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HomeMy WebLinkAbout5884AGENDA BILL CITY OF BREMERTON 5 D CITY COUNCIL SUBJECT: [Emergency] Sole Source Study Session Date: Purchase Agreement with Trebron COUNCIL MEETING Date: Company, Inc. for Barracuda Message Department: Archiver Presenter: September 12, 2018 September 19, 2018 Financial Services Kevin Matthew Phone: (360) 473-5473 SUMMARY: The Barracuda Message Archiver is an integrated local and offsite email archiving solution. It is an all-inclusive solution that provides software, storage, replication, and migration support for email messaging archive to reduce email storage requirements and meet demanding Public Records Act (PRA)/e-Discovery compliance requirements. Integration with the Barracuda Cloud provides secure long-term email storage and backup, and end user productivity increases with access from any device to every message sent or received. This purchase agreement, totaling $46,006.72 (includes tax) is for the purchase of the Barracuda Virtual Appliance 450Vx license with 5 year term and 5 years of the "Mirrored Cloud Storage" service. This system will replace the recently failed ArcMail Archive platform. ATTACHMENTS: 1) Purchase Agreement with Trebron Company, Inc. for the purchase of a Barracuda Message Archiver Vx450, PST Enterprise and Mirror Cloud Storage over a 5 year term. 2) Proposal from Trebron Company, Inc. 3) Barracuda Message Archiver Product Literature. FISCAL IMPACTS (Include Budgeted Amount): The total anticipated cost of this project is $46,006.72 over 5 years. The first year professional support payment in the amount of $9,201.34 plus tax is not included in the Information Technology 2018 budget and will require a budget adjustment. Fund balance will be used to cover the expenditure so no budget adjustment will be required for revenue. Subsequent payments will be included in fund 511 budgets going forward. STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept the purchase agreement with Trebron Company, Inc. in the amount of $42,208.00 plus tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and to authorize an expenditure budget adjustment in the amount of the first year payment. COUNCIL ACTION: 6 Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 TREBRON Buyer: City of Bremerton Mailing 345 6th Street Suite 9AB l0ID Address: Bremerton, WA 98337-1873 lL Barraculda Date: September 6, 2018 Trebron Account Executive: Trebron Company, Inc. Purchase Agreement 5 Years Scott Gruen 5506 351' Ave. N.E. Seattle, WA 98105 (360) 275-9100 Direct 206-527-3477 Corporate sgriffin(Mtrebron.com The Parties hereto, 'Buyer," City of Bremerton and "Seller," Trebron Company, Inc. hereby agree as follows: 1. Description: Buyer agrees to purchase from Seller, "Product" as listed in the table below for $42,208.00 (Forty Two Thousand Two Hundred Eight United States Dollars and 00/100), plus applicable shipping costs and sales tax, unless Buyer is exempt from the payment of such tax and nrnvidP_S Salipr with avidprira of _Qi jeh aYramntion Qty Included Components Term Months Total Price $USD 1 Barracuda Message Archiver 450Vx 60 $32,759.00 1 Barracuda Message Archiver 450Vx Mirrored Cloud Storage 60 $ 9,449.00 ,e. rayment: To be made to Seller in five annual installments of $8,441.60 each. The first payment is due on or before November 30, 2018. The second payment is due on or before November 30, 2019. The third payment is due on or before November 30, 2020. The fourth payment is due on or before November 30, 2021. The fifth and final payment is due on or before November 30, 2022. Payment Terms are net thirty (30) days from date of invoice. All payments shall be by check made payable to Trebron Company, Inc. at the address listed above. 3. Term: Buyer's license for the product expires approximately 9/30/2023 (5 years). 4. Representations: Buyer understands that Seiler is a reseller of hardware and software products. Buyer acknowledges that it has not relied on any representations by Seller and has independently investigated the products and determined the suitability of the products for Buyer's intended purposes. 5. Warranty: Seller shall pass through to Buyer any original manufacturers' warranties for Product acquired by Seller for Buyer, including Licensor's warranties for Product. Except for the foregoing, Seller shall deliver the Product "as is' and Seller makes no other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. 6. Limitation of Liability: Under no circumstances will Seller be liable for any incidental, indirect, special or consequential damages from Buyer or any third party, including damages for lost revenue, profits, data or use, even if Seller has been advised of the possibility of such damages. In no event shall Seller's entire liability under this agreement exceed the price of the products under this Agreement. 7. Indemnification: Buyer shall defend, indemnify and hold harmless Seller, its employees and its agents from and against all damages, claims and liabilities of every nature whatsoever, including but not limited to reasonable legal expenses, arising in connection with or out of the improper or unauthorized operation use or repair of the products fumished to Buyer. 8. Late Fees: Late payments shall accrue interest beginning from the payment due date at a rate of eighteen percent (18%) per annum or the maximum allowable legal rate whichever is lower. In the event that any payment or amount owed is more than ninety (90) days past due, Seller may declare the entire amount due and owing in addition to accrued fees and costs. Buyer's failure to pay under this agreement may result in termination of Buyer's software license. 9. Cancellation: Once Seller has accepted Buyer's order, Buyer cannot cancel the agreement, in whole or in part, without Seller's express written consent. Such cancellation is conditioned upon Buyer's reimbursement to Seller for all costs incurred by Seller in connection with the order up to the time of cancellation --including, but not limited to Seller's cost for cancellation. Seattle, WA (Corporate) 5506 35" Ave NE, Seattle, WA 98105 Office (206) 527-3477 1 Fax (206) 527-4288 Springfield. MO Office (417) 473-9199 1 Fax (206) 527-4288 Page 1 of 2 10, Attorney's Fees: In the event any cost or expense, including reasonable attorney's fees ("Costs') are incurred in the enforcement of this Agreement, the prevailing party shall be entitled to reimbursement for all such Costs in addition to damages. 11. Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Venue for any and all actions shall be In the state or federal courts of King County, Washington, 12. Software: Buyer will negotiate all software license provisions of Product directly with the Licensor. 13. Miscellaneous: This Agreement must be executed on or before 10/512018 or it becomes void. 14. Waiver: The waiver of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach and shall be effective only if presented in writing. 15. Severability: If any provision of this Agreement is deemed invalid or unenforceable, all other provisions of this Agreement shall remain in full force and effect. 16. Entire Agreement: This Agreement constitutes the entire Agreement of the parties and may not be amended or superseded except in writing with execution by both parties. City of -71 i r uirector oignaiure ) Business Office Aignature - Required Printed NamePrinted Nam _ktoya't".�'Zie:�'—f ncm(e WCA Title IF Title I / V/ Date Date Trebron Company, Inc. Signature Norbert van Dam Printed Name President Title � • I:?- ) B Date Must be signed by an authorized representative of Buyer Billing Information Do you accept invoices via Email? Y 1� N 0 2�Nez---' 21�-A.'J Accounts Payable Contact I v,.✓_!''iiw'tt'F� G'_4r4.c.Ar ,.LatLJ Email Address 36'Q y 73 Phone Page 2 of 2 TREBRO COMPANY INC September 6, 2018 Trebron Company, Inc. 5506 35th Ave. N.E. Seattle, WA 98105 Attn: Scott Griffin 360-275-9100 (Mobile) Main Office: 206-527-3477 / 800-499-3079 sqriffin .trebron.com k AtBarracluda Billed to: City of Bremerton 345 6th Street Suite 60TT/L"�4 Bremerton, WA 98337-1873 Attn: Kevin Matthew 360-473-5473 kevin.matthew(a-)_ci.bremerton.wa.us Quote Number Quote Valid Until Payment Terms 09062018 -SPG A 10-5-2018 Special Trebron Payment Plan / Net 30 5 Year Pricing Qty Included Components Term Total Price Months $USD 1 Barracuda Message Archiver 450Vx 60 $32,759.00 1 Barracuda Message Archiver 450Vx Mirrored Cloud Storage 60 $ 9,449.00 Total (Excluding tax as applicable): $42,208.00 Special Optional Trebron Payment Plan ❑ Payment 1 Due November 30, 2018 $8,441.60 ❑ Payment 2 Due November 30, 2019 $8,441.60 ❑ Payment 3 Due November 30, 2020 $8,441.60 ❑ Payment 4 Due November 30, 2021 $8,441.60 ❑ Payment 5 Due November 30, 2022 $8,441.60 Notes: • Licenses - granted pursuant to the terms of the Barracuda Networks End User License Agreement (EULA) Order Confirmation: Please sign and fax to (206-527-4288) or email to your Trebron Sales Rep. I understand that by signing this Purchase Order/Quote confirmation I agree to the following: • I am authorized by the "billed to" party to purchase the item listed above. • All information is accurate with regard to price, description, quantity and billing address. • The "billed to" party agrees to pay the invoice in accordance with terms of net 30. • Late Charges will be billed after 30 days at 18% rate of interest including, but not limited to legal fees to collect. Product licenses provide rights to utilize the aforementioned software to a maximum of the quoted quantity. This quote shall in no way be construed as creating an obligation on the part of Barracuda Networks but rather indicates a right and intent to enter into an agreement with the "billed to" party described above. To take advantage of the Trebron Payment Plan a "Trebron Purchase Agreement' will also need to be signed. Authorized Signature: w Print name: C 'i-e"o Purchase Order* Date: STjr -2`A ► -2 � 0 t S Title: Ship to address same as Billed to? ❑ Yes ❑ No Seattle, WA (Corporate) 5506 351h Ave NE, Seattle, WA 98105 Office (206) 527-3477 1 Fax (206) 527-4288 Springfield, MO Office (417) 473-9199 1 Fax (206) 527-4288