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
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Title IF Title
I / V/
Date Date
Trebron Company, Inc.
Signature
Norbert van Dam
Printed Name
President
Title
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Date
Must be signed by an authorized representative of Buyer
Billing Information
Do you accept invoices via Email? Y 1� N 0
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Accounts Payable Contact I
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Email Address
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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