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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-115Temp. Reso. #14011 October 11, 2023 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023 - 115 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE PURCHASE OF TWO (2) IBM POWER10 SERVERS FROM SPS VAR, LLC, UTILIZING OMNIA PARTNERS / NATIONAL COOPERATIVE PURCHASING ALLIANCE (NCPA) CONTRACT 01-67, AT A COST OF $97,653.07, AND THE APPROVING THE PURCHASE OF INSTALLATION AND DATA MIGRATION SERVICES FROM SPS VAR, LLC, SOLE SOURCE PROVIDER FOR SERVICES RELATING TO CENTRAL SQUARE TECHNOLOGIES ENTERPRISE SOFTWARE APPLICATIONS, AT A COST OF $17,225.00, FOR A TOTAL PURCHASE COST OF $114,878.07; AUTHORIZING EXECUTION OF ASSOCIATED CONTRACT DOCUMENTS; AUTHORIZING EXPENDITURES FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER ERRORS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and Temp. Reso. #14011 October 11, 2023 Page 2 of 5 WHEREAS, technology is one of the key components in the efficient delivery of City services, and the City's server infrastructure is critical to ensuring continued operations; and WHEREAS, the City's existing IBM server infrastructure that was purchased in 2013, is at the end of its lifecycle, and replacement is necessary to support continued operations and to alleviate issues related to increasing use and performance requirements; and WHEREAS, SPS VAR, LLC is the only IBM business partner approved by Central Square Technologies to determine the needs and resources required for the Central Square Technologies enterprise software applications that run on the IBM hardware platform and therefore, for reasons of compatibility and standardization of technologies, SPS VAR, LLC is considered a Sole Source Provider, and to maintain a fully supported, working system, and to be cost effective, the City is required to utilize Central Square Technologies' services and partners; and WHEREAS, SPS VAR, LLC has provided a proposal for the purchase of two (2) IBM Power10 Servers, utilizing Omnia Partners / National Cooperative Purchasing Alliance (NCPA) Contract 01-67, at a cost of $97,653.07, and has provided a quote for installation and data migration services, at a cost of $17,225.00, for a total purchase cost of $114,878.07; and WHEREAS, funding is available in Information Technology Capital Maintenance Program (CMP) Budget for this purchase; and WHEREAS, it is the recommendation of the Director of Information Technology and the Purchasing and Contracts Manager that the City Commission approve the Temp. Reso. #14011 October 11, 2023 Page 3 of 5 purchase of two (2) IBM Power10 Servers from SPS VAR, LLC, utilizing Omnia Partners / National Cooperative Purchasing Alliance (NCPA) Contract 01-67, at a cost of $97,653.07, and approve the purchase of installation and data migration services from SPS VAR, LLC, sole source provider for services relating to Central Square Technologies enterprise software applications, at a cost of $17,225.00, for a total purchase cost of $114,878.07" and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the business owners, residents, and visitors of the City of Tamarac to approve the purchase of two (2) IBM Power10 Servers from SPS VAR, LLC, utilizing Omnia Partners / National Cooperative Purchasing Alliance (NCPA) Contract 01-67, at a cost of $97,653.07, and approve the purchase of installation and data migration services from SPS VAR, LLC, sole source provider for services relating to Central Square Technologies enterprise software applications, at a cost of $17,225.00, for a total purchase cost of $114,878.07. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1. The foregoing recitals are true and correct and hereby adopted as the legislative and administrative findings of the City Commission; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. Section 2. The City Commission approves the purchase of two (2) IBM Power10 Servers from SPS VAR, LLC, utilizing Omnia Partners / National Cooperative Purchasing Alliance (NCPA) Contract 01-67, at a cost of $97,653.07, and approves the purchase of installation and data migration services from SPS VAR, LLC, sole source provider for services relating to Central Square Technologies enterprise software applications, at a cost of Temp. Reso. #14011 October 11, 2023 Page 4 of 5 $17,225.00, for a total purchase cost of $114,878.07-1 authorizes the appropriate City Officials to execute all necessary documents to effectuate the purchase; authorizes the appropriate City Officials to execute Purchase Orders for the purchase of two (2) IBM Power10 Servers, including installation and data migration services, from SPS VAR, LLC, for a total purchase cost of $114,878.07-1 and authorizes the appropriate City Officials to approve subsequent IBM maintenance and support renewal options. Section 3. Funding is available for the purchase of two (2) IBM Power10 Servers, including installation and data migration services, from the appropriate accounts for a total cost not to exceed $114,878.07. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Any scrivener or typographical errors that do not affect intent of this Resolution may be corrected with notice to and authorization of the City Attorney and City Manager without further process. Section 6. If any clause, section, other part, or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #14011 October 11, 2023 Page 5 of 5 Section 7. This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 11th day of October, 2023. ATTEST: rITBERLY LON, CMC Y CLERK MICHELLE J. GOMEZ MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ: 66S DIST 1: V/M. BOLTON JcS DIST 2: COMM. WRIGHT DIST 3: COMM. VILLALOBOS �S DIST 4: COMM. DANIELS APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. t—� xk1bif 1 Quote Date: 9/25/2023 Quote Valid for 30 Days ASPS VAR SPS VAR POWER10 Proposal For City of Tamarac Navil-ine Infrastructure Upgrade Omnia Partners / NCPA Contract 01-67 Lori Blan SPS VAR Office (770) 216-4462 lori. bland-spsvar.com R x �z SPS VAR P.O. Box 8869 Atlanta, GA 31106 www.spsvar.com These prices are for your information only and are subject to change without notice. Tax not included. 1 Quote Date: 9/25/2023 Quote Valid for 30 Days Configuration Summary: System Migration PRODUCTION IBM POWER10®, Model 9105-41B Rack mountable (no rack, included) 4 Core, 1 Core Active and Licensed with 26,000+ CPW Rating (4) X 80OTB NVMe Disk Drives Mirrored for 1.6TB Usable 32GB Memory LPPs, OS & 30 User Licensing transferred from 8202-E4D sn 06A216T Redundant 4-Port, 1 GbE Ethernet NIC Card System Console on Ethernet LAN Redundant 110v Power Supplies External USB DVD Drive Rack Mounted TS2900 Tape Autoloader -LT08 Tape Drive with 10 tape cartridges Five Years 24x7 IBM Hardware and Software Maintenance $51,765.88 WARM DR IBM POWER100, Model 9105-41B Rack mountable ( no rack, included ) 4 Core, 1 Core Active and Licensed with 26,000+ CPW Rating (4) X 80OTB NVMe Disk Drives Mirrored for 1.6TB Usable 32GB Memory Licensed Program Products (LPPs) transferred from 8202-E4D sn 06A2FBT 5 Base User Licenses Redundant 4-Port, 1 GbE Ethernet NIC Card System Console on Ethernet LAN Redundant 110v Power Supplies External USB DVD Drive Rack Mounted MultiMedia Enclosure - LT08 Tape Drive with 10 tape cartridges Five Years 24x7 IBM Hardware and Software Maintenance $ 45,887.19 Remote Assistance with Installation and Data Migration with OS upgrade Services Includes Tape Drive Rental for Migration $ 17,225.00 SPS VAR Solution Total $ 114,878.07 x JSPS VAR These prices are for your information only and are subject to change without notice. Tax not included. 2 Quote#2023082201 Omnia Partners / NCPA Contract 01-67 Proposal for City of Tamarac 10T.-I SPS VAR PRODUCTION Product Description 9105-41B IBM Power 51014 5557 System Console -Ethernet LAN adapter 5899 PCIe2 4-port 1GbE Adapter 6458 Power Cord 4.3m (14-ft), Drawer to IBM PDU (250V/10A) EB3W AC Titanium Power Supply - 1200W for Server (100-127V/200-240 EB73 IBM i 7.3 Indicator EJ10 PCIe3 SAS Tape/DVD Adapter Quad -port 6Gb x8 EJ1Y Storage Backplane with eight NVMe U.2 drive slots EJXU Front IBM Bezel for 16 NVMe-bays BackPlane Rack -Mount EM6N 32GB (2x16GB) DDIMMs, 3200 MHz, 8GBIT DDR4 Memory EPFT One Processor Core Activation for EPGO EPGO 4-core Typical 3.0 to 3.90 Ghz (max) Power10 Processor ES3A Enterprise 800GB SSD PCle4 NVMe U.2 module for IBM i EUOK Operator Panel LCD Display EU19 Cable Ties & Labels EU2C Express Edition 4 core (IBM i) EUAS Standalone USB DVD drive w/cable 9677-A05 5 year, Advanced Expert Care - 24x7x365 - 4 hr response 9105-41B Price 3572-S8H TS2900 Tape Autoloader with LTO8 SAS Tape Drive 5507 4m Mini -SAS HD/Mini-SAS 1x Cable 7006 3572 Tack Mount Kit 9400 Attached to i5 OS & OS/400 System 6662-C43 5 Year 24x7x365 - 4hr Warranty and Maintenance Option 3572-S8H Price Software and Support 5733-PO5 IBM SW Maintenance for IBM i and Selected Products, 5-Year Exte 0001 P05 per Processor Registration 0002 P05 per Processor Registration 247 5770-SS1 IBM i V7 1448 OTC per IBM i license transfer 6351 IBM i per User Transfer Registration (blk of 5) 5775-PVE 5-Year SWMA for 5765-VE3 0570 Syr Reg Per Processors (Small) Software and Support Price Reference Qty Price SPS VAR Sales Price 1 5,500.00 $ 4,675.00 1 - 2 1,148.00 $ 975.80 4 56.00 $ 47.60 4 2,400.00 $ 2,040.00 1 - $ - 1 1,100.00 $ 935.00 1 1,999.00 $ 1,699.15 1 200.00 $ 170.00 1 3,199.00 $ 2,719.15 4 - $ - 1 4,199.00 $ 3,569.15 4 5,996.00 $ 5,096.60 1 399.00 $ 339.15 1 25.00 $ 21.25 1 - $ - 1 99.00 $ 84.15 1 2,868.88 $ 2,868.88 29,188.88 25,240.88 1 11,240.00 $ 9,554.00 1 180.00 $ 153.00 1 500.00 $ 425.00 1 - $ - 1 4,362.00 $ 4,362.00 16,282.00 14,494.00 1 - 1 7,250.00 $ 5,945.00 1 800.00 $ 656.00 1 - $ - 1 6,000.00 $ 4,920.00 6 N/C 1 N/C 1 600.00 $ ------------ 510.00 --------- --------- 14,650.00 ------------ $ 12,031.00 1of3 Quote#2023082201 Omnia Partners / NCPA Contract 01-67 Proposal for City of Tamarac F'�t' SPS VAR Product Description 9105-41B IBM Power 51014 444 CBU Specify 5557 System Console -Ethernet LAN adapter 5899 PCIe2 4-port 1GbE Adapter 6458 Power Cord 4.3m (14-ft), Drawer to IBM PDU (250V/10A) EB3W AC Titanium Power Supply - 1200W for Server (100-127V/200-240 EB73 IBM i 7.4 Indicator ECBY SAS AE1 Cable 4m - HD Narrow 66b Adapter to Enclosure EJ1Y Storage Backplane with eight NVMe U.2 drive slots EJ2B PCIe3 12Gb x8 SAS Tape HBA Adapter EJXU Front IBM Bezel for 16 NVMe-bays BackPlane Rack -Mount EM6N 32GB (2x16GB) DDIMMs, 3200 MHz, 8GBIT DDR4 Memory EPFT One Processor Core Activation for EPGO EPGO 4-core Typical 3.0 to 3.90 Ghz (max) Power10 Processor ES3A Enterprise 800GB SSD PCIe4 NVMe U.2 module for IBM i EUOK Operator Panel LCD Display EU19 Cable Ties & Labels EU2C Express Edition 4 core (IBM i) EUAS Standalone USB DVD drive w/cable 9677-A05 5 year, Advanced Expert Care - 24x7x365 - 4 hr response 9105-41B Price 7226-11.13 Multi -media Enclosure 8541 HHLTO8 SAS Tape Drive 9848 Rack Device to PDU Cord 9850 4m Mini -SAS HD/Mini-SAS 1x Cable 6662-C43 5 Year 24x7x365 - 4hr Warranty and Maintenance Option 7226-11.13 Price Software and Support 5733-PO5 IBM SW Maintenance for IBM i and Selected Products, 5-Year Exte 0001 P05 per Processor Registration 0002 P05 per Processor Registration 240 5770-SSA IBM i per Processor License Billing 1549 OTC per Core w/ 90-Day SWMA - P05 Tier) 5770-SSC IBM i per User Billing 1561 OTC per 5 Users Charged with HW - P05 Tier 5775-PVE 5-Year SWMA for 5765-VE3 0570 Syr Reg Per Processors (Small) Software and Support Price 2of3 Reference Qty Price SPS VAR Sales Price 1 5,500.00 $ 4,675.00 1 - 1 - 2 1,148.00 $ 975.80 4 56.00 $ 47.60 4 2,400.00 $ 2,040.00 1 - $ - 2 370.00 $ 314.50 1 1,999.00 $ 1,699.15 2 3,598.00 $ 3,058.30 1 200.00 $ 170.00 1 3,199.00 $ 2,719.15 4 - $ - 1 4,199.00 $ 3,569.15 4 5,996.00 $ 5,096.60 1 399.00 $ 339.15 1 25.00 $ 21.25 1 - $ - 1 99.00 $ 84.15 1 3,181.49 $ 3,181.49 32,369.49 27,991.29 1 1,710.00 $ 1,453.50 1 5,990.00 $ 5,091.50 1 20.00 $ 17.00 1 - 1 2,382.00 --------- $ ------------ 2,382.00 --------- 10,102.00 ------------ 8,944.00 1 - 1 7,250.00 $ 5,945.00 1 800.00 $ 656.00 1 - $ - 1 2,245.00 $ 1,840.90 1 - 1 - 1 - 1 600.00 $ ------------ 510.00 --------- --------- 10,895.00 ------------ $ 8,951.90 Quote#2023082201 PO#1 PO#2 Omnia Partners / NCPA Contract 01-67 Proposal for City of Tamarac Fc SPS VAR Reference SPS VAR Sales SPS VAR Solution Summary Price Price 9105-41B POWER10 with EPGO Processor 3.2TB Usable 43,838.88 37,271.88 3572-S8H - Rackmount LT08 Tape Autoloader 16,282.00 14,494.00 Qty 10 - IBM 01PL041 - LT08 Data Cartridges 6,026.00 N/C --------------------- --------------------- Production Solution Totals 51,765.88 9105-41B POWER10 with EPGO Processor 3.2TB Usable 43,264.49 36,943.19 7226-11.13 Multi -Media Enclosure with LT08 Tape Drive 10,102.00 8,944.00 Qty 10 - IBM 01PL041 - LT08 Data Cartridges 6,026.00 N/C --------------------- --------------------- Warm DR Solution Totals 45,887.19 NCPA 01-67 Contract Product Totals $ 97,653.07 Remote Installation, Migration and OS Upgrade Services $ 17,225.00 Includes LT07 tape drive rental to read LT05 SAVE during migration Solution Purchase Price $ 114,878.07 3of3 T H Lewis President10-18-23 SPS VAR Additional Terms Order, Delivery and Installation This is a custom order. If you cancel an order for Products within 10 business days prior to their shipment date, then you agree to pay any costs we incur for such cancellation, including cancellation charges we are assessed by our suppliers. However, you may not cancel an order after the Products have been shipped, and you may not cancel an order for Subscriptions after they have begun. We bear the risk of loss for each Product until it is delivered to you. Thereafter, you assume the risk of loss. You must install all Programs and you must install Machines designated as Customer -set-up by the manufacturer. The manufacturer will install all other Machines. Within 10 business days of their delivery, you may return any Products that are defective on arrival and cannot be installed. Otherwise, if you wish to return any Products which are not defective and have never been installed, then you must first obtain our written consent and agree to pay any return charges we are assessed by our suppliers. Some Products may not be returnable. Following their installation, you may only return the Products under the provisions of the manufacturer's warranty. Payment and Assignment You agree to pay applicable sales taxes or supply exemption documentation. You are responsible for personal property taxes for all Products from the date they are shipped to you. We invoice the Products when they are shipped. We invoice Subscriptions when they are processed. We will apply your down payment to the invoice amount (the "Invoice Amount"), which will include the price of Products plus shipping charges and applicable sales taxes and the price for the Subscription. The balance of the Invoice Amount is due within 30 days of the invoice date. Amounts past due will be assessed a late payment charge of 1.5% per month, which you agree to pay. Alternatively, you may assign your obligation to pay the Invoice Amount to the IBM Credit Corporation (ICC). You agree to sign an ICC Certificate of Acceptance, accepting Products within 10 days of their delivery and accepting the Subscriptions. The ICC Certificate of Acceptance constitutes payment to us of the Invoice Amount. We will return your down payment, net of any cancellation or return charges, when we receive payment from ICC. Other than this express permission, you may not assign, or otherwise transfer, this Agreement or your rights under it, or delegate your obligations, without our prior written consent. Any attempt to do so is void. Title and License We transfer title to Machines to you when we (a) receive the total Invoice Amount due and (b) you return any removed parts that become our property during a feature or model upgrade. The application, use and other aspects of the Programs and the Subscriptions are solely governed by the terms and conditions of the applicable agreement between you and the manufacturer. If you fail to pay the Invoice Amount, including late payment charges, then we may remove and repossess the Machine without notice or demand, and we may request the manufacturer to cancel the Program license or Subscription. Warranty All warranties with regard to the Products or the Subscriptions are provided directly by the manufacturer to you. We warrant only that we are authorized to supply Products and the Subscriptions. THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND WE MAKE NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant uninterrupted or error -free operation of any Product. Limitation of Liability If you are entitled to recover damages from us, in each instance, regardless of the basis on which damages can be claimed, we are liable only for actual damages caused by a Product in an amount no greater than the price you have paid for the Product that is the subject of the claim. Under no circumstances are we responsible for (a) loss of, or damage to, your programs, records or data; or (b) special, incidental, consequential or other indirect damages (including lost profits or savings), even if we are informed of their possibility. Disputes The laws of the State of Georgia govern this Agreement. Any controversy or claim rising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association at a hearing in Atlanta, Georgia. A judgment of a court having jurisdiction may be entered upon the arbitrator's award. The prevailing party, in addition to all other sums to which it may be entitled, is entitled to recover from the other party the reasonable expenses (including attorney fees) relevant to the claim. Agreement Number: 2023092501 LBB T H Lewis President 10-18-23 SPS VAR Services Agreement Additional Terms ._.4 SPS VAR Billing For Hourly Services, the minimum billing increment is fifteen (15) minutes. However, there will be a one -hour minimum for each day in which Services are provided on -site and a fifteen (15) minute minimum for each day in which Services are provided by telephone. We may increase our hourly billing rate and minimums by giving you three (3) months' written notice. Hourly Services are invoiced weekly as the work progresses. Fixed -Price Services are invoiced as specified in the Statement of Work. Travel and other expenses are invoiced weekly using IRS mileage allowances for automobile transportation and actual cost for all other expenses. Charges for Services and expenses are due within 15 days from the invoice date. Amounts past due are subject to a late payment charge of 1.5% per month. You agree to pay accordingly. You agree to pay applicable sales taxes or supply exemption documentation. Project Completion and/or Termination Hourly Services will end when we provide the estimated number of hours or upon the estimated project end date unless you authorize additional hours or an extension of the end date. In the event that additional hours are not authorized for incomplete project which is provided on an Hourly Services basis, we do not warrant that the Services will be completed. Fixed -Price Services will end when the tasks described in the Statement of Work are complete. Either party may terminate this Agreement on written notice to the other if the other breaches any material provision of this Agreement, including nonpayment of any charges hereunder. Upon termination, we will stop our work in an orderly manner as soon as practical. You agree to pay for all Services we provide, all materials (including programs, program listings, documentation, reports or other similar works of authorship) we deliver and all expenses we incur through the project's termination, including charges we incur in terminating subcontracts. Customer Obligation You agree to provide us reasonable access to the premises where Services will be provided during your business hours. You will also provide other onsite cooperation and assistance as may be reasonably requested by us. You agree to sign and deliver to us the Acknowledgment of Completion of Services when the tasks described in the Statement of Work are complete, or when we have provided the estimated number of hours of Services for Hourly Services (unless additional hours are authorized), whichever comes first. Subcontractors We have the right subcontract any part of the Services to a third party as we deem appropriate, provided that we will remain ultimately responsible for the Services, subject to the terms of this Agreement. Changes to Statements of Work The Statement of Work may only be changed by a written Change Authorization signed by both of us. The terms of the Change Authorization will prevail over those of the Project Description, the Statement of Work and any previous Change Authorizations. Warranty We warrant that we perform Services using reasonable care and skill in accordance with recognized standards in the industry. WE DO NOT PROVIDE ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant uninterrupted or error free operation of any Service. Limitation of Liability In the event that you are entitled to recover damages from us, in each instance, regardless of the basis on which you are entitled to claim damages from us, we are liable only for an amount no greater than the sum of all payments you have made to us. This limit also applies to liabilities of any of our subcontractors. It is the maximum for which we and our subcontractors are collectively responsible. Under no circumstances are we or our subcontractors responsible to you or third parties for 1) loss of, or damage to, your records or data; or 2) special, incidental, consequential or other indirect damages (including lost profits or savings), even if we are informed of their possibility. Disputes The laws of the State of Georgia govern this Agreement. Any controversy or claim rising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by arbitration in accordance with the rules of the American Arbitration Association at a hearing in Atlanta, Georgia. A judgment of a court having jurisdiction may be entered upon the arbitrator's award. The prevailing parry, in addition to all recoveries, is entitled to recover from the other party reasonable expenses (including attorney fees) relevant to the claim. Agreement Number: _2023092502LBB 2 1275395v2