Res 1007 - Comp Hdwe Agmt Busin
COUNCIL BILL NO. 1237
RESOLUTION NO. 1007
A RESOLUTION APPROVING A COMPUTER HARDWARE AGREEMENT WITH BUSINESSLAND.
AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT.
WHEREAS, staff conducted a comprehensive evaluation of the
City's current computer system, and
WHEREAS, the evaluation concluded that, in the on-going attempt
to provide the best possible service to the citizens of Woodburn, the
current centralized computer system be replaced with a PC-based LAN system,
and
WHEREAS, the Woodburn City Council, at the meeting of July 9,
1990, pledged support of the computer system replacement, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement
with BUSINESSLAND for computer hardware.
Section 2. That the Mayor is authorized to sign said agreement,
a copy of which is attached hereto, on behalf of the City of Woodburn.
APPROVED AS TO FORM:
Date
City Attorney
~~ ~
APPROVED: 'P'~ ~
For: NANC A. KIRK , f4AVo\
Passed by the Council July 23, 1990
Submitted to the Mayor (Council President) July 24, 1990
Approved by the Mayor (Council President) July 24, 1990
Filed in the Office of the t1ayor July 24, 1990
ATTEST:
Page 1 - COUNCIL BILL NO. 1237
RESOLUTION NO. 1007
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Businessland Inc.
1600 s.w. Fourth Avenue
Portland. OR 97201
(503) 227-~367
BUSltESSwD@
PROPOSAL FOR THE CITY OF WOODBURN
Page 1
A. SERVER STATION
Q.t:: Description Price Retail
1 IBM Model 8580A31(25 Mhz) with a 320 MB Hard Disk 8,444.80 13195.00
1 IBM System 2 Monochrome Display (8503) 181.12 283.00
1 IBM DOS Version 3.3 87.68 137.00
1 Max 4 Surge Protector with Noise Filter 62.30 89.00
1 Elgar Battery Backup Unil(1000va) 800.00 1294.95
1 Elgar U PS Cable 75.56 107.00
1 Floppy Disk(3.5 Double Sided Double Density) 18.00 22.00
B. NETWORK HARDWARE AND SOFTWARE
Q.t:: Description Price Retail
1 Novell Netware Version 2.15 on 3.5 Floppy Diskettes 2,456.09 3295.00
1 Server Installation(Level B) 495.00 495.00
C. WORKSTATIONS
Q.t:: Description Price Retail
27 IBM Model 8555031 (16 Mhz) with a 30 MB Hard Disk 67,305.60 94365.00
24 IBM System 2 Monochrome Display(8503) 4,346.88 6792.00
3 IBM System 2 Color Display(8513) 1,482.24 2316.00
27 IBM DOS Version 3.3 2,367.36 3699.00
27 IBM System 2 Mouse 1,745;28 2020.00
27 Max 4 Surge Protector with Noise Filter 1,682.10 2403.00
D. NETWORK ADAPTERS
Q.t:: Description Price Retail
29 Etherlink Network Cards 9,049.45 14355.00
2 Etherlink II Network Cards 434.98 690.00
Businessland Inc.
l600 S.W. Fourth Avenue
Portland. OR 97201
(S03) 227.'1/3f>7
BUSltESSwD@
PROPOSAL FOR THE CITY OF WOODBURN
Page 2
E. MODEMS AND CABLES
Q!):: Description Price Retail
2 Hayes Extemal9600 (V.92) Baud Modems 1,489.90 1998.00
5 Hayes External 2400 Baud Modems 895.00 1275.00
7 Modem Cables(9 foot> 164.15 314.65
1
F. TAPE BACKUP UNIT
Q!):: Description Price Retail
1 Mountain 2 Gigabyte Tape Backup Unit FS2100 4,673.37 7398.00
1 Mountain Tape Backup Host Adapter FS2100 471.00 695.00
1 2 Gigabyte Tape Packs(5 Tapes) 190.00 225.00
G. PRINTERS
Q!):: Description Price Retail
1 Epson DFX-8000 Dot Matrix 2,589.30 3699.00
13 IBM Proprinter III(4201003+23f4400) 4,983.68 7787.00
3 IBM Proprinter III XL(4202003) 1,534.08 2397.00
3 IBM Laser Printer(4019oo1-1038oo) 4,598.40 9580.00
1 Additional Drawer for IBM Laser Printer 255.36 399.00
1 2 MB Memory Upgrade for IBM Laser Printer 575.36 899.00
21 Parallel Printer Cables(6 foot> 604.17 943.95
1 HP Laserjet III Printer 1,587.70
1 postscript Font Cartridge 534.00
_ _ _..___.______~__M'_~._.___.. ____~_""",.<..._....~._.<~..___
Businessland Inc.
1600 S.W. Fourth Avenue
Portland. OR 97201
(503) 227"B67
BUSltESSwo@
PROPOSAL FOR THE CITY OF WOODBURN
Page 3
H. APPLICA nON SOFTWARE
Q!)1 Description
12 WordPerfect Node Version 5.1
3 WordPerfect SoftWare Version 5.1
4 WordPerfect Office Version 3.0(5 Pack}
7 WordPerfect Office Version 3.0
5 Microsoft Works 2.0
12 Microsoft Works 2.0 node ext.
2 Netware Anywhere
1 LanSpool
Price
1723.32
459.75
1,386.00
730.10
585.00
924.00
576.70
290.01
1.
total price for connectivity solution
132,854.79
Retail
1900.00
1485.00
1980.00
1043.00
745.00
1170.00
790.00
395.00
I approve this quotation and acknowledge that the terms and
conditions of Businessland's standard invoice will apply to this transaction
Signature:
~
Date July 24, 1990
1
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TERMS AND CONDmONS
WARRANTIES. Seller warrants that products sold hereunder (the
"Products") are free and clear of all liens or encumbrances. Unless otherwise
stated on the face hereof, Seller warrants that all manufacturer's warranties
applicable to the Products are in full force at the time of sale to Buyer, and that
such warranty periods and terms shall be as provided by manufacturer for
new equipment.
30 DAY GUARANTEE. If, for any reason other than pricing, Buyer is not
satisfied with a hardware Product purchased hereunder which is a Standard
Businessland Product (a Product which is normally stocked, serviced, and
supported by Businessland, identified by a stocking level 1 through 3 and a
support code A or B on the current Businessland Retail Price List), that
Product may be returned within thirty (30) days from the date of purchase to
the Businessland location from which it was ordered, provided it is in the
original configuration as delivered and has not been altered, modified or
damaged by Buyer. (Unless Buyer elected to receive the Product without its
original packaging, any Product returned to Businessland without its original
packaging will be assessed a 15% restocking fee.) The foregoing is Buyer's
exclusive remedy in connection with this guarantee. Buyer acknowledges that
software and supplies, including but not limited to paper, ribbons,
printwheels, removable disks, diskettes and tapes, shall not be eligible for the
foregoing return privileges.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER MAKES NO
WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, WITH RESPECT
TO THE PRODUCTS OR REPLACEMENT PARTS SUPPLIED HEREUNDER.
SELLER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON
THE PRODUCTS OR REPLACEMENT PARTS.
ASSUMPTION OF RISK. Buyer recognizes that the use of computer products
involves a substantial risk of loss of stored data and that industry standards
dictate Buyer's systematic use, in conjunction with any central processing
unit, of products which provide comprehensive backup of data so as to
prevent such loss. In addition to the other risks assumed by Buyer
hereunder, BUYER ASSUMES ALL RISK OF LOSS OF DATA FROM ANY
AND ALL CAUSES OR IN ANY WAY RELATED TO OR RESULTING FROM
THE SALE OR SERVICE OF PRODUCTS BY BUSINESSLAND, AND BUYER
HEREBY RELEASES BUSlNESSLAND FROM LIABILITY FOR ANY LOSS OF
BUYER'S DATA.
LIMITATION OF LIABILITY. SELLER SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
WHETHER IN AN ACTION IN CONTRACT OR TORT(INCLUDING
1
NEGLIGENCE AND STRICT LIABILITY), SUCH AS, BUT NOT LIMITED TO,
LOSS OP ANTICIPATED PROFITS OR BENEFITS RESULTING FROM THE
USE OF A PRODUCT OR ANY BREACH OF THIS AGREEMENT, EVEN IF
SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL SELLER'S LIABILITY EXCEED THE PRICE PAID FOR
THE PRODUCT OR SERVICE.
Title to and risk of loss of the Products are transferred to Buyer upon Seller's
delivery of the Products to the carrier, unless the Products are sold F.O.B
Destination of Seller is to install the Products, in which case title and risk of
loss pass to Buyer upon tender of the Products to Buyer at the delivery of
installation site. Seller retains a security interest in the Products, including all
accessories to and replacements of the Products, to secure performance of all
Buyer's obligations under this Agreement.
If payment is not received within thirty (30) days of the date shown on the
front hereof, Buyer will promptly pay to Seller a finance charge equal to the
lesser of one and one-half (1.5%) percent of the outstanding balance for each
month during which payment was due and not received, or the highest rate
allowed by applicable law.
Buyer warrants that Products are being purchased for its own use and not for
resale.
All replacements parts provided by Seller in connection with its repair or
service of a Product pursuant to this Agreement shall be new or
reconditioned to manufacturer's specifications. Such replacement parts shall
be warranted by Seller to comply with manufacturer's specifications. Such
replacement parts shall be warranted by Seller to comply with manufacturer's
specifications for a period of thirty (30) days from the date of service.
In the event Seller commences an action seeking enforcement of the terms
and conditions of this Agreement, it shall be awarded, in addition to damage,
conjunctive, or other relief, its reasonable costs and expenses, including
attorney fees. This agreement shall be governed by the laws of the State of
California, excluding the choice of law or conflicts principles which might
otherwise refer to the substantive laws of another jurisdiction.
The entire understanding between the parties is incorporated in the
Agreement, and it supersedes and merges all prior discussions and
agreements between the parties relating to the subject matter hereof. This
Agreement can be modified only by a written amendment duly signed by
persons authorized to sign agreements on behalf of each party, and it shall not
be supplemented or modified by any course of dealing or trade usage.