AGREEMENT NO. ___________
[TECHNOLOGY SERVICES – LICENSE/SUBSCRIPTION]
This AGREEMENT (“Agreement”) is entered into on and effective as of ____________________ by and between the CITY OF BAKERSFIELD , a municipal corporation and Charter City (“City”), and BORDERLAN, INC. (“Provider”) a corporation authorized to do business in California.
WHEREAS, City issued a formal bid solicitation for Barr acuda Email Protection Subscription Licenses for 60 months; and
WHEREAS, the Provider has submitted a bid to provide Barracuda Email Protection Subscription Licenses for 60 months in response to Invitation to Bid No. 25-26-17; and
WHEREAS, City desires to subscribe to Provider’s programs, subject to and in accordance with Bid No. 25 -26-17 attached hereto as Exhibit A and Barracuda’s terms and conditions attached hereto as Exhibit B; and
WHEREAS, in light of the intellectual property and subscription -based nature of Provider’s programs and services , City’s use of Provider’s services and/or products are subject to compliance with Provider’s terms and conditions, and therefore City has agreed to abide by the above -referenced attachment(s); and
WHEREAS, notwithstanding the above, the Parties understand and agree that City’s standard contracting procedures require use of this cover sheet and signatories and certain delineated terms set forth below, which shall govern the term of this Agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and PROVIDER hereby agree as follows:
1. SCOPE OF WORK. In exchange for the Compensation (defined below), Provider shall perform the following: Provide Barracuda Email Protection Subscription Licenses for 60-months (“Scope of Work”). The Scope of Work shall be subject to the terms and conditions set forth in Exhibit A and Exhibit B , attached hereto.
2. COMPENSATION. Subject to the conditions of this section, CITY will pay PROVIDER as follows for performing the Scope of Work (“Compensation”): a total aggregate payment not to exceed THREE HUND RED EIGHTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($382,500) in accordance with the costs and
fees set forth in Exhibit A.
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out -of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $382,500 for performing the Scope of Work.
3. TERM. Notwithstanding any contrary terms set forth in Exhibit A and Exhibit B , this Agreement shall terminate on November 29, 2030 , unless terminated sooner.
IN WITNESS WHEREOF, the parties hereto have cause d this Agreement to be executed as of the Effective Date.
FOR CITY OF BAKERSFIELD
(“CITY”):
By: _______________________________
KAREN GOH
Mayor
By: _______________________________
GREGORY PRONOVOST
Technology Services Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _______________________________
ASHLEY ZAMBRANO
Deputy City Attorney
FOR BORDERLAN, INC.
(“PROVIDER”):
By: _______________________________
[signature]
Printed Name & Title:
___________________________________
ATTACHMENTS: Exhibit A
Exhibit B
COUNTERSIGNED:
By: _______________________________
RANDY MCKEEGAN
Finance Director