ITEM 4.
CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
RATIFY THE PURCHASE WITH CDW- G FOR A
CYBER SECURITY RELATED SOFTWARE
SUBSCRIPTION
Adopt a Resolution Ratifying the Purchase with
CDW- G for a Cyber Security Related Software
Subscription
SUMMARY:
On March 11, 2024, City Council approved for the Information Systems Department ISD) to increase the budget for software subscriptions related to cyber security. The increase in funding was essential to maintain the ongoing enhancement of the City' s cyber security systems. However, it' s imperative to note that the details of the proposed cyber security software subscription cannot be publicly disclosed due to significant security risks associated with such sensitive information. Publishing these details could inadvertently provide malicious actors with valuable insights, potentially enabling them to exploit vulnerabilities and launch harmful cyber- attacks against our systems. Therefore, to safeguard against such threats and ensure the continued integrity of the City' scyber security infrastructure, the specific details of the software subscription must remain undisclosed.
The City Manager approved this purchase in March 2024, to expedite the implementation of the software by ISD, aligning with the urgency of achieving compliance with the rigorous standards set forth by the Department of Homeland Security ( DHS). By promptly adopting this software, the City aims to bolster its cyber security posture, thereby mitigating potential risks and ensuring adherence to regulatory standards. Moreover, maintaining compliance with these standards is essential for securing cyber insurance coverage, which not only enhances our overall cyber security resilience but also has the potential to reduce associated costs. Hence, this investment serves as a proactive measure to fortify our cyber security defenses and safeguard the integrity of our digital infrastructure.
Tonight, Staff is requesting City Council adopt a resolution to ratify the purchase order with CDW- Gfor a sum not to exceed $ 96, 836. 70for the purchase of a one ( 1) year cyber security related software subscription.
BACKGROUND:
The approval of the budget increase for cyber security software subscriptions by the City Council on March 11th, 2024, marked a significant milestone in bolstering the Cities' cyber security posture. This augmentation was specifically earmarked to cover the expenses associated with acquiring cyber security software subscriptions, essential for aligning with the rigorous standards outlined by the National Institute of Standards and Technology ( NIST). Compliance with these standards is not only CITY MANAGER' SREPORT PAGE 2
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
RATIFY THE PURCHASE WITH CDW- GFOR A CYBER SECURITY RELATED
SOFTWARE SUBSCRIPTION
mandated by the Department of Homeland Security ( DHS) and the Department of Justice ( DOJ) but also required for the City to pursue State and Federal Grants in the future. Additionally, adherence to NIST guidelines enables the City to maintain its' cyber security insurance, thereby potentially reducing the overall cyber security insurance expenses incurred by the City. By investing in this initiative, the City demonstrates its commitment to proactive cyber security measures, ensuring resilience against emerging threats.
Staff requested quotes from twelve vendors and received the following responses in table 1 below.
Table 1
Vendor Total Amt
est. taxes & shipping)
CDW- G 96, 836. 70
Insight 121, 469. 80
ANS 152, 62. 84
Tonight, Staff is requesting City Council adopt
signature approval of the purchase order with
a
CDW- G
resolution
in the
to ratify
amount
the
of $
City
96, 836. 70.
Manager' s
REASON FOR RECOMMENDATION:
To ensure compliance with the requirements of the Department of Homeland Security DHS) and the Department of Justice ( DOJ), enhance the City' s cyber security posture, maintain cyber security insurance coverage, and potentially reduce insurance premiums.
FISCAL IMPACT:
There are sufficient funds in the budget for GL 1010-7- 20- 435- 10- 0as approved by the City Council on March 11th, 2024.
ATTACHMENTS:
A. Resolution Ratifying the Purchase with CDW- G for a Cyber Security Related Software Subscription
B. Redacted PO # 2024- 712 with CDW- Gfor the Cyber Security Related Software Subscription
CITY MANAGER' SREPORT PAGE 3
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
RATIFY THE PURCHASE WITH CDW- GFOR A CYBER SECURITY RELATED
SOFTWARE SUBSCRIPTION
APPROVALS:
ernandes
Information Systems Director
Cari
Finance D rector
Date
3/ 199/ ozpoif
Date
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
3•2g•ov1
3•Z6• tz)z-Y
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY
THE PURCHASE WITH CDW- G FOR A CYBER SECURITY RELATED SOFTWARE
SUBSCRIPTION
WHEREAS, on March 11, 2024, City Council approved an increased budget for the Information Systems Department ( ISD) for software subscriptions related to cyber security; and
WHEREAS, this budget augmentation may be used for expenses associated with acquiring cyber security software subscriptions, including those essential for aligning with the rigorous standards outlined by the National Institute of Standards and Technology ( NIST); and
WHEREAS, it is imperative to note that the details of the proposed cyber security software subscription cannot be publicly disclosed due to significant security risks associated with such sensitive information; and
WHEREAS, the City Manager approved this purchase in March 2024 to expedite the implementation of the software by ISD, aligning with the urgency of achieving compliance with the rigorous standards set forth by the Department of Homeland Security ( DHS).
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the City Manager' s approval of the purchase order with CDW- G in the amount of $ 96, 836. 70for a cyber security software subscription.
The foregoing resolution was passed and adopted this 8th day of April 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney DocuSign Envelope ID: 6C9D2D6F- 1AC5- 4703- 9B0D- CEBD747EE259 Attachment B The parties to this agreement
are:
Vendor No. 1568
COW Govemment, Inc
75 Remittance Or, Suite 1515
Chicago, IL 60675- 1515
W 390 Towne Centre Dr
Lathrop, CA 95330
0 W 390 Towne Centre Dr
2 Lathrop, CA 95330
ci
Purchase Order
No. 2024- 00000712
Date 3/ 25/024
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, SHIPPERS, BILL
OF LADING AND CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE
ORIGINATOR
1 of 3
Emily Malay
1 " II ! i ' i 1 . 1: ilT 1 j I„ ".I 1'. I
2. 00
2. 00
1. 00
1. 00
1. 00
1. 00
EACH
EACH
EACH
EACH
EACH
EACH
20, 867. 0100
4, 731. 3500
3, 057. 5300
42, 031. 5900
492.400
58. 4200
The contractor agrees to fumish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference (Outline exact detail what is to be done, where is to be done and include work specifications, if applicable.)
Doc. ab. wby:
rte_Fut,. 0jws 3/ 26/024
CITY OF LATHROP
RECOMMENDED FOR APPROVAL
CITY Of LATHROP
APPROVED BY
Special Instructions
DATE
LOMA Stt4AUI" x7erun un, vcw
41, 734. 02
9, 462. 70
3, 057. 53
42, 031. 59
492.4
58. 42
96, 836. 70
3/ 26/024
VENDOR ( Signature)
DATE APPROVED BY DATE
Tim Sharkey 3/ 26/024
VENDOR ( Pant Name)
APPROVED BY DATE
DocuSign Envelope ID: 6C9D2D6F- 1AC5- 4703- 9BOD- CEBD747EE259
STANDARD PURCHASE ORDER
TERMS AND CONDITIONS
1. ACCEPTANCE. Acceptance of this Purchase Order. whether by written acknowledgement or by performance by Seller, shall be upon the terms atd conditions hereof; no other terms or conditions shall be binding on Buyer unless written approval thereof specifically referring to such other terms and conditions shall have been given to Seller.
INVOICES_ Separate invoice shall be supplied for each Purchase Order shipment. Each invoice shall be itemized and shall show Contract Number, terms, discounts, date of shipment or service dates. and Purchase Order Number. Faihre to show said items may result in delay of paymect with all rights reserved. including cash eh: cou ts. The Vendor name on this Purchase Orderresutted from a quotation signed in the same name. Payment will not be made to a firm name other than thatshown on the face hereof without written assignment
3. PAYMENT TERMS. Seller shall receive payment either by One - Time payment ( Lump Sum), Monthly or Quarterly ITEMIZED LNVOICE. All payments are in anears.
4. ORDER CHANGES. The Buyer shall haw the right from time to time by written notices to make changes in quantities andror delivery dates of any article, material or services covered by this Purchase Order prior to the time the item re items are actually placed into final production by the Seller. Ifsuch changes are made after the article. material, or services are placed into furl production by the Seller and such changes cause a substantial increase or decrease in Sellers performance will be made and this order will be modified in writing accordingly, provided that any claim for adjustment mist be asserted by the Seller within a reasonabk time ( in no case to exceed twenty days) after the change is ordered
S. SH/ PPING. Seller will indicate plainly the Purchase Order Number on all bills oflading, all pods shipped pursuant to said order. and on all invoices, freight bills, and packages. Each package must contain a memorandum showing Seller' sname. contents of package. and Purchase Order Number.
Shipments of goods specified on this Purchase Order number should result in lowest possable freight rate unless otherwise specified by Buyer. Pantiles or increased charges due to failure to observe this provision will be charged to Seller.
Shipping cost for goods on back order shall be paid only at the rate which would have been applicable had the complete order been shipped at one time. All excess costs shall be borne by Seller. Partial shipments must be identified as such on shipping memoranda and invoices.
When shipping, Seller will make no declaration ofvalue to carried; except where shipment is subject to released value ratings.
Any materials supplied to City which are covered by the OSHA Hared Communication Standard must be accompanied by the applicable Material Safety Data Sheet ( MSDS) at the time ofdelivery.
6. DELIVERY. Unless otherwise expressly provided, Seller shall deliver all articles to Buyer' s premises, free of all freight handling. transportation, drayage; boxing and similar charges. All times in this contract are ofthe essence
7. TERMINATION. Buyer may terminate all or part of this contract, with or without cause. If buyer temunates without cause, then Buyer shall pay all reasonable termination charges incurred by Seller.
S. DECLINE IN PRICES. Buyer shall be protected in the event of declining prices on the undelivered portion of this Purchase Order. If pica decline got items ordered, Seller may elect to mat priced reductions or other vendors. or is own lower prices to other purchasers, but ifSella should refuse to do so. Buyer shall have the right to cancel any or all of the balance due on this Purchase Order without cost to Buyer.
9. FORCE MAJEURE. Neither Seller nor Buyer shall be liable for nonperformance due to causes beyond reasonable control. Where only a part of Seller' s
capacity to pedant is excused under this paragraph, Seller must allocated production and deliveries among the various customers then nudes contract for similar goods during the period. The allocation must be made in a fair and equitable manner. Where either Seller or Buyer chains an excuse for nonperformance coder this paragraph, it moat give notice in writing to the other party. Seller shall not be obligated to sell, nor Buyer obligated to purchase. at a later date, that portion of the goods that Seller is unable to deliver or Buyer is unable to receive or use due to any accused cause. No goods are to be tendered by Seller after the expiration of the terms specified in this Purchase Order without consent ofBuyer.
10. WARRANTY. Seller warrants that all articles and services covered by this Purchase Older will conform to drawings. specifications. or samples and will be merchantable and of goal material, design and workmanship, flee from all defects. and suitable for the use intended.
All articles will be subject to Buyer' sinspection and rejection at the place ofdelivery. Defective articles may be tettrned to the Sella for full credit or replacement at the Sellers risk and expense, including transportation charges both ways. but no defective articles shall be replaced without formal replacement order signed by the Buyer.
11. ASSIGNMENT. Neither party shall assign or transfer this Rrchase Order without the written consent of the other.
12. LNDEMNITi'. SELLER WARRANTS THAT GOODS F[. RNLSHED UNDER TIES PURCHASE ORDER DO NOT INFRINGE ANY PATENT. TRADEMARK, OR TRADE NAME, OR COPYRIGHT AND AGREES TO INDEMNIFY AND SAVE HARMLESS BUYER OR ITS VENDEES FROM An AND ALL CLAIMS, SUITS, LLABILITIES, DAMAGES, LOSSES, OR EXPENSES INCURRED BY BUYER OR ITS VENDEES BY REASON OF ANY ALLEGED INFRINGEMENT OF ANY SUCH RIGHTS.
DocuSign Envelope ID: 6C9D2D6F- 1AC5- 4703- 9BOD- CEBD747EE259 PAGE 3 OF 3
SELLER SHALL INDEkiNIFF AND HOLD HARMLESS BUYER AND ITS AGEN' T' S AND EMPLOYEES FROM AN AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDLNG ATTORNEY' SFEES, ARISING OL7 OF OR
RESULTING FROM THE PERFORMANCE OF THE WORK CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF SELLER. ANY SUBCONTRACTOR, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE. IN CASE OF CONCURRING FAULT, EACH PARTY SHALL BEAR ITS SHARE OF THE LOSS. 13_ BUYER' SPROPERTY. Any property of Buyer in Sellers active or constructive possesLion or custody hereunder will be at Sellers risk. and Seller agrees to reimburse Buyer for any loss or damage to such property however caused.
14. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. By acceptance hereof. SellerWarrants:
a) that all goods, merchandise, and materials delivered and services rendered hereunder will have been produced and provided in compliance with all requirements of the Fair Labor Standards Act of 1938, as amended, and b) that all goods, materials, and equipment delivered hereunder shall comply with the applicable federal standards prescribed by the Occupational Safety and Health Act of 1970. or as amended. that Seller will comply with all applicable laws, miles and regulations of federal, state and local governments and agencies, thereof including but not limited to Executive Orders 11246, 11701. and section 503 ofPublic Law 93- 112. The Rehabilitation Act of 1973. the provisions of The Americans and Disabilities Act. Transient Employes Law ( 285.30 R S. Mo et seq.) and Excessive U: nemptoyment Law (Section 290. 550 et seq R. S. Mo.) which are hereby incorporated by reference, unless this Purchase Order is exempt pursuant to said Executive Orders, or Acts and the regulations issued thereunder.
15. WORKER' S COMPENSATION, EMPLOYER' SLIABILITY, AND GENERAL LIABILITY. When work is perfonaed on Buyer' s premises_ Seller agrees to carry at Seller' sown expense. a) Waaker' sCompensation and Employer' s Liability Insurance. b) General liability ( including Contractual Liability and Products Liability Completed Operations) fsurance and Auto Liability insurance each in amounts no less than $ 1, 000.00 per occurrence. Insurance certificates of such coverage shall be submitted to City Utilities' Risk Management upon request of Buyer.
16. LNSOLVENCY. IfSeller shall become insolvent, file a petition in bankruptcy, or shall make an assignment forthe benefit of creditors. or if a receiver or trustee shall be appointed of or for any of Seller' s property or business,
option without liability.
tie Purchase Order may be cancelled at Buyer' s
17. TAXES. Sena agrees to cooperate with Buyer in opposing the imposition of any tax on any article covered by this Purchase Order. the legality of which is questioned by Buyer, and in securing any abatement or any refund thereof sought by Buyer.
18. FOREIGN SHIPMENTS. Foreign shipments mast be preceded by execution of formal Consular Invoice. At time of shipment, Ocean Bills ofLading, Consular Invoice, and Commercial Invoices, in triplicate, shall be forwarded directly to the Purchasing Agent issuing this Purchase Order.
c)
19. VENUE. This Purchase Order shall be governed by the law of the State ofCalifornia_
20. BRANDING_ Seller warrants that all materials covered by this Purchase Order are no altered or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act; not an article with may not , under provisions of Section 401 or 505 of said act, be introduced into interstate come, and not adulterated or misbranded within the meaning of the pure food and drug laws or the ordinances of any state or city which are applicable to such shipment or delivery, and Seller hereby ages to indemnify and save the Buyer harmless from and against all claims, charges, action and proceedings brought against Buyer by any lawful government authority or byany person on account of any alleged adulteration or misbranding by Seller of any such material referred to above. Seller does no guarantee against any such material becoming adulterated or misbranded after delivery toBuyer by reason of causes beyond Seller' scontrol.
21. CONFLICTING TERMS. In case of a conflict between these terms and conditions and those of a separate written contract signed by both
Buyer and Seiler, the written contract shall prevail.
22_ REVIEW OF RECORDS. During the term of the purchase order.' agzrement and for three years thereafter, City of Lathrop ( City) shall have the right to review Seller' srecords, only for the purposes of vexifjing claims for payment and compliance with the terms and conditions of the purchase order+ agreement for at least three years after foal payment.
23. OFFSETTING BILLS. City reserves the right to apply offsetting paynients for goods and/ or services that are due against delinquent utility bills which are due City.
24_ NON- EXCLUSIVE AGREEMENT. The purchase order is a non- exclusive contract and City reserves the right to purchase same or hike materials and/ or services from other sources as City deems necessary and appropriate.
DocuSign Envelope ID: 6C9D2D6F- 1AC5- 4703- 9B0D- CE8D747EE259 Thank you for choosing CDW. We have received your quote.
CDINa Hardware Software Services IT Solutions Brands Research Hub
QUOTE CONFIRMATION
TONY FERNANDES,
Thank you for considering CDW• G for your technology needs. The details of your quote are below. If you are an eProcurement or simile sign on customer, please Ioa into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing.
For all other customers, click below to convert your quote to an order.
Convert Quote to Order
ACCOUNT MANAGER NOTES: Thank You.
QUOTE * QUOTE DATE QUOTE REFERENCE CUSTOMER * GRAND TOTAL 3/ 14/ 2024 1652748 96, 836. 70y_
QUOTE DETAILS
ITEM
Mfg. Part
UNSPSC:
Electronic distribution - NO MEDIA
Contract: MARKET
Mfg.
UNSPSC: Part
Electronic distribution - NO MEDIA
Contract: MARKET
Mfg.
UNSPSC: Part
Electronic distribution - NO MEDIA
Contract: MARKET
Mfg. Part*
Electronic distribution - NO MEDIA
Contract: MARKET
Mfg. Parte:
Electronic distribution - NO MEDIA
Contract: MARKET
QTY
2 2
1 1
1 CDW* UNIT PRICE
20, 867. 01
EXT. PRICE
41, 734. 02
4, 731. 35 $ 9, 462. 70
3, 057. 53 $ 3, 057. 53
42, 031. 59 $ 42, 031. 59
492.4 $ 492.4
DocuSign Envelope ID: 6C9D2D6F- 1AC5- 4703- 9803- CEBD747EE259 QUOTE DETAILS ( CONT.)
1 $ 58. 42
Mfg. Part*:
Electronic distribution - NO MEDIA
Contract: MARKET
58. 42
punctual* BILLING INFO
Billing Address:
C11Y OF LATHROP
ACCTS PAYABLE
390 TOWNE CENTRE DR
LATHROP, CA 95330-58
Phone: ( 209) 941- 7200
Payment
Terms: NET 30 -VERBAL
Sales Contact Info
SUBTOTAL
SNIPPING
SALES TAX
GRAND TOTAL
DELIVER TO
Shipping Address:
CITY OF LATHROP
TONY FERNANDES
390 TOWNE CENTRE DR
LATHROP, CA 95330-58
Phone: (209) 941- 7200
Shipping Method: ELECTRONIC DISTRIBUTION
Please remit payments to:
CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675- 1515
Tim Sharkey I ( 877) 881- 6919 I
timshar a7c wq. com
96, 836. 70
0.0 0.0
96, 836. 70
Need Help?
II My Account Support
Ab9ut Us I privacy Policy 1 Terms and Conditions
This order Is subject to CDW' s Terms and Conditions of Sales and Service Projects at http: //www. cdwa.om/ cantent/ terms- conditions/ product- sales. aso, For more Information, contact a CDW account manager.
2024 CDWG LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 1 800.08. 4239 Cali 800. 4239