RESOLUTION NO. 25-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN EXEMPTION TO THE FORMAL SOLICITATION PROCESS, AWARDING A PIGGYBACK CONTRACT TO DELL MARKETING, L.P. AND AN ENTERPRISE LICENSE AGREEMENT TO MICROSOFT, INC. FOR MICROSOFT PRODUCTS AND SERVICES, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO THE AGREEMENTS IN THE AMOUNT OF $187,847 PER YEAR OVER A THREE-YEAR TERM WHEREAS, the City has a policy of maintaining valid licenses for all computer software employed in the course of conducting City business; and WHEREAS, as part of its information technology practices, the City maintains ongoing agreements for software licensing, maintenance, and technical support for software systems that are critical to City operations; and WHEREAS, the City utilizes Microsoft software as the platform for many technological functions throughout the organization and the most efficient and cost-effective method of maintaining the necessary software licenses is through a Microsoft Enterprise License Agreement; and WHEREAS, Section XI.A.1.4 of City Policy 201-2-1 allows an exemption to the formal solicitation process when using a competitively awarded agreement of another government agency to obtain the same supplies, equipment or services at the same or lower prices (commonly referred to as piggybacking) that utilized competitive bidding procedures that accomplish the purpose and intent of competitive bidding requirements under City Policy; and WHEREAS, the Riverside Agreement No. ITARC-00934 with Dell Marketing, L. P. dated November 1, 2024 originated from a request for proposals conducted by the County of Riverside enables the City to purchase Microsoft Products and Services directly from the reseller at competitively established pricing; and WHEREAS, the pricing is fair and reasonable and it is in the City’s best interest to leverage Riverside Agreement No. ITARC-00934.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and incorporated fully herein.
SECTION 2. That the procurement of the Microsoft Enterprise License Agreement from Dell Marketing, L.P. and Microsoft, Inc. is hereby declared exempt from the City’s formal solicitation process under Section XI.A.1.4 of City Policy 201-2-1.
SECTION 3. That an agreement is hereby awarded to Dell Marketing, L.P. for the Microsoft Enterprise License Agreement for a period of three years commencing January 31, 2025.
SECTION 4. That the City Manager is authorized and directed to execute an agreement with Dell Marketing, L.P. under terms and conditions substantially similar to Riverside Agreement No. ITARC-00934 for the Microsoft Enterprise License Agreement presented to City Council on January 14, 2025 in an amount not to exceed $187,847 per-year over a three-year term.
SECTION 5. That the City Manager is authorized and directed to execute the Enterprise License Agreement with Microsoft, Inc. in a form substantially similar to that presented to City Council on January 14, 2025.
SECTION 6. That City staff is authorized and directed to execute such other documents and take such other actions as are necessary and proper to accomplish the purposes of this resolution.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of January, 2025.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-11 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of January 2025, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. _______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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Resolution No. 25-11 Page 3
Attachment 1