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ORIGN L <br />PURCHASE AGREEMENT <br />FOR GOODS, COMMODITIES, AND SERVICES <br />This Purchase Agreement for goods, commodities and services ("Purchase Agreement") <br />is made and entered into on this day of ,T. /, 2017 (the "Effective Date") by <br />and between ConvergeOne, Inc., a Minnesota corporation ("Vendor"), and the City of Redwood <br />City, a California municipal corporation ("City"). City and Vendor are sometimes referred to <br />hereinafter individually as "Party" and collectively as "Parties." <br />RECITALS <br />WHEREAS, on May 12, 2017 City published a Notice Inviting Sealed Bids for PC <br />Refresh Project Phase I, including 104 Dell OptiPlex 5040 SFF desktops, 10 Dell Latitude 5480 <br />laptops, Image Assist prep and project management in the Daily News; and <br />WHEREAS, the City Clerk opened the received bids at 4:OOPM PST on May 17, 2017; <br />and— ----- -- --- - --- - -- - - — <br />WHEREAS, Vendor submitted the lowest responsive and responsible bid received by <br />City; and <br />WHEREAS, the City Council of the Redwood City approved City's purchase of 104 <br />Dell OptiPlex 5040 SFF desktops, 10 Dell Latitude 5480 laptops, with miscellaneous <br />implementation costs, including Image Assist prep and project management from Vendor on <br />; and <br />WHEREAS, City now desires to purchase the agreed upon goods and services from <br />Vendor pursuant to the terms and conditions of this Purchase Agreement. <br />NOW THEREFORE, in consideration of the faithful performance of the terms and <br />conditions set forth in this Purchase Agreement, the Parties hereto agree as follows: <br />1. PURCHASE OF GOODS & SERVICES. The City agrees to purchase, and Vendor <br />agrees to sell, the goods ("Goods") and to provide the services related to the installation or <br />delivery of such goods ("Services") set forth in (i) the City's Notice Inviting Sealed Bids <br />("City's Bid Documents") and (ii) Vendor's Bid in response thereto ("Vendor's Bid"). The <br />City's Bid Documents and the Vendor's Bid shall be referred to collectively as the "Bid <br />Documents." The Goods shall be in compliance with all of the standards and specifications set <br />forth in the Bid Documents, and the Services shall be provided in a manner consistent with that <br />level of care and skill ordinarily exercised by members in the same profession, practicing in the <br />same locality under similar conditions. In the event of any conflict, the order of precedent shall <br />be as follows: (i) City's Bid Documents; (ii) specifications set forth in this Purchase Agreement; <br />and (iii) Vendor's Bid. There shall be no substitution of Goods or Services, without the prior <br />written authorization of the City. <br />REV: 06-19-17 JS <br />Page 1 of 8 <br />ATTY/AGR.2017.139/ConvergeOne <br />