Procurement Division
CALIFORNIA DEPARTMENT OF
DGS 707 Third Street, 2nd Floor, MS #2-202
GENERAL SERVICES
West Sacramento, CA 95605-2811
State of California
SOFTWARE LICENSING PROGRAM (SLP) AGREEMENT
softwarelicensingprogram
Contractor: AHEAD, Inc. which will do business in California as Kovarus, Inc.
Contract Number: SLP-22-70-0151Z
SLP Contract Term: 09/29/2022 through 08/31/2025
Contract Base: Dell Marketing L.P. Offer Number Dell-SLP-22 This contract is available for use by State of California departments and any city, county, special district, educational agency, local government body or corporation empowered to expend public funds. While the state makes this contract available, each local agency should make its own determination whether the SLP is consistent with their procurement policies and regulations.
The SLP Contractor is required to provide all SLP contract terms and conditions with the list of products, services and prices.
Terms and conditions listed below are hereby incorporated by reference and made a part of this SLP Agreement as if attached herein and shall apply to the purchase of goods or services made under this Participating Agreement. Contractor non-compliance with the requirements of this contract may result in contract termination.
By signing below, Contractor agrees to the General Provisions dated June 21, 2022, and all other provisions included herein.
1) General Provisions - Information Technology (GSPD-401IT) effective 6/21/22 2) Cloud Computing Special Provisions for Infrastructure as a Service (laas) & Platform as a Service (Paas) effective 05/11/16
For State of CA: For Contractor:
Original Signature on File Original Signature on File
Stephanne Lim Signature
Manager
Multiple Award Programs Section
Procurement Division Printed Title
Department of General Services
Printed Name
Date
Company Name
Date
PROVED AS TO FORM
Cornure
Cily Attorney. City ot mered
Procurement Division | State of California | California Government Operations Agency 707 3rd Street, 2ndFloor | West Sacramento, CA 95605 | t 916.375-4400
SOFTWARE LICENSING PROGRAM (SLP)
KOVARUS, INC.
SLP-22-70-0151Z
CONTRACTOR PROVIDES COPY OF SLP Quarterly Business Activity Reports THE CONTRACT AND SUPPLEMENTS are due in the SLP Unit within two weeks after the end of each quarter as shown
The SLP Contractors are required to below:
provide the entire contract that consists of
the following: Quarter 1 Jan 1 to Mar 31 Due Apr 15
Quarter 2 Apr 1 to Jun 30 Due Jul 15
• SLP Cover sheet with signatures from Quarter 3 Jul 1 to Sep 30 Due Oct 15 the DGS Procurement Division Deputy Quarter 4 Oct 1 to Dec 31 Due Jan 15 Director or designee and Contractor.
• Ordering instructions. Each contractor is required to remit to the • Std. 204 Payee Data Record. DGS-PD an incentive fee equal to 1.25% • SLP Contract terms and conditions of the total of all local government agency (General provisions). orders (excluding sales tax and freight) • Software License Agreement pricing. placed against their SLP contracts) for the • Supplements, if applicable applicable quarter.
CONTRACTOR QUARTERLY REPORTS The check covering this fee shall be made payable to the Department of General
Contractors are required to submit a Services, Software Licensing Program, and detailed report quarterly to the DGS be attached to the supporting SLP Procurement Division, Software Quarterly Report.
Licensing Program. A separate report is
required for each contract, as differentiated Mail report and check to:
by alpha suffix (if applicable). Contractors
Department of General Services
with resellers are responsible for reporting
reseller ordering activity. Any report that Procurement Division, SLP Unit Quarterly Report Processing
does not follow the required format or that
excludes information will be deemed PO Box 989052, MS 2-202 Attn: Software Licensing Program
incomplete and returned to the contractor.
West Sacramento, CA 95798-9052
All SLP contractors, including certified
SLP Quarterly Reports which include a
Small Businesses and Disabled Veteran
check made payable to the DGS-SLP Unit
Business Enterprises, will be required to
pay DGS-PD a 1.25% incentive fee for all must be mailed via hard-copy, and cannot orders placed by local government be accepted via facsimile or e-mail. agencies via a SLP contract. This policy New contracts for contractors with however, does not affect orders placed by existing contracts, and extensions or State government offices. State agencies renewals of existing contracts, will be will continue to be billed the applicable approved ONLY if the contractor has administrative use fee by the DGS-PD. submitted to the SLP Unit all quarterly The SLP Quarterly Business Activity reports, due. Each quarterly report is required within two weeks of the end of
Report form separates sales to State and
local government agencies. March, June, September, and December of each calendar year. A report is
required even when there is no activity.
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The report must include the agency name, EXECUTIVE ORDER N-6-22 - RUSSIA purchase order number, purchase order SANCTIONS
date, state agency billing code, pre-tax
total order cost, agency contact name, On March 4, 2022, Governor Gavin address and phone number, and total Newsom issued Executive Order N-6-22 dollars for the quarter. Tax must NOT be (the EO) regarding Economic Sanctions included in the quarterly report, even if the against Russia and Russian entities and agency includes tax on the purchase order. individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government
A sample quarterly report indicating in response to Russia's actions in Ukraine, required format and information is attached as well as any sanctions imposed under for your reference (Attachment A). state law. The EO directs state agencies to terminate contracts with, and to refrain
CONTRACTOR INVOICES from entering any new contracts with, individuals or entities that are determined
Unless otherwise stipulated, the contractor to be a target of Economic Sanctions. must send their invoices to the department Accordingly, should the State determine address set forth in the purchase order. Contractor is a target of Economic Invoices shall be submitted in triplicate and Sanctions or is conducting prohibited shall include the following: transactions with sanctioned individuals or entities, that shall be grounds for
• Contract number
termination of this agreement. The State
• Agency purchase order number shall provide Contractor advance written • State Agency Bill Code notice of such termination, allowing • Line item number Contractor at least thirty (30) calendar days • Unit price to provide a written response. Termination • Extended line item price shall be at the sole discretion of the State. • Invoice total
State sales tax and/or use tax shall be AGENCY NON-COMPLIANCE itemized separately and added to each
invoice as applicable. The company name Agency non-compliance with the on the SLP contract, purchase order and requirements of this contract may result in invoice must match or the State the loss of delegated purchasing authority Controller's Office will not approve
payment.
PLEASE REQUEST A COPY OF ALL
CONTRACTOR OWNERSHIP CONTRACT TERMS AND CONDITIONS
INFORMATION FROM THE CONTRACTOR, IF NOT
PROVIDED INITIALLY.
Kovarus, Inc. is a large business
enterprise. AVAILABLE PRODUCTS AND/OR
SERVICES
This contract provides for the purchase
and warranty of software, software
maintenance, technical support,
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infrastructure as a service, and platform as ACQUISITION OF IAAS AND/OR PAAS a service.
If using this SLP for the purpose of
Only products from the manufacturer listed acquiring Infrastructure as a Service (laaS) below are available within the scope of this and/or Platform as a Service (PaaS), State contract: agencies must first obtain approval to use
this SLP by the California Department of
• Dell Marketing L.P. Technology (CDT) in accordance with IL UNAVAILABLE PRODUCTS AND/OR 17-06 (www.cdt.ca.gov/wp-
content/uploads/2017/08/TL-17-06.pdf).
SERVICES
State agencies must document CDT's
The following products and/or services are approval and maintain in the procurement not available under this contract: file. Contact CDT for all questions related to the acquisition of laaS and PaaS and TL
• STANDALONE HARDWARE 17-06.
• CONSULTING
SOFTWARE MAINTENANCE
• STANDALONE TRAINING
RENEWALS
• STANDALONE INSTALLATION
SERVICES Maintenance renewals for software product
• IMPLEMENTATION purchases shall be fixed at the Agency's prior applicable rates, with a 0% uplift (no
Notice to State Agencies: Software up-lift) and no additional increases, fees or appliances/hardware products offered charges added.
under the Software Publisher's pricelist are
NOT available under the Software SERVICE CREDITS
Licensing Program (SLP) if the same type
of software appliance/hardware products Service credits are acceptable only if they are currently available under any meet the following requirements:
mandatory Statewide Contract. State
agencies who want to purchase a software • Service credits must be used for appliance/hardware product type, other training, certifications, or support than what is available through a and must never expire even when mandatory Statewide Contract must submit this contract term ends. an exemption request to the mandatory
Statewide Contract Administrator. For • Unused service credits can be used more information and the required for other services such as training, justification forms regarding the exemption certification, or support. Example: If process, please refer to the following $1,000 is purchased in training website: credits but is not fully utilized, the
https://www.dgs.ca.gov/PD/Services/Page- department may use the remainder Content/Procurement-Division-Services- of unused credits for certifications or List-Folder/Request-an-IT-Hardware-
Contract-Exemption. This restriction does
not apply to local governmental agencies.
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ISSUE PURCHASE ORDER TO It is the responsibility of each agency to consult as applicable with their legal staff
Agency purchase orders must be mailed to and contracting offices for advice the following address, or e-mailed: depending upon the scope or complexity of the purchase order.
AHEAD, Inc dba Kovarus, Inc.
401 N Michigan Ave, Suite 3400 If you do not have legal services available Chicago, IL 60611 to you within your agency, the DGS Office Attn: Jeremy Brown of Legal Services is available to provide services on a contractual basis.
Agencies with questions regarding
products and/or services may contact the ORDER REQUIREMENTS AND contractor as follows: MAXIMUM ORDER LIMIT
Phone: 925-683-5339 • Unless otherwise determined by an E-mail: individual ordering agency purchasing
[email protected] authority, no SLP order may be executed by a State agency that
SHIPPING INSTRUCTIONS exceeds that agency's purchasing
authority threshold. State agencies with
F.O.B. (Free On Board) Destination
approved purchasing authority, along
DELIVERY with their dollar thresholds can be
obtained at the List of State
30 days after receipt of order, or as Departments with Approved Purchasing negotiated between agency and Contractor Authority.
and included in the purchase order. • Agencies must adhere to the detailed requirements in the State Contracting
AGENCY RESPONSIBILITY Manual (SCM) when using SLP
contracts. The requirements for the
Agencies must contact contractors to following bullets are in the SCM, Volume obtain copies of the contracts and compare 2, (for IT): If soliciting offers from a them for a best value purchasing decision. certified DVBE, include the Disabled Veteran Business Enterprise
Each agency is responsible for its own Declarations form (Std. 843) in the contracting program and purchasing Request for Offer. This declaration decisions, including use of the SLP must be completed and returned by the program and associated outcomes. DVBE prime contractor and/or any DVBE subcontractors. (See the SCM
This responsibility includes, but is not Volume 2, Chapter 1200) necessarily limited to, ensuring the • This is not a bid transaction, so the necessity of the services, securing small business preference, DVBE appropriate funding, complying with laws participation goals, protest language, and policies, preparing the purchase order intents to award, evaluation criteria, in a manner that safeguards the State's advertising, etc., are not applicable. interests, obtaining required approvals, and • If less than 3 offers are received, State documenting compliance with Government agencies must document their file with Code 19130.b (3) for outsourcing services.
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the reasons why the other suppliers Electronic copies of the State Standard solicited did not respond with an offer. Forms can be found at the Office of • Assess the offers received using best State Publishing web site:
value methodology, with cost as one of http://www.dgs.ca.gov/osp(select the criteria. Standard Forms). The site provides
• Issue a Purchase Order to the selected information on the various forms and contractor. use with the Adobe Acrobat Reader.
• For SLP transactions under $10,000, Beyond the Reader capabilities, Adobe only one offer is required if the State Acrobat advanced features may be agency can establish and document that utilized if you have Adobe Business the price is fair and reasonable. The fair Tools or Adobe Acrobat 4.0 installed on and reasonable method can only be your computer. Direct link to the used for non-customizable purchases. Standard Form 65:
(http://www.osp.dgs.ca.gov/pdf/std065.p
Local governments set their own order df)
limits, and are not bound by the order limits
on the cover page of this contract. 2. Purchase Orders
SPLITTING ORDERS All Ordering Agency purchase order
documents executed under this SLP
Splitting orders to avoid any monetary must contain the applicable SLP limitations is prohibited contract number as show on page 1.
Do not circumvent normal procurement 1. State Departments:
methods by splitting purchases into a
series of delegated purchase orders (SAM Std. 65 Purchase Documents - 3572). State departments not transacting
in FISCal must use the Purchasing
Splitting a project into small projects to Authority Purchase Order (Std. 65) avoid either fiscal or procedural controls is for purchase execution. An prohibited (SAM 4819.34). electronic version of the Std. 65 is available at the DGS-PD website
MINIMUM ORDER LIMITATION at http://www.dgs.ca.gov/
pd/Forms.aspx (select Standard
There is no minimum dollar value limitation STD Forms). on orders placed under this contract.
FI$Cal Purchase Documents -
ORDERING PROCEDURES State departments transacting in
FI$Cal will follow the FI$Cal
1. Order Form procurement and contracting
procedures.
State departments shall use a
Contract/Delegation Purchase Order 2. Local Governmental Departments:
(Std. 65) for purchases and services.
Local governmental agencies may
Local governments shall, in lieu of the use their own purchase document State's Purchase Order (Std. 65), use for purchase execution. their own purchase order document.
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The agency is required to complete and Said documents are to be sent to the distribute the order form. For services, Department of General Services (DGS) the agency shall modify the information Procurement Division, Soffware Licensing contained on the order to include the Program, 707 Third Street, 2nd Floor, West service period (start and end date), and Sacramento, CA 95605-2811, Attention the monthly cost (or other intermittent SLP Unit.
cost), and any other information
pertinent to the services being provided. CONTRACT EXTENSIONS The cost for each line item should be
included in the order, not just system The initial term of this SLP contract is 3 totals. years and may be extended for an
additional 2-years, however an amendment
The contractor must immediately reject must be issued prior to contract end date. orders that are not accurate. NOTE: Extensions are optional and are Discrepancies are to be negotiated and at the discretion of the state. incorporated into the order prior to the
products and services being delivered. SMALL BUSINESS MUST BE
CONSIDERED
3. Service and Delivery after Contract
Expiration Prior to placing orders under the SLP, state departments shall, whenever practicable,
Purchase orders must be issued before first consider offers from small businesses the SLP contract end term expires. that have established SLP contracts [GC Section 14846(b)]. NOTE: The
Also, purchase order amendments Department of General Services auditors cannot be issued to add product and will request substantiation of compliance software maintenance if the SLP with this requirement when department contract end term has expired. files are reviewed.
SMALL BUSINESS/DVBE - TRACKING
state departments are able to claim
subcontracting dollars towards their small
CONTRACT PRICES business or DVBE goals whenever the
Contractor subcontracts a commercially
Contract prices for products and/or useful function to a certified small business services are maximums. The ordering or DVBE. The Contractor will provide the department is encouraged to negotiate ordering department with the name of the lower prices. small business or DVBE used and the
dollar amount the ordering department can
PRODUCT AND PRICING CHANGES
apply towards its small business or DVBE
AND/OR UPDATES ARE NOT
goal.
AUTHORIZED UNTIL REVIEWED AND
APPROVED BY DGS PROCUREMENT SMALL BUSINESS/DVBE -
DIVISION SOFTWARE LICENSING SUBCONTRACTING
PROGRAM.
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1. The amount an ordering department by the prime Contractor as outlined can claim towards achieving its small above.
business or DVBE goals is the dollar
amount of the subcontract award made CERTIFICATION OF PAYMENT by the Contractor to each small OPTIONS - Military & Vets Code $$999.5 business or DVBE. and 999.7(a) (SB588)
2. The Contractor will provide an ordering
department with the following In accordance with the State Contracting information at the time the order is Manual, Volume 2, Section 1203.1, State quoted: departments shall require the Contractor to
submit a complete an accurate Prime
a. The Contractor will state that, as the Contractor's Certification - DVBE prime Contractor, it shall be Subcontracting Report (STD. 817) upon responsible for the overall execution acceptance of ordered goods or services for of the fulfillment of the order. which the Contractor committed to DVBE subcontractor participation.
b. The Contractor will indicate to the Upon delivery or completion of ordered ordering department how the order goods or services, State departments shall meets the small business or DVBE do the following:
goal, as follows:
• Provide proper withhold notification to
• List the name of each company prime contractors.
that is certified by the Office of • Withhold $10,000 or the full amount of Small Business and DVBE the final invoice if less than $10,000 Certification that it intends to pending receipt of the complete and subcontract a commercially accurate STD 817.
useful function to; and • Review the STD 817. If it is
• Include the small business or determined to be complete and DVBE certification number of accurate, authorize payment of the each company listed, and attach withhold.
a copy of each certification; and • If the STD 817 is late or incomplete, • Indicate the dollar amount of department must send the prime each subcontract with a small contractor a cure notice allowing at business or DVBE that may be least 15 days, but not more than 30 claimed by the ordering days, to meet the Certification of department towards the small Payments to DVBE Subcontractors business or DVBE goal; and requirements.
• Indicate what commercially • If the prime contractor does not useful function the small comply by the identified deadline, business or DVBE subcontractor permanently deduct the withhold. will be providing towards Retain all records for a minimum of six years. fulfillment of the order.
PRODUCTIVE USE REQUIREMENTS
3. The ordering department's purchase
order must be addressed to the prime The customer in-use requirement applies Contractor, and the purchase order to all procurements of information must reference the information provided technology equipment and software, per BUILDING GREEN • BUYING GREEN WORKING GREEN 8
SOFTWARE LICENSING PROGRAM (SLP)
KOVARUS, INC.
SLP-22-70-0151Z
the SCM, Volume 2, Chapter 1000, Section Category 2 - All Information Technology 1007. Equipment and Non-Critical Software:
Information technology equipment is
Each equipment or software component defined in State Administrative Manual must be in current operation for a paying (SAM) § 4819.2. customer and the paying customer must be
external to the contractor's organization Final Bid
not owned by the contractor and not Cost Installation Submission owning the contractor. More than
$100,000 6 months 4 months
To substantiate compliance with the $10,000 up
Productive Use Requirements, the SLP to $100,000 4 months 3 months contractor must provide upon request the Less than
name and address of a customer $10,000 1 month 1 month
installation and the name and telephone
number of a contact person. STATE AND LOCAL GOVERNMENTS
CAN USE THE SLP
The elapsed time such equipment or
software must have been in operation is State and local government use of the SLP based upon the importance of the contracts is optional. A local government equipment or software for system is any city, county, special district or other operation and its cost. The following local governmental body or corporation, designates product categories and the including UC, K-12 schools and community required period of time for equipment or colleges,
software operation prior to approval of the
replacement item on SLP. that is empowered to expend public funds.
While the state makes this contract
Category 1 - Critical Software: Critical available, each local government agency software is software that is required to should make its own control the overall operation of a computer
system or peripheral equipment. Included determination whether the SLP is in this category are operating systems, consistent with their procurement policies data base management systems, language and regulations. interpreters, assemblers and compilers.
communications software, and other APPLICABLE CODES, POLICIES AND essential system software. GUIDELINES
Final Bid All California codes, policies and guidelines are applicable. THE USE OF THE SLP
Cost Installation Submission
DOES NOT REDUCE OR RELIEVE
More than
STATE DEPARTMENTS OF THEIR
$100,000 8 months 6 months
RESPONSIBILITY TO MEET STATEWIDE
$10,000 up to
4 months 3 months REQUIREMENTS REGARDING
$100,000
CONTRACTING OR THE
Less than
1 month 1 month PROCUREMENT OF GOODS OR
$10,000 SERVICES. Most procurement and
contract codes, policies, and guidelines are
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incorporated into The SLP contracts. government agencies must report to the Notwithstanding this, there is no guarantee Employment Development Department that "every" possible requirement that (EDD) all payments for services that pertains to all the different and unique state equal $600 or more to independent sole processes has been included. proprietor contractors. See the contractor's Std. Form 204, Payee Data
TERMINATION OF SLP CONTRACT Record, in the SLP contract to determine sole proprietorship. All
1. The State or Contractor may terminate inquiries regarding this subject should this SLP Contract at any time upon 30 be forwarded to EDD: Technical days prior notice. questions: 916/651-6945 or Information
2. Upon termination or other expiration of and forms: 916/657-0529. this Contract, each party will assist the • Annual small business and disabled other party in orderly termination of the veteran reports.
Contract and the transfer of all assets,
tangible and intangible, as may ETHNICITY/RACE/GENDER REPORTING facilitate the orderly, nondisrupted REQUIREMENT
business continuation of each party.
3. This provision shall not relieve the Effective July 1, 2002, in accordance with Contractor of the obligation to perform Public Contract Code 10116, state under any purchase order or other departments are to capture information on similar ordering document executed ethnicity, race, and gender of business prior to the termination becoming owners (not subcontractors) for all effective. awarded contracts, including CAL-Card
transactions. Each department is required
STATEWIDE PROCUREMENT to independently report this information to REQUIREMENTS the Governor and the Legislature on an
annual basis.
Departments must carefully review and
adhere to the following Procurement Departments are responsible for Requirements, such as: developing their own guidelines and forms for collecting and reporting this information,
• SAM Section 4819.41 and 4832
certifications for information technology Contractor participation is voluntary. procurements and compliance with
policies. PAYMENTS AND INVOICES
• Services may not be paid for in
advance. 1. Payment Terms
• Departments are required to file with the
Department of Fair Employment and Payment will be made in accordance Housing (DFEH) a Contract Award with the provisions of the California Report Std. 16 for each order over Prompt Payment Act, Government $5,000 within 10 days of award, Code Section 927 et. seq. Unless including supplements that exceed expressly exempted by statute, the $5,000. Act requires State agencies to pay
• Pursuant to Unemployment Insurance properly submitted, undisputed Code Section 1088.8, state and local invoices not more than 45 days after BUILDING GREEN • BUYING GREEN WORKING GREEN 10
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(i) the date of acceptance of goods or The Department of General Services pertormance of services; or (il) receipt (DGS) will bill each State agency of an undisputed invoice, whichever is directly an administrative fee for use later. of SLP contracts. The administrative
fee should NOT be included in the
2. Advance Payments order total, nor remitted before an invoice is received from DGS.
Advance payment is allowed for
services only under limited, narrowly 5. Credit Card
defined circumstances, e.g. between
specific departments and certain Kovarus, Inc. accepts the State of types of non-profit organizations, or California credit card (CAL-Card). when paying another government
agency (Government Code (GC) § A Purchasing Authority Purchase 11256 - 11263 and 11019). Order (Std. 65) is required even when the ordering department chooses to
It is NOT acceptable to pay in pay the contractor via the CAL-Card. advance, except software Also, the DGS administrative fee is maintenance and license fees, which applicable for all SLP orders to are considered a subscription and suppliers not California certified as a may be paid in advance if a provision small business.
addressing payment in advance is
included in the purchase order. FEDERAL DEBARMENT
Software warranty upgrades and When federal funds are being expended, extensions may also be paid for in the department is required to obtain (retain advance, one time. in file) a signed "Federal Debarment" certification from the contractor before the
3. Payee Data Record (Std. 204) purchase order is issued. This certification is required by the regulations
State Agencies not transacting in implementing Executive Order 12549, FI$Cal, must obtain a copy of the Debarment and Suspension, 29 CFR Part Payee Data Record (Std. 204) in 98, Section 98.510, Participants; order to process payments. State responsibilities. The regulations were Ordering Agencies forward a copy of published as Part VII of the May 26, 1988 the Std. 204 to their accounting Federal Register (pages 19160-19211). office(s). Without the Std. 204,
payment may be unnecessarily AMERICANS WITH DISABILITY ACT delayed. State Agencies should (ADA)
contact the Contractor for copies of
the Payee Data Record (See attachment B)
4. DGS Administrative and Incentive DGS PROCUREMENT DIVISION Fees CONTACT AND PHONE NUMBER
Orders from State Agencies: Department of General Services Procurement Division, SLP Unit
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SOFTWARE LICENSING PROGRAM (SLP)
KOVARUS, INC.
SLP-22-70-0151Z
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
Phone no.: 916/375-4365
Faxination no.: 916/376-6371
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ATTACHMENT A
SLP QUARTERLY BUSINESS ACTIVITY REPORT
Company Name: Reporting Calendar Year:
Software Publisher:
Reporting Quarter: • Q1 (January to March)
Contract Number:
• Q2 (April to June)
For Questions Regarding this Report: • Q3 (July to September) E-mail: • Q4 (October to December)
Check Here if No New Orders for This Quarter
STATE GOVERNMENT AGENCY PURCHASES
State Agency Purchase Purchase Total Dollars
Agency Phone
Name Order Number Order Date Per Purchase Agency Contact Agency Address Billing Code Number
Order
Total State Agency Dollars Reported for Quarter: $
LOCAL GOVERNMENT AGENCY PURCHASES
Local Government Agency Purchase Order Purchase Total Dollars Per Agency Phone Name Number Order Date Purchase Order Contact Agency Address Number Total Local Government Agency Dollars for Quarter: $
1.25% Remitted to DGS (does not apply to CA certified Small Businesses): $ Total of State and Local Government Agency Dollars Reported for this Quarter: $ Updated 7/2019
ATTACHMENT A
SLP QUARTERLY BUSINESS ACTIVITY REPORT
Instructions for completing the SLP Quarterly Business Activity Report.
1. Complete the top of the form with the appropriate information for your company.
2. Agency Name - Identify the State agency or Local Government agency that issued the order.
3. Purchase Order Number - Identify the purchase order number (and amendment number if applicable) on the order form. This is not your invoice number. This is the number the State agency or Local Government agency assigns to the order.
4. Purchase Order Date - Identify the date the purchase order was issued, as shown on the order. This is not the date you received, accepted, or invoiced the order.
5. Agency Billing Code - Identify the State agency billing code. This is a five-digit number identified on the upper right hand corner of the Std. 65 purchase order form.
You must identify this number on all purchases made by State of California agencies.
Billing codes are not applicable to Local Government agencies.
6. Total Dollars Per PO - Identify the total dollars of the order excluding tax and freight.
Tax must NOT be included in the quarterly report, even if the agency includes tax on the purchase order. The total dollars per order should indicate the entire purchase order amount (less tax and freight) regardless of when you invoice order, perform services, deliver product, or receive payment.
7. Agency Contact - Identify the ordering agency's contact person on the purchase order.
8. Agency Address - Identify the ordering agency's address on the purchase order.
9. Phone Number - Identify the phone number for the ordering agency's contact person.
10. Total State Sales & Total Local Sales - Separately identify the total State dollars and/or Local Government agency dollars (pre-tax) for all orders placed in quarter.
11.1.25% Remitted to DGS - Identify 1.25% of the total Local Government agency dollars reported for the quarter.
12. Grand Total - Identify the total of all State and Local Government agency dollars reported for the quarter.
Notes:
• A report is required for each SLP contract each quarter even when there are no new orders for the quarter.
• Quarterly reports are due two weeks after the end of the quarter.
Procurement Division | State of California | California Government Operations Agency 707 3rd Street, 2ndFloor | West Sacramento, CA 95605 | t 916.375-4400
ATTACHMENT B
ADA NOTICE
Procurement Division (State Department of General Services)
AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE
POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY
To meet and carry out compliance with the nondiscrimination requirements of the Americans With Disabilities Act (ADA), it is the policy of the Procurement Division (within the State Department of General Services) to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities.
For persons with a disability needing a reasonable accommodation to participate in the Procurement process, or for persons having questions regarding reasonable accommodations for the Procurement process, please contact the Procurement Division at (916) 375-4400 (main office); the Procurement Division TTY/TDD (telephone device for the deaf) or California Relay Service numbers which are listed below. You may also contact directly the Procurement Division contact person who is handling this procurement.
IMPORTANT: TO ENSURE THAT WE CAN MEET YOUR NEED, IT IS BEST THAT WE RECEIVE YOUR REQUEST AT LEAST 10 WORKING DAYS
BEFORE THE SCHEDULED EVENT (i.e., MEETING, CONFERENCE,
WORKSHOP, etc.) OR DEADLINE DUE-DATE FOR PROCUREMENT
DOCUMENTS.
The Procurement Division TTY telephone numbers are:
Sacramento Office: (916) 376-1891
Fullerton Office: (714) 773-2093
The California Relay Service Telephone Numbers are:
Voice: 1-800-735-2922 or 1-888-877-5379
TTY: 1-800-735-2929 or 1-888-877-5378
Speech-to-Speech: 1-800-854-7784
Updated 2/06/2018 15
Procurement Division
CALIFORNIA DEPARTMENT OF
DGS 707 Third Street, 2nd Floor, MS #2-202
GENERAL SERVICES
West Sacramento, CA 95605-2811
State of California
SOFTWARE LICENSING PROGRAM (SLP)
AMENDMENT NO. 2
softwarelicensingprogram
Contractor: AHEAD, Inc. which will do business in California as Kovarus, Inc Contract Number: SLP-22-70-0151Z
SLP Contract Term: 09/29/2022 through 08/31/2025
Contract Base: Dell Marketing L.P. Offer Number Dell-SLP-22 This amendment is being issued to:
Add the provision "GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) REPORTING"
GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) REPORTING
1. State Agencies
State agencies are required to obtain a GenAl Reporting and Factsheet (STD 1000) from the Contractor prior to award.
If GenAl is disclosed by the Contractor, state agencies must follow the required GenAl purchase procedures outlined in State Contracting Manual (SCM) Volume 2, Chapter 23, Generative Artificial Intelligence (GenAI). State agencies must retain the STD 1000 and confirmation the purchase may proceed in their procurement file.
2. Contractor
Upon request by an ordering agency, Contractor must complete a GenAl Reporting and Fact Sheet (STD 1000) to identify if their solution or service includes, or makes available, any GenAl including, GenAl from third parties or subcontractors.
During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAl technology, including GenAl from third parties or subcontractors. Contractor shall immediately complete the GenAl Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAl technology.
At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAl technology that materially impacts functionality, risk or contract performance, until use of such GenAl technology has been approved by the State.
Failure to disclose GenAl use to the State and submit the GenAl Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAl and/or failure to submit the GenAl Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.
Procurement Division | State of California | California Government Operations Agency 707 3rd Street, 2ndFloor | West Sacramento, CA 95605 | t 916.375-4400
SOFTWARE LICENSING PROGRAM (SLP)
KOVARUS, INC
SLP-22-70-0151Z AMENDMENT NO. 2
The State reserves the right to amend the contract, without additional cost, to incorporate GenAl Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.
If Contractor identifies GenAl in their solution, a copy of the STD 1000 must be submitted to the State Contract Administrator.
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
For State of CA: For Contractor:
Original Signature on File Original Signature on File
Stephanne Lim Signature
Manager
Multiple Award Programs Section
Procurement Division Printed Title
Department of General Services
Printed Name
8/23/2024
Date
Company Name
Date
BUILDING GREEN • I BUYING GREEN • WORKING GREEN 2
Procurement Division
CALIFORNIA DEPARTMENT OF
DGS 707 Third Street, 2nd Floor, MS #2-202
GENERAL SERVICES
West Sacramento, CA 95605-2811
State of California
SOFTWARE LICENSING PROGRAM (SLP)
AMENDMENT NO. 1
softwarelicensingprogram
Contractor: AHEAD, Inc. which will do business in California as Kovarus, Inc Contract Number: SLP-22-70-0151Z
SLP Contract Term: 09/29/2022 through 08/31/2025
Contract Base: Dell Marketing L.P. Offer Number Dell-SLP-22 This amendment is being issued to:
• Revise the provision, "Issue Purchase Order To"
ISSUE PURCHASE ORDER TO
Agency purchase orders must be mailed to the
following address or e-mailed:
AHEAD, Inc. which will do business in California as Kovarus, Inc 401 N. Michigan Ave, Suite 3400
Chicago, IL 60611
E-mail: [email protected]
Agencies with questions regarding products and/or services may contact the contractor as follows:
Phone: (916) 752-9389
E-mail: [email protected]
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
For State of CA: For Contractor:
Original Signature on File Original Signature on File
Stephanne Lim Signature
Manager
Multiple Award Programs Section
Procurement Division Printed Title
Department of General Services
Printed Name
07/16/2024
Date
Company Name
Date
Procurement Division | State of California | California Government Operations Agency 707 3rd Street, 2ndFloor | West Sacramento, CA 95605 | t 916.375-4400
STATEWIDE CONTRACT
AHEAD, Inc. which will do business in California as Kovarus, Inc Dell Marketing L.P. Offer Number Dell-SLP-22
CONTRACT SLP-22-70-0151Z
A California Charter Municipal
Corporation
BY:
D. Scott McBride
City Manager
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
BY:
City Attorney Date
ACCOUNT DATA:
M. VENUS RODRIGUEZ
BY:
Verified by Finance Officer