STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-20-70-47-04
AMENDMENT 1
DATA COMMUNICATIONS
Utah NASPO ValuePoint Master Agreement Number AR3228
Hewlett Packard Enterprise Company (Contractor)
The parties mutually agree to amend Participating Addendum 7-20-70-47-04 as follows:
1) All references to Utah NASPO ValuePoint Master Agreement Number AR3288 within the Participating Addendum are revised to AR3228.
All other terms and conditions of the Participating Addendum shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below.
STATE OF CALIFORNIA CONTRACTOR
Department of General Services Hewlett Packard Enterprise Company gency, Name Contráctor Name
6-187002 Karated Signature 06/08/2020
Authorized Signature Date Signed Date Signed
VARICK. B. Mulled MANACER MARS Clis BAdles Contanets
Printed Name/Title of Person Signing Printed Name/Title of Person Signine 707 Third Street 6280 America Center Drive
West Sacramento, CA 95605 San Jose, CA 95002
Address Address
STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-20-70-47-04
DATA COMMUNICATIONS
Utah NASPO ValuePoint Master Agreement Number AR3288
Hewlett Packard Enterprise Company (Contractor)
This Participating Addendum Number 7-20-70-47-04 is entered into between the state of California, Department of General Services (hereafter referred to as "State" or "DGS") and Hewlett Packard Enterprise Company (hereafter referred to as "Contractor") under the lead state of Utah NASPO ValuePoint Master Agreement Number AR3288.
1. SCOPE
A. This Participating Addendum covers the purchase of Data Communications products and associated services under the Utah NASPO ValuePoint Master Agreement. The Utah NASPO ValuePoint Master Agreement Number AR3288 is hereby incorporated by reference. Product/service categories included under this Participating Addendum are identified in Section 5 (Available Products and Services).
B. This Participating Addendum is available for use by California state agencies and local governments. A local government is defined as any city, county, city and county, district, or other local governmental body, school district or corporation empowered to expend public funds. The State Agency Listing (https://www.ca.gov/agenciesall/) provides a comprehensive list of state agencies.
C. Each local government is to make its own determination whether this Participating Addendum and the Utah NASPO ValuePoint Master Agreement are consistent with its procurement policies and regulations.
2. TERM
A. The term of this Participating Addendum shall begin June 1, 2020, or upon signature approval by the State, whichever is later and will end September 30, 2024, or upon termination by the State, whichever occurs first.
B. Lead State amendments to extend the NASPO ValuePoint Master Agreement term date are not automatically incorporated into this Participating Addendum.
Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor.
C. Order placement and execution shall be on or before the expiration of this Participating Addendum. However, delivery of products or completion of services may be after the Participating Addendum expiration date.
Participating Addendum 7-20-70-47-04
3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS
A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum. 1) General Provisions - Information Technology (GSPD-401IT) effective 9/5/2014. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement- Division-Resources-List-Folder/Model-Contract-Language). 2) Cloud Computing Software as a Service (SaaS) General Provisions effective 6/7/2019. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement- Division-Resources-List-Folder/Model-Contract-Language). 3) Cloud Computing Special Provisions for Software as a Service (SaaS) effective 03/15/18. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/Model-Contract- Language).
4. ORDER OF PRECEDENCE
A. In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply:
1) California Participating Addendum Number 7-20-70-47-04 2) Utah NASPO ValuePoint Master Agreement Number AR3288
5. AVAILABLE PRODUCTS AND SERVICES
A. The following product and service categories are listed in the Utah NASPO ValuePoint Master Agreement AR3288:
1) Category 1.2 Networking
2) Category 1.3 Routers, Switches, Security, and Storage Networking 3) Category 1.4 Wireless
6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES
A. The following product and service offerings are prohibited under this Participating Addendum.
1) Leasing
This restriction is not applicable to local governments.
Participating Addendum 7-20-70-47-04
B. Products and services that are available on the California Network and Telecommunications (CALNET) Program and mandatory California statewide contracts cannot be purchased from this Participating Addendum by non-exempt state agencies without an exemption.
State agencies are responsible for contacting the California Department of Technology (CDT) for CALNET contract exemptions and the DGS Procurement Division for mandatory statewide contract exemptions in accordance with the published User Instructions prior to issuing a purchase order.
This restriction is not applicable to local governments.
C. Services that fall within the definition of "public works" as defined in Public Contract Code, Section 1101 and Labor Code Section 1720 are disallowed under this cooperative agreement and must be procured by alternate means.
This restriction is not applicable to local governments.
7. PRICING
Contractor is responsible for maintaining a current price list of available products and services on the NASPO ValuePoint Data Communications 2019-2026 website.
8. AUTHORIZED RESELLERS
A. Contractor may use State-approved Authorized Resellers under this Participating Addendum for sales and service functions as defined herein. 1) Authorized Resellers must accept purchase orders and accept payment from ordering agencies for products and services offered under this Participating Addendum.
2) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements.
3) All purchase documents to Authorized Resellers shall reference the Participating Addendum Number and Contractor Name.
B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Authorized Resellers. All State policies, guidelines, and requirements shall apply to Authorized Resellers.
C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements.
Participating Addendum 7-20-70-47-04
D. Subject to the approval of the State, Authorized Resellers may be added on a quarterly basis during the term of the contract. Contractors shall notify the State of any deleted Authorized Resellers or changes to current Authorized Resellers' contact information in writing at any time during the contract term.
E. Contractor will be required to submit Authorized Reseller requests, in a format specified by the State, to the State Contract Administrator for approval.
F. State-approved Authorized Resellers will be posted on the State's Cal eProcure website.
9. SUBCONTRACTORS
The Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted.
10. ORDERING AGENCY RESPONSIBILITIES
A. State agency and local government use of this Participating Addendum is optional.
B. State agencies and local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum. User Instructions are posted on the State's Cal Procure website.
11. STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC)
A. State agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery's State Agency Buy Recycled Campaign (SABRC) per Public Contract Code sections 12200-12217.
B. Contractor will be required to complete and return a Recycled-Content Certification form (https://www.calrecycle.ca.gov/contracts/forms) upon request by a state agency.
12. DELIVERY
A. Delivery shall occur within 30 days after receipt of order, or as negotiated between ordering agency and contractor and included in the purchase order, or as otherwise stipulated in the NASPO ValuePoint Master Agreement.
B. Free On Board (F.O.B.) Destination to the ordering agency's receiving point.
Participating Addendum 7-20-70-47-04
13. INVOICING AND PAYMENT
A. Payment terms for this Participating Addendum are net 45 days. Payment will be made in accordance with IT General Provisions Paragraph 30 (Required Payment Date).
B. Invoices shall be sent to the address identified in the ordering agency's purchase order. The State Participating Addendum Number and ordering agency purchase order number shall appear on each invoice for all purchases placed under this Participating Addendum.
C. Contractor will accept the State of California credit card (CAL-Card) for payment of invoices.
14. USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report is due even when there is no activity.
B. The DGS Contract Administrator reserves the right to modify Attachment A and require Contractor to provide additional order information during the course of this Agreement.
C. The report shall be an Excel spreadsheet transmitted electronically to the DGS Cooperatives mailbox ([email protected]).
D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State.
E. Tax must not be included in the report, even if it is on the purchase order.
F. Reports are due for each quarter as follows:
Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract.
Participating Addendum 7-20-70-47-04
H. Time extensions may be approved only if all due reports have been submitted to the State.
15. ADMINISTRATIVE FEE
A. Contractor shall submit a check, payable to the State of California, remitted to the Cooperative Agreement Unit for the calculated amount equal to 1.25% of the sales for the quarterly period.
B. Contractor must include the Participating Addendum Number on the check.
Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information.
C. Administrative fee checks shall be submitted to:
State of California
Department of General Services, Procurement Division
Attention: Cooperative Agreement Program
707 3rd Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
D. The administrative fee shall not be included as an adjustment to Contractor's NASPO ValuePoint Master Agreement pricing.
E. The administrative fee shall not be invoiced or charged to the ordering agency.
F. Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a purchasing entity.
G. Administrative fee checks are due for each quarter as follows:
Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract.
Participating Addendum 7-20-70-47-04
16. CONTRACT MANAGEMENT
A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:
Contractor Contract Manager
Name: Nancy Schwarz
Phone: (480) 636-0267
Email [email protected]
Address: Hewlett Packard Enterprise Company
6280 America Center Drive
San Jose, CA 95002
B. The State Contract Administrator for this Participating Addendum shall be as follows:
State Contract Administrator
Name: Julie Matthews
Phone: (916) 375-4612
Email Julie. [email protected]
Address: State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change.
17. TERMINATION OF AGREEMENT
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, non-disrupted business continuation of each party.
This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.
Participating Addendum 7-20-70-47-04
18. AMENDMENT
No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties.
19. AGREEMENT
A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof.
Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected.
The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.
B. By signing below Contractor agrees to offer the same products/and or services as on the Utah NASPO ValuePoint Master Agreement Number AR3288, at prices equal to or lower than the prices on that contract.
C. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.
STATE OF CALIFORNIA CONTRACTOR
Department of General Services Hewlett Packard Enterprise Company Agency Name
Channech 5/28/2020 05/18/2020
Authorized Signature Date Signed uthorized Signature Date Signed stephanne km/MAyzsupersor Chais Bacles, contrACT NEgstiAtoR Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street 6280 America Center Drive
West Sacramento, CA 95605 San Jose, CA 95002
Address Address
ATTACHMENT A
Usage Report: Data Communications (2019-2026)
Contract Number:
Contractor:
Reporting Period:
Report Value:
Administrative Fee:
Extended Index
Manufacturer Contract Contract Date /
State/Local Purchase Order / Service List
Ordering Agency Name Order Date Category Part Number Item Description Quantity Price/MSRP Unit Price Price Paid Spend Contract Number Catalog
(OEM #)/ (Quantity x Version
Unit Price)
ATTACHMENT A
Usage Report: Data Communications (2019-2026)
Template Key
Contract Number: Participating Addendum Number
Contractor: Contractor Name
Reporting Period: Reporting Quarter
Report Value: Total Sales for Reporting Period
Administrative Fee: 1.25% of Total Sales
Column colura
Number
Purchase Order / Manufacturer Extended
Column. Ordering Agency State/Local List Contract Unit Contract Service Contract Order Date Category Part Number Item Description Quantity Name Name: Spend Price/MSRP: Price Price Paid
Number (OEM #)
Description State Agency or Local Ordering agency's Date the Category for each line Manufacturer's Quantity This is the price Total Price ( Government name as unique purchase order ordering item (commodity/ unique purchased independently paid for given line Quantity X described on the or service contract agency placed service) that includes identifier for for each line verifiable *tem. Contract Unit purchase document number associated the order. Contractor respective the line item. item. ABl public price Price); with items) percent discount off returned (MSRP) ( Column H x purchased. MSRP. items are available to the Column J)
reported as general pubic.
This identifier should a negative
match the Category number. When
provided in the For service providing
Contractor's Master contracts, usage reports,
Agreement. identify term this information
in months. should reflect
list prices at
time of order.
Date T
Variable Characters Variable Variable Character Number Currency Currency Currency Variable Format Text Text Variable Characters Date Character
Character
Example Department of General State 2832820 4/30/2013 1.2 ISINK34 Application Services $55.00 $48.95 $48.95 7/19/2012 Department or general $300 $270.00 $810.00 7/19/2012
Example State 2832820 4/30/2013 1.2 M1000 3-year Maintenance Services
Department of General 15330A1 + 1-year Maintenance $48.00 $24.96 $398.56 7/19/2012 Example Services State 2832820 4/30/2013 1.3 SP10