CITY OF SIMI VALLEY
MEMORANDUM
Oc
tober 10, 2022
TO
: City Council
F
ROM: Department of Administrative Services
S
UBJECT: APPROVAL OF AGREEMENT TO PURCHASE REPLACEMENT
DESKTOP COMPUTERS FROM GOLDEN STAR TECHNOLOGY, INC.,
DBA GST
STAFF RECOMMENDATION
S
taff recommends that the City Council approve an agreement to purchase 149 replacement Lenovo desktop computers from Golden Star Technology, Inc., DBA GST (GST), utilizing the WSCA -NASPO Contract Number MNWNC -117 with an expiration date of February 23, 2023, for the amount of $174,024.92.
BACKGROUND AND OVERVIEW
T
he Administrative Services Department is requesting approval of an agreement to purchase replacements for 149 desktop computers to be used by staff members at City Hall and the Public Services Center for the amount of $174,024.92. The existing computers that were purchased in Fiscal Year (FY) 2016-17 are over five years old and need to be replaced.
O
n June 21, 2022, the City entered into an agreement with GST, utilizing WSCA - NASPO Contract Number MNWNC- 117 for the purchase of 70 desktop computers to be used by staff members in the Police Department, for the amount of $96,771.68.
The total of this p roposed purchase, combined with the computers purchased in June 2022 from the same vendor, requires approval by the City Council per the City’s Purchasing Ordinance. Purchases with the same vendor for the same item within any twelve month period where the aggregate exceeds the City Manager’s contract authority limits ($175,000), requires City Council approval.
FINDINGS AND ALTERNATIVES
T
he Information Services Division assessed industry offerings and City needs and obtained excellent pricing for the required equipment by utilizing the cooperative purchasing contract WSCA-NASPO Contract Number MNWNC- 117. The purchase is being made in accordance with SVMC Section 2- 9.201(f), which allows the use of AGENDA ITEM NO.
Consent (5)
2 Cooperative Purchases in lieu of performing a formal bidding process. Further, staff has found that Cooperative Purchasing Agreements for technology purchases offer the best pricing available.
F
unding for the purchase is included in the FY 2022- 23 Computer Equipment Replacement Fund.
T
he following alternatives are available to the City Council:
1. A
pprove the attached agreement with GST to purchase 149 replacement Lenovo desktop computers;
2. P
rovide staff with additional direction.
S
taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I mov
e to approve an agreement to purchase 149 replacement Lenovo desktop computers from Golden Star Technology, Inc., DBA GST (GST), utilizing the WSCA - NASPO Contract Number MNWNC-117 with an expiration date of February 23, 2023, for the amount of $174,024.92.
SUMMARY
T
he Administrative Services Department is requesting to purchase replacements for 149 desktop computers to be used by staff members at City Hall and the Public Services Center. The existing computers are over five years old and need to be replaced. The Information Services Division assessed industry offerings and City needs and obtained excellent pricing for the required equipment by utilizing the WSCA -NASPO Contract Number MNWNC-117. Staff recommends to approve the attached agreement with GST to purchase 149 replacement Lenovo desktop computers.
___
_________________________________
Carolyn Johnson
Administrative Services Director
P
repared by: Barbara Wisely, Principal Information Services Analyst INDEX Page
A
greement ........................................................................................ 3 GST/Lenovo 2022
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
GOLDEN STAR TECHNOLOGY, INC., FOR THE
PURCHASE OF 149 DESKTOP COMPUTERS
THIS CONTRACT is made and entered into in the City of Simi Vall ey on this 10 th day of October 2022 (the “Effective Date”), by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and Golden Star Technology, Inc., an S-corporat ion, hereinafter referred to as CONTRACTOR, each a “Party,” and collectively, “Parties”.
RECITALS
WHEREAS, the CITY wishes to purchase 149 desktop computers; and
WHEREAS, C
ONTRACTOR has a valid contract with another
governmental agency Minnesota WSCA-NASPO, Contract Number MNWNC -117 (the “Cooperative Contract”), under which CONTRACTOR provides Desktop Computers NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the Parties hereto agree as follows:
AGREEMENT
1. Term. The
term of this CONTRACT shall be from the date this
CONTRACT is made and entered as f irst written above, until completion of all of the CONTRACTOR’S obligations under this CONTRACT and its accompanying exhibits, but in any event not to extend past February 28, 2023.
2. Description of Supplies, Equipment, Materials, or Services. This CONTRACT is for the purchase of 149 Lenovo P360 Desktop Compute rs.
CONTRACTOR agrees to supply the item(s) more specifically set forth in the Cooperative Contract attached hereto and incorporated herein as Exhibit “A”.
3. Compensation and Payment.
A. The
CITY shall be obligated to pay CONTRACTOR based
upon the unit and/or lump sum prices in the “Price Quotation” attached hereto and incorporated herein as Exhibit ”B”.
B. Payments to the CONTRACTOR shall be made within 30
days after receipt of an original invoice from the CONTRACTOR and acceptance of the goods and/or services by CITY.
C. In no event shall the total amount paid for this CONTRACT exceed $174,024.92 (the “Not-To-Exceed Limit”) unless otherwise agreed to by the Parties in writing.
3 4. CONTRACTOR Representations and Obligations.
A. CONTRACTOR shall perform as required by this
CONTRACT. CONTRACTOR also wa rrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONTRACTOR shall obey all Federal, State, local, and special district laws, ordinances, and regulations.
C. CONTRACTOR shall indemni fy, defend, and hold CITY
harmless from any claim that prevailing wages should have been paid pursuant to this CONTRACT, including federal prevailing wage requirements under the Davis-Bacon Act, if applicable and shall be liable for the payment of same and any penalties thereon.
D. CONTRACTOR shall abide by the CITY’S Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT. CONTRACTOR shall maintain a valid Business Tax Certificate for the term of the CONTRACT.
5. Audit.
A. At any time during normal business hours and as often as the CITY may reasonably deem necessary, CONTRACTOR shall make available to CITY for inspection its records pertaining to this CONTRACT. CONTRACTOR shall permit CITY to audit, examine and/or reproduce such records. CONTRACTOR wi ll retain such financial records, time sheets, w ork progress reports, invoices , bills and project records for at least two (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.
B. CITY shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in prepa ring its statements to CITY as a condition precedent to any payment to CONTRACTOR.
6. Hold Harmless and Indemnification. CONTRACTOR shall defend, indemnify, and hold harmless CITY , its agents, officials, offic ers, representatives, and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONTRACTOR, its agents, employees , and subcontractors, and employees thereof, pursuant to the performance or non-performance of this CONTRACT . T h e CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its agents, o fficials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. The CONTRACTOR must sele ct an attorney acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unre asonably withheld. This paragraph shall survive the termination of this CONTRACT.
7. Insurance. The CITY shall be included as an Additional Insured in the automobile/liability insurance policies and endorsements of the CONTRACTOR as required by Exhibit A, Section B, Paragraph 17 of the Minnesota WSCA-NASPO Master agreement.
4 8. Amendments. Any amendment, modification, or variation from the terms of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the City Manager and CONTRACTOR.
9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONTRACTOR shall not engage in, nor permit subcontrac tors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, phys ical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
10. Termination. If, during the term of this CONTRACT, CITY determines that CONTRACTOR is not faithfully abiding by any ter m or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform. The notice must give to t he CONTRACTOR a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONTRACTOR has not performed the work or cured said deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONTRACTOR. Ther eafter, neither Party shall have any further duties, obligations, responsibilit ies, or rights under this CONTRACT except, however, any and all obligations of CONTRACTOR 'S surety shall remain in full force and effect and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In such event, CONTRACTOR shall be entitled to the reasonable value of its services pursuant to the applicable price or rate schedules in this CONTRACT (but in any event not t o exceed the Not-To-Exceed Limi t) performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. CITY reserves the right to delay any such payment until completion or confirmed abandonment of the project, as ma y be determined in the CITY'S sole discretion, so as t o permit a full and complete acc ounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the Not-To- Exceed Limit.
11. Complete CONTRACT; Order of Precedence . This CONTRACT and its accompanying exhibits shall constitute the complete CON TRACT between the Parties hereto. No verbal agr eement, understanding, or represe ntation not reduced to writing and specifically incorpor ated herein shall be of any fo rce or effect, nor shall any such verbal agreement, understandi ng, or representation be bind ing upon the Parties hereto. In interpreting this CONTRACT, this CONTRACT shall take precedence over the Cooperative Contract.
12. Time of Performance. Time is of the essence in this CONTRACT.
13. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the P arties hereto; provided, however, that no Party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operat ion of law, without the prior w ritten consent of the other Party, and any such assignment without said consent shall be void.
5 14. Authority to Execute Contract. Both CITY and CONTRACTOR do covenant that each individual exe cuting this CONTRACT on behalf of each Party is a person duly authorized and empowered to execute contracts for such Party.
15. Jurisdiction and Venue . Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the Parties do not consent to arbitration. In the event of any dispute, each Party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
16. Non-Appropriation of Funds . Payments due and payable to CONTRACTOR for current goods and/or services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of goods and/ or services beyond the current fiscal year, this CONTRAC T shall cover only those costs incurred up to the conclusion of the current fiscal year.
17. Taxpayer Identification Number . CONTRACTOR shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.
18. Permits and Licenses. C O N T R A C T O R , a t i t s s o l e c o s t a n d expense, shall obtain and maintain during the term of this CONT RACT, all appropriate permits, licenses, and certificat es that may be required in connection with the performance of this CONTRACT.
19. Waivers. The waiver by one Party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach.
20. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Nei ther Party to this CONTRACT shall refuse to accept such mail; the Parties to this CONTRACT shall promptly inform the other Party of any change of address. All notices requi red by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing addres s of each Party to this CONTRACT is as follows:
CITY City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Garry Boswell, Dep. AS Dir./(Info. Svcs.)
(805) 583-6330 - [email protected]
CONTRACTOR Golden Star Technology, Inc.
12881 166th Street
Cerritos, CA 90703
Attn: Min Joo
6 IN WITNESS WHEREOF, the Parties hereto have caused this instrum ent to be executed as of the Effective Date.
Attest: City of Simi Valley, A Municipal Corporation
B y :
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: GOL DEN STAR TECHNOLOGY, INC.
B y :
D a v i d L . C a c e r e s , C i t y A t t o r n e y Print Name: Dennis Wang
Approved as to Content: Title: Chief Operating Officer
B y :
Brian Paul Gabler, City Manager
Print Name: Henry Ngo
Title: Vice President
Carolyn Johnson,
Administrative Services Director
7 EXHIBI
T “A”
COOPE
RATIVE CONTRACT
CONTRACT
BETWEEN THE CITY OF SIMI VALLEY AND
GOLDEN STAR TECHNOLOGY , INC ., FOR THE
PURCHASE OF 149 DESKTOP COMPUTERS
8 EXHIBIT A
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 STATE OF MINNESOTA
Office of State Procurement
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155
Voice: 651.296.2600
Fax: 651.297.3996
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529
May 6, 2021
Darren Estridge
Lenovo (United States) Inc.
1009 Think Place
Morrisville, NC 27560
Dear Mr. Estridge:
Please find enclosed Amendment 3 to NASPO Master Agreement No. MNWNC-117 you to complete and return.
Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by May 14, 2021.
If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company.
If you have any questions, please feel free to contact me.
Sincerely,
Andy Doran
IT Acquisitions Supervisor
Enclosure(s)
cc: Melissa Autrey Freeman
56 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 3 to NASPO Master Agreement MNWNC-117
AMENDMENT NO. 3 TO NASPO MASTER AGREEMENT NO. MNWNC-117 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Lenovo (United States), Inc., 1009 Think Place, Morrisville, NC 27560 (“Contractor” or “Contract Vendor”).
WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-117, April 15, 2015, through July 31, 2021 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.
Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.
NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:
1. That NASPO Master Agreement No. MNWNC-117 is extended through July 31, 2022, at the same prices, terms, and conditions.
This Amendment is effective beginning August 1, 2021, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first.
Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.
1. Lenovo (United States), Inc.
The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or ordinances.
By:
S i g n a t u r e
P r i n t e d N a m e
Title:
Date:
By:
S i g n a t u r e
P r i n t e d N a m e
Title:
Date:
2. Office of State Procurement
In accordance with Minn. Stat. § 16C.03, subd. 3.
By:
Title: Acquisition Management Specialist
Date:
3. Commissioner of Administration
Or delegated representative.
By:
Date:
57 STATE OF MINNESOTA
Office of State Procurement
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155
Voice: 651.296.2600
Fax: 651.297.3996
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 May 16, 2022
Melissa Autrey-Freeman
Lenovo (United States), Inc.
1009 Think Place
Morrisville, NC 27560
Dear Ms. Autrey-Freeman:
The following documents is enclosed for you to complete and return:
x Amendment No. 04 to NASPO Master Agreement No. MNWNC-117.
Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by May 31, 2022.
x A current certificate of insurance from your insurer, in the amounts called for in the contract, is required now to complete the contract document. The insurance requirements are attached for your convenience. Please have your insurance provider send a copy of the COI electronically to Erin McCormack at [email protected]. No contract document will be executed with your company until the COI has been received and approved.
If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company.
If you have any questions, please feel free to contact me.
Sincerely,
Andy Doran
IT Acquisitions Supervisor
Enclosure(s)
58 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 04 to NASPO Master Agreement MNWNC-117
AMENDMENT NO. 04 TO NASPO MASTER AGREEMENT NO. MNWNC-117 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Lenovo (United States), Inc., 1009 Think Place, Morrisville, NC 27560 (“Contractor” or “Contract Vendor”).
WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-117, April 15, 2015, through July 31, 2022 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.
Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.
NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:
1. That NASPO Master Agreement No. MNWNC-117 is extended through February 28, 2023, at the same prices, terms, and conditions.
This Amendment is effective beginning August 1, 2022, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first.
Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.
1. Lenovo (United States), Inc
The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or ordinances.
By:
S i g n a t u r e
P r i n t e d N a m e
Title:
Date:
By:
S i g n a t u r e
P r i n t e d N a m e
Title:
Date:
2. Office of State Procurement
In accordance with Minn. Stat. § 16C.03, subd. 3.
By:
Title: Acquisition Management Specialist
Date:
3. Commissioner of Administration
Or delegated representative.
By:
Date:
59 Participating Addendum No.: 7‐15‐70‐34‐007
Contractor: Lenovo (United States) Inc.
Authorized Resellers
(Partners):
Added (effective 3/14/22)
Netsync Network Solutions, Inc.
Current Reseller List:
Broadway Typewriter Company Inc.
CDW Government LLC
ConvergeOne, Inc.
Datel Systems Incorporated
DI Technology Group, Inc.
Enterprise Networking Solutions, Inc. DBA
ENS‐Inc.
Golden Star Technology Inc.
Insight Public Sector, Inc.
Netsync Network Solutions, Inc.
ODP Business Solutions, LLC
Omnipro Systems, Inc.
PC Specialists, Inc. DBA Technology
Integration Group
Y&S Technologies, Inc.
Zones, LLC
60 7
EXHIBIT “B”
PRICE QUOTATION
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
GOLDEN STAR TECHNOLOGY , INC , FOR THE
PURCHASE OF 149 DESKTOP COMPUTERS
61 EXHIBIT B
62 63
64 65
66