FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND DELL MARKETING L.P.
THIS FIRST AMENDMENT TO THE PURCHASE AGREEMENT is made at South San Francisco, California, as of February 21, 2023, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and Dell MARKETING L.P. (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows:
RECITALS
A. On December 2, 2022 City and Contractor entered that certain Purchase Agreement (“Agreement”) whereby Contractor agreed to provide computers and related equipment for Civic Campus & IT Department annual replacement. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A.
B. City and Contractor now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows:
1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary.
2. Section 3: Compensation. Section 3 of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed $267,956.44, with the understanding that up to $53,554.93 has already been paid to Contractor.
Contractor agrees this is the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing.
3. Scope of Services. The Scope of services is amended and attached as Exhibit B to this Amendment.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE]
Dated:
CITY OF SOUTH SAN FRANCISCO CONTRACTOR
By: By:
Sharon Ranals, Interim City Manager
Approved as to Form:
By:
City Attorney
Katherine Castillo
Paralegal Advisor
[Rev:11/14/2016]
Internal Use - Confidential
PURCHASE AGREEMENT BETWEEN THE
CITY OF SOUTH SAN FRANCISCO AND DELL MARKETING L.P.
These terms and conditions govern the purchase of materials, supplies, and/or equipment, including any related installation, training, and/or minor services and repairs described in this Purchase Agreement (“Purchase Agreement”) by Dell Marketing L.P. (“Vendor”) for the City of South San Francisco (“City”). Vendor and City are collectively referred to in this Purchase Agreement as “the Parties.”
1. Time of Performance. This Purchase Agreement shall commence effective as of the date that the parties have fully executed this Purchase Agreement and shall continue as specified in vendor’s quotes attached as Exhibit B (such quotes referred to herein as the “Quotes,” and products and services referenced in the Quotes are referred to as “Products” and /or “Services”).
2. Contract Terms. This Purchase Agreement is comprised of this document and the following, which are incorporated herein by reference and form a part of this Purchase Agreement:
• California Participating Addendum No. 7-15-70-34-004 and Minnesota WSCA-NASPO Master Agreement Number MNWNC-108 with Dell Marketing L.P. effective as of April 1, 2015 (the “NASPO Contract”), attached as Exhibit A; and
• The Quotes attached as Exhibit B.
In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the terms of the main body of this Purchase Agreement shall apply.
3. Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services based on Exhibit B and additional invoices or quotes issued by Vendor and approved by City, subject to a not to exceed amount set forth hereunder. The total compensation for Products and/or Services performed under this Purchase Agreement is not to exceed Two Hundred Forty Thousand Three Hundred Ninety-Six Dollars and Sixty Six Cents ($240,396.66).
4. Payment Terms . City shall pay Vendor’s invoices in full within 45 days after the date of the invoice, with interest accruing after the due date at the lesser of 1.5% per month or the highest lawful rate. In case of City’s default in payment Vendor shall, until arrangements as to payment or credit have been established, be entitled to: (i) cancel or suspend its performance of such order and/or (ii) withhold performance under this Purchase Agreement.
5. Insurance. Before beginning any installation work and continuing throughout the term of this Purchase Agreement, Vendor, at its sole cost and expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and maintains insurance in the following amounts:
A. Workers’ Compensation that satisfies the minimum statutory limits.
B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the Vendor, its personnel, agents or subcontractors.
The Commercial General Liability policy shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds with any City insurance as respects insurable liabilities assumed under this Purchase Agreement shall be secondary and in excess to Vendor’s insurance. If the Vendor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability.
The City Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding.
6. Prevailing Wage. If Prevailing Wages are applicable in carrying out the Terms of this Purchase Agreement in accordance with California law, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Exhibit A
[Rev:11/14/2016]
Internal Use - Confidential
same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Vendor or by any subcontractor shall receive the wages herein provided for. The Vendor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Vendor to each worker.
An error on the part of an awarding body does not relieve the Vendor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The City will not recognize any claim for additional compensation because of the payment by the Vendor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Vendor.
A. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Vendor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
B. Payroll Records. Each Vendor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Vendor in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.
7. 12. Payment of Employment Taxes; Tax Withholding. Vendor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Vendor must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit C. Unless Vendor provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Vendor as required by law. Vendor shall obtain and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Vendor accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Vendor’s withholding duty to City upon request.
8. Termination. A termination for convenience shall only be permitted if expressly agreed between the parties. Either party may terminate this Purchase Agreement for material breach by the other party if such other party has failed to cure such breach within a reasonable grace period of no less than 30 days as set forth by the other party in writing. In the event of termination, the City will pay the Vendor for Products and/or Services accepted in accordance with this Purchase Agreement prior to the date of termination.
9. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal action or proceeding.
10. Notice. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows:
Vendor:
Dell Marketing L.P. (“Dell”)
One Dell Way
Round Rock, Texas 78682
Legal Notices: [email protected]
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F
[Rev:11/14/2016]
Internal Use - Confidential
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
11. Assignment, Governing Law. Neither party may assign, transfer, or novate this Purchase Agreement without the other party’s written approval, which shall not be unreasonably withheld. Notwithstanding the foregoing: (i) Vendor may use affiliates or other qualified subcontractors to perform it obligations hereunder, provided that the relevant party shall remain responsible for the performance thereof; and (ii) either party may assign rights to payments arising without consent of the other party. This Purchase Agreement is governed by California law. The jurisdiction for any litigation arising from this Purchase Agreement shall be in the state of California and shall have venue in the County of San Mateo.
12. Severability. If any portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity shall not affect the validity of the remaining portions of this Purchase Agreement.
13. Entire Agreement. This Agreement, including the documents referenced in Section 2, represents the entire and integrated agreement between the Parties. This Purchase Agreement may be modified or amended only by a subsequent written agreement signed by both Parties.
14. Execution in Counterpart. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties.
CITY OF SOUTH SAN FRANCISCO DELL MARKETING L.P.
A Municipal Corporation
By:___________________________ By:___________________________ Mike Futrell, City Manager
Date: _________________________ Dates: ________________________ Approved as to Form:
__________________________
City Attorney Date
2729963.1
November 16, 2022
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F December 1, 2022 | 9:24:53 AM PST
December 1, 2022 | 11:40:36 AM PST
December 2, 2022 | 8:21:37 AM PST
• DEPARTMENT OF ADMINISTRATION
STATE OF MINNESOTA
Materials Management Division
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155
Voice: 651.296.2600
Fax: 651.297.3996
MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
.WITH
DELL MARKETING, L.P.
FOR
COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers and Storage including Related Peripherals & Services)
To: Dell Marketing L. P. . --Ai CONTRACT NO: MNWNC-108
One Dell Way I o11nJ SPMailstop 8TOi' flt'l.J-3.3 � ::,,-ju/'� Round Rock, TX 78682 /.?-;? .l/.r/.flCONTRACT PERIOD:
Contract Vendor Administrator: Diane
Wigington
Email: Diane· [email protected]
Phone: (512) 728-4805 THROUGH
EXTENSION OPTION:
April 1, 2015, or upon final
executed signatures,
· whichever is later
March 31, 2017
UP TO 36 MONTHS
You are hereby notified that your response to our solicitation, which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: • 1. A Participating Entity's Participating Addendum ("PA") A Participating Entity's Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead state's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement.; 2. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions); 3: The Solicitation; and4. the Contract Vendor's response to the Solicitation. These documents shaH be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby.
1. DELL MARKETING L. P.
The Contractor certifies that the appropriate person(s) have executed this Agreement on behalf of the Contractor as required By: by��,•�
Title:
Date:
By:
.iitle:
Date:
St�hanie G. Miller. . . �f\N
�:t�:ct Manager /Se.n ioc M.a.naee£
I lo February 2 015
1gna ure
2. MINNESOTA MATERIALS MANAGEMENT DIVISION
1,..-�-•1ao�>w_,_, � . � By:.� -
TIiie:
Date:
3. MINNESOTA COMMISSIONER OF ADMINISTRATION
By:
Date:
Or delegated representative.
. Original signed
MAR O 3 2015
By Lucas J. Jannett
1 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
Exhibit A DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F DEPARTMENT OF ADMINI:STRATION
COMPUTER EQUIPMENT
2014-2019
f
WSCA- NASPO' COOPERATIVE PURCHASING
ORGANIZATION
MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
TABLE OF CONTENTS
TABLE OF CONTENTS ...................................................................................................................................................... 2 SUMMARY .......................................................................................................................................................................... 3 EXHIBIT A- TERMS & CONDITIONS ................................................................................................................................ 5 EXHIBIT B - PRICING ....................................................................................................................................................... 24 EXHIBIT B - PRICING SCHEDULE .................................................................................................................................. 26 EXHIBIT C- PRODUCT AND SERVICE SCHEDULE (PSS) ........................................................................................... 27 EXHIBIT D- WEBSITE. ..................................................................................................................................................... 28 EXHIBIT E- ACTION REQUEST UPDATE FORM (ARF) ................................................................................................ 29 EXHIBIT F- REPORTING ................................................................................................................................................. 31 EXHIBIT G -DEFINITIONS ............................................................................................................................................... 32 2 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Ad1111n
~ lflinnssota
DEPARTMENT OF ADMINISTRATION
COMPUTER EQUIPMENT
2014-2019
MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
SUMMARY
1. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreement Award. After evaluation by a multi-state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for:
Computer Equipment (Desktops, Laptops, Tablets, Servers, and Storage including related Peripherals & Services.
The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement. The configuration limits and restrictions for this Master Agreement are provided below.
Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below:
Band 1: Desktop
Band 2: Laptop
Band 3: Tablet
Band 4: Server
Band 5: Storage
The original solicitation included Band 6: Ruggedized. This band has been removed and ruggedized equipment will be allowed in Bands 1-5. The original solicitation and responses may be found on the WSCA-NASPO Website.
2. EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, whichever is later, through March 31, 2017 with the option to extend up to 36 months, upon agreement by both parties. Contract Sales may not begin until the Website, Product and Service Schedule and third party products have been approved by the Master Agreement Administrator.
3. PARTICIPATION. All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums (PA) at the option of Participating States. Participating States reserve the right to add State specific terms and conditions and modify the scope of the contract in their Participating Addendum as allowed by the Master Agreement.
4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum.
The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule.
The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the purchase of multiple configurations (e.g. an entity could purchase 10 laptops@ $10,000 for a total purchase price of $100,000).
ITEM CONFIGURATION*
Server $500,000
Storage $500,000
Desktops $ 1 0, 000
Laptops $ 10,000
Tablets $ 5,000
Peripherals $ 5,000
Services Addressed by each State in participating addendum *Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT NO. MNWNC·108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F
5. RESTRICTIONS. The following restrictions apply to the Master Agreement. A Participating State may set further restrictions of products in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software
1. Software is restricted to operating systems and commercial off-the-shelf (COTS) software and is subject to equipment configuration limits.
2. Software is an option which must be related to the procurement of equipment.
3. Software must be pre-loaded or provided as an electronic link with the initial purchase of equipment.
4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment (Band 4&5) purchased, is allowed and may be procured after the initial purchase of equipment.
b. Services
1. Services must be related to the procurement of equipment.
2. Service limits will be addressed by each State.
3. Wireless phone and internet service is not allowed.
4. Cloud Services including acquisitions structured as managed on-site services are not allowed.
5. Managed Print Services are not allowed.
c. Third Party Products.
1. Contract Vendors can only offer Third Party Products in the bands they have been awarded.
2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d. Additional Product/Services
1. Hardware and software required to solely support wide area network (WAN) operation and management are not allowed.
2. Lease/Rentals of equipment may be allowed and will be addressed by each State.
3. Cellular Phone Equipment is not allowed.
4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer.
6. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating·state may be deployed. The participating State will define the process to add and remove partners in their participating addendum.
4 CONTRACT NO. MNWNC·108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F
DEPARTMENT OF ADMINISTRATION
COMPUTER EQUIPMENT
2014-2019
MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
EXHIBIT A - TERMS & CONDITIONS
MASTER AGREEMENT TERMS AND CONDITIONS
A. GENERAL TERMS, CONDITIONS & INSTRUCTIONS
1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the final Master Agreement, if acquisition action ensues. A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP must be included in the response. Any suggestions for alternate language shall be presented.
The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions. Any response which fails to comply with this requirement may be disqualified as nonresponsive.
All general proposal terms, specifications and WSCA-NASPO Terms & Conditions form a part of this RFP and will apply to any Master Agreements entered into as a result thereof.
2. CONFLICT OF TERMS/ORDER OF PRECEDENCE:
a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms & Conditions) c. The Solicitation including all Addendums; and
d. Contract Vendor's response to the Solicitation
These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving prioritY to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated.
3. ADDENDA TO THE RFP. Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum. Addenda will be numbered consecutively in the order they are issued.
4. AWARD. The award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, or by total lot, and where at its sole discretion the Lead State believes it will receive the best value. The Lead State reserves the right to award this solicitation to a single responder, or to multiple responders, whichever is in the best interest of the Lead State. It is the State's intent to award to multiple responders.
The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or toreissue the solicitation, whichever is in the best interest of the Lead State.
The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board.
5. CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder shall immediately notify the Acquisition Management Specialist in writing, as 5 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F specified in the introduction, of such error and request modification or clarification of the document. This notification is due no later than seven calendar days prior to the proposal due date and time.
Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents.
6. COMPLETION OF RESPONSES. A response may be rejected if it is conditional or incomplete. Responses that contain conflicting, false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder, may be rejected.
7. MASTER AGREEMENT ADMINISTRATOR. The Master Agreement Administrator designated by WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to:
Susan Kahle
Acquisition Management Specialist
Department of Administration
Materials Management Division
50 Sherburne Avenue
112 Administration Building
St. Paul, MN 55155
Fax: 651.297.3996
E-mail: [email protected]
8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR. All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected vendors are final.
By executing this Contract, the Contract Vendor certifies and agrees that all information provided in the Contract and in response to the solicitation will be made public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. .If the Contract Vendor submits information after execution of this Contract that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn. Stat. § 13.37, the Contract Vendor must:
a. clearly mark all trade secret materials at the time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State, its agents and employees, from any judgments awarded against the Lead State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting a response to the RFP, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the responder to be trade secret materials.
9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator prior to the opening due date and time. Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods:
notification by letter, fax or email, or posted on the Materials Management website, www.inmd.admin.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements, the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD) Assistant Director, and the MMD Director.
10. ELECTRONIC FILES TO DOWNLOAD, COMPLETE, AND RETURN. Responders must download a Word/Excel document.
11. ENTIRE AGREEMENT. A written Master Agreement (including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference) and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement.
6 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F
12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditions thereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. It is understood and agreed that the response, or any part thereof, when accepted by the appropriate department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota.
13. MATERIAL DEVIATION. A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions.
RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE
GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED.
A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that:
a. gives the responder taking the exception a competitive advantage over other vendors; or, b. gives the Lead State something significantly different from that which the Lead State requested.
14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected.
15. NOTICES. If one party is required to give notice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained. A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices to the Lead State shall be addressed as follows:
STATE OF MINNESOTA:
MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg.
50 Sherburne Avenue
St. Paul, MN 55155
651-296-2600
7 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F
MASTER AGREEMENT TERMS AND CONDITIONS
B. WSCA-NASPO TERMS AND CONDITIONS
1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one-tenth of one percent (0.1% or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on sales of products and services (less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal.
Additionally, some states may require an additional fee be paid directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements may not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee.
2. AGREEMENT ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents:
a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions) c. The Solicitation including all addendums; and
d. Contract Vendor's response to the Solicitation
These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated.
3. AMENDMENTS. The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Master Agreement Administrator. ·
4. ASSIGNMENT OF ANTITRUST RIGHTS. Contract Vendor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contract Vendor now has or which may accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Contract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action.
5. ASSIGNMENT/SUBCONTRACT. Contract Vendor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator.
6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default may be immediate if defaults cannot be reasonably cured as allowed per Default and Remedies term.
7. CONFIDENTIALITY. NON-DISCLOSURE AND INJUNCTIVE RELIEF. NEGOTIATED.
7.1 Confidentiality. The parties acknowledges that they and their employees or agents may, in the course of providing the Product and Services under this Master Agreement, be exposed to or acquire information that is confidential . Any and all information of any form that is marked as confidential or would by its nature be deemed 8 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F confidential obtained in the performance of this Master Agreement, including, but not necessarily limited to (a) any Participating Entity records, (b) personnel records, (c) information concerning individuals, (d) software, (e) product plans, (f) marketing and sales information, (g) customer lists, and (h) "know-how," or trade secrets, is confidential information ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information shall be treated in the same manner as the Confidential Information.
Confidential Information does not include information that (a) is or becomes (other than by disclosure by disclosing party) publicly known; (b) is rightfully furnished by the disclosing party to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in .recipient party's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than disclosing party without the obligation of confidentiality, (e) is disclosed with the written consent of disclosing party or; (f) is independently developed by employees, agents or subcontractor of the parties who can be shown to have had no access to the Confidential Information
7.2 Non-Disclosure. The parties shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. The parties shall use commercially reasonable efforts in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, parties shall advise each other immediately if they learn or have reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and shall at their expense cooperate in seeking injunctive or other equitable relief against any such person. Except as directed in writing , the parties will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement the parties shall turn over all documents, papers, and other matter in the recipient party's possession that embody Confidential Information. Notwithstanding the foregoing, the recipient party may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement.
7.3 Injunctive Relief. The parties acknowledge that breach of this Section, including disclosure of any Confidential Information, may cause irreparable injury that is inadequately compensable in damages. Accordingly, the injured party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. The parties acknowledge and agree that the covenants contained herein are necessary for the protection of the legitimate business interests and are reasonable in scope and content.
7.4 Participating Entitv is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws.
8. DEBARMENT. The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction (Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a written explanation for review by WSCA-NASPO.
In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding, to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity, the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 20, Minnesota Terms and Conditions
9. DEFAULTS & REMEDIES.
a. The occurrence of any of the following events shall be an event of default under this Master Agreement:
i. Nonperformance of contractual requirements; or
ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or
iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or
v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole 9 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis.
Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies:
i. Exercise any remedy provided by law; and
ii Terminate this Master Agreement and any related Master Agreements or portions thereof; and iii Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and
vi. Withhold payment until the default is remedied.
d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code.
10. DELIVERY. Unless otherwise indicated in th<;> Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders.
11. FORCE MAJEURE. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement.
12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreements shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State.
13. INDEMNIFICATION. DELETED SEE SECTION 2C17.
14. INDEMNIFICATION -INTELLECTUAL PROPERTY. DELETED SEE SECTION 2C17.
15. INDEPENDENT CONTRACT VENDOR. The Contract Vendor shall be an independent Contract Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein.
16.1NDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities.
The Contract Vendor will apply the charges and invoice each Purchasing Entity individually.
11. INSURANCE. Except to the extent modjfied by a Participating Addendum, Contract Vendor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. 10 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories:
a. Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate;
b. Contract Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements.
Contract Vendor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor.
Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that (i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty (30) days prior written notice, and (iii) provides that the Contract Vendor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory.
Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section.
Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination.
Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement.
18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations.
19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED- SEE SECTION 2830 FOR REVISED TERM ADDRESSING TITLE OF PRODUCT.
20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract.
If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court of the Participating Entity's State.
21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels (if possible), packing slips, invoices, and on all correspondence.
22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement.
It is a nonprofit cooperative purchasing organization assisting states in administering the WSCA/NASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.,) for all 50 states and the District of Columbia. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will be permissive.
23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official.
24. PAYMENT. Payment for completion of an order under this Master Agreement is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month 11 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge.
25. PUBLIC INFORMATION. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws.
26. RECORDS ADMINISTRATION AND AUDIT. The disclosure of records in Participating States relating to Participating addenda and orders placed against the Master Agreement shall be governed by the laws of the Participating State and entity who placed the order.
The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, 'examinations, excerpts, and transcriptions. This right shall survive for a period of five (5) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder.
Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records.
The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations.
Records will be retained longer if required by Participating Entity's law.
27. REPORTS- SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly Sales/Administrative Fee Reporting Tool found at http://www.naspo.org/WNCPO/Calculator.aspx. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than the last day of the month following the end of the calendar quarter (as specified in the reporting tool).
b. Detailed Sales Data. Contract Vendor shall also report detailed sales data by: state; entity/customer type, e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing Entity bill-to and ship-to locations; Purchasing Entity and Contract Vendor Purchase Order identifier/number(s); Purchase Order Type (e.g., sales order, credit, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development Team electronically through email; CO-Rom, jump drive or other electronic matter as determined by the Lead State.
Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in Section 6, Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO 12 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section.
28. ACCEPTANCE AND ACCEPTANCE TESTING.
A. Acceptance. Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) shall determine whether all Products and Services delivered meet the Contractor's published specifications (a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within thirty (30) calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 31 ' 1 day after delivery of
Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing.
B. Acceptance Testing. The Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable, the terms regarding Acceptance in the Contract shall prevail.
29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a 'system' is defined at the time of the Order; otherwise the rights of the Purchasing Entity shall be governed by the Warranty.
30. TITLE OF PRODUCT. NEGOTIATED.
OWNERSHIP
a. Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents, whether in tangible or electronic forms, prepared by the Contract Vendor in the performance of its obligations under the Master Agreement and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion, termination or cancellation of the Master Agreement. The Contract Vendor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity.
b. Rights, Title and Interest. All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contract Vendor conceives or originates, either individually or jointly with others, which arises out of the performance of the Master Agreement, will be the property of the Purchasing Entity and are, by the Master Agreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials. Where applicable, works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered "works for hire" as defined in the U.S. Copyright Act. c. Notwithstanding the above, the Purchasing Entity will not own any of the Contract Vendor's pre-existing intellectual property that was created prior to the Master Agreement and which the Purchasing Entity did not pay the Contract Vendor to create. Subject to payment in full for the products, equipment or services, the Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non-exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Master Agreement. Contract Vendor will retain all right, title and interest in and to all Intellectual Property Rights in or related to the services, or tangible components thereof, including but not limited to (a) all know-how, intellectual property, methodologies, processes, technologies, algorithms, software or development tools used in performing the services, and (b) such ideas, concepts, know-how, processes and reusable reports, designs, charts, plans, specifications, documentation, forms, templates or output which are developed, created or otherwise used by or on behalf of Contract Vendor in the course of performing the services 13 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F or creating the deliverables, other than portions that specifically incorporate proprietary or Confidential Information or data of Ordering Entity (collectively, the "ResiduaiiP"), even if embedded in the deliverable.
31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing.
Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order.
32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a) the Product performs according to the specifications (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is designed and manufactured in a commercially reasonable manner, and (d) the Product is free of defects.
For third party products sold by the Contract Vendor, the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numqers and assist the customer in engaging the manufacturer on warranty and maintenance issues.
Upon breach of the warranty, the Contract Vendor will repair or replace (at no charge to the Purch11sing Entity) the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court,
33. LIMITATION OF LIABILITY. NEGOTIATED.
A. CONTRACT VENDOR WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIV~:. SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, SOFTWARE OR SERVICES PROVIDED HEREUNDER. EXCEPT FOR YOUR BREACH OF PAYMENT 0)3LIGATIONS OR CONFIDENTIALITY REQUIREMENTS, NEITHER PARTY SHALL HAVE LIABILITY FORTH~ FOLLOWING:
(1) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (2) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (3) LOSS Of BUSINESS OPPORTUNITY; (4) BUSINESS INTERRUPTION OR DOWNTIME; OR (5) DELIVERABLES, DELL PRODUCTS OR THIRD-PARTY PRODUCTS NOT BEING AVAILABLE FOR USE.
B. CONTRACT VENDOR'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT AND ALL PARTICIPATING ADDENDA SOURCEO FROM THIS
MASTER AGREEMENT (INCLUDING ANY PRODUCTS, SOFTWARE, OR SERVICES PROVIDED HEREUNDER) SHALL NOT EXCEED THE AGGREGATE AMOUNT OF TEN MILLION DOLL.ARS ($10,000,000).
C. THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS fOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE.
THE PARTIES AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIPNS OF RISK
CONSTITUTING IN PART THE CONSIDERATION FOR CONTRACT VENDOR'S SALE OF PRODUCTS, SOFTWARE OR SERVICES TO ORDERING ENTITY, AND SUCH LIMITATIONS WILL APP(.. Y
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
34. SERVICE AGREEMENTS. NEGOTIATED. Contract Vendor may provide Services, Software or Deliverables to you in accordance with one or more "Service Agreements." "Service Agreements" are service contract~. including "Service Descriptions" available at www.dell.com/servicecontracts/us, "Statements of Work," and any other· such mutually agreed upon documents. Each Service Agreement will be interpreted as a single agreement, independent of any other Service Agreement, so that all of the provisions are given as full effect as possible.
Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of !he Participating Addendum or the Master Agreement, and to the extent the terms are not in conflict with the Participating Entities' applicable laws. In the event of conflict the terms and conditions, the Participating Addendum, ancl then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the 14 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F foregoing, licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing.
35. SOFTWARE LICENSE. NEGOTIATED. Software (defined as any software, library, utility, tool, or other computer or program code, in object (binary) or source-code form as well as the related documentation provided by Contract Vendor to Purchasing Entity) is subject to the separate license agreements accompanying the Software, along with any product guides,' operating manuals, or other documentation included with the software media packaging or presented to Purchasing Entity during the installation or use of the Software. Purchasing Entity agrees that it will be bound by such license agreement.
Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms are not in conflict with the Participating Entities' applicable laws. In the event of conflict the terms and conditions, the Participating Addendum, and then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the foregoing, licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing.
36. EXPORT COMPLIANCE. NEGOTIATED. Contract Vendor, Lead State and Purchasing Entities acknowledge that products (including software) sold or licensed under this Master Agreement are subject to the export control laws and regulations of the United States and other countries from which they were supplied and in which they are used and Purchasing Entity agrees to abide by those laws and regulations. Purchasing Entity warrants that any software provided by it and used as a part of the services supplied by Contract Vendor under this Master Agreement contains no encryption or to the extent that it contains encryption such software is approved for export under the relevant laws or regulations.
37. RETURNS AND EXCHANGES. NEGOTIATED. Contract Vendor's return policy can be found at www.dell.com/returnspolicy and applies to any returns and exchanges. Before returning or exchanging a Product, Purchasing Entity must contact Contract Vendor directly to obtain an authorization number to include with the return.
Purchasing Entity must return Products to Contract Vendor in their original or equivalent packaging, and Purchasing Entity is responsible for risk of loss, as well as shipping and handling fees. Additional fees, including up to a 15% restocking fee, may apply. Restocking fees must be approved by the customer. If Purchasing Entity fails to follow the return or exchange instructions provided by Contract Vendor, Contract Vendor will not be responsible for any loss, damage, or modification of a Product, or processing of a Product for disposal or resale. Credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing associated with the original purchase. This restocking fee shall not apply in the case of Contract Vendor error. 15 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F
MASTER AGREEMENT TERMS AND CONDITIONS
C. MINNESOTA TERMS AND CONDITIONS
1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if acquisition action ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and conditions.
2. ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1, 2010, which entails, in part, the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A-D which can be viewed at http://www.mmd.admin.state.mn.us/pdf/accessibility standard.pdf Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered, VPATS are only to be provided upon request by the participating entity.
Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS) for all products offered in its response. Click here for link to VPATS for both Section 508 VPAT and WCAG 2.0 VPAT http://mn.gov/oet/policies-and-standards/accessibility/#.
3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and in writing. Any employee of the Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee.
4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required by law.
5. AMERICANS WITH DISABILITIES ACT (ADA). DELETED.
6. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof, the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section.
7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section.
8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transactions.
Instructions for certification:
1. By signing and submitting this proposal, the prospective lower tier participant [responder] is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal [response] is submitted if at any time the prospective lower tier participant learns that its certification 16 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F was erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFRpart 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions.
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
9. CHANGE REQUESTS. The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products introduced during the term of the Master Agreement shall go through a formal review process. A formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement. The Contract Vendor shall evaluate and recommend products for which agencies have an _expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement as well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Agreement.
In the event that the Lead State desires to add new products and services that are not included in the original Master Agreement, the Lead State requires that independent manufacturers and resellers cooperate with the already established Contract Vendor in order to meet the Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or 17 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval.
10. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www.sec.gov/rules/final/2012/34-67716.pdf.
11. COPYRIGHTED MATERIAL WAIVER. The Lead State reserves the right to use, reproduce and publish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respond to request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to emailing, photocopying, State lntranet/lnternet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response, the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the Lead State in the defense of any such action.
12. EFFECTIVE DATE. Pursuant to Minnesota law, the Master Agreement arising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement.
13. FOREIGN OUTSOURCING OF WORK. Upon request, the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed.
14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition, the Minnesota GovE>rnment Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch).
In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State.
The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work.
15. HAZARDOUS SUBSTANCES. To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations, the Contract Vendor must provide Material Safety Data Sheets regarding those substances. A copy must be included with each delivery.
16. HUMAN RIGHTS/AFFIRMATIVE ACTION. The Lead State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than 18 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. § 363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers.
AFFIRMATIVE ACTION FOR DISABLED WORKERS
(a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
(b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees.
(e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State.
19 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency.
17. INDEMNIFICATION. NEGOTIATED. The Contract Vendor shall indemnify, protect, save and hold harmless the Lead State and the Participating Entity, its representatives and employees, from any and all third party claims or causes of action for personal bodily injury, including death, and damage to tangible personal property, including all legal fees incurred by the Lead State and the Participating Entity arising from the negligence in the performance of the Master Agreement by the Contract Vendor or its agents, employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement.
If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity.
18. INTELLECTUAL PROPERTY INDEMNIFICATION. NEGOTIATED In the event of any such claim by any third party against the Participating Entity that Products, Software, Services or Deliverables (excluding Third-Party Products and open source software) prepared or produced by Dell and delivered pursuant to this Agreement infringe or misappropriate that third party's U.S. patent, copyright, trade secret, or other intellectual property rights ("Indemnified Claims"), the Participating Entity shall promptly notify the Contract Vendor. The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability (including legal fees) arising out of such a claim, whether or not such claim is successful against the Participating Entity.
If Contract Vendor receives prompt notice such a claim that in the ContractVendor's opinion is likely to result in an adverse ruling, the Contract Vendor shall at its option (1) obtain a right for the Participating Entity to continue using such Products, Deliverables or Software or allow Contract Vendor to continue performing the Services; (2) modify such Products, Software, Services or Deliverables to make them non-infringing; (3) replace such Products, Software, Services or Deliverables with a non-infringing equivalent; or (4) refund any pre-paid fees for the allegedly infringing Services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing Product, Deliverables or Software.
Notwithstanding the foregoing, Contract Vendor shall have no obligation under this Section for any claim resulting or arising from (1) modifications of the Products, Software, Services Deliverables that were not performed by or on behalf of Contract Vendor; (2) the combination, operation, or use of the Products, Software, Services or Deliverables in connection with a third-party product, software or service (the combination of which causes the claimed infringement); or (3) Contract Vendor's compliance with Participating Entity's written specifications or directions, including the incorporation of any software or other materials or processes provided by or requested by Participating Entity. Contract Vendor's duty to indemnify and defend under this Section is contingent upon: (x) Contract Vendor receiving prompt written notice of the third-party claim or action for which Contract Vendor must indemnify Participating Entity, (y) Contract Vendor having the right to solely control the defense and resolution of such claim or action, and (z) Participating Entity's cooperation with Contract Vendor in defending and resolving such claim or action.
This Section states Participating Entity's exclusive remedies for any third-party intellectual property claim or action, and nothing in this Agreement or elsewhere will obligate Contract Vendor to provide any greater indemnity to Participating Entity.
19. JURISDICTION AND VENUE. This RFP and any ensuing Master Agreement, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof.
20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State.
21. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat.§ 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards :
20 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and
d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.
These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired.
22. NOTICE TO RESPONDERS. Pursuant to Minn. Stat. § 270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number. This information may be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations.
23. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons:
• a Contract Vendor is unable or potentially unable to render impartial assistance or advice to the State; • the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage.
The Contract Vendor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator, the State may terminate the Master Agreement for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract,""Contract Vendor," "Master Agreement", "Master Agreement Administrator'' and "Contract Administrator" modified appropriately to preserve the State's rights.
24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY.
Contract Vendor assures all of its Network Components, Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard ("PCIDSS"). "Network Components" shall include, but are not limited to, Contract Vendor's firewalls, switches, routers, wireless access points, network appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) applications. "Servers" shall include, but are not limited to, all of Contract Vendor's web, database, authentication, DNS, mail, proxy, and NTP servers. "Cardholder Data" shall mean any personally identifiable data associated with a cardholder, including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number.
Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services, or for other uses specifically required by law. Contract Vendor must have a business continuity program which confonms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations; will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security 21 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F review of Contract Vendor's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS.
25. PERFORMANCE WHILE DISPUTE IS PENDING. Notwithstanding the existence of a dispute, the parties shall continue without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party.
26. PREFERENCE.
Targeted/Economically Disadvantaged.ln accordance with Minn. Stat. § 16C.16, subds. 6 and 7, eligible certified targeted group (TG) businesses and certified economically disadvantaged (ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first $500,000 of the response to the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time.
To verify TG/ED certification, refer to the Materials Management Division's web site at www.mmd.admin.state.mn.usunder "Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference, refer to the Materials Management Division's web site under "Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's Helpline at 651.296.2600.
Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7, the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included in this sol(citation and include it in your response.
Veteran. In accordance with Minn. Stat.§ 16C.16, subd. 6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by:
(1) recently separated veterans who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the person's United States Department of Defense form DD-214 or by the commissioner of veterans affairs; (2) veterans with service-connected disabilities, as determined at any time by the United States Department of Veterans Affairs; or
(3) any other veteran-owned small businesses certified under section 16C.19, paragraph (d).
In accordance with Minn. Stat.§ 16C.19 (d), a veteran-owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74.
To receive a preference the veteran-owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to the first $500,000 of the response.
If responder is claiming the veteran-owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran-owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference.
27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201.2413 between the hours of 8:00 a.m. to 4:30 p.m. to arrange this.
28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division.
The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Master Agreement without the prior written consent of the 22 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices.
29. PURCHASE ORDERS. NEGOTIATED. The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.). The Ordering Entity's purchase order constitutes a binding contract.
Unless otherwise expressly agreed between a Purchasing Entity and the Contract Vendor, any preprinted terms on the Purchasing Entity's purchase order shall be given no force or effect and no terms of a purchase order that conflict with this Master Agreement or the Participating Addendum shall be binding on Contract Vendor.
30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to:
a. reject any and all responses received;
b. select, for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable; and f. terminate negotiations and select the next response providing the best value for the State, prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations fail to result in a successful Master Agreement.
31. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent.
32. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed.
33. STATE AUDITS (Minn. Stat.§ 16C.05, subd. 5). The books, records, documents, and accounting procedures and practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s) to audit this Master Agreement and transactions.
34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs:
Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property Indemnification, and Admin Fees.
35. TRADE SECRET/CONFIDENTIAL INFORMATION. Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat.§ 13.37 23 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F
DEPARTMENT OF ADMINI-STRATION
COMPUTER EQUIPMENT
2014-2019
MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
EXHIBIT 8 - PRICING
1. BAND(S) AWARDED: Band 1: Desktop Band 2: Laptop Band 3: Tablet Band 4: Server Band 5: Storage.
2. PRICE STRUCTURE. The contract employs a MINIMUM discount-off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all "quantity one" procurements. An end user will be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement.
3. PRICE GUARANTEE. These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement.
4. BASELINE PRICE LIST. The Base Line Price is designated in the Pricing Discount Schedule. The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract Vendor Website. All historic versions of the Baseline Price List must be made available upon request pursuant to the audit provisions.
5. PRODUCT AND SERVICE SCHEDULE (PSS). The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the Contract Catalog.
The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list.
The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions.
6. CHANGES TO THE PSS. Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed.
7. BULKNOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities are requested.
Additional savings are expected when competing awarded vendors for volume pricing.
8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers.
9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six months (May and November). Refresh schedule is subject to change. See current configurations:
http:/lwww.wnpsp.com/index.html. States and other Participating Entities can choose to purchase these packages without any signing additional documents.
10. TRADE-IN. Trade-In Programs are the option of the Participating Entity. The Participating Addendum by each State may address the allowance of Trade-Ins.
11. SERVICES. Services are at the option of the Participating Entity. The Participating Addendum by each State may address service agreement terms and related travel.
24 CONTRACT NO. MNWNC·10B MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F
12. LEASING. The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authority to enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted.
13. FREIGHT. All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver-to" address has no receiving dock or agents, the Contract Vendor must be able to deliver to the person specified on the PO without additional cost. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine if the additional cost will affect the decision to utilize the Contract Vendor.
14. DELIVERY. Delivery of ordered product should be completed within thirty (30) calendar days after receipt of an order, unless otherwise agreed to by the ordering agency.
25 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F c.
Adntbt
~.lflinnsstJta DEPARTMENT OF ADMINIStRATiON
COMPUTER EQUIPMENT
2014-2019
MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
EXHIBIT B - PRICING SCHEDULE
may .purchase warranty
purchases of Category 0 Services, Dell will offer a 13.5% discount. 26 CONTRACT NO. MNWNC·10B MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F
DEPARTMENT OF ADMINISTRATION
COMPUTER EQUIPMENT
2014-2019
MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS)
1. MAINTAINING THE PSS. The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions.
The Contract Vendor will work to develop a PSS satisfactory to the Lead State prior to the start of sales and containing the following information:
a. Band number
b. Part# - SKU #
c. Manufacturer
d. Description
e. Minimum Discount
f. Category Code (This code will be refined during the approval process) g. Other fields approved by the Lead State
2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed.
3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award.
Suggested format is provided below:
MANUFACTURER NAME
BASELINE PRICE LIST: ------------ DATE: ___________ _
LINK:------------------
BAND Part#- SKU# MANUFACTURER DESCRIPTION MINIMUM CATEGORY
DISCOUNT CODE
1 XYZ ABC DESKTOP 60% 1M
2 550 zzzzzzz LAPTOP CART 10% 2TM
3 123A ABC SUPER TABLET 25% 3A
4. THIRD PARTY PRODUCTS: A list of third party products is to be submitted to the Lead State. Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include:
a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. ContractVendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues.
d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved.
27 CONTRACT NO. MNWNC·108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Adhl1:h 'Minnesota
DEPARTMENT OF ADMINISTRATION
COMPUTER EQUIPMENT
2014-2019
MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
EXHIBIT D -WEBSITE
1. IMPLEMENTATION. Within 30 calendar days of Master Agreement award, the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect, the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is approved, the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form. The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies.
2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above.
a. Baseline Price List and historic versions
b. Approved Product and Service Schedule (PSS)
c. Product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote
d. Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved
e. Link to the WSCA-NASPO EmarketCenter
f. Online ordering capability with the ability to remember multiple ship to locations if applicable to product g. Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns
h. Sales representatives for participating entities
i. Purchase order tracking
j. Available Twenty-four (24) hours per day, seven (7) days per week availability, except for regularly scheduled maintenance
k. Additional Terms may not be posted on the Website without written approval of the Lead State I. Link to the WSCA-NASPO EmarketCenter if a State is participating • m. Information on accessibility and accessible products n. If participating in Premium Savings Package Program, lead with these products and display prominently on the website
o. Links to environmental certification, including but not limited to take-back/recycling programs, p. Information regarding the use of Conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www.sec.gov/rules/final/2012/34-67716.pdf q. Service options, service agreements for negotiations when allowed by a participating addendum r. EPEAT, Energy Star, etc.
s. Link to Signed Participating Addendums
t. Link to Signed Master Agreement
u. Link to solicitation and Response
3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 28 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Ad1111n 'lllinnssota
DEPARTMENT OF ADMINISTRATION
COMPUTER EQUIPMENT
2014-2019
MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
EXHIBIT E- ACTION REQUEST UPDATE FORM (ARF)
The Action Request Form (ARF) provided in this document must be utilized by the Contract Vendor to provide quarterly updates of PSS and to make requests. The Action Request Forms may be reviewed quarterly by the Lead State.
DATE:
ATTN: WSCA-NASPO Master Agreement Administrator
RE: Master Agreement # ____ with ____________________ (Contract Vendor) Dear WSCA-NASPO Master Agreement Administrator:
---;:---;-;---..,.----;--:-,...-;--------- (Contract Vendor) is providing the following update and/or requesting the action noted below.
Action Requested:
Action Log: ______ Verify Log is attached
SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION:
_Update of Product & Service Schedule Provide summary of additions, deletions and pricing changes.
NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed _Third Party Product Addition Provide warranty Guarantee _Marketing Approval Attach Materials for review
_Material Website Change Describe and provide link for review _Miscellaneous Inquiry Provide detail (e.g. key contact change, etc.) The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for compliance. Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion.
Contract Vendor: Name of Requester:
Title of Requester: --------------
29 CONTRACT NO. MNWNC·108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Admtn --Minnesota
DEPARTMENT OF ADMINISTRATION
COMPUTER EQUIPMENT
2014-2019
MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
EXHIBIT E -ACTION REQUEST FORM (ARF)
ACTION REQUEST FORM
LOG
Submit updated Action Log with each .update. Log must provide history of previous update.
CONTRACT VENDOR:. _________ _
Contact Name and Email (for questions):. ____________ _ DATE: ______ _
DATE ACTION REQUESTED: DATE
SUBMITTED APPROVED
'
30 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F
DEPARTMENT OF ADMINISTRATION
COMPUTER EQUIPMENT
2014-2019
MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
EXHIBIT F - REPORTING
1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided.
2. DUE DATE: Reports shall be due no later than the last day of the month following the end of the calendar quarter . ... . ····· .. · FRO.M',o''•.;.' ]"0 . .·. DUE .. :•
Q1 Januarv 1 March 31 April30
Q2 April1 June 30 Julv 31
Q3 July 1 September 30 October 31
04 October 1 December 31 January 31
3. REQUIRED REPORTS:
Report Name Submitted to Purpose & Submittal
1 WSCA-NASPO Administrative Fee WSCA- Identify total sales and administrative fee due to WSCANASPO NASPO 1) Go to: htt(l://www.nas!lo.org/WNCPO/Calculator.as!lx 2) Complete all contract report infonmation fields
3) Enter total sales per State or Select "no sales for quarter" checkbox
4) Click on Submit button
2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a portal. No modifications may be made by the Contract Vendor to the template. This report may also fulfill the reporting requirements of self audits, premium savings sales, and Bring Your Own Device Employee Sales.
3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State.
States may require additional reporting.
4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO.
5 Premium Saving Package (PSP) PSP Lead Additional reporting may be requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit
31 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Admin / lflinnsstJta
DEPARTMENT OF ADMINISTRATION
COMPUTER EQUIPMENT
2014-2019
MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
EXHIBIT G - DEFINITIONS
Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing.
Accessory. Accessories do not extend the functionality of the computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals.
Bands: For the purpose of this solicitation, there are six product bands which may be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product. Responder may receive an award in one or more bands for which they manufacture a product based on the evaluation.
BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 2) display monitor and 3) input devices usually a keyboard and a mouse. All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band.
BAND 2: LAPTOP. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touch pad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included under laptops.
Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the Product and Service Schedule for this band.
BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service Schedule for this band.
BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band.
BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band.
ElAND 6: RUGGEiDI:<:I!D DI!IJICEiS R~ggeEiizeEI releFS te devises s~esilisally ElesigReEite e~erate reliaBly iR harsh ~sage eR>JirGRmeRts aREI seRditieRs, sYsh as streRg viBratieRs, el!treme tem~eratYres aREI wet er EIYsty seREiitieRs. RYggedized Devises may alse Be ellered YA€ier BaREis 1 e elthe Master AgreemeRI. BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS.
Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources, software and information are provided to computers and other devices as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor.
Components. Parts that make up a computer configuration.
Configuration. The combination of hardware and software components that make up the total functioning system.
Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 32 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F 2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band.
Energy Star®. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. Energy Star qualified computers and monitors automatically power down to 15 watts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specifications and a list of qualifying products, visit the Energy Star website at http://www:energystar.gov.
EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard- the IEEE 1680 EPEAT standard- and website www.epeat.net to identify products manufacturers have declared as meeting the standard. EPEAT provides a clear and consistent set of performance criteria for the design of products. It is not a third-party certification program. Instead, Manufacturers self-certify that their products are in conformance with the environmental performance standard for electronic products.
FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required.
FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document.
General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying laws, rules, policies and procedures surrounding general consulting which need adherence. Minnesota Statute section 16C.08 defines general consulting for the State of Minnesota. https://www.revisor.mn.gov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. Laptop Band may include notebooks, ultrabooks, and netbooks. Computers with mobile operating systems will also be included under the Laptop Band.
Lead State. The State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply to this procurement.
Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment.
Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor.
Middleware. Middleware is the software "glue" that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software.
Options. An item of equipment or a feature that may be chosen as an addition to or replacement for standard equipment and features.
Order. A purchase order, sales order, or other document used by a Purchasing Entity to order the Equipment.
Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity (e.g., ordering procedures specific to a Participating State) and may add other state-specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon.
Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation.
Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program, in some cases, local governments, political subdivisions or other entities in a State may be authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state.
Partner. A company, authorized by the Contract Vendor and approved by the Participating State, to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and conditions of the Contract Vendor's Master Agreement. In the RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, subcontractors, partners, fulfillment partners, channel partners, business partners, servicing subcontractor, etc.
Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories.
Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and 33 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F maintenance for all peripherals on the Master Agreement. Examples of peripherals/accessories/options: Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are allowed to be offered as peripherals/accessories/options and may be offered in any related band.
Per Transaction Multiple Unit Discount. A contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase.
Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to maintain and upgrade (keep pace with the advance of technology) the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract. See http://www.wnpsp.com/index.html.
Purchasing Entity- means a state, city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues an order against the Master Agreement and becomes financially committed to the purchase.
Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions.
Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to:
warranty services, maintenance, installation, de-installation, factory integration (software or equipment components), asset management, recycling/disposal, training and certification, pre-implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES.
Server. This is Band 4 of this solicitation. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band.
Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band.
Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network (or subnetwork) that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users.
Storage as a Service (STaaS). An architecture model by which a provider allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis. E.g., manage onsite or cloud services.
Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode, firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and documentation, including new releases, updates, and modifications of software.
Tablet. This is Band 3 of this solicitation. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable.
Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life.
Third Party Products. Products sold by the Contract Vendor which are manufactured by another company.
Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version.
Warranty. The Manufacturers general warranty tied to the product at the time of purchase.
Wide Area Network or WAN. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers.
WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501 (c)(3) limited liability company that is a subsidiary organization of the National Association of State Procurement Officials (NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and rnay be performing contract administration functions as assigned by the Lead State Contract Administrator. 34 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 May 12, 2022
Renee Brand
Dell Marketing L.P.
One Dell Way
Mailstop RR1-33 Legal
Round Rock, TX 78682
Dear Ms. Brand:
Amendment No. 4 to NASPO Master Agreement No. MNWNC-108 is enclosed for 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 20, 2022.
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: Cyndi Radel
Greg Garritty
Mike Hendrix
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
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 4 to NASPO Master Agreement MNWNC-108
AMENDMENT NO. 4 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”).
WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, 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-108 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. Dell Marketing L.P.
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:
Signature
Printed Name
Title:
Date:
By:
Signature
Printed Name
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:
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.
To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.
Quote No. 3000134721843.1
Total $53,562.98
Customer # 5513107
Quoted On Oct. 26, 2022
Expires by Nov. 25, 2022
Contract Name Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement # MNWNC-108/7157034003
Deal ID 24235947
Sales Rep Jessica Fabac
Phone (800) 456-3355, 6180224
Email [email protected]
Billing To CITY OF SOUTH SAN FRANCISCO
CITY OF SOUTH SAN FRANCISCO
400 GRAND AVE
SOUTH SAN FRANCISCO, CA
94080-3698
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you are ready to place an order. Thank you for shopping with Dell! Regards,
Jessica Fabac
Shipping Group
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080-
3725
(650) 829-3923
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
OptiPlex 7000 MFF $877.00 50 $43,850.00
Dell Micro AIO Stand – MFS22 $69.99 50 $3,499.50
Dell Stereo Soundbar - AC511M $27.99 50 $1,399.50
EXHIBIT B DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$48,749.00
$0.00
$0.00
$0.00
$48,749.00
$4,813.98
$53,562.98
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Shipping Group Details
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080- 3725
(650) 829-3923
Shipping Method
Standard Delivery
Quantity Subtotal
OptiPlex 7000 MFF
Estimated delivery if purchased today:
Nov. 04, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$877.00 50 $43,850.00
Description SKU Unit Price Quantity Subtotal
OptiPlex 7000 Micro 210-BCTH - 50 -
12th Generation Intel Core i7-12700T (12 Cores/25MB/20T/1.4GHz to
4.7GHz/35W) 338-CCYH
- 50 - Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish 619-AQMP
- 50 -
No Microsoft Office License Included 658-BCSB - 50 -
16GB (1x16GB) DDR4 Non-ECC Memory 370-AFWB - 50 - M.2 2230 512GB PCIe NVMe Class 35 Solid State Drive 400-BEUX - 50 - M2X3.5 Screw for SSD/DDPE 773-BBBC - 50 - NO RAID 817-BBBN - 50 - OptiPlex 7000 Micro with 35 W CPU 329-BGNJ - 50 - 130 Watt A/C Adapter 450-ALFN - 50 - US Power Cord 450-AAZN - 50 - Intel Wi-Fi 6E 2x2 AX211 Bluetooth 5.2 Wireless Card 555-BHDU - 50 - Internal Antenna 555-BHDV - 50 -
Intel Wi-Fi AX211 555-BHNI - 50 - Optional Serial Port 382-BBIZ - 50 - Dell Pro Wireless Keyboard and Mouse - KM5221W - English - Black 580-AJJG - 50 - Mouse included with Keyboard 570-AADI - 50 - No Cable Cover 325-BCZQ - 50 - SupportAssist 525-BBCL - 50 - Dell(TM) Digital Delivery Cirrus Client 640-BBLW - 50 - Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps) 658-BBMR - 50 - Waves Maxx Audio 658-BBRB - 50 - Dell SupportAssist OS Recovery Tool 658-BEOK - 50 - Dell Optimizer 658-BEQP - 50 - IRST Driver 658-BFKI - 50 - ENERGY STAR Qualified 387-BBLW - 50 - Dell Watchdog Timer 379-BESJ - 50 -
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Quick Start Guide 340-CYKP - 50 - Print on Demand Label 389-BDQH - 50 - Trusted Platform Module (Discrete TPM Enabled) 329-BBJL - 50 - Shipping Material 340-CQYN - 50 - Shipping Label 389-BBUU - 50 - Regulatory Label for OptiPlex 7000 Micro 130W 389-ECQQ - 50 - Intel Core i7 vPro Enterprise Processor Label 389-EDDR - 50 - Desktop BTS/BTP Shipment 800-BBIP - 50 - Fixed Hardware Configuration 998-FQNR - 50 -
Internal Speaker 520-AAVE - 50 - No Option Included 340-ACQQ - 50 - EPEAT 2018 Registered (Gold) 379-BDZB - 50 - Intel vPro Enterprise 631-ADGI - 50 - SMALL BUSINESS 379-BESP - 50 - Dell Limited Hardware Warranty Plus Service 812-3886 - 50 - Onsite/In-Home Service After Remote Diagnosis 3 Years 812-3887 - 50 - Quantity Subtotal Dell Micro AIO Stand – MFS22
Estimated delivery if purchased today:
Nov. 02, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$69.99 50 $3,499.50
Description SKU Unit Price Quantity Subtotal
Dell Micro AIO Stand – MFS22 452-BDUB - 50 - Quantity Subtotal Dell Stereo Soundbar - AC511M
Estimated delivery if purchased today:
Nov. 03, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$27.99 50 $1,399.50
Description SKU Unit Price Quantity Subtotal
Dell Stereo Soundbar - AC511M 520-AAOT - 50 -
Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$48,749.00
$0.00
$0.00
$4,813.98
$53,562.98
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request. ^DELL BUSINESS CREDIT (DBC): Offered to business customers by WebBank, who determines qualifications for and terms of credit. Taxes, shipping and other charges are extra and vary. The Total Minimum Payment Due is the greater of either $20 or 3% of the New Balance shown on the statement rounded up to the next dollar, plus all past due amounts. Dell and the Dell logo are trademarks of Dell Inc.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.
To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.
Quote No. 3000134722267.1
Total $13,524.50
Customer # 5513107
Quoted On Oct. 26, 2022
Expires by Nov. 25, 2022
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement # MNWNC-108/7157034003
Deal ID 24235947
Sales Rep Jessica Fabac
Phone (800) 456-3355, 6180224
Email [email protected]
Billing To CITY OF SOUTH SAN FRANCISCO
CITY OF SOUTH SAN FRANCISCO
400 GRAND AVE
SOUTH SAN FRANCISCO, CA
94080-3698
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you are ready to place an order. Thank you for shopping with Dell! Regards, Jessica Fabac
Shipping Group
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080- 3725
(650) 829-3923
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
Dell Latitude 5530 $1,365.00 5 $6,825.00
Dell Latitude 5530 $1,320.00 1 $1,320.00
Dell Latitude 3420 $705.00 6 $4,230.00
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$12,375.00
$0.00
$54.00
$1,335.27
$11,093.73
$1,095.50
$13,524.50
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Shipping Group Details
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080-
3725
(650) 829-3923
Shipping Method
Standard Delivery
Quantity Subtotal
Dell Latitude 5530
Estimated delivery if purchased today:
Nov. 02, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$1,365.00 5 $6,825.00
Description SKU Unit Price Quantity Subtotal
Dell Latitude 5530 BTX Base 210-BDJK - 5 -
12th Generation Intel vPro Enterprise with Intel Core i7-1265U (10 Core, 12 MB Cache, 12 Threads, up to 4.80 GHz) 379-BETU - 5 - Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish 619-AQMP - 5 -
No Microsoft Office License Included 658-BCSB - 5 - Assembly Base 338-CDKI - 5 - i7-1265U vPro, Intel Iris Xe Graphics, Thunderbolt 338-CDMZ - 5 - Intel vPro Technology Enabled 631-ADFJ - 5 -
16GB, 2x8GB, DDR4 Non-ECC 370-AFVQ - 5 - M.2 512GB PCIe NVMe Class 35 Solid State Drive 400-BNKV - 5 -
15.6" FHD (1920x1080) Anti Glare, Touch, 250 nits, FHD IR Camera+Intelligent Privacy, WLAN 391-BGMO - 5 -
Single Pointing Backlit English US Keyboard with numeric keypad 583-BHBG - 5 - Wireless Intel AX211 WLAN Driver 555-BHKF - 5 - Intel AX211 WiFi 6e 2x2 AX+ with Bluetooth 5.2 555-BHHU - 5 - 58WHR, 4 Cell Battery Express Charge Capable 451-BCWY - 5 - 65W Type-C Adapter 492-BDGC - 5 - Single Pointing, Smart Card Reader, Finger Print Reader, Thunderbolt 4 346-BHSX - 5 -
E4 Power Cord 1M for US 537-BBDO - 5 -
[APCC;BCC;CCC;DAO;EMEA;ICC] Quick setup guide for world wide 340-CYGF - 5 - ENERGY STAR Qualified 387-BBPW - 5 - Fixed Hardware Configuration 998-FNQL - 5 - SupportAssist 525-BBCL - 5 - Dell(TM) Digital Delivery Cirrus Client 640-BBLW - 5 - Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps) 658-BBMR - 5 - Waves Maxx Audio 658-BBRB - 5 - Dell Power Manager 658-BDVK - 5 - Dell SupportAssist OS Recovery Tool 658-BEOK - 5 -
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Dell Optimizer 658-BEQP - 5 - Windows PKID Label 658-BFDQ - 5 - Packaging BTS 65W Adapter + ADL CPU 340-CYVL - 5 - Intel Gen 12 CPU label for Core i7 vPro enable 340-CYNX - 5 - POD Label 389-EDJB - 5 - FHD/IR Camera with ExpressSign-In + Intelligent Privacy, Temporal Noise Reduction, Camera Shutter, Mic
319-BBIC
- 5 -
EPEAT 2018 Registered (Gold) 379-BDZB - 5 - Bottom door ADL UMA-U15W L10 TGL UMA L10 321-BHKD - 5 - Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 5 - Dell Limited Hardware Warranty 997-8317 - 5 - Onsite/In-Home Service After Remote Diagnosis, 1 Year 997-8328 - 5 - Onsite/In-Home Service After Remote Diagnosis, 2 Year Extended 997-8332 - 5 - Quantity Subtotal
Dell Latitude 5530
Estimated delivery if purchased today:
Nov. 04, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$1,320.00 1 $1,320.00
Description SKU Unit Price Quantity Subtotal
Dell Latitude 5530 BTX Base 210-BDJK - 1 -
12th Generation Intel vPro Enterprise with Intel Core i7-1265U (10 Core, 12 MB Cache, 12 Threads, up to 4.80 GHz) 379-BETU - 1 - Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish 619-AQMP
- 1 -
No Microsoft Office License Included 658-BCSB - 1 - Assembly Base 338-CDKI - 1 - i7-1265U vPro, Intel Iris Xe Graphics, Thunderbolt 338-CDMZ - 1 - Intel vPro Technology Enabled 631-ADFJ - 1 -
16GB, 2x8GB, DDR4 Non-ECC 370-AFVQ - 1 - M.2 512GB PCIe NVMe Class 35 Solid State Drive 400-BNKV - 1 -
15.6" FHD (1920x1080) Anti Glare, Non-Touch, 250 nits, FHD IR Camera, WWAN
391-BGML
- 1 -
Single Pointing Backlit English US Keyboard with numeric keypad 583-BHBG - 1 - Wireless Intel AX211 WLAN Driver 555-BHKF - 1 - Intel AX211 WiFi 6e 2x2 AX+ with Bluetooth 5.2 555-BHHU - 1 - 58WHR, 4 Cell Battery Express Charge Capable 451-BCWY - 1 - 65W Type-C Adapter 492-BDGC - 1 - Single Pointing, Smart Card Reader, Finger Print Reader, Thunderbolt 4 346-BHSX
- 1 -
E4 Power Cord 1M for US 537-BBDO - 1 -
[APCC;BCC;CCC;DAO;EMEA;ICC] Quick setup guide for world wide 340-CYGF - 1 - ENERGY STAR Qualified 387-BBPW - 1 - Fixed Hardware Configuration 998-FNQK - 1 - SupportAssist 525-BBCL - 1 -
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Dell(TM) Digital Delivery Cirrus Client 640-BBLW - 1 - Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps) 658-BBMR - 1 - Waves Maxx Audio 658-BBRB - 1 - Dell Power Manager 658-BDVK - 1 - Dell SupportAssist OS Recovery Tool 658-BEOK - 1 - Dell Optimizer 658-BEQP - 1 - Windows PKID Label 658-BFDQ - 1 - Packaging BTS 65W Adapter + ADL CPU 340-CYVL - 1 - Intel Gen 12 CPU label for Core i7 vPro enable 340-CYNX - 1 - POD Label 389-EDJB - 1 -
FHD/IR Camera, Temporal Noise Reduction, Camera Shutter, Mic 319-BBIE - 1 - EPEAT 2018 Registered (Gold) 379-BDZB - 1 - Bottom door ADL UMA-U15W L10 TGL UMA L10 321-BHKD - 1 - Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 1 - Dell Limited Hardware Warranty 997-8317 - 1 - Onsite/In-Home Service After Remote Diagnosis, 1 Year 997-8328 - 1 - Onsite/In-Home Service After Remote Diagnosis, 2 Year Extended 997-8332 - 1 - Quantity Subtotal Dell Latitude 3420
Estimated delivery if purchased today:
Nov. 02, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$705.00 6 $4,230.00
Description SKU Unit Price Quantity Subtotal
Dell Latitude 3420, BTX 210-AYNJ - 6 -
11th Generation Intel Core i5-1135G7 (4 Core, 8M cache, base
2.4GHz, up to 4.2GHz) 379-BEMW - 6 - Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish 619-AQMP - 6 -
Intel i5-1135G7, Intel Iris Xe Graphics CY22 338-CGLN - 6 - No Microsoft Office License Included 658-BCSB - 6 - 8GB, 1x8GB, DDR4 Non-ECC 370-AFVS - 6 - M.2 256GB PCIe NVMe Class 35 Solid State Drive 400-BIJP - 6 - 14" FHD (1920 x 1080) AG Non-Touch, 250nits, Camera w/shutter & Microphone, WLAN Capable CY22 391-BGZB - 6 -
Single Pointing Non-Backlit Keyboard, English US 580-AJMI - 6 - WLAN Intel AX201/AX210 WLAN Driver + Bluetooth 555-BGMJ - 6 - Intel Dual Band Wi-Fi 6 AX201 2x2 802.11ax 160MHz + Bluetooth 5.1 555-BFNI - 6 - 4 Cell 54Whr ExpressChargeTM Capable Battery 451-BCUB - 6 - 65W AC Adapter, 4.5mm Barrel 492-BDHT - 6 - No Fingerprint Reader, WLAN Capable 346-BHFG - 6 - E4 Power Cord 1M for US 537-BBDO - 6 - Quick Start Guide for 3420 340-CVBB - 6 - ENERGY STAR Qualified 387-BBPQ - 6 -
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Fixed Hardware Configuration 998-FSTG - 6 - Regulatory Label included 389-BEYY - 6 - Additional Software 658-BEZU - 6 - Min Enhanced Box Package TGL 340-DCNZ - 6 - POD Label 389-EDJB - 6 - Latitude 3420 Bottom Door 321-BGKI - 6 - EPEAT 2018 Registered (Silver) 379-BDTO - 6 - Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 6 - Dell Limited Hardware Warranty 997-6727 - 6 - Onsite/In-Home Service After Remote Diagnosis, 1 Year 997-6735 - 6 - Onsite/In-Home Service After Remote Diagnosis, 2 Year Extended 997-6737 - 6 - Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$12,375.00
$0.00
$54.00
$1,095.50
$13,524.50
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable.
Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-aService offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the enduser and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S.
Government procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request. ^DELL BUSINESS CREDIT (DBC): Offered to business customers by WebBank, who determines qualifications for and terms of credit.
Taxes, shipping and other charges are extra and vary. The Total Minimum Payment Due is the greater of either $20 or 3% of the New Balance shown on the statement rounded up to the next dollar, plus all past due amounts. Dell and the Dell logo are trademarks of Dell Inc.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.
To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.
Quote No. 3000134722503.1
Total $7,969.98
Customer # 5513107
Quoted On Oct. 26, 2022
Expires by Nov. 25, 2022
Contract Name
Standard governing terms
in Supplier's quote
Contract Code C000000006563
Solution ID 16917065.1
Sales Rep Jessica Fabac
Phone (800) 456-3355, 6180224
Email [email protected]
Billing To CITY OF SOUTH SAN FRANCISCO
CITY OF SOUTH SAN FRANCISCO
400 GRAND AVE
SOUTH SAN FRANCISCO, CA
94080-3698
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you are ready to place an order. Thank you for shopping with Dell! Regards, Jessica Fabac
Shipping Group
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080- 3725
(650) 829-3923
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
PowerEdge R650xs - [AMER_R650XS_15108] $7,419.45 1 $7,419.45 Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$7,419.45
$45.49
$0.00
$2,350.76
$5,114.18
$505.04
$7,969.98
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Shipping Group Details
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080-
3725
(650) 829-3923
Shipping Method
Standard Delivery
Quantity Subtotal
PowerEdge R650xs - [AMER_R650XS_15108]
Estimated delivery if purchased today:
Nov. 17, 2022
Contract # C000000006563
$7,419.45 1 $7,419.45
Description SKU Unit Price Quantity Subtotal
4x3.5 Front Storage 379-BEIB - 1 - SAS/SATA Backplane 379-BDSS - 1 - No Rear Storage 379-BDTE - 1 - PowerEdge R650xs 210-AZKL - 1 - Trusted Platform Module 2.0 V3 461-AAIG - 1 -
3.5" Chassis with up to 4 Hard Drives (SAS/SATA), 2 CPU 321-BGIW - 1 - Intel Xeon Silver 4310 2.1G, 12C/24T, 10.4GT/s, 18M Cache, Turbo, HT (120W) DDR4-2666 338-CBWJ - 1 -
Intel Xeon Silver 4310 2.1G, 12C/24T, 10.4GT/s, 18M Cache, Turbo, HT (120W) DDR4-2666 338-CBWJ - 1 -
Additional Processor Selected 379-BDCO - 1 - Heatsink for CPU less than 185W 412-AAVR - 1 - Heatsink for CPU less than 185W 412-AAVR - 1 - Performance Optimized 370-AAIP - 1 - 3200MT/s RDIMMs 370-AEVR - 1 - RAID 5 780-BCDP - 1 - PERC H745 Controller, Front 405-AAUZ - 1 - Front PERC Mechanical Parts, front load 750-ACFR - 1 - Power Saving Dell Active Power Controller 750-AABF - 1 - UEFI BIOS Boot Mode with GPT Partition 800-BBDM - 1 - Standard Fan x7 384-BCTN - 1 - Dual, Hot-plug, Redundant Power Supply (1+1), 1400W, Mixed Mode, NAF 450-AIQZ - 1 -
Riser Config 3, 1xOCP 3.0(x16)+ 2x16LP 330-BBSZ - 1 - PowerEdge R650xs Motherboard with Broadcom 5720 Dual Port 1Gb On-Board LOM 329-BGEZ - 1 -
iDRAC9, Enterprise 15G 385-BBQV - 1 - Broadcom 5720 Quad Port 1GbE BASE-T Adapter, OCP NIC 3.0 540-BCOB - 1 - Standard Bezel 325-BCHH - 1 - Dell EMC Luggage Tag (x4 chassis) 350-BCEO - 1 - BOSS Riser for R450/R650xs 330-BBTB - 1 -
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F BOSS controller card + with 2 M.2 Sticks 240G (RAID 1) 403-BCOD - 1 - No Quick Sync 350-BCEM - 1 - iDRAC,Factory Generated Password 379-BCSF - 1 -
iDRAC Group Manager, Disabled 379-BCQY - 1 - VMware ESXi 7.0 U3 Embedded Image (License Not Included) 634-BWZG - 1 - No Media Required 605-BBFN - 1 - ReadyRails Static Rails for 2/4-post Racks 770-BBBM - 1 - No Internal Optical Drive 429-AAIQ - 1 - No Systems Documentation, No OpenManage DVD Kit 631-AACK - 1 - PowerEdge R650xs Shipping 340-CUQU - 1 - PowerEdge R650xs x4 or x10 or x8 NVMe Shipping Material 343-BBQW - 1 - PowerEdge Non BIS Marking 389-DYHB - 1 - PowerEdge 1U CE Marking, No CCC Marking 389-DYLW - 1 - Basic Hardware Services Business Hours 5x10 Next Business Day Onsite Hardware Warranty Repair 3 Years
859-8661
- 1 -
Dell Hardware Limited Warranty Plus Onsite Service 859-8667 - 1 - ProDeploy Plus Dell Server R Series 1U/2U - Deployment 804-6750 - 1 - ProDeploy Plus Dell Server R Series 1U/2U - Deployment Verification 804-6751 - 1 - ProDeploy Plus No Charge Training 300 812-4005 - 1 - 32GB RDIMM, 3200MT/s, Dual Rank 16Gb BASE x8 370-AGDS - 2 - 2TB SAS ISE 12Gbps 7.2K 512n 3.5in Hard Drive 400-BLLQ - 4 - Power Cord - C13, 3M, 125V, 15A (North America, Guam, North Marianas, Philippines, Samoa, Vietnam) 450-AALV
- 2 -
Broadcom 57412 Dual Port 10GbE SFP+ Adapter, PCIe Low Profile 540-BBVI - 1 - Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$7,419.45
$45.49
$0.00
$505.04
$7,969.98
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.
To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.
Quote No. 3000134870824.1
Total $165,339.20
Customer # 5513107
Quoted On Oct. 27, 2022
Expires by Nov. 26, 2022
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement # MNWNC-108/7157034003
Deal ID 24235947
Sales Rep Jessica Fabac
Phone (800) 456-3355, 6180224
Email [email protected]
Billing To CITY OF SOUTH SAN FRANCISCO
CITY OF SOUTH SAN FRANCISCO
400 GRAND AVE
SOUTH SAN FRANCISCO, CA
94080-3698
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you are ready to place an order. Thank you for shopping with Dell! Regards, Jessica Fabac
Shipping Group
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080- 3725
(650) 829-3923
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
OptiPlex 3000 Micro $575.00 10 $5,750.00
OptiPlex 7000 MFF $877.00 63 $55,251.00
Dell Monitor Slim Soundbar - SB521A $32.00 67 $2,144.00 Dell Micro AIO Stand – MFS22 $69.99 53 $3,709.47
Precision 3460 Small Form Factor $2,217.00 14 $31,038.00
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Dell UltraSharp 27 Monitor - U2722D, 68.47cm (27") $345.00 14 $4,830.00 Dell 24 Monitor - P2422H, 60.5cm (23.8") $184.99 89 $16,464.11 OptiPlex 5000 Small Form Factor $825.00 33 $27,225.00
Dell Small Form Factor All-in-One Stand – OSS21 $112.99 33 $3,728.67 Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$150,140.25
$0.00
$515.00
$1,957.26
$148,697.99
$14,683.95
$165,339.20
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Shipping Group Details
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080- 3725
(650) 829-3923
Shipping Method
Standard Delivery
Quantity Subtotal
OptiPlex 3000 Micro
Estimated delivery if purchased today:
Dec. 05, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$575.00 10 $5,750.00
Description SKU Unit Price Quantity Subtotal
OptiPlex 3000 Micro 210-BCSM - 10 -
12th Generation Intel Core i5-12500T (6 Cores/18MB/12T/2.0GHz to
4.4GHz/35W) 338-CCYD
- 10 - Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish 619-AQMP
- 10 -
No Microsoft Office License Included 658-BCSB - 10 -
8GB (1x8GB) DDR4 Non-ECC Memory 370-AFWE - 10 - M.2 2230 256GB PCIe NVMe Class 35 Solid State Drive 400-BEUW - 10 - Thermal Pad for Micro 412-AAZO - 10 - M2X3.5 Screw for SSD/DDPE 773-BBBC - 10 - OptiPlex 3000 Micro DAO, FSJ 329-BGPX - 10 - 65 Watt A/C Adapter 450-AKIF - 10 - US Power Cord 450-AAZN - 10 - No Additional Video Ports 492-BCKH - 10 - SupportAssist 525-BBCL - 10 - Dell(TM) Digital Delivery Cirrus Client 640-BBLW - 10 - Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps) 658-BBMR - 10 - Waves Maxx Audio 658-BBRB - 10 - Dell SupportAssist OS Recovery Tool 658-BEOK - 10 - Windows PKID Label 658-BFDQ - 10 - SW Driver, Intel Rapid Storage Technology, OptiPlex 3000 658-BFLN - 10 - ENERGY STAR Qualified 387-BBLW - 10 - Dell Watchdog Timer 379-BESJ - 10 - Quick Start Guide 340-CZFP - 10 - Print on Demand Label 389-BDQH - 10 - Trusted Platform Module (Discrete TPM Enabled) 329-BBJL - 10 - Shipping Material 340-CQYN - 10 - Shipping Label 389-BBUU - 10 - Regulatory Label for OptiPlex 3000 Micro 65W 389-EDLS - 10 -
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Intel Core i5 non-vPro Processor Label 340-CUEW - 10 - Desktop BTS/BTP Shipment 800-BBIP - 10 - Dell KB216 Wired Keyboard English 580-ADJC - 10 - Dell Optical Mouse - MS116 (Black) 570-ABIE - 10 - No Cable Cover 325-BCZQ - 10 - Fixed Hardware Configuration 998-FLXH - 10 -
Internal Speaker 520-AAVE - 10 -
In-Band Systems Management 631-ADFQ - 10 - No Option Included 340-ACQQ - 10 - EPEAT 2018 Registered (Gold) 379-BDZB - 10 - Dell Limited Hardware Warranty Plus Service 803-8583 - 10 - Onsite Service After Remote Diagnosis 3 Years 803-8590 - 10 - Quantity Subtotal OptiPlex 7000 MFF
Estimated delivery if purchased today:
Nov. 07, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$877.00 63 $55,251.00
Description SKU Unit Price Quantity Subtotal
OptiPlex 7000 Micro 210-BCTH - 63 -
12th Generation Intel Core i7-12700T (12 Cores/25MB/20T/1.4GHz to
4.7GHz/35W) 338-CCYH
- 63 - Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish 619-AQMP
- 63 -
No Microsoft Office License Included 658-BCSB - 63 -
16GB (1x16GB) DDR4 Non-ECC Memory 370-AFWB - 63 - M.2 2230 512GB PCIe NVMe Class 35 Solid State Drive 400-BEUX - 63 - M2X3.5 Screw for SSD/DDPE 773-BBBC - 63 - NO RAID 817-BBBN - 63 - OptiPlex 7000 Micro with 35 W CPU 329-BGNJ - 63 - 130 Watt A/C Adapter 450-ALFN - 63 - US Power Cord 450-AAZN - 63 - Intel Wi-Fi 6E 2x2 AX211 Bluetooth 5.2 Wireless Card 555-BHDU - 63 - Internal Antenna 555-BHDV - 63 -
Intel Wi-Fi AX211 555-BHNI - 63 - Optional Serial Port 382-BBIZ - 63 - Dell Pro Wireless Keyboard and Mouse - KM5221W - English - Black 580-AJJG - 63 - Mouse included with Keyboard 570-AADI - 63 - No Cable Cover 325-BCZQ - 63 - SupportAssist 525-BBCL - 63 - Dell(TM) Digital Delivery Cirrus Client 640-BBLW - 63 - Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps) 658-BBMR - 63 - Waves Maxx Audio 658-BBRB - 63 - Dell SupportAssist OS Recovery Tool 658-BEOK - 63 -
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Dell Optimizer 658-BEQP - 63 -
IRST Driver 658-BFKI - 63 - ENERGY STAR Qualified 387-BBLW - 63 - Dell Watchdog Timer 379-BESJ - 63 - Quick Start Guide 340-CYKP - 63 - Print on Demand Label 389-BDQH - 63 - Trusted Platform Module (Discrete TPM Enabled) 329-BBJL - 63 - Shipping Material 340-CQYN - 63 - Shipping Label 389-BBUU - 63 - Regulatory Label for OptiPlex 7000 Micro 130W 389-ECQQ - 63 - Intel Core i7 vPro Enterprise Processor Label 389-EDDR - 63 - Desktop BTS/BTP Shipment 800-BBIP - 63 - Fixed Hardware Configuration
998-FQNR
- 63 -
Internal Speaker 520-AAVE - 63 - No Option Included 340-ACQQ - 63 - EPEAT 2018 Registered (Gold) 379-BDZB - 63 - Intel vPro Enterprise 631-ADGI - 63 - SMALL BUSINESS 379-BESP - 63 - Dell Limited Hardware Warranty Plus Service 812-3886 - 63 - Onsite/In-Home Service After Remote Diagnosis 3 Years 812-3887 - 63 - Quantity Subtotal Dell Monitor Slim Soundbar - SB521A
Estimated delivery if purchased today:
Nov. 07, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$32.00 67 $2,144.00
Description SKU Unit Price Quantity Subtotal
Dell Monitor Slim Soundbar - SB521A 520-AARU - 67 - Quantity Subtotal Dell Micro AIO Stand – MFS22
Estimated delivery if purchased today:
Nov. 03, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$69.99 53 $3,709.47
Description SKU Unit Price Quantity Subtotal
Dell Micro AIO Stand – MFS22 452-BDUB - 53 - Quantity Subtotal Precision 3460 Small Form Factor
Estimated delivery if purchased today:
Dec. 07, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$2,217.00 14 $31,038.00
Description SKU Unit Price Quantity Subtotal
Intel Core i9-12900 processor (30MB Cache, 16 Core (8P+8E), 2.4GHz to 5.1GHz (65W)) TDP 338-CDBL
- 14 -
HEATSINK for 65W CPU 412-AAZQ- 14 - Windows 11 Pro, English, French, Spanish 619-AQCE - 14 -
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F No Microsoft Office License Included 658-BCSB - 14 - Precision 3460 SFF with 300W up to 92% efficient (80 Plus Platinum) PSU
321-BHIM
- 14 -
64GB (2X32GB) DDR5 Non-ECC Memory 370-AGXJ - 14 - Nvidia T1000 8GB, 8GB, 4 mDP to DP adapter (Precision 3460, 3260) 490-BHXW - 14 -
C1 SSD Boot + SSD 449-BBYR - 14 - No SATA RAID 780-BBCJ - 14 - 2TB PCIe NVMe Gen4 Class40 M.2 SSD 400-BNXR - 14 -
Thermal Pad for 3460 SFF SSD 412-AAZZ - 14 - No Hard Drive 400-AKZR - 14 - No Hard Drive 400-AKZR - 14 - No Hard Drive 400-AKZR - 14 - No Additional Network Card Selected (Integrated NIC included) 555-BBJO - 14 - No Optical Drive 429-ABKR - 14 - CMS Software not included 632-BBBJ - 14 - Intel Management Engine with vPro 631-ADHJ - 14 - Dell Pro Wireless Keyboard and Mouse - KM5221W - English - Black 580-AJJG - 14 - Mouse included with Keyboard 570-AADI - 14 - ENERGY STAR Qualified 387-BBLW - 14 - EPEAT 2018 Registered (Gold) 379-BDZB - 14 - Dell Precision TPM 340-ACBY - 14 - US Power Cord 450-AHDU - 14 - Quick Setup Guide, Precision 3460 340-CYUT - 14 - SHIP,PWS,LNK,NO,NO,AMF 340-CBUU - 14 - Shipping Material 340-CQYR - 14 - Precision 3460 Plat Reg Label DAO 389-ECXZ - 14 - Intel Core i9 vPro Enterprise Processor Label 389-EDDS - 14 - Internal Speaker 520-AARD - 14 - Additional Software Win 11 658-BFNE - 14 - Intel Rapid Storage Technology Driver, Precision 3460 409-BCWM - 14 - Custom Configuration 817-BBBB - 14 - Precision 3460 SFF CTO BASE 210-BCTU - 14 - Integrated Intel SATA Controller 403-BBCE - 14 - No Media Card Reader 385-BBBL - 14 - No Hard Drive 400-AKZR - 14 -
Dell Limited Hardware Warranty Plus Service 997-2808 - 14 - Onsite/In-Home Service After Remote Diagnosis 3 Years 997-2811 - 14 - VMWCB Endpoint Stnd NGAV B-EDR w/ProSupport 1yr 528-CHEC - 14 - Quantity Subtotal
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Dell UltraSharp 27 Monitor - U2722D, 68.47cm (27")
Estimated delivery if purchased today:
Nov. 04, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$345.00 14 $4,830.00
Description SKU Unit Price Quantity Subtotal
Dell UltraSharp 27 Monitor - U2722D, 68.47cm (27") 210-AYZE - 14 - Dell Limited Hardware Warranty 814-5380 - 14 - Advanced Exchange Service, 3 Years 814-5381 - 14 - Quantity Subtotal Dell 24 Monitor - P2422H, 60.5cm (23.8")
Estimated delivery if purchased today:
Nov. 07, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$184.99 89 $16,464.11
Description SKU Unit Price Quantity Subtotal
Dell 24 Monitor - P2422H, 60.5cm (23.8") 210-BBCC - 89 - Dell Limited Hardware Warranty 814-5380 - 89 - Advanced Exchange Service, 3 Years 814-5381 - 89 - Quantity Subtotal OptiPlex 5000 Small Form Factor
Estimated delivery if purchased today:
Nov. 11, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$825.00 33 $27,225.00
Description SKU Unit Price Quantity Subtotal
OptiPlex 5000 Small Form Factor 210-BCRK - 33 -
12th Generation Intel Core i5-12500 (6 Cores/18MB/12T/3.0GHz to
4.6GHz/65W) 338-CCWC - 33 - Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish 619-AQMP - 33 -
No Microsoft Office License Included 658-BCSB - 33 -
16GB (1X16GB) DDR4 Non-ECC Memory 370-AGIY - 33 - M.2 2230 256GB PCIe NVMe Class 35 Solid State Drive 400-BEUW - 33 - M.2 22x30 Thermal Pad 412-AAQT - 33 - M2X3.5 Screw for SSD/DDPE 773-BBBC - 33 - Intel Integrated Graphics 490-BBFG - 33 -
240 W internal power supply unit (PSU), 85% Efficient, 80 Plus Bronze 329-BGMJ - 33 -
System Power Cord (Philipine/TH/US) 450-AAOJ - 33 - DVD+/-RW Bezel 325-BDSH - 33 - 8x DVD+/-RW 9.5mm Slimline Optical Disk Drive 429-ABFH - 33 - CMS Essentials DVD no Media 658-BBTV - 33 - No Media Card Reader 379-BBHM - 33 - Intel Wi-Fi 6E 2x2 AX211 Bluetooth 5.2 Wireless Card 555-BHDU - 33 - Internal Antenna 555-BHDX - 33 - Wireless Driver, Intel AX211 555-BHJJ - 33 - Chassis Intrusion Switch 461-AAIY - 33 -
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F No Additional Add In Cards 382-BBHX - 33 - No Additional Video Ports 492-BCKH - 33 - SupportAssist 525-BBCL - 33 - Dell(TM) Digital Delivery Cirrus Client 640-BBLW - 33 - Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps) 658-BBMR - 33 - Waves Maxx Audio 658-BBRB - 33 - Dell SupportAssist OS Recovery Tool 658-BEOK - 33 - Dell Optimizer 658-BEQP - 33 - Windows PKID Label 658-BFDQ - 33 - SW Driver, Intel Rapid Storage Technology, OptiPlex 5000 658-BFJT - 33 - ENERGY STAR Qualified 387-BBLW - 33 - Dell Watchdog Timer 379-BESJ - 33 - Quick Start Guide 340-CYET - 33 - Trusted Platform Module (Discrete TPM Enabled) 329-BBJL - 33 - Shipping Material 340-CQYR - 33 - Shipping Label 389-BBUU - 33 - Regulatory Label for OptiPlex 5000 SFF 240W 389-ECPK - 33 - No Hard Drive Bracket, Dell OptiPlex 575-BBKX - 33 - Intel Core i5 vPro Essentials Processor Label 340-CYUO - 33 - Desktop BTO Standard shipment 800-BBIO - 33 - Dell KB216 Wired Keyboard English 580-ADJC - 33 - Dell Optical Mouse - MS116 (Black) 570-ABIE - 33 - No Cable Cover 325-BCZQ - 33 - Custom Configuration 817-BBBB - 33 - Internal Speaker 520-AARD - 33 - EPEAT 2018 Registered (Silver) 379-BDTO - 33 - Intel vPro Essentials 631-ADES - 33 - Dell Limited Hardware Warranty Plus Service 804-9043 - 33 - Onsite/In-Home Service After Remote Diagnosis 3 Years 804-9044 - 33 - Quantity Subtotal Dell Small Form Factor All-in-One Stand – OSS21
Estimated delivery if purchased today:
Nov. 09, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$112.99 33 $3,728.67
Description SKU Unit Price Quantity Subtotal
Dell Small Form Factor All-in-One Stand – OSS21 452-BDRG - 33 - Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$150,140.25
$0.00
$515.00
$14,683.95
$165,339.20
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request. ^DELL BUSINESS CREDIT (DBC): Offered to business customers by WebBank, who determines qualifications for and terms of credit. Taxes, shipping and other charges are extra and vary. The Total Minimum Payment Due is the greater of either $20 or 3% of the New Balance shown on the statement rounded up to the next dollar, plus all past due amounts. Dell and the Dell logo are trademarks of Dell Inc.
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F 6 DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F
EXHIBIT C
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
A
5,000,000 03/01/2023 6547039 X
WC058240260 (WI) SEA-003809634-07 1,000,000 20,000,000 WC058240262 (CA) X 19399 20,000,000 SIR: $20,000,000 (Claims Made) SAN FRANCISCO, CA 94111 N
03/01/2022 03/01/2022 X
6 03/01/2023 06/01/2022 B
03/01/2023 6890179 (AOS) Professional/E&O/ B
10,000,000 5,000,000 X
15792 AIU Insurance Co 1,000,000 X
C
X
11/29/2022 03/01/2022 15,000,000 03/01/2022 ---Evidence of Insurance--- X
03/01/2022 400 Grand Avenue
South San Francisco, CA 94080 City of South San Francisco A
B
Lloyd's of London-Syndicate 2623/623 at Lloyd's Each Claim/Aggregate 10,000 03/01/2023 5,000,000 14572147 03/01/2023 Technology Errors & Omissions B 6890178 (MA) 10,000,000 19445 5,000,000 1,000,000 06/01/2023 WC058240261 (AOS) FOUR EMBARCADERO CENTER, SUITE 1100
MARSH RISK & INSURANCE SERVICES
X
CALIFORNIA LICENSE NO. 0437153
Attn: [email protected] / FAX 212-948-0398 and all Subsidiaries Dell Technologies Inc.
Round Rock, TX 78682 One Dell Way - RR1-50
X
B0509FINPT2250008 03/01/2022 Attn: City Clerk, City of South San Francisco 03/01/2022 A
03/01/2023 03/01/2023 National Union Fire Ins Co Pittsburgh PA DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F November 30, 2022 | 3:20:35 PM PST
DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F DocuSign Envelope ID: 00819DFB-3FC6-4FDF-9C35-DAF413775F0F Certificate Of Completion
Envelope Id: 00819DFB3FC64FDF9C35DAF413775F0F Status: Completed Subject: Complete with DocuSign: Dell/City of SSF Agreement - Civic Campus & Annual City Computer Replacement Source Envelope:
Document Pages: 69 Signatures: 9 Envelope Originator:
Certificate Pages: 5 Initials: 1 Joanna Dawson
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US &
Canada)
Stamps: 1 329 Miller Ave
South San Francisco, CA 94080
[email protected]
IP Address: 199.181.122.2
Record Tracking
Status: Original
11/29/2022 8:13:01 AM
Holder: Joanna Dawson
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO City of South San Francisco Location: DocuSign Signer Events Signature Timestamp
Tony Barrera
[email protected]
IT Director
City of South San Francisco
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.181.122.2
Sent: 11/29/2022 8:55:10 AM
Viewed: 11/29/2022 8:55:40 AM
Signed: 11/29/2022 8:55:54 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jason Wong
[email protected]
Deputy Finance Director
City of South San Francisco
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 199.181.122.2
Sent: 11/29/2022 8:55:57 AM
Resent: 11/30/2022 7:50:10 AM
Viewed: 11/30/2022 3:14:10 PM
Signed: 11/30/2022 3:20:35 PM
Electronic Record and Signature Disclosure:
Accepted: 9/7/2021 10:54:17 AM
ID: 3d748ba4-2514-4bd9-8f2e-4da172f662f3
Claire Lai
[email protected]
Approved as to Form- City Attorney
Signing Group: City Attorney
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 206.169.145.130
Sent: 11/30/2022 3:20:40 PM
Resent: 12/1/2022 9:14:08 AM
Viewed: 12/1/2022 9:18:28 AM
Signed: 12/1/2022 9:24:53 AM
Electronic Record and Signature Disclosure:
Accepted: 12/1/2022 9:18:28 AM
ID: 10758600-56b5-4890-b78c-15530c142dec
SHARON RANALS
[email protected]
Assistant City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 199.181.122.2
Sent: 12/1/2022 9:24:58 AM
Resent: 12/1/2022 11:32:02 AM
Viewed: 12/1/2022 11:38:13 AM
Signed: 12/1/2022 11:39:43 AM
Electronic Record and Signature Disclosure:
Accepted: 12/1/2022 11:38:13 AM
ID: 9565fbcb-5024-41ac-b803-ff3c309d3da6
Signer Events Signature Timestamp
Mike Futrell
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 199.181.122.2
Sent: 12/1/2022 11:39:48 AM
Viewed: 12/1/2022 11:40:28 AM
Signed: 12/1/2022 11:40:36 AM
Electronic Record and Signature Disclosure:
Accepted: 12/1/2022 11:40:28 AM
ID: e78e52ed-3594-477a-ab4c-095d9ac2fc5a
Rosa Govea Acosta
[email protected]
City Clerk
City of South San Francisco
Signing Group: City Clerk
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 99.7.62.138
Signed using mobile
Sent: 12/1/2022 11:40:39 AM
Resent: 12/2/2022 8:01:32 AM
Viewed: 12/2/2022 8:21:31 AM
Signed: 12/2/2022 8:21:37 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/29/2022 8:55:10 AM
Certified Delivered Security Checked 12/2/2022 8:21:31 AM Signing Complete Security Checked 12/2/2022 8:21:37 AM
Completed Security Checked 12/2/2022 8:21:37 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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From time to time, Carahsoft OBO City of South San Francisco (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
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A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.
To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.
Quote No. 3000142488727.1
Total $16,155.70
Customer # 5513107
Quoted On Jan. 25, 2023
Expires by Feb. 24, 2023
Contract Name Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement # MNWNC-108/7157034003
Deal ID 24878140
Sales Rep Jessica Fabac
Phone (800) 456-3355, 6180224
Email [email protected]
Billing To CITY OF SOUTH SAN FRANCISCO
CITY OF SOUTH SAN FRANCISCO
400 GRAND AVE
SOUTH SAN FRANCISCO, CA
94080-3698
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you are ready to place an order.
Thank you for shopping with Dell!
Regards,
Jessica Fabac
Shipping Group
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080-
3725
(650) 829-3923
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
Dell Latitude 5400 Chromebook $601.00 24 $14,424.00
NEW GOOGLE CHROME EDU PERPETUAL LICENSE (NO
RESELLERS)
$32.10 24 $770.40
Exhibit B
Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$15,194.40
$0.00
$96.00
$6,528.00
$8,762.40
$865.30
$16,155.70
Shipping Group Details
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080-
3725
(650) 829-3923
Shipping Method
Standard Delivery
Quantity Subtotal
Dell Latitude 5400 Chromebook
Estimated delivery if purchased today:
Feb. 27, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$601.00 24 $14,424.00
Description SKU Unit Price Quantity Subtotal
Latitude 5400 Chrome BTX Base 210-ASSB - 24 -
8th Generation Intel Core i5-8265U Processor (4 Core,6MB Cache,1.6GHz,15W) 379-BDLD - 24 -
ChromeOS 634-BUOO - 24 -
Intel(R) UHD Graphics 620 with Displayport over Type-C for Intel 8th Gen Core i5 8265 338-BYGK - 24 -
8GB, 1x8GB, DDR4 Non-ECC 370-AFVS - 24 - M.2 256GB PCIe NVMe Class 35 Solid State Drive 400-BGEZ - 24 - SSD Bracket 575-BBZR - 24 - 14" HD (1366 x 768) Anti-Glare, Non-Touch, RGB Camera & Microphone, WLAN Capable 391-BFSS - 24 -
Single Pointing Backlit US English Keyboard 583-BHTX - 24 - Intel Dual Band Wireless AC 9560 (802.11ac) 2x2 + Bluetooth 5.0 555-BESD - 24 - 3 Cell 51Whr ExpressCharge Capable Battery 451-BCKC - 24 - 65W AC Adapter, 7.4mm Barrel 492-BBXF - 24 - WW Palm Rest Base 346-BGWZ - 24 - Power Cord 1M US 450-AAEJ - 24 - Quick Start Guide Placemat 340-CMZI - 24 - Fixed Hardware Configuration 998-FRWB - 24 -
FCC Label 389-DPWY - 24 -
Latitude 5400 Chrome System Driver 658-BEMF - 24 - System Shipment, Latitude 5400 Chrome 340-CUCK - 24 - Chromebook Enterprise logo packing label 389-DRWI - 24 - Bottom Cover Titan Grey 321-BGCL - 24 - Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 24 - Dell Limited Hardware Warranty 997-8317 - 24 - ProSupport Plus: Next Business Day Onsite, 1 Year 997-8366 - 24 - Thank you for choosing Dell ProSupport Plus. For tech support, visit www.dell.com/contactdell or call 1-866-516-3115 997-8367 - 24 - ProSupport Plus: Keep Your Hard Drive, 5 Years 997-8392 - 24 - ProSupport Plus: Next Business Day Onsite, 4 Year Extended 997-8393 - 24 -
ProSupport Plus: Accidental Damage Service, 5 Years 997-8394 - 24 - ProSupport Plus: 7x24 Technical Support, 5 Years 997-8395 - 24 - Quantity Subtotal
NEW GOOGLE CHROME EDU PERPETUAL LICENSE (NO
RESELLERS)
Estimated delivery if purchased today:
Feb. 06, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$32.10 24 $770.40
Description SKU Unit Price Quantity Subtotal
NEW GOOGLE CHROME EDU PERPETUAL LICENSE (NO
RESELLERS) AB543620 - 24 -
Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$15,194.40
$0.00
$96.00
$865.30
$16,155.70
Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable.
Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-aService offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the enduser and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S.
Government procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request.
A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.
To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.
Quote No. 3000145106951.1
Total $11,404.08
Customer # 5513107
Quoted On Feb. 20, 2023
Expires by Mar. 22, 2023
Contract Name Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement # MNWNC-108 / 7157034003
Deal ID 24878140
Sales Rep Jessica Fabac
Phone (800) 456-3355, 6180224
Email [email protected]
Billing To CITY OF SOUTH SAN FRANCISCO
CITY OF SOUTH SAN FRANCISCO
400 GRAND AVE
SOUTH SAN FRANCISCO, CA
94080-3698
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you are ready to place an order.
Thank you for shopping with Dell!
Regards,
Jessica Fabac
Shipping Group
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080-
3725
(650) 829-3923
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
OptiPlex 7000 Micro $877.00 10 $8,770.00
Dell Monitor Slim Soundbar - SB521A $32.00 10 $320.00
Dell Optical Wired Mouse (Black) - MS116 (BLACK) $13.99 43 $601.57 Dell Multimedia Wired Keyboard (Black) - KB216 $15.99 43 $687.57
Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$10,379.14
$0.00
$0.00
$0.00
$10,379.14
$1,024.94
$11,404.08
Shipping Group Details
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080- 3725
(650) 829-3923
Shipping Method
Standard Delivery
Quantity Subtotal
OptiPlex 7000 Micro
Estimated delivery if purchased today:
Feb. 23, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7157034003
$877.00 10 $8,770.00
Description SKU Unit Price Quantity Subtotal
OptiPlex 7000 Micro 210-BCTH - 10 -
12th Generation Intel Core i7-12700T (12 Cores/25MB/20T/1.4GHz to
4.7GHz/35W) 338-CCYH
- 10 - Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish 619-AQMP
- 10 -
No Microsoft Office License Included 658-BCSB - 10 -
16GB (1x16GB) DDR4 Non-ECC Memory 370-AFWB - 10 - M.2 2230 512GB PCIe NVMe Class 35 Solid State Drive 400-BEUX - 10 - M2X3.5 Screw for SSD/DDPE 773-BBBC - 10 - NO RAID 817-BBBN - 10 - OptiPlex 7000 Micro with 35 W CPU 329-BGNJ - 10 - 130 Watt A/C Adapter 450-ALFN - 10 - US Power Cord 450-AAZN - 10 - Intel Wi-Fi 6E 2x2 AX211 Bluetooth 5.2 Wireless Card 555-BHDU - 10 - Internal Antenna 555-BHDV - 10 -
Intel Wi-Fi AX211 555-BHNI - 10 - Optional Serial Port 382-BBIZ - 10 - Dell Pro Wireless Keyboard and Mouse - KM5221W - English - Black 580-AJJG - 10 - Mouse included with Keyboard 570-AADI - 10 - No Cover Selected 325-BCZQ - 10 - SupportAssist 525-BBCL - 10 - Dell(TM) Digital Delivery Cirrus Client 640-BBLW - 10 - Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps) 658-BBMR - 10 - Waves Maxx Audio 658-BBRB - 10 - Dell SupportAssist OS Recovery Tool 658-BEOK - 10 - Dell Optimizer 658-BEQP - 10 - IRST Driver 658-BFKI - 10 - ENERGY STAR Qualified 387-BBLW - 10 - Dell Watchdog Timer 379-BESJ - 10 -
Quick Start Guide 340-CYKP - 10 - Print on Demand Label 389-BDQH - 10 - Trusted Platform Module (Discrete TPM Enabled) 329-BBJL - 10 - Shipping Material 340-CQYN - 10 - Shipping Label 389-BBUU - 10 - Regulatory Label for OptiPlex 7000 Micro 130W 389-ECQQ - 10 - Intel Core i7 vPro Enterprise Processor Label 389-EDDR - 10 - Desktop BTS/BTP Shipment 800-BBIP - 10 - Fixed Hardware Configuration 998-FQNR - 10 -
Internal Speaker 520-AAVE - 10 - No Option Included 340-ACQQ - 10 - EPEAT 2018 Registered (Gold) 379-BDZB - 10 - Intel vPro Enterprise 631-ADGI - 10 - SMALL BUSINESS 379-BESP - 10 - Dell Limited Hardware Warranty Plus Service 812-3886 - 10 - Onsite/In-Home Service After Remote Diagnosis 3 Years 812-3887 - 10 - Quantity Subtotal Dell Monitor Slim Soundbar - SB521A
Estimated delivery if purchased today:
Feb. 26, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7157034003
$32.00 10 $320.00
Description SKU Unit Price Quantity Subtotal
Dell Monitor Slim Soundbar - SB521A 520-AARU - 10 - Quantity Subtotal Dell Optical Wired Mouse (Black) - MS116 (BLACK)
Estimated delivery if purchased today:
Feb. 27, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7157034003
$13.99 43 $601.57
Description SKU Unit Price Quantity Subtotal
Dell Optical Wired Mouse (Black) - MS116 (BLACK) 275-BBCB - 43 - Quantity Subtotal Dell Multimedia Wired Keyboard (Black) - KB216
Estimated delivery if purchased today:
Feb. 27, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7157034003
$15.99 43 $687.57
Description SKU Unit Price Quantity Subtotal
Dell Multimedia Wired Keyboard (Black) - KB216 580-ADMT - 43 - Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$10,379.14
$0.00
$0.00
$1,024.94
$11,404.08
Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request.