AMENDMENT NUMBER: TWO
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER
AGREEMENT
BY AND BETWEEN
CITY OF VICTORVILLE
VICTORVILLE MUNICIPAL UTILITY SERVICES
AND
IEC CORPORATION
FOR
QUALIFIED ELECTRICAL ENGINEERS,
PROJECT CC20-066
THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______, 2022, by and between the City of Victorville, a municipal corporation, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “City”), and IEC Corporation, a California corporation, hereinafter referred to as “Consultant”, City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”.
Recitals
1. WHEREAS, the City has a Consultant/Professional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide Qualified Electrical Engineers; and
2. WHEREAS, on or about August 10, 2021, Amendment One (1) was issued to the Original Agreement to amend Section 4., Consultant’s Cost Proposal to include increase; exercise Option 1 of 4, additional one-year periods, amending Section 6., Term of Agreement to commence July 1, 2021, and expire June 30, 2022. Section 3., Compensation, annual not to exceed amount of $100,000, remains unchanged; and
3. WHEREAS, it is the desire of the Parties to issue Amendment Two (2) to the Original Agreement to increase Section 3., Compensation by $100,000, thereby amending the total annual not to exceed amount from $100,000 to $200,000; and
4. NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Consultant/Professional Services Provider Agreement/IEC Corporation/Project CC20-066/Amendment 2
Contract Amendment
Section 3-COMPENSATION– is amended as follows:
“The City shall pay to Consultant a sum not to exceed Two Hundred Thousand and 00/100 Dollars ($200,000.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4…”
Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/IEC Corporation/Project CC20-066/Amendment 2
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
THE CITY OF VICTORVILLE IEC CORPORATION
By:_______________________________ By:________________________________ Debra Jones, Eric Quintero,
Mayor President
Dated:______________________________ Dated:______________________________
ATTEST
By:_________________________________
Jennifer Thompson,
City Clerk
Dated:_______________________________
THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM
By:________________________________ By:______________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney
Dated:______________________________ Dated:_____________________________
Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:
Matthew Pugh, Interim Information Technology Officer
Subject:
Purchase of New Dell Computers and Monitors
Recommendation:
That the Honorable City Council award the purchase in the amount not to exceed $302,903.73 to Dell Marketing, LP to acquire 163 new Dell computers, 45 new Dell monitors and 5 new monitor sound bars.
Fiscal Impact:
Funding for this purchase will come from funds available in the Fiscal Year 2021-2022 Annual Budget within multiple accounts, including the General Fund, the Airport Enterprise Fund, the VMUS Enterprise Fund, the Technology Surcharge Fund, and ARPA, as follows:
FUND / ACCOUNT NAME AMOUNT % OF
PURCHASE
General Fund – Technology Dept.
Desktop Equipment Expense Account
1001568-52220
$59,517.29 19%
General Fund – Technology Dept. GIS
Equipment Expense Account 1001582-
52260
$3,451.31 1%
Technology Surcharge Fund –
Equipment Expense Account 1111561-
52260
$168,326.69 56%
Airport Enterprise Fund – Equipment
Expense Account 4500125-52260
$1,665.98 1%
VMUS Enterprise Fund – Equipment
Expense Account 4202076-52260
$2,894.29 1%
ARPA Fund – IT Equipment Expense
Account 2770010-55050-97076
$67,048.18 22%
Total Purchase $302,903.73 100%
No additional appropriation is required.
Background:
The Information Technology Five Year Strategic Plan adopted by the Honorable City Council on May 18, 2021, recommends a three-year computer upgrade cycle to ensure that deployed computer systems are performing at an optimum level. Furthermore, certain City Staff use software applications that require stronger computers than what would be considered a “standard” computer. Applications such as Bluebeam, AutoCAD, and ArcGIS are graphics intensive and thus require a faster graphics card, a stronger processor, and additional random-access memory (RAM) on the computer machine to ensure that improvement plans, engineering plans and data, and GIS data are displayed on a monitor quickly. If a graphics card is not sufficient, it will take extra time for the plan or data to be displayed which reduces the operational efficiency of the staff that are using said applications.
Discussion:
This purchase will allow the Information Technology (IT) Department to address several needs throughout the City, including but not limited to the following:
• Plan review staff in the Building, Planning, Engineering, and Fire Prevention departments use a plan review software called Bluebeam extensively. Bluebeam requires a faster graphics card to display improvement plans quickly, which creates an efficient user experience. There are currently 36 staff members that use Bluebeam daily and the computers currently in use have a graphics card below the recommend speed per Bluebeam’s minimum requirements. The Dell Precision 5820 workstation is recommended by the IT Department to run Bluebeam effectively. • Of those 36 Bluebeam users, 8 of them also use AutoCAD on a daily or weekly basis.
AutoCAD requires an even faster graphics card than Bluebeam as well as a stronger processor and additional RAM; therefore, these users should be issued a Dell Precision 7820 Tower workstation, as recommended by the IT Department. In addition, some of these Bluebeam users require the use of a 43” high-resolution monitor to display entire digital improvement plans, which are often 36”x48” in size. 6 additional 43” monitors should be purchased to support these user’s needs. • Many users in the Building, Planning, Code Compliance, Engineering, and Fire Prevention Departments use the EnerGov permitting and licensing system heavily, which requires a large amount of RAM to allow EnerGov to multi-task. The existing computers in these departments do not have enough RAM to allow EnerGov to function properly. Therefore, 45 new Dell Precision 3260 computers should be deployed to these staff members to double the amount of available RAM on their workstations.
• The computer lab and patron station computers at the City Library are over 8 years old and are out of warranty. These computers are beginning to fail and are running very slowly, which causes a poor user experience for Library patrons. There are 37 patron computers that need to be replaced, and the IT Department recommends having at least three spare computers on hand in the event of any failures. Therefore, 40 new patron computers should be deployed at the Library. In addition, there are 20 monitors at the Library that are 17” and over 10 years old. These should be replaced with the current standard 24” monitor. The remaining 20 patron computer stations already have either a 22” or 24” monitor, which is considered to be current by the IT Department.
• There are 79 computers throughout the City that are over 6 years old and out of warranty. An additional 30 “standard” specification computers should be purchased to continue to allow the IT Department to replace these aging computers per the IT Five Year Strategic Plan.
• The 9 IT Department staff computers are over 4 years old and should be replaced to allow the department to continue to support the large number of software and hardware applications throughout the City. In addition, 2 new staff members that have recently come onboard need IT Department specification computers; they are currently using “standard” computers which are not sufficient to run certain applications the IT Department uses, such as SQL Server Management Studio, Visual Studio, and Crystal Reports.
• The Airport needs additional large monitors to support its staff’s needs. • The Victorville Municipal Utility Service (VMUS) has requested a workstation to support AutoCAD for one of its staff members so they can design components of the gas and electric utilities at SCLA.
ATTACHMENT A is a quote from Dell Marketing, LP to address the quantity of equipment previously discussed. The purchase of computers and monitors through Dell Marketing, LP falls under the National Association of State Procurement Officials (NASPO) competitive pricing agreement Contract No. C000000181156 with California Participating Addendum No. 7-15-70-34-003, Amendment No. 2, which is valid through July 31, 2022.
This cooperative purchasing agreement meets the requirements of Section 2.28.100 of the Victorville Municipal Code (VMC) under subsection 2.28.100(b)(3), which states that general services, supplies or equipment are purchased through a cooperative purchasing arrangement pursuant to Section 2.28.120. Furthermore, Dell computers are the City’s standard computer hardware, and has been the standard for over two decades.
The 40 patron computers and 20 standard 24” monitors for the Library will be funded from the Broadband category that was approved by the Honorable City Council as part of the ARPA spending plan on July 20, 2021 under Resolution No. 21-072. These new computers and monitors will increase the capability of the Library to deliver a pleasant and reliable internet access experience for its patrons.
The majority of the remaining funding for this purchase will come from the Technology Surcharge Fund, which was established in 2016 to meet the software and equipment needs of the EnerGov permitting and license management system. This fund will be used to purchase 45 EnerGov standard workstations, 28 Bluebeam workstations, 8 AutoCAD workstations, and various monitors to allow the staff members of the Building, Planning, Code Compliance, Engineering, and Fire Prevention Departments to continue to effectively serve the development community and the general public through EnerGov system. In addition, the Airport and VMUS Departments have offered to use a portion of their approved enterprise fund budgets to acquire computer equipment, and the General Fund will be used to cover the 30 “standard” city-wide computers and the computer equipment for the IT Department, which is part of its traditional equipment expense accounts as referenced in the Fiscal Impact section of this report.
IT Department Staff recommend that the Honorable City Council authorize the purchase with Dell Marketing, LP in the amount of $302,903.73, and are available to answer any questions you may have.
Attachments: A. Dell Marketing, LP Quote 3000119130017.1
ATTACHMENT A
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.
3000119130017.1
Total
$302,903.73
Customer #
4501787
Quoted On
May. 05, 2022
Expires by
Jun. 04, 2022
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code
C000000181156
Customer Agreement #
MNWNC-108/7157034003
Solution ID
.
Deal ID
19490707
Sales Rep
Daleen Banks
Phone
(800) 456-3355, 6180441
Email
[email protected]
Billing To
ACCOUNTS PAYABLE
CITY OF VICTORVILLE
PO BOX 5001 / 14343 CIVIC DR
VICTORVILLE,
CA
92392
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you're ready to place an order. Thank you for shopping with Dell!
Regards,
Daleen Banks
Product
Unit Price
Quantity
Subtotal
Precision 7820 Tower
$2,661.41
8 $21,291.28
Precision 5820 Tower
$2,438.05
28 $68,265.40
Precision 3260 Compact
$1,263.52
45 $56,858.40
Precision 3460 Small Form Factor
$2,029.01
11 $22,319.11
Mobile Precision 7560
$3,173.62
1 $3,173.62
OptiPlex 5000 Micro
$1,233.07
70 $86,314.90
Dell UltraSharp 43 4K USB-C Monitor - U4320Q, 107.9cm
(42.5")
$933.29
6 $5,599.74
Dell Ultrasharp 32 4K USB-C Monitor – U3219Q
$832.99
7 $5,830.93
Dell 24 Monitor - P2423, 61cm (24")
$300.99
32 $9,631.68
Dell Monitor Slim Soundbar - SB521A
$38.49
5 $192.45 Page 1
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$279,477.51
$0.00
$236.00
$14,683.30
$265,030.21
$23,190.22
$302,903.73
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
Quantity
Subtotal
Precision 7820 Tower
Estimated delivery if purchased today:
Jun. 06, 2022
Contract # C000000181156
Customer Agreement #
MNWNC-108/7157034003
$2,661.41
8 $21,291.28
Description
SKU
Unit Price
Quantity
Subtotal
Precision 7820 Tower XCTO Base
210-AMDT
-
8 -
Intel Xeon Silver 4208 2.1GHz,(3.2GHz Turbo, 8C, 9.6GT/s 2UPI, 11MB Cache, HT (85W) DDR4-2400 1st)
338-BSMX
-
8 -
Heatsink for Single CPU
412-AAKK
-
8 -
CPU clip, assemble CPU with heatsink
575-BBPB
-
8 -
Windows 11 Pro for Workstations (6 cores plus), English, French, Spanish
619-AQLO
-
8 -
No Microsoft Office License Included – 30 day Trial Offer Only 658-BCSB
-
8 -
Precision 7820 Tower 950W PCIe FlexBay Chassis CL FMX
321-BGUD
-
8 -
Nvidia T400 4GB, 4GB, 3 mDP to DP adapter (Precision 7920R, 7920T, 7820, 5820, 3930)
490-BHSK
-
8 -
32GB 4x8GB DDR4 2933MHz
RDIMM ECC Memory
370-AESW
-
8 -
Intel vPro Technology Enabled
631-ABMK
-
8 -
Intel NVMe PCIe SSD (Front PCIe FlexBay)
414-BBBV
-
8 -
Intel Integrated controller (RST-e) with 1-2 Front FlexBay NVMe PCIe Drives
321-BDWI
-
8 -
Dell M.2 carrier
400-AVDR
-
8 -
M.2 512GB PCIe NVMe Class 40 Solid State Drive
401-ABJT
-
8 -
No Hard Drive
400-AKZR
-
8 -
No Hard Drive
400-AKZR
-
8 -
No Hard Drive
400-AKZR
-
8 -
No Optical
429-ABER
-
8 -
No Hard Drive
400-AKZR
-
8 -
No Hard Drive
400-AKZR
-
8 -
No RAID
780-BBCJ
-
8 -
Slim filler panel (no opt.)
429-ABEP
-
8 -
GPT is 100% required for all order
411-XXYB
-
8 -
Dell Premier Multi-Device Wireless Keyboard and Mouse - KM7321W 580-AJJL
-
8 -
Mouse included with Keyboard
570-AADI
-
8 -
Thank You for Choosing Dell
340-ADBJ
-
8 -
No Additional Network Card Selected (Integrated NIC included) 555-BBJO
-
8 -
US Power Cord
470-AAKG
-
8 -
Placemat 7820 Tower DAO
340-BYIW
-
8 -
Resource DVD not Included
430-XXYU
-
8 -
Not ENERGY STAR Qualified
387-BBBE
-
8 -
Dell Optimizer for Precision
640-BBSC
-
8 -
Ship Material Tower 5820,7820
328-BCRU
-
8 -
SHIP,PWS,LNK,NO,NO,AMF
340-AEYP
-
8 -
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
Trusted Platform Module (Discrete TPM Enabled)
329-BBJL
-
8 -
7820 Tower Regulatory Label (DAO)
389-CGJW
-
8 -
SupportAssist
525-BBCL
-
8 -
Dell(TM) Digital Delivery Cirrus Client
640-BBLW
-
8 -
Enable Low Power Mode
658-BBMQ
-
8 -
Dell Developed Recovery Environment
658-BCUV
-
8 -
Dell Limited Hardware Warranty Plus Service
872-6702
-
8 -
ProSupport Next Business Day Onsite 3 Years
872-6720
-
8 -
ProSupport 7x24 Technical Support 3 Years
872-6728
-
8 -
Thank you choosing Dell ProSupport. For tech support, visit //support.dell.com/ProSupport
989-3449
-
8 -
Quantity
Subtotal
Precision 5820 Tower
Estimated delivery if purchased today:
May. 26, 2022
Contract # C000000181156
Customer Agreement #
MNWNC-108/7157034003
$2,438.05
28 $68,265.40
Description
SKU
Unit Price
Quantity
Subtotal
Precision 5820 Tower XCTO Base
210-ANJK
-
28 -
Intel Xeon Processor W-2225 (4C 4.1GHz 4.6GHz Turbo HT 8.25MB 105W DDR4-2933)
338-BUOB
-
28 -
CPU Heatsink 5820 Tower
412-AALF
-
28 -
Windows 10 Pro for Workstations (up to 4 cores, Includes Windows 11 Pro License) English, French, Spanish
619-APYE
-
28 -
No Microsoft Office License Included – 30 day Trial Offer Only 658-BCSB
-
28 -
Precision 5820 Tower 950W PCIe FlexBay Chassis CL FMX
321-BGTO
-
28 -
Nvidia RTX A2000, 6GB, 4 mDP to DP adapter (Precision 7920R, 7920T, 7820, 5820, 3930)
490-BHQC
-
28 -
32GB 2x16GB DDR4 2933MHz
RDIMM ECC Memory
370-AESP
-
28 -
Intel vPro Technology Enabled
631-ABMK
-
28 -
Intel NVMe PCIe SSD (Front PCIe FlexBay)
414-BBBV
-
28 -
Intel Integrated controller (RST-e) with 1-2 Front FlexBay NVMe PCIe Drives
321-BDWI
-
28 -
Dell M.2 carrier
400-AVDR
-
28 -
M.2 512GB PCIe NVMe Class 40 Solid State Drive
401-ABJT
-
28 -
No Hard Drive
400-AKZR
-
28 -
No Hard Drive
400-AKZR
-
28 -
No Hard Drive
400-AKZR
-
28 -
No Optical
429-ABER
-
28 -
No Hard Drive
400-AKZR
-
28 -
No Hard Drive
400-AKZR
-
28 -
No RAID
780-BBCJ
-
28 -
Slim filler panel (no opt.)
429-ABEP
-
28 -
GPT is 100% required for all order
411-XXYB
-
28 -
Dell Premier Multi-Device Wireless Keyboard and Mouse - KM7321W 580-AJJL
-
28 -
Mouse included with Keyboard
570-AADI
-
28 -
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
Thank You for Choosing Dell
340-ADBJ
-
28 -
No Additional Network Card Selected (Integrated NIC included) 555-BBJO
-
28 -
Trusted Platform Module (Discrete TPM Enabled)
329-BBJL
-
28 -
US Power Cord
470-AAKG
-
28 -
Placemat 5820 Tower MUI DAO
340-BYNM
-
28 -
Resource DVD not Included
430-XXYU
-
28 -
Not ENERGY STAR Qualified
387-BBBE
-
28 -
Dell Optimizer for Precision
640-BBSC
-
28 -
Ship Material Tower 5820,7820
328-BCRU
-
28 -
SHIP,PWS,LNK,NO,NO,AMF
340-AEYP
-
28 -
T5820 950W Regulatory Label (DAO)
389-CGKH
-
28 -
Performance Optimized
370-AAIP
-
28 -
BIOS match checked back to factory
444-BBBG
-
28 -
BIOS binary check enabled and verified
444-BBBS
-
28 -
SupportAssist
525-BBCL
-
28 -
Dell(TM) Digital Delivery Cirrus Client
640-BBLW
-
28 -
Enable Low Power Mode
658-BBMQ
-
28 -
Dell Developed Recovery Environment
658-BCUV
-
28 -
Thank you choosing Dell ProSupport. For tech support, visit //support.dell.com/ProSupport
989-3449
-
28 -
Dell Limited Hardware Warranty Plus Service
997-7163
-
28 -
ProSupport: Next Business Day Onsite 3 Years
997-7188
-
28 -
ProSupport: 7x24 Technical Support, 3 Years
997-7208
-
28 -
Quantity
Subtotal
Precision 3260 Compact
Estimated delivery if purchased today:
Jun. 07, 2022
Contract # C000000181156
Customer Agreement #
MNWNC-108/7157034003
$1,263.52
45 $56,858.40
Description
SKU
Unit Price
Quantity
Subtotal
Precision 3260 CFF CTO BASE
210-BCTV
-
45 -
Intel Core i7-12700 processor (25MB Cache, 12 Core (8P+4E),
2.1GHz to 4.9GHz (65W)) TDP
338-CDBF
-
45 -
Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish
619-AQMP
-
45 -
No Microsoft Office License Included – 30 day Trial Offer Only 658-BCSB
-
45 -
3260 CFF L5.5 Chassis Americas
321-BHIN
-
45 -
16GB (2x8GB) DDR5 4800MHz, SO-DIMM, Non-ECC
370-AGXM
-
45 -
Heatsink for 80W (DGPU) Config
412-AAZS
-
45 -
Intel Integrated Graphics ready for discrete graphics upgrade 490-BHSV
-
45 -
C2 SSD Boot
449-BBYU
-
45 -
No RAID
780-BBCJ
-
45 -
512GB PCIe NVMe(TM) Gen4 M.2 SSD
400-BMQN
-
45 -
No Hard Drive
400-AKZR
-
45 -
No Hard Drive
400-AKZR
-
45 -
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
No Wireless LAN Card (no WiFi enablement)
555-BHHM
-
45 -
Intel Management Engine with vPro
631-ADGW
-
45 -
Dell KB216 Wired Keyboard English
580-ADJC
-
45 -
Dell Optical Mouse - MS116 (Black)
570-ABIE
-
45 -
ENERGY STAR Qualified
387-BBLW
-
45 -
EPEAT 2018 Registered (Gold)
379-BDZB
-
45 -
Dell Precision TPM
340-ACBY
-
45 -
No Wireless LAN Card (no WiFi enablement)
555-BBFO
-
45 -
US Power Cord
450-AHED
-
45 -
Quick Setup Guide, Precision 3260
340-CYMV
-
45 -
Dell Precision Shipping Material Americas
340-CYMW
-
45 -
Regulatory Label 240W PSU 3260 CFF
389-ECWU
-
45 -
Intel Core i7 vPro Enterprise Processor Label
389-EDDR
-
45 -
Internal Speaker
520-AAVE
-
45 -
Additional Software Win 10
658-BFNF
-
45 -
Intel Rapid Storage Technology Driver, Precision 3260
409-BCWN
-
45 -
Custom Configuration
817-BBBB
-
45 -
Integrated Intel SATA Controller
403-BBCE
-
45 -
No Cable Cover
325-BCZQ
-
45 -
240W A/C Adapter
492-BDGJ
-
45 -
Riser card
330-BBYU
-
45 -
Thank you choosing Dell ProSupport. For tech support, visit //support.dell.com/ProSupport
989-3449
-
45 -
Dell Limited Hardware Warranty Plus Service
997-2808
-
45 -
ProSupport: 7x24 Technical Support, 3 Years
997-2836
-
45 -
ProSupport: Next Business Day Onsite, 3 Years
997-6782
-
45 -
Quantity
Subtotal
Precision 3460 Small Form Factor
Estimated delivery if purchased today:
Jun. 06, 2022
Contract # C000000181156
Customer Agreement #
MNWNC-108/7157034003
$2,029.01
11 $22,319.11
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
-
11 -
HEATSINK for 65W CPU
412-AAZQ
-
11 -
Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish
619-AQDH
-
11 -
No Microsoft Office License Included – 30 day Trial Offer Only 658-BCSB
-
11 -
Precision 3460 SFF with 300W up to 92% efficient (80 Plus Platinum) PSU (System Fan)
321-BHIP
-
11 -
32GB (2x16GB) DDR5 4800MHz, SO-DIMM, Non-ECC
370-AGXG
-
11 -
AMD Radeon Pro WX 3200, 4 GB GDDR5, low profile, 4 mDP to DP adapters
490-BHJK
-
11 -
C1 SSD Boot + SSD
449-BBYR
-
11 -
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
No RAID
780-BBCJ
-
11 -
512GB PCIe NVMe(TM) Gen4 M.2 SSD
400-BMQN
-
11 -
Thermal Pad for 3460 SFF SSD
412-AAZZ
-
11 -
No Hard Drive
400-AKZR
-
11 -
No Hard Drive
400-AKZR
-
11 -
No Hard Drive
400-AKZR
-
11 -
No Additional Network Card Selected (Integrated NIC included) 555-BBJO
-
11 -
No Wireless LAN Card (no WiFi enablement)
555-BBFO
-
11 -
No Optical Drive
429-ABKR
-
11 -
CMS Software not included
632-BBBJ
-
11 -
Intel Management Engine with vPro
631-ADHJ
-
11 -
Dell KB216 Wired Keyboard English
580-ADJC
-
11 -
Dell Optical Mouse - MS116 (Black)
570-ABIE
-
11 -
ENERGY STAR Qualified
387-BBLW
-
11 -
EPEAT 2018 Registered (Gold)
379-BDZB
-
11 -
Dell Precision TPM
340-ACBY
-
11 -
US Power Cord
450-AHDU
-
11 -
Quick Setup Guide, Precision 3460
340-CYUT
-
11 -
SHIP,PWS,LNK,NO,NO,AMF
340-CBUU
-
11 -
Shipping Material
340-CQYR
-
11 -
Precision 3460 Plat Reg Label DAO
389-ECXZ
-
11 -
Intel Core i9 vPro Enterprise Processor Label
389-EDDS
-
11 -
Internal Speaker
520-AARD
-
11 -
Dust Protector - 3460 SFF
325-BELO
-
11 -
No Additional Cable
379-BBCY
-
11 -
Additional Software Win 10
658-BFND
-
11 -
Intel Rapid Storage Technology Driver, Precision 3460
409-BCWM
-
11 -
Custom Configuration
817-BBBB
-
11 -
Precision 3460 SFF CTO BASE
210-BCTU
-
11 -
Integrated Intel SATA Controller
403-BBCE
-
11 -
No Media Card Reader
385-BBBL
-
11 -
No Hard Drive
400-AKZR
-
11 -
Thank you choosing Dell ProSupport. For tech support, visit //support.dell.com/ProSupport
989-3449
-
11 -
Dell Limited Hardware Warranty Plus Service
997-2808
-
11 -
ProSupport: 7x24 Technical Support, 3 Years
997-2836
-
11 -
ProSupport: Next Business Day Onsite, 3 Years
997-6782
-
11 -
Quantity
Subtotal
Mobile Precision 7560
Estimated delivery if purchased today:
Jun. 21, 2022
Contract # C000000181156
Customer Agreement #
MNWNC-108/7157034003
$3,173.62
1 $3,173.62
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
Description
SKU
Unit Price
Quantity
Subtotal
Dell Mobile Precision Workstation 7560 CTO
210-AYYF
-
1 -
11th Gen Intel Core Processor i9-11950H (8 Core, 24MB Cache,
2.60GHz to 5.00GHz, 45W, vPro)
379-BELQ
-
1 -
Windows 10 Pro English, French, Spanish
619-ANUL
-
1 -
No Microsoft Office License Included – 30 day Trial Offer Only 658-BCSB
-
1 -
11th Gen Intel Core i9-11950H, 24MB Cache, 8 Cores, 2.60GHz to
5.00GHz, 45W, vPro
329-BFPD
-
1 -
NVIDIA RTX A3000 w/6 GB GDDR6
490-BGQJ
-
1 -
Thermal for Graphics
490-BGRG
-
1 -
vPro Enabled
631-ACYR
-
1 -
15.6" FHD, 1920x1080, 60Hz, Anti-Glare, Non-Touch, 100% DCIP3, 500 Nits, Cam/Mic, WWAN/ WLAN capable
391-BGBN
-
1 -
32 GB, 2 x 16 GB, DDR4, 3200MHz, Non-ECC, SODIMM
370-AFXS
-
1 -
M.2 2280 512 GB, Gen 4 PCIe x4 NVMe, Solid State Drive
400-BMPR
-
1 -
No Additional Hard Drive
401-AAGM
-
1 -
No Additional Hard Drive
401-AAGM
-
1 -
No RAID
780-BBFE
-
1 -
Internal Single Pointing Backlit Keyboard, US English with 10 Key Numeric Keypad
583-BGIN
-
1 -
Keyboard Lattice for 99 key and 100 key keyboard
583-BIEY
-
1 -
Palmrest FIPS Fingerprint Reader & Smart card Reader, no NFC 346-BHIJ
-
1 -
Bottom Cover with Smart Card slot and SSD Quick Access Door 354-BBEB
-
1 -
Intel Wi-Fi 6E AX210 Wireless Card with Bluetooth 5.2
555-BGJL
-
1 -
6 Cell 95Whr ExpressCharge Capable Battery
451-BCQE
-
1 -
180W E5 Power Adapter (EPEAT)
492-BCXC
-
1 -
ENERGY STAR Qualified
387-BBPS
-
1 -
EPEAT 2018 Registered (Gold)
379-BDZB
-
1 -
Quick Setup Guide for Mobile Precision 7560
340-CWHO
-
1 -
Custom Configuration
817-BBBB
-
1 -
E5 US Power Cord
537-BBBD
-
1 -
11th Gen Intel Core i9 vPro label
340-CVCS
-
1 -
Intel Wi-Fi 6E AX210, (6GHz), 2x2 with BT5.2
555-BGUF
-
1 -
No Security Software
650-AAJS
-
1 -
Mix Model Packaging
340-CWHP
-
1 -
SupportAssist
525-BBCL
-
1 -
Dell(TM) Digital Delivery Cirrus Client
640-BBLW
-
1 -
Dell Optimizer for Precision
640-BBSC
-
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 Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
Regulatory Label included
389-BEYY
-
1 -
Dell Limited Hardware Warranty Plus Service
812-3147
-
1 -
ProSupport: Next Business Day Onsite, 3 Years
812-3158
-
1 -
ProSupport: 7x24 Technical Support, 3 Years
812-3159
-
1 -
Thank you choosing Dell ProSupport. For tech support, visit //support.dell.com/ProSupport
989-3449
-
1 -
Quantity
Subtotal
OptiPlex 5000 Micro
Estimated delivery if purchased today:
Aug. 05, 2022
Contract # C000000181156
Customer Agreement #
MNWNC-108/7157034003
$1,233.07
70 $86,314.90
Description
SKU
Unit Price
Quantity
Subtotal
OptiPlex 5000 Micro XCTO
210-BCRG
-
70 -
12th Generation Intel Core i7-12700T (12 Cores/25MB/20T/1.4GHz to
4.7GHz/35W)
338-CCYH
-
70 -
Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish
619-AQMP
-
70 -
No Microsoft Office License Included – 30 day Trial Offer Only 658-BCSB
-
70 -
16GB (2x8GB) DDR4 Non-ECC Memory
370-AFWC
-
70 -
M.2 2230 512GB PCIe NVMe Class 35 Solid State Drive
400-BEUX
-
70 -
Thermal Pad for Micro
412-AAZO
-
70 -
M2X3.5 Screw for SSD/DDPE
773-BBBC
-
70 -
No Additional Hard Drive
401-AANH
-
70 -
OptiPlex 5000 Micro
329-BGMI
-
70 -
130 Watt A/C Adapter
450-ALFN
-
70 -
US Power Cord
450-AAZN
-
70 -
No Wireless LAN Card (no WiFi enablement)
555-BBFO
-
70 -
No Wireless Driver (no WiFi enablement)
340-AFMQ
-
70 -
No PCIe add-in card
492-BBFF
-
70 -
SupportAssist
525-BBCL
-
70 -
Dell(TM) Digital Delivery Cirrus Client
640-BBLW
-
70 -
Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps)
658-BBMR
-
70 -
Waves Maxx Audio
658-BBRB
-
70 -
Dell SupportAssist OS Recovery Tool
658-BEOK
-
70 -
Dell Optimizer
658-BEQP
-
70 -
Windows PKID Label
658-BFDQ
-
70 -
SW Driver, Intel Rapid Storage Technology, OptiPlex 5000 658-BFJT
-
70 -
ENERGY STAR Qualified
387-BBLW
-
70 -
Dell Watchdog Timer
379-BESJ
-
70 -
Quick Start Guide
340-CYEU
-
70 -
Trusted Platform Module (Discrete TPM Enabled)
329-BBJL
-
70 -
Shipping Material
340-CQYN
-
70 -
Shipping Label
389-BBUU
-
70 -
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
Regulatory Label for OptiPlex 5000 Micro 130W
386-BBBT
-
70 -
Intel Core i7 vPro Essentials Processor Label
340-CYUP
-
70 -
Desktop BTO Standard shipment
800-BBIO
-
70 -
Dell KB522 Business Multimedia Keyboard (US)
580-AFHW
-
70 -
Dell Optical Mouse - MS116 (Black)
570-ABIE
-
70 -
No Cable Cover
325-BCZQ
-
70 -
No Additional Cable
379-BBCY
-
70 -
Custom Configuration
817-BBBB
-
70 -
Internal Speaker
520-AAVE
-
70 -
No Option Included
340-ACQQ
-
70 -
EPEAT 2018 Registered (Silver)
379-BDTO
-
70 -
Intel vPro Essentials
631-ADES
-
70 -
Dell Limited Hardware Warranty Plus Service
804-9043
-
70 -
ProSupport: 7x24 Technical Support, 3 Years
804-9050
-
70 -
ProSupport: Next Business Day Onsite 3 Years
804-9070
-
70 -
Thank you choosing Dell ProSupport. For tech support, visit //support.dell.com/ProSupport
989-3449
-
70 -
Basic Deployment for Client, Configuration Services
366-0493
-
70 -
ProDeploy Client Suite Imaging Services, Configuration Services 366-0496
-
70 -
Basic Deployment for Client Basic Information, Configuration Services 380-6311
-
70 -
ProDeploy Client Suite Imaging Services, Information, Configuration Services
380-6314
-
70 -
Basic Deployment Dell Client PC
810-1356
-
70 -
Quantity
Subtotal
Dell UltraSharp 43 4K USB-C Monitor - U4320Q, 107.9cm (42.5") Estimated delivery if purchased today:
May. 13, 2022
Contract # C000000181156
Customer Agreement #
MNWNC-108/7157034003
$933.29
6 $5,599.74
Description
SKU
Unit Price
Quantity
Subtotal
Dell UltraSharp 43 4K USB C Monitor
U4320Q
210-AVKE
-
6 -
Dell Limited Hardware Warranty
815-2573
-
6 -
Advanced Exchange Service, 3 Years
815-2574
-
6 -
Quantity
Subtotal
Dell Ultrasharp 32 4K USB-C Monitor – U3219Q
Estimated delivery if purchased today:
May. 13, 2022
Contract # C000000181156
Customer Agreement #
MNWNC-108/7157034003
$832.99
7 $5,830.93
Description
SKU
Unit Price
Quantity
Subtotal
Dell Ultrasharp 32 4K USB-C Monitor - U3219Q
210-AQZZ
-
7 -
Advanced Exchange Service, 3 Years
827-0203
-
7 -
Dell Limited Hardware Warranty
827-0214
-
7 -
Quantity
Subtotal
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
Dell 24 Monitor - P2423, 61cm (24")
Estimated delivery if purchased today:
May. 16, 2022
Contract # C000000181156
Customer Agreement #
MNWNC-108/7157034003
$300.99
32 $9,631.68
Description
SKU
Unit Price
Quantity
Subtotal
Dell 24 Monitor - P2423, 61cm (24")
210-BDKC
-
32 -
Dell Limited Hardware Warranty
814-5380
-
32 -
Advanced Exchange Service, 3 Years
814-5381
-
32 -
Quantity
Subtotal
Dell Monitor Slim Soundbar - SB521A
Estimated delivery if purchased today:
Jun. 13, 2022
Contract # C000000181156
Customer Agreement #
MNWNC-108/7157034003
$38.49
5 $192.45
Description
SKU
Unit Price
Quantity
Subtotal
Dell Monitor Slim Soundbar - SB521A
520-AARU
-
5 -
Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$279,477.51
$0.00
$236.00
$23,190.22
$302,903.73
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
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, Member FDIC, who determines qualifications for and terms of credit. Taxes, shipping and other charges are extra and vary. Minimum monthly payments are the greater of $15 or 3% of the new balance shown on the monthly billing statement. Dell and the Dell logo are trademarks of Dell Inc.
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
ATTACHMENT B
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 3 to NASPO Master Agreement MNWNC-108
AMENDMENT NO. 3 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, 2021 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.
Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.
NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:
1. That NASPO Master Agreement No. MNWNC-108 is extended through July 31, 2022, at the same prices, terms, and conditions.
This Amendment is effective beginning August 1, 2021, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first.
Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.
1. 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: EAC889CC-0F07-480E-AB62-8DFA4A153228 Contract Administrator
5/10/2021
Alyssa Sayles
5/14/2021
5/14/2021
~IIIIBIIta
STATE OF MINNESOTA
Materials Management Division
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155 DEPARTMENT OF ADMINISTRATION ,
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. __ ,..; CONTRACT NO:
One Dell Way 1 S',.-
Mailstop 87'07' ~ltl-33 ~~- :>-ju,(~
Round Rock, TX 78682 /.J?;;? .4'/l/t..CONTRACT PERIOD:
Contract Vendor Administrator: Diane
Wigington
Email: Diane [email protected]
Phone: (512) 728-4805
THROUGH
EXTENSION OPTION:
MNWNC-108
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 Slate: 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; and 4. the 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby.
1. DELL MARKETING L. P. 2. MINNESOTA MATERIALS MANAGEMENT DIVISION By:
Title:
St~hanie G. Miller ~ '{'J Pnffiea ame r
Contract Manager /Sen iD( M.lln£l8ef
I (p fd?Y"uary 'l Dl5 Date:
By:
1gna ure 3. MINNESOTA COMMISSIONER OF ADMINISTRATION
Or delegated representative.
By:
Original signed
Title:
Date:
Date:
MAR 0 3 2015
By lucas J. Jan nett
CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L P.
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.
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.
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.
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 tore issue 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. 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.
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.
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. 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. 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.
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. 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. 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. 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. 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.
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. 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. 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. 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. 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. 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. 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.
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.
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.
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. 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.
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.
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.
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.
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.
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 WSCA-
NASPO 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.
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. 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. 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.
ATTACHMENT C
Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:
Matthew Pugh, Interim Information Technology Officer
Subject:
Purchase of New Software Licenses for Microsoft SQL Server
Recommendation:
That the Honorable City Council award the purchase in the amount not to exceed $41,508.80 to Dell Marketing, LP for sixteen Microsoft SQL Server 2-core licenses to support new database servers for the City’s enterprise resource planning software suite.
Fiscal Impact:
The City has made purchases of software licensing and hardware through Dell Marketing, LP in the current fiscal year that exceed the City Manager’s $50,000 signing authority and this item is therefore being presented to the Honorable City Council for consideration per Section 2.28.060(d) of the Victorville Municipal Code (VMC).
Funds for this purchase are currently available in the General Fund’s t echnology infrastructure contract services account 1001555-52300, which has a budget of $607,413.00 in the Adopted Annual Budget for Fiscal Year 2021-2022.
No additional appropriation is required.
Background:
The City’s current enterprise resource planning software, Munis, and document management software, Tyler Content Manager (herein known as “TCM”) were deployed in March of 2016 on newly created virtual servers that exist in the City’s on-premises data center. The database for Munis and the database for TCM were installed on the same server, which is causing significant performance issues because 1) a Microsoft Structured Query Language (SQL) Server database will use 100% of the server’s random -access memory (aka “RAM”) as it is allocated, which is how the software was designed by Microsoft, and 2) the City’s use of Munis and TCM has significantly increased since 2016 with the inclusion of EnerGov in October of 2017. Since the Munis and TCM databases
are on the same server, both databases are constantly competing for RAM along with the Windows Server operating system and the Munis software application itself. This puts a profound strain on the server that is no longer sustainable because the city-wide system slowness being experienced by the staff that use the software is causing significant impacts to operations and important business workflows. Information Technology (IT) Department Staff spend a disproportionate amount of time attempting to rectify the system slowness or unresponsiveness, but until the architecture of the software is distributed across more servers, no improvements can be made.
Industry best-practice is to separate the SQL Server databases on to their own dedicated servers. This will increase the number of servers running Munis and TCM from three (which includes the primary application server, the TCM application server, and the Munis web server that hosts the online utility bill payment system and the Employee Self Service system) to five. Distributing the computing requirements of these two software applications will 1) improve the performance of Munis, including completing large jobs like bill runs and check runs faster, 2) increase the performance of TCM by allowing it to find and render documents faster, and 3) improve the performance of EnerGov with its integration to TCM and Munis Financials (ie: Tyler Cashiering and payment batches). In 2018, EnerGov was having similar performance issues that needed constant attention by IT Department Staff. The EnerGov database was separated to its own dedicated server later that year, and the performance issues essentially ceased. IT Department Staff expect a similar result with a successful database separation for Munis and TCM.
The database server separation will also kick off the first step in an over -due server migration process to move the Munis and TCM software installations off the Windows Server 2012 operating system version and Microsoft SQL Server 2012 version. Both of these versions are considered “end of life,” meaning they will no longer get updates and security patches from Microsoft, which puts the City at significant cyber-security risk. It is industry best-practice to operate on a version of Windows Server and SQL Server that are actively supported by Microsoft to mitigate security risks and take advantage of the latest advancements in technology. These databases will be built on the Windows Server 2019 operating system version which will allow the City to be on a supported version until 2029. Once the database separation is complete, the Munis application server, web server, and TCM application server will undergo a migration to the Windows Server 2019 version as well.
Discussion:
The new Munis and TCM database servers have been built and configured in the City’s existing virtual server environment, taking full advantage of available central processing unit (CPU) capacity by allocating 16 CPU cores to each server. This will increase the computing capability of the infrastructure by a factor of four, where the existing 8 CPU cores that currently run both databases will be spread among a combined total of 32 CPU cores. Each new database server will also be allocated 128 gigabytes (GB) of RAM, increasing the total available memory from the current 80 GB to 256 GB, a three factor increase. To summarize, more computing power will lead to better performance.
The final step in this new server preparation before Tyler Technologies installs new versions of Munis and TCM is to license Microsoft SQL Server software for the databases.
Through its large account resellers, Microsoft offers a custom Enterprise Agreement (EA) to all government agencies within the State of California. Microsoft’s Enterpr ise Agreement is a volume perpetual licensing program that enables organizations with 250 or more users the flexibility to purchase a complete suite of software licenses and updates under one agreement. Many agencies throughout the State participate in a cooperative purchasing program known as the “Riverside Master EA” which originated from a request for proposal (RFP) initiated by the County of Riverside in 2019. Participation in the Riverside Master EA allows the City of Victorville to purchase Microsoft volume licensing at a discount of approximately 40%.
The City has a current Microsoft Enterprise Agreement No. 8235133 that was adopted by the Honorable City Council on November 19, 2019 that is valid through October 31, 2022.
The proposed Microsoft SQL Server licensing will be added to the City’s current agreement and the purchase of the new licenses will be made under the same Riverside Master EA No. PSA- 0001524 which is valid through October 31, 2024 per Amendment No. 1 to the Licensing Solution Provider Agreement with Dell Marketing, LP adopted by the County of Riverside on April 28, 2020. Per VMC Section 2.28.100 Subsection (b)(3), the Honorable City Council may authorize purchases of general services, supplies and equipment through a cooperative purchasing arrangement pursuant to Section 2.28.120 of the VMC. Participating in the Riverside Master EA meets the requirements of purchasing system established by the VMC. Attachment A contains the original agreement between Microsoft and the County of Riverside, and Attachment B contains Amendment No. 1 to said agreement authorizing Dell Marketing, LP to sell Microsoft licensing under the terms and rates of the Riverside Master EA through October 31, 2024.
The IT Department recommends that the Honorable City Council award the purchase of sixteen Microsoft SQL Server 2- core licenses in the amount of $41,508.80 to Dell Marketing, LP per the pricing quotation found in Attachment C. This will allow the IT Department to make significant improvements to the profoundly important Munis and TCM software applications that are used by all City departments each day. IT Department Staff is available to answer any questions you may have.
Attachments: A. Riverside County Master EA with Microsoft B. Riverside County Master EA Extension Amendment 1 with Dell Marketing LP
C. Dell Marketing LP Quote - SQL Standard (16-core) Licenses
ATTACHMENT A
ATTACHMENT B
COUNTY OF RIVERSIDE
AMENDMENT NO . I TO THE LICENSING SOLUTION PROVIDER AGREEMENT WITH
Original Contract Term:
Original Contract ID:
Effective Date of Amendment:
Dell Marketing L.P.
11 /01/2019 through I 0/3 l /2021
PSA-0001524
04/01 /2020
Original Annual Maximum Contract Amount: $0
Amended Annual Maximum Contract Amount: $0
This AMENDMENT NO. I TO THE LICENSING SOLUTION PROVIDER AGREEMENT with Dell Marketing L.P. (" First Amendment "), dated as of O I April 2020 , is entered into by and between the County of Riverside ("COUNTY "), a political subdivision of the State of California , and Dell Marketing L.P . ("CONTRACTOR "), a Texas corporation , sometimes collectively referred to as the " Parties ".
RECITALS
WHEREAS , COUNTY and Microsoft Corporation ("Microsoft ") have entered into that certain Microsoft Enterprise Agreement (Master Agreement No. 8084445; the "Master Agreement "), effective August 23, 2019 , under which COUNTY has the ability to enter into one or more enrollments to order certain Microsoft product licenses;
WHEREAS , CONTRACTOR and COUNTY entered into the aforementioned Licensing Solution Provider Agreement Number PSA -0001524 (the "Agreement ") to provide support services to COUNTY and its Enrolled Affiliates (as defined in the Master Agreement) for said licenses ; and WHEREAS , COUNTY and CONTRACTOR now desire to amend the Agreement for the first time to extend the period of performance of the Agreement.
NOW , THEREFORE , for good and valuable consideration the receipt and adequacy of which 1s hereby acknowledged , the Parties agree as follows :
I. The above recitals are true and correct , and are incorporated herein by reference.
2. Section 4 of the Agreement is hereby deleted in its entirety and replaced with the following:
"This Agreement shall be effective from November I, 2019 through October 31 , 2024 , unless terminated earlier (the "Term ")."
3. Section 9 of the Agreement is hereby deleted in its entirety and replaced with the following:
" Usage Reporting: CONTRACTOR will provide to COUNTY the Licensed Support Provider (LSP) Reporting of Active Enrollments to Master Microsoft Enterprise Agreement No. 8084445 , Select Plus Agreement No. 7756479 , Microsoft Premier , Unified , and MCS Support services , showing a list of enrollments by December 15th of each year . Forms shall be submitted electronically to MasterMicrosoftAdmin @ rivco.org. A copy of the form is attached hereto as Exhibit D and incorporated herein by reference. "
4. Capitalized Terms/Amendment to Prevail. Unless defined herein or the context requires otherwise , all capitalized terms herein shall have the meaning defined in the Agreement , as heretofore I
BOS agenda #3.16 Approved 22 October 2019
Form #116-311 Revision Date: 01/13/2016
RCIT 3450 14th Street , Riverside , CA 92501
5. COUNTY OF RIVERSIDE
/\i'vlENDivlENTNO. I TO THE LICENSING SOLUTION PROVIDC-:R AGREL-:f'vlENT WITII
Dell rvlarketing L.P.
omcnded. The prnv1s1ons or this First /\rncndrncnt shall prevail over any incnnsistL:ncy or conl'licting provisions of the /\greemcnt. as heretofore amended, and shall supplement the remaining provisions thereor.
rvliscellnneous. Except as nmcnded or modified hen:in. all the terms or the /\grcernent shall remain in full force ancl effect and shall npply with the same force and effect. Time is of the essence in this First /\mcnclmenl and the Agreement and each and all of their respective provisions. Su~jecl to the provisions or the J\grcc111cnt as to assignment_ !he agreements . conditions and provisions herein contained shall apply 10 and hind the heirs, executors. adrninislrntors. successors and assigns or the parties hereto. If any provisions of this 1-' irst Amencl1m:nt or the 1\gree1m:n1 shall be ddermined LO lie illegal or uncnl"orccable. such determination shall not nflect any otlwr provision of' the 1\grccmcnt and all such other provisions shall remain in full force and cffcc!. The language in all pans of the Agreement shall he construed according lo its nornrnl and usual meaning and not strictly for or ngainsl either COUNT\' or CONTRACTOR .
~ffcclivc Dale. This First Amendment shall nnt be binding or consumnrntcd until its approval by the Riverside County Board or Supervisors and f"ully executed by the Parties. lN WITNESS \VHF.REOF, the Parties hereto have caused their duly authorized reprcscntntives to execute !his First Amendment.
COUNTY OF RIVERSIDE, a political
li:irnia
Richard R. Hai
Senior Procurement Contract Specialist
Dated: $_2 F / 2o 2a
I\PPROVLD 1\S TO FORM:
Gregory P. Prinmos
~"'"' Qt;_
• Susanna Oh
Deputy County Counsel
Dell Marketing L.P .. a Texas corporation
/\mnnda E. Hudson
Conlrasi.fs tvlanjtger
Dated: ·f{<t?1 i<;;~,~t:•
BOS agc,mla f/3. 10 Approved 22 Oclol><:r 20 ·10
Fo1m lt11G-311 Revision Dale: 01/13/2016
l~CIT 3,150 ·1,1'" Street. mve,sidc . CA ()250 I
.,
ATTACHMENT C
Chris Boyington
[email protected]
512.647.6338
Customer: City of Victorville
Customer#: 4501787 Date of Issue: 5/4/22
Microsoft Enterprise Agreement #: 8235133
Product Description Mfg# Quantity Unit Price Ext. Price SQLSvrStdCore ALNG LicSAPk MVL 2Lic CoreLic 7NQ-00302 $2,594.30 $41,508.80 Grand Total $41,508.80
Notes:
Quote prepared by: Chris A Johnson
Section 1- Licenses and Software Assurance
16 Item Number: XX
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:
Matthew Pugh, Interim Information Technology Officer
Subject:
Purchase of New Dell Hosting Servers and Data Storage
Recommendation:
That the Honorable City Council:
1) Award the purchase of eight new Dell VxRail server and storage machines with accompanying network equipment in the amount of $1,283,416.26 to The ReDesign Group; and
2) Adopt Resolution No. 22-049 approving an additional appropriation in the amount of $835,000.00 to the General Fund Information Technology Infrastructure Equipment Expense Account.
Fiscal Impact:
An additional appropriation in the amount of $835,000.00 in the General Fund Information Technology Infrastructure Equipment expense account 1001555-52220 is required to meet the cost of the proposed Dell server and storage purchase.
The increase to the existing budget, if approved by the Honorable City Council, in the General Fund information technology infrastructure equipment expense account (1001555-52220) in the amount of $835,000.00 will be added to the existing account to cover 94% of the proposed server and storage purchase. The remaining 6% will be covered by the funds currently available in the Technology Fee Fund equipment expense account (1111561-52260).
FUND / ACCOUNT FUNDS TO BE
USED
PCT.
General Fund – Technology Infrastructure Expense
Account 1001555-52220 (Existing Funds)
$366,000.00 29%
Technology Surcharge Fund – Equipment Expense
Account 1111561-52260
$85,000.00 6%
Additional Appropriation request in Account 1001555-
52220 if Resolution No. 22-049 is Adopted
$835,000.00 65%
Total $1,286,000.00 100%
When the Fiscal Year 2021-2022 Annual Budget was adopted by the Honorable City Council on June 30, 2021, and when the mid-year budget adjustments were approved by the Honorable City Council on March 15, 2022, a data center upgrade was not proposed. Unfortunately, recent issues with hardware, overall computing performance, and the arrival to the computing cap and expandability cap since the Dell Engineer’s residency ended and his recommendations were provided have necessitated the inclusion of the project before you. Furthermore, world-wide computing chip shortages and logistical challenges have made current lead-times on technology equipment significantly long, with the average delivery date being 3-4 months after an order is received.
Background:
The City of Victorville operates an on-premises data center, which is a collection of computing servers and storage hard drives. The data center allows the City to self-host software programs and websites on an array of one hundred virtual servers that support the operations of all departments.
These software products include the Munis Enterprise Resource Planning system, the EnerGov permitting and licensing system, the City geographic information system (GIS), the two document management systems: Questys and Tyler Content Manager, the Cisco Unified Communications telephone system, the HelpDesk IT Support system, the EnerGov Work Order system, the City Website, and many others. These software programs are heavily relied upon for internal business processes such as budgeting, capital and asset management, work order management, operations management, human resources management, permitting, code compliance, building inspections, licensing, archiving, mapping, and data intelligence.
The City’s IT Department experienced significant staff turn-over in 2021, which resulted in a significant amount of institutional knowledge being lost. As a result, in December 2021, the City Manager authorized a 45 day contract for professional services with Dell Marketing, LP to allow a highly skilled and experienced Dell Systems Engineer to perform an on-site residency to address several severe issues the City’s data center was experiencing at the time, including failed hard drives on the City’s data backup system and a server host that was disconnected from the data center management system, which put extra strain on the seven other hosting servers. The Dell Systems Engineer began his residency on February 10, 2022, and finished March 24, 2022. The Engineer worked directly with staff to analyze and document current data center issues and made recommendations regarding needed hardware replacements upon conclusion of his residency, including replacement of the hosting servers and data storage drives to modernize the data center with the latest storage technology and to allow the City to expand the capacity the software applications hosted on the data center.
The existing data center server and storage infrastructure currently deployed is outdated and in need of replacement because this equipment has reached end-of-life (EOL) status, meaning the manufacturer of the equipment, Dell Technologies, will no longer manufacture and sell it to its customers due to technology advancing beyond what this equipment can provide. The following table summarizes the equipment currently deployed in the City’s data center and when the equipment reached end-of-life status:
DATA CENTER COMPONENT APPROX. DATE
DEPLOYED
END OF LIFE
DATE
Dell EqualLogic SAN (storage) March 2009 November 2015
Dell Compellent SAN (storage) January 2015 January 2021 Dell ESXi vSphere Hosts – 8 Machines
(computing servers)
January 2015 October 2022
It is very risky for the City to operate on SANs (storage area networks, which is a cluster of hard drives where large amounts of data is stored) that are in EOL status because if a hard drive fails, which is common, the IT Department will not be able to get a replacement because the replacement must be the same make and model in the existing array for it to work. Once enough hard drives fail, the City could begin to lose vital data that is critical to its operation. Furthermore, most of the available storage space on these SANs has been allocated to the one hundred virtual servers the IT Department currently has deployed to run the software applications previously mentioned, which means the IT Department cannot build any additional virtual servers to support new software applications or expand the existing software applications unless the storage capacity is expanded.
In conjunction with the storage issues described, the eight computing machines that run all the processes of the 100 virtual servers cannot meet the current demand during peak business hours.
When computer processors are running at or near their capability, they begin to run more slowly which in turn causes the processes and software to run much slower than they should. Since it is not possible to request that departments utilize a software to a lesser extent, more computing machines need to be added to the eight existing machines to increase the computing power to meet the current demand of the City’s users. Unfortunately, because Dell Technologies no longer manufactures the Dell ESXi vSphere Hosts, the IT Department cannot add additional machines to the data center, thus creating a cap on the City’s computing power. This computing power cap will continue to get worse as time goes on as demand will continue to increase as more staff are hired and more members of the public use the City’s online services.
The issues that are being caused by the storage and computing limitations described are clearly evident with the Munis and Tyler Content Manager (TCM) software applications because they take most of the computing and storage capacity of the City’s data center. Munis and TCM currently reside on 3 virtual servers, including both required databases, which both exist on the primary Munis application virtual server. The high demand on the Munis system has caused these three servers to be over-loaded, meaning the computer processors and RAM (random access memory) allocated to it needs to be expanded to meet the demand of the City staff that are using them. IT Staff are working diligently to distribute the computing needs of these systems over more servers and have built 5 new virtual servers to install a new version of these software applications on. This will allow the databases of these software applications to have the resources they need to perform; however, these five new virtual servers have taken the remaining processor and RAM capacity of the data center leaving no room to expand EnerGov or GIS servers to increase their capacity and capability.
Discussion:
The City must purchase new server and storage equipment to continue to meet the existing departmental needs as well as allow the IT Department to expand the computing and storage capacity of its data center to store more data and implement new software applications in the future.
In addition, operating on equipment that is currently supported by the manufacturer is critical to the stability and security of the City’s technology components because it ensures that the equipment gets current software and firmware updates for cyber-security, and it ensures that replacement parts can be delivered quickly in the event of a failure. Using equipment that is well beyond the support of the manufacturer puts the City at risk of technology disaster should that equipment fail or be compromised from cyber-attack.
The IT Department has been working directly with Dell Marketing, LP and one of their titanium level partners, The ReDesign Group, for several weeks to design a new data center solution that will allow the City to operate its self-hosted software applications optimally for the next seven to eight years, which is the average lifespan of server and storage equipment. This solution will replace the Dell EqualLogic SAN, the Dell Compellent SAN, and the eight Dell ESXi vSphere Hosting Servers.
In doing so, it will effectively increase the storage capacity of the data center by 35% (and can be further expanded in the future, if necessary), the processor capacity by 100%, and its RAM capacity by 129%. This increase will ensure that the software applications in the City will have enough computing power allocated to them to allow them to run quickly and reliably with minimal to no downtime during business hours. The proposed solution, Dell VxRail, utilizes the latest storage technology, which is called Flash. This storage technology is nearly four times as fast as the traditional spinning disk hard drives that the Dell EqualLogic SAN and Compellent SAN operate with. In addition, Dell VxRail combines the computing and storage components together on the same machine (termed “hyperconverged”) to further boost the speed at which this server solution can perform because it eliminates the networking distance between the server and the storage.
Design of this solution was based on the recommendations of the Dell Engineer and an analysis of the existing infrastructure using a tool called Live Optics. This tool monitors the usage of the data center components reports on its utilization over the course of seven to ten days. The reports concluded that during peak utilization of the data center, the core virtual servers that run Munis, TCM, EnerGov, and GIS were reaching 100% capacity in their computing power and well over 90% of the server’s memory, which in turn causes significant degradation in the servers’ performance. It was also discovered that the primary City file share server where many of the departments’ key documents are stored has a latency (which is the length of time it takes to retrieve data) forty-times the industry standard of 50 milliseconds, with many other servers, including the Munis and TCM database server, well above industry standard. Attachment A illustrates the findings of the Live Optics tool for reference and illustrates that the proposed design of this new data center infrastructure is purely data and demand driven.
The IT Department has been using Dell Technologies for its data center components for nearly two decades and the equipment and services provided by Dell Technologies has been very reliable over that time. For example, while the Dell Compellent SAN was in support, Dell Technologies was able to deliver new hard drives to replace failed hard drives within 4 hours, allowing the IT Department to minimize or eliminate potential data loss or system down-time. While there are other hardware manufacturers of servers such has Hewlett-Packard or IBM, the IT Department requests to continue to use Dell Technologies equipment due to the long history of reliability previously mentioned, IT Staff’s familiarity with Dell hardware, and compatibility with the other components of the City’s data center such as the Unified Communication telephone servers, SCADA servers, and backup servers all being Dell Technologies. Attachment B contains a completed sole source/sole brand request form to remain standardized on Dell Technologies equipment as required by Section 2.28.100(b)(2) of the Victorville Municipal Code (VMC).
The ReDesign Group have submitted a proposal to replace the existing City data center infrastructure, Attachment C, in the amount of $1,283,416.26. The proposal includes the new server and storage equipment, Dell VxRail, in addition to three-year warranties for all equipment, which includes four-hour mission-critical support that will allow the IT Department to receive replacement equipment within four hours should anything fail. The purchase of this server and storage solution through The ReDesign Group as recommended by Dell Marketing, LP falls under the National Association of State Procurement Officials (NASPO) ValuePoint Cooperative Contracts competitive pricing agreement number MNWNC-108 with Amendment Numbers 1, 2, and 3 (Attachment D), with California Participating Addendum No. 7-15-70-34-003, Amendment No. 2 (Attachment E), which is valid through July 31, 2022. The primary goal of public procurement is to obtain quality goods and services to support effective and efficient use of public funds. Utilizing a competitive bid cooperative contract can save significant time and money in the procurement process as well as lower contract prices through the power of aggregation. NASPO contracts involve all 50 state procurement officials through a statewide participating addendum (PA) with the NASPO ValuePoint suppliers/contractors, as in this case, ReDesign Group via the Dell Marketing LP contract. This contract, as well as many others, was competitively solicited, aggregating all 50 state’s needs. The ValuePoint Executive Council awards the master agreements and are available to all states, their political subdivisions, and other eligible entities, such as non-profits. This cooperative purchasing agreement meets the requirements of Section 2.28.100 of the Victorville Municipal Code (VMC) under subsection 2.28.100(b)(3), which states that the Honorable City Council may authorize the purchase of general services, supplies or equipment through a cooperative purchasing arrangement pursuant to Section 2.28.120 and are at least as restrictive as the City’s procurement requirements.
Staff recommends the Honorable City Council adopt Resolution No. 22-049 for an additional appropriation of $835,000 from the General Fund to the technology infrastructure equipment expense account 1001555-52220 and award the purchase of the proposed Dell server and storage equipment through The ReDesign Group, a premier partner of the City’s long-time technology equipment supplier, Dell Marketing, LP. Staff are available to answer any questions you may have.
Attachments:A. Live Optics Report and ReDesign Group Findings B. City of Victorville Sole Source/Brand Request Form
C. The ReDesign Group Data Center Modernization Proposal D. NASPO Value Point Master Agreement No. MNWNC-108, Amendments 1, 2, and 3
E. CA Participating Addendum No. 7-15-7034-003, Amendment No. 2 F. Resolution No. 22-049
ATTACHMENT A
City of
Victorville
Prepared By:
The [RE]DESIGN GroupCity of Victorville
Prepared For:
[RE]DESIGN – Modernization Proposal
Version #5
Delivered May 2022
CULTURE
• Problem Solvers
• Operate in the Service of Others
• Focus on Long Term Partnerships
• Process & Execution Focused
SKILL SETS
• Application & Workflow Transformation
• Infrastructure & Cloud Integration
• Security
• IT Operations
RECOGNITION
Security
Services
Solution
Provider
Consulting
Services
Managed
Services
WHAT WE DOWHO WE ARE
[RE]DESIGN is a Global Technology Consulting Firm built with the right culture, team and services to disrupt the status quo of existing technology partners.
The Future Belongs to the Curious
Los Angeles
The [RE]DESIGN Group
London
The [RE]DESIGN Group LTD
Paris
The [RE]DESIGN Group FR
Vancouver
The [RE]DESIGN Group Canada
Software
Services
Systems & Cloud
Integration
Fastest
Growing
Solution
Provider
in North
America
#17
Our Clients
Our Partners
Phase 1 – Assess
We run a variety of simple-to-set up tools to collect health metrics and KPIs on all relevant systems within your
environment. These tools are non-invasive and only take a few minutes to set up.
Phase 2 – Discover
We schedule a call to verify the assessment data is accurate, to define desired business and technology outcomes, and to get additional details on relevant information related to the project – including locations, data center, network, and data protection requirements
Phase 3 – Propose
We summarize our assessment and provide multiple solution options designed to achieve your desired outcomes, with competitive pricing and a complete overview of out selection process and criteria.
Phase 4 – Implement
If you choose to move forward with one of our options, we handle the onsite deployment, systems integration, and
complete workload migration as part of our proposal. By the time we disengage, all your net-new systems will be fully migrated to a production state.
Our Process
Current State Summary
Current State Analysis - Production
MC Apps – AD | SQL | GIS | IVR | Finance
Network – 10g CNA
Virtual – vCenter 6.7, vSphere 6.7 Ent+
Servers – (8)FC630
Storage – EqualLogic, Compellent, VMFS5
Data Protection– Veeam
Latency Profile CPU Utilization
Heatmap – Host Peak Values - Production
Peak Average
Host CPU % CPU (GHz) RAM % RAM IOPS MB/s R Lat. W Lat.
covchesxi01 72 36.97 65 164.98 6914 866.6 36.63 93.99
covchesxi02 68 35.17 64 164.37 4350 165.6 9.24 24.28
covchesxi03 62 32.05 66 167.97 3282 139.3 13.98 41.88
covchesxi04 50 25.96 71 182.14 4362 95.3 11.06 38.42
covchesxi06 71 36.4 78 200.66 7721 484.1 8.86 11.02
covchesxi07 69 35.53 57 144.66 2183 82.7 10.26 10.74
covchesxi08 78 40.14 64 162.56 4824 253.6 9.62 12.23
Host CPU % CPU (GHz) RAM % RAM IOPS R/W MB/s R Lat. W Lat. covchesxi01 36 18.58 64 164.86 939 80% / 20% 164 5.15 15.6 covchesxi02 28 14.64 64 164.25 540 79% / 21% 22 2.93 4.68 covchesxi03 33 17.14 66 167.85 414 76% / 24% 12 3.44 7.07 covchesxi04 21 10.91 71 182.04 621 89% / 11% 13 1.18 2.33 covchesxi06 17 9.03 74 190.41 1668 44% / 56% 18 2.05 1.76 covchesxi07 38 19.6 56 142.92 513 80% / 20% 15 1.89 2.19 covchesxi08 17 8.71 61 159.39 998 81% / 19% 43 1.11 1.88
Heatmap – Host Peak Values - UC
Peak Average
Host CPU % CPU (GHz) RAM % RAM IOPS MB/s R Lat. W Lat.
covchuc01 20 10.77 47 37.48 2106 46.7 5.14 22
covchuc02 17 9.08 58 37.33 1472 32.8 9.04 13.05
Host CPU % CPU (GHz) RAM % RAM IOPS R/W MB/s R Lat. W Lat. covchuc01 9 5.09 47 37.40 274 45% / 55% 3 0.78 4.08
covchuc02 8 4.28 58 37.22 180 51% / 49% 2 1.21 2.61
Heatmap – VM Peak Values - Production
VM Name vCPU % vCPU (GHz) RAM % RAM IOPS R Lat. W Lat. Lat. R IOPS W IOPS R MB/s W MB/s COVCHMA 100 26.36 99 79.20 11515 133 143 141 11504 4750 887 218 COVCHEGDB 78 20.1 81 64.00 8079 32 59 55 7373 6692 652 379 COVCHEGAPP 93 23.99 92 58.88 1345 32 177 156 1089 975 121 124 COVCHWSUS 100 12.95 99 31.68 6478 77 1687 529 6476 2084 182 127 COVCHMCMS 63 16.15 99 31.68 1777 34 37 33 1761 1354 37 26 COVCHEGSS 74 19.06 99 23.76 2636 35 72 61 2635 933 147 62 COVCHGISAGS 100 27.62 59 18.24 272 29 68 68 117 271 9 36 WIN10-REF 68 8.79 99 15.84 3569 49 76 57 1220 3423 130 40 COVCHLENEL 99 12.7 99 15.84 5001 20 102 69 4670 2227 61 56 COVCHRDG 88 11.34 99 15.84 978 40 33 33 929 577 26 36
COVCHPRINT 100 12.99 98 15.68 1449 35 67 67 1125 1326 28 61 ECMX 100 6.49 99 15.52 3090 80 58 58 3089 119 15 4
COVCHTIS 100 12.89 97 15.52 1257 71 49 49 1102 928 16 38 COVCHFS01 100 13.65 97 15.52 3993 36 2104 1199 3814 2230 329 71 COVCHUSERS 100 12.88 92 14.72 4617 87 274 175 4561 580 298 44 COVCHEGWEB 77 14.81 44 14.08 766 35 154 154 619 575 31 38 COVCHSYSADMIN 100 26.85 86 13.76 3005 42 51 47 2808 592 51 70 COVCHEA 44 11.41 30 13.44 982 32 96 96 922 622 72 30
COVCHITDB 54 20.87 40 12.80 4564 36 14 14 3184 2935 90 73 COVCHSW 61 23.58 62 12.40 2384 48 25 25 2366 974 47 52
COVCHMW 32 4.18 98 11.76 846 46 186 164 708 138 17 30
CITYGISWEB 95 12.25 40 9.60 986 37 57 41 978 680 31 28 COVCHTSS 27 6.99 51 8.16 1403 53 38 38 627 1099 16 28 COVCHLIEN 97 6.26 99 7.92 3487 63 57 57 1031 3352 39 37 W10MORNINGCHECK 95 6.14 99 7.92 2678 92 232 232 2674 1075 79 54
Heatmap – VM Peak Values - UC
VM Name vCPU % vCPU (GHz) RAM % RAM IOPS R Lat. W Lat. Lat. R IOPS W IOPS R MB/s W MB/s CCM-PUB - 10.1.12.10 80 5.28 63 4.96 709 33 86 86 430 385 13 3 UCCX1 - 10.1.12.12 72 4.78 38 3.80 2009 43 79 79 1993 342 38 9 CCM-SUB - 10.1.12.11 76 5.02 44 3.44 537 36 46 46 189 358 14 1 UCXN1 - 10.1.12.45 97 6.46 82 3.20 4157 21 83 75 2137 2511 39 12 UCCX2 - 10.10.112.12 73 4.85 32 3.20 1487 32 130 130 1468 700 45 11 COVCHIMPPUB - 10.1.12.41 100 6.61 27 2.16 493 18 33 33 22 493 0 2 UCXN2 - 10.10.112.45 46 3.06 55 2.16 734 39 62 62 330 433 5 2 COVCHIMPSUB - 10.10.112.41 37 2.49 26 2.08 487 15 40 40 22 487 0 2 covchcerpub01 - 10.1.12.51 26 1.78 28 1.08 449 26 76 76 143 306 0 1 covchcersub - 10.10.112.51 36 2.38 26 1.00 19 11 71 71 1 19 0 0 COVCHUCCX01 - 10.1.12.13 0 0 0 - 0 0 0 0 0 0 0 0
Top VM by vCPU
VM Name VM OS vCPU RAM Guest Used vDisk Used Datastore Host COVCHITDB 2016 12 32 338 2,298 CML-ISO, CML-COVCHITDB_OS, CML-COVCHITDB_DATAcovchesxi06 COVCHSW 2016 12 20 80 150 CML-ISO, CML-COVCHSOLARcovchesxi01 COVCHMA 2012 8 80 9,675 14,834 CML-COVCHMA, CML-COVCHMA_BUcovchesxi01 COVCHEGDB 2016 8 80 2,022 3,600 CML-ISO, CML-COVCHEGDBcovchesxi06 COVCHEGAPP 2016 8 64 803 2,024 CML-ISO, CML-COVCHEGAPPcovchesxi04 COVCHEA 2012 8 48 360 1,447 CML-COVCHEA, CML-COVCHEA_IMAGESTORE, CML-COVCHEA_EREVIEW, CML-COVCHEA_LOGScovchesxi06 COVCHGISDB 2016 8 32 667 5,270 CML-ISO, CML-COVCHGISDBcovchesxi06 COVCHNEPT 2012 8 32 46 3,322 CML-COVCHNEPT, CML-ISOcovchesxi07 COVCHGISAGS 2016 8 32 46 2,198 CML-ISO, CML-COVCHGISAGScovchesxi07 COVCHMCMS 2012 8 32 364 700 CML-COVCHMCMS covchesxi07 COVCHEGSS 2016 8 24 435 650 CML-ISO, CML-COVCHEGSScovchesxi02 COVCHSYSADMIN 2012 8 16 810 1,836 CML-ISO, CML-COVCHSYSADMIN, CML-COVCHSYSADMIN_SQLcovchesxi07 COVCHTSS 2016 8 16 76 410 CML-ISO, CML-COVCHTSScovchesxi08 CITYFINDB 2003 (32-bit) 8 8 150 280 CML-CITYFINDB covchesxi03 CITYCISDB 2K3 STD 8 4 451 135 CML-CITYCISAPP covchesxi04 COVCHEGWEB 2016 6 32 48 150 CML-ISO, CML-COVCHEGWEBcovchesxi08 COVCHDEPLOY 2016 6 16 431 1,144 CML-ISO, CML-COVCHDEPLOYcovchesxi04 COVCHWSUS 2016 4 32 1,275 4,346 CML-ISO, CML-COVCHWSUScovchesxi02 COVCHNMS 2008 R2 4 32 146 450 CML-COVCHNMS covchesxi02 COVCHWEB01 2016 4 32 134 250 CML-ISO, CML-COVCHWEB01covchesxi07 COVCHWEBDB 2016 4 32 53 196 CML-ISO, CML-COVCHWEBDB, CML-COVCHWEBDB-SQLcovchesxi01 CITYGISWEB 2008 R2 4 24 806 356 CML-CITYGISWEB covchesxi03 COVCHFS01 2012 4 16 15,346 23,001 CML-COVCHFS1, CML-COVCHFS1_SHARE, CML-ISO, CML-COVCHFS1_VSScovchesxi08 COVCHFS1 2012 4 16 22,454 22,454 CML-COVCHFS1, CML-COVCHFS1_SHARE, CML-COVCHFS1_VSScovchesxi06 COVCHUSERS 2012 4 16 7,513 10,740 CML-COVCHUSERS, CML-COVCHUSERS_VSScovchesxi01
Top VM by Memory
VM Name VM OS vCPU RAM Guest Used vDisk Used Datastore Host COVCHMA 2012 8 80 9,675 14,834 CML-COVCHMA, CML-COVCHMA_BUcovchesxi01 COVCHEGDB 2016 8 80 2,022 3,600 CML-ISO, CML-COVCHEGDBcovchesxi06 COVCHEGAPP 2016 8 64 803 2,024 CML-ISO, CML-COVCHEGAPPcovchesxi04 COVCHEA 2012 8 48 360 1,447 CML-COVCHEA, CML-COVCHEA_IMAGESTORE, CML-COVCHEA_EREVIEW, CML-COVCHEA_LOGScovchesxi06 COVCHGISDB 2016 8 32 667 5,270 CML-ISO, CML-COVCHGISDBcovchesxi06 COVCHWSUS 2016 4 32 1,275 4,346 CML-ISO, CML-COVCHWSUScovchesxi02 COVCHNEPT 2012 8 32 46 3,322 CML-COVCHNEPT, CML-ISOcovchesxi07 COVCHITDB 2016 12 32 338 2,298 CML-ISO, CML-COVCHITDB_OS, CML-COVCHITDB_DATAcovchesxi06 COVCHGISAGS 2016 8 32 46 2,198 CML-ISO, CML-COVCHGISAGScovchesxi07 COVCHMCMS 2012 8 32 364 700 CML-COVCHMCMS covchesxi07 COVCHNMS 2008 R2 4 32 146 450 CML-COVCHNMS covchesxi02 COVCHWEB01 2016 4 32 134 250 CML-ISO, CML-COVCHWEB01covchesxi07 COVCHWEBDB 2016 4 32 53 196 CML-ISO, CML-COVCHWEBDB, CML-COVCHWEBDB-SQLcovchesxi01 COVCHEGWEB 2016 6 32 48 150 CML-ISO, CML-COVCHEGWEBcovchesxi08 COVCHEGSS 2016 8 24 435 650 CML-ISO, CML-COVCHEGSScovchesxi02 CITYGISWEB 2008 R2 4 24 806 356 CML-CITYGISWEB covchesxi03 COVCHSW 2016 12 20 80 150 CML-ISO, CML-COVCHSOLARcovchesxi01 COVCHFS01 2012 4 16 15,346 23,001 CML-COVCHFS1, CML-COVCHFS1_SHARE, CML-ISO, CML-COVCHFS1_VSScovchesxi08 COVCHFS1 2012 4 16 22,454 22,454 CML-COVCHFS1, CML-COVCHFS1_SHARE, CML-COVCHFS1_VSScovchesxi06 COVCHUSERS 2012 4 16 7,513 10,740 CML-COVCHUSERS, CML-COVCHUSERS_VSScovchesxi01 COVCHSYSADMIN 2012 8 16 810 1,836 CML-ISO, CML-COVCHSYSADMIN, CML-COVCHSYSADMIN_SQLcovchesxi07 COVCHDEPLOY 2016 6 16 431 1,144 CML-ISO, CML-COVCHDEPLOYcovchesxi04 ECMX 2008 R2 2 16 834 857 CML-ECMX covchesxi02 COVCHGISGES 2016 4 16 36 650 CML-ISO, CML-COVCHGISGEScovchesxi08 COVCHPRINT 2016 4 16 67 650 CML-ISO, CML-COVCHPRINTcovchesxi02
Top VM by vDisk
VM Name VM OS vCPU RAM Guest Used vDisk Used Datastore Host COVCHFS01 2012 4 16 15,346 23,001 CML-COVCHFS1, CML-COVCHFS1_SHARE, CML-ISO, CML-COVCHFS1_VSScovchesxi08 COVCHFS1 2012 4 16 22,454 22,454 CML-COVCHFS1, CML-COVCHFS1_SHARE, CML-COVCHFS1_VSScovchesxi06 COVCHMA 2012 8 80 9,675 14,834 CML-COVCHMA, CML-COVCHMA_BUcovchesxi01 COVCHUSERS 2012 4 16 7,513 10,740 CML-COVCHUSERS, CML-COVCHUSERS_VSScovchesxi01 COVCHGISDB 2016 8 32 667 5,270 CML-ISO, CML-COVCHGISDBcovchesxi06 COVCHWSUS 2016 4 32 1,275 4,346 CML-ISO, CML-COVCHWSUScovchesxi02 COVCHEGDB 2016 8 80 2,022 3,600 CML-ISO, CML-COVCHEGDBcovchesxi06 COVCHNEPT 2012 8 32 46 3,322 CML-COVCHNEPT, CML-ISOcovchesxi07 COVCHITDB 2016 12 32 338 2,298 CML-ISO, CML-COVCHITDB_OS, CML-COVCHITDB_DATAcovchesxi06 COVCHGISAGS 2016 8 32 46 2,198 CML-ISO, CML-COVCHGISAGScovchesxi07 COVCHEGAPP 2016 8 64 803 2,024 CML-ISO, CML-COVCHEGAPPcovchesxi04 COVCHSYSADMIN 2012 8 16 810 1,836 CML-ISO, CML-COVCHSYSADMIN, CML-COVCHSYSADMIN_SQLcovchesxi07 COVCHEA 2012 8 48 360 1,447 CML-COVCHEA, CML-COVCHEA_IMAGESTORE, CML-COVCHEA_EREVIEW, CML-COVCHEA_LOGScovchesxi06 COVCHDEPLOY 2016 6 16 431 1,144 CML-ISO, CML-COVCHDEPLOYcovchesxi04 CITYADVANTAGE3 2K3 STD 4 4 677 900 CML-ISO, CML-CITYADVANTAGE, CML-CITYADVANTAGE3covchesxi08 ECMX 2008 R2 2 16 834 857 CML-ECMX covchesxi02 COVCHMCMS 2012 8 32 364 700 CML-COVCHMCMS covchesxi07 COVCHGISGES 2016 4 16 36 650 CML-ISO, CML-COVCHGISGEScovchesxi08 COVCHEGSS 2016 8 24 435 650 CML-ISO, CML-COVCHEGSScovchesxi02 COVCHPRINT 2016 4 16 67 650 CML-ISO, CML-COVCHPRINTcovchesxi02 COVCHGISPORT 2016 4 16 116 650 CML-ISO, CML-COVCHGISPORTcovchesxi04 COVCHTD03 2016 4 8 35 600 CML-ISO, CML-COVCHTD03covchesxi03 COVCHNMS 2008 R2 4 32 146 450 CML-COVCHNMS covchesxi02 COVCHTSS 2016 8 16 76 410 CML-ISO, CML-COVCHTSScovchesxi08 COVCHTIS 2016 4 16 72 410 CML-ISO, CML-COVCHTIScovchesxi04
Performance Profile & SW Summary - Production
VMware Licensing
Key Metrics - Prod
Total vCPU – 392
Memory Peak – 1.28TB
vDisk Used (On - Thick) – 98.35TB
Total VM’s captured – 97
Physical Host Breakdown
Core to vCPU – 1 : 3.06
Total VM’s Turned On – 93
Total Hypervisors – 8*
Guest Used (On - Thick) – 57.22TB
Memory Provisioned – 1,361.23GB
Host Name Model Serial No Sockets Cores CPU RAM Capacity Free Used VMs # Boot Time covchesxi01 FC630 9D80X52 2 16 E5-2667 v3 @ 3.20 256 271 270 1 7 2/2/2021 covchesxi02 FC630 9D81X52 2 16 E5-2667 v3 @ 3.20 256 278 270 8 10 2/2/2021 covchesxi03 FC630 9D8RW52 2 16 E5-2667 v3 @ 3.20 256 286 278 8 14 2/2/2021 covchesxi04 FC630 9D8SW52 2 16 E5-2667 v3 @ 3.20 256 286 278 8 13 2/2/2021 covchesxi06 FC630 FH65SD2 2 16 E5-2667 v4 @ 3.20 256 271 270 1 8 2/2/2021 covchesxi07 FC630 FH66SD2 2 16 E5-2667 v4 @ 3.20 256 271 270 1 8 2/2/2021 covchesxi08 FC630 FH67SD2 2 16 E5-2667 v4 @ 3.20 256 271 270 1 17 2/2/2021 ESX Host Software Title OS QTY
covchesxi01 6 Enterprise Plus 6.7.0 build-14320388 2
covchesxi02 6 Enterprise Plus 6.7.0 build-14320388 2
covchesxi03 6 Enterprise Plus 6.7.0 build-14320388 2
covchesxi04 6 Enterprise Plus 6.7.0 build-14320388 2
covchesxi06 6 Enterprise Plus 6.7.0 build-14320388 2
covchesxi07 6 Enterprise Plus 6.7.0 build-14320388 2
covchesxi08 6 Enterprise Plus 6.7.0 build-14320388 2
14 Performance Profile & SW Summary – UC *
VMware Licensing
Key Metrics - Prod
Total vCPU – 20
Memory Peak – GB
vDisk Used (On - Thick) – 1.13TB
Total VM’s captured – 11
Physical Host Breakdown
Core to vCPU – 1 : 0.63
Total VM’s Turned On – 10
Total Hypervisors - 2
Guest Used (On - Thick) – 804GB
Memory Provisioned – 68GB
ESX Host Software Title OS QTY
covchuc01 6 Standard 6.7.0 build-14320388 2
covchuc02 6 Standard 6.7.0 build-14320388 2
4 Host Name Model Serial No Sockets Cores CPU RAM Capacity Free Used VMs # Boot Time covchuc01 R720 4DPVM02 2 16 E5-2667 v2 @ 3.30 80 11,379 128 11,251 6 2/2/2021 covchuc02 R720 1HJ6P22 2 16 E5-2667 v2 @ 3.30 64 129 128 1 5 2/2/2021
Dell Customer Communication - Confidential
17 *Live Optics calculates capacity in KB as defined as 1KB = 1,024 Bytes Copyright Dell EMC 2022COVCHFS01 File Category No. of Files Total Size of Files
Text Documents 862,199 3.34 TB
Data Files 158,083 2.07 TB
Video Files 23,916 866.51 GB
Image Files 724,090 788.77 GB
Page Layout Document Files 287,979 398.15 GB
Text Documents 45.04%
Data Files 27.93%
Video Files 11.41%
Image Files 10.38%
Page Layout Document Files
5.24%
File System Analysis
042022 Meeting Sizing Guidelines
Growth:
• New Munis App Stack Deployed
• GIS Applications growing
• Smartnet VM to be deployed on prem
• Tyler DB Not fully CutOver yet
• Another 512GB Memory Need to be accounted for at
Peak
Resource Consumption:
• Compute to be sized according to current 8 Node Fault Domain • Capacity to be sized according to Current consumed with 10% YoY Growth 3YCurrent Compellent Consumed = 132.22TB, add 25TB for Day 1 Size • 10% YoY Growth on overall Capacity for 3 Years
• 209% Target Total Consumed With this Growth
• Be at no more than 75% Capacity Used in 3 years with above YoY Growth • Allow for Storage Expansion without the need for more compute immediately • Size IOPS Performance with 15% YoY Growth
• 18,546 Peak, 15,821 at 95Th%
• 3 Disk Groups
• 8 nodes
• 2U Form Factor
Option 2 : VxRail HCI
VxRail Overview
Embedded
server
management
iDRAC with
Lifecycle
Controller
Delivers automation, lifecycle management, and serviceability ✓ Deploy appliances with ease- over 200 automated tasks ✓ Update all software in single click
✓ Monitor using dashboards for health, events, and physical views ✓ Maintain with direct access to support, articles, and community Automate your Private Cloud
✓ Fully automated lifecycle management
✓ Powered by vSAN
✓ Co-developed platform between Dell and VMware
✓ Provides single support for entire ecosystem
✓ Built into vSphere Web Interface at the kernel level
✓ Software Defined, multiple cloud integration options
Proposed Solution – All Flash VxRail
P670F – All-Flash Cluster
8 Node Cluster– 19 Total Rack Units
Processor (2) Intel Gold 6346 Per Node – 16 Cores @ 3.1GHz per Proc 256 cores per Cluster (793.6 GHz)
Memory 512 GB (16 x 32 GB DIMMs) per Node
4,096 GB per Cluster
Storage
(3) 800GB WI SSD cache per node
(15) 7.68 TB SATA SSD | 9 free capacity slots per node
Total Usable Capacity – 242.1 TBu | Mirror FTT=2 with HA Networking
(4) Port 10/25GbE,SFP28
4x 25GbE SFP28 Per Node
32 Ports Total – 3 Meter Passive DAC Included
Switches (1) N3248TE-ON- (48) 1G Base-T Ports per Switch OOB (2) S5248F-ON - (48) 25G SFP28 Ports per Switch
Licensing
Windows Server 2022 Datacenter – 32 Cores Included Per Node Bring your Own vSphere Enterprise Plus – 16 CPU Needed
vSAN Advanced – 16 CPUs Included
Support 36 Months ProSupport Mission Critical (4 Hour)
Services [RE]Design White Glove Implementation Services 7 Total Rack Units
(8) Node VxRail P670F
(2) S5248F-ON Switches
(1) N3248TE OOB Switch
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Stack ID
Stack ID
Network – Dell PowerSwitch Detailed
(2) Dell PowerSwitch
System Dell PowerSwitch S5248
PSU to IO Airflow
Connectivity (48) 1/10/25GbE SFP28
(4) 40/50/100GbE QSFP28 | (4) 100/200GbE QSFP28-DD
Switching Capacity 2.0Tbps (4.0 full duplex)
Throughput 1.5Bpps (3.0 Mpps full duplex)
Latency Sub 847 (nano sec)
Memory 16GB
SSD 64GB
Packet Buffer 32MB
Environmental Hot Swappable Redundant 1+1 PSU
Parts
(8)1G Base-T Transceivers
(4) 10GbE SFP+ Uplink Optics, (4) OM4 LC-LC 3Meter,
(24) 25GbE DAC 3 Meter, (2) 100GbE VLT DAC 0.5 Meter
Support 36 Months ProSupport 4 Hour Mission Critical
Front
Rear
Stack ID
Current State Comparison
Component Current State New HCI Cluster Difference % Difference CPU 16 16 0 0%
Cores 128 256 128 100%
vCPU Ratio 1 : 3.06 1 : 1.59 -1.47 -48.04%
Peak CPU (GHz) 204 793.6 589.6 74% Free
Net CPU (GHz) 409.6 793.6 384 94%
Peak Memory (GB) 1802.75 4,096 2,293 56% Free
Net Memory (GB) 1,792 4,096 2304 129%
Storage Used (TBu) 158.47 242.1 83.63 35% Free
Current State vs. New VXRail Cluster
[RE]DESIGN Implementation Services
[RE]DESIGN will provide onsite resource(s) to complete comprehensive, white-glove implementation of every component included in this order. This includes install, configuration, testing, validation, integration, documentation, and a tested and executed migration plan.
Rack & Stack:
• Unpack and inspect all hardware
• Rack, mount and/or position all products and components • Install and route power, data, and KVM cables
• Apply customer-provided labels to newly installed cables • Power on all equipment
• Confirm server boots and check for errors on all systems • Configure network addresses on IPMI (i.e., iDRAC) if applicable HCI Cluster & Network Implementation:
• Install and Configure Backend Network Switches
• Install Hypervisor and cluster manager (i.e., ESXi and vCenter) • Confirm all component drivers and firmware are latest supported versions • Configure Cluster and Converged Datastore
• Setup encryption and key management if required
• Install latest firmware and software patches/updates
• Activate and Install all licensing for both clusters and additional software/hardware
• Validate Cluster implementation and review results with customer • Setup vendor support systems and automated health checks (i.e., Dell ESRS or Support Assist)
Testing, Validation and Documentation:
• Verify that all components have network connectivity to Client’s network • Perform basic verification tests (i.e., ping, traceroute, show commands) • Test product failover capability
• Verify configuration aligns with the design
• Create vendor support requests to update all client configuration information and entitlements
• Conduct Knowledge Transfer with the client
• Register customer to receive vendor product alerts if required • Handover As-Built Documentation
Phase 1 Phase 2
Production Migration:
• Identify all existing Network, Storage, Server, Backup, and VM Configs • Establish and execute migration framework/plan
• Establish migration order and timeline with Client
• Setup migration tools (i.e., P2V converter, SAN copy, etc.) • Execute limited migration on predefined timeline per Client Change Management policies
• Test and time successful migration using test/non-production VMs • Includes the migration of up to 25 Servers or up to 10TB of data. • Additional Prof. Services SOW = Any additional server migrations above the 25 servers or 10TB, including server patching/updating or application or 3rd party vendor specific migrations, are out of scope.
Impacting Factors:
NOTE: We have separated out the migration as Phase 2 due to inherent nuances that warrant an extended and often fragmented implementation timeline. Examples include:
• Business impact or strict change control
• Complexity of source to target configuration
• Size and variability of workload types
• Legacy tech debt and/or non-supported configurations
• Maintenance, patching, update, or version issues in environment • Lack of documentation or knowledge of environment
• Resource availability and/or capacity issues
ATTACHMENT B
ATTACHMENT C
Friday, May 6, 2022
Prepared by Prepared for
Pete Weil
Regional Sales Director - SoCal
The [RE]DESIGN Group
[email protected]
Mathew Pugh
VP of IT
City of Victorville
[email protected]
Project
Data Center Modernization
Quote # 1493, Version 1
Proposal
City of Victorville | Data Center Modernization Delivered: May 6, 2022 Quote # 1493, Version 1 Valid through: June 2, 2022
Prepared by Prepared for
Pete Weil
The [RE]DESIGN Group
2629 Manhattan Ave, Suite 307
Hermosa Beach, CA 90254
[email protected]
Mathew Pugh
VP of IT
City of Victorville
[email protected]
NASPO Contract
Description
NASPO NASPO Contract - C000000878001
VxRail & Networking
Description Price Qty Ext. Price
BUILD (8 Node) VxRail, (2) Dell EMC S5248F-ON and (1) N3248TE-ON 3 Years ProSupport with 4HR MC
$1,180,152.88 1 $1,180,152.88
GFE0B3S VxRail P670F, All Flash 8
G6G3RY9 vSAN Node 8
GZ25HU1 VxRail Software 7.0.320 Factory Install 8
G5TNB4K No Transformational License Agreement 8
G6BKJNI 2.5" Chassis with up to 24 HDDs (SAS/SATA/NVMe), 4x2.5" Rear HDDs (SAS/SATA)
8 G0D3A6W VxRail 2U Bezel V2 8
GKB4ZWX Intel® Xeon® Gold 6346 3.1G, 16C/32T, 11.2GT/s, 36M Cache, Turbo, HT (205W) DDR4-3200
8 Quote #001493 v1 www.redesign-group.com
VxRail & Networking
Description Price Qty Ext. Price
GKS9VIR Intel® Xeon® Gold 6346 3.1G, 16C/32T, 11.2GT/s, 36M Cache, Turbo, HT (205W) DDR4-3200
8 GR3CFNV 3200MT/s RDIMMs 8
GFRC9EL 32GB RDIMM, 3200MT/s, Dual Rank, 16Gb BASE x8 128 G4J795K 800GB SSD SAS ISE Write Intensive 12Gbps 512e 2.5in Hot-plug AG Drive, 10 DWPD,
24 GFWKNR5 7.68TB SSD SAS ISE Read Intensive 12Gbps 512e 2.5in Hot-Plug, AG Drive
120
G63VWGR Broadcom 57414 Dual Port 10/25GbE SFP28, OCP NIC 3.0 8 G164FY2 Broadcom 57414 Dual Port 10/25GbE SFP28 Adapter, PCIe Low Profile 8 GMHJL5Y No Trusted Platform Module 8
G25UX0L ReadyRails Sliding Rails With Cable Management Arm 8 GQE5JAW Dual, Hot-Plug, Power Supply Fault Tolerant 1100W Redundant (1+1), D, Mixed Mode Titanium
8 12A4M C13 to C14, PDU Style, 12 AMP , 13 Feet (4m) Power Cord, North America
16 GVYJO5Z Fan Foam, HDD 2U 8
G6T0KXH VxRail VMware, vSAN Advanced, 3 Years 16
G3PWZX0 VxRail HCI System Software, A 16
GILW8K4 VxRail HCI System software, Capacity Drive, 7.68TB AG RI SSD 120 GPAZH3L VxRail HCI System Software Memory, 32GB 128
G4D6Y05 VxRail Windows Server 2022 Datacenter,16CORE,Secondary OS,No MEDIA,Unlimited VMs
8 G5QLO9H VxRail Windows Server 2022/2019 Datacenter Edition,Add License,16CORE,NO MEDIA/KEY
8 Quote #001493 v1 www.redesign-group.com
VxRail & Networking
Description Price Qty Ext. Price
GGIJ5XE Windows Server 2022 Datacenter,16CORE,Secondary OS,Media Kit, Multi Language
8 GD2LG5K 4x2.5 Rear Storage 8
GH5C4OS 3 Years ProSupport Mission Critical 4-Hour Onsite Service 8 GS5Z9X8 3 Year, Pro Support w/ Mission Critical 8
G34QG8E 3 Years, ProSupport Mission Critical, vSAN, Advanced, 1 Processor 16 G1BJRVH Custom Installation Service 8
G7JQZLG PowerEdge R750 CE,CCC and BIS Marking on 2.5" Chassis 8 GKJX6D9 SAS/SATA/NVMe Capable Backplane 8
GJ8CHEM P/V 670 Shipping, DAO 8
GT4H39R PowerEdge R750 Shipping Material 8
GBEZWO8 Chassis with up to 24x2.5" Drives 8
GKVP92C VxRail P670F, Riser Config 5, 2A+4B, 2x8FH, 2x16LP 8 GXQ48RZ R750 Motherboard with Broadcom 5720 Dual Port 1Gb On-Board LOM 8 G1Y5987 Heatsink for 2 CPU configuration (CPU greater than or equal to 165W) 8 GH9QBEI Performance Optimized 8
GTE2I31 C43, No RAID, VxRail PV670F 8
G4G6IMP Front HBA355 Rear Load (for 2.5"x 24 SAS/SATA chassis) 8 GYA7VZ6 BOSS-S2 controller card + with 2 M.2 480GB (RAID 1) with Rear 4xBP 8 G4NWS93 iDRAC9, Enterprise 15G 8
GTVA94K iDRAC Group Manager, Disabled 8
GDOHU23 iDRAC,Legacy Password 8
Quote #001493 v1 www.redesign-group.com
VxRail & Networking
Description Price Qty Ext. Price
GAP926M DHCP, Zero Touch Configuration 8
G8Z3VLX Very High Performance Fan x6 8
GCLNJM4 No Quick Sync 8
G02CQJF UEFI BIOS Boot Mode with GPT Partition, No Energy Star 8 GR3WJMX P670F Luggage Tag 8
G05VS2Z Recover Point for Virtual Machine 1
GH0B6KG HCIA RecoverPoint for VMs for 1 node 1
G0NMGUV 3 Years ProSupport Mission Critical RecoverPoint for Virtual Machines Sftwr Spt-Contract-ABU
1 NOINSTL No Installation 1
G8XIOYD Storage Software Info 1
POWERCORD Kits - Power Cord, 250V, 12A, 2 Meters, C13/C14, US 4 CAT67FT C2G 7ft Cat6 Snagless Unshielded (UTP) Slim Ethernet Network Patch Cable - Black - patch cable - 7 ft - black
5 CAT63FT C2G 3ft Cat6 Snagless Unshielded (UTP) Ethernet Network Patch Cable - Black - patch cable - 3 ft - black
2 CAT610FT C2G 10ft Cat6 Ethernet Cable - Snagless Shielded (STP) - Black - patch cable - 10 ft - black
2 GMWKLO7 Dell EMC S5248F-ON Switch, 48x25GbE SFP28, 4x100GbE QSFP28, 2x100GbE QSFP-DD, PSU to IO, 2xPSU, OS10
2 GC1XFY3 S52XX User Manual 2
G4S0GLF OS10 Enterprise, S5248F-ON 2
GN6PRQ1 OS10 SmartFabric Services 2
Quote #001493 v1 www.redesign-group.com
VxRail & Networking
Description Price Qty Ext. Price
G510Y36 Dell Networking, Transceiver, SFP+, 10GbE, SR, 850nm Wavelength, 300m Reach
4 G6ZJFMU Dell Networking Transceiver, SFP+ 10GBASE-T, 30m reach on CAT6a/7 4 GZSKT3H Dell Networking Cable, 100GbE, QSFP28 to QSFP28, Passive Copper Direct Attach, 0.5 Meter
2 GG3EKIM Dell Networking Cable, SFP+ 10GbE Active Direct Attach Cable,3 Meter 2 GU0B9PV Dell Networking, Cable, SFP28 to SFP28, 25GbE, Passive Copper Twinax Direct Attach Cable, 3 Meter
32 GTHJC6S Dell Networking Cable, OM4 LC/LC Fiber Cable, (Optics required), 3 Meter
4 GH7QJUS Power Cord, 125V, 15A, 10 Feet, NEMA 5-15/C13, Qty 2 2 GIFP1LY 3 Years ProSupport and Mission Critical 4Hr Onsite Service 2 G6N4ZK8 No Installation 2
G1OZGXM 3 Years ProSupport OS10 Enterprise Software Support-Maintenance 2 GZJ3C92 N3248TE-ON, 48x1G, 4x10G SFP+, 32GB, 1xAC PSU, PS/IO, OS10 1 G2F7UAK Dell Networking, Cable, SFP+ to SFP+, 10GbE, Copper Twinax Direct Attach Cable, 1 Meter
2 125VSS Power Cord, 125V, 15A, 10 Feet, NEMA 5-15/C13 1 G2LKVZ8 Dell EMC N3200 User guide 1
G5EJ61Q OS10 Enterprise, N3248TE-ON 1
G5RSXU8 N3248P-TE 3 Years ProSupport with Next Business Day Onsite Service 1 PRODEPL ProDeploy Dell Networking L3 N Series 3XXX Switch 1 G4FXPGM 3 Years ProSupport OS10 Enterprise Software Support-Maintenance 1 Subtotal: $1,180,152.88
Quote #001493 v1 www.redesign-group.com
Implementation Services
Description Price Qty Ext. Price
White Glove Fixed Scope White Glove Implementation - Included $0.00 1 $0.00 Subtotal: $0.00
Estimated Taxes
Description Price Qty Ext. Price
Estimated Taxes Estimated Taxes $103,263.38 1 $103,263.38 Subtotal: $103,263.38
Quote #001493 v1 www.redesign-group.com
City of Victorville | Data Center Modernization Delivered: May 6, 2022 Valid through: June 2, 2022Quote # 1493, Version 1
Quote Summary
Description Amount
NASPO Contract
VxRail & Networking $1,180,152.88
Implementation Services $0.00
Estimated Taxes $103,263.38
Total: $1,283,416.26
Acceptance of this Quote is binding and the above item(s) will be purchased in reliance thereon. All sales are final. After orders are placed, a final invoice will be provided that shall include all applicable taxes, shipping charges, and payment terms not included herein. Any invoice amounts not timely paid will be subject to a daily interest charge, at the prorated amount of 1.5% per month, or at the highest interest rate allowable under California law. By signing below, the above-named Company, acting under due and proper authority, hereby agrees that this Quote constitutes a binding Agreement with The [RE]DESIGN Group.
The [RE]DESIGN Group City of Victorville
Signature:
Name:
Title:
Date:
Signature:
Name:
Date:
Quote #001493 v1 www.redesign-group.com
ATTACHMENT D
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 3 to NASPO Master Agreement MNWNC-108
AMENDMENT NO. 3 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, 2021 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.
Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.
NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:
1. That NASPO Master Agreement No. MNWNC-108 is extended through July 31, 2022, at the same prices, terms, and conditions.
This Amendment is effective beginning August 1, 2021, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first.
Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.
1. 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: EAC889CC-0F07-480E-AB62-8DFA4A153228 Contract Administrator
5/10/2021
Alyssa Sayles
5/14/2021
5/14/2021
~IIIIBIIta
STATE OF MINNESOTA
Materials Management Division
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155 DEPARTMENT OF ADMINISTRATION ,
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. __ ,..; CONTRACT NO:
One Dell Way 1 S',.-
Mailstop 87'07' ~ltl-33 ~~- :>-ju,(~
Round Rock, TX 78682 /.J?;;? .4'/l/t..CONTRACT PERIOD:
Contract Vendor Administrator: Diane
Wigington
Email: Diane [email protected]
Phone: (512) 728-4805
THROUGH
EXTENSION OPTION:
MNWNC-108
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 Slate: 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; and 4. the 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby.
1. DELL MARKETING L. P. 2. MINNESOTA MATERIALS MANAGEMENT DIVISION By:
Title:
St~hanie G. Miller ~ '{'J Pnffiea ame r
Contract Manager /Sen iD( M.lln£l8ef
I (p fd?Y"uary 'l Dl5 Date:
By:
1gna ure 3. MINNESOTA COMMISSIONER OF ADMINISTRATION
Or delegated representative.
By:
Original signed
Title:
Date:
Date:
MAR 0 3 2015
By lucas J. Jan nett
CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L P.
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.
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.
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.
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 tore issue 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. 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.
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.
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. 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. 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.
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. 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. 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. 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. 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.
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. 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. 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. 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. 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. 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. 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.
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.
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.
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. 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.
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.
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.
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.
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.
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 WSCA-
NASPO 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.
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. 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. 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.
ATTACHMENT E
ATTACHMENT F
RESOLUTION NO. 22-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 21-22.
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expen ditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 21-22; and
WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 20 21 and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 21-22 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
1001555-52220 (GF Technology
Infrastructure Equipment Expense) $835,000
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
Item Number: 25
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Conduct of City Council Meetings Pursuant to AB 361
Recommendation:
That the City Council make the following findings:
1. A state of emergency, as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council members, City staff and consultants/presenters to meet safely in person; and
2. The State of California and the City of Victorville continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (CDPH), and/or County of San Bernardino, as applicable, including facial coverings when required and social distancing; and
3. The City Council hereby declares that, pursuant to these findings, City staff are authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.
Fiscal Impact:
There is no fiscal impact associated with this action.
Background:
The State of California and the City of Victorville proclaimed the existence of a State of Emergency as a result of the threat of COVID-19, on March 4, 2020 and March 17, 2020, respectively.
In an effort to reduce the spread of COVID-19 at public meetings, on March 17, 2020, the Governor of California issued Executive Order N-29-20 which suspended and modified 2 3
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specified provisions of the Brown Act [Government Code Section § 54950 et seq.] and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body. On March 19, 2020, Executive Order N-33-20 was issued, imposing a “Stay-at-Home” order.
On May 4, 2021, the Governor issued Executive Order N-60-20 which established a framework for a gradual, risk-based reopening of the economy, and on June 11, 2021, issued Executive Order N-07-21, which formally rescinded the “Stay-At-Home” order.
Also on June 11, 2021, the Governor issued Executive Order N-08-21 which extended the teleconference provisions of Executive Order N-29-20 for public meetings through September 30, 2021. The City implemented teleconference procedures and accessibility for conducting its public meetings in early 2020 while the Governor’s “Stay-At-Home” order was in effect.
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021, which went into effect immediately as urgency legislation (codified under Government Code § 54953) and waived certain provisions of the Brown Act in order to allow local agencies to continue to meet remotely. Specifically, the bill allows remote teleconference flexibility, but only when there is a state of emergency that makes it unsafe to meet in person.
Discussion:
AB 361 adds new procedures and clarifies the requirements for conducting remote meetings, including the following:
• Public Comment Opportunities in Real Time – A legislative body that meets remotely, pursuant to AB 361, must allow members of the public to access the meeting via a call-in option or an internet-based service option, and the agenda for the remote meeting must provide an opportunity for members of the public to directly address the body in real time. A legislative body cannot require public comments to be submitted in advance of the meeting.
• No Action During Disruptions – In the event of a disruption that prevents the local agency from broadcasting the remote meeting, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, AB 361 prohibits the legislative body from taking any further action on items appearing on the meeting agenda until public access is restored.
• Periodic Findings – Government Code § 54953(e)(B) requires the legislative body to hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees.
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The City has already implemented, and is in full compliance with, the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G). Based on current circumstances and exposures, City staff recommends that the City Council take action to approve the recommended findings to allow public meetings to occur under the teleconference format pursuant to AB 361.
The City Council will need to reevaluate circumstances and consider these findings every 30 days.
Attachments: None
Item Number: 26
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:
Keith C. Metzler, City Manager
Subject:
Selection Committee's Appointment to the Measure P Oversight Committee Recommendation:
That Your Honorable City Council appoint the following to the Measure P Oversight Committee:
• Edwin Henderson, Resident Member of Non-Profit Social Services Provider • Jeremy Taylor, Resident Member of Youth/Recreation
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
At the City Council meeting of July 21, 2020, the Council adopted Resolution No. 20-065 and Ordinance No. 2409 allowing for the submittal of a General Transaction and Use Tax measure to be placed on the November 3, 2020 ballot. Additionally, the City Council unanimously voted to place an item on the agenda to discuss the establishment of an advisory committee for the City of Victorville Public Safety & Essential Municipal Services General Transaction and Use Tax measure. At the City Council meeting of October 6, 2020, the Council approved Resolution No. 20-083 establishing the Measure P Oversight Committee (MPOC) which included the bylaws for the committee.
On April 6, 2021 the City Council appointed four Resident Members to the MPOC and the Committee held its first meeting on May 13, 2021. The MPOC then met on May 20, 2021 approving the allocation plan for Fiscal Year 2021-22. The allocation of Measure P funds was presented to the Council through a transmittal letter on June 15, 2021. The Council accepted the transmittal letter from the MPOC that the plan was consistent with the spending priorities within the ballot measure and the Public Safety Plan. 2 5
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Discussion:
On March 8, 2022 the City began the advertisement process to fill the vacant seats on the MPOC. Applications were accepted through April 11, 2022, with a total of one application being received. In addition to the one application received, the Selection Committee reviewed 13 applications from last year’s submission period from April 7, 2021 through April 26, 2021.
The application announcement for the MPOC was posted on all the City’s social media sites, posted on the City of Victorville’s website, advertised in the City’s digital newsletter the Victorville Connect, and advertised within the Greater High Desert Chamber of Commerce E-Blast. The application was available on the City website, along with the qualifications, term, roles and responsibilities, appointment process and bylaws.
The Selection Committee, consisting of the Mayor, Mayor Pro-Tem, and City Manager reviewed 14 applications that were submitted to fill the four vacant seats of the MPOC. It was determined by the Selection Committee, that only two of the representative categories will be recommended for appointment at this time due to absence of qualifications for the remaining categories. Those being recommended for appointment are as follows:
Edwin Henderson, Resident Member of Non-Profit Social Services Provider Jeremy Taylor, Resident Member of Youth/Recreation
This will bring the total count of members on the MPOC to five with two current vacancies in Clergy and Local Major Retail Industry. Staff will continue to advertise for the recruitment of qualified applicants for the MPOC and the Selection Committee will reconvene once the application process concludes to make further recommendations for appointment to the Committee. The MPOC will be meeting in the coming weeks to discuss the allocation plan for Fiscal Year 2022-23.
Staff remains available for any questions or comments you might have.
Attachments: A. Resolution No. 20-083
ATTACMENT A
RESOLUTION NO. 20-083
(
RESOLUTION NO. 20-083‘
A~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE ESTABLISHING A MEASURE P OVERSIGHT
COMMITTEE
WHEREAS, on July 21, 2020, the City Council adopted Ordinance 2409 adding Chapter 3.06 to Title 3 of the Victorville Municipal Code for the purpose of establishing and imposing a one percent (1%) General Transactions and Use Tax for essential municipal services , subject to adoption by the electorate; and WHEREAS, On November 3, 2020, the electorate has the abilitylto approve Measure P with at least 50% +1 of voters, voting in favor of Measure P; and WHEREAS, if Measure P is approved by the electorate, the City Council of the City of Victorville is establishing a Measure P Oversight Committee (“Committee”) to review the collection of Measure P tax revenues; review and report on a list of projects and programs to be funded with Measure P revenue; and review revenue, expenditure and other relevant reports and information to ensure Measure P tax revenues are expended efficiently and effectively; and
WHEREAS, a majority vote of the City Council is required to carry forward any recommendation of the Committee; and
WHEREAS, the bylaws of the Committee including any changes thereto shall be established by City Council resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Measure P Oversight Committee is hereby established, subject to electorate approval, to serve in a solely advisory capacity at the pleasure of the City Council.
SECTION 2. To carry out its stated purpose, the Committee shall perform the following dufies:
a) Review lists of proposed expenditures to be funded by Measure P and report to the City Council, not later than May 15 of each year for the upcoming budget year, its conformance or non- conformance with the intent of Measure P which is outlined in the May 2020 Public Safety Plan prior to being considered by the City Council. .
b) Periodically (at least semi-annually) review revenue, expenditure and other related reports and information produced by staff regarding Measure P; and report to City Council on whether revenues were collected and expended as approved. '
0) Review annual independent accountant’s audit report on Measure P revenues and expenditures and provide appropriate report to the City Council. d) Every two years, host a joint community forum with‘ the City Council to provide a briefing on service response and service levels and invite citizen participation about future service levels.
e) To preserve the integrity and independence of the oversight process, committee members shall not play a role as a contractor for projects ‘funded through revenue from Measure P.
f) The Committee will be a Brown Act compliant body.
SECTION 3. The bylaws of the Committee as eontained in Exhibit A, are hereby approved. '
SECTION 4. Measure P Oversight Committee shall consist of seven (7) members selected at—large from a pool 1ofcitywide applicants.
SECTION 5. Of the members of the Committee first appointed, four (4) shall be appointed for terms of four (4) years and three (3) for terms of two (2) years. No member shall serve for a period exceeding two (2) consecutive foUr (4) year terms. For the start up year, there will be a random draw to determine which positions will serve the initial 4—year and 2-year terms.
EXHIBIT A
1. Name: There is hereby established the City of Victorville Transactions and Use Tax Oversight Committee (hereby referred to as “Measure P Oversight Committee” or “Committee”).
2. Powers, Duties and Responsibilities: The Committee shall act in an advisory capacity to the City Council and no express authority or power to act on behalf of the City is hereby delegated. To carry out its stated purpose, the Committee shall perform the following duties:
a.
f.
Review lists of proposed expenditures to be funded by Measure P and report to the City Council, not later than May 15 of each year for the upcoming budget year, its conformance or non—conformance with the intent of Measure P which is outlined in the May 2020 Public Safety Plan prior to being considered by the City Council.
Periodically (at least semi-annually) review revenue, expenditure and other related reports and information produced by staff regarding Measure P; and provide a report to the City Council on whether revenues were collected and expended as approved.
Review annual independent accountant’s audit report on Measure P revenues and expenditures and provide appropriate report to the City Council.
Every two years, host a joint community forum with the City Council to provide a briefing on service response and service levels and invite citizen participation about future service levels.
To preserve the integrity and independence of the oversight process, committee members shall not play a role in contracting or project management for projects funded through revenue from Measure P.
The Committee will be a Brown Act compliant body.
3. Composition of Members: Measure P Oversight Committee shall consist of seven (7) members, having one member, who serves in a current leadership role, selected from each of the following categories:
Resident Member of Local Major Retail Industry
Resident Member of Local Chamber of Commerce, who is a member of the small business owner community
Resident Member for Youth/Recreation
Resident Member of Clergy
Resident Member of Non-Profit Social Services Provider
Resident Member of Education
Resident Member of the Senior Community
Victorville Fire Chief (staff resource only)
Victorville Police Chief (staff resource only)
City Finance Director (staff resource only)
For the purposes of this section, Leadership role as indicated above shall be defined as an individual serving in an executive capacity or a board member capacity. In no event shall a committee member be a City of Victorville staff member.
4. Term of Members: Of the members of the Committee first appointed, four (4) shall be appointed for terms of four (4) years and three (3) for terms of two (2) years. No .member shall serve for a period exceeding two (2) consecutive four (4) year terms. For the start up year, there will be a random draw to determine which positions will serve the initial 4-year and 2-year terms.
5. Eligibility and Requirements for Membership: All members of the Measure P Oversight Committee shall meet the following requirements:
a. Attend and participate in the minimum number of meetings as provided for in Section 2(b) above. After having missed three consecutive meetings, the occupied seat shall automatically be deemed vacated. b. Be a United States Citizen, resident of Victorville and registered to vote in Victorville at the time of appointment. These requirements shall be maintained during the appointee’s service on this Committee.
0. Be at least 18 years of age
d. Not have been convicted of a felony
e. Demonstrate abilities to understand and comply with City and Committee rules and regulations ’
f. Demonstrate to the selection committee the ability to perform the duties of the Committee
9. Resident of the City of Victorville for a minimum of two-years h. May not be a City of Victorville staff member
6. Selection of Members: The selection of members shall be conducted through a three—step process approved by the City Council as follows:
a. The City will seek applications to serve on the Committee by posting an application on the City of Victorville website along with sending out a press release to notify the public of the Committee.
b. A selection committee consisting of the Mayor, Mayor Pro-Tem and the City Manager will review the applications for appointment following the composition guidelines as spelled out in Section ‘3 and Section 5 above.
0. The selection committee will recommend committee members to the City Council for approval.
7. Committee Officers: The Committee shall elect a Chair, the duties of which are to preside over meetings and ensure that items are placed on the agenda; and a Vice-Chair, whose sole duty is to act as the Chair in the Chair’s absence. These positions shall have one—year terms, and no person shall serve as Chair or Vice— Chair for more then two consecutive terms. The election of Chair and Vice—Chair shall take place at the first meeting of the Committee after it has been duly constituted. Thereafter, the election of Chair and Vice-Chair shall be held at the end of each term unless one of the positions is vacated, in which case, the . Committee shall appoint a replacement at the next meeting. A City staff member designated by the City Manager shall act as the Secretary who shall take meeting minutes and maintain records related to the Committee.
8. Meetings: The Committee shall meet quarterly on specific meeting dates to be determined by members. Additional meetings may be scheduled by the Committee as necessary. Committee members are expected to attend all meetings. All meeting shall be held within the City of Victorville.
Resolution No. 20-083
PASSED, APPROVED AND ADOPTED this 6thday of OCTOBER 2020.
Gloria Garcia, Mayor
Attest:
(pm
City Clerk
Approved as to form:
Attorney
I, Charlene Robinson, City Clerk of the City of Victorville' and ex—officioClerk to the City Council of said City, do hereby certify that the foregoing is a true and correct copy of Resolution No. 20-083 which was adopted at a regular meeting held on the 6th day of October 2020, by the following roll call vote, to wit:
AYES: Mayor Garcia, Councilmembers Cox, Gomez, Jones and Ramirez NOES: None
ABSENT: None
ABSTAIN: None
Item Number: 27
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:
Scott Webb, City Planner
Subject:
Consideration of providing public comment to the State of California Fish and Game Commission at their June 15-16, 2022 public hearing in opposition of listing the Western Joshua Tree as a threatened species under the California Endangered Species Act Recommendation:
That the Honorable City Council authorize the Mayor to submit a letter to the State of California Fish and Game Commission in opposition of listing the Western Joshua Tree as a threatened species under the California Endangered Species Act Fiscal Impact:
There is no fiscal impact that will result from from opposing the listing of the Western Joshua Tree as a threatened species under the California Endangered Species Act.
Background:
The Victorville City Council at their May 3, 2022 regular meeting agreed to place an agenda item on their next meeting to consider opposing the listing of the Western Joshua Tree as a threatened species under the California Endangered Species Act (CESA).
On October 21, 2019, the California Fish and Game Commission (FGC) received a petition from Brendan Cummings of the Center for Biological Diversity to list the western Joshua tree as endangered under California Endangered Species Act (CESA). After evaluating the petition, the California Department of Fish and Wildlife (CDFW) recommended granting Western Joshua Trees candidate status protection under the CESA. The FGC approved the interim protection in 2020, pending a final status review report from CDFW and subsequent determination on the threatened status of the species.
The CDFW recently published a status review report in April 2022 and recommended against adding Western Joshua Trees to the list of threatened species under the CESA.
The CDFW recommendation notes that the “Western Joshua Tree is currently abundant 2 5
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and widespread, which lessens the overall relative impact of the threats to the species, and substantially lowers the threat of extinction within the foreseeable future.” The FGC will decide whether to extend or remove CESA protections for Western Joshua Trees at their June 15-16, 2022 meeting.
Discussion:
Staff has included a draft letter (Attachment A) for the Mayor to transmit to the FGC, expressing the City Council’s opposition of listing the Western Joshua Tree as a threatened species under the CESA.
Attachments: A. Draft Opposition Letter
ATTACHMENT A
Draft Opposition Letter
May 17, 2022
Ms. Samantha Murray
President
California Fish and Game Commission
P.O. Box 944209
Sacramento, CA 94244-2090
Emailed to: [email protected]
Re: Opposition to the listing of the Western Joshua Tree Dear President Murray,
On behalf of the Victorville City Council, I write in strong opposition to the listing of the Western Joshua Tree as a threatened species under the California Endangered Species Act (CESA). The Joshua Tree already receives management protections at the federal, state, and local levels.
Listing the tree would add redundant protections that place a significant financial burden on private land owners while doing little to address the long term threat to the species.
The California Mojave Desert is comprised of growing, underserved communities that face economic challenges unlike other areas of our state. Listing the Joshua Tree would effectively halt future development in our communities at a time when California is grappling with housing shortages and rising homelessness.
Much of the Western Joshua Tree population resides on federally protected lands and state preserves, giving them the highest level of protection. Outside those jurisdictions, they are protected under state law through the California Environmental Quality Act, the California Desert Native Plants Act and through local ordinances.
I urge you to consider the significant impacts this listing will have on our communities and respectfully ask that the Fish and Game Commission concur with the California Department of Fish and Wildlife’s recommendations and decide not to grant the species permanent protection under CESA.
Thank you,
Debra Jones
Mayor
City of Victorville
Item Number: 28
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Letter of support for Assembly Bill 2836
Recommendation:
That the Honorable City Council authorize the Mayor to submit a letter to the Honorable Chris R. Holden, Chair of the Assembly Appropriations Committee, in support of AB 2836 to reauthorize the funding associated with the Carl Moyer Program and the Clean Air Incentives Program.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Background:
At the May 3, 2022 Regular City Council Meeting, Councilmember Becerra requested Council to direct staff to bring back an item that would authorize the City Council to take a position in support of AB 2836. A subsequent motion pursuant to this request was unanimously passed by the City Council. AB 2836 is proposed legislation set to extend the Carl Moyer Program and the Clean Air Incentives Program that assists with the cost of replacing obsolete equipment that no longer meets California’s air quality standards.
The Carl Moyer Memorial Air Quality Standards Attainment Program (Carl Moyer Program) provides grant funding for cleaner-than-required engines, equipment, and other sources of air pollution. The Carl Moyer Program is implemented as a partnership between CARB and California’s 35 local air districts. CARB works collaboratively with the air districts and other stakeholders to set Guidelines and ensure the Program reduces pollution and provides cleaner air for Californians.
The Mojave Desert Air Quality Management District (MDAQMD) facilitates the Carl Moyer Program and the Clean Air Incentives Program (AB 923, 2004). These programs have been in place since 1998 and 2004, respectively, to provide cost-sharing incentives to 2 5
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upgrade and replace old equipment causing harm to our air quality. These programs are currently set to expire on January 1, 2024; passage of AB 2836 would extend this expiration date to January 1, 2033.
Diesel exhaust is a serious public health risk; diesel emissions are responsible for 70 percent of the cancer risk in the state from toxic air contaminants and a major contributor to lung and heart problems. The intent of this new legislation is to continue to improve the quality of the air across California by funding local, cost-effective projects to upgrade heavy-duty diesel equipment using proven technologies and procedures that reduce oxides of nitrogen (NOx), particulate matter (PM) and reactive organic gases (ROG) from diesel-powered engines. Since the MDAQMD began its participation in the program, the District has awarded more than $13 million to eligible projects.
Discussion:
Passage of Assembly Bill 2836 would continue the 75-cent fee on tire sales statewide as funding for the Carl Moyer Program along with the existing authority for up to $2 in locally generated motor vehicle registration fees for the local AB 923 incentives program.
The City of Victorville routinely evaluates equipment for replacement due to changing air quality standards dictated by the State of California. The costs to continue replacing equipment can be offset with funding made available through grant/funding sources such Carl Moyer Program and the Clean Air Incentives Program. For Fiscal Year 2022/23, staff has identified eight pieces of eligible equipment that no longer meet California’s emissions standards. These eight pieces of equipment are listed below along with replacement cost estimates.
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Department Make Model /
Description
Vehicle
Year
Replacement Cost
Estimate
Airport John Deere 544E Loader 1989 $230,000
Airport Bobcat Loader 1990 $50,000
Airport John Deere 772-B Grader 1990 $400,000
Parks Case 885 Tractor 1991 $60,000
Public Works John Deere 544H Loader 2000 $230,000
Parks Jacobsen Turfcat Mower 2002 $28,000
Airport Kubota M6800 Skip
Loader 2003 $125,00
Parks John Deere 4610 Tractor 2003 $60,000
Fire Pierce Saber 314
Medic Engine 2005 $650,000
The proposed letter of support for AB 2836 is intended to convey the message that the City is in favor of continuing these successful and beneficial clean air grant programs.
Attachments: A. Letter of support for Assembly Bill 2836
ATTACHMENT A
760.955.5000
FAX 760.245.7243
[email protected]
http://ci.victorville.ca.us
14343 Civic Drive
P.O. Box 5001
Victorville, California 92393-5001
CITY OF
VICTORVILLE
May 17, 2022
The Honorable Chris R. Holden
Chair, Assembly Appropriations Committee
1021 O Street, Suite 8220
Sacramento, CA 95814
RE: Assembly Bill 2836 (E. Garcia) – Carl Moyer & Local Clean Air Incentives Program Extension
Chair Holden:
On behalf of the City of Victorville , I am writing to express support for Assembly Bill 2836 (E. Garcia).
This proposed legislation reauthorizes California’s most successful clean air programs; the Carl Moyer Memorial Air Quality Standards Attainment Program (Carl Moyer) and the Clean Air Incentives Program (Assembly Bill 923, or AB 923, 2004). The Carl Moyer program provides incentives to voluntarily retrofit or replace older, higher emitting vehicles a nd mobile off -road engines including, but not limited to, agricultural pumps, farm equipment, locomotives, and marine engines. The AB 923 program provides similar incentive funding for school bus replacement, agricultural equipment, light duty vehicle scrapping programs and anything that would otherwise qualify for Carl Moyer funding. These two decades old programs are currently set to sunset on January 1, 2024. AB 2836 (E. Garcia) would extend this to January 1, 2033.
The City of Victorville is located at the high point between Los Angeles and Las Vegas and is the leading city for both industry and retail in the high desert region. Our community is home to approximately 135,000 residents and some of the area’s largest employers. Our city views this funding as an instrumental source to help replace dated equipment that includes both public safety emergency vehicles and dated construction equipment that is used in our Public Works programs. We hope to continue to be able to rely on these funds for replacing outdated air polluting equipment and to help cover the costs associated with upgrading and improving equipment that no longer meets air quality standards. As a city located within the Mojave Desert Air Basin (MDAB) and the jurisdiction of the Mojave D esert Air Quality Management District (MDAQMD), we are challenged with balancing the health needs of the community while ensuring that economic growth is not unduly impacted. This task is made more difficult due to overwhelming transport of air pollution (primarily Oxides of Nitrogen and Particulate Matter) from upwind air basins 1 as well as
being transited by three major on-road transportation corridors,2 rail lines between the Ports of Los Angeles and Long Beach3 and points east, and a substantial amount of daily commuter traffic into the greater Los Angeles area. Therefore, any program that reduces mobile emissions both within our region and upwind is extraordinarily helpful.
1 The South Coast and San Joaquin Air Basins. See 17 CCR §70500. 2 I-15, I-40, and SR395.
3 UP and BNSF, with a major rail maintenance and intermodal facility located in Barstow, CA.
Overall, in California the Carl Moyer program has, since 1998, resulted in the reduction of over 198,000 tons of Nitrogen Oxides (NO x) and Reactive Organic Gases (ROG) 4 along with 7,300 tons of particulate matter, much of which is diesel exhaust which is in and of itself a Toxic Air Contaminant (TAC).5 The AB 923 program has since 2004 provided funding for replacement school busses, agricultural equipment, light- duty vehicle scrapping programs, and additional Carl Moyer eligible projects. Our local air District, the MDAQMD, has participated in the Carl Moyer program since its inception and our citizens have benefited from the emissions reductions. Just since 2018 the MDAQMD has funded over 80 projects with over $11 million in various grant funding. Of those projects, 29 were directly funded with roughly $4 million of Carl Moyer program funding.
The reauthorization of these cost-effective programs is not only helpful in terms of health impacts, they are also vital to the attainment of the National Ambient Air Quality Standards (Federal NAAQS) and the California Ambient Air Quality Standards (State CAAQS). These programs also substantially decrease emissions of diesel exhaust particulate matter .
6 Within the jurisdiction of the MDAQMD, cars, trucks, trains, and other mobile sources produce more than 68% of the air pollution. This percentage is even higher in upwind areas. To meet both California and Federal clean air goals mobile source pollution must be significantly reduced by the mid-2030’s.
AB 2836 reauthorizes a 75-cent fee on tire sales to fund the Carl Moyer program and existing authority for local air district boards to collect up to $2 in locally generated motor vehicle registration fees for the local AB 923 incentives program. It also reauthorizes the San Joaquin Valley specific vehicle surcharge.
Without the reauthorization of these fiscally sound and effective programs, substantial opportunities to reduce mobile air pollution ahead of regulatory deadlines will be lost. Therefore, to protect public health, provide business certainty, and make a continued investment in our local, regional, and state-wide clean air future, we respectfully request your support of AB 2836 when it comes before your committee and on the floor.
If you have any questions or wish to discuss further, please don’t hesitate to contact me at (760) 955-5188.
Sincerely,
Debra Jones
Mayor
City of Victorville
Cc: The Honorable Eduardo Garcia, Assembly Member, 56
th District
The Honorable Thurston Smith, Assembly Member, 33rd District The Honorable James Ramos, Assembly Member, 40th District Members of the Assembly Appropriations Committee
4 The major components of Ozone (O3) pollution (aka. Smog) 5 2020 CARB Carl Moyer Program Statistics Report
6 Diesel Particulate is a TAC which causes cancer, respiratory issues, other health problems, and premature death; especially in children, the elderly, and other vulnerable populations.
Item Number: 29
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Consideration of proposed City Council Resolution No. 22-015 adopting revisions to the City of Victorville City Council Policy and Procedures Manual Recommendation:
That the Honorable City Council: (1) Review and Consider the Proposed Revised City Council Policy and Procedures Manual; and (2) Adopt Resolution No. 22-015.
Fiscal Impact:
There is no fiscal impact associated with this action.
Background:
The City Council Policy and Procedures Manual (the “Manual”) was originally adopted on October 3rd, 2017 and revised by further resolutions on September 4th, 2018, October 1st, 2019, June 23rd, 2020 and March 16th, 2021.
Discussion:
At the January 18, 2022 meeting, the City Council directed the City Manager and City Attorney to review and make recommendations for revisions as may be necessary to improve clarity in Chapter 9 of the City of Victorville City Council Policy and Procedures Manual (the “Manual”) relating to boards, commissions and agency appointments.
Additionally, at the February 15, 2022 meeting, the City Council directed staff to return with recommended revisions to Chapter 8 of the Manual to eliminate the utilization of subjective reasoning in the decision making process for granting letters of recognition, certificates, and proclamations for individuals and organizations and create a more objective process. Following review, a proposed revised version of the Manual was prepared by the City Attorney’s office.
The attached version proposed for adoption is now being presented for City Council consideration.
2 6
1 0
Staff remains available for any questions or comments you may have.
Attachments: A. Resolution No. 22-015
B. City Council Policy Manual Redlined
C. City Council Policy Manual Clean
Attachment A
Resolution No. 22-015
RESOLUTION NO. 22- 015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, ADOPTING REVISIONS TO THE
CITY OF VICTORVILLE CITY COUNCIL POLICY AND
PROCEDURES MANUAL
WHEREAS, on October 3, 2017, the City Council of the City of Victorville (the "City Council") passed Resolution No. 17-056 adopting the City of Victorville City Council Policy and Procedures Manual (the "Manual"); and
WHEREAS, the Manual created a centralized and comprehensive set of rules, policies and procedures governing the conduct of City Council meetings and the carrying out of the day-to-day business of the City of Victorville (the "City"); and
WHEREAS, Section II.B of Chapter 1 of the Manual provides that the Manual shall be reviewed at least biennially and may be revised by resolution of the City Council if and as needed; and
WHEREAS, by adopting Resolution Nos. 18-074, 19-057, 20-055, and 21-021 the City Council has since the Manual was first adopted, approved certain revisions to the Manual in order to clarify certain provisions and to incorporate additional procedures to help streamline the conduct of City Council meetings; and
WHEREAS, certain additional issues which have arisen since the Manual's initial adoption and prior amendments have necessitated a number of further revisions; and WHEREAS, the proposed revisions concern the Guidelines and Procedures for ceremonial recognition items as addressed in Chapter 8 and the establishment of Committees and Commission as addressed in Chapter 9; and
WHEREAS, the City Council finds that adopting the proposed revised Manual attached to this Resolution serves the interests of the City, the City Council, and the public as it streamlines and facilitates the orderly and efficient conduct of City Council meetings and related City business, and also help ensure that the Policy Manual is consistent with California Law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the revised City of Victorville "City Council Policy and Procedures Manual" ("Policy Manual") attached to this Resolution be approved and adopted. The City Council further authorizes the City Manager and City Attorney has to make non-substantive changes as may be deemed necessary provided any such changes are shared with the City Council.
Section 2. That this Resolution shall supersede Reso lution No. 21-021 and take effect immediately upon its adoption.
Section 3. That the City Clerk shall certify to the passage and adoption of this Resolution.
Attachment B
City Council Policy Manual
Redlined
City of Victorville
City Council Policy and Procedures Manual
Adopted by the Victorville City Council
by Resolution No. 17-056 on October 3, 2017
Revised by Resolution No. 18-074 on September 4, 2018
Revised by Resolution No. 19-057 on October 1, 2019
Revised by Resolution No. 20-055 on June 23, 2020
Revised by Resolution No. 21-021 on March 16, 2021
Revised by Resolution No. 22-015 on March 1May 17, 2022
-i-
TABLE OF CONTENTS
TABLE OF CONTENTS i
CHAPTER 1 - INTRODUCTION AND PURPOSE 1
CHAPTER 2 - ROLE OF CITY COUNCIL 2
CHAPTER 3 - COUNCIL MEETINGS 11
CHAPTER 4 - AGENDA 19
CHAPTER 5 - MEETING RULES OF CONDUCT AND DECORUM 22
CHAPTER 6 - ADMINISTRATIVE MATTERS 32
CHAPTER 7 - RELATIONSHIP AND CONDUCT 35
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 40
CHAPTER 9 - COMMISSIONS, COMMITTEES AND BOARDS 48
CHAPTER 10 - ENFORCEMENT 52
Chapter 1
1 CHAPTER 1 ‐ INTRODUCTION AND PURPOSE
I. PURPOSE OF MANUAL
A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy and Procedures Manual (“Manual”), the City Council of the City of Victorville (the “City Council” or “Council”) hereby establishes updated Rules of Procedure for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior Council Policies, Resolutions, rules, and related administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.
B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Victorville has a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Victorville. While attempting not to be overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day-to-day conduct and actions.
C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily-accessible document will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest.
II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL
A. Effective Date. The Rules contained in this Manual shall be in effect immediately upon their adoption by City Council resolution, and shall remain in effect until such time as this Manual is amended and new Rules are adopted and/or updated by City Council resolution.
B. Biennial Review. This Manual will be reviewed at least biennially (once every two years) and be revised by City Council Resolution if and as needed.
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2 CHAPTER 2 ‐ ROLE OF CITY COUNCIL
I. OVERVIEW
A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the City Council acts as a body. No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem”) have additional ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal.
B. Establishment of City Policy. City Policy is established and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy-making authority beyond that of the other Councilmembers.
C. Decisions of Majority of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majority does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.
II. COUNCIL ELECTION AND GOVERNANCE
The City of Victorville is governed by a five-member City Council elected to four-year terms on a staggered basis. Councilmembers are elected in the general election in November of even- numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. The newly-appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote.
The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.
1. The City Clerk opens nominations.
2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.
3. The City Clerk closes nominations.
Chapter 2
3 4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.
5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.
6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.
The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.
Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action pursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. If such consensus is not gained after the second consecutive Council meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting.
III. ROLE AND DUTIES OF MAYOR
A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be delegated to the Mayor by majority vote of the City Council.
B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion
1. to preserve order at all Council meetings by facilitating the effective conduct of business during meetings and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance;
2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;
3. to determine the order of business at meetings of the City Council; and
4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi-judicial proceedings. The Mayor or other Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council.
Chapter 2
4 C. External Communication of Policy. The Mayor is to faithfully communicate the position of the Council majority in matters of policy.
D. Seating Arrangement for City Council. The Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all meetings of the Council, in council chambers or elsewhere. The Mayor will, following each Council election of officers and at such other times as the Mayor deems it necessary, establish the seating arrangement of the Councilmembers. The Mayor Pro Tem will always be seated immediately next to the Mayor.
E. Signing Documents. The Mayor, whenever available, shall sign all ordinances, resolutions and other documents that have been adopted and authorized by the City Council and require an official signature. However, the City Manager or another City official may sign certain documents when so authorized by Council action and/or the provisions of the Victorville Municipal Code.
F. Absence of Mayor. In the absence of the Mayor, the Mayor Pro Tem performs the duties of the Mayor, including acting as the Presiding Officer at meetings. When both the Mayor and the Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.
G. New Councilmember Orientation. The Mayor will lead, with the assistance of the City Manager, new Councilmember orientations.
IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS
A. Annual Review of Residency
Government Code Section 36052(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Victorville and rules regarding residency are further discussed in Section 243 and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk annually, their residency or domicile within the City of Victorville.
B. Advance Preparation for Meetings.
1. Prior Review of Agenda Materials . Prior to attending Council and committee meetings, study sessions and/or workshops, Councilmembers shall read or otherwise familiarize themselves with each agenda and supporting documentation for the items thereon.
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5 2. Seek Prior Clarification of Agenda Materials . In respect for everyone’s time and to help ensure that individual Councilmembers may be equipped to make informed decisions, do his/her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he/she may have about the posted agenda items and agenda-package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Manager, City Attorney, City Clerk, or such Senior Management as the City Manager may designate (e.g., Assistant City Manager, Deputy City Manager, City Engineer, Public Information Officer, City Department Directors, or the Police Chief) as soon as possible after receipt of the agenda package and prior to the meeting to which the agenda package relates.
3. Avoid Unfair Surprise . Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.
4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be absent for two or more consecutive regular council meetings, that Councilmember should seek the consent of the City Council to excuse such absence either prior to the absence, or immediately upon return, which consent shall require majority vote of the quorum.
C. Councilmember Appointments and Assignments. Following nominations by individual Councilmembers, the City Council confirms by a majority vote of the entire membership its appointments to City commissions, boards, and standing committees, as well as its appointments to the various boards, commissions, and committees of outside agencies on which Councilmembers serve as representatives of the City. The nomination process for such appointments shall follow the same nomination procedures as provided in Chapter 2, Section II of this Manual relating to the nomination of Mayor and Mayor Pro Tem. See Chapter 9 as to the roles and duties of such committee, commission, and board appointees, and additional rules relating to nominations and the filling of vacancies. Chapter 9 also provides rules relating to the creation and purposes of Ad Hoc subcommittees composed of less than a quorum of the City Council.
D. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of any ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates
Chapter 2
6 regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. An ad hoc subcommittee of less than a quorum of the Council shall develop the process for appointment, which is subject to Council approval.
E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.
1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.
Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff.
Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.
2. Ex-Officio Roles. The City Council also serves as the Boards for the Victorville Water District (“VWD”), the Southern California Logistics Airport Joint Powers Authority (“SCLAA”), the Southern California Logistics Rail Authority ("SCLRA”), the Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council when acting in it its roles as the boards of the aforementioned entities.
F. Engaging in Legislative and Quasi-Judicial Decisions/Acts. Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial.
1. Legislative. These actions/decisions formulate rules to be applied to all future cases.
Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.
2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi-judicial proceedings affect individual properties or parties. Quasi-judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.
3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.
Chapter 2
7 G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09- 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09-059 shall be superseded in its entirety by the provisions of Section V, below.
I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the story is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.
Councilmembers shall use the following procedures when handling concerns or complaints:
1. Receive - Listen to what the person has to say without preparing a response.
2. Repeat - Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to whom s/he has spoken about the matter prior to contacting a Council member.
3. Request - Ask what the person would like the Council member to do with the information and/or what is seen as a solution to the problem.
4. Review - Indicate that the information will be shared with the City Manager in order that the City Manager or his or her designee may be able to provide a response or additional information as may be necessary.
V. CODE OF ETHICS FOR COUNCILMEMBERS
A. Intent and Purpose. To assure public confidence in the integrity of local government and its effective and fair operation, this Code of Ethics provides a framework for day-to-day actions
Chapter 2
8 and decision-making by Councilmembers and represents a commitment to uphold a standard of integrity beyond that required by law. The citizens and businesses of Victorville are entitled to a fair, ethical, and accountable local government that has earned the public’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following:
1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.
2. Public officials be independent, impartial, and fair in their judgment and actions.
3. Public office be used for the public good, not for personal gain.
4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
B. Principles and Standards. The principles and standards of ethical conduct for Victorville City Councilmembers are hereby established as set forth below.
1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Victorville and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Victorville City Council.
2. Comply with the Law . Councilmembers shall comply with the laws of the nation, the State of California, and the City of Victorville in the performance of their public duties.
These laws include, but are not limited to: the United States and California Constitutions, the Victorville City Charter, the Victorville Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open government, and City ordinances and policies.
3. Councilmember Conduct . The professional and personal conduct of Councilmembers must be above reproach and avoid the appearance of impropriety. While it is understood that Councilmembers enjoy First Amendment rights, they shall practice civility and decorum in discussions and debate, and refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, boards, commissions, staff, or the public that is intended to disrupt and not further the City's business.
4. Respect for Process. Councilmembers shall perform their duties in accordance with the processes and rules of order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff.
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9 5. Decisions Based on Merit. Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
6. Conflict of Interest . In order to assure their independence and impartiality in the City’s best interest, Councilmembers shall not use their official positions to influence decisions in which they have a conflict of interest.
7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official.
8. Use of Title. Councilmembers may use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise.
Individual Councilmembers must be careful not to: 1) exceed or appear to exceed his/her authority, 2) use his/her position to influence others unduly or, 3) use his/her title to improperly gain leverage or preferential treatment.
9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.
10. Use of Public Resources . Councilmembers shall not use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.
11. Advocacy. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Councilmembers shall explicitly state they do not represent the opinion of the entire Council.
12. Positive Workplace Environment . Councilmembers shall support the maintenance of a positive and constructive workplace environment for their employees, City employees, private citizens, and businesses dealing with the City. Councilmembers shall recognize their role in individual dealings with City employees. Councilmembers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.
13. Policy Role of Councilmembers . Councilmembers shall respect and adhere to the Council-Manager structure of Victorville City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
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10 14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government.
Although this Code of Ethics and Conduct is intended to “be self-enforcing” and will be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal censure as set forth in Chapter 10 of this Manual.
C. Norms and Protocols. The following norms were agreed to by each individual Councilmember present during the Governance Workshops of February 2020 and February 2021.
1) We conduct ourselves in a
professional manner.
2) We respect open government.
3) We value civil, intelligent public
discourse.
4) We seek to be efficient in our
meetings.
5) We treat all members of the
public with respect.
6) We understand our role in
contributing to a positive
workplace environment.
7) We respect the Council-
Manager form of government,
and Councilmembers do not
interfere with the role of the
City Manager or any
professional duties of City staff.
8) We keep confidential matters
confidential.
9) We know that a good working
relationship between Councilmembers
and with staff fosters good goal setting,
policy making and service delivery.
10) We understand that the Council acts as a
body, all members are equal, and policy
direction is only given by a majority vote
of the Council.
11) We understand that staff is obligated to
implement decisions made by the
Council, even if one of us doesn’t agree
with the Council’s decision.
12) We are prepared for Council meetings
and ask our questions of staff in advance
so we can avoid surprising staff at the
meetings. We know this is good
teamwork.
13) We act with high integrity in all matters
and follow our code of ethics.
Chapter 3
11 CHAPTER 3 ‐ COUNCIL MEETINGS
I. REGULAR MEETINGS
A. Time and Place. As set forth in Section 2.20.040 of the Victorville Municipal Code, regular meetings of the City Council are held the first and third Tuesdays of each month at 5:00 p.m. (Closed Session) and 6:00 p.m. (Regular Session) in the City Council Chambers located at 14343 Civic Drive, Victorville, California. City Hall will be open and accessible to Councilmembers during regular City business hours and at such times as regular and special meetings of the City Council are being held. Regular City business hours are: Monday through Thursday 7:30 a.m. to 5:30 p.m. and Friday 7:30 a.m. to 4:30 p.m.
B. Compliance with Ralph M. Brown Act. To ensure that the deliberations and actions of the City Council are conducted openly and to ensure meaningful public participation, all meetings of the of the City Council shall be held in compliance with the provisions of the Ralph M.
Brown Act, Government Code Section 54950 et seq. (the “Brown Act”).
II. SPECIAL MEETINGS AND EMERGENCY MEETINGS
A. How Called and Held. Special meetings and emergency meetings of the City Council may be called by the Mayor or majority of the City Council and held from time to time consistent with and pursuant to the procedures set forth in the Brown Act. Any special meeting called pursuant to this section shall not be scheduled unless a majority of the City Council has confirmed their availability.
B. Accommodate the Public. To be respectful of the public, unfinished business in any special meeting held immediately prior to a regularly-scheduled meeting should be suspended until the regular meeting is adjourned.
III. CONSIDERATION OF NEW BUSINESS/CANCELLATION OF MEETINGS
A. Consideration of New Business. No new item of Council business as posted in the Written Communications portion of the meeting agenda (See Sections V.B and VI.F of this Chapter) shall be considered after 10:00 p.m. unless approved by a majority vote by the Council. New business not taken up by the Council shall be carried over to the next regular City Council meeting, or the meeting may be adjourned to a date specific at Council’s direction.
B. Cancellation of Meetings. Any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have advised the City Clerk of their unavailability to attend a meeting. The City Manager may cancel a meeting when he/she determines there is no business to be conducted at the meeting.
Appropriate notices will be provided. Solely for the purpose of confirming unavailability of members prior to cancelling a meeting, the City Clerk may poll the members of the City Council provided that the City Clerk does not communicate to any Councilmember the
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12 responses of any other Councilmembers polled. Written notice of cancellation shall be given to each Councilmember and further shall be posted and distributed to the same parties and in the same manner as the agenda for regular meetings.
IV. MEETING MINUTES
A. Action Minutes. The City Council will use action minutes, which, at the discretion of the City Clerk, will contain either very little, if any, narrative content or a light summary to record their proceedings both during Open Session and Closed Session discussions. Action minutes will include final motions and will note for the record how each Councilmember voted. The minutes will also reflect the names of public speakers, if stated, and may contain brief summaries of the nature of comments, and in public hearings whether they spoke in support or opposition of the agenda item at issue. The City Clerk will have exclusive responsibility for preparation of the minutes, and any corrections to the minutes will be made by majority vote of the City Council.
B. Reading Not Required. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without a reading if the City Clerk has previously furnished the draft minutes in the City Council agenda packet.
C. Draft Minutes. Draft minutes of meetings are generally submitted to the Council for approval with the agenda packet. Any Councilmember who was absent from the prior meeting may participate and vote on the approval of the minutes and need not abstain on the approval of the minutes for that meeting.
D. Recordings. Recordings of all regular and special meeting proceedings are maintained by the City Clerk for a period of 2 years or as provided for in the City’s currently-adopted records- retention schedule. Closed Session discussions shall not be recorded unless mandated by a court of competent jurisdiction. The City Clerk shall take action minutes of all Closed Session items.
V. CONDUCT OF BUSINESS
A. Generally. The order of business for a Council Meeting is generally shown on the agenda in the order set forth in Section B, below, but may be modified when necessary on a case-by- case basis by the Mayor on his/her own prerogative or by the City Manager, as the Mayor may deem appropriate.
B. General Order of Agenda Items of Business for Council Meetings.
1. Closed Session
• Call to Order/Roll Call
Public Comment on Closed Session Items
Declaration of Closed Session Items by City Attorney
Recess to Closed Session
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13 Adjourn Closed Session
Return to Open Session
Closed Session Announcements by City Attorney
2. Regular Session
Call to Order/Roll Call
Closed Session Announcements by City Attorney (to the extent not made immediately following Closed Session as noted above)
Invocation/Pledge of Allegiance
Proclamations/Special Presentations
City Clerk Presents Agenda/Revisions to Agenda to the City Council Conflict of Interest Declaration(s)
Public Comments on any agenda item, except for public hearing items, as well as on topics of interest to the public that are within the subject matter jurisdiction of the City Council
A. Appeal Hearings
B. Public Hearings
C. Consent Calendar
D. Written Communications
E. City Manager Reports/Possible Upcoming Agenda Items/Reports from Council Members
3. Adjourn
C. Public Interest. The public interest shall be taken into consideration when the order of business on the agenda is modified. When feasible, topics anticipated to be of greatest interest to the public will be placed at the beginning of the agenda.
VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS
A. Closed Session. The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter that is authorized by State law. The City Council shall exclude from any such closed session any person or persons who it is authorized by State law to exclude from such closed sessions. The general subject matter for consideration shall be shown in the agenda posted for such session pursuant to the procedures set forth in the Brown Act. The City Attorney declares the items on the Closed Session Agenda and makes reports following Closed Sessions in accordance with the Brown Act.
B. Public Comment Periods. Depending on the meeting, these periods are provided at the start of the Closed and Regular Sessions and prior to Council’s consideration of agenda items to satisfy the requirements of the Brown Act. These periods provide the ability for members of the public to address the Council on items appearing on the agenda or on other matters of interest within the jurisdiction of the City Council that do not appear on the agenda.
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14 1. Restrictions. Public Comment Periods should not be utilized by Councilmembers to the extent said use impinges upon and/or diminishes the time allotted for other members of the public to speak, unless a Councilmember has recused himself/herself from participating in a decision of the Council on a particular agenda item for a financial or other conflict of interest and further is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in sections 18707(a)(3)(C) and 18704(d)(2) of the regulations of the Fair Political Practices Commission (“FPPC”).
2. Reasonable Time, Place, and Manner Limitations. Time and other reasonable limitations may be placed on these comment periods as more particularly described in Chapter 5, Section III of this Manual.
C. Appeal Hearings. Certain decisions made by the City’s Planning Commission, the City Manager, Senior Management, department heads, and/or hearing officers (as specified in the City’s Municipal Code or other applicable law) can be appealed to the City Council. Such decisions usually involve quasi-judicial matters, e.g., granting or denying of permits/licenses or other entitlements.
1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court-like.) Fair hearings and impartial decision-makers are required. Quasi-judicial hearings must be conducted in accordance with the principles of due process. When the City Council is acting as the decision-making body in quasi-judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due process and create conflicts of interest.
2. Other Public Hearings. Public hearings held prior to adoption of ordinances or other legislative/policy matters can follow less strict standards.
D. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invited to present protests or offer support for the matter under consideration, subject to reasonable time and other limitations.
1. When Required. Public hearings may be required on certain items as prescribed by the Victorville Municipal Code and/or state and federal law. Some examples of when public hearings are generally required include: zoning changes, some annexations, weed abatement items, introduction and first reading of ordinances, and increases of City fees and charges for utilities and other services.
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15 2. Cancellation and Continuances for Hearings Set by Council . Public hearings set by the City Council may be cancelled by a majority vote of the City Council or at the request of the City Manager or City Attorney for good cause. If needed, cancelled public hearings shall be re-noticed in accordance with applicable law. The City Council may also open a public hearing at a meeting, take testimony, leave such hearing open, and continue it to a date certain without re-noticing, upon a majority vote of the City Council, or by the Mayor at the request of the City Manager or City Attorney for good cause.
3. Continuances for Proponents of Projects and/or Appellants . Proponents of Projects for which a public hearing is required and Appellants who have an appeal hearing scheduled before the City Council shall be granted one continuance of that hearing under the following conditions:
(a) Requests for continuances of public hearings and appeal hearings shall be submitted by the proponent/appellant in writing to the City Clerk by no later than the close of business on the date of the Council meeting at which the matter is scheduled to be heard.
(b) The written request shall specify: (1) the reason for the request for continuance, and (2) the Council meeting date on which the proponent/appellant desires the matter to be heard.
(c) The City Council reserves the right to continue the public hearing or appeal hearing to a date and time that is least likely to impact the conduct of regularly agendized City business.
(d) If the proponent/appellant is unable to attend the meeting at which the matter will be heard, the proponent/appellant should designate a representative to appear on his/her behalf.
(e) No further continuances shall be granted unless, in its discretion, the City Council determines by majority vote that it is necessary to do so after considering the testimony and findings presented at the hearing.
4. General Public Hearing Procedure. Public hearings shall generally be conducted as follows:
(a) Staff presents its report, either by way of a written staff report or by in-person oral presentation.
(b) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(c) The Presiding Officer opens the public hearing.
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16 (d) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(e) The Presiding Officer closes the public hearing after everyone wishing to speak has had the opportunity to do so.
(f) Council deliberates and takes action.
5. General Quasi-Judicial Public Hearing Procedure (Land Use Matters and Appeal Hearings). If a public hearing involves a quasi-judicial matter, the provisions of Section VI.C.1 of this Chapter and other due process procedural safeguards will apply. Although the City Attorney shall advise the Council in this regard, such public hearings shall generally be conducted as follows:
(a) Councilmembers disclose any ex parte communications or information obtained outside the Council Chamber, such as field trips, views of the premises, and discussions with individuals.
(b) Staff presents its report, either by way of a written staff report or by in-person oral presentation.
(c) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(d) The Presiding Officer opens the hearing.
(e) The applicant and/or appellant have the opportunity to present his/her comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her case unless additional time is granted by a majority vote of the Council. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(f) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(g) The applicant and/or appellant have the opportunity to present his/her rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her rebuttal case unless additional time is granted by a majority vote of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so.
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17 (i) Council deliberates and takes action.
E. Consent Calendar. Items on this portion of the agenda include matters considered to be of a routine, administrative, or non-controversial nature, such as approval of the minutes for a prior meeting(s), approval of the register of demands, and second readings of ordinances.
Any discussion shall be limited in nature, and those items so listed shall be approved and adopted by one motion of the Council and a roll call vote.
1. Clarification or Comment. Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. To do so, Councilmembers must gain the Presiding Officer’s recognition immediately after the Consent Calendar is announced and before a vote is invited.
2. Pulling Consent Calendar Items . Only those items that require detailed deliberation should be pulled for separate consideration by Councilmembers. This must be done by making a request immediately after the Consent Calendar is announced by the Presiding Officer. If a request is made, it shall serve as a motion to remove an item or items and must be seconded before a vote of the Council may be taken. If the motion to remove receives a majority vote, said item(s) shall be removed from the Consent Calendar and added as the final item(s) for Council’s consideration in the Written Communications portion of agenda. If a motion to remove an item or items is not seconded, the motion to remove shall fail and the Council may proceed with voting on the Consent Calendar in the manner set forth in Section VI.E, above.
3. “No” Vote without Pulling Item. It is acceptable to register a “no” vote on an item on the Consent Calendar without pulling the item for separate consideration. The Councilmember would state that he/she wishes to vote “no” on the item before the Presiding Officer or City Clerk calls for the vote. After the vote, the City Clerk will announce the outcome as: “Motion carries unanimously with the exception of Councilmember A voting ‘no’ on item x.”
F. Written Communications. Items on this portion of the agenda are each discussed/debated and voted on separately.
G. Reports from City Manager. The City Manager provides brief general announcements of current events and matters of interest to Council and the public. In accordance with the Brown Act, no substantive discussion of specific matters is permitted.
H. Discussion and Possible Action Regarding Items for the Upcoming Agenda. At this time, Councilmembers may make motions to place items on an upcoming agenda. The procedural requirements applicable to this item are in Chapter 4, Section III.
I. Reports from Councilmembers. This portion of the agenda provides Councilmembers the opportunity to briefly comment on City events or projects germane to the business of the
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18 City. Councilmembers may also make oral reports on meetings and events attended at the City’s expense. In accordance with the Brown Act, no substantive discussion of specific matters is permitted. Reports from Councilmembers are limited to three (3) minutes per Councilmember, and that time cannot be used to reargue failed motions. The City Clerk has the responsibility to assist Councilmembers with time limits by signaling when the Councilmember is nearing his/her three-minute speaking limit.
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19 CHAPTER 4 ‐ AGENDA
I. GENERAL PURPOSE OF THE AGENDA RULES
A. General. The following rules relating to the agenda for City Council meetings are based on the premise that it is in the interest of good government that the City Council be fully informed on all matters upon which it is called to act. The City Council relies upon City staff to perform research, review potential courses of action, furnish technical information, and recommend solutions to various problems of City Government and recognizes that proper, thorough research and investigation requires time to ensure that the City Council has sound background information before it takes action.
B. Council Preparation. To foster the orderly, effective, and efficient conduct of meetings and ensure the necessary business of the City is transacted, each Councilmember has a duty to review and be familiar with the agenda materials in advance of each meeting. (See Chapter 2, Section IV.A of this Manual.)
II. AGENDA PREPARATION
A. In General. Agendas for regular and special meetings are prepared and posted by the City Clerk in accordance with provisions of the Brown Act, this Chapter, and all other applicable rules and laws. The content of each agenda is overseen by the City Manager in consultation with the City Clerk (and the City Attorney as necessary) concerning the sequence of agenda items and other procedural matters.
B. Agenda Item Submission Schedule. Pursuant to a schedule established from time to time by the City Clerk in consultation with the City Manager, draft agenda items are submitted to the City Clerk’s office prior to each meeting. A draft agenda document is prepared by the City Clerk and is provided to the City Manager and staff each Tuesday of the week prior to the regularly-scheduled City Council meeting. A copy of the draft agenda is then reviewed by the City Manager, City Attorney, City Clerk, and Senior Management the following Wednesday morning during its standing meeting.
C. City Manager Review. The City Manager reviews and approves all items for each Council agenda. The final agenda items, including staff reports and attachments, are then submitted to the City Clerk, compiled into the final Agenda packet, and distributed to the Council on the Thursday preceding each regularly-scheduled meeting. The agenda packet is simultaneously made available to the public and posted on the City’s website by the City Clerk in accordance with the Brown Act. Once the agenda packet has been delivered to the City Council, items may be added to that agenda by the City Manager or the City Attorney when necessary, provided a supplemental or revised agenda is prepared and posted by the City Clerk in compliance with the Brown Act. In addition, the City Council may take action on items not appearing on the agenda, which are commonly referred to as emergency or urgency items, provided doing so complies with the provisions of Government Code section 54954.2(b).
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20 D. Minimum Requirements. The agenda specifies the time and location of the meeting and a brief general description of each item of business to be transacted or discussed, including items to be discussed in Closed Session, if any. Each agenda item description includes a recommendation to the City Council of the action to be taken.
III. AGENDA ITEM SUBMISSION
A. Placing Items on the Agenda. As provided in sections B, C, and D, below, persons who may place matters on the agenda are City Councilmembers; the City Manager or his/her designated Senior Management staff; and the City Attorney. The City Council may also consider a request from a member of the public to place an item on a future agenda.
B. Councilmember Agenda Requests. To place an item on a future agenda, any Councilmember, including the Mayor, may make a motion or a request to do so during the “Discussion and Possible Action Regarding Items for the Upcoming City Council Agenda” portion of the agenda. In addition, a Councilmember, including the Mayor, may at any time during a meeting make a request or motion to place an item on a future agenda, if the item proposed for future consideration arises in direct relation to an item being discussed. Any request(s) made by a Councilmember shall be done with a simple contextualization and shall not exceed three (3) minutes unless there is an agreement by a majority vote of the Council to extend the time. No substantive discussion on the subject of the motion or request may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. Limited questions may be asked for clarification or to help Councilmembers ascertain whether the motion or request is timely.
1. Second and Majority Vote Required . If the motion or request to place an item on a future agenda is seconded and approved by a majority vote of those Councilmembers present, the proposed item will be placed on a future agenda. If there is no second, the motion dies and may not be proposed again at future meetings without the requisite suspension of rules for reconsideration.
2. Timing Direction . If the motion provides specific direction regarding timing, the approved item together with a staff report will be placed on a future agenda consistent with that direction. If the motion is silent regarding timing, appropriate City staff will be directed to prepare a staff report, and the approved item will be placed on a future agenda at the earliest suitable time, as determined by the City Manager and the Mayor.
3. Alterations of General Order of Agenda Items of Business. Certain categories of items of business are required by statute to be on every agenda or are necessary to appropriately conduct the business of the City Council in accordance with its adopted Rules of Discussion and Debate and parliamentary procedure (See Chapter 5).
Therefore, recurring categories of items of business such as: Roll Call/Call to Order,
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21 Public Comment Periods, Closed Session Declarations and Announcements, Consent Calendar, Public Hearings, Appeal Hearings, Written Communications, and Council Reports may not be altered without advance review or advice of the City Attorney.
4. Requests for Recurring Agenda Items. Requests by Councilmembers to add the same agenda item to every subsequent agenda are not permitted unless approved by a majority vote of the Council.
C. City Manager and City Attorney. When so directed by a majority vote of the City Council or upon his/her own initiative when circumstances warrant, the City Manager and the City Attorney may place items on the agenda.
D. Agenda Requests by Members of the Public. Upon agreement of a majority of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placement of an item on the agenda for Council consideration in the following ways:
1. A member of the public may write a letter to the City Council.
2. A member of the public may speak during the Public Comment period at a City Council meeting.
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22 CHAPTER 5 ‐ M E E T I N G R U L E S O F C O N D U C T A N D D E C O R U M
I. PARLIAMENTARY RULES AND GENERAL AGENDA ITEM PROCESS
A. Rosenberg’s Rules. Except as otherwise provided in this Manual, the proceedings of the Council at meetings shall be generally guided by the latest revised edition of Rosenberg’s Rules of Order (“Rosenberg’s Rules”). However, no ordinance, resolution, proceeding, or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said rules. In the event of a conflict or ambiguity between Rosenberg’s Rules and the rules set forth in this Chapter, the rules in this Chapter shall prevail over Rosenberg’s Rules.
B. General Process for Handling Agenda Items. The following process is the normal order of business for agenda items, except for public hearings, which are discussed in more detail in Section VI of Chapter 3.
1. The Presiding Officer announces the current agenda item. Note: to the extent members of the public wish to provide comments on an agenda item, such comments should be offered during the general public comment period at the beginning of the meeting. Such comments may be taken into consideration by Councilmembers when discussing the particular agenda item.
2. The City Manager or Submitter of the agenda item briefly introduces the item.
3. Staff presents its report (as needed), either by way of a written staff report or by an in- person oral presentation.
4. Councilmembers may ask questions of the City Manager and/or such City staff as the City Manager may designate, although Councilmembers are encouraged to seek clarification by asking or providing such questions prior to the meeting. Councilmember questions on an item may not exceed two (2) minutes unless an extension of time is granted by the Presiding Officer. Extensions granted may be appealed or overruled by a majority vote of the Council.
5. The Presiding Officer invites a motion.
6. Following a valid motion and second, the Council discusses, deliberates, and takes action as described in this Chapter.
7. An affirmative vote of the Council carries the motion, as described herein.
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23 II. RULES OF DISCUSSION AND DEBATE
A. Discussion Procedure. While discussing any question under consideration by the Council, it shall be the duty of the members thereof to remain seated and address their remarks to the Presiding Officer and their fellow members. Any remarks or orders to the audience shall be addressed by the Presiding Officer, or with his/her permission, by members of the Council.
B. Presiding Officer. The Presiding Officer shall have the authority to prevent the misuse of the legitimate form of motions, the abuse of privilege of renewing certain motions, or the obstruction of the business of the City Council. The Presiding Officer may preserve orderly business by ruling such motions out of order. In so ruling, the Presiding Officer shall be courteous and fair and shall presume that the moving party is making the motion in good faith. The Presiding Officer may move, second, debate, and vote from the chair. The Presiding Officer may also adjourn a meeting by a simple declaration thereof in the absence of a protest by any Councilmember.
C. Councilmembers to Address Presiding Officer. Every Councilmember desiring to speak shall first address the chair, gain recognition by the Presiding Officer, and confine himself/herself to the subject matter, item, or motion being currently considered by the Council, avoiding personalities and crude language.
D. Questions to Staff. Every Councilmember desiring to ask questions of city staff shall, after recognition by the Presiding Officer, address his/her question to the City Attorney or the City Manager, who shall be entitled either to answer the inquiry himself/herself or designate a member of the staff for that purpose. On the assumption that Councilmembers have already sought clarification of agenda materials in advance of the meeting pursuant to Chapter 2, Section IV. A of this Manual, Councilmember questions to City staff shall be subject to a two- minute time limit per agenda item, not including the time taken for staff response(s).
Statements masquerading as questions may be ruled out of order by the Presiding Officer.
E. Germane Comments/Time Limit for Council. Councilmembers shall limit their comments to the subject matter, item, or motion being currently considered by the Council. A determination of relevance shall be made by the Presiding Officer but may be appealed to the full Council. Councilmembers shall govern themselves as to the length of their comments but generally shall not exceed a total of five (5) minutes per agenda item (not including the two-minute period for Questions to Staff referenced in Section D, above), unless additional time is approved by a majority vote of the Council. The Presiding Officer or the City Clerk, as may be designated by the Presiding Officer, has the responsibility to assist Councilmembers by signaling when the Councilmember has spoken for five (5) minutes. The five-minute time limit may be extended by a majority vote of City Council. No Councilmember shall be allowed to speak more than once on any particular item until every other Councilmember desiring to do so shall have spoken.
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24 F. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless: 1) called to order by the Presiding Officer, 2) a point of order or point of privilege is raised by another Councilmember, 3) the speaker chooses to yield to a question by another Councilmember, or (4) for such other reasons as set forth in Rosenberg’s Rules or this Manual, including, but not limited to, a Councilmember’s right to call the question in order to terminate debate. If a Councilmember while speaking is called to order, he/she shall cease speaking until the question of order is determined; and if interpreted to be in order, may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
G. Point of Order. When a Councilmember believes a breach of the Council’s parliamentary procedural rules is occurring, he/she may raise a Point of Order to call upon the Presiding Officer to make a determination and enforce the rules of the Council. The Point of Order shall be ruled upon by the Presiding Officer, subject to the right of any Councilmember to appeal the ruling to the City Council through a valid motion. If a motion to appeal the ruling is seconded, the question shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate.
H. Point of Privilege. Any Councilmember can raise a Point of General or Personal Privilege.
1. Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.”
2. Point of Personal Privilege . The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege.
I. Move or Call the Question. Any Councilmember may move to immediately bring the motion/question being debated to a vote, suspending any further debate. Such motion shall not be made in a manner that prevents a Councilmember from voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. To close off debate pursuant to a Motion to Move or Call the Question, said motion must be seconded and passed by a two-thirds (2/3) vote of those present and voting. The motion is not debatable. If the motion to Move or Call the Question passes, a vote on the motion/question on the floor is taken. If the motion to Move or Call the Question fails, discussion on the motion/question on the floor continues.
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25 J. Motion to Reconsider. A motion to reconsider may be made only by a member who voted in the majority on the original motion. Such a motion may only be made at the same meeting as the original item, and then only to correct inadvertent errors or to consider new information not available at the time of the vote. If the motion to reconsider passes, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Councilmembers present. Matters that are quasi- judicial in nature or matters that require a noticed public hearing cannot be reconsidered.
K. Failed Motions. Failed motions shall not be brought up at a subsequent meeting unless the Council suspends the rules as provided for in Section II. M, below. However, the effect of such action will not operate to adversely affect individual rights that may have been vested in the interim without notice and an opportunity to be heard having been given to the affected party or parties.
L. Remarks of Councilmembers and Synopsis of Debate. A Councilmember may request through the Presiding Officer the privilege of having an abstract of his/her statements on any subject under consideration by the council entered into the minutes. If the council consents thereto, such statements shall be entered into the minutes.
M. Suspend the Rules. Any of the rules related to parliamentary procedures in this Manual (to the extent not governed by State law, such as Government Code section 36936, the provisions of the Political Reform Act, or the FPPC conflicts of interest regulations) may be suspended by a two-thirds (2/3) majority vote. Such suspension may be moved at any time by a Councilmember.
N. Protest Against Council Action. Any Councilmember dissenting from or stating his/her protest against any action of the council may request to have such dissent or protest entered into the minutes. Such dissent or protest to be entered into the minutes shall be in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons . . ."
O. Seconding of Motions Required. A motion by any Councilmember, including the Presiding Officer, may not be considered by the Council without receiving a second.
P. Other Time Limitations. A time limit of three (3) minutes shall be imposed on Councilmembers when speaking during the “Reports from Councilmembers” portion of the agenda.
Q. Reading of Ordinances. Except when the title of an ordinance has been read and further reading is waived by a regular motion adopted by a majority vote of the Council, all ordinances shall be read in full either at the time of introduction or passage.
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26 R. Voting Rules.
1. Vote Unless Disqualified . All Councilmembers present at a meeting when a question comes up for a vote should vote either for or against the question unless he/she is disqualified from voting by reason of a conflict of interest and abstains because of such disqualification.
(a) A Councilmember stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter. See Section S, below, for other rules relating to conflicts of interest.
(b) Any Councilmember who abstains for reasons other than disqualification, in effect consents that a majority of the quorum may decide the question being voted upon.
Any councilmember so abstaining will be counted as present for purposes of establishing a quorum. Such an abstention will be counted 1) as neither an affirmative vote nor a dissenting vote and 2) as if it did not exist. The “present and voting” rule as described in Rosenberg’s Rules applies.
2. Silence During the Vote. Unless a Councilmember states that he/she is abstaining, silence shall be recorded as an affirmative vote.
3. Call for the Vote. The Presiding Officer or the City Clerk shall call for the vote, which, at the Presiding Officer’s discretion, shall be taken by voice affirmation or roll call unless a recorded (roll call) vote is required by law. According to Government Code section 36936, a recorded majority vote of the total membership of the City Council is required for resolutions, orders for the payment of money, and all ordinances. In addition, some types of resolutions and ordinances may require a supermajority vote. Absent other specific State law requirements, a motion carries with a majority vote of a quorum of the City Council.
4. Tie Votes. Tie votes are failed motions but may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the item at a future meeting. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.
5. Changing a Vote . A Councilmember may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. Prior to the time that the next item in the order of business is taken up, a Councilmember who publicly announced that he/she will abstain from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention.
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27 S. Conflict of Interest. Any Councilmember who has a conflict of interest regarding any matter being considered by the Council shall, in compliance with the provisions of the Political Reform Act and other applicable laws, declare the conflict, state the reason for the conflict, and leave the room during the discussion of and vote upon that particular agenda item, unless it is a Consent Calendar item (or the Councilmember is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in Sections 18707(a)(3)(C) and 18704(d)(2) of the FPPC regulations). If the conflict involves a matter on the Consent Calendar, the Councilmember must announce the nature of the conflict and refrain from participating in the item, but he/she may remain present at the dais.
T. Leaving the Dais. To the extent a Councilmember decides to speak on an item by leaving the dais and speaking from the public podium, such Councilmember will relinquish his/her ability to speak on the same item upon his/her return to the dais.
U. Rules Not Exclusive. The rules set forth in this Chapter are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its Presiding Officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.
III. PUBLIC PARTICIPATION AND RULES OF DECORUM FOR COUNCIL, PUBLIC, AND STAFF.
A. Public Participation.
1. Manner of Addressing the Council. To facilitate the orderly conduct of meetings, persons wishing to speak during the Public Comment period and at public hearings are requested, but not required, to fill out speaker cards and provide them to any Sheriff’s deputy attending the meeting, or in his/her absence, the City Clerk prior to the start of the meeting or before a public hearing item is announced.
(a) During Public Comment periods, each person desiring to address the Council shall step up to the microphone at the podium and state his/her name (and address if desired) for the record. The speaker shall then specify the agenda item(s) on which he/she wishes to comment; state whether his/her comments pertain to a non-agenda item within the City Council’s subject matter jurisdiction; state whom he/she is representing; and whether he/she is representing an organization or other persons.
Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of an agenda item or items, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.
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28 (b) During Public Hearing items, each person desiring to address the Council shall step up to the microphone at the podium, state his/her name (and address if desired) for the record, state whom he/she is representing, and whether he/she is representing an organization or other persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of a public hearing item, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.
(c) During both Public Comment periods and during Public Hearing items, speakers should not approach the dais unless authorized to do so by the Presiding Officer. All remarks shall be addressed to the Council as a whole and not to any member thereof.
No questions shall be asked of a Councilmember, a member of the City staff, or member of the audience without permission of the Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer.
(d) During Public Comment periods members of the public may ask questions related to agenda items. However, in order to ensure compliance with the Brown Act the City Council is not required to answer such questions since depending on the nature of the questions, the issues raised may be beyond the scope of the subject matter of the agenda items. Nevertheless, in accordance with Government Code Section 54954.2 (a)3, the Presiding Officer may briefly respond or have staff respond to statements made or questions asked or may request that staff report back to the Council at a subsequent meeting concerning any matter raised by the public.
(e) During public comment periods and irrespective of the subject or viewpoint to be expressed, no speaker shall be permitted to show a video, make a PowerPoint presentation, or otherwise utilize any other form of electronic visual display technology requiring advanced set up and/or the use of projectors or other specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Council, instead of dealing with potentially time- consuming setup or technical difficulties.
2. Spokesperson for Group of Persons . To expedite matters and avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter or item, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council; and in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. In situations where more than ten (10) people wish to speak on an item, the Presiding Officer may place reasonable limits on the Public Comment period, including reducing the time allotted to each speaker to one (1) or two (2) minutes and/or a specific time limit for the total presentation (typically not to exceed
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29 twenty (20) minutes). Such time limits shall allow for full discussion of the item by interested parties or their representative(s). The purpose for any limitation described in this section is to ensure the Council can address its agenda, avoid repetitive comments and presentations, and conduct business in an orderly and efficient fashion.
3. After a Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first getting permission to do so by a majority vote of the City Council.
B. Rules of Decorum for Council, Public, and Staff. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is preserved at all times. The Presiding Officer of the Council shall be responsible for maintaining the order and decorum of meetings. While any meeting of the City Council is in session, the following rules of order and decorum shall be observed:
1. Councilmembers. While the Council is in session, Councilmembers must lend themselves to order and decorum. They shall neither by conversation or otherwise 1) delay or interrupt the proceedings or the peace of the Council, 2) disturb any Councilmember while he/she is speaking or, 3) refuse to obey the orders of the Presiding Officer. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
(a) English Language. The business of the City Council shall be conducted in English except to the extent such that a Councilmember wishes to speak as a member of the public, either in the Public Comment period or on an item listed in the Appeal and/or Public Hearings sections of the agenda.
(b) E-Communication Prohibited . Except as specified in subdivision (b), below, Councilmembers shall not use E-Communication at any time during any meeting, including, but not limited to, Open and Closed Sessions of the City Council. The use of E-communication is prohibited during Council meetings so that Councilmembers may remain attentive to members of the public, staff, or others as they are speaking to the City Council. E-Communication, which includes blogging, is defined as “electronic text, audio or visual communication, and attachments distributed via e- mail, telephonic service, websites, instant messaging, text messaging, Twitter, Facebook, Snapchat, Instagram, or comparable services.” City Councilmembers will not utilize the internet during Council meetings. Outside of City Council meetings, Councilmembers should not communicate via E-Communications with more than one other member of the City Council on any issue regarding City business.
(c) Exceptions for Emergencies . The limitation specified in subdivision (a), above, shall not apply to the receipt of telephone calls or text messages from family members in
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30 the event of an urgent family matter. Councilmembers wishing to respond to such a message during the meeting shall do so in a manner that does not disrupt the meeting.
Responses to urgent matters may occur during a recess or after having been excused from the meeting by the Presiding Officer.
(d) Recording or Live Streaming. Councilmembers shall not video record or live stream meetings while sitting at or standing behind the dais in such a manner that obstructs the view of or results in a persistent disruption of other Councilmembers’ ability to participate in the meeting. To the extent a Councilmember wishes to record or live stream a meeting while sitting at or standing behind the dais, such Councilmember shall further ensure that he/she is not recording in a manner that intrudes into the personal space of other Councilmembers or the City Attorney (within twenty-four inches of the person); in a manner that records notes made by Councilmembers during meetings (which necessarily invades the Mental Processes and/or Legislative Privileges protecting legislators’ uncommunicated motivations for making a policy or decision); or in a manner that displays the protected work product of the City Attorney.
(e) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
(f) Packing of Audience. It is inappropriate for a Councilmember to pack the audience for a specific agenda item.
2. City Staff Members. City staff members and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the exception that City staff members and employees may leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
3. Persons Addressing the Council. The primary purpose of Public Comment periods at City Council meetings is to allow citizens the opportunity to formally communicate with the City Council as a whole, but these comment periods should not be utilized as a substitute for handling any matter during the normal working hours of the city government. Each person who addresses the Council shall do so in an orderly manner and shall not make personal, impertinent, slanderous, or profane remarks to any member of the Council, City staff, or the general public. Any person who makes such remarks or who utters loud, threatening, personal, or abusive language, or who engages in any other disorderly conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
4. Members of the Audience. No person in the audience at a Council meeting shall engage
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31 in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language; whistling; stamping of feet; excessive clapping; or other acts that disturb, disrupt, or otherwise impede the orderly conduct of any Council meeting. Any person who conducts himself/herself in the aforementioned manner shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
C. Enforcement of Decorum . The rules of decorum set forth above shall be enforced in the following manner
1. Warning. The Presiding Officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the Presiding Officer, a person persists in disrupting the meeting, the Presiding Officer shall order such person to leave the Council meeting. If such person does not remove himself or herself, the Presiding Officer may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the Council to remove that person from the Council chambers.
2. Removal. Any law enforcement officer who is serving as sergeant-at-arms of the Council shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the Presiding Officer, it shall be the duty of the sergeant-at-arms to remove from the Council meeting any person who is disrupting the proceedings of the Council.
3. Motion to Enforce . If the Presiding Officer of the Council fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so. If the Presiding Officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member of the Council to act as Presiding Officer for the limited purpose of enforcing any rule of this section it wishes to enforce.
4. Adjournment or Recess . If a meeting of the Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be temporarily recessed, adjourned, or continued by the Presiding Officer or a majority of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting.
Chapter 6
32 CHAPTER 6 ‐ ADMINISTRATIVE MATTERS
I. ADMINISTRATIVE SUPPORT
General staff and administrative support to members of the City Council is provided through the City Manager’s Office. Administrative services, including the scheduling of appointments, receipt of telephone messages, and word processing, are available as needed. Sensitivity to the workload of support staff members in the City Manager’s Office is appreciated. Please note that individuals may have other work assigned with high priority. Councilmembers shall not make demands of the City Manager, City Attorney, or City Employees that communicate a desire for or an expectation of special treatment. In no event shall Councilmembers request administrative support to further personal or campaign/political purposes
II. MAIL, DELIVERIES, AND E-MAIL
A. Correspondence from the Public. The City encourages the public to send correspondence to the entire City Council, either by traditional post or by e-mail. Correspondence addressed to the City Council that is received by the City Clerk or by any other officer or employee of the City shall be deemed a public record upon receipt, except as set forth in the Public Records Act (California Government Code § 6250 et seq.) or other applicable law.
1. Authority of City Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and give it immediate attention to the end that all administrative business referred to in said communication not necessarily requiring Council action may be acted upon between Council meetings.
(a) Members of the City Council receive a large volume of mail and other materials from the public and staff. The City Clerk maintains an office mailbox for each member into which written correspondence shall be placed. Councilmembers must check their mailbox frequently.
(b) The City Clerk may provide for a city courier to deliver materials to the homes of Councilmembers when materials are time sensitive.
2. Councilmember Responsibilities . If correspondence is received directly by a Councilmember without the City Clerk having opened and examined same, the Councilmember shall be responsible for providing to the City Clerk the correspondence that is required to be included with agenda materials, as set forth in the Brown Act. All such communications shall be deemed a public record upon receipt, except as set forth in the Public Records Act or other applicable law.
B. City-Issued E-mail Address. Each Councilmember is provided with a City of Victorville domain e-mail address for City-related business purposes and to receive e-mail from constituents,
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33 other members of the public, government agencies, etc.
1. Status as Public Record. Pursuant to the Public Records Act, any e-mail sent or received by Councilmembers using the City-issued domain e-mail address may constitute a public record and be disclosable upon the City’s receipt of a Public Records Act request.
2. Privacy Limited. Councilmembers have no reasonable expectation of privacy in any e- mail correspondence received by them at their City of Victorville domain e-mail address
C. Communications Using Non-City Accounts/Devices. Messages or communications received by Councilmembers on their personal electronic devices or personal e-mail accounts concerning City business may also be subject to disclosure under the Public Records Act.
Additional rules are set forth in Section IV, below
D. Other Rules Relating to Correspondence. Any written correspondence or other materials, when distributed to all, or a majority of all of the members of the City Council by any person in connection with a matter subject to discussion or consideration at a public meeting, are disclosable public records under the California Public Records Act and shall be made available upon request without delay. Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the time of the meeting if prepared by City staff or a member of the City Council, or after the meeting if prepared by some other person. All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk
III. CITY-ISSUED EQUIPMENT.
A. Equipment Provided. To enhance Councilmembers’ ability to communicate with staff and the public, city-purchased equipment, such as computers and cell phones, can be provided upon request. Access to the City’s fax machines and e-mail system is also available
B. Limitations on Use.
1. Brown Act Considerations. The use of technological devices to communicate with a majority of other Councilmembers on any official action to be taken falls within the provisions of the Brown Act. Technological devices include, but are not limited to, phones, faxes, computer e-mail, public access cable TV, and video. Use of such devices to pass information for the purpose of developing concurrence on action to be taken outside of a public meeting is prohibited
2. Other Prohibitions. Personal use of City-issued equipment is prohibited in accordance with Government Code section 8314, except for such minimal and incidental use as specified therein.
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34 IV. USE OF PERSONAL ACCOUNTS AND PERSONAL ELECTRONIC DEVICES FOR CITY BUSINESS
A. Status as Public Records. Text messages, emails, and other electronic communications that deal in some substantive manner with the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act
B. Limitations and Rules on Use. To the extent feasible, City-issued email accounts and electronic devices shall be used to conduct City business. Limited use of a private device or account for public business by Councilmembers is permissible but discouraged. The following rules must be observed
1. Urge Use of City Electronic Devices/Accounts. Councilmembers shall request persons sending electronic communications regarding City business to a personal account or device to instead utilize the City of Victorville domain e-mail address, City-issued cell phone number, or other official City electronic messaging account provided to the Councilmember
2. When Communications Received on Personal Accounts/Devices . If Councilmembers receive electronic messages regarding City business on their personal electronic messaging account or device, or circumstances require them to conduct City business on a personal account or device, Councilmembers should either
(a) copy (“cc") any communication on his/her personal electronic messaging account or device to his/her City electronic messaging account, or (b) forward the electronic communication to his/her City account as soon as feasible after the original creation or transmission of the electronic communication.
C. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City-wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made.
Chapter 7
35 CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT.
I. RELATIONSHIP AND CONDUCT WITH CITY MANAGER
A. Council-Manager Form of Government. The City has adopted a Council-manager form of government. This structure reflects the City Council’s role to establish City policy and priorities. The Council appoints a City Manager to implement this policy and undertake the administration of the organization. The City Council must work through the City Manager in dealing with City staff
B. The City Council and City Manager Work as a Team. The City Council establishes policies for the overall operation of the City. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council.
The City Manager is expected to adhere to the International City/County Management Association (ICMA) Code of Ethics, and the City Council must recognize said Code of Ethics when dealing with the City Manager. The City Manager is responsible to the City Council rather than to individual Councilmembers and directs and coordinates the various departments
C. Productive Relationship Requirements. The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the chief executive officer of the City. To facilitate a productive work relationship with the City Manager, the City Council and/or individual members shall do each of the following:
1. Except for the purpose of requesting information or assistance, deal with the administrative service under the City Manager solely through the City Manager as indicated in Section 2.04.210 of the Victorville Municipal Code. Neither the City Council nor any member shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either publicly or privately. Alternately, contact may be made directly with Senior Management, as long as a copy of communication is forwarded to the City Manager. Senior Management shall inform the City Manager of all Councilmember contact.
2. Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City.
3. Treat City staff professionally, and refrain from publicly criticizing or belittling individual employees. Personnel issues are managed through established channels and procedures.
4. Avoid involvement in personnel issues related to City-Council-appointed staff, i.e., the City Manager and City Attorney, except during City Council Closed Sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately.
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36 5. Discuss directly with the City Manager any displeasure with a department or staff member
6. Refer complaints to the City Manager for further processing. Staff shall be given adequate time to investigate and respond to such complaints
7. Receive from the City Manager timely information regarding unusual events that the public would be concerned about; e.g., anyone wounded by gunfire, an area cordoned off by police or fire, a significant event, etc
8. Avoid communicating with persons or parties in litigation with the City (or any of the entities for which the City Council sits ex-officio as the governing board as noted in Chapter 2, Section IV.D.2 of this Manual) in a manner that compromises the City’s or other entity’s position in such litigation.
9. Include the City Manager in follow-up meetings where a Councilmember has first met with an individual or company representative regarding official business of the City
II. RELATIONSHIP AND CONDUCT WITH CITY ATTORNEY
A. Legal Advisor to the City. In all matters, the City Attorney represents the City and is the legal advisor to the City Council, the City Manager, the City Clerk, Senior Management, and department heads. The general legal responsibilities of the City Attorney are to provide legal assistance necessary for formulation and implementation of legislative policies and projects; to represent the City’s interest, as determined by the City Council, in litigation, Administrative hearings, negotiations, and similar proceeding to prepare and/or review and approve ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes for which they are prepared; and to keep the City Council and staff apprised of court rulings and legislation affecting the legal interest of the City.
B. Does Not Represent Individual Councilmembers or Staff. It is of the utmost importance to understand that the City Attorney does not represent individual members of Council, but the City and the City Council as a whole.
III. RELATIONSHIP AND CONDUCT WITH CITY CLERK
A. The City Clerk performs statutorily mandated duties and such tasks as may be assigned by the City Council and/or the City Manager. The general responsibilities of the City Clerk are:
1. to serve as the Elections Official of the City;
2. to protect and preserve the legislative record of the City Council and other various records;
3. to facilitate delivery of records consistent with the provisions of the Public Records Act;
4. to receive filings on behalf of the City;
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37 5. to facilitate the preparation, duplication, preservation, and delivery of Council agenda materials; and
6. to advise City departments about best practices for records management.
IV. RELATIONSHIP AND CONDUCT WITH STAFF
A. General considerations. Governance of a city relies on the cooperative efforts of elected officials, who set policy and priorities, and City staff, who analyze problems and issues; make recommendations; and implement and administer the City Council’s policies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembers and to allow staff to execute priorities given by management and the Council as a whole
B. Cooperation. Individual Councilmembers, as well as the Council as whole, shall receive the full cooperation and candor of staff in being provided with any requested information.
Requests of the City
Attorney‘s office are to be submitted directly to the City Attorney.
All other requests of staff are to be submitted through the City Manager’s office
C. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior
knowledge and approval of the Council as a whole.
1. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon a majority of the Council at an open meeting to do so as a matter of Council policy.
2. The City Council recognizes the primary functions of staff are in executing Council policy and actions taken by the Council as a body and in keeping the Council informed.
3. Staff is directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or influencing recommendations or business decisions in any manner.
V. REQUESTS FOR RESEARCH OR INFORMATION
A. General Considerations. Councilmembers should generally inform the City Manager prior to communicating directly with any employee below the Senior Management level. A Councilmember may request directly from department heads answers to routine questions or information on a given topic when it will require little or no research and have little or no impact to City operations. The Councilmember should also advise the City Manager of this request. City staff shall inform the City Manager of all Council contact.
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38 B. Responses to Requests. Requests made by individual Councilmembers for information or assistance shall be for the sole purpose of fulfilling his/her responsibilities as delineated throughout this Manual and not for any private or personal interest. Requests will be addressed as quickly as possible under the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney depending on the nature of the request) the request is not of a magnitude, either in terms of workload or policy, that would require more than thirty (30) minutes of time in which to respond or is of such a nature that it would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice.
C. Policy-Related Requests. All Council requests dealing with policy and such other requests that may be construed as direction shall be directed to the City Manager, except for routine general inquiries or questions that will not disrupt city operations, in which case, Councilmembers may approach Senior Management with their requests. Councilmembers may also contact the City Attorney or City Clerk.
D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner.
E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through e-mail. And to ensure proper responsiveness, Councilmembers are asked to copy both the department head and the City Manager on all correspondence with staff.
F. Access to Certain Information Restricted. There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs, such as access to restricted or confidential information related to crimes, may not be available to members of the City Council.
G. Dissemination of Information. In cases when a staff response to an individual Councilmember request involves written materials that may be of interest to other Councilmembers, the City Manager will provide copies of the material to all other Councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.
H. Disclosure of Information. No Councilmember may, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property, or governmental affairs of the City. Whether or not
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39 such information is allowed to be disclosed, no Councilmember may use or permit the use of any such confidential information to advance the financial or personal interest of himself/herself or any other person. For the purposes hereof, “confidential information” shall mean information that is not generally known in the public and/or is not subject to disclosure under the California Public Records Act or other applicable law. Some examples of confidential information include attorney-client privileged communication, attorney-client work product, personnel, medical, or similar information—the disclosure of which would constitute an unwarranted invasion of privacy. (Govt. Code § 6250 et seq.)
Chapter 8
40 CHAPTER 8 ‐ COMMUNICATION AND REPRESENTATION
I. REPRESENTING MAJORITY VS. INDIVIDUAL OPINION
A. Dual Roles of Councilmembers. A person elected to the City Council plays two roles: a member of a body elected to represent the City in its entirety and a private resident of the City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other. The elected Councilmember retains the right to speak as an individual, not as a member of the City Council, but must make this distinction very clear when he/she does speak on his/her own behalf and not as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals.
B. General Policy Considerations. An important role of a Councilmember is communication— communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various policy alternatives. Because the City Council acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members express personal views and not those of the Council, the public must be so advised.
II. CORRESPONDENCE FROM COUNCILMEMBERS
A. Stationery Use and Related Guidelines.
1. Use of City Letterhead. City letterhead shall be used by the Mayor, Mayor Pro Tem, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or other Councilmember. Use of City letterhead and/or title on personal matters (those not related to official city business) is not permitted.
2. Personal Stationery . Personal stationery without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positions that may be in opposition to established City Council positions or decisions. Personal stationery shall be printed at the expense of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.
3. Correspondence Public Record . All Councilmember correspondence created using City resources, including, but not limited to, City letterhead, postage, envelopes, or staff time, are public records and shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk.
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41 4. Permission Required. Whenever a Councilmember other than the Mayor wishes to write a letter on City letterhead, he/she should inform the Council (in writing or verbally at an open meeting) what the letter is about and seek Council approval that the letter may be written on City letterhead. Such letters shall only pertain to official City business.
B. Prohibitions on Use of Public Resources for Personal or /Campaign Purposes.
1. Letterhead and Staff. City letterhead and staff support cannot be utilized for personal or political purposes. Any use of the City’s logo, flag, seal, slogan, or name shall further be subject to the provisions of Chapter 1.06 of the Victorville Municipal Code and applicable State laws. The use of the City Seal, logo, or other insignia on personal matters and correspondence is not permitted.
2. Council Chambers and Staff Photos . The City Council Chamber cannot be used as a location for taking campaign photos or engaging in any form of campaign activity. Any violations of this prohibition may be reported to the Fair Political Practice Commission and any other enforcement agencies, and may further result in reprimand or censure, as provided in Chapter 10. The use of photos with current City staff and City Council candidates in election materials is prohibited.
III. SPEAKING FOR “THE CITY”
A. Issue Position Statements. When members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole taken in open session. It is permissible, however, for a Councilmember to clarify his/her vote on a matter by stating: “While I voted against ‘X,’ the City Council voted in support of it.” When representing the City at meetings or other venues, it is essential that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.
B. Communication of Council Policy. The Mayor and individual Councilmembers are not authorized to speak on behalf of the City or the City Council with regard to City or City Council policy or positions, except when such policy or position has been clearly established or when the Mayor or Councilmember has been designated by the City Council as a spokesperson on a given subject.
C. Supporting State or Federal Legislation. The City Council may be requested to formally support or oppose state or federal legislation. In considering whether or not to take such action, it is Council policy to determine first if the legislation involves matters pertaining directly to the City of Victorville or its residents as a whole. If the subject matter does not relate directly to City business or to local residents, then the City or City Council can decline to take a position. If the legislation could be expected to affect the City or its residents, then the City Council may elect to take a position. All correspondence articulating the City’s position on state and federal legislation shall be handled in a manner consistent with the City
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42 Council’s adopted goals and policies.
D. Press Releases. All press releases pertaining to the City Council shall be issued on City letterhead on behalf of the entire City Council. No press releases pertaining to the City Council or City shall be released by individual members of the City Council without prior authorization from the City Council acting at a Council meeting. The City Manager and his/her designated staff are authorized to issue press releases pertaining to City activities and events of public importance as he/she determines necessary and appropriate to keep the public informed. All final press releases shall immediately be distributed to the City Council.
E. Representation at Ceremonial Functions.
1. City Sponsored Events. The Mayor, or Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions organized by the City. The Mayor or Mayor Pro Tem may, at his/her own discretion, ask another Councilmember to represent the Council at that function when neither is available. Staff shall also include any Councilmember who has promoted a project or event in any program or agenda in such a function.
2. Non-City Sponsored Events . As a general rule, the Mayor, or the Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions not organized by the City upon receipt of an invitation from the sponsor of such event. If neither the Mayor nor the Mayor Pro Tem is available to attend a non-City sponsored event, he/she may designate a replacement. Nothing in this provision is meant to preclude a Councilmember from representing the Council at a ceremonial function where the event organizer has requested that a specific Councilmember attend the function.
F. Appearances before Agencies and Organizations. If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council.
G. Participation in Community Activities. From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.
H. Name Badges. The City issues name badges to all City Councilmembers, the City Manager, the City Clerk, Senior Management, department heads, City Planning Commissioners, City advisory committee members, and other City staff as deemed appropriate by the City Council.
1. Official Use Only. It is not permissible for any City Councilmember or any of the personnel
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43 listed in Section G, above, to use his/her badge for any purpose except as reasonably necessary for identification when acting in their official capacities.
3. Fraudulent Use Prohibited. It is not permissible for any person to wear, exhibit, or use a badge with the intent of fraudulently impersonating a City official or of fraudulently inducing the belief that the person is a City official at the time the badge is worn, displayed, or used.
I. Business Cards. City Councilmembers will be provided with City Manager approved business cards in increments of 500. No more than one order will be processed within a 12-month period unless approved in advance by the City Manager. City business cards may not be used for personal or financial gain, for obtaining privileges not otherwise available to a Councilmember, or for soliciting political contributions. Councilmembers are prohibited from using any other form of non-approved business cards that contain the City logo, the City seal, the City flag, or the City slogan.
IV. CITY COUNCIL SPENDING AND REIMBURSEMENT POLICY
A. Effect of CP-12-01. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy No. CP-12-01, or any amendment(s) to or successor Council Policy adopted in lieu thereof (“CP-12-01”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP-93-5 and CP-73-3, to the extent currently in effect, are completely superseded by this Section.
B. Events and Covered Expenses. As long as all other requirements of this Section IV are also met, covered expenses (as that term is used in CP-12-01) incurred by City Councilmembers constitute reimbursable expenses when they engage and/or participate in the following activities and/or events (“Events”):
1. Communicate with representatives of regional, state, and national government and their various agencies and entities on City-adopted or authorized policy positions.
2. Attend educational seminars designed to improve Councilmembers’ skill and information levels.
3. Participate in regional, state, and national organizations, e.g., California League of Cities or National League of Cities, whose activities affect the city’s interests.
4. Attend City-sponsored events.
5. Travel out-of-state or internationally for the above purposes.
C. Advance City Council Approval of Expenditures for Events. Prior to making travel, transportation, and/or lodging arrangements for any Event for which a Councilmember
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44 wishes to be reimbursed by the City, the Councilmember must have the Event and the expenditure approved. Requests for travel and meeting expense reimbursements or City- paid travel and meetings for any Event(s) will require the advance approval of the City Council at a regularly-scheduled Council Meeting under an agendized item requesting such approval.
The foregoing requirement for approval of travel expenses shall not apply when the City Councilmember is traveling in connection with his/her required attendance at meetings of legislative bodies of outside agencies to which the Councilmember has been appointed to serve as a City representative or alternate pursuant to Chapter 9, Section IV of this Manual.
D. Meeting Reporting Requirement. C ouncilmembers shall provide a brief report on any meeting or event attended at the expense of the City at the next regular meeting of the Council. If multiple Councilmembers attended the same event, a joint report may be made.
E. Additional Spending and Reimbursement Rules.
1. Spending Tracked . The City Manager’s Office will keep an individual spending and reimbursement record for each Councilmember for the period of July 1 to June 30 of each year.
2. Intrastate/International Travel. No travel outside the state or the country is permitted without advance approval of the City Council, who shall make such decision at a Council Meeting under an agendized item requesting such approval.
3. Travel Arrangements. Hotel and travel accommodations may be made by City staff or the Councilmember. Councilmembers shall use best efforts to seek the most reasonable, cost-effective manner of travel and/or accommodations, keeping in mind that such travel and/or accommodations are being provided at the expense of the taxpayers.
F. Expense Reports Required. In order to receive expense reimbursements, Councilmembers shall complete and submit to the City Manager’s Office a Travel and Expense Reimbursement Form and Report (“Expense Report”) within a reasonable time after incurring the expense, but in no event, shall it be later than 30 days thereafter. The following rules shall also apply:
1. Each Expense Report shall be accompanied by all receipts documenting each expense with proof of the advance approval obtained from the City Council (or the City Manager, as applicable).
2. The Councilmember shall verify that the expenses for which reimbursement is sought were incurred on behalf of the City in the performance of official duties and otherwise meet the requirements of this Section IV.
3. All documents related to reimbursable expenditures, including, but not limited to, the Expense Report and actual receipts, are public records subject to disclosure under the
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45 Public Records Act. Any personal information, e.g., credit card numbers, contained on any receipts may be redacted before publicly releasing such records.
G. City Manager Authority. The City Manager has the authority to determine the reasonableness of an expense and, as such, may disallow it for reimbursement. A request for reimbursement that has been disallowed by the City Manager may be appealed to the City Council who will make its decision at a regularly scheduled City Council Meeting under an agendized item requesting such appeal. The decision of the City Council shall be final.
V. GUIDELINES AND PROCEDURES FOR CEREMONIAL RECOGNITION ITEMS
A. General. The City of Victorville regularly receives requests from individuals and organizations for various ceremonial recognition items. These items can range from a simple Lletter or Ccertificate of Rrecognition to a plaque commemorating a special occasion or event.
B. Need for Guidelines. Ceremonial recognition items are intended to bepresented purely as gestures of high esteem . and if If provided too freely, or for less than honorable purposes, they are apt tocould lose significance to the point of becomingand become meaningless.
Therefore, these Guidelines and Procedures for the issuance and presentation of Cceremonial Rrecognition Items will shall be adhered to when such requests are receivedfully.
C. Jurisdictional Limitations. Ceremonial recognition items shall only be presentedbe awarded to businesses, organizations, and individuals located in , providing services in , or residing exclusively in the City of Victorville. All other requests will be denied, and the requesting party shall be referred to the appropriate jurisdiction.
1. Certificates of Recognition in Presentation Folders. Certificates of Recognition in Presentation Folders are intended to commend and recognize businesses located in the City of Victorville during small-scale ribbon cuttings, grand openings, and open house events. Certificates of Recognition are only bestowed They are only to be presented at a Council meeting or other event where the Mayor or his/her designee will be in attendance to present the certificate, un less the event organizer(s) request a specific Councilmember attend the event.
2. Letters of Recognition/Congratulations . Letters of Recognition/Congratulations are intended to commend and recognize the following:
(a) Major achievements, such as the Eagle Scout Award and Girl Scout Gold Award. (b) Milestone events, such as the anniversary of an organization, wedding anniversaries of 50 or more years, or, at the Mayor’s discretion, or other life milestones, such as significant birthdays.
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46 Letters of Recognition/Congratulations may be mailed.
3. Framed Certificates of Recognition. Framed Certificates of Recognition are intended to commend and recognize the following:
(a) Exceptional contributions to the City of Victorville by a community organization, business, or individual; and
(b) Large scale ribbon cuttings, grand openings, anniversaries, and open house events for businesses located in the City of Victorville.
Framed certificates of recognition are only to be presentedbestowed at a Council meeting or other event where the Mayor or his/her designee will be in attendance to present the certificate , unless the event organizer(s) request that a specific Councilmember attend the event .
4. Plaques.
(a) Plaques shall only be prepared for presentation to prominent businesses and/or organizations that have made a significant contribution to the City of Victorville and its residents.
(b) Plaques may also be prepared for presentation to certain individuals who have acted with distinction in carrying out their duties or who have taken extraordinary actions that further the best interests of the City of Victorville and its residents. (c) Plaques shall be presented by the Mayor or his/her designee only. (d) The presentation of plaques will only be made in conjunction with an event or in a business meeting held in the City of Victorville where the business/organization/individual can be formally acknowledged by the Mayor or his/her designee.the City of Victorville where the business/organization/individual can be formally acknowledged by the Mayor or his/her designee unless an event organizer(s) or proposed recipient(s) request a specific Councilmember attend the event.
5. Proclamations. Proclamations are ceremonial documents signed by the Mayor for
(a) public awareness,
(b) charitable fundraising campaigns, and
(c) arts and cultural celebrations.
Proclamations will not be issued to or for any of the following:
(a) Individuals. Proclamations must affect a broad group of people. (b) Matters of political controversy, ideological or religious beliefs, or individual convictions.
(c) Events or organizations with no direct relationship to the City of Victorville.
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47 (d) Campaigns or events contrary to policies of the City of Victorville.
Proclamations are only bestowed at a City Council meeting or other event where the Mayor or his/her designee will be in attendance, unless the event organizer(s) requests that a specific Councilmember attend the event.
D. Additional Information Related to Ceremonial Recognition Items.Procedures for Requesting Ceremonial Recognition Items.
1. All requests are to be submitted to the City Clerk. Businesses and individuals located in, providing services in, or residing in the City of Victorville may submit requests.
Additionally, any Councilmember may request ceremonial recognition items.will be submitted to the Mayor at a weekly internal review meeting.
2. The Mayor reserves the right to modify or deny any requests. All requests shall be approved by the Mayor and the Mayor Pro Tem. To the extent the Mayor and Mayor Pro Tem cannot agree on approving a request for a Ceremonial Recognition item then such request will be placed on the next available City Council Agenda for consideration by the City Council. The City Council reserves the right to modify or deny any requests. Only one official signed copy of any form of recognition will be issued per individual or organization per calendar year.
3. The Mayor reserves the right to determine the type of recognition to be issued based on the information provided by the requesting party. Councilmembers shall uphold the good purpose intended for ceremonial recognition items. Therefore, in keeping with the Councilmembers’ Code of Ethics to be above reproach and avoid the appearance of impropriety, Councilmembers shall not request ceremonial recognition items for any private or personal interest, including politics. Furthermore, no Councilmember may request an official recognition for or on behalf of any business, organization, or individual associated with an organization in which the Councilmember serves as an employee, member, or volunteer.
4. Only one official, signed copy of any form of recognition will be issued per individual or organization per calendar year.
5.4. Ceremonial recognition items are not automatically reissued every year. No announcements should be made regarding any recognition items until official confirmation has been received from the Mayor's office.will not be e-mailed, mailed, or faxed.
5. Criteria for Awarding Ceremonial Recognition Items.Ceremonial recognition items are not automatically reissued every year. No announcements should be made regarding any recognition items until official confirmation has been received from the Mayor's office. a. All ceremonial recognition items shall be consistent with the United States Constitution, the California State Constitution, the Victorville Municipal Code and the various laws passed pursuant to such instruments.
b. The City Manager and his/her City Clerk shall ascertain whether the requester and/or prospective recipient is in good standing with the City, has any potential conflicts of interest, and/or is related to any members serving on the City Council
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48 or working in the City.
a.c. If the requester and/or prospective recipient is in good standing with the City, but another potentially disqualifying circumstance exists, the information shall be brought to the City Council at the next available City Council meeting to determine whether it is appropriate to provide the ceremonial recognition item.
E. Procedure for Requesting Ceremonial Recognition Items.Requirements for Submitting Requests.
1. All requests MUST be directly related to an event for a business, organization, or individual located, providing services, or residing in the City of Victorville.
2.1. All requests must be submitted in writing to the City Clerk's office at least seven business days prior to the date the document is needed. There are no exceptions to this requirement unless specifically waived by the Mayor and Mayor Pro Tem.
3.2. Each request must include the following:
(a) The contact person's first and last name, address, e-mail address, and telephone number.
(b) The name of the individual who will be accepting the presentation if different from the contact person's name.
(c) A brief summary and/or background of the event, organization, or individual to be recognized and the reason why such recognition is being requested. (d) The date the item is needed.
(e) The date, time, and location of the event if the ceremonial recognition item is to be presented at an event.
F. Additional Information Related to Ceremonial Recognition Items
1. All requests will be submitted to the City Manager and City Clerk at a weekly review meeting for consideration. All items consistent with the guidelines in this Chapter will then be reviewed for consideration by the Mayor and Mayor Pro-Tem and follow the provisions in D 2 above.
2. The Mayor shall sign all ceremonial recognition items. However, when a specific Councilmember has been requested by a business or organization to be a speaker at the event where a certificate of recognition is to be presented or when a Councilmember is the Mayor’s designee, that Councilmember shall also sign the certificate of recognition.
Chapter 9
49 CHAPTER 9 ‐ COMMISSIONS, COMMITTEES, AND BOARDS
I. PURPOSE AND GENERAL CONSIDERATIONS
A. Role of City Commissions, Committees, and Boards. Most commissions, committees, and boards established by the City Council are advisory to the City Council. The role of all such commission, committee, or board is to make recommendations to the City Council on matters affecting the City of Victorville. Except as otherwise provided in State or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council.
B. Nomination and Confirmation. On or before December 31 st of each year, the City Clerk (or such other staff as the Council may designate )) shall prepare and provide to the City Council an appointments list of all regular and ongoing boards, commissions, and committees appointed by the Council and the terms of the members of such boards, committees, and commissions that will expire during the next calendar year as required by Government Code Section 549720 et seq., also known as the Maddy Act . City Council Resolution No. 13-049 identifies that the normal term of each regular committee member shall be four years, more or less, and shall be coterminous with the term of office of the nominating Councilmember.
As such, in years where a generalCity Council election takes place, all seats on boards, commissions, and committees for newly elected Councilmembers will be open for nomination and appointment. In years where there is no generalCity Council election, only those seats that are unfilled will be open for nomination and appointment. At such time, or as soon thereafter as possible, the Presiding Officer shall ask each Councilmember whether he/she wishes to nominate new individuals or re-affirm his/her existing appointment (if applicable) to the various City committees and commissions (e.g., the City Legislative Review Committee and the Planning Commission). Such nominations and/or reaffirmations of existing appointments must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur . To the extent a Councilmember’s nominee for a specific committee or commission does not obtain the majority vote of the City Council, such Councilmember will be given the opportunity to nominate up to three (3) other individuals, either at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council by majority may appoint a replacement committee or commission member . or provide that the existing committee or commission member shall retain such appointment for the balance of the Councilmember’s term. Unscheduled vacancies shall be filled in accordance with Government Code sSection 54974. Except as may be terminated by a majority vote of the City Council, Ss uch unscheduled vacancy appointments shall be coterminous with the appointing Councilmember’s term of office as provided for in City Council Resolution No. 13-049.
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50 C. Instruction and Training. The Council shall ensure that all members of City committees and commissions are properly instructed on their responsibilities, direction, and performance expectations. Such City committees and commissions shall also be required to follow the applicable provisions of Resolution No. 13-049 and any amendments or successor resolutions thereto.
D. Planning Commission. Victorville Municipal Code Section 2.12.020 “Terms – Regular Members” specifies that the term of each regular commission member shall be four years, more or less, and shall be coterminous with the term of the office of the nominating Councilmember. It should further be noted that Resolution No. 13-049 does not apply to the Planning Commission. The membership, powers, and responsibilities of the Planning Commission are set forth in Chapter 2.12 of the Victorville Municipal Code, Chapter 2.12, and various provisions of State Law. In accordance therewith, the Planning Commission has adopted rules for transacting Planning Commission business. Victorville Municipal Code Section 2.12.020 – Terms – Regular members identifies the term of reach regular commission member shall be four years, more or less, and shall be coterminous with the term of the office of the nominating councilperson.
E. Conflict of Interest. All members of commissions, committees, and boards shall abide by the provisions of the Political Reform Act, FPPC regulations, and provisions of the common law relating to conflicts of interest.
II. CITY COUNCIL SUBCOMMITTEES
A. Purpose. The City Council from time to timetime-to-time forms committees composed solely of a portion of its own membership. These committees, often referred to as subcommittees, are formed to study, investigate, and make recommendations to the full Council regarding specific topics and may be designated as either Standing or Ad Hoc.
1. Standing Subcommittees . These subcommittees have a continuing subject matter jurisdiction or meeting schedules that are fixed by the Council. Regardless of the number of members, Standing subcommittees are required to comply with the Brown Act.
2. Ad Hoc Subcommittees . These subcommittees have a specific purpose and limited duration, no continuing subject matter jurisdiction, and no meeting schedule fixed by the Council. Ad Hoc Subcommittees composed solely of less than a quorum of the City Council membership (2 members maximum) are generally exempt from the Brown Act and thus are not required to schedule regular meetings or post meeting dates and agendas.
B. Subcommittee Formation and Appointment.
1. Standing Subcommittees. The Council may create or dissolve Standing subcommittees at any time by the affirmative vote of a majority of the Council. The Mayor appoints and
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51 the City Council confirms by majority vote the members of Standing subcommittees.
2. Ad Hoc Subcommittees . The Council or the Mayor may create Ad Hoc subcommittees.
The Mayor has the discretion to make appointments to such Ad Hoc subcommittees himself/herself or to allow a majority of the Council to vote on such appointments.
C. Subcommittee Responsibilities. The responsibilities of subcommittees include making and submitting recommendations and information to the Council for consideration and/or a vote (once properly agendized as noted in Section III.C, below, to ensure compliance with the Brown Act). Staff will work with and support Council subcommittees as required and in accordance with the provisions of Section II of this Chapter.
D. Review of Standing and Ad Hoc Subcommittees. At its second regular meeting in December (or as soon thereafter as possible), and prior to making any appointments, the Council will review each currently-existing Standing or Ad Hoc Subcommittee and determine the need to renew or terminate the committee.
E. Conduct of Subcommittee Meetings. Council subcommittees shall generally follow the meeting procedures and rules of order set forth in Resolution No. 13-049.
III. ADMINISTRATIVE SUPPORT FOR CITY COMMISSIONS AND COMMITTEES.
A. Staff to Provide Support. City staff will provide assistance and support to City commissions, committees, and subcommittees; however, such commissions, committees, and subcommittees do not have supervisory authority over City employees. While staff may work closely with these entities (particularly the Planning Commission), City staff members remain responsible to their immediate supervisors and ultimately to the City Manager. The members of City commissions, committees, and subcommittees are responsible to perform the functions (as set forth in Victorville Municipal Code or other City Council directive) of their respective committees/commissions.
B. Examples. Staff support includes preparation of an agenda and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate back-up materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues.
C. Procedure for Recommendations to Council. Advisory City commissions, committees, and subcommittees wishing to communicate progress, status, and/or recommendations to the City Council must do so through approved Council agenda procedures. In addition, if such commissions, committees, and subcommittees wish to correspond with an outside agency, such correspondence will be prepared by staff for review by the City Manager and possible approval by the City Council. Individual members of City commissions, committees, and subcommittees who would like City staff to perform research or review a particular issue must gain the approval for such a request from the City Manager before any work is planned or done.
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52 IV. BOARDS, COMMISSIONS, AND COMMITTEES ON WHICH COUNCILMEMBERS SERVE AS CITY
REPRESENTATIVES
A. Outside Agencies. City Councilmembers are appointed to and serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the Victor Valley Transit Authority (“VVTA”), the San Bernardino County Transportation Authority (“SBCTA”), and the Victor Valley Wastewater Reclamation Authority (“VVWRA”).
B. Procedures. Nomination and confirmation of such representatives and one alternate shall follow the same procedure identified in Section I.B for City Commissions, Committees, and Boards.
C. Absence. Whenever a member of the City Council is unable to attend a regional board or commission to which he or she is designated as the City’s representative, he or she shall notify his/her alternate.
D. Duties. Councilmembers serving as City representatives on such outside agencies shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies and shall provide updates or reports to the City Council on the activities of such agencies as required.
Chapter 10
53 CHAPTER 1 0 ‐ ENFORCEMENT
I. CENSURE AUTHORIZED
Censure is a formal resolution of the City Council that reprimands one of its own members for specified conduct, generally a violation of State, Federal, or local laws; or of City policy, including the provisions of this Manual (hereinafter collectively “Law”). Censure should not follow an occasional error in judgment that occurs in good faith and is unintentional, but it is appropriate when the violation is considered to be a serious offense or the conduct involves intentional and repeated violations of Law or City policy after other Councilmembers have informed the offending Councilmember of the violation(s). Censure carries with it no fine or suspension of the rights of the member as an elected official, but it nonetheless is a punitive action for wrongdoing.
II. CENSURE PROCEDURE
A. Request for Censure Hearing. During the open portion of any regular or special meeting of the City Council, any Councilmember may make a motion to calendar a censure hearing concerning the violative conduct of one of its members.
1. Specific Allegations . The request must include specific allegations of the conduct that constitutes a violation of the Laws or City policy upon which the proposed censure is based.
2 Support; Hearing or Investigation. If a majority of Councilmembers support the request then a) direction shall be given to City Manager to calendar the item for a future agenda or b) the Council shall appoint an ad hoc committee to investigate the charges.
3. When No Investigation Required . If the conduct or violation alleged is patent or otherwise clearly apparent, setting of the censure hearing shall proceed in accordance with Subsection C, below.
B. Investigation. If a majority of the Council determines an investigation is warranted, the Council shall designate an ad hoc committee consisting of two of its members, one of which shall be the Mayor, to conduct the investigation. If the Mayor is the subject of the charges, the Mayor Pro Tem shall be appointed in lieu of the Mayor to serve on the ad hoc committee.
1. Independent Investigator. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee to conduct the investigation.
2. Process for Taking Statements . In the course of the investigation, the committee must determine the process by which statements are taken. A witness may choose to provide a signed declaration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration,
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54 the Council may issue a subpoena to compel the witness' testimony, consistent with its subpoena power granted under the Government Code.
3. Conclusion of Investigation . At the conclusion of the investigation, the results shall be presented in writing to the full Council. Based on the results and upon a majority vote of the Council, a censure hearing may be set in accordance with Subsection C, below.
4. Investigation Guidelines . The following guidelines apply to ad hoc committee investigations:
(a) The committee may be staffed by administrative and legal staff. (b) If authorized by City Council, the committee may subpoena witnesses and documents. (c) In making a determination to hold a censure hearing, the committee should determine if after taking all the facts and evidence into consideration, there are reasonable grounds to believe or not believe that the conduct, violation, or offense occurred.
(d) The committee shall issue a final report and recommendations to the City Council. The final report shall be made available to the public.
C. Censure Hearing. If a censure hearing is set, it must be set far enough in advance to give the Councilmember subject to the charges adequate time to prepare a defense. That member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The Councilmember subject to the charges may be represented and may have the representative speak or question on his or her behalf. The Mayor, or the Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.
D. Resolution of Censure. A decision to censure requires the adoption of a resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the affirmative vote of at least three (3) Councilmembers. In accordance with Government Code section 995, upon request of a Councilmember, the City may reimburse the Councilmember’s reasonable attorney fees and costs in defending himself/herself.
III. REMOVAL
A. Disruptive Conduct by Councilmember During Meeting.
1. In addition to the foregoing and as set forth in Section III.C of Chapter 5 of this Manual, the provisions of Government Code Section 36813 shall be applicable to the conduct of Councilmembers during Council meetings. Said Section provides:
The City Council may establish rules for the conduct of its proceedings. It may punish a Councilmember or other person for disorderly behavior at a meeting.
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55 2. In accordance with Section 36813 and Section III.C of Chapter 5 of this Manual, the punishment may include removal from the Council Meeting of the disruptive Councilmember upon a majority vote of the City Council. A motion for removal may be made by any Councilmember, including the Mayor, and is not debatable. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
IV. ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING OF MANUAL
Upon first entering office, upon election to any subsequent term, or whenever this City Council Policy and Procedures Manual is updated by City Council Resolution, every Councilmember shall sign a statement affirming that he/she has received, read, and understood the provisions set forth in this Manual and furthermore agrees to abide by them.
P:\APPS\WPDATA\VVCA\0002 CITY COUNCIL\COUNCIL POLICY MANUAL\DOC\020.2-22.02.04.DRAFTCOUNCIL POLICY MANUAL FR JAT 05.09.22 TLT NOTES CH 9 05.09.22 JAT REV.DOCX Attachment C
City Council Policy Manual Clean
City of Victorville
City Council Policy and Procedures Manual
Adopted by the Victorville City Council
by Resolution No. 17-056 on October 3, 2017
Revised by Resolution No. 18-074 on September 4, 2018
Revised by Resolution No. 19-057 on October 1, 2019
Revised by Resolution No. 20-055 on June 23, 2020
Revised by Resolution No. 21-021 on March 16, 2021
Revised by Resolution No. 22-015 on May 17, 2022
-i-
TABLE OF CONTE NTS
TABLE OF CONTENTS i
CHAPTER 1 ‐ INTRODUCTION AND PURPOSE 1
CHAPTER 2 ‐ ROLE OF CITY COUNCIL 2
CHAPTER 3 ‐ COUNCIL MEETINGS 11
CHAPTER 4 ‐ AGENDA 19
CHAPTER 5 ‐ MEETING RULES OF CONDUCT AND DECORUM 22
CHAPTER 6 ‐ ADMINISTRATIVE MATTERS 32
CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT 35
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 40
CHAPTER 9 ‐ COMMISSIONS, COMMITTEES AND BOARDS 48
CHAPTER 10 - ENFORCEMENT 52
Chapter 1
1 CHAPTER 1 ‐ INTRODU CTION AND PURPOSE
I. PURPOSE OF MANUAL
A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy and Procedures Manual (“Manual”), the City Council of the City of Victorville (the “City Council” or “Council”) hereby establishes updated Rules of Procedure for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior Council Policies, Resolutions, rules, and related administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.
B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Victorville ha s a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Victorville. While attempting not to b e overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day-to-day conduct and actions.
C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily -accessible document will clarify expectations and responsibil ities and will streamline the conduct of meetings and other City Council business in the public interest.
II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL
A. Effective Date. The Rules contained in this Manual shall be in effect immediately upon their adoption by City Council resolution, and shall remain in effect until such time as this Manual is amended and new Rules are adopted and/or updated by City Council resolution.
B. Biennial Review. This Manual will be reviewed at least biennially (once every two years) and be revised by City Council Resolution if and as needed.
Chapter 2
2 CHAPTER 2 ‐ ROLE OF CITY COUNCIL
I. OVERVIEW
A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the C ity Council acts as a body. No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem”) have additional ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal.
B. Establishment of City Policy . City Policy is established and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy-making authority beyond that of the other Councilmembers.
C. Decisions of Majority of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majorit y does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.
II. COUNCIL ELECTION AND GOVERNANCE
The City of Victorville is governed by a five -member City Council elected t o four-year terms on a staggered basis. Councilmembers are elected in the general election in November of even - numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. The newly -appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote.
The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.
1. The City Clerk opens nominations.
2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.
3. The City Clerk closes nominations.
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3 4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.
5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.
6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.
The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.
Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action p ursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. If such consensus is not gained after the second consecutive Counci l meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting.
III. ROLE AND DUTIES OF MAYOR
A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be delegated to the Mayor by majority vote of the City Council.
B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion
1. to pr eserve order at all Coun cil me etings by facilitating the effective conduct of business during meetings and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance;
2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;
3. to determine the order of business at meetings of the City Council; and
4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi -judicial proceedings. The Mayor or other Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council.
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4 C. External Communication of Policy. The Mayor is to faithfully communicate the position of the Council majority in matters of policy.
D. Seating Arrangement for City Council. The Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all meetings of the Council, in council chambers or elsewhere. The Mayor will, following each Council election of officers and at such other times as the Mayor deems it necessary, establish the seating arrangement of the Councilmembers. The Mayor Pro Tem will always be seated immediately next to the Mayor.
E. Signing Documents. The Mayor, whenever available, shall sign all ordinances, resolutions and other documents that have been a dopted and authorized by the City Council and require an official signature. However, the City Manager or another City official may sign certain documents when so authorized by Council action and/or the provisions of the Victorville Municipal Code .
F. Absence of Mayor. In the absence of the Mayor, the Mayor Pro Tem performs the duties of the Mayor, including acting as the Presiding Officer at meetings. When both the Mayor and the Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of th e Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.
G. New Councilmember Orientation. The Mayor will lead, with the assistance of the City Manager, new Councilmember orientations.
IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS
A. Annual Review of Residency
Government Code Section 36052(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Victorville and rules regarding residency are further discussed in Section 243 and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk annually, their residency or domicile within the City of Victorville.
B. Advance Preparation for Meetings.
1. Prior Review of Agenda Materials. Prior to attending Council and committee meetings, study sessions and/or workshops, Councilmembers shall read or otherwise familiarize themselves with each agenda and supporting documentation for the items thereon.
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5 2. Seek Prior Clarification of Agenda Materials. In respect for everyone’s time and to help ensure that individual Councilmembers may be equipped to make informed decisions, do his/her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he/she may have about the posted agenda items and agenda -package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Manager, City Att orney, City Clerk, or such Senior Management as the City Manager may designate (e.g., Assistant City Manager, Deputy City Manager, City Engineer, Public Information Officer, City Department Directors, or the Police Chief) as soon as possible after receipt of the agenda package and prior to the meeting to which the agenda package relates.
3. Avoid Unfair Surprise . Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to iss ues and questions that City staff would not normally anticipate or have researched for that particular meeting.
4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to e nsure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be absent for two or more consecutive regular council meetings, that Councilmember should seek the consent of the City Council to excus e such absence either prior to the absence, or immediately upon return, which consent shall require majority vote of the quorum.
C. Councilmember Appointments and Assignments . Following nominations by individual Councilmembers, the City Council confirms by a majority vote of the entire membership its appointments to City commissions, boards, and standing committees, as well as its appointments to the various boards, commissions, and committees of outside agencies on which Councilmembers serve as representatives of the City. The nomination process for such appointments shall follow the same nomination procedures as provided in Chapter 2, Section II of this Manual relating to the nomination of Mayor and Mayor Pro Tem. See Chapter 9 as to the roles and duties of such committee, commission, and board appointees, and additional rules relating to nominations and the filling of vacancies. Chapter 9 also provides rules relating to the creation and purposes of Ad Hoc subcommittees composed of less than a quorum of the City Council.
D. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of any ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position, the City shall initiate an application and in terview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates
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6 regarding the ap pointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. An ad hoc subcommittee of less than a quorum of the Council shall develop the process for appointment, which is subject to Council approval.
E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.
1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.
Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff.
Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.
2. Ex-Officio Roles. The City Council a lso serves as the Boards for the Victorville Water District (“VWD”), the Southern California Logistics Airport Joint Powers Authority (“SCLAA”), the Southern California Logistics Rail Authority ("SCLRA”), the Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council wh en acting in it its roles as the boards of the aforementioned entities.
F. Engaging in Legislative and Quasi -Judicial Decisions/Acts . Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial.
1. Legislative. These actions/decisions formulate rules to be applied to all future cases.
Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.
2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi -judicial proceedings affect individual properties or parties. Quasi -judicial proc eedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.
3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.
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7 G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09- 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09-059 shall be superseded in its entirety by the provisions of Section V, below.
I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important t o be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the story is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.
Councilmembers shall use the following procedures when handling concerns or complaints:
1. Receive - Listen to what the person has to say without preparing a response.
2. Repeat - Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to whom s/he has spoken about the matter prior to contacting a Council member.
3. Request - Ask what the person would like the Council member to do with the information and/or what is seen as a solution to the problem.
4. Review - Indicate that the information will be shared with the City Manager in order that the City Manager or his or her designee may be able to provide a response or additional information as may be necessary.
V. CODE OF ETHICS FOR COUNCILMEMBERS
A. Intent and Purpose. To assure public confidence in the integrity of local government and i ts effective and fair operation, this Code of Ethics provides a framework for day -to-day actions
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8 and decision-making by Councilmembers and represents a commitment to uphold a standard of integrity beyond that required by law. The citizens and businesses o f Victorville are entitled to a fair, ethical, and accountable local government that has earned the public’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following:
1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.
2. Public officials be independent, impartial, and fair in their judgment and actions.
3. Public office be used for the public good, not for personal gain.
4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
B. Principles and Standards. The principles and standards of ethical conduct for Victorville City Councilmembers are hereby established as set forth below.
1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Victorville and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Victorville City Council.
2. Comply with the Law . Councilmembers shall comply with the laws of the nation, the State of California, and the City of Victorville in the performance of their public duties.
These laws include, but are not limited to: the United States and California Constitutions, the Victorville City Charter, the Victorville Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open government, and City ordinances and policies.
3. Councilmember Conduct . The professional and personal conduct of Councilmembers must be above reproach and avoid the appearance of impropriety. While it is understood that Councilmembers enjoy First Amendment rights, they shall practice civility and decorum in discussions and debate, and refrain from abusive conduct, personal charge s, or verbal attacks upon the character or motives of other members of the Council, boards, commissions, staff, or the public that is intended to disrupt and not further the City's business.
4. Respect for Process. Councilmembers shall perform their duti es in accordance with the processes and rules of order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff.
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9 5. Decisions Based on Merit. Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
6. Conflict of Interest. In order to assure their independence and impartiality in the City’s best interest, Councilmembers shall not use their official positions to influence decisions in which they have a conflict of interest.
7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official.
8. Use of Title. Councilmembers may use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise.
Individual Councilmembers must be careful not to: 1) exceed or appear to exceed his/her authority, 2) use his/her position to influence others unduly or, 3) use his/her title to improperly gain leverage or preferential treatment.
9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.
10. Use of Public Resources . Councilmembers shall not use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.
11. Advocacy. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Councilmembers shall explicitly state they do not represent the opinion of the entire Council.
12. Positive Workplace Environment. Councilmembers shall support the maintenance of a positive and constructive workplace environment for their employees, City employees, private citizens, and busine sses dealing with the City. Councilmembers shall recognize their role in individual dealings with City employees. Councilmembers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who ar e acting within the scope of their employment have been infringed upon or violated by Councilmembers.
13. Policy Role of Councilmembers . Councilmembers shall respect and adhere to the Council-Manager structure of Victorville City government. In this struct ure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the profe ssional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
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10 14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government.
Although this Code of Ethics and Conduct is intended to “be self -enforcing” and will be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentional ly and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal censure as set forth in Chapter 10 of this Manual.
C. Norms and Protocols. The following norms were agreed to by each individual Councilmember present during the Governance Workshops of February 2020 and February 2021.
1) We conduct ourselves in a
professional manner.
2) We respect open government.
3) We value civil, intelligent public
discourse.
4) We seek to be efficient in our
meetings.
5) We treat all members of the
public with respect.
6) We understand our role in
contributing to a positive
workplace environment.
7) We respect the Council -
Manager form of government,
and Councilmembers do not
interfere with the role of the
City Manager or any
professional duties of City staff.
8) We keep confidential matters
confidential.
9) We know that a good working
relationship between Councilmembers
and with staff fosters good goal setting,
policy making and service delivery.
10) We understand that the Council acts as a
body, all members are equal, and policy
direction is only given by a majority vote
of the Council.
11) We understand that staff is obligated to
implement decisions made by the
Council, even if one of us doesn’t agree
with the Council’s decision.
12) We are prepared for Council meetings
and ask our questions of staff in advance
so we can avoid surprising staff at the
meetings. We know this is good
teamwork.
13) We act with high integrity in all matters
and follow our code of ethics.
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11 CHAPTER 3 ‐ COUNCIL MEETI NGS
I. REG ULA R MEET INGS
A. Time and Place . As set forth in Section 2.20.040 of the Victorville Municipal Code, regular meetings of the City Council are held the first and third Tuesdays of each month at 5:00 p.m. (Closed Session) and 6:00 p.m. (Regular Session) in the City Council Chambers locat ed at 14343 Civic Drive, Victorville, California. City Hall will be open and accessible to Councilmembers during regular City business hours and at such times as regular and special meetings of the City Council are being held. Regular City business hours are: Monday through Thursday 7:30 a.m. to 5:30 p.m. and Friday 7:30 a.m. to 4:30 p.m.
B. Compliance with Ralph M. Brown Act . To ensure that the deliberations and actions of the City Council are conducted openly and to ensure meaningful public participation, all meetings of the of the City Council shall be held in compliance with the provisions of the Ralph M.
Brown Act, Government Code Section 54950 et seq. (the “Brown Act”).
II. SPECIAL MEETINGS AND EMERGE NCY MEE TINGS
A. How Called and Held. Special meetings and emergency meetings of the City Council may be called by the Mayor or majority of the City Council and held from time to time consistent with and pursuant to the procedures set forth in the Brown Act. Any special meeting called pursuant to this section shall not be scheduled unless a majority of the City Council has confirmed their availability.
B. Accommodate the Public. To be respectful of the public, unfinished business in any special meeting held immediately prior to a regularly-scheduled meeting should be suspended until the regular meeting is adjourned.
III. CONSIDERATION OF NEW BUSINESS/CANCELLATION OF MEETINGS
A. Consideration of New Business. No new item of Council business as posted in the Written Communications portion of the meeting agenda (See Sections V.B and VI.F of this Chapter) shall be considered after 10:00 p.m. unless approved by a majority vote by the Council. New business not taken up by the Council shall be carried over to the next regular City Council meeting, or the meeting may be adjourned to a date specific at Council’s direction.
B. Cancellation of Meetings. Any regular or special meeting of the Council may be cancel led in advance by a majority vote of the Council during a prior meeting of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have advised the City Clerk of their unavailability to attend a meeting. The City Manager may cancel a meeting when he/she determines there is no business to be conducted at the meeting.