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HomeMy WebLinkAboutReso 80-20 Authorizing the Purchase of Computers and Related Equipment from Dell Marketing,Reso No. 80-20, Item 4.6, Adopted 08/18/20 Page 1 of 1 RESOLUTION NO. 80 - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AUTHORIZING THE PURCHASE OF COMPUTERS AND RELATED EQUIPMENT FROM DELL MARKETING, L.P. WHEREAS, the City requires the use of desktop computers and related equipment for City operations and routinely replaces computers and related equipment that has reached the end of its useful life; and WHEREAS, Staff desires to purchase computer equipment from Dell Marketing, L.P. that will likely exceed $45,000 in the current year; and WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and WHEREAS, Dell Marketing, L.P. has a valid pricing agreement publicly bid by NASPO ValuePoint, which meets this Municipal Code provision for a publicly bid agreement, contract # MNWNC-108, and the contract is valid through July 31,2021, attached hereto as Exhibit A to this Resolution; and WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council approval of equipment with a cost greater than or equal to forty-five thousand dollars ($45,000). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to procure computer and related equipment in excess of $45,000 from Dell Marketing, L.P., subject to available budget appropriation , under a purchasing agreement publicly bid by NASPO ValuePoint through the term of the contract. PASSED, APPROVED AND ADOPTED this 18th day of August 2020, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES: ABSENT: ABSTAIN: _________________________________ Mayor ATTEST: ___________________________________ City Clerk DocuSign Envelope ID: 094ABFA0-5442-423E-AAA5-CBA04F042E9C PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Purchasing Program COMPUTER EQUIPMENT MASTER AGREEMENT Minnesota Master Agreement No.: MNWNC-108 California Participating Addendum No. 7-15-70-34-003 DELL MARKETING, L.P. (Contractor) This Participating Addendum Number 7-15-70-34-003 is entered into between the State of California, Department of General Services (hereafter referred to as "State" or "DGS") and Dell Marketing, L.P. (hereafter referred to as "Contractor") under the NASPO ValuePoint Cooperative Purchasing Program Master Agreement Number MNWNC-108 ("Master Agreement") executed by the State of Minnesota. 1. Scope A. This Participating Addendum covers the purchase of Computer Equipment under the Master Agreement for the following product bands: Band 1 — Desktop Band 2 — Laptop Band 3 — Tablet Band 4 — Server Band 5 — Storage B. This Participating Addendum is available for use by California political subdivisions/local governments (hereafter referred to as "Purchasing Entities"). A political subdivision/local government is defined as any city, county, city and county, district, or other local governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds. C. Political subdivision/local government use of this Participating Addendum is optional. Each political subdivision/local government is to make its own determination whether this Participating Addendum and the Minnesota Master Agreement are consistent with its procurement policies and regulations. D. Participating Entities may enter into lease agreements for the products covered in the Master Agreement, if they have the legal authority to enter into these types of agreements. 2. Term A. The term of this Participating Addendum shall begin upon signature approval by the State and will end March 31, 2017, or upon termination by the State, whichever occurs first. B. Lead State amendments to extend the Master Agreement term date are automatically incorporated into this Participating Addendum unless terminated early in accordance with the terms and conditions of the Master Agreement or this Participating Addendum. Page 1 of 6 Participating Addendum No. 7-15-70-34-003 Dell Marketing, L.P. 3. Order of Precedence In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply: A. California Participating Addendum 7-15-70-34-003 B. Minnesota WSCA-NASPO Master Agreement MNWNC-108 4. Terms and Conditions The California General Provisions - Information Technology (GSPD401IT), revised and effective 09/5114, is hereby incorporated by reference and made a part of this Participating Addendum. The 12 page document is available at: http://www.documents.dgs.ca.gov/pd/poliproc/GSPD401 IT14_0905.pdf. 5. Price List Contractor shall maintain a website dedicated to this Participating Addendum which contains the Product and Service Schedule (PSS) and designated base line price list for participating entities to verify product/service pricing and applicable discounts offered under the Master Agreement. 6. Partner Utilization A. Contractor may use Partners under this Participating Addendum for sales and service functions as defined herein. Each Purchasing Entity will determine whether use of Partners is consistent with its procurement policies and regulations. B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Partners. C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements. D. Partners are classified as follows: 1) "Authorized Reseller" a. Authorized Resellers may provide quotes, accept purchase orders, fulfill purchase orders, perform maintenance/warranty services and accept payment from ordering agencies for products and associated services offered under this Participating Addendum. b. Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements. c. All purchase documents to Authorized Resellers shall reference the Participating Addendum Number. d. If applicable, Authorized Reseller(s) under this Participating Addendum will be listed on the Contractor's dedicated website. Page 2 of 6 Participating Addendum No. 7-15-70-34-003 Dell Marketing, L.P. 2) "Agent" a. Agents are only authorized to provide quotes, sales assistance, configuration guidance and ordering support for products and associated services offered under this Participating Addendum. b. Agents are not authorized to accept orders or payments. c. If applicable, Agent(s) under this Participating Addendum will be listed on the Contractor's dedicated website. 7. Invoicing The Participating Addendum Number and Ordering Agency Purchase Order Number shall appear on each purchase order and invoice for all purchases placed under this Participating Addendum. 8. Usage Reporting A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the WSCA-NASPO Detailed Sales report template. B. The report is due even when there is no activity. C. The report shall be an Excel spreadsheet transmitted electronically to the DGS mailbox at PDWSCA@dgs.ca.gov. D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State. E. Tax must not be included in the report, even if it is on the purchase order. F. Reports are due for each quarter as follows: Reporting Period Due Date JUL 1 to SEP 30 OCT 31 OCT 1 to DEC 31 JAN 31 JAN 1 to MAR 31 APR 30 APR 1 to JUN 30 JUL 31 G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract. Page 3 of 6 Participating Addendum No. 7-15-70-34-003 Dell Marketing, L.P. 9. Administrative Fee A. Contractor shall submit a check, payable to the State of California, remitted to the Department of General Services, Procurement Division for the calculated amount equal to one percent (0.01) of the sales for the quarterly period. B. Contractor must include the Participating Addendum Number on the check. Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information. C. Administrative fee checks shall be submitted to: State of California Department of General Services, Procurement Division Attention: Multiple Awards Program 707 3`d Street, 2"d Floor, MS 2-202 West Sacramento, CA 95605 D. The administrative fee shall not be included as an adjustment to Contractor's Master Agreement pricing. E. The administrative fee shall not be invoiced or charged to the ordering agency. F. Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a Purchasing Entity. G. Administrative fee checks are due for each quarter as follows: ReportingPeriod Due Date JUL 1 to SEP 30 OCT 31 OCT 1 to DEC 31 JAN 31 JAN 1 to MAR 31 APR 30 APR 1 to JUN 30 JUL 31 H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract. 10. Contract Management A. The primary contact individuals this Participating Addendum shall be as follows: Contractor Name: Amanda Hudson Phone: (512) 723-6806 Fax: (512) 283-2691 E-Mail: Amanda Hudson@D� gll.com Address: One Dell Way, Mailstop RR1-33 Legal Round Rock, Texas 78682 Page 4 of 6 r Participating Addendum No. 7-15-70-34-003 Dell Marketing, L.P. State Contract Administrator Name: Julie Matthews Phone: (916) 375-4612 Fax: (916) 375-4663 E-Mail: Julie. Matthews(&dgs.ca.gov Address: Department of General Services Procurement Division 707 Third Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605 B. Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change. 11. Termination of Agreement The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, nondisrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective. 12. Agreement A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms. B. By signing below Contractor agrees to offer the same products/and or services as on the Master Agreement, at prices equal to or lower than the prices on that contract. C. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below. Page 5 of 6 Participating State: STATE OF CALIFORNIA Participating Addendum No. 7-15-70-34-003 Dell Marketing, L.P. Contractor: DELL M By: Name: ( C K�✓ ,� Jim Butler By: Name: Title: Deputy Director Title: Date: 0 ! 1 h Date: Page 6 of 6 9NOIs PARTICIPATING ADDENDUM AMENDMENT NASPO VALUEPOINT COMPUTER EQUIPMENT California Participating Addendum No. 7-15-70-34-003 Amendment No. 2 DELL MARKETING L.P. (Contractor) This Amendment 2 ("Amendment') for Participating Addendum Number 7-15-70-34-003 (`Participating Addendum") is entered into between the State of California, Department of General Services ("State") and Dell Marketing, L.P. ("Contractor"). The parties hereto mutually agree to amend the Participating Addendum as follows: 1. The Contractor primary contact specified in Participating Addendum Section 10 (Contract Management) is revised to the following: Qell 11(t�rt!C�t�n� Name: L P �C�raetor) ;;v Sadie Robbins Phone: (512) 723-6961 Fax: (512) 283-9092 E-Mail: Sadie Robbinsj@Dellteam.com Address: One Dell Way, Mailstop RR1-33 Legal Round Rock, Texas 78682 All other terms and conditions remain the same. IN WITNESS WHEREOF, the parties have executed this Participating Addendum Amendment as of the date of execution by both parties below. Participating State: STATE OF CALIFORNIA By: ^Name: Jim Butler Title: Deputy Director Date: ( �b Contractor: DELL MARKETI G, L.P By: C Li' Name: 1-�1 t 4 M Title: � ,W(.c--h fWA✓ CKs ,O— Date: I k 1 I 1 �p Page 1 of 1 PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Purchasing Program COMPUTER EQUIPMENT MASTER AGREEMENT Minnesota Master Agreement No.: MNWNC-108 California Participating Addendum No. 7-15-70-34-003 DELL MARKETING, L.P. (Contractor) This Participating Addendum Number 7-15-70-34-003 is entered into between the State of California, Department of General Services (hereafter referred to as "State" or "DGS") and Dell Marketing, L.P. (hereafter referred to as "Contractor") under the NASPO ValuePoint Cooperative Purchasing Program Master Agreement Number MNWNC-108 ("Master Agreement") executed by the State of Minnesota. 1. Scope A. This Participating Addendum covers the purchase of Computer Equipment under the Master Agreement for the following product bands: Band 1 — Desktop Band 2 — Laptop Band 3 — Tablet Band 4 — Server Band 5 — Storage B. This Participating Addendum is available for use by California political subdivisions/local governments (hereafter referred to as "Purchasing Entities"). A political subdivision/local government is defined as any city, county, city and county, district, or other local governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds. C. Political subdivision/local government use of this Participating Addendum is optional. Each political subdivision/local government is to make its own determination whether this Participating Addendum and the Minnesota Master Agreement are consistent with its procurement policies and regulations. D. Participating Entities may enter into lease agreements for the products covered in the Master Agreement, if they have the legal authority to enter into these types of agreements. 2. Term A. The term of this Participating Addendum shall begin upon signature approval by the State and will end March 31, 2017, or upon termination by the State, whichever occurs first. B. Lead State amendments to extend the Master Agreement term date are automatically incorporated into this Participating Addendum unless terminated early in accordance with the terms and conditions of the Master Agreement or this Participating Addendum. Page 1 of 6 Participating Addendum No. 7-15-70-34-003 Dell Marketing, L.P. 3. Order of Precedence In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply: A. California Participating Addendum 7-15-70-34-003 B. Minnesota WSCA-NASPO Master Agreement MNWNC-108 4. Terms and Conditions The California General Provisions - Information Technology (GSPD401IT), revised and effective 09/5114, is hereby incorporated by reference and made a part of this Participating Addendum. The 12 page document is available at: http://www.documents.dgs.ca.gov/pd/poliproc/GSPD401 IT14_0905.pdf. 5. Price List Contractor shall maintain a website dedicated to this Participating Addendum which contains the Product and Service Schedule (PSS) and designated base line price list for participating entities to verify product/service pricing and applicable discounts offered under the Master Agreement. 6. Partner Utilization A. Contractor may use Partners under this Participating Addendum for sales and service functions as defined herein. Each Purchasing Entity will determine whether use of Partners is consistent with its procurement policies and regulations. B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Partners. C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements. D. Partners are classified as follows: 1) "Authorized Reseller" a. Authorized Resellers may provide quotes, accept purchase orders, fulfill purchase orders, perform maintenance/warranty services and accept payment from ordering agencies for products and associated services offered under this Participating Addendum. b. Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements. c. All purchase documents to Authorized Resellers shall reference the Participating Addendum Number. d. If applicable, Authorized Reseller(s) under this Participating Addendum will be listed on the Contractor's dedicated website. Page 2 of 6 Participating Addendum No. 7-15-70-34-003 Dell Marketing, L.P. 2) "Agent" a. Agents are only authorized to provide quotes, sales assistance, configuration guidance and ordering support for products and associated services offered under this Participating Addendum. b. Agents are not authorized to accept orders or payments. c. If applicable, Agent(s) under this Participating Addendum will be listed on the Contractor's dedicated website. 7. Invoicing The Participating Addendum Number and Ordering Agency Purchase Order Number shall appear on each purchase order and invoice for all purchases placed under this Participating Addendum. 8. Usage Reporting A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the WSCA-NASPO Detailed Sales report template. B. The report is due even when there is no activity. C. The report shall be an Excel spreadsheet transmitted electronically to the DGS mailbox at PDWSCA@dgs.ca.gov. D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State. E. Tax must not be included in the report, even if it is on the purchase order. F. Reports are due for each quarter as follows: Reporting Period Due Date JUL 1 to SEP 30 OCT 31 OCT 1 to DEC 31 JAN 31 JAN 1 to MAR 31 APR 30 APR 1 to JUN 30 JUL 31 G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract. Page 3 of 6 Participating Addendum No. 7-15-70-34-003 Dell Marketing, L.P. 9. Administrative Fee A. Contractor shall submit a check, payable to the State of California, remitted to the Department of General Services, Procurement Division for the calculated amount equal to one percent (0.01) of the sales for the quarterly period. B. Contractor must include the Participating Addendum Number on the check. Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information. C. Administrative fee checks shall be submitted to: State of California Department of General Services, Procurement Division Attention: Multiple Awards Program 707 3`d Street, 2"d Floor, MS 2-202 West Sacramento, CA 95605 D. The administrative fee shall not be included as an adjustment to Contractor's Master Agreement pricing. E. The administrative fee shall not be invoiced or charged to the ordering agency. F. Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a Purchasing Entity. G. Administrative fee checks are due for each quarter as follows: ReportingPeriod Due Date JUL 1 to SEP 30 OCT 31 OCT 1 to DEC 31 JAN 31 JAN 1 to MAR 31 APR 30 APR 1 to JUN 30 JUL 31 H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract. 10. Contract Management A. The primary contact individuals this Participating Addendum shall be as follows: Contractor Name: Amanda Hudson Phone: (512) 723-6806 Fax: (512) 283-2691 E-Mail: Amanda Hudson@D� gll.com Address: One Dell Way, Mailstop RR1-33 Legal Round Rock, Texas 78682 Page 4 of 6 r Participating Addendum No. 7-15-70-34-003 Dell Marketing, L.P. State Contract Administrator Name: Julie Matthews Phone: (916) 375-4612 Fax: (916) 375-4663 E-Mail: Julie. Matthews(&dgs.ca.gov Address: Department of General Services Procurement Division 707 Third Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605 B. Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change. 11. Termination of Agreement The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, nondisrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective. 12. Agreement A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms. B. By signing below Contractor agrees to offer the same products/and or services as on the Master Agreement, at prices equal to or lower than the prices on that contract. C. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below. Page 5 of 6 Participating State: STATE OF CALIFORNIA Participating Addendum No. 7-15-70-34-003 Dell Marketing, L.P. Contractor: DELL M By: Name: ( C K�✓ ,� Jim Butler By: Name: Title: Deputy Director Title: Date: 0 ! 1 h Date: Page 6 of 6 9NOIs AMENDMENT NO: 2 TQ CONTRAGT Iu1NWNG-11l8; NQW, Tk1EREPORE, t7 agreod by the partte to amend the Ggntraht.as t liuws:" I. That C,a rtract No ;fv1NVVNC=1�i8 is extended thratgh Jgty 34.; 2621, at the -same teens, conditions, and prices CONTRACT Na 'MNWNG-106 MAST F3,`{��REEMEN7`A\NARD 6C}MPUTtKE461PMENT DELL Mp(7KE7W61.,P;