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HomeMy WebLinkAboutP-17-173-O Amend 5 Dell MktgPrint .pdf DocuSign Envelope ID:3299F8E0-2A57-4746-A209-8989619C2878 STATE OF MINNESOTA DEPARTMENT OF Office of State Procurement N AS P O ADMINISTRATION 112 Administration Building STATE PROCUREMENT 50 Sherburne Avenue ValuePoint St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 May 12, 2022 Renee Brand Dell Marketing L.P. One Dell Way Mailstop RR1-33 Legal Round Rock,TX 78682 Dear Ms. Brand: Amendment No.4 to NASPO Master Agreement No. MNWNC-108 is enclosed for you to complete and return. Using the DocuSign process, please have the attached document(s) signed and routed for the State's execution by May 20, 2022. If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company. If you have any questions, please feel free to contact me. Sincerely, Andy Doran IT Acquisitions Supervisor Enclosure(s) cc: Cyndi Radel Greg Garritty Mike Hendrix Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 DocuSign Envelope ID:3299F8E0-2A57-4746-A209-8989619C2878 AMENDMENT NO.4 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration ("State"), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock,TX 78682 ("Contractor" or "Contract Vendor'). WHEREAS,the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 15, 2015, through July 31, 2022 ("Contract"), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03,subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16,the authority to amend contracts; and WHEREAS,the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract. NOW,THEREFORE, it is agreed by the parties to amend the Contract as follows: 1. That NASPO Master Agreement No. MNWNC-108 is extended through February 28, 2023, at the same prices,terms, and conditions. This Amendment is effective beginning August 1, 2022, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended,the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF,the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. Dell Marketing L.P. 2. Office of State Procurement The Contractor certifies that the appropriate person(s) have In accordance with Minn.Stat. § 16C.03, subd.3. executed this Amendment on behalf of the Contractor as DocuSigned by: required by applicable articles, bylaws, resolutions,or By: h, KoJA ordinances. 742DE739c8ED492... DocuSigned by: By: Title: Acquisition Management Specialist Si 3 EA126F4265402... 5/26/2022 Alyssa Sayles Date: Printed Name Title: Contract Administrator 5/26/2022 3. Commissioner of Administration Date: Or delegated representative. DocuSigned by: By: By: p Donna. Signature 68D02A26D7604BA... Date: 5/26/2022 Printed Name Title: Date: Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No.4 to NASPO Master Agreement MNWNC-108 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 ;I 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 (GSPD4011T), revised and effective 09/5/14, 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: i 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 i 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. 1 Page 3 of 6 1 Participating Addendum No.7-15-70-34-003 DO 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 Td 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: 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 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�gli.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(d)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 I 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 I Ali c Participating Addendum No.7-15-70-34-003 Dell Marketing, L.P. Participating State: Contractor: STATE OF CALIFORNIA DELL MARKETING, L.P. By: ( ks✓ By: Name: Jim Butler Name: Title: Deputy Director Title: � 1 ac �a n(XG e,� Date: 16 1 I Date: kid S 1 , 1 I Page 6 of 6'