HomeMy WebLinkAbout21- Police ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Keith L.Kilmer, Chief of Police Subject: Resolution of the City of San
Bernardino authorizing the purchase of a
Dept: Police Department Police Facility Digital Surveillance System
Server from Dell Computers, Inc., of Round
Date: January7, 2010 Rock,Texas.
M/CC DATE: February 1, 2010
Synopsis of Previous Council Action
None.
Recommended Motion:
1. Adopt Resolution.
KEITH L.KILMER, CHIEF OF POLICE
Contact person: Public Safety Systems Mgr Michael Eckley Phone: 384-5947
Supporting data attached: Yes Staff Report/Resolution Ward: 1
FUNDING REQUIREMENTS: Amount: $93,764.49
Source: Computer Equipment 123-742-5702
COPS 2008 Technology Grant
� Finance
Council Notes:
650 C4 0-.p /
Agenda Item No. 2-1
2-1- ZolU
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject
Resolution of the City of San Bernardino authorizing the purchase of a Police Facility Digital
Surveillance Camera System Server from Dell Computers, Inc., of Round Rock, Texas.
Background
Early in 2008, the San Bernardino Police Department used COPS Technology Grant funding to
proceed forward with the first phase of a three phase project to upgrade the surveillance camera
system that provides security monitoring for the Department's central headquarters facility. The
first phase converted analog black-and-white cameras in the jail facility to digital color cameras
(and provided a few upgrades to key cameras on the perimeter of the facility). A simple viewing
station was installed in the Watch Commander's office to allow for monitoring.
The 2008 COPS Technology Grant provides additional funding for the long term storage of
surveillance camera imagery. Such footage may prove critical in a criminal attack on the facility
and may help the City investigate complaints or civil liability claims arising from incidents in
and around our City Jail facility. The long term storage of imagery requires the purchase of a
server array and a mass storage array. This Request for Council Action seeks permission to
move forward with the purchase of the server array which must be installed before a mass
storage array can be selected and installed.
Law enforcement agencies across the country have begun to recognize the efficiencies associated
with using digital photography for many different types of law enforcement use. Digital
surveillance camera systems provide a variety of user features that enhance the overall security
operations associated with the protection of the headquarters facility and our City Jail.
The final phase of the project, which has also been approved and funded by the US DOJ COPS
Technology Grant process will go out to public bid during the first quarter of 2010. The final
phase purchase and the purchase of the mass storage array will be presented to the City Council
during the first half of 2010.
The City's Information Technology Department sought quotes for virtual server arrays from Dell
i Computers, Inc. and Hewlett Packard, Inc. for this large server. Both vendors were within
$5,000.00 of each other. However, two specific issues suggest that we move forward with a
purchase from Dell Computers, Inc. even though they are higher priced (by slightly less than
$5,000.00).
First, the Dell Computers, Inc. solution matches the new virtual server array purchased by the
San Bernardino City Water Department. The Water Department's server array is managed by
the City Information Technology Department. IT staff have already received training associated
with the Dell Computers, Inc. solution, thus, saving the City time and the expense associated
with training on another vendor's solution. Second, the Dell Computers, Inc. solution provides
the resources to connect to much larger mass storage devices than the Hewlett Packard solution.
Combined, these two issues provide the City with a server array that will be standardized with
existing City technology and with room for expansion that will save money as the server array
grows over the next five years.
Dell Computers, Inc. is offering us a discounted price that is under their standard GSA pricing
schedule in accordance with their Western States Computer Alliance (WSCA) government
pricing schedule. This is a substantial cost benefit to the City. Based on the performance issues
listed in this report and this discounted pricing formula, it is recommended pursuant to San
Bernardino Municipal Code 3.04.010(b)(3), that the Mayor and Common Council approve a
selected source justification for the purchase of a Police Facility Digital Surveillance Camera
System Server from Dell Computers, Inc., of Round Rock, Texas.
There is no Vendor Service Agreement with this purchase because there are no services being
provided by the vendor. These items are "drop ship" items that will be installed by the City IT
Department.
Financial Impact
A total of$93,764.49 from the 2008 US DOJ COPS Technology Grant was approved by the US
Department of Justice for this technology purchase. This purchase does not use General Fund
dollars.
Recommendation
Adopt Resolution.
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: Charles McNeely, City Manager
From: Michael Eckley, Public Safety IT Manager
Subject: Purchase pursuant to Municipal Code Section 3. 04 . 010 (B) (3)
Date: December 15, 2009
Copies: Keith L. Kilmer, Chief of Police
Theodis Henson, Captain - Admin Svc Div Commander
Michael Brooks, Director of Information Technology
The San Bernardino Police Department operates a facility-wide
surveillance camera system at the central headquarters. The original
system was installed when the building was built in 1995. The
original system uses closed circuit television technology where
cameras are connected by coaxial cable. It uses black-and-white
cameras with limited visibility. The system provides viewpoints
around the perimeter of the station grounds, viewpoints inside the
City Jail, and a limited number of internal viewpoints within the
station.
In 2008, the City Jail portion of the system was upgraded with 2005
COPS Technology Grant funds. This upgrade included color digital
network based cameras and management/viewing software.
The second phase of the system upgrade will be funded by 2007 COPS
Technology Grant funds. It will be competitively bid in January 2010.
The winning vendor proposal will be presented to the City Council for
approval in March/April 2010.
To prepare for this upcoming second phase, the system must be moved to
its own server. The server has been approved and funded by the US DOJ
as part of our 2008 COPS Technology Grant. The server must be
purchased and installed in advance of the second phase of the project
in order to support the actual Phase II upgrade.
The Police Department and the Information Technology Department have
researched mission critical server products. In accordance with
Department Director Letter (DDL) 82, the following information is
presented as justificAtion for permission to proceed with the purchase
of a Dell Computers Inc server array for this project pursuant to SSMC
Section 3. 04 .010 (B) (3) :
1 . Vendor
The Water Department and the Information Technology Department have
teamed together to form the City' s first mission critical virtual
server array to service the key Water Department systems. This
server array was purchased from Dell Computers Inc. IT staff
analysts have received core training in the management of this new
virtual server technology on the Dell platform. The IT
Department' s Business Systems Group is preparing to establish a
similar virtual server array at City Hall using this exact same
platform (Dell Computers) .
It is only reasonable that the IT Department' s Public Safety Group
follow forward with the existing mission critical server array
structure. Staff across the IT Department will be trained and
experienced in managing the same suite of hardware and software.
It is requested, that the Police Department and the IT Department be
allowed to standardize this new public safety virtual server array
on the same platform being used by the Water Department and the
City' s Business System' s Group at City Hall.
2. Bid Process
The formal bid process was not used because the Police Department
wishes to establish its first virtual server array using the mission
critical server platform that is already in place at the IT
Department' s City Hall server facility. The decision to
standardize on the existing product focused on the success if the
Water Department' s initial deployment and the IT Department' s plans
to expand that platform at our City Hall complex. Dell Computers
Inc products can only be purchased from Dell Computers .
3. Cost Reductions
Because City IT Department analysts are already trained and are
already using the Dell Computers solution, the IT Department' s
Public Safety System' s Group does not need to pay for formal
training outside of the IT Department.
Having standardized on a single platform, the IT Department will be
able to move forward with virtual server array expansions that over
time will greatly reduce the cost of server hardware needed for new
automation projects.
This standardization and virtualization of our server assets falls
into line with suggestions for future planning that the Chief
Information Officer of the City of Reno, Nevada (Mr. Rick
Vandenberg) shared with us during his recent site visit.
It is requested that this upgrade purchase package be purchased
pursuant to San Bernardino Municipal Code Section 3.04 . 010 (B) (3) .
App oved by:",>A oil
h rles McNe;lTCW Manager
I RESOLUTION NO. COPY
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 PURCHASE OF A POLICE FACILITY DIGITAL SURVEILLANCE CAMERA
SYSTEM SERVER FROM DELL COMPUTERS INC,OF ROUND ROCK,TEXAS.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
7 SECTION 1. After a review of products, pricing, and existing infrastructure, Dell
g Computers Inc, of Round Rock, Texas, is the recommended provider for the purchase of a
9 Police Facility Digital Surveillance Camera System server to be used by the San Bernardino
10 Police Department as set forth on Dell Quotation #520721404, attached hereto and
11 incorporated herein as Exhibit "A."
12
SECTION 2. This purchase is exempt from the formal contract procedures of Section
13
14 3.04.010 of the Municipal Code, pursuant to Section 3.04.010(B)(3) of said Code, "Purchases
15 approved by the Mayor and Common Council".
16 SECTION 3. That the Mayor and Common Council authorize the purchasing
17 manager to issue a Purchase Order to Dell Computers Inc, of Round Rock Texas, for the
18 purchase of a computer server to upgrade the Police Department's Digital Surveillance Camera
19
System, used that the central headquarters facility as outlined in Dell Computers Inc's quote
20
21 number 520721404, dated December 15, 2009,in an amount not to exceed $93,764.49." The
22 Purchase Order shall read"San Bernardino Digital Surveillance Camera Server".
23 SECTION 4. The authorization to issue the purchase order referenced in Section 2 of
24 this resolution is rescinded if the purchase order is not issued within thirty (45) days of the
25 passage of this resolution.
26
27
28
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
PURCHASE OF A POLICE FACILITY DIGITAL SURVEILLANCE CAMERA
`w- 2 SYSTEM SERVER FROM DELL COMPUTERS INC, OF ROUND ROCK, TEXAS.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a meeting thereof, held
6 on the day of , 2010,by the following vote,to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9
10 BAXTER
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17 Rachel G. Clark, City Clerk
18 The foregoing resolution is hereby approved this day of . 2010.
19
20
Patrick J. Morris, Mayor
21 City of San Bernardino
Approved as to
22 Form:
23
24
ES F. PENMAN,
25 ty Attorney
26
Q 27
28
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DELL QUOTATION
Entered into Rec, at MCMD10 Mtg: I/lD QUOTE #: 520721404
by, Customer #: 7793861
AgendaJ*i ho, ;z, I Contract #: WN99ABZ
by: (2 uCsmerAgreement #: WSCA- B27160
City CietrX DG Secteiary Quote Date: 12/15/09
City 81 dH OCIIIUIUIIIV.21 AM Customer Name: CITY OF SAN BERNARDINO
TOTAL QUOTE AMOUNT: $93,764.49
Product Subtotal: $89,206.10
Tax: $4,558.39
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 6
GROUP: 1 QUANTITY: 2 SYSTEM PRICE: $10,281.61 GROUP TOTAL: $20,563.22
Base Unit: R8052x Quad Core AMD Opteron 2382 75W,2.6GHz,1Ghz HyperTransport(224-3055)
Memory: 32GB Memory,8x4GB,667Mhz Dual Ranked DIMMs(311.6432)
Video Card: TOE and(SCSI Offload features included with onboardNIC ports(311.8713)
Hard Drive: HD Multi-Select(341-4158)
Operating System: Windom Server 2008,Standard x64,Inel Hyper-V,Ine15 CALs(420-8364)
Mouse: Vizioncore vEssentials(vRangerPro,vFoglightPro vReplicator)90-day evaluation(330-4185)
Mouse: VMware v4.0,ENT PLUS,2 CPU-3 Yr Support and Upgrade Subscription Only(421.1056)
Mouse: VMware v4.0,ENT PLUS,2 CPU,License Only,3Yr,NFI(421-1057)
NIC: Intel PRO 1000 VT Quad Port(430-2687)
CD-ROM or DVD-ROM Drive: DVD+I.RW,SATA INTERNAL(313.9091)
CD-ROM or DVD-ROM Drive: SATACable,Optical Drive,R805(330-0211)
Sound Card: PowerEdge R805 Active Bezel(313-5887)
Documentation Diskette: PowerEdge R805 Printed Docurrentation(310-9976)
Documentation Diskette: Dell Management Console(330.5280)
Feature Internal PERC RAID Controller,2 Hard Drives in RAID 1 config(341-5840)
Feature Universal Sliding RapidNersa Rails,includes Cable Management Arm(310-7412)
Service: Mission Critical Package:4-Hour 7x24 On-Site Service with Emergency Dispatch,4 Year Extended
(981-fi034)
Service:
ProSupport for IT:7x24 HW I SW Tech Support and Assistance for Certified IT Staff,5 Year
(981-6224)
Service: Mission Critical Package:4-Hour 7x24 On-Site Service with Emergency Dispatch,Initial Year
(985-0530)
Service: Dell Limited Hardware Warranty Plus On She Service Extended Year(989.0858)
Service: Dell Limited Hardware Warranty Plus On Site Service Initial Year(989-0877)
Service: MISSION CRITICAL PACKAGE:Enhanced Services,5 Year(989-0937)
Service: Thank you choosing Dell ProSupport.For tech support,visit ht1pJ/support.deILcoMProSupport or
call 1.800-945-33(989-3439)
Installation: On-Site Installation Declined(900-9997)
Misc. Power Cord,C13 to C14,PDU Style,12 Amps,2 meter,Oty 1(330.3151)
Misc: Power Cord,C13 to C14,PDU Style,12 Amps,2 meter,Qty 1(330.3151)
Misc: 4x Broadcom Netxtrerne 115708 IGIbE Onboard Nice with TOE(430-2713)
146GE 15K RPM Serial-Attach SCSI 3Gbps 2.5-in HotPlug Hard Drive(341-8971)-Quantity 2
Cep z5XI-11.5I7_ •�
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r
GROUP: 2 QUANTITY: 1 SYSTEM PRICE: $3,791.72 GROUP TOTAL: $3,791.72
Base Unit: R805 2x Quad Core AMD Opteron 2382 75W,2.6GHz,1Ghz HyperTransport(2243055)
Memory: 4GB Memory,4x1GB,667MHz,Single Ranked DIMMs(311-7985)
Video Card: TOE and ISCSI Offload features included with onboardNiC ports(311-8713)
Hard Drive: HD Muhl-Select(341.4158)
Operating System: Windows Server 2008,Standard x64,Incl Hyper-V,Ind 5 CALs(420.8354)
CD-ROM or DVD-ROM Drive: DVD+/-RW,SATA,INTERNAL(313.091)
CD-ROM or DVD-ROM Drive: SATA Cable,Optical Drive,R805(330-0211)
Sound Card: PowerEdge R805 Active Bezel(313-5887)
Documentation Diskette: PowerEdge R805 Printed Documentation(310-9976)
Documentation Diskette: Dell Management Console(330.5280)
Feature Internal PERC RAID Controller,2 Hard Drives in RAID 1 config(3415840)
Feature Universal Sliding Rapid/Versa Rails,includes Cable Management Arm(310-7412)
Service:
Mission Critical Package:4-Hour 7x24 On-Site Service with Emergency Dispatch,4 Year Extended
(981-6034)
Service:
ProSupport for IT:7x24 HW/SW Tech Support and Assistance for Certified IT Staff,5 Year
(981-6224)
Service:
Mission Critical Package:4-Hour 7x24 On-Site Service with Emergency Dispatch,Initial Year
(985.530)
Service: Dell Limited Hardware Warranty Plus On Site Service Extended Year(989-0858)
Service: Dell Limited Hardware Warranty Pius On Site Service Initial Year(989.0877)
Service: MISSION CRITICAL PACKAGE:Enhanced Services,5 Year(989-0937)
Service: Thank you choosing Dell ProSupport.For tech support,visit httpA/suppon.dell.coMProSupport or
call 1-800-945-33(989-3439)
Installation: On-Site Installation Declined(900-9997)
Misc: Power Cord,C13 to C14,PDU Style,12 Amps,2 meter,Qty 1(330.3151)
Miser Power Cord,C13 to C14,PDU Style,12 Amps,2 meter,Qty 1(3303151)
Misc: Microsoft SQL Server 2008 Standard,5 USER CALs Only,OEM No Media,NFI(420-9789)
Misc: 4x Broadcom NetXtreme 115708 1GbE Onboard NICs with TOE(430-2713)
146GB 15K RPM Serial-Attach SCSI 3Gbps 2.5-in HotPlug Hard Drive(341-8971)-Quantity 2
GROUP: 3 QUANTITY: 1 SYSTEM PRICE: $39,000.00 GROUP TOTAL: $39,000.00
Base Unit: Dell EqualLogic PS6000E,Cost Efficient,High Capapclty 7.2K SATA Drives(224-4849)
Processor: 16.OTerabyte capacity,16X1TB 7.2K SATA,Dual Controller(341-8768)
Service:
Mission Critical Package:4-Hour 7x24 On-Site Service with Emergency Dispatch,4 Year Extended
(988-7474)
Service:
ProSupport for IT:7x24 HW/SW Tech Support and Assistance for Certified IT Staff,5 Year
(988-7584)
Service: Thank you choosing Dell ProSupport.For tech support,visit http:fisupport.dell.conVProSupport or
call 1-800-945-33(989-3439)
Service:
Mission Critical Package:4-Hour 7x24 On-Site Service with Emergency Dispatch,Initial Year
(9953920)
Service: Dell Hardware Limited Warranty Extended Year(993-9918)
Service: Dell Hardware Limited Warranty Initial Year(993-9927)
Service: MISSION CRITICAL PACKAGE:Enhanced Services,5 Year(993.9997)
Service: EqualLogic Advanced Software Warranty and Service,7x24 Access,5 Year(994-0328)
Installation: PS array Customer Self Install Support Service(990-0658)
GROUP: 4 QUANTITY: 2 SYSTEM PRICE: $2,223.51 GROUP TOTAL: $4,447.02
Base Unit: PowerConnect 6248,48 GbE PortManaged Switch,10GbE and Stacking Capable(222-6714)
Service: Dell Hardware Warranty InitialYR(985.027)
Service: Dell Hardware Warranty,Extended Ysans)(985-6038)
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file:///C:/Docwmnts%20and%20Settings/eckley_mi/Local%20Set ings/...
Service:
Mission Critical Package:4-Hour 7x24On-Site Service with Emergency Dispatch,4 Year Extended
(986-3994)
Service:
ProSupport for IT:7x24 HW/SW Tech Support and Assistance for Certified IT Staff,5 Year
(9864184)
Service: Thank you choosing Dell ProSupport.For tech support,visit httpllsupporLdell.congProSupport or
call 1-800-945-33(989-3439)
Service:
Mission Critical Package:4-Hour 7x24 On-Site Service with Emergency Dispatch,Initial Year
(990-5020)
Service: MISSION CRITICAL PACKAGE:Enhanced Services,5 Year(991.8357)
Installation: On-Site Installation Declined(950-8997)
GROUP: 5 QUANTITY: 1 SYSTEM PRICE: $2,113.92 GROUP TOTAL: $2,113.92
Base Unit: Dell 4220 42U Rack with Doors and Side Panels,Ground Ship NOT for AK/HI(2244934)
Keyboard: 1U KMM Console with Touchpad Keyboard and 17 LCD,Rapid Rails(310-9961)
Video Memory. PDU,24A208V,(4)C19,UUI1U,wlth L6.30P 3.7m attached input cord(130-6418)-Quantity 2
Service: Basic:Business Hours(5X10)Next Business Day On Site Hardware Warranty Repair 4 Year
Extended(987-9524)
Service:
Basic:Business Hours(5X10)Next Business Day On Site Hardware Warranty Repair Initial Year
(992-5090)
Service: Dell Hardware Limited Warranty Extended Year(9934108)
Service: Dell Hardware Limited Warranty Initial Year(9934117)
Installation: On-Site Installation Declined(900-9997)
GROUP: 6 QUANTITY: 1 SYSTEM PRICE: $3,954.27 GROUP TOTAL: $3,954.27
Base Unit: 16 Port KeyboardNideo/Mouse Digital Switch,2161DS12 PowerEdge(222-1659)
Mouse: 1 x USB Server Interface Pod includes CATS cable(310-5679).Quantity 16
Service: Dell Hardware Warranty,Initial Year(985-7929)
Service: Dell Hardware Warranty,Extended Year(s)(985-7939)
Service:
Mission Critical Package:4-Hour 7x24 On-Site Service with Emergency Dispatch,4 Year Extended
(9864294)
Service: ProSupport for IT:7x24 HW/SW Tech Support and Assistance for Certified IT Staff,5 Year
(986.4484)
Service: Thank you choosing Dell ProSupport.For tech support,visit httpJ/support.dell.coriVProSupport or
call 1.800.945-33(989-3439)
Service:
Mission Critical Package:4-Hour 7x24 On-Site Service with Emergency Dispatch,Initial Year
(990-5470)
Service: MISSION CRITICAL PACKAGE:Enhanced Services,S Year(991-8487)
Installation: On-Site Installation Declined(900-9997)
SOFTWARE &ACCESSORIES
Product Quantity Unit Price Total
SQL Svr Standard Edtn 2008 Sngl 1 Proc D 228-08649(A1757943) 2 $3,742.78 1 7,485.56
SQL Svr Standard Edm 2008 Sngl MVL D 228-08720 ESDWLD only(A1758072) 1 $685.401 $585.40
vCenter Standard forv5phere-l license A2977748) 1 $4,187.41 $4,187.41
vCenter Standard for vSphere.3yr Platinum SNS.24x7 support and subscription(A2977740) 1 $3,077.58 $3,077.58
Number of S & A Items: 4 IS&A Total Amount: $15,335.95
SALES REP: I Loic Scales PHONE: 512.728-6356
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PAGE 4 OF 4
INTENTIONALLY
OMMITTED
PER
DIANE ROTH
CITY ATTORNEY ' S
OFFICE
GSPD-4011T
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
1.DEFINITIONS: Unless otherwise specified in the Statement of Work the specified therein.
following terms shall be given the meaning shown, unless context "Documentation" means nonproprietary manuals and other
requires otherwise. printed materials necessary or useful to the State in its use
or maintenance of the Equipment or Software provided
"Acceptance Tests" means those tests performed during hereunder. Manuals and other printed materials customized
the Performance Period which are intended to determine for the State hereunder constitute Documentation only to
compliance of Equipment and Software with the the extent that such materials are described in or required
specifications and all other Attachments incorporated herein by the Statement of Work.
by reference and to determine the reliability of the "Equipment"is an all-inclusive term which refers either to
Equipment. individual Machines or to a complete Data Processing
"Application Program" means a computer program which System or subsystem, including its Hardware and Operating
is intended to be executed for the purpose of performing Software (if any).
useful work for the user of the information being processed. "Equipment Failure" is a malfunction in the Equipment,
Application programs are developed or otherwise acquired excluding all external factors, which prevents the
by the user of the Hardware/Software system, but they may accomplishment of the Equipment's intended function(s). If
be supplied by the Contractor. microcode or Operating Software residing in the Equipment
"Attachment" means a mechanical, electrical, or electronic is necessary for the proper operation of the Equipment, a
interconnection to the Contractor-supplied Machine or failure of such microcode or Operating Software which
System of Equipment, manufactured by other than the prevents the accomplishment of the Equipment's intended
original Equipment manufacturer, that is not connected by functions shall be deemed to be an Equipment Failure.
the Contractor. "Facility Readiness Date" means the date specified in the
"Business entity" means any individual, business, partnership, Statement of Work by which the State must have the site
joint venture, corporation, S-corporation, limited liability prepared and available for Equipment delivery and
corporation, limited liability partnership, sole proprietorship,joint installation.
stock company, consortium, or other private legal entity "Goods" means all types of tangible personal property,
recognized by statute. including but not limited to materials, supplies, and
"Buyer"means the State's authorized contracting official. Equipment (including computer and telecommunications
"Commercial Software" means Software developed or Equipment).
regularly used that: (i)has been sold, leased, or licensed to the "Hardware' usually refers to computer Equipment and is
general public; (ii)has been offered for sale, lease,or license to contrasted with Software. See also Equipment.
the general public; (iii) has not been offered, sold, leased, or "Installation Date" means the date specified in the
licensed to the public but will be available for commercial sale, Statement of Work by which the Contractor must have the
lease, or license in time to satisfy the delivery requirements of ordered Equipment ready (certified) for use by the State.
this Contract; or(iv) satisfies a criterion expressed in (i), (ii), or "Information Technology" includes, but is not limited to,
(iii)above and would require only minor modifications to meet the all electronic technology systems and services, automated
requirements of this Contract. information handling, System design and analysis,
"Contract" means this Contract or agreement (including conversion of data, computer programming, information
any purchase order), by whatever name known or in storage and retrieval, telecommunications which include
whatever format used. voice, video, and data communications, requisite System
"Custom Software" means Software that does not meet controls, simulation, electronic commerce, and all related
the definition of Commercial Software. interactions between people and Machines.
"Contractor" means the Business Entity with whom the "Machine" means an individual unit of a Data Processing
State enters into this Contract. Contractor shall be System or subsystem, separately identified by a type and/or
synonymous with "supplier", "vendor" or other similar term. model number, comprised of but not limited to mechanical,
"Data Processing Subsystem" means a complement of electro-mechanical, and electronic parts, microcode, and
Contractor-fumished individual Machines, including the special features installed thereon and including any
necessary controlling elements (or the functional equivalent) necessary Software, e.g., central processing unit, memory
and Operating Software, if any, which are acquired to module, tape unit, card reader, etc.
operate as an integrated group, and which are "Machine Alteration" means any change to a Contractor-
interconnected entirely by Contractor-supplied power and/or supplied Machine which is not made by the Contractor, and
signal cables; e.g., direct access controller and drives, a which results in the Machine deviating from its physical,
cluster of terminals with their controller, etc. mechanical, electrical, or electronic (including microcode)
"Data Processing System (System)" means the total design, whether or not additional devices or parts are
complement of Contractor-furnished Machines, including one employed in making such change.
or more central processors (or instruction processors) and "Maintenance Diagnostic Routines" means the diagnostic
Operating Software, which are acquired to operate as an programs customarily used by the Contractor to test
integrated group. Equipment for proper functioning and reliability.
"Deliverables" means Goods, Software, Information "Manufacturing Materials" means parts, tools, dies, jigs,
Technology, telecommunications technology, and other items fixtures, plans, drawings, and information produced or
(e.g. reports) to be delivered pursuant to this Contract, acquired, or rights acquired, specifically to fulfill obligations
including any such items furnished incident to the provision set forth herein.
of services. "Mean Time Between Failure (MTBF)" means the average
"Designated CPU(s)" means for each product, if applicable, expected or observed time between consecutive failures in a
the central processing unit of the computers or the server System or component,
unit, including any associated peripheral units. If no "Mean Time to Repair(Ill means the average expected or
specific "Designated CPU(s)" are specified on the Contract, observed time required to repair a System or component and
the term shall mean any and all CPUs located at the site return it to normal operation.
Revision 811012009(GSPD-40117 based on April 12,2007) Page 1 of 10
GSPD-401 IT
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
"Operating Software" means those routines, whether or its employees and authorized representatives, including
not identified as Program Products, that reside in the without limitation any department, agency, or other unit of
Equipment and are required for the Equipment to perform the government of the State of California.
its intended function(s), and which interface the operator, "System" means the complete collection of Hardware,
other Contractor-supplied programs, and user programs to Software and services as described in this Contract,
the Equipment. integrated and functioning together, and performing in
"Operational Use Time" means for performance accordance with this Contract.
measurement purposes, that time during which Equipment is "U.S. Intellectual Property Rights"means intellectual property
in actual operation by the State. For maintenance rights enforceable in the United States of America, including
Operational Use Time purposes, that time during which without limitation rights in trade secrets, copyrights, and U.S.
Equipment is in actual operation and is not synonymous patents.
with power on time.
"Performance Testing Period" means a period of time
during which the State, by appropriate tests and production 2.CONTRACT FORMATION:
runs, evaluates the performance of newly installed a) If this Contract results from a sealed bid offered in response to a
Equipment and Software prior to its acceptance by the solicitation conducted pursuant to Chapters 2 (commencing with
State. Section 10290), 3 (commencing with Section 12100), and 3.6
"Period of Maintenance Coverage" means the period of (commencing with Section 12125) of Part 2 of Division 2 of the
time, as selected by the State, during which maintenance Public Contract Code(PCC),then Contractor's bid is a firm offer
services are provided by the Contractor for a fixed monthly to the State which is accepted by the issuance of this Contract
charge, as opposed to an hourly charge for services and no further action is required by either party.
rendered. The Period of Maintenance Coverage consists of b)If this Contract results from a solicitation other than described
the Principal Period of Maintenance and any additional in paragraph a), above, Contractor's quotation or proposal is
hours of coverage per day, and/or increased coverage for deemed a firm offer and this Contract document is the State's
weekends and holidays. acceptance of that offer.
"Preventive Maintenance" means that maintenance, c)If this Contract resulted from a joint bid,it shall be deemed one
performed on a scheduled basis by the Contractor, which is indivisible Contract. Each such joint Contractor will be jointly and
designed to keep the Equipment in proper operating severally liable for the performance of the entire Contract. The
condition. State assumes no responsibility or obligation for the division of
"Principal Period of Maintenance" means any nine orders or purchases among joint Contractors.
consecutive hours per day (usually between the hours of
7:00 a.m. and 6:00 p.m.) as selected by the Stale,
including an official meal period not to exceed one hour, 3. COMPLETE INTEGRATION: This Contract, including any documents
Monday through Friday, excluding holidays observed at the incorporated herein by express reference, is intended to be a
installation. complete integration and there are no prior or contemporaneous
"Programming Aids" means Contractor-supplied programs different or additional agreements pertaining to the subject matter of
and routines executable on the Contractor's Equipment the Contract.
which assists a programmer in the development of
applications including language processors, sorts, 4. SEVERABILITY: The Contractor and the State agree that if any
communications modules, data base management systems, provision of this Contract is found to be illegal or unenforceable,such
and utility routines, (tape-to-disk routines, disk-to-print term or provision shall be deemed stricken and the remainder of the
routines, etc.). Contract shall remain in full force and effect. Either party having
"Program Product" means programs, routines, subroutines, knowledge of such term or provision shall promptly inform the other of
and related items which are proprietary to the Contractor the presumed non-applicability of such provision.
and which are licensed to the State for its use, usually on
the basis of separately stated charges and appropriate 5. INDEPENDENT CONTRACTOR: Contractor and the agents and
contractual provisions, employees of Contractor,in the performance of this Contract,shall act
"Remedial Maintenance" means that maintenance in an independent capacity and not as officers or employees or agents
performed by the Contractor which results from Equipment of the State.
(including Operating Software) failure, and which is
performed as required, i.e., on an unscheduled basis. 6. APPLICABLE LAW: This Contract shall be governed by and shall be
"Site License" means for each product, the term "Site interpreted in accordance with the laws of the State of California;
License" shall mean the license established upon acquisition venue of any action brought with regard to this Contract shall be in
of the applicable number of copies of such product and Sacramento County, Sacramento, California. The United Nations
payment of the applicable license fees as set forth in the Convention on Contracts for the International Sale of Goods shall not
Statement of Work. apply to this Contract.
"Software" means an all-inclusive term which refers to any
computer programs, routines, or subroutines supplied by the 7.COMPLIANCE WITH STATUTES AND REGULATIONS:
Contractor, including Operating Software, Programming Aids, a) Contractor warrants and certifies that in the performance
Application Programs, and Program Products. of this Contract, it will comply with all applicable statutes,
"Software Failure" means a malfunction in the Contractor- rules, regulations and orders of the United States and the
supplied Software, other than Operating Software, which State of California and agrees to indemnify the State
prevents the accomplishment of work, even though the against any loss, cost, damage or liability by reason of the
Equipment (including its Operating Software) may still be Contractor's violation of this provision.
capable of operating properly. For Operating Software b) The Slate will notify Contractor of any such claim in
failure, see definition of Equipment Failure. writing and tender the defense thereof within a reasonable
"State" means the government of the State of California, time; and
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COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
c) Contractor will have sole control of the defense of any
action on such claim and all negotiations for its settlement a) executed participating addendum(s);
or compromise; provided that (i) when substantial principles b) the terms and conditions of the Master Price Agreement;
of government or public law are involved, when litigation c) exhibits to the Master Price Agreement;
might create precedent affecting future State operations or d) the list of products and services contained in the purchase
liability, or when involvement of the State is otherwise order;
mandated by law, the State may participate in such action e) the Request for Information(or similar)document;and
at its own expense with respect to attorneys' fees and Contractor's Response to the Request for Information (or similar
costs (but not liability); (ii) the State will have the right to document).
approve or disapprove any settlement or compromise, which
approval will not unreasonably be withheld or delayed; and
(iii) the State will reasonably cooperate in the defense and 12.PACKING AND SHIPMENT:
in any related settlement negotiations. a)All Goods are to be packed in suitable containers for protection in
shipment and storage, and in accordance with applicable
specifications. Each container of a multiple container shipment
d) If this Contract is in excess of $500,000, it is subject to shall be identified to:
the requirements of the World Trade Organization (Wf0) i) show the number of the container and the total number of
Government Procurement Agreement (GPA). containers in the shipment;and
e) To the extent that this contract falls within the scope of if) the number of the container in which the packing sheet has
Government Code Section 11135, Contractor hereby agrees been enclosed.
to respond to and resolve any complaint brought to its b) All shipments by Contractor or its subcontractors must include
attention, regarding accessibility of its products or services. packing sheets identifying: the Slate's Contract number; item
number; quantity and unit of measure; part number and
description of the Goods shipped; and appropriate evidence of
8. CONTRACTOR'S POWER AND AUTHORITY: The Contractor inspection, if required. Goods for different Contracts shall be
warrants that it has full power and authority to grant the rights herein listed on separate packing sheets.
granted and will hold the State harmless from and against any loss, c)Shipments must be made as specified in this Contract,as it may be
cost,liability,and expense(including reasonable attorney fees)arising amended, or otherwise directed in writing by the Slate's
out of any breach of this warranty. Further, Contractor avers that it Transportation Management Unit within the Department of
will not enter into any arrangement with any third party which might General Services,Procurement Division.
abridge any rights of the State under this Contract.
The Stale will notify Contractor of any such claim in writing 13. TRANSPORTATION COSTS AND OTHER FEES OR EXPENSES:
and tender the defense thereof within a reasonable time; No charge for delivery, drayage, express, parcel post, packing,
and cartage, insurance, license fees, permits, cost of bonds, or for any
Contractor will have sole control of the defense of any other purpose will be paid by the State unless expressly included and
action on such claim and all negotiations for its settlement itemized in the Contract.
or compromise; provided that (i) when substantial principles a) Contractor must strictly follow Contract requirements regarding
of government or public law are involved, when litigation Free on Board (F.O.B.), freight terms and routing instructions,
might create precedent affecting future State operations or The State may permit use of an alternate carrier at no additional
liability, or when involvement of the State is otherwise cost to the State with advance written authorization of the Buyer.
mandated by law, the State may participate in such action b) If"prepay and add"is selected,supporting freight bills are required
at its own expense with respect to attorneys' fees and when over $50, unless an exact freight charge is approved by
costs (but not liability); (ii) the State will have the right to the Transportation Management Unit within the Department of
approve or disapprove any settlement or compromise, which General Services Procurement Division and a waiver is granted.
approval will not unreasonably be withheld or delayed; and c) On "F.O.B. Shipping Point" transactions, should any shipments
(iii) the State vdll reasonably cooperate in the defense and under the Contract be received by the State in a damaged
in any related settlement negotiations. condition and any related freight loss and damage claims filed
against the carrier or carriers be wholly or partially declined by
the carrier or carvers with the inference that damage was the
result of the act of the shipper such as inadequate packaging or
9.ASSIGNMENT: This Contract shall not be assignable by the Contractor loading or some inherent defect in the Equipment and/or
in whole or in part without the written consent of the State. For the material,Contractor,on request of the State,shall at Contractor's
purpose of this paragraph, State will not unreasonably prohibit own expense assist the State in establishing carrier liability by
Contractor from freely assigning its right to payment, provided that supplying evidence that the Equipment and/or material was
Contractor remains responsible for its obligations hereunder. properly constructed, manufactured, packaged, and secured to
10.WAIVER OF RIGHTS: Any action or inaction by the State or the failure withstand normal transportation conditions.
of the State on any occasion,to enforce any right or provision of the 14. DELIVERY: Contractor shall strictly adhere to the delivery and
Contract, shall not be construed to be a waiver by the State of its completion schedules specified in this Contract. Time, if staled as a
rights hereunder and shall not prevent the State from enforcing such number of days,shall mean calendar days unless otherwise specified.
provision or right on any future occasion. The rights and remedies of The quantities specified herein are the only quantities required. If
the Slate herein are cumulative and are in addition to any other rights Contractor delivers in excess of the quantities specified herein, the
or remedies that the Slate may have at law or in equity. State shall not be required to make any y payment for the excess
Deliverables, and may return them to Contractor at Contractor's
11.ORDER OF PRECEDENCE:In the event of any inconsistency expense or utilize any other rights available to the State at law or in
between this Participating Addendum and Master Price Agreement, equity.
the following order of precedence shall apply:
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GSPD-401 IT
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
15. SUBSTITUTIONS: Substitution of Deliverables may not be tendered Contractor in winding down and terminating its
without advance written consent of the Buyer. Contractor shall not work.
use any specification in lieu of those contained in the Contract without The Contractor will use generally accepted accounting
written consent of the Buyer. principles, or accounting principles otherwise agreed to in
writing by the parties, and sound business practices in
16. INSPECTION, ACCEPTANCE AND REJECTION: Unless determining all costs claimed, agreed to, or determined
DELETED under this clause.
17.SAMPLES:
a) Samples of items may be required by the Stale for inspection and 23.TERMINATION FOR DEFAULT:
specification testing and must be furnished free of expense to the a) The State may, subject to the clause titled "Force
State. The samples furnished must be identical in all respects to Majeure" and to sub-section d) below, by written notice of
the products bid and/or specified in the Contract. default to the Contractor, terminate this Contract in whole
b)Samples,if not destroyed by tests, may, upon request made at the or in part if the Contractor fails to:
time the sample is furnished, be returned at Contractor's i) Deliver the Deliverables or perform the services
expense, within the time specified in the Contract or any
amendment thereto;
18. WARRANTY: it) Make progress, so that the lack of progress
DELETED endangers performance of this Contract; or
iii) Perform any of the other provisions of this Contract.
22.TERMINATION FOR THE CONVENIENCE OF THE STATE: b) The State's right to terminate this Contract under sub-
a) The State may terminate performance of work under this section a) above, may be exercised if the failure constitutes
Contract for its convenience in whole or, from time to time, a material breach of this Contract and if the Contractor
in part, if the Department of General Services, Deputy does not cure such failure within the time frame stated in
Director Procurement Division, or designee, determines that the State's cure notice, which in no event will be less than
a termination is in the State's interest. The Department of fifteen (15) days, unless the Statement of Work calls for a
General Services, Deputy Director, Procurement Division, or shorter period.
designee, shall terminate by delivering to the Contractor a c) If the State terminates this Contract in whole or in part
Notice of Termination specifying the extent of termination pursuant to this Section, it may acquire, under terms and
and the effective date thereof. in the manner the Buyer considers appropriate, Deliverables
b) After receipt of a Notice of Termination, and except as or services similar to those terminated, and the Contractor
directed by the State, the Contractor shall immediately will be liable to the State for any excess costs for those
proceed with the following obligations, as applicable, Deliverables and services, including without limitation costs
regardless of any delay in determining or adjusting any third party vendors charge for Manufacturing Materials (but
amounts due under this clause. The Contractor shall: subject to the clause entitled "Limitation of Liability").
(i) Stop work as specified in the Notice of Termination. However, the Contractor shall continue the work not
(ii) Place no further subcontracts for materials, services, terminated.
or facilities, except as necessary to complete the d) If the Contract is terminated for default, the State may
continuing portion of the Contract. require the Contractor to transfer title, or in the case of
(iii) Terminate all subcontracts to the extent they relate to licensed Software, license, and deliver to the State, as
the work terminated. directed by the Buyer, any:
(iv) Settle all outstanding liabilities and termination (i) completed Deliverables,—
settlement proposals arising from the termination of (ii) partially completed Deliverables, and,
subcontracts= (iii) subject lo--provisions of sub-section e) below,
Unless otherwise set forth in the Statement of Work, if the Manufacturing Materials related to the terminated
Contractor and the State fail to agree on the amount to be portion of this Contract. Nothing in this sub-section d)
paid because of the termination for convenience, the State will be construed to grant the State rights to
will pay the Contractor the following amounts; provided that Deliverables that it would not have received had this
in no event will total payments exceed the amount payable Contract been fully performed. Upon direction of the
to the Contractor if the Contract had been fully performed: Buyer, the Contractor shall also protect and preserve
The Contract price for Deliverables or services property in its possession in which the State has an
accepted by the State and not previously paid for, interest.
adjusted for any savings on freight and other charges; e) The State shall pay Contract price for completed
and Deliverables delivered and accepted. Unless the Statement
The total of: of Work calls for different procedures or requires no-charge
A) The reasonable costs incurred in the delivery of materials, the Contractor and Buyer shall attempt
performance of the work terminated, including to agree on the amount of payment for Manufacturing
initial costs and preparatory expenses allocable Materials and other materials delivered and accepted by the
thereto, but excluding any cost attributable to State for the protection and preservation of the
Deliverables or services paid or to be paid; property;provided that where the Contractor has billed the
B) The reasonable cost of settling and paying State for any such materials, no additional charge will apply
termination settlement proposals under terminated Failure to agree will constitute a dispute under the
subcontracts that are properly chargeable to the Disputes clause. The State may withhold from these
terminated portion of the Contract; and amounts any sum it determines to be necessary to protect
C) Reasonable storage, transportation, the State against loss because of outstanding liens or
demobilization, unamortized overhead and capital claims of former lien holders.
costs, and other costs reasonably incurred by the 0 If, after termination, it is determined by a final ruling in
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COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
accordance with the Disputes Clause that the Contractor liability under the General ProvisionsT entitled "Patent,
was not in default, the rights and obligations of the parties Copyright, and Trade Secret Protection" or to any other
shall be the same as if the termination had been issued liability (including without limitation indemnification
for the convenience of the State. obligations) for infringement of third party intellectual
g) The rights and remedies of the State in this clause are property rights; (ii) to claims covered by any specific
in addition to any other rights and remedies provided by provision herein calling for liquidated damages; (iii) to
law or under this Contract, and are subject to the clause claims arising under provisions herein calling for
titled "Limitation of Liability." indemnification for third party claims against the State for
bodily injury to persons or damage to real or tangible
personal property caused by Contractor's negligence or
24. FORCE MAJEURE willful misconduct; or (iv) to—costs or attorney's fees that
Except for defaults of subcontractors at any tier, the Contractor shall the State becomes entitled to recover as a prevailing party
not be liable for any excess costs if the failure to perform the Contract in—any action.
arises from causes beyond the control and without the fault or c) The State's liability for damages for any cause
negligence of the Contractor. Examples of such causes include, but whatsoever, and regardless of the form of action, whether
are not limited to: in Contract or in tort, shall be limited to the Purchase
a)Acts of God or of the public enemy,and Price, as that term is defined in subsection a) above.
b)Acts of the federal or State government in either its sovereign or Nothing herein shall be construed to waive or limit the
contractual capacity. State's sovereign immunity or any other immunity from suit
If the failure to perform is caused by the default of a subcontractor at provided by law.
any tier, and if the cause of the default is beyond the control of both d) In no event will either the Contractor or the State be
the Contractor and subcontractor, and without the fault or negligence liable for consequential, incidental, indirect, special, or
of either, the Contractor shall not be liable for any excess costs for punitive damages, even if notification has been given as to
failure to perform the possibility of such damages, except (i) to the extent
that Contractor's liability for such damages is specifically set
forth in the Statement of Work or (ii) to the extent that
Contractor's liability for such damages arises out of sub-
25.RIGHTS AND REMEDIES OF STATE FOR DEFAULT: section b)(i), b)(ii), or b)(iv) above.
a)In the event any Deliverables furnished or services provided by the
Contractor in the performance of the Contract should fail to
conform to the requirements herein, or to the sample submitted 27. CONTRACTOR'S LIABILITY FOR INJURY TO PERSONS OR
by the Contractor, the State may reject the same, and it shall DAMAGE TO PROPERTY:
become the duty of the Contractor to reclaim and remove the a)The Contractor shall be liable for damages arising out of injury to
item promptly or to correct the performance of services, without the person and/or damage to the property of the State,
expense to the State,and immediately replace all such rejected employees of the State, persons designated by the State for
items with others conforming to the Contract. training, or any other person(s) other than agents or employees
b) In addition to any other rights and remedies the State may have, of the Contractor, designated by the State for any purpose,prior
the State may require Contractor, at Contractor's expense, to to, during, or subsequent to delivery, installation, acceptance,
ship Deliverables via air freight or expedited routing to avoid or and use of the Deliverables either at the Contractor's site or at
minimize actual or potential delay if the delay is the fault of the the State's place of business,provided that the injury or damage
Contractor. was caused by the fault or negligence of the Contractor.
c) In the event of the termination of the Contract,either in whole or in b) Contractor shall not be liable for damages arising out of or caused
part, by reason of default or breach by the Contractor, any loss by an alteration or an Attachment not made or installed by the
or damage sustained by the State in procuring any items which Contractor,or for damage to alterations or Attachments that may
the Contractor agreed to supply shall be bome and paid for by result from the normal operation and maintenance of the
the Contractor (but subject to the clause entitled "Limitation of Deliverables provided by the Contractor during the Contract.
Liability').
d)The State reserves the right to offset the reasonable cost of all 28.INDEMNIFICATION: Contractor agrees to indemnify, defend and
damages caused to the State against any outstanding invoices save harmless the State, its officers, agents and employees
or amounts owed to Contractor or to make a claim against the from any and all third party claims, costs (including without
Contractor therefore. limitation reasonable attorneys" fees), and losses due to the
injury or death of any individual, or the loss or damage to any
real or tangible personal property, resulting from the willful
26.LIMITATION OF LIABILITY: misconduct or negligent acts or omissions of Contractor or any
a) Contractors liability for damages to the State for any of its agents, subcontractors, employees, suppliers, laborers, or
cause whatsoever, and regardless of the form of action, any other person, firm, or corporation furnishing or supplying
whether in Contract or in tort, shall be limited to two times work, services, materials, or supplies in connection with the
the Purchase Price. For purposes of this sub-section a), performance of this Contract. Such defense and payment will
"Purchase Price" will mean the aggregate Contract price; be conditional upon the following:
except that, with respect to a Contract under which multiple a) The State will notify Contractor of any such claim in writing
purchase orders vnll be issued (e.g., a Master Agreement and tender the defense thereof within a reasonable time;
or Multiple Award Schedule contract), "Purchase Price" will and
mean the total price of the purchase order for the b) Contractor will have sole control of the defense of any action
Deliverables) or service(s) that gave rise to the loss, such on such claim and all negotiations for its settlement or
that Contractor will have a separate limitation of liability for compromise; provided that (i) when substantial principles of
each purchase order. government or public law are involved, when litigation might
b) The foregoing limitation of liability shall not apply (i) to create precedent affecting future State operations or liability,
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COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
or when involvement of the State is otherwise mandated by 36. DOCUMENTATION
law, the State may participate in such action at its own a) The Contractor agrees to provide to the State, at no charge,
expense with respect to attorneys' fees and costs (but not a number of all nonproprietary manuals and other printed
liability); (ii) the State will have the right to approve or materials, as described within the Statement of Work, and
disapprove any settlement or compromise, which approval updated versions thereof, which are necessary or useful to
will not unreasonably be withheld or delayed; and (iii) the the State in its use of the Equipment or Software provided
State will reasonably cooperate in the defense and in any hereunder. The Contractor agrees to provide additional
related settlement negotiations. Documentation at prices not in excess of charges made by
the Contractor to its other customers for similar
29. INVOICES: Unless otherwise specified, invoices shall be sent to Documentation.
the address set forth herein. Invoices shall be submitted in triplicate b) If the Contractor is unable to perform maintenance or the
and shall include the Contract number; release order number (if Stale desires to perform Its own maintenance on Equipment
applicable); item number; unit price, extended item price and invoice purchased under this Contract then upon written notice by
total amount. State sales lax and/or use tax shall be itemized the State the Contractor will provide at Contractor's then
separately and added to each invoice as applicable. current rates and fees adequate and reasonable assistance
including relevant Documentation to allow the State to
maintain the Equipment based on Contractor's methodology.
30. REQUIRED PAYMENT DATE: Payment will be made in accordance The Contractor agrees that the State may reproduce such
with the provisions of the California Prompt Payment Act,Government Documentation for its own use in maintaining the
Code Section 927 et.seq. Unless expressly exempted by statute,the Equipment. If the Contractor is unable to perform
Act requires State agencies to pay properly submitted, undisputed maintenance, the Contractor agrees to license any other
invoices not more than 45 days after (i) the date of acceptance of Contractor that the State may have hired to maintain the
Deliverables or performance of services; or (ii) receipt of an Equipment to use the above noted Documentation. The
undisputed invoice,whichever is later. State agrees to include the Contractors copyright notice on
any such Documentation reproduced, in accordance with
31. TAXES: Unless otherwise required by law, the State of California is copyright instructions to be provided by the Contractor.
exempt from Federal excise taxes. The State will only pay for any
State or local sales or use taxes on the services rendered or Goods 37. RIGHTS IN WORK PRODUCT:
supplied to the Stale pursuant to this Contract. a) All inventions, discoveries, intellectual property, technical
communications and records originated or prepared by the
32.NEWLY MANUFACTURED GOODS: Contractor pursuant to this Contract including papers,
DELETED. reports, charts, computer programs, and other
Documentation or improvements thereto, and including
33. CONTRACT MODIFICATION: No amendment or variation of the Contractor's administrative communications and records
terms of this Contract shall be valid unless made in writing,signed by relating to this Contract (collectively, the "Work Product"),
the parties and approved as required. No oral understanding or shall be Contractor's exclusive property. The provisions of
agreement not incorporated in the Contract is binding on any of the this sub-section a) may be revised in a Statement of
parties. Work.
b) Software and other materials developed or otherwise
34. CONFIDENTIALITY OF DATA: All financial, statistical, personal, obtained by or for Contractor or its affiliates independently
technical and other data and information relating to the State's of this Contract or applicable purchase order ("Pre-Existing
operation which are designated confdenfial by the State and made Materials") do not constitute Work Product. If Contractor
available to the Contractor in order to carry out this Contract, or which creates derivative works of Pre-Existing Materials, the
become available to the Contractor in carrying out this Contract, shall elements of such derivative works created pursuant to this
be protected by the Contractor from unauthorized use and disclosure Contract constitute Work Product, but other elements do
through the observance of the same or more effective procedural not. Nothing in this Section 37 will be construed to
requirements as are applicable to the State. The identification of all interfere with Contractors or its affiliates' ownership of Pre-
such confidential data and information as well as the State's Existing Materials.
procedural requirements for protection of such data and information The State will have Government Purpose Rights to the
from unauthorized use and disclosure shall be provided by the Stale Work Product as Deliverable or delivered to the State
in writing to the Contractor. If the methods and procedures employed hereunder. "Government Purpose Rights" are the
by the Contractor for the protection of the Contractor's data and unlimited, irrevocable, worldwide, perpetual, royalty-free,
information are deemed by the State to be adequate for the protection non-exclusive rights and licenses to use, modify, reproduce,
of the State's confidential information, such methods and procedures perform, release, display, create derivative works from, and
may be used, with the written consent of the State, to carry out the disclose the Work Product. "Government Purpose Rights"
intent of this paragraph. The Contractor shall not be required under also include the right to release or disclose the Work
the provisions of this paragraph to keep confidential any data or Product outside the State for any State government
information which is or becomes publicly available,is already rightfully purpose and to authorize recipients to use, modify,
in the Contractor's possession, is independently developed by the reproduce, perform, release, display, create derivative works
Contractor outside the scope of this Contract, or is rightfully obtained from, and disclose the Work Product for any State
from third parties. government purpose. Such recipients of the Work Product
may include, without limitation, State Contractors, California
36. NEWS RELEASES: Unless otherwise exempted, news releases local governments, the U.S. federal government, and the
pertaining to this Contract shall not be made without prior written State and local governments of other states. "Government
approval of the Department of General Services. Purpose Rights" do not include any rights to use, modify,
reproduce, perform, release, display, create derivative works
from, or disclose the Work Product for any commercial
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COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
purpose. of the State is otherwise mandated by law, the State
The ideas, concepts, know-how, or techniques relating to may participate in such action at its own expense with
data processing, developed during the course of this respect to attorneys' fees and costs (but not liability); (it)
Contract by the Contractor or jointly by the Contractor and the Stale will have the right to approve or disapprove
the State may be used by either party without obligation any settlement or compromise, which approval will not
of notice or accounting. unreasonably be withheld or delayed; and (iii) the State
This Contract shall not preclude the Contractor from will reasonably cooperate in the defense and in any
developing materials outside this Contract that are related settlement negotiations.
competitive, irrespective of their similarity to materials which b) Contractor may be required to furnish a bond to the State
might be delivered to the State pursuant to this Contract. against any and all loss, damage, costs, expenses, claims and
liability for patent,copyright and trade secret infringement.
C) Should the Deliverables or Software, or the operation thereof,
38. PROTECTION OF PROPRIETARY SOFTWARE AND become, or in the Contractor's opinion are likely to become,the
OTHER PROPRIETARY DATA subject of a claim of infringement or violation of a U.S.
a) State agrees that all material appropriately marked or Intellectual Property Right, the Slate shall permit the Contractor
identified in writing as proprietary, and furnished hereunder at its option and expense either to procure for the State the right
are provided for State's exclusive use for the purposes of to continue using the Deliverables or Software, or to replace or
this Contract only. All such proprietary data shall remain modify the same so that they become non-infringing. If none of
the property of the Contractor. State agrees to take all these options can reasonably be taken, or if the use of such
reasonable steps to insure that such proprietary data are Deliverables or Software by the State shall be prevented by
not disclosed to others, without prior written consent of the injunction,the Contractor agrees to take back such Deliverables
Contractor, subject to the California Public Records Act. or Software and make every reasonable effort to assist the State
b) The Stale will insure, prior to disposing of any media, in procuring substitute Deliverables or Software. If, in the sole
that any licensed materials contained thereon have been opinion of the State,the return of such infringing Deliverables or
erased or otherwise destroyed. Software makes the retention of other Deliverables or Software
c) The State agrees that it will take appropriate action by acquired from the Contractor under this Contract impractical,the
instruction, agreement or otherwise with its employees or State shall then have the option of terminating such Contracts,or
other persons permitted access to licensed software and applicable portions thereof, without penalty or termination
other proprietary data to satisfy its obligations under this charge.The Contractor agrees to take back such Deliverables or
Contract with respect to use, copying, modification, Software and refund any sums the State has paid Contractor
protection and security of proprietary software and other less any reasonable amount for use or damage.
proprietary data.. d) The Contractor shall have no liability to the State under any
provision of this clause with respect to any claim of patent,
copyright or trade secret infringement which is based upon:
39.PATENT,COPYRIGHT AND TRADE SECRET INDEMNITY: (i) The combination or utilization of Deliverables furnished
a) Contractor will indemnify, defend, and save harmless the hereunder with Equipment or devices not made or furnished
State, its officers, agents, and employees, from any and all by the Contractor;or,
third party claims, costs (including without limitation (ii) The operation of Equipment furnished by the Contractor
reasonable attorneys' fees), and losses for infringement or under the control of any Operating Software other than, or
violation of any U.S. Intellectual Property Right by any in addition to, the current version of Contractor-supplied
product or service provided hereunder. With respect to Operating Software;or
claims arising from computer Hardware or Software (iii) The modification by the State of the Equipment furnished
manufactured by a third party and sold by Contractor as a hereunder or of the Software;or
reseller, Contractor will pass through to the State such (iv) The combination or utilization of Software furnished
indemnity rights as it receives from such third party ("Third hereunder with non-contractor supplied Software.
Party Obligation") and will cooperate in enforcing them; e) Contractor certifies that it has appropriate systems and controls in
provided that if the third party manufacturer fails to honor place to ensure that State funds will not be used in the
the Third Party Obligation, Contractor will provide the State performance of this Contract for the acquisition, operation or
with indemnity protection equal to that called for by the maintenance of computer Software in violation of copyright laws.
Third Party Obligation, but in no event greater than that
called for in the first sentence of this Section 39a). The
provisions of the preceding sentence apply only to third 40. EXAMINATION AND AUDIT: Contractor agrees that the State, or its
party computer Hardware or Software sold as a distinct unit designated representative shall have the right to review and copy any
and accepted by the State. records and supporting Documentation pertaining to performance of
this Contract. Contractor agrees to maintain such records for possible
Unless a Third Party Obligation provides otherwise, the audit for a minimum of three (3) years after final payment, unless a
defense and payment obligations set forth in this Section longer period of records retention is stipulated. Contractor agrees to
39a) will be conditional upon the following: allow the auditor(s) access to such records during normal business
The State will notify Contractor of any such claim in hours and to allow interviews of any employees or others who might
writing and tender the defense thereof within a reasonably have information related to such records. Further,
reasonable time; and Contractor agrees to include a similar right of the State to audit
Contractor will have sole control of the defense of any records and interview staff in any subcontract related to performance
action on such claim and all negotiations for its of this Contract,
settlement or compromise; provided that (i) when
substantial principles of government or public law are 41. DISPUTES:—
involved, when litigation might create precedent affecting a)The parties shall deal in good faith and attempt to resolve potential
future State operations or liability, or when involvement disputes informally. If the dispute persists, Contractor shall
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COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
submit to the Department Director or designee a written demand adjustment within 30 days after the end of the period of
for a final decision regarding the disposition of any dispute work stoppage;provided,that if the State decides the facts
between the parties arising under, related to or involving this justify the action, the State may receive and act upon a
Contract, unless the State, on its own initiative, has already proposal submitted at any time before final payment under
rendered such a final decision. Contractors written demand this Contract.
shall be fully supported by factual information, and if such
demand involves a cost adjustment to the Contract, Contractor c) If a Stop Work Order is not canceled and the work covered by the
shall include with the demand a written statement signed by an Stop Work Order is terminated in accordance with the provision
authorized person indicating that the demand is made in good entitled Termination for the Convenience of the State, the State
faith, that the supporting data are accurate and complete and shall allow reasonable costs resulting from the Stop Work Order
that the amount requested accurately reflects the Contract in arriving at the termination settlement.
adjustment for which Contractor believes the State is liable.If the d) The State shall not be liable to the Contractor for loss of profits
Contractor is not satisfied with the decision of the Department because of a Stop Work Order issued under this clause.
Director or designee, the Contractor may appeal the decision to
the Department of General Services, Deputy Director, 43. FOLLOW-ON CONTRACTS:
Procurement Division. In the event that this Contract is for If the Contractor or its affiliates provides Technical
Information Technology Goods and/or services,the decision may Consulting and Direction (as defined below), the Contractor
be appealed to an Executive Committee of State and Contractor and its affiliates:
personnel. (i) will not be awarded a subsequent Contract to
b)Pending the final resolution of any dispute arising under, related to supply the service or system, or any significant
or involving this Contract,Contractor agrees to diligently proceed component thereof, that is used for or in connection
with the performance of this Contract, including the delivery of with any subject of such Technical Consulting and
Goods or providing of services in accordance with the State's Direction; and
instructions. Contractors failure to diligently proceed in (ii) will not act as consultant to any person or entity
accordance with the State's instructions shall be considered a that does receive a Contract described in sub-section
material breach of this Contract. (i). This prohibition will continue for one (1) year after
c)Any final decision of the State shall be expressly identified as such, termination of this Contract or completion of the
shall be in writing, and shall be signed by the Department Technical Consulting and Direction, whichever comes
Director or designee or Deputy Director, Procurement Division if later.
an appeal was made. If the Stale fails to render a final decision "Technical Consulting and Direction" means services for
within 90 days after receipt of Contractor's demand, it shall be which the Contractor received compensation from the State
deemed a final decision adverse to Contractor's contentions. and includes:
The Slate's final decision shall be conclusive and binding (1) development of or assistance in the development of
regarding the dispute unless Contractor commences an action in work statements, specifications, solicitations, or
a court of competent jurisdiction to contest such decision within feasibility studies;
90 days following the date of the final decision or one (1) year (ii) development or design of test requirements;
following the accrual of the cause of action,whichever is later. (iii) evaluation of test data;
(iv) direction of or evaluation of another Contractor;
42.STOP WORK: (v) provision of formal recommendations regarding the
a) The State may, at any time, by written Stop Work Order to the acquisition of Information Technology products or
Contractor, require the Contractor to stop all, or any part, of the services; or
work called for by this Contract for a period up to 90 days after (vi) provisions of formal recommendations regarding any
the Stop Work Order is delivered to the Contractor, and for any of the above. For purposes of this Section, "affiliates"
further period to which the parties may agree. The Stop Work are employees, directors, partners, joint venture
Order shall be specifically identified as such and shall indicate it participants, parent corporations, subsidiaries, or any
is issued under this clause. Upon receipt of the Stop Work other entity controlled by, controlling, or under common
Order, the Contractor shall immediately comply with its terms control with the Contractor. Control exists when an
and take all reasonable steps to minimize the incurrence of costs entity owns or directs more than fifty percent (50%) of
allocable to the work covered by the Stop Work Order during the the outstanding shares or securities representing the
period of work stoppage. Within a period of 90 days after a Stop right to vote for the election of directors or other
Work Order is delivered to the Contractor, or within any managing authority.
extension of that period to which the parties shall have agreed, To the extent permissible by law, the Director of the
the State shall either: Department of General Services, or designee, may waive
(i)Cancel the Stop Work Order;or the restrictions set forth in this Section by written notice to
(ii) Terminate the work covered by the Stop Work Order as the Contractor if the Director determines their application
provided for in the termination for default or the termination would not be in the State's best interest. Except as
for convenience clause of this Contract. prohibited by law, the restrictions of this Section will not
b) If a Stop Work Order issued under this clause is canceled or the apply:
period of the Stop Work Order or any extension thereof expires, to follow-on advice given by vendors of commercial
the Contractor shall resume work. The State shall make an off-the-shelf products, including Software and Hardware,
equitable adjustment in the delivery schedule,the Contract price, on the operation, integration, repair, or maintenance of
or both, and the Contract shall be modified, in writing, such products after sale; or
accordingly,if: where the State has entered into a master agreement
(i) The Stop Work Order results in an increase in the time for Software or services and the scope of work at the
required for,or in the Contractor's cost properly allocable to time of Contract execution expressly calls for future
the performance of any part of this Contract;and recommendations among the Contractor's own products.
(ii) The Contractor asserts its right to an equitable The restrictions set forth in this Section are in addition to
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COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
conflict of interest restrictions imposed on public Contractors if the bid is accepted,it will assign to the State all rights,title,and
by California law ("Conflict Laws"). In the event of any interest in and to all causes of action it may have under Section 4
inconsistency, such Conflict Laws override the provisions of of the Clayton Act (15 U.S.C. 15) or under the Cartwright Act
this Section, even if enacted after execution of this (Chapter 2, commencing with Section 16700, of Part 2 of
Contract. Division 7 of the Business and Professions Cade), arising from
purchases of Goods, material or other items, or services by the
supplier for sale to the State pursuant to the solicitation. Such
44. PRIORITY HIRING CONSIDERATIONS: If this Contract includes assignment shall be made and become effective at the time the
services in excess of $200,000, the Contractor shall give priority State tenders final payment to the supplier.
consideration in filling vacancies in positions funded by the Contract to b) If the Slate receives, either through judgment or settlement, a
qualified recipients of aid under Welfare and Institutions Code Section monetary recovery for a cause of action assigned under this
11200 in accordance with PCC Section 10353. chapter, the assignor shall be entitled to receive reimbursement
for actual legal costs incurred and may, upon demand, recover
45. COVENANT AGAINST GRATUITIES: The Contractor warrants that from the State any portion of the recovery, including treble
no gratuities (in the form of entertainment, gifts, or otherwise) were damages, attributable to overcharges that were paid by the
offered or given by the Contractor, or any agent or representative of assignor but were not paid by the State as part of the bid price,
the Contractor, to any officer or employee of the State with a view less the expenses incurred in obtaining that portion of the
toward securing the Contract or securing favorable treatment with recovery.
respect to any determinations concerning the performance of the c)Upon demand in writing by the assignor,the assignee shall,within
Contract. For breach or violation of this warranty,the State shall have one year from such demand, reassign the cause of action
the right to terminate the Contract, either in whole or in part, and any assigned under this part if the assignor has been or may have
loss or damage sustained by the State in procuring on the open been injured by the violation of law for which the cause of action
market any items which Contractor agreed to supply shall be borne arose and
and paid for by the Contractor. The rights and remedies of the State (i)the assignee has not been injured thereby,or
provided in this clause shall not be exclusive and are in addition to (ii) the assignee declines to file a court action for the cause of
any other rights and remedies provided by law or in equity. action.
46.NONDISCRIMINATION CLAUSE: 49. DRUG-FREE WORKPLACE CERTIFICATION: The Contractor
a) During the performance of this Contract, Contractor and its certifies under penalty of perjury under the laws of the State of
subcontractors shall not unlawfully discriminate, harass or allow California that the Contractor will comply with the requirements of the
harassment, against any employee or applicant for employment Drug-Free Workplace Act of 1990(Government Code Section 8350 at
because of sex, sexual orientation, race, color, ancestry, seq.) and will provide a drug-free workplace by taking the following
religious creed, national origin, disability (including HIV and actions:
AIDS),medical condition(cancer),age,marital status,and denial a)Publish a statement notifying employees that unlawful manufacture,
of family care leave. Contractor and subcontractors shall insure distribution, dispensation, possession, or use of a controlled
that the evaluation and treatment of their employees and substance is prohibited -and specifying actions to be taken
applicants for employment are free from such discrimination and against employees for violations, as required by Government
harassment.Contractor and subcontractors shall comply with the Code Section 8355(a).
provisions of the Fair Employment and Housing Act(Government b) Establish a Drug-Free Awareness Program as required by
Code, Section 12990 at seq.) and the applicable regulations Government Code Section 8355(b)to inform employees about all
promulgated thereunder(California Code of Regulations,Title 2, of the following:
Section 7285.0 at seq.). The applicable regulations of the Fair (1)the dangers of drug abuse in the workplace;
Employment and Housing Commission implementing (ii) the person's or organization's policy of maintaining a drug-
Government Code Section 12990(a-f), set forth in Chapter 5 of free workplace;
Division 4 of Title 2 of the California Code of Regulations are (iii) any available counseling, rehabilitation and employee
incorporated into this Contract by reference and made a part assistance programs;and,
hereof as if set forth in full. Contractor and its subcontractors (iv) penalties that may be imposed upon employees for drug
shall give written notice of their obligations under this clause to abuse violations.
labor organizations with which they have a collective bargaining c) Provide, as required by Government Code Section 8355(c), that
or other agreement. every employee who works on the proposed or resulting
b)The Contractor shall include the nondiscrimination and compliance Contract:
provisions of this clause in all subcontracts to perform work (i) will receive a copy of the company's drug-free policy
under the Contract. statement;and,
(ii)will agree to abide by the terms of the company's statement
47. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: as a condition of employment on the Contract.
Contractor swears under penalty of perjury that no more than one
final, unappealable finding of contempt of court by a federal court has 50. FOUR-DIGIT DATE COMPLIANCE: Contractor warrants that
been issued against the Contractor within the immediately preceding it will provide only Four-Digit Date Compliant (as defined below)
two-year period because of the Contractor's failure to comply with an Deliverables and/or services to the State. "Four Digit Date
order of the National Labor Relations Board. This provision is Compliant" Deliverables and services can accurately process,
required by, and shall be construed in accordance with, PCC Section calculate, compare, and sequence date data, including without
10296. limitation date data arising out of or relating to leap years and
changes in centuries. This warranty and representation is
48. ASSIGNMENT OF ANTITRUST ACTIONS: Pursuant to Government subject to the warranty terms and conditions of this Contract
Code Sections 4552, 4553, and 4554, the following provisions are and does not limit the generality of warranty obligations set forth
incorporated herein: elsewhere herein.
a) In submitting a bid to the Stale,the supplier offers and agrees that
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COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
subdivision(a)of PCC Section 10295.1.
51.SWEATFREE CODE OF CONDUCT:
a) Contractor declares under penalty of perjury that no equipment,
materials, or supplies furnished to the State pursuant to the 57. EXPATRIATE CORPORATIONS: Contractor hereby declares
contract have been produced in whole or in part by sweatshop that it is not an expatriate corporation or subsidiary of an expatriate
labor, forced labor, convict labor, indentured labor under penal corporation within the meaning of PCC Sections 10286 and 10286.1,
sanction, abusive forms of child labor or exploitation of children and is eligible to contract with the State.
in sweatshop labor,or with the benefit of sweatshop labor,forced
labor, convict labor, indentured labor under penal sanction,
abusive forms of child labor or exploitation of children in 58. DOMESTIC PARTNERS: For contracts over$100,000 executed
sweatshop labor. Contractor further declares under penalty of or amended after January 1, 2007, the contractor certifies that the
perjury that they adhere to the Sweatfree Code of Conduct as set contractor is in compliance with Public Contract Code section
forth on the California Department of Industrial Relations website 10295.3.
located at www.dir.ca.00v, and Public Contract Code Section
6108.
b)Contractor agrees to cooperate fully in providing reasonable access
to its records, documents, agents or employees, or premises if
reasonably required by authorized officials of the State, the
Department of Industrial Relations, or the Department of Justice
to determine Contractor's compliance with the requirements
under paragraph(a).
52. RECYCLING: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer
material as defined in the Public Contract Code Section 12200, in
products, materials, goods, or supplies offered or sold to the State
regardless of whether the product meets the requirements of Section
12209. With respect to printer or duplication cartridges that comply
with the requirements of Section 12156(e), the certification required
by this subdivision shall specify that the cartridges so comply (PCC
12205).
53.CHILD SUPPORT COMPLIANCE ACT: For any Contract in excess of
$100,000, the Contractor acknowledges in accordance with PCC
Section 7110,that:
a) The Contractor recognizes the importance of child and family
support obligations and shall fully comply with all applicable
State and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as
provided in Chapter 8(commencing with Section 5200)of Part 5
of Division 9 of the Family Code;and
b)The Contractor,to the best of its knowledge is fully complying with
the earnings assignment orders of all employees and is providing
the names of all new employees to the New Hire Registry
maintained by the California Employment Development
Department.
64. AMERICANS WITH DISABILITIES ACT: Contractor assures
the Stale that Contractor complies with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 at seq).
55. ELECTRONIC WASTE RECYCLING ACT OF 2003: The Contractor
certifies that it complies with the requirements of the Electronic Waste
Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30,
commencing with Section 42460 of the Public Resources Code,
relating to hazardous and solid waste. Contractor shall maintain -
documentation and provide reasonable access to its records and
documents that evidence compliance.
56. USE TAX COLLECTION: In accordance with PCC Section
10295.1, Contractor certifies that it complies with the requirements of
Section 7101 of the Revenue and Taxation Code. Contractor further
certifies that it will immediately advise State of any change in its
retailer's seller's permit or certification of registration or applicable
affiliate's seller's permit or certificate of registration as described in
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