REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
December 5, 2023
FROM
TRACY REECE, Chief Probation Officer, Probation Department
SUBJECT
Title
Non-Financial California Participating Addendum to Minnesota National Association of State Procurement Officers Master Agreement with Dell Marketing L.P. for Computer Equipment
End
RECOMMENDATION(S)
Recommendation
1. Approve non-financial California Participating Addendum No. 7-15-70-34-003, including non-standard terms, to the Minnesota National Association of State Procurement Officers Master Agreement No. MNWNC-108 with Dell Marketing L.P. for the procurement of Dell computer equipment authorized under the California Participating Addendum, for the period of December 5, 2023 through January 31, 2024.
2. Authorize the Purchasing Agent to execute any documents that may be required by the State to execute orders against California Participating Addendum No. 7-15-70-34-003.
(Presenter: Tracy Reece, Chief Probation Officer, 387-5692)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of the recommended non-financial agreement will not result in the use of Discretionary General Funding (Net County Cost). Participating in the National Association of State Procurement Officers (NASPO) with California Participating Addendum No. 7-15-70-34-003 (California PA) allows the County to purchase Dell products at a reduced cost for government entities. If future purchases are made under the California PA, the Probation Department (Probation) will adhere to County purchasing policies and return to the Board of Supervisors for approval, if necessary.
BACKGROUND INFORMATION
Probation must replace its computers as part of a four-year lifecycle program and have found that Dell OptiPlex computers are smaller, faster, and have more Universal Serial Bus (USB) ports, which is highly desirable. Probation has progressively replaced its computers with the Dell Marketing L.P. (Dell) brand, to have one main platform which standardizes technical support departmentwide through use of the same hardware and software. There is no current Countywide contract with Dell. Approval of this agreement allows Probation to obtain Dell products at the most competitive rate and to streamline its operations.
In June 2020, the Purchasing Department (Purchasing) awarded countywide contracts to NetSync, Saitech, Inc., and Zones for the purchase of Dell equipment. Probation requested quotes from the countywide approved vendors for Dell equipment and found that procuring the items directly from Dell through the NASPO agreement was more cost effective.
Dell is an information technology solutions provider, selling to federal, state and local government agencies, as well as education and healthcare markets. After conducting a competitive bidding process, the State of Minnesota awarded Dell the contract for the purchase of computer equipment and peripherals. The State of Minnesota has made this contract available for use by other government entities through the NASPO cooperative purchasing program that facilitates public procurement solicitations and agreements using a lead state model. The Minnesota NASPO agreement is identified as Master Agreement No. MNWNC-108. The State of California executed the California PA to the Minnesota NASPO Master Agreement No. MNWNC-108 (NASPO Agreement) which allows State agencies and local California government entities to make purchases under this NASPO agreement by following the ordering procedures outlined by the State of California.
The California PA to the NASPO Agreement includes the State of California General Provision - Information Technology Contract No. GSPD-40IT. Collectively, these terms form the procurement contract, which includes a term that differs from the standard County contract. The non-standard language includes the following:
1. Not all County insurance requirements pursuant to County Policy 11-07 are included. However, the contract does include terms substantially similar to the County standard insurance requirements, including: (i) requiring the Contractor to maintain all commercial general liability insurance, workers’ compensation insurance and any other insurance required under the contract; (ii) furnishing insurance certificates evidencing required insurance coverage acceptable to the State, including endorsements showing the State as an “additional insured” if required under the contract; (iii) providing required endorsements requested by the State; and (iv) providing a waiver of subrogation in favor of the State for its workers’ compensation policy when performing work on state owned or controlled property.
• The County standard contract requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department.
• Potential Impact: This insurance provision does not comply with County Policy 11-07 and potential claims not covered under the County’s standard insurance requirements could leave the County financially liable.
Probation recommends approval of the agreement, including the non-standard terms, as the agreement will enable Probation to use County funds effectively by obtaining Dell computer equipment at a competitive cost.
PROCUREMENT
NASPO Valuepoint is a cooperative purchasing program that helps facilitate public procurement and is able to provide competitive pricing options due to its collective purchasing power. The procurement under NASPO Agreement consists of a competitive process conducted by a lead agency. Minnesota is assigned as the lead agency for the NASPO Agreement. Under this agreement, the State of California signed the California PA, approving participation for the State, political subdivisions, and other eligible entities, for the term of April 1, 2015 through January 31, 2024. As a political subdivision, the County is allowed to participate in this cooperative agreement.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Bonnie Uphold, Supervising Deputy County Counsel, 387-5455) on October 20, 2023; Purchasing (Jessica Barajas, Supervising Buyer, 387-2065) on October 20, 2023; Risk Management (Victor Tordesillas, Director, 387-8623) on November 6, 2023; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on November 16, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on November 16, 2023.