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Item 13 - Award of Contract to Y&S Tech. for Desktop Computer Replacements Purchase and Svc; RFP 21-014~'.FP~~ AGENDA REPORT CityofPoway l •···• .. ~' ~~ CITY COUNCIL DATE: TO: FROM: CONTACT: SUBJECT: Summary: January 19, 2021 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance Brad Rosen, Assistant Director of Finance Operations (858) 668-4452 or brosen@poway.org Award of Contract to Y&S Technologies for Desktop Computer Replacement Purchase and Services, RFP No. 21-014 The City issued RFP No. 21-014 for the purchase of new business class personal desktop computers and imaging and delivery services. The replacement of personal computers at all City locations will provide up-to-date technology, improve reliability, and enhance user productivity, support and system security. Recommended Action: It is recommended that the City Council award the agreement for desktop computer replacement purchase and services, RFP No. 21-014, to Y&S Technologies in the amount of $208,148.04. Discussion: The practice of standardizing personal (PC) computer hardware and software platforms has been in place in the City since 2007. Under this initiative, the City replaces all personal computers with new models in several optimized, standard configurations. The replacement program is budgeted to ensure that technology standards are maintained by funding the replacement of personal computers throughout the organization every four years and monitors e{.Jery eight years, consistent with industry best practices. The PC's were last replaced in 2016 and are now ready to be replaced again. This process saves the City time and money on maintaining and troubleshooting computers and improves productivity and system security. It also ensures consistency in developing staff readiness through standardized training and skill development and provides cost efficiencies in procurement and budgeting. In November 2020, the City issued a Request for Proposals (RFP) for desktop personal computers. The purpose of this request is to select a qualified hardware vendor that will supply and image replacement PC's in accordance with the City's standards. 1 of 24 January 19, 2021, Item #13 The RFP was advertised locally, posted to the City website, and e-mailed to desktop PC manufacturers and resellers. Five firms responded to the City's RFP. Their proposals were evaluated based on responsiveness to the RFP requirements, which included detailed hardware specifications, accessories, imaging services, and total cost including delivery. Through this evaluation, staff established the following vendor list of five resellers who met the requirements of the RFP. Y&S Technologies Lenovo $208,148.04 Insight Hewlett Packard $247,732.15 Hypertech Direct Dell & Lenovo mix $269,903.18 SHI Dell $276,653.97 MRC Smart Technology Solutions Dell $317,083.44 * based on estimated number of units from RFP Information Technology staff reviewed the proposals and tested the hardware supplied by the lowest cost vendor. Staff selected Y&S Technologies, with a proposal to supply Lenovo personal desktop computers, as the most qualified competitive bid. Cost for 235 standard systems, six performance systems, associated hardware and four-year warranty is $208,148.04. The selected proposal is approximately $23,400 less than what was budgeted for this project. Under this agreement, per unit pricing is extended six months and the City may purchase additional units as needed. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is sufficient funding available in the Fiscal Year 2020-21 Capital Replacement Equipment Fund budget (115010-61212) for this purchase. Public Notification: None. Attachments: A. Standard Agreement for Services with Y&S Technologies Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of24 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager January 19, 2021, Item #13 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 20th day of January, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Y&S Technologies (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to procure desktop computers and imaging services; WHEREAS, Consultant is an authorized reseller of business class desktop personal computers and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination 1 3 of24 ATTACHMENT A January 19, 2021, Item #13 for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant 4of24 2 January 19, 2021, Item #13 represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: 1:8'.1 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 5 of24 3 January 19, 2021, Item #13 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For 6 of24 4 January 19, 2021, Item #13 Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. (c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. 7 of24 5 January 19, 2021, Item #13 City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 8 of24 6 January 19, 2021, Item #13 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of24 7 January 19, 2021, Item #13 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:------------Chris Hazeltine, City Manager Date: __________ _ ATTEST: Vaida Pavolas, City Clerk APPROVED AS TO FORM: By:------------- Alan Fenstermacher, City Attorney 10 of 24 Y&S Technologies 8 By:------------ Saul Finck, Director of Sales Date: ___________ _ January 19, 2021, Item #13 A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to procure the items as detailed in the response to RFP 21-014. The desktop computers will match the specifications in the Y&S Technologies proposal dated December 5, 2020 under Standard Configuration Desktops with Vpro Option. Computers will be imaged as required before delivery to the City. The Y&S Technologies Proposal, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. The City may purchase additional units at the same quoted price for a period of six months after the signing of the agreement. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Proposal submitted with the quote dated December 5, 2020, which is included in this document as Attachment 1. Total fee is not to exceed total contract amount of $208,148.04. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. C. Term of Agreement. This Agreement shall be effective from the period commencing January 20, 2021, and ending December 31, 2021, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant is not required to provide insurance as this is a hardware purchase and there will be no work onsite. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 11 of 24 City of Poway P.O. Box 789 Poway, CA 9207 4 Y&S Technologies 9810 Rosemont Ave Ste 207 Lone Tree, CO 80124 January 19, 2021, Item #13 ATTACHMENT 1 J7&S techn~l~ies 12/05/2020 CITY OF POWAY SoluUons that drive results REQUEST FOR PROPOSALS Desktop Computer Replacement RFP 21-014 November 2020 Lawrence Brillon IT Analyst -City of Poway Phone: (85 8) 668-445 5 Email: Ibrillon@poway.or Proposal Dear Lawrence, After extensive research we are providing a solution from Lenovo. Lenovo is the leading PC and Server/ Hardware manufacture in the world. For the past twenty eight quarters they have highest growth rate of any major PC manufacture in the world. In addition their US headquarters is located in Raleigh North Carolina and all tech supp01i is handled by US technicians out of Atlanta, Ga. In addition, Lenovo has acquired very large and prestigious accounts, including the NYC Board of Education (largest school district in the country), Clark County School District (Las Vegas) and United Nations Etc. Standard Configuration Desktops Non V pro Option For the quantity 235 Standard Configuration desktops we are offering the Lenovo MFR#l lDUCTOlWWd Desktop TC M70q Tiny that meets or exceeds the specifications requested. The full specifications are below. Specifications are per unit. 11DUCTO1WWd Lenovo Desktop TC M70q_lntel H470_Tiny_ES_R 235 Country/Region USA Preload Type Custom Image Preload OS Windows 10 Pro 64 Pre load Language Cl_ WlO P64-ENG Platform Tiny H470 Processor Intel Core i7-10700T Processor (16MB Cache, up to 4.40GHz with Turbo Boost) DIMM Memory 16GB DDR4 2933MHz SoDIMM Second Storage Selection 256GB SSD M.2 2280 NVMe TLC OP Graphics Integrated Graphics Ethernet Integrated Ethernet Internal Speakers Internal Speaker 12 of 24 t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech.com 383 Ki ngston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13 Y&S techne;lr:~gies Solutions that drive results Keyboard USB Traditional Keyboard Black English Power Adapter 135W adapter Default use Port 1 Front use-c Port, 1 Front use Port, 4 Rear USB Ports Wireless LAN Intel Wi-Fi 6 AX201 2x2 AX, Bluetooth Version 5.1 vPro Tool-less for Open Chassis Tool-less for Open Chassis Publication Publication-English Bulk Package Bulk Package without ODD-80 in 1 Tiny Absolute BIOS Selection BIOS Absolute Enabled ITC Custom Image Type STANDARD_IMAGE_ITC Premier Asset Tag Premier Support Asset Tag Mouse USB Calliope Mouse Black Memory_DPK_DERIVE DT&AIO_GT 8G & LT E to 16G HDD DPK Derive DT_GT 128 LT 2T SSD or SSD+HDD CPU DPK Derive Pro Other CPU RDVD Type NO _RDVD _ TYPE CPU Type COR E_l7 _lOGEN KB TYPE USB Tradit ional KB BK Platform type TINY Thermal Thermal Kit 35W Tiny Package No Package OS DPK WlO Pro DPK TYPE Win10 Pro DPK Warranty 4Y Onsite NBD Standard Configuration Desktops with Vpro Option For the quantity 235 Standard Configuration desktops with Vpro we are offering the Lenovo MFR# llDGCTOlWWd Desktop TC M90 Tiny that meets or exceeds the specifications requested. The full snecifications are below. Specifications are per unit. llDGCTOlWW Lenovo Desktop TC M90q_lntel Q470_Tiny_ES_R 1 Country/Region USA Preload Type Custom Image Preload OS Windows 10 Pro 64 Pre load Language Cl_ WlO P64-ENG Platform Tiny Q4 70 Processor Intel Core i7-10700T Processor vPro (16MB Cache, up to 4.40GHz with Turbo Boost) DIMM Memory 16GB DDR4 2933MHz SoDIMM Second Storage Selection 256GB SSD M.2 2280 NVMe TLC OP Graphics Integrated Graphics Ethernet Integrated Ethernet 13 of 24 t (718) 473-0284 f (718) 360-9627 e i nfo@yandstech.com w yandstech .com 383 Kingston Ave, St e 35 7 Brooklyn, NY 11213 January 19, 2021, Item #13 Y&S techn"-;;l~gies SoluUons that drive results Internal Speakers Internal Speaker Keyboard USB Traditional Keyboard Black English Mouse USB Calliope Mouse Black Power Adapter 135W adapter Default USB Port 1 Front USB-C Port, 1 Front USB Port, 4 Rear USB Ports Wireless LAN Intel Wi-Fi 6 AX201 2x2 AX, Bluetooth Version 5.1 vPro Tool-less for Open Chassis Tool-less for Open Chassis Publication Publication-English Bulk Package Bulk Package without 000-80 in 1 Tiny Absolute BIOS Selection BIOS Absolute Enabled ITC Custom Image Type STANDARD_IMAGE_ITC Custom Asset Tag ESSENTIAL_ASSET _ TAG Modern Standby Modern Standby Enabled Memory_DPK_DERIVE DT&AIO_GT 8G & LT E to 16G HDD DPK Derive DT_GT 128 LT 2T SSD or SSD+HDD CPU DPK Derive Pro Other CPU HDD1_ Type NONE HDD2_ Type M.2 SSD Card OPAL HDD3_Type None ESLABEL Energy Star RDVD Type NO_RDVD_TYPE China Energy Categogy None CPU Type CORE_l7 _VPRO_10GEN KB TYPE USB Traditional KB BK Platformtype TINY Thermal Thermal Kit 35W ILM Tiny Package No Package Adapter Adapter for Tiny OS DPK W10 Pro DPK TYPE WinlO Pro DPK S5 WARRANTY 4Y Onsite Optional USB DVD Drive We are offering an optional USB DVD Lenovo MFR# 4XA0E97775 ThinkPad UltraSlim USB DVD Burner Integrated Computer/ Monitor Stand: For the quantity 18 Integrated Computer / Monitor Stand: we are offering the Lenovo MFR# 4XF0L 72015 ThinkCentre Tiny In One Single Monitor Stand. Compatible with the Dell P2717H monitor t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech.com 14 of 24 383 Kingston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13 Y&S techn ~lej gies Solu6ons that drive results Dual VESA Mount For the quantity 16 Dual VESA Mount we are offering the Lenovo ThinkCentre Tiny VESA Mount II MFR# 4XF0N03161 for easy and quick installation to the back of the monitor. Performance Configuration Desktops For the quantity 6 Performance Configuration desktops we are offering the Lenovo MFR# 30DECTO1 WWd Workstation TS P340 Tiny that meets or exceeds the specifications requested. The full specifications are below. Specifications are per unit. 30DECTOlWWd Lenovo Workstation TS P340 Tiny(Base) R 1 Country/Region USA Preload Type Custom Image Preload OS Windows 10 Pro 64 Pre load Language Cl_ Wl0 P64-ENG Platform Tiny Q470 Processor Intel Core i9-10900T Processor vPro {20MB Cache, up to 4.50GHz with Turbo Boost) DIMM Memory 32GB DDR4 2933MHz SoDIMM Storage Selection 512GB Solid State Drive, M.2 2280, PCle-NVMe, TLC, Opal 2.0 Graphics NVIDIA Quadro PlOO0 4GB {4xMini DP) Tiny Ethernet Integrated Ethernet Internal Speakers Internal Speaker Keyboard USB Traditional Keyboard Black English Mouse USB Calliope Mouse Black Power Adapter 170W adapter Wireless LAN Intel Wi-Fi 6 AX2012x2 AX, Bluetooth Version 5.1 vPro Tool-less for Open Chassis Tool-less for Open Chassis Publication Publication-English Absolute BIOS Selection BIOS Absolute Enabled ITC Custom Image Type STANDARD_IMAGE_ITC Custom Asset Tag ESSENTIAL_ASSET _ TAG Memory_DPK_DERIVE DT&AIO_GT 16G HOD DPK Derive DT_GT 128 LT 2T SSD or SSD+HDD CPU DPK Derive Pro High End CPU RDVD Type NO_RDVD_TYPE CPU Type CORE_19_VPR0_10GEN KB TYPE USB Traditional KB BK Platformtype TINY WS Thermal Thermal Kit 35W Tiny Package PKG Tiny w/o ODD-WW 15 of 24 t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech.com 383 Kingston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13 Y&S technCJ l CJgies Solutions that drive results Adapter Adapter for Tiny OS DPK WlO Pro HE DPK WW DPK TYPE WinlO Pro High End DPK WARRANTY 4Y Onsite NBD Warranty Care Pack We are including with all our desktops a 4 year onsite next business day warranty. Optional Warranty with Premier Service We are offering an optional 4-year NBD onsite warranty with premier sen;ice. Premier service is where you receive level 2 support with one case manager for your entire claim. maging We are providing Imaging as requested. Inside Delivery We are providing as requested. Optional Unboxing of equipment We are providing the unboxing of the equipment as an option. 16 of 24 t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech.com 383 Kingston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13 ~Stechn(;;f(;;gies Solutions that dn"ve results Pricing Option 1 (Non Vpro for the Standard Configuration) QTY Part Number Description Price Each EXT Price 235 llDUCTOlWWd Lenovo M70q Non Vpro. $769.00 $180,715.00 Specifications above ThinkCentre Tiny In One 18 4XF0L72015 Single Monitor Stand. $114.00 $2,052.00 Compatible with the Dell P2717H monitor Lenovo ThinkCentre Tiny 16 4XF0N03161 VESA Mount II for easy and $12.49 $199.84 quick installation to the back of the monitor. 6 30DECTO1WWd Lenovo Workstation TS P340 $1,310.00 $7,860.00 Tiny. Specifications above. 4-year onsite 4-year onsite NBD Warranty $0.00 Included $0.00 Included 241 NBD Warranty in the build in the build 241 Imaging Imaging $0.00 Included $0.00 Included in the build in the build 1 Inside Delivery Inside Delivery $0.00 Included $0.00 Included Tax 7.75% $14,789.08 Total Price $2052615.92 17 of 24 t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech.com 383 Kingston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13 Y&S techn(;l CJ gies Solutions that dn've results Pricing Option 2 (Vpro for the Standard Confieuration) QTY Part Number Description Price Each EXT Price 235 llDGCTOlWWd Lenovo M90q V pro. $779.00 $183,065.00 Specifications above ThinkCentre Tiny In One 18 4XF0L720l5 Single Monitor Stand. $114.00 $2,052.00 Compatible with the Dell P2717H monitor Lenovo ThinkCentre Tiny 16 4XF0N03161 VESA Mount II for easy and $12.49 $199.84 quick installation to the back of the monitor. 6 30DECTO1WWd Lenovo Workstation TS P340 $1,310.00 $7,860.00 Tiny. Specifications above. 4-year onsite 4-year onsite NBD Warranty $0.00 $0.00 Included 241 NBD Warranty Included in in the build the build 241 Imaging Imaging $0.00 $0.00 Included Included in in the build the build 1 Inside Delivery Inside Delivery $0.00 $0.00 Included Included Tax 7.75% $14,971.20 Total Price $2082148.04 t (718) 473-0284 f (718) 360-9627 e i nfo@yandstech.com w yandstech.com 18 of 24 383 Kingston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13 Y&S techn f.;l~ies Solutions that drive results Optional Pricing QTY Part Number Description Price Per Unit 1 4-year Premier 4-year Premier Support $17.99 Support 1 4XA0E97775 ThinkPad UltraSlim USB DVD $49.00 Burner l Un boxing of Unboxing of equipment $9.49 equipment Datasheets Y &S has provided datasheets for all items we are suggesting. Contact Info for Warranty Support For support, the district can contact our customer Service Dept. The Phone number for our Customer support is #888-491-8910. Price Valid Our price is valid for 12 months. Insurance Y &S Technologies maintains all required commercial insurance policies and will be more than happy to provide proof of insurance if City requests it. Terms and Conditions Y&S accepts all terms and conditions of the bid. t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech.com 19 of 24 383 Kingston Ave, Ste 35 7 Brooklyn, NY 11213 January 19, 2021, Item #13 Y&S techn ~l~gies Solutions that drive results Y &S References Y&S has provided solutions like this throughout the country. Here are a few references for your convenience. 1) San Diego International Airport, San Diego CA. We have sold them over 375 Lenovo tiny's in March of 2020 worth over $225,000. Point of contact is Christina Vasquez who can be reached at PH# 619.400.2496 or by email at cvasquez@san.org 2) Cumberland County Schools. Fayetteville, NC. 4th largest school system in the state and 78th in the country. We have sold them over 28,000 Lenovo l00e Chromebooks, 500 L390 laptops and over 1,200 M920z desktops, from November 2018 through today's date, and currently have an ongoing contract. Point of contact is Mike Anderson Purchasing Officer who can be reached at PH# 910-678-2384 Email mikeanderson@ccs.kl2.nc.us 3) Community College of Denver, Denver CO. We have sold the over $1,000,000 Worth Of lenovo equipment in the last 3 years and are currently in the process of supplying an additional $200,000 worth of Lenovo Computers, Laptops, and workstations. The point of Contact is Chris Arcarese who can be reached at (303) 352-3032 Chris.Arca rese@ccd .ed u 4) Bridgeport Public Schools, Bridgeport CT (Largest School District in CT). We have provided over 8000 Chromebooks 400 Workstations with White Glove, Laser Etching and installation services in the last 2 years' worth $3,000.000, Point of contact is Jeffrey M. Postolowski Sr who is the Director of Information Technology. Ph #(203) 275 -1137, E-mail jpostolowski@bridgeportedu.net S) West Haven Board of Education, West Haven CT. We have pro.ived over 5000 Lenovo lO0e chromebooks, 300 Lenovo desktops with full white glove services, warranties, imaging, and 159 Aver charging carts. Worth over $2,000,000. The point of contact is Jeff Tagliatela, Jeff can be reached at PH# 203-868-9779 E-mail jeft@whschools.org. 6} North County Transit District, Oceanside, CA. We have sold over $80,000 worth of Lenovo computers in the last 2 years. Point of contact is Patty Hise, IT Coordinator who can be reached at PH# 760.966.6369 or via email at phise@nctd.org Point of Contact Saul Finck will be your point of contact for this contract and will assist the City and its personnel in any matters related to this contract. Saul's Contact Information is as follow s: Ph #718-473-0284 EXT 203 . E-mail Saul@yandstech.com Delivery Y &S with Lenovo estimated delivery to be 18 days ARO. 20 of 24 t (718) 473-0284 f (718) 360-9627 e info@yandstech .com w yandstech.com 383 Kingston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13 Y&S techn Cj lCj gies Solutions that dn've results Brief History of our Company Y &S Technologies have been in business for over fourteen years with our primary focus on the education and Government sector. Our senior staffs have over 40 years of combined experience, selling and servicing the academic and Government market. Y & S Technologies was established in the midst of the worst recession since the Great Depression. We have not only survived, but we have grown our business every year by a minimum of 20%. We offer our customers highly competitive solutions, the best products at the best prices and a high level of service and support. These directly contribute to our successful and expanding business. If you should need any furiher information please feel free to contact me at your earliest convenience. Thanking for the oppor1tmity. Saul Finck ~ Y&S Technologies 21 of 24 t (718) 473-0284 f (718) 360-9627 e info@yandstech.com w yandstech .com 383 Ki ngston Ave, Ste 357 Brooklyn, NY 11213 January 19, 2021, Item #13 EXHIBIT "B" Cal Gov Code § 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act o/2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 22 of 24 (l)Notwithstanding subdivision ( c ), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. January 19, 2021, Item #13 (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. 3 23 of 24 January 19, 2021, Item #13 (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System 11 who is assigned to .serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes Amendments: Note- Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (t)(l) and (t)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (t)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 4 24 of 24 January 19, 2021, Item #13