HomeMy WebLinkAbout2023/10/04-Regular City Council MeetingCITY COUNCIL VISION STATEMENT
“Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for
all to thrive by building on our foundation and success as a world class community.”
Page 1
Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Ashley Stickler
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
October 4, 2023
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY- SUCCESSOR AGENCY –
PUBLIC FINANCE AUTHORITY
CLOSED SESSION
REGULAR MEETINGS
TAPIA CONFERENCE ROOM
COUNCIL CHAMBERS
4:30 P.M.
7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers
located at 10500 Civic Center Drive. It is the Intent to conclude the meeting by 10:00 p.m. unless extended by the
concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found
at https://www.cityofrc.us/your-government/city-council-agendas or by contacting the City Clerk's Office at 909-774-
2023. Live Broadcast available on Channel 3 (RCTV-3). For City Council Rules of Decorum refer to Resolution No.
2023-086.
Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the
agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall
located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on
the City’s website at https://www.cityofrc.us/your-government/city-council-agendas.
CLOSED SESSION – 4:30 P.M.
TAPIA CONFERENCE ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A.ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B.PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C.CITY MANAGER ANNOUNCEMENTS
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CITY COUNCIL VISION STATEMENT
“Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for
all to thrive by building on our foundation and success as a world class community.”
Page 2
D.CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8
FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730
(RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA
COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO
BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT. (CITY)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8
FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090-331-03-
0000, 1090-331-04-0000, 1089-581-04-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY
AND VINEYARDS; REGARDING PRICE AND TERMS. (CITY)
D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8;
PROPERTY: 8592 BALDY VISTA DRIVE, RANCHO CUCAMONGA, CALIFORNIA; CITY NEGOTIATOR:
JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: QUALITY LOAN SERVICE CORP;
UNDER NEGOTIATION: PRICE. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION
PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: (1
CASE) (CITY)
D5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE:
CITY MANAGER)
E.RECESS
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CITY COUNCIL VISION STATEMENT
“Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for
all to thrive by building on our foundation and success as a world class community.”
Page 3
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A.AMENDMENTS TO THE AGENDA
B.ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of a Certificate of Recognition to Principal Kimberly Pollock for the Prestigious Award of Terra
Vista Elementary School being Designated as a National Blue Ribbon School.
B2. Presentation of a Proclamation to the Industrial Technical Learning Center (InTech) Declaring the Month of
October 2023 as Manufacturing Month.
C.PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the Fire Protection District, Housing
Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any
item listed or not listed on the agenda. State law prohibits us from addressing any issue not on the
Agenda. Testimony may be received and referred to staff or scheduled for a future meeting.
Comments are to be limited to three (3) minutes per individual. All communications are to be addressed
directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members
of the audience. This is a professional business meeting and courtesy and decorum are expected. Please
refrain from any debate between audience and speaker, disorderly or boisterous conduct that disturbs,
disrupts, or otherwise impedes the orderly conduct of the meeting. For more information, refer to the City
Council Rules of Decorum and Order (Resolution No. 2023-086) located in the back of the Council
Chambers.
The public communications period will not exceed one hour prior to the commencement of the
business portion of the agenda. During this one hour period, all those who wish to speak on a topic
contained in the business portion of the agenda will be given priority, and no further speaker cards for these
business items (with the exception of public hearing items) will be accepted once the business portion of the
agenda commences. Any other public communications which have not concluded during this one hour period
may resume after the regular business portion of the agenda has been completed
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CITY COUNCIL VISION STATEMENT
“Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for
all to thrive by building on our foundation and success as a world class community.”
Page 4
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon
without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with
the City Council consent calendar.
D.CONSENT CALENDAR
D1. Consideration of Meeting Minutes for Regular Meetings of September 6, 2023 and Adjourned Regular Meetings
of September 19, 2023.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,043,844.43 and City
and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in
the Total Amount of $8,833,022.26 Dated September 11, 2023, Through September 24, 2023. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern
California Gas Company in the Total Amount of $409.51 Dated September 11, 2023, Through September 24,
2023. (CITY/FIRE)
D4. Consideration of Amendment No. 006 to the Professional Services Agreement with Inland Empire Property
Services, Incorporated for Weed and Fire Hazard Abatement Services in the Amount of $35,000. (FIRE)
D5. Consideration of Amendment No. 6 to the Multi-Use Community Trail Common Use Agreement for the City's
Use of a Portion of the San Bernardino County Flood Control District Day Creek Channel between Base Line
Road and Jack Benny Drive Related to the Construction of the Day Creek Channel Bike Trail Improvements
Project. (CITY)
D6. Consideration to Approve the Use of a Cooperative Agreement with OMNIA Partners for the Purchase of
Computers and Equipment from Dell and Lenovo in the Amount of $255,000. (CITY/FIRE)
D7. Consideration to Approve a Two-Year Agreement with iLand, Inc., in the Amount of $84,840, for Cloud Backup
Storage. (CITY)
D8. Consideration of an Appropriation in the Amount of $203,100 and Approval to Purchase Transformers From
Anixter Power Solutions in the Amount of $203,100. (CITY)
D9. Consideration of a Contract with San Marino Roof Co. for the Emergency Roof Replacement at the Chaffey-
Garcia House and the Appropriation of Funds in an Amount Not to Exceed $114,400. (CITY)
D10. Consideration to Approve and Adopt Resolutions Certifying the Results of Elections and Adding Annexation
No's. 2023-7, and 2023-8 to Community Facilities District No. 2022-01 (Street Lighting Services) of the City of
Rancho Cucamonga. (RESOLUTION NOS. 2023-107 AND 2023-108) (CITY)
E.CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
F.ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of a Resolution Adopting The City of Rancho Cucamonga Economic Development Strategy. This
Item is Exempt from the California Environmental Quality Act Under CEQA Section 15061(b)(3).
(RESOLUTION NO. 2023-106) (CITY)
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17
25
27
29
36
293
303
305
307
319
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CITY COUNCIL VISION STATEMENT
“Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for
all to thrive by building on our foundation and success as a world class community.”
Page 5
G.ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT
H.CITY MANAGER'S STAFF REPORT(S)
I.COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2. INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended.)
J.CITY ATTORNEY ITEMS
K.IDENTIFICATION OF ITEMS FOR NEXT MEETING
L.ADJOURNMENT
CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty
of perjury that a true, accurate copy of the foregoing agenda was posted on at least seventy-two (72) hours prior to the meeting per
Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's
office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
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September 06, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga | Page 1 of 6
September 06, 2023
CITY OF RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,
PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES
The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, September
06, 2023, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho
Cucamonga, California. Mayor Michael called the meeting to order at 5:00 PM.
Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne
Kennedy and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; Nicholas Ghirelli,
City Attorney; Matt Burris, Deputy City Manager/Economic and Community Development and Julie
Sowles, Deputy City Manager/Civic and Cultural Services.
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE,
RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM);
AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE
CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC;
REGARDING PRICE AND TERMS OF PAYMENT. (CITY)
D2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9;
NAME OF CASE: CITY OF RANCHO CUCAMONGA V. BNSF RAILWAY COMPANY, SBSC
CASE NO.: CIVSB2305412. (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9;
NAME OF CASE: CITY OF RANCHO CUCAMONGA V. TOWER OF POWER
CORPORATION, ET AL., SBSC CASE NO.: CIVSB2110388. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF
RANCHO CUCAMONGA V. TOVEY/SHULTZ, INC., ET AL., SAN BERNARDINO
SUPERIOR COURT, CASE NO. CIVSB 2127516 (CITY)
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D5. CONFERENCE WITH LEGAL COUNSEL; EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(A); CRANEVEYOR CORP. V. CITY OF
RANCHO CUCAMONGA; U.S. DISTRICT COURT FOR THE CENTRAL DISTRICT OF
CALIFORNIA, CASE NO. 5:21-CV-01656-SP; NINTH CIRCUIT COURT OF APPEALS
CASE NO. No. 22-55435. (CITY)
E. RECESS
The closed session recessed at 6:45 p.m.
REGULAR MEETING – 7:00 PM
CALL TO ORDER – COUNCIL CHAMBERS
The Regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency,
Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held
on September 06, 2023, in the Council Chambers at City Hall, located at 10500 Civic Center Drive,
Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 PM.
Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne
Kennedy and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Linda A. Troyan,
MMC, Director of City Clerk Services.
Mayor Pro Tem Kennedy led the Pledge of Allegiance.
A. AMENDMENTS TO THE AGENDA
City Clerk Services Director Linda Troyan noted a revision to item D14 on the Consent Calendar to
include an appropriation of funds. The revised Staff Report was distributed to the City Council and made
available to the public. City Clerk Services Director Troyan also noted that the Resolution number
assigned to item D15 needs to be revised and should be Resolution Number 2023-102.
B. ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of Proclamations of Recognition to Library Board of Trustees Members Kristen
Murrieta-Morales and Janet Temkin for their Service to the Rancho Cucamonga Public Library.
Kristen Murrieta-Morales, accepted the Proclamation. The Proclamation for Janet Temkin will be mailed to
her.
B2. Presentation of a Proclamation Declaring September 2023 as National Senior Center Month.
Jennelle Markel, Community Services Coordinator – Seniors Division, accepted the Proclamation.
B3. Presentation of a Proclamation Declaring September 22, 2023, as Native American Day.
Vanessa Brierty, District Director with the Office of Assemblymember James Ramos, accepted the
Proclamation.
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B4. Presentation of San Bernardino County Transportation Authority Small Business to Business
Event.
Monique Arellano, Chief of the Council of Governments and Equity Programs, and Tim Watkins, Chief of
Legislative and Public Affairs, provided a presentation on the benefits and opportunities available to small
and large businesses at the Small Business to Business annual event and encouraged the city’s
participation.
C. PUBLIC COMMUNICATIONS
Bill Kaufman, spoke about current cannabis legislation and requested advice from the city on possible
cannabis dispensary site opportunities in the city.
Heather Rawlings Polk, Executive Director, Rancho Cucamonga Chamber of Commerce, thanked the City
for its partnership and support for the business community.
Philip E. Walker, spoke about the success of a short film produced in the city and the 100 Films Retreat
program; thanked the city for their support; and inquired about the Juneteenth holiday request he submitted
to the city.
Lance Asbra, offered a prayer.
D. CONSENT CALENDAR
Council Member Scott announced that she will need to abstain on item D3, due to a potential conflict of
interest as her employer is Southern California Gas Company.
D1. Consideration of Meeting Minutes for Regular Meetings of August 16, 2023 and Special Joint
City Council and Planning Commission Meeting of August 16, 2023.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of
$4,079,849.90 and City and Fire District Weekly Check Registers (Excluding Checks Issued
to Southern California Gas Company) in the Total Amount of $10,924,366.29 Dated August
08, 2023, Through August 27, 2023, and City and Fire District Electronic Debit Registers for
the Month of July in the Total Amount of $8,799,633.73. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued
to Southern California Gas Company in the Total Amount of $10,585.98 Dated August 08,
2023, Through August 27, 2023. (CITY/FIRE)
D4. Consideration to Accept Grant Revenue in the Amount of $77,235 from the Edward Byrne
Memorial Justice Assistance Grant (JAG) for Fiscal Years 2020, 2021 and 2022 and
Authorize Appropriation of these Funds and $1,000 from Law Enforcement Reserve Funds
to Purchase Equipment for the Rancho Cucamonga Police Department. (CITY)
D5. Consideration to Appropriate Grant Revenue in the Amount of $45,000 Awarded by the
ASPCA for the Purchase of Large Animal Disaster Response Equipment and Supplies.
(CITY)
D6. Consideration of the Purchase of Holmatro Electric Extrication Rescue Tools in the Amount
of $104,890 from Western Extrication Specialist, Inc.as a Single Source Vendor. (FIRE)
D7. Consideration to Approve a Professional Services Agreement with AudienceView for
Ticketing Services in the Amount of $55,000 Plus a 10% Contingency for the Lewis Family
Playhouse and Randall Lewis Second Story and Beyond® Services. (CITY)
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D8. Consideration to Approve a One-Year Extension of a Professional Services Agreement with
Central Square, Inc. for Maintenance and Support in the Amount of $141,915. (CITY)
D9. Consideration to Approve a Three-Year Support and Maintenance Agreement with HLP Inc.
in the Amount of $107,530. (CITY)
D10. Consideration to Approve an Extension of an Agreement for Professional Services with
Palmer Consulting for Project Management Services in the Amount of $85,000. (CITY)
D11. Consideration of Amendment No. 1 to the Professional Services Agreement with Brodart Co.
(Contract No. 2019-168) for Materials Acquisitions Services in an Amount Not to Exceed
$450,000. (CITY)
D12. Consideration of a Power Purchase Agreement with VS HW NAPA A, LLC to Purchase the
Renewable Energy and Capacity from the Proposed Solar Photovoltaic Project, Located at
13160 Napa Street, Rancho Cucamonga, California for a Total of 3 Megawatts and
Authorizing the City Manager or His Designee to Sign the Power Purchase Agreement,
Operating Memorandum and Any Related Documents. (CITY)
D13. Consideration of a Power Purchase Agreement with VS BI 4th St RCMU, LLC to Purchase
the Renewable Energy and Capacity from the Proposed Solar Photovoltaic Project, Located
at 12434 Fourth Street, Rancho Cucamonga, California for a Total of 3 Megawatts and
Authorizing the City Manager or His Designee to Sign the Power Purchase Agreement and
Any Related Documents. (CITY)
D14. Consideration of Amendment No. 1 to the Professional Services Agreement with
Environment Planning Development Solutions, Inc. for Environmental Compliance Services
for Cucamonga Canyon and the Morgan Ranch Trailhead to the Scope of Work. (CITY/FIRE)
D15. Consideration of a Resolution Establishing a 25 Miles Per Hour Speed Limit on Hermosa
Avenue between Hamilton Street and Victoria Street. This Item is Exempt from the California
Environmental Quality Act Pursuant to CEQA Guidelines Section 15061(b)(3).
(RESOLUTION NO. 2023-102) (CITY)
D16. Consideration of a Resolution Adopting the Measure I Five-Year Capital Project Needs
Analysis covering Fiscal Years 2024/2025 Through 2028/2029. (RESOLUTION NO. 2023-
099) (CITY)
D17. Consideration of a Resolution Adopting a Generating Facility Interconnection Electric Service
Rule to the Rancho Cucamonga Municipal Utility’s Rules and Regulations. (RESOLUTION
NO. 2023-100) (CITY)
D18. Consideration of a Resolution Adopting Parking Restrictions at Parks and
Recreational Trails and Making a Finding of Exemption From the California
Environmental Quality Act (CEQA) Pursuant to Section 15061(b)(3) of the CEQA
Guidelines. (RESOLUTION NO. 2023-101) (CITY)
D19. Consideration to Adopt a Resolution Approving an Update to the Rancho Cucamonga Fire
Protection District Personnel Rules and Regulations and the Manual of Operations -
Employee Performance Evaluation, Amending the Firefighter Probationary Period.
(RESOLUTION NO. FD 2023-038) (FIRE)
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D20. Consideration of a Resolution Declaring Support for Brightline West and the Nevada
Department of Transportation's Federal-State Partnership for Their Intercity Passenger Rail
Grant Application to the United States Department of Transportation. (RESOLUTION NO.
2023-103) (CITY)
MOTION: Moved by Council Member Hutchison, seconded by Council Member Stickler, to approve the
Consent Calendar Agenda items D1 through D20, with Council Member/Board Member Scott abstaining
on item D3. Motion carried 5-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
None.
F. ADMINISTRATIVE HEARING ITEM(S)
None.
G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT
G1. Public Hearing for Consideration to Approve the Community Development Block Grant
(CDBG) Program Year 2022-2023 Consolidated Annual Performance and Evaluation Report
(CAPER). (CITY)
City Manager Gillison introduced Flavio Nuñez, Management Analyst II, who gave a PowerPoint
presentation and reviewed the components of reporting plans, citizen participation and highlights of
accomplishments for the 2022/2023 program year.
Mayor Michael opened the Public Hearing.
There were no public communications.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Mayor Pro Tem Kennedy , seconded by Council Member Scott, to approve the
Community Development Block Grant (CDBG) Program Year 2022-2023 Consolidated Annual
Performance and Evaluation Report (CAPER); determine that the action is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the CEQA Guidelines and authorize
City Manager or their designee to submit the Report to the U.S. Department of Housing and Urban
Development (HUD). Motion carried 5-0.
H. CITY MANAGER'S STAFF REPORT(S)
H1. Fire District Staffing and Response Planning (FIRE)
City Manager Gillison introduced Mike McCliman, Fire Chief, who gave a PowerPoint presentation for item
H1. Fire Chief McCliman reviewed the implementation of Two Battalion System, current service delivery,
battalion chief responsibilities, implementation timeline, and budgetary impacts.
Discussion ensued on measuring the effectiveness of the new Battalion Staffing System.
MOTION: Moved by Council Member Stickler, seconded by Council Member Scott, to approve the hiring
of three additional shift Battalion Chiefs to facilitate and fully implement the staff recommended North and
South geographic Battalions. Motion carried 5-0.
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I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
None.
I2. INTER-AGENCY UPDATES
Mayor Michael reported his attendance at a San Bernardino County Transportation Authority Meeting
(SBCTA) that morning where the board unanimously approved the bid and construction of the Bus Rapid
Transit system, which includes stations in Rancho Cucamonga.
J. CITY ATTORNEY ITEMS
City Attorney Ghirelli reported on Closed Session item D4. The City Council approved and authorized the
City Manager to execute a Settlement Agreement with the three defendants in that case that will result in a
payment of $320,000 in exchange of dismissal of the lawsuit.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
L. ADJOURNMENT - Adjourn to Tuesday, September 19, 2023, at 7:00 p.m.
Mayor Michael adjourned the Council Meeting at 8:02 p.m.
Approved:
Linda A. Troyan, MMC
City Clerk Services Director
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Public Finance Authority and City Council Adjourned Regular Meetings Minutes
City of Rancho Cucamonga | Page 1 of 5
September 19, 2023
CITY OF RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,
PUBLIC FINANCE AUTHORITY AND CITY COUNCIL ADJOURNED REGULAR MEETINGS
MINUTES
The City Council of the City of Rancho Cucamonga held a closed session on Tuesday, September 19,
2023, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga,
California. Mayor Michael called the meeting to order at 5:00 PM.
Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne
Kennedy and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; Nicholas Ghirelli,
City Attorney; Matt Burris, Deputy City Manager/Economic and Community Development and Julie
Sowles, Deputy City Manager/Civic and Cultural Services.
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF
LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT
CODE SECTION 54956.9: (1 CASE) (CITY)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE,
RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM);
AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE
CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC;
REGARDING PRICE AND TERMS OF PAYMENT. (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(D)(1) SOUTHERN CALIFORNIA EDISON
COMPANY V. CALIFORNIA STATE BOARD OF EQUALIZATION ORANGE COUNTY
SUPERIOR COURT CASE NO. 30-2023-01328239-CU-MC-CXC. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL; EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(A); CRANEVEYOR CORP. V. CITY OF
RANCHO CUCAMONGA; U.S. DISTRICT COURT FOR THE CENTRAL DISTRICT OF
CALIFORNIA, CASE NO. 5:21-CV-01656-SP; NINTH CIRCUIT COURT OF APPEALS
CASE NO. No. 22-55435. (CITY)
Page 12 of 404
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D5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO
PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S
INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT,
CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP (CITY)
D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED
AS PARCEL NUMBERS 1090-331-03-0000, 1090-331-04-0000, 1089-581-04-0000;
NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY
OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND
VINEYARDS; REGARDING PRICE AND TERMS. – (CITY)
D7. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9;
NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON
COMPANY, SBSC CASE NO.: CIVSB2201969. (CITY)
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 1089 593 01
0000 COMMONLY KNOWN AS ADDRESS 7150 ETIWANDA, RANCHO CUCAMONGA, CA
91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC
AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO
CUCAMONGA, AND JIM BANKS REPRESENTING ETIWANDA HISTORIC SOCIETY,
REGARDING PRICE AND TERMS. (CITY)
D9. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE
SECTION 54957 (TITLE: CITY MANAGER)
E. RECESS
The closed session recessed at 6:57 p.m.
ADJOURNED REGULAR MEETING – 7:00 PM
CALL TO ORDER – COUNCIL CHAMBERS
The Adjourned Regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor
Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council
were held on Tuesday, September 19, 2023, in the Council Chambers at City Hall, located at 10500 Civic
Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:01 PM.
Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne
Kennedy and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Patricia Bravo-
Valdez, MMC, Deputy Director of City Clerk Services.
Mayor Pro Tem Kennedy led the Pledge of Allegiance.
A. AMENDMENTS TO THE AGENDA
None.
B. ANNOUNCEMENT / PRESENTATIONS
None.
Page 13 of 404
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C. PUBLIC COMMUNICATIONS
Mayor Michael noted that an email was submitted in opposition to the construction of Harvest Complex
Apartments on Foothill and Milliken by Lory Mason and provided to the City Council for tonight’s City Council
Meeting.
Phillip Walker, spoke about a new film named "Sweetest Vacation" and noted that the City of Rancho
Cucamonga is featured in the film.
Charles Nuño, spoke about housing market trends, impacts of an increase in Accessory Dwelling Units
(ADUs), a neighborhood nuisance by an adjacent property to his home and his opposition to current trends
in which single family homes are turning into multi-family homes.
City Manager Gillison referred Mr. Nuño to Community Improvement Manager, Carrie Rios, to address the
neighbor nuisances stated by Mr. Nuño.
D. CONSENT CALENDAR
Council Member Scott announced that she will need to abstain on item D2, due to a potential conflict of
interest as her employer is Southern California Gas Company.
D1. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of
$2,104,794.84 and City and Fire District Weekly Check Registers (Excluding Checks Issued
to Southern California Gas Company) in the Total Amount of $3,020,885.05 Dated August
28, 2023, Through September 10, 2023. (CITY/FIRE
D2. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued
to Southern California Gas Company in the Total Amount of $2,825.08 Dated August 28,
2023, Through September 10, 2023. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of August 31, 2023 for
the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.
(CITY/FIRE)
D4. Consideration of the Purchase of Seven (7) Ford E-Transit Vans, One (1) Ford F-150 Truck,
and One (1) 2-Ton Dump Truck from National Auto Fleet Group via the Sourcewell Contract
in an Amount Not to Exceed $735,000. (CITY)
D5. Consideration of the Purchase of Electrical Supplies in an Amount Not to Exceed $200,000
from Walters Wholesale Electric and Consolidated Electrical Distributors. (CITY/FIRE)
D6. Consideration to approve a three (3) year Professional Services Agreement with Active
Network, LLC., at a 1.56% to 4.42% Service Fee per Transaction for Web-based Program
Registration, Facility Reservation, and Membership Management Services. (CITY)
D7. Consideration of Amendment No. 5 to Contract No. CO 18-066 with AquaBio Environmental
Technologies for Preventive Maintenance and Repair Services for Red Hill Lake and Floating
Island in an Amount Not to Exceed $25,830 during FY 2023/24. (CITY)
D8. Consideration to Accept Public Improvements on the Southwest Corner of Arrow Route and
Hickory Avenue per Improvement Agreement, Related to Design Review DRC2018-00946,
as Complete, File a Notice of Completion, and Authorize Release of Bonds. (CITY)
D9. Consideration of Resolution Authorizing the Attestation of Veracity for the Rancho
Cucamonga Municipal Utility 2022 Power Source Disclosure Annual Report and Power
Content Label. (RESOLUTION NO. 2023-104) (CITY)
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D10. Consideration to Receive and File the Summary of the Public Safety Response to 2022
Holiday Lights Display and Consideration of a Resolution Temporarily Closing Portions of
Thoroughbred and Jennet Streets, West Sapphire Street and East of Turquoise Avenue, and
a Portion of Turquoise Avenue Between Jennet and Thoroughbred Streets, to Pedestrian
Traffic During the Area’s 2023 Holiday Light Display. (RESOLUTION NO. 2023-105) (CITY)
D11. Consideration to Accept and Allocate Grant Revenue in the Amount of $2,500 Awarded by
the California State Library for Zip Books Services. (CITY)
D12. Consideration to Authorize an Expenditure for Professional Land Survey Services by Towill
Pursuant to Professional Services Agreement No. CO19-144 for the Preparation of Tentative
and Final Subdivision Maps for Central Park in the Amount of $117,765 Plus a 10%
Contingency; the Director of Engineering Services to Amend the Agreement to Increase the
Annual Compensation for Fiscal Year 2023/24 to $280,000; and an Appropriation in the
amount of $130,000 from the Park Development Fund (Fund 120). (CITY)
MOTION: Moved by Council Member Hutchison, seconded by Council Member Stickler, to approve the
Consent Calendar Agenda items D1 through D12, with Council Member/Board Member Scott abstaining
on item D2. Motion carried 5-0.
E.CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
None.
F.ADMINISTRATIVE HEARING ITEM(S)
None.
G.ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT
None.
H.CITY MANAGER'S STAFF REPORT(S)
H1. Presentation on the Fleet Utilization Study and Electric Vehicle (EV) Conversion Plan for the
City of Rancho Cucamonga and Rancho Cucamonga Fire Protection District. (CITY/FIRE)
City Manager Gillison introduced Lindsay McElwain, Management Analyst I, who gave the staff report along
with a PowerPoint presentation on the University of Southern California Master of Public Administration
Online Program Graduate Student Capstone Project on fleet utilization and EV conversion.
The City Council commended the collaborative initiative between the Public Works Services Department
and USC's Master of Public Administration Online Program (MPAOL) students and expressed desire to
recognize the USC Master of Public Administration Online Program students with Certificates of
Recognition for their efforts.
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City of Rancho Cucamonga | Page 5 of 5
I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
Council Member Scott reported her attendance at a recent 20 Year Anniversary Fundraiser for Operation
Community Cares, a non-profit organization that helps and supports veterans and their families. She
encouraged the community to support sending care packages to our serving Military through Operation
Community Cares.
I2. INTERAGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
City Attorney Ghirelli reported that he received direction from the City Council to file a Nuisance Abatement
Action on Closed Session item D1. He announced that information regarding the lawsuit will be made
available once it is filed.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
L. ADJOURNMENT
Mayor Michael adjourned the Council Meeting at 7:36 p.m.
Approved:
Linda A. Troyan, MMC
City Clerk Services Director
Page 16 of 404
DATE:October 4, 2023
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Tamara L. Oatman, Finance Director
Veronica Lopez, Accounts Payable Supervisor
SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the
Total Amount of $2,043,844.43 and City and Fire District Weekly Check
Registers (Excluding Checks Issued to Southern California Gas
Company) in the Total Amount of $8,833,022.26 Dated September 11,
2023, Through September 24, 2023. (CITY/FIRE)
RECOMMENDATION:
Staff recommends City Council/Board of Directors of the Fire Protection District approve payment
of demands as presented. Bi-weekly payroll is $1,255,814.65 and $788,029.78 for the City and
the Fire District, respectively. Weekly check register amounts are $8,714,354.63 and
$118,667.63 for the City and the Fire District, respectively.
BACKGROUND:
N/A
ANALYSIS:
N/A
FISCAL IMPACT:
Adequate budgeted funds are available for the payment of demands per the attached listing.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
N/A
ATTACHMENTS:
Attachment 1 - Weekly Check Register
Page 17 of 404
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
9/11/2023 through 9/24/2023
Check No.Check Date Vendor Name City Fire Amount
AP 00016428 09/13/2023 360 DEEP CLEANING LLC 0.00 6,890.00 6,890.00
AP 00016429 09/13/2023 ABSOLUTE SECURITY INTERNATIONAL INC 50,148.65 0.00 50,148.65
AP 00016430 09/13/2023 ASSI SECURITY 165.00 0.00 165.00
AP 00016431 09/13/2023 BUREAU OF RECLAMATION 1,085.21 0.00 1,085.21
AP 00016432 09/13/2023 ELECNOR BELCO ELECTRIC INC 40,358.85 0.00 40,358.85
AP 00016433 09/13/2023 GENTRY BROTHERS INC 1,064,555.71 0.00 1,064,555.71
AP 00016434 09/13/2023 MIDWEST TAPE LLC 4,660.96 0.00 4,660.96
AP 00016435 09/13/2023 RE ASTORIA 2 LLC 126,929.14 0.00 126,929.14
AP 00016436 09/13/2023 SAN BERNARDINO COUNTY SHERIFF'S DEPT 4,132,008.00 0.00 4,132,008.00
AP 00016437 09/13/2023 SAN BERNARDINO COUNTY 20.00 0.00 20.00
AP 00016438 09/13/2023 SHELL ENERGY NORTH AMERICA 600,570.90 0.00 600,570.90
AP 00016439 09/13/2023 US DEPARTMENT OF ENERGY 17,427.03 0.00 17,427.03
AP 00016440 09/20/2023 ASSI SECURITY 808.13 0.00 808.13
AP 00016441 09/20/2023 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 27,029.02 0.00 27,029.02
AP 00016442 09/20/2023 COLLABORATIVE SOLUTIONS LLC 155,831.53 0.00 155,831.53
AP 00016443 09/20/2023 DIAMOND ENVIRONMENTAL SERVICES 107.14 0.00 107.14
AP 00016444 09/20/2023 FEHR & PEERS 3,003.00 0.00 3,003.00
AP 00016445 09/20/2023 GENERATOR SERVICES CO INC 1,685.22 0.00 1,685.22
AP 00016446 09/20/2023 GOD IS THE STAR PRODUCTIONS 20,000.00 0.00 20,000.00
AP 00016447 09/20/2023 RCCEA 1,465.50 0.00 1,465.50
AP 00016448 09/20/2023 RCPFA 13,543.01 0.00 13,543.01
***AP 00016449 09/20/2023 RICHARDS WATSON & GERSHON 80,166.36 4,767.90 84,934.26
AP 00016450 09/20/2023 RIVERSIDE, CITY OF 11,409.00 0.00 11,409.00
AP 00016451 09/20/2023 YUNEX LLC 6,683.00 0.00 6,683.00
AP 00439808 09/13/2023 AJ'S ENTERTAINMENT 7,600.00 0.00 7,600.00
AP 00439809 09/13/2023 ALLSTAR FIRE EQUIPMENT INC 0.00 4,186.34 4,186.34
AP 00439810 09/13/2023 ALPHAGRAPHICS 497.00 0.00 497.00
AP 00439811 09/13/2023 ANDERSON, REBECCA 290.00 0.00 290.00
AP 00439812 09/13/2023 BEE REMOVERS 0.00 495.00 495.00
AP 00439813 09/13/2023 BERN MARIE'S PROMOTIONAL PRODUCTS 691.38 0.00 691.38
AP 00439814 09/13/2023 BIANE BROTHERS 5,500.00 0.00 5,500.00
AP 00439815 09/13/2023 BON AIR INC 355,775.00 0.00 355,775.00
AP 00439816 09/13/2023 BRIGHTLY SOFTWARE INC 16,890.00 0.00 16,890.00
AP 00439817 09/13/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 20,511.00 0.00 20,511.00
AP 00439818 09/13/2023 BRINKS INCORPORATED 3,222.62 0.00 3,222.62
AP 00439819 09/13/2023 BROWNE, KEGAN 100.00 0.00 100.00
AP 00439820 09/13/2023 C V W D 0.00 556.34 556.34
AP 00439821 09/13/2023 C V W D 323.18 0.00 323.18
AP 00439823 09/13/2023 C V W D 24,711.30 0.00 24,711.30
AP 00439824 09/13/2023 CAMERON-DANIEL PC 1,006.50 0.00 1,006.50
AP 00439825 09/13/2023 CAN/AM TECHNOLOGIES INC 67,240.00 0.00 67,240.00
AP 00439826 09/13/2023 CASTANEDA, MIGUEL ANGEL 2,844.00 0.00 2,844.00
AP 00439827 09/13/2023 CHAMPION AWARDS & SPECIALTIES 21.55 0.00 21.55
AP 00439828 09/13/2023 CHAMPION FIRE SYSTEMS INC 2,060.94 0.00 2,060.94
AP 00439829 09/13/2023 CHRISTIAN, FABIEN 70.00 0.00 70.00
AP 00439830 09/13/2023 COAST FITNESS REPAIR SHOP 1,105.87 0.00 1,105.87
AP 00439831 09/13/2023 CORODATA MEDIA STORAGE INC 78.44 0.00 78.44
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Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
9/11/2023 through 9/24/2023
Check No.Check Date Vendor Name City Fire Amount
AP 00439832 09/13/2023 COURVILLE, PAUL RENE 75.00 0.00 75.00
AP 00439833 09/13/2023 D & K CONCRETE COMPANY 21,408.83 0.00 21,408.83
AP 00439834 09/13/2023 DAISYECO INC 95.32 0.00 95.32
AP 00439835 09/13/2023 DAVID, ROMEO 150.65 0.00 150.65
AP 00439836 09/13/2023 DE GUZMAN, CLARENCE 38.73 0.00 38.73
AP 00439837 09/13/2023 DE LA CRUZ, MARILYN 159.45 0.00 159.45
AP 00439838 09/13/2023 DEER CREEK CAR WASH 3,992.00 0.00 3,992.00
AP 00439839 09/13/2023 DEPENDABLE COMPANY INC 30.00 0.00 30.00
AP 00439840 09/13/2023 DESAI, RONAK 4,080.00 0.00 4,080.00
AP 00439841 09/13/2023 EAN SERVICES LLC 0.00 780.39 780.39
AP 00439842 09/13/2023 EMERGENCY MEDICAL PRODUCTS 0.00 1,239.02 1,239.02
AP 00439843 09/13/2023 EXECUTIVE DETAIL SERVICES 0.00 260.00 260.00
AP 00439844 09/13/2023 EXPERIAN 52.00 0.00 52.00
AP 00439845 09/13/2023 FEDERAL EXPRESS CORP 25.05 0.00 25.05
AP 00439846 09/13/2023 FIRE APPARATUS SOLUTIONS 0.00 420.18 420.18
AP 00439847 09/13/2023 FIRSTCARBON SOLUTIONS 15,980.15 0.00 15,980.15
AP 00439848 09/13/2023 FOLKENS, KIMBERLI 143.94 0.00 143.94
AP 00439849 09/13/2023 FRANKLIN TRUCK PARTS INC 0.00 466.69 466.69
AP 00439850 09/13/2023 FUEL SERV 3,991.03 0.00 3,991.03
***AP 00439851 09/13/2023 G/M BUSINESS INTERIORS 2,245.24 608.93 2,854.17
AP 00439852 09/13/2023 GENTRY GENERAL ENGINEERING INC 132.15 0.00 132.15
AP 00439853 09/13/2023 GOLDEN OAKS VET HOSPITAL 400.00 0.00 400.00
AP 00439854 09/13/2023 GOVERNMENTJOBS.COM INC 30,606.55 0.00 30,606.55
AP 00439855 09/13/2023 GRAINGER 953.16 0.00 953.16
AP 00439856 09/13/2023 GRAYBAR ELECTRIC COMPANY INC 1,030.74 0.00 1,030.74
AP 00439857 09/13/2023 GUO, MENG 64.76 0.00 64.76
AP 00439858 09/13/2023 HARRIS, JACOB 97.00 0.00 97.00
AP 00439859 09/13/2023 HE, SHANZHENG 84.03 0.00 84.03
AP 00439860 09/13/2023 HELGESEN, JESSICA 279.00 0.00 279.00
AP 00439861 09/13/2023 HILL & ASSOCIATES INC, TERRY M 19,200.00 0.00 19,200.00
AP 00439862 09/13/2023 HILL'S PET NUTRITION SALES INC 187.48 0.00 187.48
AP 00439863 09/13/2023 HOLLIDAY ROCK CO INC 2,336.02 0.00 2,336.02
AP 00439864 09/13/2023 HOME DEPOT CREDIT SERVICES 597.09 0.00 597.09
AP 00439865 09/13/2023 HOSE-MAN INC 457.52 0.00 457.52
AP 00439866 09/13/2023 HUNT, KAREN 62.95 0.00 62.95
AP 00439867 09/13/2023 IDEXX DISTRIBUTION INC 5.34 0.00 5.34
AP 00439868 09/13/2023 INTERSTATE ALL BATTERY CENTER 1,547.08 0.00 1,547.08
AP 00439869 09/13/2023 INTERVET INC 6,028.61 0.00 6,028.61
AP 00439870 09/13/2023 ITRON INC 9,847.60 0.00 9,847.60
AP 00439871 09/13/2023 JOSEPH, BELL LUKE 87.00 0.00 87.00
AP 00439872 09/13/2023 KILGORE, BARBARA 253.00 0.00 253.00
AP 00439873 09/13/2023 KINGDOM CALIBRATIONS INC 0.00 140.00 140.00
AP 00439874 09/13/2023 LEE, SAM 113.12 0.00 113.12
AP 00439875 09/13/2023 LIFE-ASSIST INC 0.00 40.07 40.07
AP 00439876 09/13/2023 MAIN STREET SIGNS 2,379.07 0.00 2,379.07
AP 00439877 09/13/2023 MCFADDEN-DALE HARDWARE 80.91 0.00 80.91
AP 00439878 09/13/2023 MDG ASSOCIATES INC 65.00 0.00 65.00
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Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
9/11/2023 through 9/24/2023
Check No.Check Date Vendor Name City Fire Amount
AP 00439879 09/13/2023 MERRIMAC PETROLEUM INC 37,408.14 0.00 37,408.14
***AP 00439880 09/13/2023 MESA ENERGY SYSTEMS INC 18,434.34 4,770.00 23,204.34
AP 00439881 09/13/2023 MILLIGAN, MICHAEL 42.00 0.00 42.00
AP 00439882 09/13/2023 MIRAMONTES, SAMARA 150.00 0.00 150.00
AP 00439883 09/13/2023 NAPA AUTO PARTS 0.00 1,464.31 1,464.31
AP 00439884 09/13/2023 NATIONAL UTILITY LOCATORS LLC 6,150.00 0.00 6,150.00
AP 00439885 09/13/2023 NEWCO DISTRIBUTORS INC 1,386.53 0.00 1,386.53
AP 00439886 09/13/2023 OATMAN, TAMARA 1,031.18 0.00 1,031.18
AP 00439888 09/13/2023 ODP BUSINESS SOLUTIONS LLC 2,870.32 0.00 2,870.32
AP 00439889 09/13/2023 ONLY CREMATIONS FOR PETS INC 867.00 0.00 867.00
AP 00439890 09/13/2023 ONTARIO, CITY OF 35,344.70 0.00 35,344.70
AP 00439891 09/13/2023 OPEN APPS INC 16,823.52 0.00 16,823.52
AP 00439892 09/13/2023 ORANGE LINE OIL COMPANY 62.22 0.00 62.22
***AP 00439893 09/13/2023 OWEN GROUP LIMITED PARTNERSHIP 42,900.00 14,300.00 57,200.00
AP 00439894 09/13/2023 PEREZ, MARIA 250.00 0.00 250.00
AP 00439895 09/13/2023 PIERCE, CYNTHIA 981.96 0.00 981.96
AP 00439896 09/13/2023 POPE, JUSTIN 74.02 0.00 74.02
AP 00439897 09/13/2023 PORAC LEGAL DEFENSE FUND 216.00 0.00 216.00
AP 00439898 09/13/2023 PSA PRINT GROUP 48.49 0.00 48.49
AP 00439899 09/13/2023 RADER, BRANDY 10.00 0.00 10.00
AP 00439900 09/13/2023 RANCHO WEST ANIMAL HOSPITAL 200.00 0.00 200.00
AP 00439901 09/13/2023 RODERICK, MACK 139.00 0.00 139.00
AP 00439902 09/13/2023 ROMAN, JANET 25.00 0.00 25.00
AP 00439903 09/13/2023 SAN BERNARDINO COUNTY 0.00 12,430.56 12,430.56
AP 00439904 09/13/2023 SKYLINE SAFETY & SUPPLY 231.42 0.00 231.42
AP 00439905 09/13/2023 SO CAL SANDBAGS 11,962.50 0.00 11,962.50
AP 00439906 09/13/2023 SOARES AUTOMOTIVE INC 40,058.35 0.00 40,058.35
AP 00439907 09/13/2023 SOUTH BAY FOUNDRY INC 1,005.94 0.00 1,005.94
***AP 00439914 09/13/2023 SOUTHERN CALIFORNIA EDISON 134,237.00 5,166.68 139,403.68
AP 00439915 09/13/2023 SOUTHERN CALIFORNIA EDISON 477.44 0.00 477.44
AP 00439916 09/13/2023 THOMSON REUTERS - WEST 380.00 0.00 380.00
AP 00439917 09/13/2023 TROYAN, LINDA A 46.46 0.00 46.46
AP 00439918 09/13/2023 TRUEPOINT SOLUTIONS 2,475.00 0.00 2,475.00
AP 00439919 09/13/2023 U.S. BANK PARS ACCT #6746022500 12,656.63 0.00 12,656.63
AP 00439920 09/13/2023 U.S. BANK PARS ACCT #6746022500 1,144.38 0.00 1,144.38
AP 00439921 09/13/2023 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00
AP 00439922 09/13/2023 ULINE 95.27 0.00 95.27
AP 00439923 09/13/2023 UNITY COURIER SERVICE INC 1,396.35 0.00 1,396.35
AP 00439924 09/13/2023 VELASQUEZ, JESUS 97.00 0.00 97.00
AP 00439925 09/13/2023 VERIZON WIRELESS - LA 249.34 0.00 249.34
AP 00439926 09/13/2023 VERIZON WIRELESS - LA 6,981.65 0.00 6,981.65
AP 00439927 09/13/2023 VICTOR MEDICAL COMPANY 827.18 0.00 827.18
AP 00439928 09/13/2023 VISTA PAINT 671.15 0.00 671.15
AP 00439929 09/13/2023 VULCAN MATERIALS COMPANY 224.12 0.00 224.12
AP 00439930 09/13/2023 WARDEN, SARAH 0.00 320.00 320.00
***AP 00439931 09/13/2023 WAXIE SANITARY SUPPLY 3,373.43 1,708.99 5,082.42
AP 00439932 09/13/2023 WIRZ & COMPANY 440.70 0.00 440.70
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Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
9/11/2023 through 9/24/2023
Check No.Check Date Vendor Name City Fire Amount
AP 00439933 09/13/2023 YOO, ANDREW 60.12 0.00 60.12
AP 00439934 09/20/2023 A+ SIGN SHOPS INC 1,310.00 0.00 1,310.00
AP 00439935 09/20/2023 ADOBE ANIMAL HOSPITAL 300.00 0.00 300.00
AP 00439936 09/20/2023 AGBOBU, VICTORIA 67.39 0.00 67.39
***AP 00439937 09/20/2023 AIRGAS USA LLC 868.92 425.95 1,294.87
AP 00439938 09/20/2023 ALLIED UNIVERSAL SECURITY SERVICES 15,552.70 0.00 15,552.70
AP 00439939 09/20/2023 ARS BILLIARDS INC 2,200.00 0.00 2,200.00
AP 00439940 09/20/2023 BENNETT, JEFFREY 659.85 0.00 659.85
AP 00439941 09/20/2023 BEST OUTDOOR POWER INLAND LLC 284.69 0.00 284.69
AP 00439942 09/20/2023 BIBLIOTHECA LLC 4,377.29 0.00 4,377.29
AP 00439943 09/20/2023 BLUEBEAM INC 200.00 0.00 200.00
AP 00439944 09/20/2023 BOLTON, HEATHER 50.00 0.00 50.00
AP 00439945 09/20/2023 BORDIN SEMMER LLP 1,105.99 0.00 1,105.99
AP 00439946 09/20/2023 BRAUN BLAISING SMITH WYNNE 1,051.09 0.00 1,051.09
AP 00439947 09/20/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 23,887.28 0.00 23,887.28
AP 00439948 09/20/2023 BROWNE, KEGAN 50.00 0.00 50.00
AP 00439949 09/20/2023 C V W D 250.76 0.00 250.76
AP 00439950 09/20/2023 C V W D 0.00 344.52 344.52
***AP 00439955 09/20/2023 C V W D 98,307.46 757.07 99,064.53
AP 00439956 09/20/2023 CABRERA, MELISSA 50.00 0.00 50.00
***AP 00439957 09/20/2023 CALIF DEPT OF TAX & FEE ADMINISTRATION 305.34 518.47 823.81
AP 00439958 09/20/2023 CALIF UNDERGROUND FAC SAFE EXCAVATION BOARD 48.82 0.00 48.82
AP 00439959 09/20/2023 CALIFORNIA DEPARTMENT OF TECHNOLOGY 1,108.18 0.00 1,108.18
AP 00439960 09/20/2023 CALIFORNIA MUNICIPAL STATISTICS INC 480.00 0.00 480.00
AP 00439961 09/20/2023 CALIFORNIA, STATE OF 50.00 0.00 50.00
AP 00439962 09/20/2023 CALIFORNIA, STATE OF 200.00 0.00 200.00
AP 00439963 09/20/2023 CALIX INC 2,688.36 0.00 2,688.36
AP 00439964 09/20/2023 CalPERS LONG-TERM CARE PROGRAM 221.35 0.00 221.35
AP 00439965 09/20/2023 CARAHSOFT TECHNOLOGY CORP 11,301.15 0.00 11,301.15
AP 00439966 09/20/2023 CARDIO PARTNERS INC 0.00 279.08 279.08
AP 00439967 09/20/2023 CARQUEST AUTO PARTS 1,323.18 0.00 1,323.18
AP 00439968 09/20/2023 CASTRO, DAVID 239.25 0.00 239.25
AP 00439969 09/20/2023 CHAMPION FIRE SYSTEMS INC 5,962.88 0.00 5,962.88
AP 00439970 09/20/2023 CHEN, DAVID 0.00 320.00 320.00
AP 00439971 09/20/2023 CHOI, ELLEN 50.00 0.00 50.00
AP 00439972 09/20/2023 CHOW, NAOMI 50.00 0.00 50.00
***AP 00439973 09/20/2023 CINTAS CORPORATION 4,386.58 685.43 5,072.01
AP 00439974 09/20/2023 CITRUS MOTORS ONTARIO INC 396.33 0.00 396.33
***AP 00439975 09/20/2023 COAST FITNESS REPAIR SHOP 617.31 654.06 1,271.37
AP 00439976 09/20/2023 COMPUTERSHARE TRUST COMPANY NA 2,500.00 0.00 2,500.00
AP 00439977 09/20/2023 CORODATA MEDIA STORAGE INC 50.00 0.00 50.00
AP 00439978 09/20/2023 COUNSELING TEAM INTERNATIONAL, THE 0.00 5,477.50 5,477.50
AP 00439979 09/20/2023 COVETRUS NORTH AMERICA 430.62 0.00 430.62
AP 00439980 09/20/2023 CR&A CUSTOM INC 133.27 0.00 133.27
AP 00439981 09/20/2023 DAISYECO INC 190.49 0.00 190.49
AP 00439982 09/20/2023 DAPEER ROSENBLIT & LITVAK LLP 4,703.80 0.00 4,703.80
AP 00439983 09/20/2023 DIAZ, DALYNN 50.00 0.00 50.00
08:40:32
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Report:Page 21 of 404
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
9/11/2023 through 9/24/2023
Check No.Check Date Vendor Name City Fire Amount
AP 00439984 09/20/2023 DICUS SHERIFF-CORONER, SHANNON D 232.90 0.00 232.90
AP 00439985 09/20/2023 DUNN-EDWARDS CORPORATION 149.32 0.00 149.32
AP 00439986 09/20/2023 EMERGENCY MEDICAL PRODUCTS 0.00 2,705.21 2,705.21
AP 00439987 09/20/2023 ESPINOZA, ALICE 177.84 0.00 177.84
AP 00439988 09/20/2023 EWING IRRIGATION PRODUCTS INC 1,474.16 0.00 1,474.16
AP 00439989 09/20/2023 EXPRESS BRAKE SUPPLY INC 1,409.04 0.00 1,409.04
AP 00439990 09/20/2023 FEDERAL EXPRESS CORP 84.53 0.00 84.53
AP 00439991 09/20/2023 FERGUSON ENTERPRISES LLC #1350 2,692.56 0.00 2,692.56
AP 00439992 09/20/2023 FOSTER & FOSTER INC 0.00 2,500.00 2,500.00
***AP 00439993 09/20/2023 FRONTIER COMM 1,397.61 347.83 1,745.44
***AP 00439994 09/20/2023 FRONTIER COMM 187.54 437.61 625.15
AP 00439995 09/20/2023 GENTRY GENERAL ENGINEERING INC 42,182.41 0.00 42,182.41
AP 00439996 09/20/2023 GOLDSTAR ASPHALT PRODUCTS 83.51 0.00 83.51
AP 00439997 09/20/2023 GONZAGA, GRAIME 46.42 0.00 46.42
AP 00439998 09/20/2023 GONZALEZ, STEFANIE 50.00 0.00 50.00
AP 00439999 09/20/2023 GOSE, DALE 50.00 0.00 50.00
AP 00440000 09/20/2023 GOVERNMENTJOBS.COM INC 72,068.87 0.00 72,068.87
***AP 00440001 09/20/2023 GRAINGER 1,419.99 1,318.92 2,738.91
AP 00440002 09/20/2023 GRAPHICS FACTORY PRINTING INC 1,284.92 0.00 1,284.92
AP 00440003 09/20/2023 GREGORY, SARAH 50.00 0.00 50.00
AP 00440004 09/20/2023 HAULAWAY STORAGE CONTAINERS INC 119.84 0.00 119.84
AP 00440005 09/20/2023 HELGESEN, JESSICA 260.92 0.00 260.92
AP 00440006 09/20/2023 HERNANDEZ, ANDREA 50.00 0.00 50.00
AP 00440007 09/20/2023 HOLLIDAY ROCK CO INC 1,364.13 0.00 1,364.13
AP 00440008 09/20/2023 HUANG, LISA 50.00 0.00 50.00
AP 00440009 09/20/2023 IDEXX DISTRIBUTION INC 2,332.45 0.00 2,332.45
AP 00440010 09/20/2023 INLAND VALLEY REPERTORY THEATRE 17,767.76 0.00 17,767.76
AP 00440011 09/20/2023 INTERSTATE ALL BATTERY CENTER 347.44 0.00 347.44
AP 00440012 09/20/2023 JOHNNY ALLEN TENNIS ACADEMY 2,653.80 0.00 2,653.80
AP 00440013 09/20/2023 JOHNSON, NICHOLAS 0.00 320.00 320.00
AP 00440014 09/20/2023 KHAWAJAH, NASSIF 1,776.06 0.00 1,776.06
AP 00440015 09/20/2023 LEVEL 3 COMMUNICATIONS LLC 6,119.51 0.00 6,119.51
AP 00440016 09/20/2023 LIEBERT CASSIDY WHITMORE 24,010.25 0.00 24,010.25
***AP 00440018 09/20/2023 LOWES COMPANIES INC 7,240.85 1,237.91 8,478.76
AP 00440019 09/20/2023 LUCAS, JIM 1,750.00 0.00 1,750.00
AP 00440020 09/20/2023 MACIAS, SANDRA 50.00 0.00 50.00
AP 00440021 09/20/2023 MAGELLAN ADVISORS LLC 3,500.00 0.00 3,500.00
AP 00440022 09/20/2023 MAIN STREET SIGNS 1,998.61 0.00 1,998.61
***AP 00440023 09/20/2023 MARIPOSA LANDSCAPES INC 35,542.14 15,156.50 50,698.64
AP 00440024 09/20/2023 MARTINEZ, JOSEPH 342.51 0.00 342.51
AP 00440025 09/20/2023 MERRIMAC PETROLEUM INC 37,340.90 0.00 37,340.90
***AP 00440026 09/20/2023 MESA ENERGY SYSTEMS INC 38,280.05 3,267.51 41,547.56
AP 00440027 09/20/2023 MIDWEST VETERINARY SUPPLY INC 1,021.46 0.00 1,021.46
AP 00440028 09/20/2023 MINUTEMAN PRESS 0.00 2,147.05 2,147.05
AP 00440029 09/20/2023 MU, JIAN HENG 5.41 0.00 5.41
AP 00440030 09/20/2023 MWI ANIMAL HEALTH 595.14 0.00 595.14
AP 00440031 09/20/2023 MYERS TIRE SUPPLY COMPANY 0.00 763.76 763.76
08:40:32
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Report:Page 22 of 404
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
9/11/2023 through 9/24/2023
Check No.Check Date Vendor Name City Fire Amount
***AP 00440032 09/20/2023 NAPA AUTO PARTS 16.31 1,192.91 1,209.22
AP 00440033 09/20/2023 NATIONAL UTILITY LOCATORS LLC 2,025.00 0.00 2,025.00
AP 00440034 09/20/2023 NATIONWIDE PREMIUM HOLDING 634.79 0.00 634.79
AP 00440035 09/20/2023 NAVA, DENISE 49.00 0.00 49.00
AP 00440036 09/20/2023 NEW COLOR SILK SCREEN & GRAPHICS 1,436.58 0.00 1,436.58
AP 00440037 09/20/2023 NORTH AMERICAN RESCUE LLC 0.00 2,559.40 2,559.40
AP 00440038 09/20/2023 NV5 INC 20,948.71 0.00 20,948.71
***AP 00440039 09/20/2023 ODP BUSINESS SOLUTIONS LLC 1,271.69 660.78 1,932.47
AP 00440040 09/20/2023 ONTARIO SPAY & NEUTER INC 855.00 0.00 855.00
AP 00440041 09/20/2023 PACIFIC UTILITY INSTALLATION INC 601,808.85 0.00 601,808.85
AP 00440042 09/20/2023 PARS 3,500.00 0.00 3,500.00
AP 00440043 09/20/2023 PARTS AUTHORITY LLC, THE 331.66 0.00 331.66
AP 00440044 09/20/2023 PAYMENTUS CORPORATION 996.50 0.00 996.50
AP 00440045 09/20/2023 PH&S PRODUCTS LLC 0.00 3,980.00 3,980.00
AP 00440046 09/20/2023 PLANETBIDS INC 9,900.00 0.00 9,900.00
AP 00440047 09/20/2023 POSTAL PERFECT 150.00 0.00 150.00
AP 00440048 09/20/2023 PRE-PAID LEGAL SERVICES INC 53.36 0.00 53.36
AP 00440049 09/20/2023 PSA PRINT GROUP 86.20 0.00 86.20
AP 00440050 09/20/2023 RANCHO SMOG CENTER 149.85 0.00 149.85
AP 00440051 09/20/2023 RASTACLAT 499.50 0.00 499.50
AP 00440052 09/20/2023 RED WING BUSINESS ADVANTAGE ACCOUNT 352.84 0.00 352.84
AP 00440053 09/20/2023 RIVERA, JANAE 50.00 0.00 50.00
AP 00440054 09/20/2023 RNR PRODUCTIONS LLC 6,500.00 0.00 6,500.00
AP 00440055 09/20/2023 ROADLINE PRODUCTS INC 558.15 0.00 558.15
AP 00440056 09/20/2023 RODRIGUEZ, DANIEL 287.10 0.00 287.10
AP 00440057 09/20/2023 RODRIGUEZ, GABRIEL 63.71 0.00 63.71
AP 00440058 09/20/2023 SAM'S CLUB / SYNCHRONY BANK 54.38 0.00 54.38
AP 00440059 09/20/2023 SAMARO JR, FRANK 982.60 0.00 982.60
AP 00440060 09/20/2023 SAN BERNARDINO COUNTY 15,216.72 0.00 15,216.72
AP 00440061 09/20/2023 SBPEA 2,540.31 0.00 2,540.31
AP 00440062 09/20/2023 SDI PRESENCE LLC 26,917.50 0.00 26,917.50
AP 00440063 09/20/2023 SHRED PROS 253.00 0.00 253.00
AP 00440064 09/20/2023 SIGN SHOP, THE 129.30 0.00 129.30
AP 00440065 09/20/2023 SILVER & WRIGHT LLP 3,347.20 0.00 3,347.20
AP 00440066 09/20/2023 SITEONE LANDSCAPE SUPPLY LLC 8,090.88 0.00 8,090.88
AP 00440067 09/20/2023 SMITH PIPE & SUPPLY INC 734.56 0.00 734.56
AP 00440069 09/20/2023 SOCIAL VOCATIONAL SERVICES 9,207.00 0.00 9,207.00
AP 00440070 09/20/2023 SOUTH COAST AQMD 1,170.17 0.00 1,170.17
***AP 00440073 09/20/2023 SOUTHERN CALIFORNIA EDISON 15,359.10 3,062.24 18,421.34
AP 00440074 09/20/2023 SOUTHERN CALIFORNIA EDISON 3,927.45 0.00 3,927.45
AP 00440075 09/20/2023 SPECTRUM GAS PRODUCTS 0.00 40.00 40.00
AP 00440076 09/20/2023 SUN BADGE CO 0.00 908.67 908.67
AP 00440077 09/20/2023 SUNRUN INSTALLATION SERVICES INC 471.34 0.00 471.34
AP 00440078 09/20/2023 TESLA ENERGY OPERATIONS INC 77.72 0.00 77.72
AP 00440079 09/20/2023 TORO TOWING 250.00 0.00 250.00
AP 00440080 09/20/2023 TOXGUARD FLUID TECHNOLOGIES INC 627.50 0.00 627.50
AP 00440081 09/20/2023 TRANSWEST TRUCK CENTER LLC 3,726.16 0.00 3,726.16
08:40:32
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Report:Page 23 of 404
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
9/11/2023 through 9/24/2023
Check No.Check Date Vendor Name City Fire Amount
AP 00440082 09/20/2023 TROY ROOFING INC 531.18 0.00 531.18
AP 00440083 09/20/2023 U S BANK CORPORATE TRUST 10,280.00 0.00 10,280.00
AP 00440084 09/20/2023 UNDERGROUND SERVICE ALERT/SC 235.75 0.00 235.75
AP 00440085 09/20/2023 UNITED SITE SERVICES OF CA INC 305.29 0.00 305.29
AP 00440086 09/20/2023 UNIVERSAL FLEET SUPPLY 0.00 387.85 387.85
AP 00440087 09/20/2023 UPS 59.46 0.00 59.46
AP 00440088 09/20/2023 VCA CALIFORNIA VETERINARY SPECIALISTS 317.87 0.00 317.87
AP 00440089 09/20/2023 VENDNOVATION LLC 0.00 5,200.00 5,200.00
AP 00440090 09/20/2023 VERIZON 41.99 0.00 41.99
AP 00440091 09/20/2023 VERIZON BUSINESS 40.51 0.00 40.51
AP 00440092 09/20/2023 VICTOR MEDICAL COMPANY 2,625.44 0.00 2,625.44
AP 00440093 09/20/2023 VICTORIA ANIMAL HOSPITAL 100.00 0.00 100.00
AP 00440094 09/20/2023 VILLA FAMILY LLC 15,000.00 0.00 15,000.00
AP 00440095 09/20/2023 VIRGIN PULSE INC 1,998.00 0.00 1,998.00
AP 00440096 09/20/2023 VISION SERVICE PLAN CA 11,123.49 0.00 11,123.49
AP 00440097 09/20/2023 VISTA PAINT 1,420.32 0.00 1,420.32
AP 00440098 09/20/2023 VSA INC 7,280.00 0.00 7,280.00
AP 00440099 09/20/2023 VULCAN MATERIALS COMPANY 660.57 0.00 660.57
AP 00440100 09/20/2023 WAXIE SANITARY SUPPLY 6,683.65 0.00 6,683.65
AP 00440101 09/20/2023 WEDELL, SHANNON 31.76 0.00 31.76
AP 00440102 09/20/2023 WEST COAST ARBORISTS INC 16,257.70 0.00 16,257.70
AP 00440103 09/20/2023 WESTRUX INTERNATIONAL INC 2,081.05 0.00 2,081.05
AP 00440104 09/20/2023 WHITE, VANNESSA 306.25 0.00 306.25
AP 00440105 09/20/2023 WILLIAMS, KIMBERLY 33.00 0.00 33.00
AP 00440106 09/20/2023 WILLIAMS, NAILANI 198.00 0.00 198.00
AP 00440107 09/20/2023 WILSON & BELL AUTO SERVICE 2,425.01 0.00 2,425.01
AP 00440108 09/20/2023 WOLFE, SARAH 50.00 0.00 50.00
AP 00440109 09/20/2023 ZARAGOZA, IMELDA 50.00 0.00 50.00
AP 00440110 09/20/2023 ZOETIS US LLC 316.91 0.00 316.91
$8,714,354.63
$8,833,022.26
$118,667.63
Note:
Grand Total:
Total Fire:
Total City:
*** Check Number includes both City and Fire District expenditures
08:40:32
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Report:Page 24 of 404
DATE:October 4, 2023
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Tamara L. Oatman, Finance Director
Veronica Lopez, Accounts Payable Supervisor
SUBJECT:Consideration to Approve City and Fire District Weekly Check Registers
for Checks Issued to Southern California Gas Company in the Total
Amount of $409.51 Dated September 11, 2023, Through September 24,
2023. (CITY/FIRE)
RECOMMENDATION:
Staff recommends City Council/Board of Directors of the Fire Protection District approve payment
of demands as presented. Weekly check register amounts are $88.43 and $321.08 for the City
and the Fire District, respectively.
BACKGROUND:
N/A
ANALYSIS:
N/A
FISCAL IMPACT:
Adequate budgeted funds are available for the payment of demands per the attached listing.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
N/A
ATTACHMENTS:
Attachment 1 - Weekly Check Register
Page 25 of 404
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
So Calif Gas Company Only.
AND
CITY OF RANCHO CUCAMONGA
9/11/2023 through 9/24/2023
Check No.Check Date Vendor Name City Fire Amount
***AP 00440068 09/20/2023 SOCAL GAS 88.43 321.08 409.51
$88.43
$409.51
$321.08
Note:
Grand Total:
Total Fire:
Total City:
*** Check Number includes both City and Fire District expenditures
08:53:25
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Report:Page 26 of 404
DATE:October 4, 2023
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Mike McCliman, Fire Chief
Robert Ball, Fire Marshal
Michelle Cowles, Management Analyst II
SUBJECT:Consideration of Amendment No. 006 to the Professional Services
Agreement with Inland Empire Property Services, Incorporated for Weed
and Fire Hazard Abatement Services in the Amount of $35,000. (FIRE)
RECOMMENDATION:
Staff recommends the Fire Board of the Rancho Cucamonga Fire Protection District approve
Inland Empire Property Services, Inc. Contract #FD18-017, Amendment No. 006, for weed and
fire hazard abatement services. This Amendment will extend the term of the Agreement for one
(1) additional year through July 1, 2024, and increase the annual Agreement by $35,000.
BACKGROUND:
A City ordinance and Fire District resolution, approved on August 4, 2010, empowered the Fire
District to manage weed and fire hazard abatement for the City and assess various fees related
to the Weed and Fire Hazard Abatement Administration Program. Among the provisions in the
ordinance is the ability of the District to contract with companies that provide weed and fire hazard
abatement services. These contract services are needed when property owners do not respond
to the District's notices to abate weed and fire hazards.
When a property owner fails to complete the required abatement, the Fire District engages the
services of an approved contractor to provide the necessary abatement. The contractor bills the
Fire District for the work that is completed. Upon satisfactory evidence that the work has been
completed per the ordinance, the Fire District pays the contractor according to the terms of the
Professional Services Agreement. The Fire District then bills the property owner for the cost of
the abatement services plus an administrative fee that covers the staff time necessary to arrange
the abatement and handle the documentation necessary to verify the work and generate the
billing. If the property owner does not pay the Fire District for costs incurred, the Fire District
places the costs on the tax roll for payment with the following property tax assessment.
Administering the Weed and Fire Hazard Abatement Program is cost-neutral because the
payments made by the Fire District to the contractor are recovered in full either by the property
owner paying the invoice prepared by the Fire District or having the invoice paid as a tax
assessment. The staff time required to administer the Weed and Fire Hazard Abatement Program
is fully recovered by the assessment of administrative fees approved by the Fire Board. The Fire
Board recently adjusted these fees in December 2020 to align with the actual administrative costs
of the program as determined by a fee study conducted by an independent third-party consultant.
Page 27 of 404
Page 2
2
0
2
8
ANALYSIS:
Although the number of vacant and undeveloped parcels has remained largely unchanged over
the past several years, an increasing number of these parcels have required the services of the
District's weed and fire hazard abatement contractor because the owners have not been doing
the work to the extent they have in the past. Additionally, the weather significantly affects the need
for and amount of abatement each year. In years when spring and summer precipitation is low,
fewer parcels need abatement in the fall. In years when winter rain is high, as was the case this
year, the vegetation grows very dense and tall. This requires additional work by the contractors
to bring the parcels into compliance. The costs for weed abatement are somewhat predictable
but are also impacted by several variables. It is sometimes necessary to increase funding for
weed and fire hazard abatement services from season to season to pay the contractor for the
additional work.
The original term of the 2018 agreement with Inland Empire Property Services (Inland) was one
(1) year, with the option to renew the agreement in one-year increments up to a total of five (5)
years. Renewals are contingent upon the City Manager's approval, subject to pricing review and
Fire Board approval of any increases in the contract amount.
The contract with Inland has been renewed three times following the initial year of the contract.
All of those renewals have been without increases to Inland's compensation. When approached
with the option to renew for a fifth and final year under the current contract, Inland indicated an
interest in renewing but also informed the District that it would like to engage in meetings to
consider a revision to the compensation due to cost increases experienced as a result of labor
shortages and unanticipated inflation. The District was agreeable to such meetings.
Inland's request for compensation increase included a 36% increase for skid steer loader work, a
43% increase for tractor-drawn mowing, a 55% increase for dozer work, and a 67% increase for
general hand work. District staff researched cost increases in similar services over the period of
the contract. It determined that a 30% increase for all services was a recommendation to the City
Manager and Fire Board that could be supported. Inland was offered a 30% increase for all
services and accepted the offer.
FISCAL IMPACT:
Amendment No. 006 to Inland Empire Property Services Contract No. FD18-017 increases the
total contract amount from $140,000 to $175,000. Weed and fire hazard abatement funding is
budgeted for $140,000 in FY 2023-24 in Fire Fund account 3281506-5300 (Fire Prevention /
Contract Services). Sufficient funding is available in the Fire Fund to cover the increased expense.
Due to the cost recovery structure of the Weed and Fire Hazard Abatement Program, the
expended funds will be fully recovered from the owners of the properties on which abatement
services are completed.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item brings together portions of the Council's vision and core values by providing and
nurturing a high quality of life and promoting and enhancing a safe and healthy community for all.
A robust weed and fire hazard abatement program improves the City's overall look when weeds
and seasonal grasses are regularly and adequately maintained. Quality of life, safety, and health
are improved as well-maintained undeveloped parcels are less likely to catch fire and threaten
nearby homes or extend into the wildland-urban interface fire area of the City. Fewer grass and
brush fires mean less smoke in the air, which improves the entire community's health.
ATTACHMENTS:
None
Page 28 of 404
DATE:October 4, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Justin Pope, Associate Engineer
SUBJECT:Consideration of Amendment No. 6 to the Multi-Use Community Trail
Common Use Agreement for the City's Use of a Portion of the San
Bernardino County Flood Control District Day Creek Channel between
Base Line Road and Jack Benny Drive Related to the Construction of the
Day Creek Channel Bike Trail Improvements Project. (CITY)
RECOMMENDATION:
Staff recommends the City Council approve and authorize Amendment No. 6 to the Multi-Use
Community Trail Common Use Agreement (CO#10-53), for the City’s use of a portion of the San
Bernardino County Flood Control District’s Day Creek Channel related to the City’s construction
of the Day Creek Channel Bike Trail Improvements Project, and authorize the Mayor to sign all
necessary documents.
BACKGROUND:
In 1993, the City of Rancho Cucamonga (City) and the San Bernardino County Flood Control
District (District) executed a Memorandum of Understanding (MOU), Contract No. 93-20, in which
the parties agreed to cooperate in the development of a multi-use trail system within portions of
the District’s right-of-way in the City. That MOU stipulated that “the development and construction
of individual portions of the approved conceptual plan shall be accomplished under a separate
agreement”.
In 2010, the City and District executed a Common Use Agreement, Contract No. 10-53, for a
recreational multi-use community trail along portions of Cucamonga Creek, Day Creek, and Deer
Creek Channels. The agencies have since approved Amendment Nos. 1, 2, 3, 4, and 5 to that
agreement which added segments of recreational multi-use trail systems on flood control
maintenance roads to the City’s trail network.
In 2019 and 2023, the City applied for and received grant funding from the San Bernardino County
Transportation Authority (SBCTA) through the Transportation Development Act, Article 3 Bicycle
and Pedestrians Facilities Program. The Day Creek Channel Bike Trail Improvements Project
(Project) proposes to construct a 1.4-mile multi-use trail beginning at Base Line Road, where the
existing Day Creek Channel Trail currently terminates, and extending south to Jack Benny Drive.
To improve connectivity, the north-south trail segment will include a new signalized crossing at
Church Street, a lateral connection from the trail to the Rancho Cucamonga Sports Center and
will expand the area that has a direct connection to the Pacific Electric (P.E.) Trail. A Vicinity Map
is included as Attachment 1.
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ANALYSIS:
In order to accommodate these improvements, the City now wishes to add one (1) segment of
the multi-use trail along the District’s Day Creek Channel from the south side of Base Line Road
to the north side of Jack Benny Drive. A copy of the District’s Common Use Agreement
Amendment No. 6 is included as Attachment 2.
The proposed work will occur approximately between stations 213+10 and 286+72 of the Day
Creek Channel and will include the application of slurry seal to the existing 14 feet wide
maintenance road, crack sealing of the existing pavement where required, new curb ramps
adjacent to the street crossings, ADA-accessible ramps from the street crossings down to the
shared maintenance road/bike trail, asphalt bypasses around the existing gates for bicycle
passage, retaining curbs and one retaining wall to support the improvements, new metal bollards
and fencing, utility adjustments, drainage improvements, signing and striping, and a new
signalized crossing at Church Street.
Once Amendment No. 6 is approved by the City, the District will execute the agreement and issue
a construction permit to the City for the Project. At this time, final Project drawings have been
prepared and construction is anticipated to begin in early 2024.
FISCAL IMPACT:
The City has been awarded $510,250 in grant funding from the SBCTA for construction of the
Day Creek Channel Bike Trail Improvements Project. A local match of $274,750 is being provided
through the Air Quality Improvement Fund. The Project will add approximately 1.4 miles of multi-
use trail to the City’s trail network and will require routine maintenance for signing, striping, and
debris clearing.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision for the City to build upon our success as a world
class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to
thrive by expanding the City’s multi-use trail network.
ATTACHMENTS:
Attachment 1 – Vicinity Map
Attachment 2 – Common Use Agreement Amendment No. 6
Page 30 of 404
ATTACHMENT 1
DAY CREEK CHANNEL BIKE TRAIL PROJECT
VICINITY MAP
Day Creek
Channel Bike
Trail Project
NORTH
Page 31 of 404
Standard Contract Page 1 of 3
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
San Bernardino County
Flood Control District
Department Contract Representative Sameh Basta
Telephone Number 909-387-8040
Contractor City of Rancho Cucamonga
Contractor Representative Justin Pope
Telephone Number 909-774-4037
Contract Term January 26, 2010 – January 30,
2030
Original Contract Amount Non-Financial CUA
Amendment Amount Non-Financial CUA
Total Contract Amount Non-Financial CUA
Cost Center Non-Financial CUA
CITY OF RANCHO CUCAMONGA
MULTI-USE TRAIL- COMMON USE AGREEMENT- AMENDMENT NO. 6
WHEREAS, on January 11, 1993, the San Bernardino County Flood Control District
(DISTRICT) and the City of Rancho Cucamonga (CITY) executed a Memorandum of Understanding
(MOU), Contract No. 93- 20, under which the parties agreed to cooperate in the development of a
multi-use trail system within portions of DISTRICT right-of-way in the CITY, and
WHEREAS, the MOU stipulates that "individual portions of the approved conceptual plan shall
be accomplished under a separate agreement," and
WHEREAS, DISTRICT and CITY on January 26, 2010, executed a Common Use Agreement
(AGREEMENT), Contract No. 10-53, for a recreational multi-use community trail along portions of Day
Creek and Deer Creek Channels, and
WHEREAS, DISTRICT and CITY subsequently entered into the following amendments to the
AGREEMENT:
•Amendment No. 1 to the AGREEMENT, on June 28, 2011, to add a segment of a recreational
multi-use community trail system along DISTRICT's Cucamonga Channel, from the previous
alignment of the Southern Pacific Railroad to Red Hill Country Club Drive (Area of Common
Use No. 2), and
Contract Number
SAP Number
ATTACHMENT 2
Page 32 of 404
Revised 1/10/23 Page 2 of 3
• Amendment No. 2 to the AGREEMENT, on May 21, 2013, to add a segment of a recreational
multi-use community trail system along DISTRICT's Cucamonga Channel, From Foothill Blvd.
to Baseline Road (Area of Common Use No. 3), and
• Amendment No. 3 to the AGREEMENT, on November 04, 2014, to add a segment of a
recreational multi-use community trail system along DISTRICT's Deer Creek Channel, from
Church Street to Baseline Road (Area of Common Use No. 4), and
• Amendment No. 4 to the AGREEMENT, on December 10, 2019, to add segments of a
recreational multi-use community trail system along DISTRICT's Deer Creek Channel, from
Church Street to 4th street (Area of Common Use No. 5), and a segment along DISTRICT's
Cucamonga Creek Channel, from Foothill boulevard to 4th street (Area of Common Use No.
6), and
• Amendment No. 5 to the AGREEMENT, on April 6, 2021, to add a segment of multi-use of
recreational multi-use trailing along DISTRICT’s East Etiwanda Creek Channel from Baseline
Avenue in the City of Fontana’s jurisdiction, crossing underneath the I-15 freeway, northerly to
Banyan Street (Area of Common Use No. 7), and
WHEREAS, DISTRICT is currently processing permit No. FCCON-2023-00055 to the City of
Rancho Cucamonga to add a segment of multi-use trail along the west side of DISTRCIT’s Day Creek
Channel, from Base Line Road to Jack Benny Drive, in the City of Rancho Cucamonga
WHERAS, DISTRICT and CITY desire to amend the existing AGREEMENT, to add the additional
stretch of multi-use trail to the existing trail along Day Creek Channel between Highland Avenue and
Base Line Road.
NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS:
1. DISTRICT and CITY hereby amend the AGREEMENT to add a segment of the multi-use trail
along DISTRICT's West Day Creek Channel from Base Line Road to Jack Benny Drive, "CITY
IMPROVEMENTS NO. 8", the location of which is shown as AREA OF COMMON USE NO. 8
on the attached map marked as “Exhibit N". The AGREEMENT is hereby amended to attach
Exhibit N as if originally set forth therein.
2. DISTRICT and CITY agree that all terms and conditions of the AGREEMENT shall also apply
to CITY IMPROVEMENTS NO. 8 located in AREA OF COMMON USE NO. 8.
3. The definitions of CITY IMPROVEMENTS and AREA OF COMMON USE set forth in the
AGREEMENT are hereby amended to include CITY IMPROVEMENTS NO. 8 and AREA OF
COMMON USE NO. 8, defined herein.
4. The Parties agree that this Amendment No. 6 may be executed in counterparts, each of which
shall be deemed to be an original, but both of which together shall constitute one and the same
instrument, and that a photocopy or facsimile may serve as an original. If this Amendment No.
6 is executed in counterparts, no signatory hereto shall be bound until both the parties have
fully executed a counterpart of this Amendment No. 6. The Parties shall be entitled to sign and
transmit an electronic signature of this Amendment No. 6 (whether by facsimile, PDF, or other
email transmission), which signature shall be binding on the party whose name is contained
therein. Each Party providing an electronic signature agrees to promptly execute and deliver to
the other party an original signed Amendment No. 6 upon request.
5. Unless amended as set forth herein, all terms and conditions of the AGREEMENT, as
previously amended, shall remain unchanged and in full force and effect.
6. This Amendment No. 6 shall take effect on the date it is signed by both parties.
IN WITNESS WHEREOF, this Amendment No. 6 has been fully executed on behalf of DISTRICT and CITY
by their duly authorized representatives.
Page 33 of 404
Revised 1/10/23 Page 3 of 3
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by District
Sophie A. Curtis, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Chief Flood Control Engineer
Date Date Date
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
(Print or type name of corporation, company, contractor, etc.)
B
y
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink)
Dated:
Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell, Clerk of the Board (Print or Type)
B
y Dated:
Deputy Address
Page 34 of 404
Exhibit N
AREA OF
COMMON USE NO. 8
Page 35 of 404
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DATE:October 4, 2023
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Shelly Munson, Director of Innovation & Technology
Lilyan Villarreal, Deputy Director of Innovation & Technology
Tanya Trieu-Bui, Management Analyst I
SUBJECT:Consideration to Approve the Use of a Cooperative Agreement with OMNIA
Partners for the Purchase of Computers and Equipment from Dell and
Lenovo in the Amount of $255,000. (CITY/FIRE)
RECOMMENDATION:
Staff recommends that the City Council and Fire Board of the Rancho Cucamonga Fire Protection
District approve the use of the OMNIA Partners, Region 14 ESC-TX #01-143 Cooperative
Agreement for the procurement of computer equipment including desktops, laptops, tower
computers, related peripherals, and warranties, not to exceed $255,000 in total value through the
expiration of the agreement on November 30, 2025.
BACKGROUND:
The Department of Innovation and Technology (DoIT) routinely procures computers and equipment
to replace damaged or outdated inventory. Additionally, due to expanded operations in the City and
the Fire District, such as added positions and city services, new devices will also need to be
procured. As part of the Fiscal Year 2023-24 Adopted Budget, DoIT will continue to update and
maintain our computer equipment inventory with the replacement of desktop, laptops, and tower
computers as they reach their hardware end-of-life. Staff has developed a multi-year phased
approach to replace the outdated computers. This allows us to evaluate the needs of each
Department and ensure that appropriate equipment is deployed.
Using a cooperative agreement to procure equipment directly from the manufacturer helps ensure
fulfillment timeliness and accuracy, while maintaining cost efficiency.
ANALYSIS:
OMNIA Partners provides public sector participants access to purchasing contracts with leading
national suppliers, delivering volume discounts, and streamlined procurement process for
technology products and services. The contract was awarded based on pricing, ability to service
the contract, references, technology, and value-added products and services. Dell Marketing L.P.
and Lenovo ranked among the highest in the evaluation and solicitation process.
DoIT reviewed the Master Agreement with the City’s Procurement Division and has determined that
the terms and process of the contract meet the City’s procurement standards. Utilizing the
agreement for the procurement of computer equipment and peripheral devices will allow for more
direct interaction with the supplier, reducing the probability of errors due to vendor substitution or
interpretation of desired specifications.
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FISCAL IMPACT:
The computer replacement project is funded in the Fiscal Year 2023-24 Adopted Budget listed
below. This is an on-going effort and additional funding in subsequent fiscal years will be requested
through the budget approval processes.
Fiscal Year 2023/24 Adopted Budget:
Comp Equip/Tech
Replcment Fund 1714001-5215
O&M/Computer
Equipment $ 125,000
Comp Equip/Tech
Replcment Fund 1714001-5300
PC Workstation
Warranty $ 50,000
Library Kiosks
Computer Replcment 1290606-5215
O&M/Computer
Equipment $ 30,000
Library Kiosks
Computer Replcment 1290607-5215
O&M/Computer
Equipment $ 30,000
Computer for new
positions 1001209-5215
O&M/Computer
Equipment $ 1,060
Computer for new
positions 1354701-5215
O&M/Computer
Equipment $ 3,170
New Fire Station
Computers 3288501-5207 O&M/Capital Supplies $ 10,000
Various Peripherals Various $ 5,770
Total $ 255,000
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s Core Value of intentionally embracing and anticipating our
future.
ATTACHMENTS:
Attachment 1 - OMNIA Dell Cooperative Agreement
Attachment 2 - OMNIA Lenovo Cooperative Agreement
Page 37 of 404
Proposal for the Region 14 Education Service Center
acting on behalf of the National Cooperative Purchasing
Alliance
RFP # 45-22 Technology Solutions, Products and Services
Thursday, November 17, 2022
Attachment 1
Page 38 of 404
Thursday, November 17, 2022
Region 14 Education Service Center
1850 Highway 351
Abilene Texas 79601
Dear Procurement Officer,
Thank you for the opportunity to submit a proposal for Region 14 ESC’s RFP for Technology Solutions,
Products and Services. We have thoroughly reviewed the requirements and developed this proposal to
showcase how our products and solutions will enable customers to continue their digital transformation.
The value of our offering includes:
● Our Products – We have the strongest portfolio of IT products from the edge to the core, to the
cloud. We offer full end-to-end IT solutions thereby becoming a one stop shop to meet all our
customer’s IT needs.
● Our Lifecycle Services – Parallel to our product and services delivery organization, is our customer
support organization – be it pre-sales consultation, data center consolidation, or rollout of a work /
school from home solution, our pro-deploy and pro-support teams are always available to assist in
conjunction with our account and specialist teams.
● Our Contract Management – The NCPA contract is used widely by SLED customers. We have
contract program managers and personnel dedicated to supporting NCPA and the entities that
purchase using NCPA. We will continue to deliver and strengthen our partnership.
● Our Commitment – Last, but equally important, is our commitment to social causes that impact our
lives and our planet. Our 2030 moonshot goals focus on cultivating inclusion, advancing
sustainability, transforming lives and upholding ethics and privacy.
We look forward to earning your business and continuing our long-standing partnership. Should you have
any questions regarding this proposal, please contact your Dell Technologies team provided in the below
contact information:
Stacey Skala at 512.720.7429 or online at Stacey.Skala@Dell.com
Preethi Pillaipakkam at 469.510.8569 or online at Preethi.Pillaipakkam@Dell.com
Sincerely,
Stacey Skala
Proposal Manager
One Dell Way
Round Rock, TX 78682
USA
www.dell.com
Page 39 of 404
Table of Contents
Tab 1 - Master Agreement / Signature .............................................................................................. 4
Tab 2 - NCPA Administration Agreement ........................................................................................ 14
Tab 3 - Vendor Questionnaire ......................................................................................................... 18
Tab 4 - Vendor Profile ..................................................................................................................... 22
Tab 5 - Products and Services / Scope ........................................................................................... 35
Tab 6 - References .......................................................................................................................... 52
Tab 7 - Pricing ................................................................................................................................. 58
Tab 8 - Value Added Products and Services ................................................................................... 59
Dell Lifecycle Services ................................................................................................................. 59
Innovation in Education with Dell Technologies ........................................................................... 74
Tab 9 - Required Documents .......................................................................................................... 83
Proposal Legal Notes ...................................................................................................................... 99
Tab - Appendices .......................................................................................................................... 101
Appendix A - Dell and the Environment ..................................................................................... 102
Appendix B - Dell's Diversity and Equal Employment Opportunity Policy .................................. 105
Appendix C - Dell Supplier Diversity Program ........................................................................... 107
Appendix D - Dell Premier for IT Procurement Overview........................................................... 109
Appendix E - Dell Limited Hardware Warranty .......................................................................... 116
Appendix F - Dell Return Policy ................................................................................................. 131
Appendix G - Vendor Certifications ............................................................................................ 133
Appendix H - Dell Financial Services ......................................................................................... 139
Page 40 of 404
Tab 1 - Master Agreement / Signature
Customer Support
The Dell Marketing L.P. (“Vendor”) vendor shall provide timely and accurate technical advice and sales support.
The vendorVendor shall respond to such requests within one (1) to two working days after receipt of the
request.
Disclosures
Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public
servant in connection with this contract.
The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and
is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way
limit competition or give an unfair advantage over other vendors in the award of this contract.
Renewal of Contract
Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to five
(5) additional one-year terms or any combination of time equally not more than 5 years if agreed to by Region
14 ESC and the vendorVendor.
Funding Out Clause
Any/all contracts exceeding one (1) year shall include a standard “funding out”/”non-appropriation” clause as
mutually agreed to by the parties. A contract for the acquisition, including lease, of real or personal property is
a commitment of the entity’s current revenue only, provided the contract contains either or both of the following
provisions:
If (a) sufficient funds are not budgeted or appropriated and budgeted by Public Agency’s governing body in
any fiscal period for payment amounts or other costs and fees and (b) Public Agency has exhausted all funds
legally available for such payment amounts or other costs and fees due under the contract, then the Public
Agency, upon reasonable written notice to the vendor or its affiliate, rRetains to the entity the continuing right
to terminate the contract as of the last day of the Public Agency’s fiscal period for which funds for the payment
amounts are available at the expiration of each budget period during the term of the contract and is conditioned
on a best efforts attempt by the Public Agencyentity to obtain appropriate funds for payment of the contract
and. t, to only place orders for which funding is available and to pay vendorVendorDell for products delivered
and services performed. Such termination is without any expense or penalty, except for the portions of the
payment amounts and those expenses associated with returning or making products available for return to
vendorVendor or its affiliate and Public Agency’s cessation of use and maintenance, de-installation and
deletion of licensed software, and certification thereof, in accordance with the terms of the contract, for which
funds have been budgeted or appropriated or are otherwise legally available.
Shipments (if applicable)
The awarded vendor shall ship ordered products within seven fifteen (157) working days for goods available
and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. Barring
any component constraints, Vendor will ship products it is manufacturing or a third party is manufacturing within
4 – 6 weeks of acceptance of order. Cancellation may be made up to the time order is accepted. Orders shall
be placed online on the NCPA Premier Page that Dell will populate with NCPA pricing. If a product cannot be
Page 41 of 404
shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has
not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the
order if estimated shipping time is not acceptable.
Tax Exempt Status
Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.
Unless Public Agencys shall provides Dell with a valid tax exemption certificate acceptable to the relevant
taxing authority prior to Dell’s payment of such taxes, upon request, or such Public Agency shall pay to Dell all
taxes and duties upon demand.be responsible for taxes
Payments
Payment terms are thirty (30) days from the date of invoice. All products and services are deemed accepted
ten (10) days from the date of invoice or completion of service. Dell may charge a late penalty of 1.5% per
month on undisputed overdue amounts, or the maximum rate permitted by law, whichever is less. Late
penalties will be recalculated every 30 days based on Public Agency’s current outstanding balance. Dell,
without waiving any other rights or remedies and without liability to Public Agency, may suspend or terminate
any or all Services and refuse additional orders for Products until all overdue amounts are paid in full. Dell
shall be entitled to all reasonable legal and attorney fees and associated costs of collecting overdue amounts.
The entity using the contract will make payments directly to the awarded vendor except instances where a
reseller, under this contract, is selling Dell products and other products provided by Dell to the reseller, invoices
will be issued by the reseller to a Public Agency and payments shall be made to the applicable reseller.. or
their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is
provided to the awarded vendor.
Adding Authorized Distributors/Dealers
Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the
life of the contract. Vendor must receive written approval from NCPA before any such
distributors/partners/resellers is considered authorized.
Purchase orders and payment can only be made to awarded vendorVendor or distributors/ business
partners/resellers previously approved by NCPA.
Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing
offered by the awarded contract holder.
All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendorVendor's
agreement with NCPA.
Pricing
All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is
the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.
All ground shipping deliveries s for standard products shall be freight prepaid, F.O.B. destination and shall be
included in all pricing offered unless otherwise clearly stated in writing Expedited and larger products shall be
subject to freight charges.
Page 42 of 404
Warranty
Proposal should address the following warranty information:
Applicable warranty and/or guarantees of equipment and installations including any conditions and
response time for repair and/or replacement of any components during the warranty period.
Availability of replacement parts
Life expectancy of equipment under normal use
Detailed information as to proposed return policy on all equipment
Dell’s warranty terms located at DELL.COM/WARRANTYTERMS, included as Appendix E shall be applicable
to sales under this contract. Products: Vendor shall provide equipment, materials and products that are new
unless otherwise specified, of good quality and free of defects
Construction: Vendor shall perform services in a good and workmanlike manner and in accordance with
industry standards for the service provided.
Safety
Vendors performing services shall comply with occupational safety and health rules and regulations. Also all
vendors and subcontractors shall be held responsible for the safety of their employees and any conditions that
may cause injury or damage to persons or property.
Permits
Since this is a national contract, knowing the permit laws in each state is the sole responsibility of the
vendorVendor.
Indemnity
If Public Agency purchased Products or Services directly from Dell, Dell shall defend and indemnify Public
Agency against any third-party claim that Dell-branded Products or Services (excluding Third-Party Products
and open source software) infringe or misappropriate that third party’s United States (“U.S.”) patent, copyright,
trade secret, or other intellectual property rights (“Claim(s)”). In addition, if Dell receives prompt notice of a
Claim that Dell believes is likely to result in an adverse ruling, then Dell shall at its option, (i) obtain a right for
Public Agency to continue using such Products or Deliverables or for Dell to continue performing the Services;
(ii) modify such Products or Services to make them noninfringing; (iii) replace such Products or Services with
a non-infringing equivalent; or (iv) if Public Agency purchased directly from Dell, refund any pre-paid fees for
the allegedly infringing Services that have not been performed or provide a reasonable depreciated or pro rata
refund for the allegedly infringing Product or Deliverables. Dell shall have no obligation for any claim arising
from (a) modifications of the Products and Services that were not performed by or on behalf of Dell; (b) misuse,
or the combination or use with Third-Party Products (the combination of which causes the claimed
infringement); or (c) Dell’s compliance with Public Agency’s written specifications, including the incorporation
of any software or other materials or processes Public Agency provides or requests. Dell’s duty to indemnify
and defend the Claim is contingent upon: (x) Public Agency’s prompt written notice of the Claim; (y) Dell’s right
to solely control the defense and resolution of the Claim; and (z) Public Agency’s cooperation in defending and
resolving the Claim. These are Public Agency’s exclusive remedies for any third-party intellectual property
claim, and nothing in this Agreement or elsewhere will obligate Dell to provide any greater indemnity. B. Public
Agency shall defend and indemnify Dell against any third-party claim resulting or arising from: (i) Public Agency
failure to obtain any appropriate license, intellectual property rights, or other permissions, regulatory
certifications, or approvals associated with technology or data provided by Public Agency, or associated with
software or components requested by Public Agency to be used with, or installed or integrated as part of the
Products or Services; (ii) Public Agency’s violation of Dell’s intellectual property rights; (iii) any inaccurate
representation regarding the existence of an export license or any allegation made against Dell due to Public
Agency’s alleged violation of applicable export laws; or (iv) Public Agency transferring or providing access to
Excluded Data (as defined below) to Dell. C. Each party shall defend and indemnify the other against any third-
Page 43 of 404
party claim for personal bodily injury, including death, where the injury has been exclusively caused by the
indemnifying party’s gross negligence or willful misconduct in connection with this Agreement. The awarded
vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators,
employees and agents against all claims, damages, losses and expenses arising out of or resulting from the
actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the
later execution of the contract.
Franchise Tax
The respondent hereby certifies to the best of signatory’s knowledge that he/she is not currently delinquent in
the payment of any franchise taxes.
Supplemental Agreements
The Each Public Agencyentity participating in this contract and awarded vendorVendor may enter into the
followinga separate supplemental agreements to further define the level of service requirements needed to
enable such offerings under this Master Agreement over and above the minimum defined in this contract i.e.
invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement
developed as a result of this contract is exclusively between the participating Public Agencyentity and awarded
vendorVendor and shall be governed solely by the terms set forth in such separate supplemental agreement..
r; however no changes to the contract terms regarding reporting, indemnity, payment or limitation of liability
shall be altered by a NCPA member or purchasing/ participating entity.
Services Agreements.
Dell may provide Services, Service-related Software, or Deliverables to CustomerPublic Agency in accordance
with one or more “Service Agreements.” “Service Agreements” are service contracts, including “Service
Descriptions” available at www.dell.com/offeringspecificterms, “Statements of Work,” and any other mutually
executed documents. Each Service Agreement will be interpreted separately from any other Service
Agreement .
Dell APEX Cloud Services.
Dell may provide Services, Cloud services (includes any service made available to users through the Internet
from a computing provider's servers), such as software-as-a-service, Platform as a Service, Infrastructure as
a Service and storage-as-a-service, Service-related Software, or Deliverables to CustomerPublic Agency in
accordance with one or more “Service Agreements.” “Service Agreements” are service contracts, including
“Service Descriptions” available at www.dell.com/dellemccloudterms and/or
https://www.dell.com/learn/us/en/uscorp1/terms-of-sale “Statements of Work,” and any other mutually
executed documents. Each Service Agreement will be interpreted separately from any other Service
Agreement.
Dell APEX Flex on Demand.
In addition, vendorVendor may offer consumption-based models under its Dell APEX Flex on Demand Program
(“FOD”) as an alternative flexible payment solution under a separate Master Flexible Consumption Agreement
(“MFCA”). Any FOD solution will be subject to the terms and conditions of the MFCA only, an example of which
is attached hereto in Appendix G. Eligible Public Agencies shall negotiate the terms and conditions of such
FOD solution directly with vendorVendor or its designated affiliate or its authorized distributor/partner/reseller,
including, but not limited to, the MFCA, any corresponding FOD schedule (“Schedule”), and any other
documentation that may be required for such FOD transaction. The parties recognize that the MFCA and any
Schedule executed by the parties hereunder are separate and independent agreements between the Eligible
Public Agency and vendorVendor or its designated affiliate or its authorized distributor/partner/reseller, with
the terms thereof constituting the entire agreement for such FOD transaction. To the extent of any conflict or
inconsistency between the terms of the MFCA and the terms of this Master Agreement, the terms, and
conditions of the MFCA will prevail for such offerings. Samples of the MFCA, Schedule, and any other related
documentation that may be applicable are attached hereto in Appendix H.
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Leasing and Financing; Payment Solutions.
Leasing and financing services and other flexible payment solutions made available directly through Dell
Financial Services L.L.C. (“DFS”) or Pharos Financial Services L.P. (“PFS”) are allowed under this Master
Agreement in accordance with one or more of the separately negotiated DFS or PFS lease or finance
agreements (“Lease(s)”). Samples of each Lease are attached hereto as Appendix H
If this Master Agreement does not contain Lease terms and conditions, eligible Public Agencies under this
Master Agreement who are authorized to execute such Leases under applicable law may do so by executing
a separate Lease directly with DFS or PFS for the hardware, software, and/or services obtained under this
Master Agreement. Any Lease solutions will be subject to the terms and conditions of the corresponding DFS
or PFS Lease. Eligible Public Agencies shall negotiate the terms and conditions of such Lease with DFS or
PFS directly. To the extent of any conflict or inconsistency between the terms of the DFS or PFS Lease and
the terms of this Master Agreement, the terms and conditions of the DFS or PFS Lease will prevail.
Certificates of Insurance
Dell will offer a memorandum of Insurance to members and will endeavor to provide notice of cancellation
within 30 days to Region 14 ESC and NCPA. Dell has existing contracts with its subcontractors and Dell is
responsible for providing the contracted for services. Certificates of insurance shall be delivered to the Public
Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in
which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10)
days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all
subcontractors performing any work to maintain coverage as specified.
Legal Obligations
It is the Respondent’s responsibility to be aware of and comply with all applicable local, state, and federal
laws governing the sale of products/services identified in this RFP and any awarded contract and shall
comply with all applicable laws while fulfilling the RFP. Applicable laws and regulation must be followed
even if not specifically identified herein.
Protest
A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the
official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14
ESC and shall include the following:
Name, address and telephone number of protester
Original signature of protester or its representative
Identification of the solicitation by RFP number
Detailed statement of legal and factual grounds including copies of relevant documents and the form of
relief requested
Any protest review and action shall be considered final with no further formalities being considered.
Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its
obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in
writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the
obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended
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during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period,
and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
Notwithstanding the above, this section will not modify, terminate, cancel or otherwise negate or replace in any
way any Public Agency’s rights, duties, and obligations (including a Public Agency’s payment obligations to
DFS or PFS) under the terms and conditions of a duly executed Lease (as defined above) and MFCA (as
defined above) between DFS or PFS and any Public Agency, the terms of which shall take precedence. The
foregoing is not withstanding any force majeure insurance on the payment stream that a Public Agency may
have.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial
disturbances, act of public enemy, orders and regulation of any kind of government of the United States or any
civil or military authority; insurrections; riots; epidemics; pandemic; landslides; lighting; earthquake; fires;
hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances;
explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within
the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and
lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement
that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes
and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable
in the judgment of the party having the difficulty.
Prevailing Wage
It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage law legislation
in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the
prevailing wage rates as established by the appropriate department of labor for any increase in rates during
the term of this contract and adjust wage rates accordingly.
Termination
Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take
effect 30 business days after the other party receives the notice of cancellation. After the 30th business day
all work will cease following completion of final purchase order. This Section on termination shall not apply to
any lease financier (including, but not limited to, Dell Financial Services L.L.C.) or any related lease and finance
or flexible payment solution agreements or any of Region 14 or Public Agency’s, duties, and obligations
including, but not limited to, its payment obligations to DFS thereunder.
Open Records Policy
Because Region 14 ESC is a governmental entity responses submitted are subject to release as public
information after contracts are executed. , as required by applicable law. Dell will comply with applicable law
and opinions of the applicable governing body concerning open recordsIf a vendor believes that its response,
or parts of its response, may be exempted from disclosure, the vendor must specify page-by-page and line-by-
line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which
exception(s) are applicable and provide detailed reasons to substantiate the exception(s).
The determination of whether information is confidential and not subject to disclosure is the duty of the Office
of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient
information to render an opinion and therefore, vague and general claims to confidentiality by the respondent
are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no
responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with
their legal counsel concerning disclosure issues resulting from this procurement process and to take
precautions to safeguard trade secrets and other proprietary information.
Dell requests the following language be incorporated into any contract resulting from award of this solicitation:
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NCPA Members, by purchasing from Dell agree to the terms between NCPA and Dell under the contract.
Compliance with Laws
A. In performing its obligations under this Agreement, each party agrees to comply with all laws and regulations
applicable to such party including the customs and export control laws and regulations of the U.S.; and the
country in which the Products or Services are delivered or performed. B. Public Agency certifies that all items
(including hardware, software, technology and other materials) it provides to Vendor for any reason that
contain or enable encryption functions either (i) satisfy the criteria in the Cryptography Note (Note 3) of
Category 5, Part 2 of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use
Goods and Technologies or (ii) employ key length of 56-bit or less symmetric, 512-bit asymmetric or less, and
112-bit or less elliptic curve. Vendor is not responsible for determining whether any Third-Party Product to be
used in the Products and Services satisfies regulatory requirements of the country to which such Products or
Services are to be delivered or performed, and Vendor shall not be obligated to provide any Product or Service
where the resulting Product or Service is prohibited by law or does not satisfy the local regulatory requirements.
C. Vendor’s privacy policies explain how Vendor treats Public Agency’s personal information and protects
Public Agency’s privacy and can be found at Vendor.com/privacy.
Limitation of Liability
A. VENDOR WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE
PRODUCTS OR SERVICES. EXCEPT FOR PUBLIC AGENCY BREACH OF SECTIONS 3(D) OR 7, OR
COUSTOMER VIOLATION OF VENDOR’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL
HAVE LIABILITY FOR THE FOLLOWING: (i) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS; (ii)
LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE
RECOVERY OF SUCH; (iii) LOSS OF BUSINESS OPPORTUNITY; (iv) BUSINESS INTERRUPTION OR
DOWNTIME; (v) THE PRODUCTS, DELIVERABLES OR THIRD-PARTY PRODUCTS NOT BEING
AVAILABLE FOR USE; OR (vi) THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES. B.
VENDOR’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT (INCLUDING PRODUCTS AND SERVICES) IN ANY 12 MONTH PERIOD SHALL NOT
EXCEED THE TOTAL AMOUNT RECEIVED BY VENDOR DURING THE PRIOR 12 MONTHS OF THIS
AGREEMENT FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO SUCH CLAIM(S). C. THESE
LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER
BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. THESE
LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE
CONSIDERATION FOR VENDOR’S SALE OF PRODUCTS OR SERVICES TO PUBLIC AGENCY, AND
WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
Software.
Public Agency rights to use the Software delivered by Supplier are governed by the terms of the applicable
end-user license agreement. Unless different terms have been agreed between the parties, the terms posted
on www.dell.com/eula (the “EULA”) shall apply. Supplier will provide a hard copy of the applicable terms upon
request. Unless expressly otherwise agreed, microcode, firmware or operating system software required to
enable the Equipment with which it is shipped to perform its basic or enhanced functions, is licensed for use
solely on such Equipment.
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Acceptance.
All Products and Third Party Products will be deemed to be accepted upon Delivery. Notwithstanding such
acceptance, Public Agency retains all rights and remedies under the warranty terms stated below. Public
Agency may only return Products to Supplier that are permitted to be returned pursuant to the return policy at
www.dell.com/returnspolicy.
Hardware Returns and Exchanges.
Public Agency agrees to Vendor's return policy as stated at www.dell.com/returnspolicy. Before returning or
exchanging Hardware, Public Agency must contact Vendor to obtain an authorization number for Public
Agency return. Public Agency must return Hardware in its original or equivalent packaging, and Public Agency
is responsible for risk of loss and shipping and handling fees. Additional fees, including up to a 15% restocking
fee, may apply. If Public Agency fails to follow the return or exchange instructions, Vendor will not be
responsible for any loss, damage, or modification of Hardware, or processing of Hardware for disposal or
resale. Credit for partial returns may be less than invoice or individual component prices due to bundled or
promotional pricing associated with Public Agency’s purchase. Title to returned or exchanged Hardware shall
pass to Vendor upon receipt at the specified Vendor facility.
Changed or Discontinued Products or Services.
Vendor may revise or discontinue Products and Services at any time, including after Public Agency places an
Order, but prior to Vendor’s shipment or performance. As a result, Products and Services Public Agency
receives might differ from those ordered. However, Dell-branded Products will materially meet or exceed all
published specifications for the Products. Parts used in repairing or servicing Products may be new,
equivalent-to-new, or reconditioned.
Proprietary Rights
The Products and Software are protected pursuant to copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. All right, title, and interest in the intellectual property
(including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in the Software,
Products and Deliverables, and the methods by which the Services are performed and the processes that
make up the Services, shall belong solely and exclusively to Vendor or its suppliers or licensors. Subject to
Vendor’s receipt of payment in full for the applicable Services, Vendor grants Public Agency a non-exclusive,
non-transferable, royalty-free right to use the Deliverables solely (i) in the country or countries in which Public
Agency does business; (ii) for Public Agency’s internal use; and (iii) as necessary for Public Agency to enjoy
the benefit of the Services as stated in the applicable Service Agreements.
For Reseller transactions:
For any transactions under this contract in which Vendor resellers are reselling products obtained from Vendor,
the following terms shall apply: Vendor will require its resellers to agree to the terms of the NCPA contract with
Vendor. The reseller sales transactions, including quoting, pricing, order taking, invoicing, payment for reseller
transactions shall be between the NCPA member and the reseller. Pricing will not be determined by Vendor
but must be incompliance with the pricing requirements in Vendor’s NCPA contract. Fees and reporting for
Vendor reseller transactions with NCPA members shall be provided by the Vendor reseller only. Payments
made by NCPA or its members for these reseller transactions shall be made to the reseller. Vendor will propose
authorized resellers to be added to contract for Region 14 ESC and NCPA approval. NCPA and Vendor must
be in agreement on resellers to be added to contract. Vendor can have a reseller removed from contract, upon
notice. Vendor is not liable should the reseller fail to follow the terms of the contract.
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Shipping Charges; Title; Risk of Loss.
Unless otherwise agreed, Supplier shall arrange for shipment of the ordered Products to the ship-to address
indicated in the Order, through a common carrier designated by Supplier. Delivery dates are indicative.
Software may be provided by delivery of physical media or through electronic means. Public Agency shall
notify Supplier within 21 days of the invoice date if Public Agency believes any Product included in its Order is
missing, wrong, or damaged, and shall ensure that the intended installation site meets the specifications as
per the product documentation. Risk of loss for Equipment and for physical media containing licensed Software
transfers to Public Agency upon Delivery. Title to sold Equipment passes to Public Agency upon Delivery.
“Delivery” for Equipment occurs when Supplier provides the Equipment to the carrier at Supplier’s designated
point of shipment; “Delivery” for Software occurs either when Supplier provides physical media (or the
Equipment on which it is installed) to the carrier at Supplier’s designated point of shipment, or the date Supplier
notifies Public Agency that Software is available for electronic download. Unless otherwise agreed, cost of
transit insurance on behalf of Public Agency shall be included in the total price stated on the Quote.
Excluded Data
Public Agency agrees that it will obtain all necessary rights, permissions and consents associated with: (a)
technology or data (including personal data) that Public Agency and its Affiliates provide to Supplier or its
Affiliates, and (b) non-Supplier software or other components that Public Agency and its Affiliates direct or
request that Supplier or its Affiliates use with, install, or integrate as part of the Supplier’s Offerings. Public
Agency is solely responsible for reviewing data that will be provided to or accessed by Supplier in the provision
of the Offerings to ensure that it does not contain: (i) data that is classified, ITAR (International Traffic in Arms
Regulations) related data, or both; or (ii) articles, services, and related technical data designated as defense
articles and defense services. Public Agency will defend and indemnify Supplier and its Affiliates against any
third party claim resulting from a breach of the foregoing, or from Public Agency’s infringement or
misappropriation of intellectual property rights of Supplier, its Affiliates or third parties.
U.S. Government Restricted Rights.
The software and documentation provided are “commercial products” as defined in Federal Acquisition
Regulation (“FAR”) Section 2.101, consisting of “commercial computer software” and “commercial computer
software documentation” as these terms are used in FAR 12.212 and Defense Federal Acquisition Regulation
Supplement (“DFARS”) Section 227.7202, as applicable. Consistent with FAR 12.212 and DFARS Section
227.7202, all U.S. Government end users acquire the software and documentation with only those rights set
forth herein
Taxes.
The charges due hereunder are exclusive of, and Public Agency shall pay or reimburse Supplier for all value
added (VAT), sales, use, excise, withholding, personal property, goods and services and other similar taxes,
governmental fees, levies, customs and duties resulting from Public Agency’s purchase, except for taxes based
on Supplier’s net income, gross revenue, or employment obligations. If Public Agency qualifies for a tax
exemption, Public Agency must provide Supplier with a valid certificate of exemption or other appropriate proof
of exemption. If Public Agency is required to withhold taxes, then Public Agency will within 60 days of
remittance to the applicable tax authority provide Supplier with satisfactory evidence (e.g., official withholding
tax receipts) that Public Agency has accounted to the relevant authority for the sum withheld or deducted,
otherwise Supplier will charge Public Agency for the amount that Public Agency has deducted for the
transaction.
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SIGNATURE FORM
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the
terms, specifications and conditions at the prices proposed within response unless noted in writing. The
undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind
the company named below and has not prepared this bid in collusion with any other Respondent and that the
contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the
undersigned nor by any employee or agent to any person engaged in this type of business prior to the official
opening of this proposal.
Prices are guaranteed: 120 days
Dell Marketing, L.P.
Company Name
One Dell Way
Address
Round Rock TX 78286
City State Zip
512.720.7429
Telephone Number Fax Number
Stacey.Skala@Dell.com
Email Address
Stacey Skala Proposal Manager
Printed Name Position
Authorized Signature
Dell agrees to discuss and negotiate the terms of the Administration Agreement and the administration fee
upon award.
Dell respectfully requests the following modifications to the terms provided Tab 1 and Tab 2 of Solicitation
Number 45-22 for Technology Solutions. Dell also requests that the additional terms provided be
incorporated into any final contract resulting from award of this solicitation. As needed, Dell agrees to enter
into good faith negotiation of mutually agreeable terms.
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Tab 2 - NCPA Administration Agreement
Dell agrees to discuss and negotiate the terms of the Administration Agreement and the administration fee
upon award.
Dell respectfully requests the following modifications to the terms provided Tab 1 and Tab 2 of Solicitation
Number 45-22 for Technology Solutions. Dell also requests that the additional terms provided be
incorporated into any final contract resulting from award of this solicitation. As needed, Dell agrees to enter
into good faith negotiation of mutually agreeable terms.
This Administration Agreement is made as of , by and
between National Cooperative Purchasing Alliance (“NCPA”) and
(“Vendor”).
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated
, referenced as Contract Number , by
and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the
terms thereof (the “Master Agreement”), for the purchase of IT Security Products and Data Protection
Solutions;
WHEREAS, said Master Agreement provides that any state, city, special district, local
government, school district, private K-12 school, technical or vocational school, higher education
institution, other government agency or nonprofit organization (hereinafter referred to as “public agency”
or collectively, “public agencies”) may purchase products and services at the prices indicated in the
Master Agreement;
WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the
Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other
master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement;
WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master
Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual
covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
General Terms and Conditions
The Master Agreement, attached hereto as Exhibit 1 and incorporated herein by reference as
though fully set forth herein, and the terms and conditions contained therein shall apply to this
Administration Agreement except as expressly changed or modified by this Administration
Agreement.
NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14
December 1, 2022
December 1, 2022 01-143
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ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue
and apply with equal effect to NCPA under this Administration Agreement including, but not
limited to, Contractor’s obligation to provide appropriate insurance and certain indemnifications
to Region 14 ESC.
Contractor shall perform all duties, responsibilities and obligations required under the Master
Agreement in the time and manner specified by the Master Agreement.
NCPA shall perform all of its duties, responsibilities, and obligations as administrator of
purchases under the Master Agreement as set forth herein, and Contractor acknowledges that
NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
With respect to any purchases made by Region 14 ESC or any Participating Agency pursuant to
the Master Agreement, NCPA (a) shall not be construed as a dealer, re- marketer,
representative, partner, or agent of any type of Contractor, Region 14 ESC, or such Participating
Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 14
ESC, any Participating Agency or any employee of Region 14 ESC or Participating Agency
under the Master Agreement, or (ii) for any payments required to be made with respect to such
order, and (c) shall not be obligated, liable or responsible for any failure by the Participating
Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due
authorization and approval necessary to purchase under the Master Agreement. NCPA makes
no representations or guaranties with respect to any minimum purchases required to be made by
Region 14 ESC, any Participating Agency, or any employee of Region 14 ESC or Participating
Agency under this Administration Agreement or the Master Agreement.
With respect to any supplemental agreement entered into between a Participating Agency and
Contractor pursuant to the Master Agreement, NCPA, its agents, members and employees shall
not be made party to any claim for breach of such agreement.
This Administration Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the subject matter hereof, and no other
agreement, statement, or promise relating to the subject matter of this Administrative
Agreement which is not contained herein shall be valid or binding.
Upon Vendor's corporate marketing/compliance prior review and approval, and subject to the
requirements of the brand usage guidelines located at
https://brand.delltechnologies.com/logos/, Vendor agrees to allow Customer to use their name
and logo within Customer-maintained websites, marketing materials and advertisements. Any
use of NCPA name and logo or any form of publicity regarding this Administration Agreement
or the Master Agreement by Contractor must have prior approval from NCPA.
If any action at law or in equity is brought to enforce or interpret the provisions of this
Administration Agreement or to recover any administrative fee and accrued interest, the
prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other
relief to which such party may be entitled.
Neither this Administration Agreement nor any rights or obligations hereunder shall be
assignable by Contractor without prior written consent of NCPA, provided, however, that the
Contractor may, without such written consent, assign this Administration Agreement and its rights
and delegate its obligations hereunder in connection with the transfer or sale of all or
substantially all of its assets or business related to this Administration Agreement, or in the event
of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall
assume all assigned obligations of its assignor under this Administration Agreement.
This Administration Agreement and NCPA’s rights and obligations hereunder may be assigned
at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority
and capacity to perform NCPA’s obligations hereunder.
Term of Agreement
This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however,
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that the obligation to pay all amounts owed by Vendor to NCPA through the
termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of
this Agreement.
Fees and Reporting
The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar
volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15th) day
after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile
all sales under the contract from participating members and submit one (1) report. The report shall
include at least the following information as listed in the example below:
Entity Name Zip Code State PO or Job # Sale Amount
Total
Dell Response:
Dell agrees to discuss and negotiate the terms of the Administration Agreement and the administration fee
upon award. Typically, reporting is available 30 days after the close of the previous quarter.
Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the
invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below.
Vendor’s annual sales shall be measured on a calendar year basis. Deadline for term of payment will be
included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
Dell Response:
Dell agrees to discuss and negotiate the terms of the Administration Agreement and the administration fee
upon award.
Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master
Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4)
years from the date NCPA receives the accounting. In the event of such an audit, the requested materials
shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals
an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall
promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall
be obligated to reimburse NCPA’s costs and expenses for such audit.
Dell Acknowledges.
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Dell agrees to discuss and negotiate the terms of the Administration Agreement and the administration fee
upon award.
Dell respectfully requests the following modifications to the terms provided Tab 1 and Tab 2 of Solicitation
Number 45-22 for Technology Solutions. Dell also requests that the additional terms provided be
incorporated into any final contract resulting from award of this solicitation. As needed, Dell agrees to enter
into good faith negotiation of mutually agreeable terms.
Matthew Mackel
Director, Business Development
PO Box 701273
Houston, TX 77270
December 1, 2022
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Tab 3 - Vendor Questionnaire
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Dell Marketing L.P. 22
Tab 4 - Vendor Profile
Please provide the following information about your company:
Company’s official registered name.
Dell Marketing L.P.
Brief history of your company, including the year it was established.
Dell Response:
Headquartered in Round Rock, Texas Dell was established in 1984 by Michael Dell at the
University of Texas
Dell was founded in 1984 by Michael Dell in his dorm room at the University of Texas. In 1988,
Dell became publicly traded under the name Dell Computer Corporation. The Company was
incorporated in the state of Delaware on January 31, 2013, under the name Denali Holding Inc.
in connection with Dell’s going-private transaction by Michael Dell and Silver Lake Partners,
which was completed in October 2013. In 1979, Richard Egan and Roger Marino, university
roommates, quit their jobs and founded EMC in Newton, Massachusetts. In September 2016,
EMC Corporation became part of the Dell Technologies family of companies and was renamed
Dell EMC. In December 2018, Dell Technologies Class C common stock (NYSE: DELL) began
trading on the New York Stock Exchange.
1979 Richard Egan and Roger Marino - former university roommates - quit their jobs and founded EMC in
Newton, Massachusetts, five years before Michael Dell's vision was materialized.
1984
At age 19, Michael Dell founded PC's Limited with $1,000 and a game-changing vision for how
technology should be designed, manufactured and sold.
As a pre-med freshman at the University of Texas at Austin, Michael starts Dell, then doing
business as PC's Limited.
1985
Dell designs and builds their first computer system, the Turbo PC, featuring an Intel 8088 processor
running at 8MHz, a 10MB hard drive and a 5.25" floppy drive.
The company establishes customer experience as a Dell differentiator with risk-free returns and
next-day, at-home product assistance, among the first in our industry.
1989 Dell joins the mobile computing revolution with its first laptop computer, the 316LT.
1992 Dell debuts on the Fortune 500. Michael becomes the youngest CEO to lead a company that
receives this honor.
1996
The company takes sales online in 1996, setting the bar for ecommerce worldwide. Dell rapidly
expands its global operations by opening the first Asia-Pacific Customer Centre in Penang,
Malaysia.
1997 EMC's great global presence is materialized as they are named worldwide open storage market
leader.
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Dell Marketing L.P. 23
2000
Internet sales on dell.com reach $40 million a day, making it one of the highest-volume ecommerce
sites in the world.
Recognizing early on the need and opportunity for mobility in IT, Dell incorporates built-in WiFi for
on-the-go internet access for our customers.
2001
It's a year of firsts as Dell becomes the No. 1 computer systems provider worldwide and reaches
No. 1 in U.S. Intel-based server shipments. Dell inks an agreement with storage leader EMC to
enable more affordable enterprise-class storage area network solutions for customers of all sizes.
2005
Dell tops the list of "America’s Most Admired Companies" in Fortune Magazine.
Furthering our commitment to the environment, Dell OptiPlex desktop line of products features a
lead-free motherboard, power supply and chassis.
2006 EMC opens a new software development centre in Shanghai—the company's first China-based
research and development facility.
2010
Dell acquires key IP in storage, systems management, cloud computing and software: Boomi,
Exanet, InSite One, KACE, Ocarina Networks, Scalent and Dell Compellent.
Dell is the No. 1 healthcare information technology services provider in the world according to
Gartner, Inc. and wins more than 300 industry awards in 2010.
The company accelerates enterprise customers’ move to the cloud with Dell Virtual Integrated
Systems solutions, based on open architecture solutions that focus on interoperability and extending
the legacy investments of our customers.
Dell enters the tablet arena with the Streak, a 5-inch device designed to provide the best on-the-go
entertainment, social connection and navigation experience.
Newsweek names Dell the greenest company in America.
2013
Michael Dell and private equity firm Silver Lake Partners buy back Dell from public shareholders to
accelerate its solutions strategy and to focus on the innovations and long-term investments with the
most customer value.
2014
One year post-privatization, Dell is the fastest growing, large integrated IT company in the world
with revenue growth across our businesses and PC and server share gains outpacing the market.
Investments in our strategy continue with the acquisition of data analytics leader StatSoft and
breakthrough enterprise innovations like our 13th generation of PowerEdge servers and FX Series
converged infrastructure solutions.
Dell is the global storage leader in total terabytes sold and sets the new industry standard for value
with the SC4020 All Flash Array.
Our corporate responsibility leadership garners global accolades with the Keep America Beautiful
Vision for America Award, Accenture Circular Economy Pioneer Award, and a spot on Ethisphere
Institute’s list of the World’s Most Ethical Companies.
2015 Customer satisfaction rates reach record highs as customers feel the effects of Dell's singular focus
as a private company.
2016
2021
The Dell journey and the EMC journey join to reach customers and their great ideas globally and to
drive human progress. The newly combined Dell Technologies marks the completion of the biggest
tech deal in history.
Dell Technologies completed the spinoff of VMware forming two standalone public companies.
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Dell Marketing L.P. 24
Company’s Dun & Bradstreet (D&B) number.
Dell Marketing L.P. D & B #: 87-793-6518
Company’s organizational chart of those individuals that would be involved in the
contract.
Dell Response:
By working with Dell Technologies, you can be assured NCPA and customer agencies will have
access to the highest quality talent and support from experts who specialize in the public sector
and education markets.
Contract Program Managers: Experienced Contract Program Managers (CPM) are assigned
to large contracts to ensure contract compliance and reporting activities. CPM will also aid in
marketing the contract to our SLED account team members leading to increased adoption within
the State. Katherine Dunay, who currently serves as the CPM for NCPA will continue to serve
as the main Point of Contact.
● Contract Management and Compliance - Manage the Contract and relationships with State
Procurement Officers to ensure compliance with all state requirements. Design, manage, and
maintain contractually required internal websites for contracts.
● Partner Management - Manage contracts for partner companies, including partner
agreements, amendments, and compliance requirements and reports.
● Audit - Conduct contract audits to ensure that all data has been reported accurately and can
be supported internally through a verifiable audit trail. Conduct audits of customer sales for
issues regarding rebates, returns, and contract pricing.
● Sales Training & Consultation - Create and conduct custom presentations for training
purposes given to sales partners, sales teams, and other internal departments. Consult with
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Dell Marketing L.P. 25
customers and sales on the most appropriate contract options based on scope, pricing,
contract terms and language.
● Operations - Analyze business processes and implement changes to enable better customer
service to our end customers. Created an automated process in Access to generate custom
contract price lists based on contractual requirements.
Corporate office location.
o List the number of sales and services offices for states being bid in solicitation.
o List the names of key contacts at each with title, address, phone and e-mail
address.
Dell Response:
Dell has 46 offices in the US. Key contacts servicing each customer agency can be provided
by the Contract Program Manager, upon request.
At the heart of our customer service capabilities are our Customer Service Centers, giving
you instant access to experts skilled in the latest technologies. Support and Operations
Centers are located throughout the world in locations including the following primary centers:
Boston Area in Massachusetts; Seattle, Washington, Bay Area in California; Draper
Utah; Research Triangle Park NC, Burlington, Ontario; Barueri, Brazil; Cork, Ireland;
Cairo, Egypt; Tokyo, Japan; Bangalore, India; Shanghai, China, and Sydney Australia.
1465 North
Scottsdale Road,
Suite 450
SkySong 5
Scottsdale
Arizona
85257
4 McKissic Creek
Road
Suite 6
Bentonville
Arkansas
72712
430 Cowper Street
Suite 200
Palo Alto
California
94301
135 Technology
Drive
Suites 100,150,200 &
250
Irvine
California
92618
5450 Great
America Parkway
Santa Clara
California
95054
440 First Street,
NW
Suite 820
Washington DC
District of
Columbia
20001
14591 S.W. 120th
Street
Miami
Florida
33186
10010 Junction
Drive
Annapolis Junction
Maryland
20701
777 Virginia Road
Concord
Massachusetts
01742
50 Constitution
Boulevard
Franklin
Massachusetts
02038
55 Constitution
Boulevard
Franklin
Massachusetts
02038
109 Constitution
Boulevard
Franklin
Massachusetts
02038
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Dell Marketing L.P. 26
111 Constitution
Boulevard
Franklin Industrial
Park
Franklin
Massachusetts
02038
42 South Street
Hopkinton
Massachusetts
01748
108 South Street
Hopkinton
Massachusetts
01748
117 South Street
Hopkinton
Massachusetts
01748
171 South Street
Hopkinton
Massachusetts
01748
176 South Street
Hopkinton
Massachusetts
01748
228 A/B South Street
Hopkinton
Massachusetts
01748
228 C South Street
Hopkinton
Massachusetts
01748
7615 Smetana
Lane
Eden Prairie
Minnesota
55344-3712
7625 Smetana
Lane
Eden Prairie
Minnesota
55344
1 Penn Plaza
Suite 2920
New York City
New York
10119
5800 Technology
Drive
Apex
North Carolina
27539
4121 Surles Court
Durham
North Carolina
27703
62 TW Alexander
Drive
Research Triangle
Park
North Carolina
27709
3501 SW 15th
Street, Bldg A
Oklahoma City
Oklahoma
73108
3501 SW 15th
Street, Bldg B
Oklahoma City
Oklahoma
73108
1 Dell Parkway
Nashville
Tennessee
37217
1225 Alma Road
Suite 160
Richardson
Texas
75081
200 Dell Way
(RR5)
Round Rock
Texas
78682
12500 Tech Ridge
Boulevard, Bldg
PS4
Austin
Texas
78753
1404 Park Center
Dr.
Austin
Texas
78754
4309 Emma
Browning Avenue
Austin
Texas
78719
701 E. Parmer
Lane, Bldg PS3
Austin
Texas
78753
701 E. Parmer
Lane, Bldg PS3B
Austin
Texas
78753
701 E. Parmer
Lane, Bldg PS2
Austin
Texas
78753
9715 Burnet Road
Metric - 7, Suite
300
Austin
Texas
78758
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Dell Marketing L.P. 27
5822 Cromo Drive
El Paso
Texas
79912
2300 Greenlawn
Boulevard (RR3E)
Round Rock
Texas
78682
2300 Greenlawn
Boulevard (RR3)
Round Rock
Texas
78682
2401 Greenlawn
Boulevard (RR7)
Round Rock
Texas
78682
2401 Greenlawn
Boulevard (RR8)
Round Rock
Texas
78682
401 Dell Way (RR1)
Round Rock
Texas
78682
501 Dell Way
(RR2)
Round Rock
Texas
78682
501 Dell Way
(RR2W)
Round Rock
Texas
78682
501 Dell Way
(RR2E)
Round Rock
Texas
78682
9830 Colonnade
Boulevard
Suite 380
San Antonio
Texas
78230
13197 South
Frontrunner
Boulevard
Draper
Utah
84020
8444 Westpark
Drive
Floors 1, 3, 7, 8 &
9
Mclean
Virginia
22102
505 First Avenue South
4th Floor
Seattle
Washington
98104
Define your standard terms of payment.
Dell Response:
Customer must pay Supplier’s invoices in full and in the same currency as Supplier’s quote
within the time noted on Supplier’s invoice, or if not noted, then within 30 days after the date of
the invoice, with interest accruing after the due date at the lesser of 1.5% per month or the
highest lawful rate. Supplier may invoice parts of an Order separately or together in one invoice.
All invoice terms will be deemed accurate unless Customer advises Supplier in writing of a
material error within 10 days following receipt. If Customer advises Supplier of a material error,
(a) any amounts corrected by Supplier in writing must be paid within 14 days of correction, and
(b) all other amounts shall be paid by Customer by the due date. If Customer withholds payment
because Customer believes an invoiced amount is incorrect, and Supplier concludes that the
amount is accurate, Customer must pay interest on the unpaid disputed amount from the due
date until Supplier’s receipt of payment. Customer may not offset, defer or deduct any invoiced
amounts that Supplier determines are correct following the notification process stated above.
Supplier, without waiving any other rights or remedies and without liability to Customer, may
suspend Services until all overdue amounts are paid in full.
Who is your competition in the marketplace?
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Dell Marketing L.P. 28
Dell Response:
Dell Technologies offers one of the broadest portfolios of IT Solutions and Services. Our
competition differs depending on the product or service being offered.
The technology market is increasingly competitive, but we don’t see one single company or set
of companies as our key competitors. Our business is diverse and strong, and we see ourselves
in a truly differentiated position in the eyes of our customers. There really is not another
company like Dell Technologies out there that can address so many customers needs today
and in the future.
What differentiates your company from competitors?
To find information on how Dell products and solutions compare against competition across a
broad mix of head-to-head product comparisons, third party competitive research, compelling
blogs and customer stories to make an informed purchase decision, visit the link below.
https://www.dell.com/en-us/dt/what-we-do/competitor-comparisons.htm
Describe how your company will market this contract if awarded.
Dell Response:
Dell Technologies has successfully partnered with NCPA to help its members agencies meet their
technology needs. In continuing with this tradition, Dell Technologies will provide a multi-channel
plan to market and promote the NCPA Contract.
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Dell Marketing L.P. 29
Supportive of our marketing strategies and communication for the NCPA Contract will be our
SLED Strategists who are former government employees or educators. Our Strategy team
members are well versed in Technology Solutions for Government and Education, and act as
advisors, guides, and champions for the NCPA affiliated State and Local Government and
Education Institutions.
Our marketing approach will focus on contract education to ensure optimal utilization by Dell Sales
Teams.
Dell Technologies Marketing & Communication Plan for the NCPA Contract
Internal Marketing/Sales Enablement
● Dell Technologies SLED Strategists will conduct presentations to all Dell Sales Teams
supporting Education and State & Local Government.
● SLED Strategy Team and Contracts Program Management Office hold monthly calls with
our Education and Public Sales Teams – this will provide both an initial and on-going
contract update forum.
● Dell Technologies will develop a NCPA Contract Release / Marketing document which
outlines the scope of the contract, usage eligibility and contract ordering specifics for Dell
Technology Teams.
● Dell Technologies will develop an internal web-based resource to provide details on the
NCPA Contract for use by Dell Sales Teams.
● Dell Technologies will add the NCPA contract to the list of nationally available contracts
within the public sector and present it during the monthly sales training on contracts.
● Dell Technologies, based on NCPA approval, will cascade all training and messaging to
our Dell Sales Teams working with Education and Public Sector customers.
External Marketing/Sales Enablement
● Dell Technologies Public Sector Account Teams will promote the NCPA contract with
their customers within the NCPA region with awareness flyers that show the value of the
NCPA contract over list price.
● Dell Technologies will develop, host and maintain a public-facing website with information
on NCPA contract use, pricing, sales contacts, and reseller contacts.
● Dell Technologies, based on NCPA approval, will work with the Value-Added Reseller
community to expand the contract for their use in supporting NCPA members. This will be
an extension of our current practice with the Dell NCPA Contract.
● Dell Technologies will work with NCPA to develop Contract Communication Strategies
tied to Regional SLED Events. An example would be contract marketing material for use
at the “TECH Talk Live” event in Pennsylvania.
Describe how you intend to introduce NCPA to your company.
Dell Response:
Dell has been on the NCPA contract for over a decade and our contract support teams and
sales teams are very familiar with NCPA.
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Dell Marketing L.P. 30
Contract Program Managers (CPM), Regional Account Managers and SLED Strategists are well
versed in our SLED contracts. When a customer wants to make a purchase, these team
members work with the Account Executive to identify the appropriate contract vehicle to enable
the sale.
o Regional Account Management: Our regional account teams consists of general,
technical, and specialty sales team members, and Dell Financial Services that will
serve as the main point of contact for pre-sales design/pricing and post-sale account
management activities.
o State, Local and Education (SLED) Strategists: Our strategists are industry
veterans who have extensive experience working in universities/public agencies and
have led transformation projects. They will serve as advisors to assist customers
with their transformation journey.
Describe your firm’s capabilities and functionality of your on-line catalog / ordering
website.
Dell Response:
Dell Premier offers a suite of complementary tools designed to simplify and expand access to IT
purchasing, discover insights for better asset management, and give you autonomy and control
of the procurement process.
To learn more about Premier, visit: https://www.dell.com/en-us/dt/premier-solutions/index.htm
Using Dell Premier, you can:
● Shop a complete line of fully customizable business-class products, software &
accessories.
● Set company-wide standards for product configurations, custom services and shipping
options and purchase at your organization’s negotiated rate.
● Prepare and save system configurations as an eQuote for repeat or future purchase at a
later date.
● Retrieve and purchase sales-created quotes
● Purchase parts and upgrades for your existing hardware
● Retrieve detailed invoice, open order and purchase history reports or build your own
report.
● Manage what users can see and do with defined access groups and user roles.
● Access your personalized Account page to manage your day-to-day account needs, like
your address book, user access levels, reporting, and more. Orders that are placed via
Dell Premier write frictionless to Dell’s order management system, which means our
customers typically receive their orders quicker and with less errors.
● You can also use the Dell Premier local online or global platform to integrate into your
existing ERP or ITSM system.
A complete description can be found in Appendix D - Dell Premier for IT Procurement
Overview
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Dell Marketing L.P. 31
Describe your company’s Customer Service Department (hours of operation, number of
service centers, etc.)
Dell Response:
Dell Technologies offers services in over 170 locations globally, including a direct service
presence in more than 83 locations. Our technical support team is comprised of more than
7,500 technical support representatives and is backed by over 37,000 Dell Technologies
services professionals.
At the heart of our customer service capabilities are our Customer Service Centers, giving you
instant access to experts skilled in the latest technologies. Support and Operations Centers are
located throughout the world in locations including the following primary centers: Boston Area in
Massachusetts; Seattle, Washington, Bay Area in California; Draper Utah; Research Triangle
Park NC, Burlington, Ontario; Barueri, Brazil; Cork, Ireland; Cairo, Egypt; Tokyo, Japan;
Bangalore, India; Shanghai, China, and Sydney Australia.
Collaboration is also important, and our 12 Centers of Excellence and Joint Solutions Centers
deliver in-house collaboration and industry-leading levels of support, leveraging Dell
Technologies’ alliances with leading application providers such as Oracle and Microsoft. Beyond
this, we have deep partnerships with industry leaders and many cooperative support
agreements to accelerate time to resolution for joint customers.
Customer Service boasts customer satisfaction ratings among the highest in the industry and
has been widely recognized for leading the industry in established best practices, including best
use of measurements and metrics. Dell Technologies has received over 40 Technology
Services Industry Association (TSIA) Star Awards—and is a five-time recipient of the TSIA Hall
of Fame Award–an accomplishment achieved by only one other company.
Support center coverage is 24/7 worldwide with support coverage delivered according to the
customer’s selected coverage. If onsite service is needed, the covering support center contacts
the local field service representative (24x7 for high-availability contracts), which handles the
case according to our formal escalation policy. For more information visit us on the Dell
Technologies website:
https://www.delltechnologies.com/en-us/services/support-services/index.htm
Service is provided to customers based on their warranty and maintenance contract terms and
their selected support maintenance option.
Contact Customer Service:
U.S.: 1-800-782-4362 Canada: 1-800-543-4782
Local dial numbers outside of U.S. and Canada can be found here: Dell Customer Support
Centers Phone list
Hours of Operation: 7 x 24 x 365
For more information visit: Dell Technologies Contact Us
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Dell Marketing L.P. 32
Customers in the USA can access Customer Support from Dell.com
(http://www.dell.com/support/home/us/en/19?c=&l=&s=)
Dell.com/support is an online support site with a number of tools that can be utilized by Dell
customers. The content and site language is customized by country/region. You can select and
default your home country or region at the bottom of the main page. Examples of the site
functions are below. Some of these modules are not available in all countries.
● Product Support
● Software Licenses
● Warranty & Contracts
● Order Support
● Support Videos
● Online Customer Care
● Dell Download Center and Drivers
● Service Request
● Comprehensive records for inventory management
Green Initiatives (if applicable)
As our business grows, we want to make sure we minimize our impact on the Earth’s
climate. We are taking every step we can to implement innovative and responsible
environmental practices throughout NCPA to reduce our carbon footprint, reduce
waste, energy conservation, ensure efficient computing and much more. To that effort
we ask respondents to provide their companies environmental policy and/or green
initiative.
Dell Response:
Our 2030 Moonshot Goal for Social Impact focuses on four key areas with Advancing
Sustainability being one of them - By 2030, for every product a customer buys, we will reuse or
recycle an equivalent product. 100% of our packaging will be made from recycled or renewable
material. More than half of our product content will be made from recycled or renewable material.
Tech Refresh and Recycle is one of the many ways in which we are striving to achieve our
sustainability goals.
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Dell Marketing L.P. 33
Dell Asset Resale & Recycling Services
We help our customers resell, recycle, or return your excess computer equipment in a secure and
environmentally conscious manner that complies with local regulatory guidelines. We meet or exceed
all international standards such as the Basel Convention, EU WEEE directives and US environmental
and data disposal laws (RCRA, CERCLA, SARA, HIPAA, GLB and CISL). To protect your company’s
assets and reputation in this area, we help ensure that sensitive information does not fall into the
wrong hands while also promoting environmental stewardship.
● Environmental stewardship: Systems with no value are recycled in adherence with local
regulatory guidelines such as the EPA and WEEE legislation and waste regulations.
● Brand protection: We can help you avoid the negative publicity that comes from a disposal
process that goes wrong.
● Retire multi-vendor assets: Our services can be applied to all IT assets regardless of brand.
Asset Recycling
We encourage our customers to recycle their end-of-life assets. Dell will handle the logistics of
properly disposing the excess equipment in an environmentally sensitive way. During the recycling
process, IT components are broken down into primary parts with materials separated into groups of
ferrous metals, precious metals, and plastics. Once divided, these materials are then sent to
specific partners who specialize in the disposal of each unique material.
Asset Resale
We pick up our customers systems at designated location, ship them to our facilities, sanitize the
device in alignment with NIST SP 800-88 standard, and audit the equipment to determine the value.
We can also help with reselling it to a third party. Equipment that has no residual value is recycled.
● Onsite data sanitization option: Provides an extra level of security because we sanitize the
device in a secure environment at our customers site before it leaves your offices.
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Dell Marketing L.P. 34
For customers who require nonstandard service or integrated deployments, Dell can provide flexible
services, including custom Asset Resale and Recycling services.
Asset Records Management
We provide a detailed status report on the data sanitization and outcome of each retired system.
We also can provide a Confirmation of Disposal to verify that the sanitization was successful or that
the drive was shredded to prevent data recovery in the case of a non-functioning drive and that all
recycling met or exceeded all local regulatory guidelines. In addition, for all equipment disposals, we
provide a settlement report which lists the resell value of each piece of resold hardware and
documents any other disposed equipment.
Dell Reconnect
Dell reconnect is a program that has partnered with Goodwill to keep electronics off landfills. Donate
unwanted technology to Dell Reconnect and help protect the environment while supporting Goodwill
mission of putting people to work. This includes chargers and cords.
Anti-Discrimination Policy (if applicable)
o Describe your organizations’ anti-discrimination policy.
Dell Response:
Diversity, inclusiveness and respect for all Dell employees form the basis of Dell's Winning
Culture and are essential to Dell's success. Dell values each individual’s distinct contribution
and leverages our collective strengths to ensure that Dell remains the technology solutions
company of choice for customers around the world. Please see Appendix B for Dell's Diversity
and Equal Employment Opportunity Policy
Vendor Certifications (if applicable)
o Provide a copy of all current licenses, registrations and certifications issued by federal,
state and local agencies, and any other licenses, registrations or certifications from any
other governmental entity with jurisdiction, allowing respondent to perform the covered
services including, but not limited to, licenses, registrations, or certifications.
Certifications can include M/WBE, HUB, and manufacturer certifications for sales and
service
Dell Response:
Dell is registered in the State of Texas through the Secretary of State office registration
#6260510
Please See Appendix G for requested documents.
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Dell Marketing L.P. 35
Tab 5 - Products and Services / Scope
Respondent shall perform and provide these products and/or services under the terms of this agreement.
The supplier shall assist the end user with making a determination of their individual needs.
Warranty
Proposal should address the following warranty information:
Applicable warranty and/or guarantees of equipment and installations including any
conditions and response time for repair and/or replacement of any components during the
warranty period.
Availability of replacement parts
Life expectancy of equipment under normal use
Detailed information as to proposed return policy on all equipment
Dell Response
Please see Appendix E for Dell’s Limited Hardware Warranty, and Appendix F for Dell’s Return Policy.
These can also be reviewed at the following links.
Dell Limited Hardware Warranty
Dell US Return Policy
Products
Vendor shall provide equipment, materials and products that are new unless otherwise
specified, of good quality and free of defects
Dell Response
Dell confirms that initial purchases will be new products. Dell uses new and refurbished parts made by
various manufacturers in performing warranty repairs and in building replacement parts and products.
Refurbished parts and products are parts or products that have been returned to Dell, some of which
were never used by a customer. All parts and products are inspected and tested for quality.
Replacement parts and products are covered for the remaining period of the limited hardware
warranty for the product you purchased. Dell owns all parts removed from repaired products and, in
most instances, you will be required to return defective parts to Dell.
Construction
Vendor shall perform services in a good and workmanlike manner and in accordance with
industry standards for the service provided.
The following is a list of suggested (but not limited to) Technology Solutions, Products and Services
categories. List all categories along with manufacturer that you are responding with:
Products
Laptops / Notebooks / 2-in-1s
Tablets
Desktop Computers
Workstations – Fixed and Mobile
Gaming Devices
Chromebooks – Education and Enterprise
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Dell Marketing L.P. 36
Servers
High Performance Computing
Data Storage / Drives
Converged Infrastructure
Hyper Converged Infrastructure
Cloud Products
Software
Security Solutions
Data Protection HW / SW
Networking
Internet of Things (IOT)
Sensors & Edge Devices
Printers & Accessories
Digital Imaging – Cameras / Scanner
Keyboard / Mice / Input Devices
Memory / System Components
Displays / Large Format Displays / Interactive Flat Panels
Spare Parts
Accessories / Cables
Battery Back-up / Power / Surge Protectors
Sound / Multimedia
Telecommunications Products
Video – Monitors / Cards / Projector
Interactive Whiteboards
Commercial-Off-the-Shelf (COTS) Software
Software-as-a-Service (SaaS)
Infrastructure-as-a-service (IaaS)
Platform-as-a-Service (PaaS)
Software Licensing and Maintenance Agreements
Subscription Based Software Licenses
Software Related Services
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Dell Marketing L.P. 37
Dell Response
Dell is responding to this RFP with Dell OEM products. We offer a wide portfolio of products that includes:
Our Industry Specific Solutions can be found at:
● State and Local Government - https://www.dell.com/en-us/dt/industry/state-local-
government/index.htm
● Higher Education - https://www.dell.com/en-us/dt/industry/higher-education/index.htm
● K-12 Schools - https://www.dell.com/en-us/dt/industry/education/index.htm#cobrand=intel
End User Computing and Peripherals
Desktop, Workstation Hardware
Standard Business Class Desktop, Workstation configuration
We recommend our OptiPlex 5000 and 7000 series Desktops. OptiPlex are the world’s most intelligent
PC’s with built-in artificial intelligence. OptiPlex 5000 and 7000 series desktops learn and adapt to how
you work with the intelligence of Dell Optimizer Express Response, which optimizes the performance of
the user’s top 5 apps so they can work at their full potential and increase productivity.
Specialty Class Desktop, Workstation configuration
We recommend our Precision 5000 and 7000 series Tower, Small Form Factor and Micro Form Factor
PCs. Precision offers best in class Innovative Design, Intelligent Performance, Mission Critical Reliability
and Immersive Productivity.
Laptop Hardware
Standard Mobile Laptop configuration:
We recommend our 3000 and 5000 series Latitude laptops for a Standard Mobile Laptop experience.
Latitude offers industry-leading Innovative Design, Intelligent Collaboration & Connectivity and
Sustainability features. Latitude laptops come in 13", 14" and 15" form factors.
Ultrabook Laptop configuration:
We recommend our 7000 or 9000 series Latitude laptops for a Ultrabook Laptop experience. Latitude
products are smaller and lighter than ever with narrow border screens featuring ComfortView Plus, a built-
in solution that reduces harmful blue light while delivering excellent color.
Ruggedized Laptop configuration:
Dell's Latitude Rugged portfolio of devices offers best-in-class durability, reliability, and field productivity,
with both tablet and clamshell models to choose from. Latitude Rugged systems keep you in control of
your technology with the same industry-leading security, manageability, and reliability as the rest of the
Dell Latitude portfolio. Dell Latitude Rugged systems are also FirstNet Ready™ with Band 14.
Mobile Workstation (Additional Offering):
We recommend Dell Precision mobile workstations as they deliver versatile designs, intelligent
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Dell Marketing L.P. 38
performance, and mission critical reliability to conquer the industry’s most demanding applications. From
award-winning filmmakers and animators to state-of-the-art architects and engineers our expansive
professional portfolio enables you to customize the workstation and optimize them for your creative
expertise.
Gaming PC Hardware:
We recommend our Alienware and G-Series laptops and our recommendations for desktops would be the
Aurora line (R12, R13, R14) and for laptops would be the M15/M17 (R5, R6) or the X15/X17 (R1).
Alienware is the gold-standard when considering gaming devices. Unmatched power and design with
leading-edge materials and exceptional engineering, every Alienware device is built to reject limits.
Tablet Devices:
We recommend our Latitude 5320 2n1 and 7320 Detachable devices. Latitude 13" devices offer the
perfect balance of performance, scalability and sustainability. The 7320 is the world’s most powerful,
secure, and serviceable detachable and is also the most intelligent, featuring ExpressSign-in.
Enterprise Chromebooks - Latitude / Enterprise
Enterprise Chromebooks are designed for durability, and some models are with a high standard of
passing 17 MIL-STD 810G tests. Offering comprehensive serviceability and easy-to-upgrade RAM,
storage, battery and processors so you can easily customize for your business needs.
Education Chromebooks – Student Laptops
The student version of Chromebooks is economically viable while being built to be student tough –
rigorously tested beyond Mil-Std, tested to survive 5000 free fall micro-drops, while rubberized edges
minimize the impact. Kid-proof keyboard and protected ports save the devices from accidental spills.
Peripherals and Accessories
Dell products are purposely built to work with multiple platforms. Our wide assortment of accessories
ensure that the user fully gets to utilize our products.
In addition to Dell branded accessories, we also partner with industry-leading manufacturers to bring you a
large assortment of world-class products. These manufacturers include top brands in each accessory
category providing a wide assortment from premium to economic choices to suit our customer’s budget.
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Dell Marketing L.P. 39
Our comprehensive accessories are listed in the table below, please note that products may be added or
removed from this list:
Docks Memory Conference Room Solutions
Laptop Bags Storage Large Format Monitors
Power / UPS Graphic Cards Televisions
Displays and Monitors Networking Mounts and stands
Keyboard, Mice and Stylus Drones Charging Carts and Lockers
Cameras AR/VR Healthcare Carts / Mounts
Printers Gaming Furniture
Privacy Filters and Screen
Protectors
Locks Ergonomics
Audio Accessories Cables Home Automation
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Dell Marketing L.P. 40
Our deep understanding of our customers working environments has helped us select and offer the best
accessories for each use case. Our SLED Account Teams are experts in our customer working environment
and our offerings that suit them best. Using feedback from our customers, we have worked with third parties
to create custom accessories that will deliver the best integration with our products – the image above shows
accessories that are designed for our Rugged product lines. These accessories are designed and tested to
work in harsh environments.
The benefits of buying from Dell all your 3rd party add-on products are that Dell will provide or facilitate the
warranty service and maintenance for all the products on the Master Agreement either directly or pass-
through from the third-party manufacturer. This makes it a one stop shop for all your purchase, warranty
and sales tracking needs.
Infrastructure Solutions
Dell leverages a modern approach that helps our customers get more value from centralized IT solutions,
data lakes, predictive analytics and digital integration. Dell’s capability to provide End to End solutions
help institutions reduce complexity and cost. Dell transforms higher education IT environments:
● Data Storage, Management and Protection - Dell Technologies can streamline data management
through customized enterprise content and records management, risk and compliance management,
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and data protection. We also can provide digital storage designed to satisfy workload and institutional
needs for efficiency, performance and scalability.
● Modern Data Center - Dell Technologies offers automated hyper-converged platforms to modernize
higher education data centers and deliver an IT-as-a-service model. This way, institutions can provide
primary IT functions to users, partners and the community as a self-service catalog, even in
combination with public-cloud and managed services.
● Digital Campus (IoT) - Higher education can bridge information islands using Internet of Things (IoT)
technologies from Dell Technologies. Our IoT experts work with universities on widely diverse projects.
We also offer storage for IoT data and advanced data analytics to gain actionable insights from it.
● Transform your High-Performance Computing - From small institutions to some of the world’s
largest, researchers are pushing their discovery horizons with Dell Technologies high-performance
computing (HPC) solutions.
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Dell Partner Software Solutions
Dell Partner Software has been serving customers, including educational entities, since 1984, the year when
Dell was founded. We make it easy to source traditional and cloud-based software licensing offerings
through expertise, reach and influence. Dell Partner Software provides solutions for:
● Software Licensing and Maintenance Agreements
● Subscription Based Software Licenses
● Software Related Services
Dell’s extensive experience working with software publishers and our customers enables us to efficiently
navigate the complexities and processes of software licensing and help advocate for our customers. Within
Dell Software, we have an entire organization dedicated to state and local government and educational
accounts. This organization is staffed with capable, experienced, industry-savvy, and customer service-
oriented people who understand that state and local customers have unique needs when it comes to
budgeting, procurement and payment processes, dissemination of knowledge and information, and many
other agency-specific items.
Dell Partner Software provides our customers with the industry’s best customer experience along with a
number of value-added services—all free of charge. Dell Partner Software also delivers value to our
customers by making sure all members of our sales and customer service team receive ongoing training
and earn industry certifications from the major manufacturers.
Dell Partner Software is the highest-level partner with major manufacturers including Microsoft, Adobe,
VMware, Ivanti, Red Hat, BMC, Citrix, McAfee, and more. In fact, we sit on the advisory boards of most IT
giants. It is not uncommon for manufacturers designing a new Volume License Agreement to consult with
Dell Partner Software.
We offer a strong portfolio of software products and serve as a trusted advisor to our customers throughout
the software procurement and implementation lifecycle. We offer comprehensive software portfolio
management, license management, and assistance to enable our customers to optimize spend through
expert guidance.
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Commercial-Off-the-Shelf (COTS) Software
Dell Partner Software is the highest-level partner with major manufacturers including Microsoft,
Adobe, Amazon, VMware, Ivanti, Red Hat, BMC, Citrix, Trellix, and more. In fact, we sit on the
advisory boards of most IT giants. It is not uncommon for manufacturers designing a new
Volume License Agreement to consult with Dell Partner Software.
We offer a strong portfolio of software products and serve as a trusted advisor to our customers
throughout the software procurement and implementation lifecycle. We offer comprehensive
software portfolio management, license management, and assistance to enable our customers
to optimize spend through expert guidance.
Software-as-a-Service (SaaS)
Dell Partner Software teams with some of the industry’s leading providers of SaaS products to
provide our customers with a plethora of products that fulfill their SaaS needs. Some examples
include Microsoft (M365, D365, etc.), Adobe (Creative Cloud), Amazon Web Services, VMware,
and Google (GCP, Workspace) as well as many others.
Platform-as-a-Service (PaaS)
Dell Partner Software is a leading provider of PaaS options for our customers, offering a wide
variety of cloud-based solutions. These include Amazon Web Services, VMware, Google, and
Red Hat. These solutions provide the platform for our customers to deploy, provision and run
applications without needing to build out the underlying infrastructure.
Software Licensing and Maintenance Agreements
Our software specialists are highly trained in the nuances of software licensing and maintenance
Agreements, providing our customers with a true trusted advisor to help navigate these
complicated agreements. For example, all of our software specialists carry the Microsoft
Certified Professional certification, and members of our team hold certifications with a host of
other publishers. Not to mention that we have licensing specialists that are solely dedicated to
our major publisher partners for a deeper understanding of those agreements.
Subscription Based Software Licenses
Dell Partner Software is a major reseller of subscription-based software licenses across the
entire spectrum of the industry. Additionally, our software specialists are highly-trained to assist
our customers to help determine the best licensing model that would most effectively meet their
business needs, be it subscription, on-premise or a mixed model.
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Services
Deployment & Installation
Professional Services
Consulting Services
Security Services
Business Continuity / Business Resiliency
Disaster Recovery
VMware Professional Services
Microsoft Professional Services
AWS Product and Services
Application Services – End User
Application Services – Data Center
Residencies
Managed Services – End User
Managed Services – Data Center
Education & Training
Telecommunications
Product Configurations
Product Support
Warranty
Asset Lifecycle Management
Asset Recovery
Dell Response:
Technology Services Overview:
Our services include a broad range of configurable IT and business services, including infrastructure
technology, consulting and applications, and product-related implementation, deployment, and support
services. We manage our services based on a customer engagement model, which groups our services
with similar demand, economic, and delivery profiles into five categories of services: Consulting and
Professional Services, Deployment and Lifecycle Services, Managed Services, Education Services, and
Support Services. Within these categories, we offer a variety of discrete and customizable services to our
customers as part of an overall solution. Without going into the extensive range of offerings – Dell
Technologies has over 460 discrete service offerings and can customize the right solution for EVERY
customer - let us share some examples on how Dell Services can help accelerate your transformation.
While many customers have a defined IT and Transformation strategy, the underlying roadmap on how to
get there is not always clear, resulting in limited executive sponsorship and a lack of alignment across
various departments and areas of operations. Our Professional and Consulting Services can help by
assessing your environment and building a transformation, implementation, management, and lifecycle
support plan that achieves the desired outcomes aligned to the institutions vision and strategy. Additional
specific details around our Workforce Consulting, Application Analysis and Modernization, Hybrid / Multi-
Cloud, Cyber Security / Business Resiliency, Data Center Consolidation, and other services are provided
here or in the “Value Added” section in this response.
For IT the directive has changed from “do more with less” to “do more with less…faster” as time
expectations of the technology world are compressing exponentially. This requires the deployment of new
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and more efficient infrastructures, modern collaboration, and communication tools, as well as the right end
user devices. Our Deployment Services can help your organization embrace new technologies by
accelerating deployment and adoption so you can execute digital strategies and drive toward the desired
outcomes. The services include Configuration and Implementation Services, On-site and Remote site
Deployment Services, Image Provisioning, and full Lifecycle Management Services, including sustainable
asset recovery and recycling, and additional details around these services are available here and in the
“Value Added” section in this response.
Managed Services allows you to offload day to day IT operations by combining on-site and remote end-to-
end management and operation of your infrastructure or client devices, allowing your resources to focus
on more value-producing and strategic initiatives. These managed services include a full range of
offerings, including on- and off-premises management of client and/or infrastructure, co-location
management, security monitoring and a host of other managed services capabilities. Additional details
are available here and in the “Value Added” section and the Addendum to this response.
Many organizations recognize the competitive nature of finding and retaining a skilled IT workforce. Dell
Technologies Services can augment your in-house skills with consultants and technology experts through
Staff Augmentation and expert Residency services, enabling you to shift focus from day-to-day
management to critical IT and business initiatives. This includes delivering Support Services that utilize
our experts as well as AI, machine learning and deep learning to optimize performance while predicting,
preventing and proactively resolving issues. Further detail is available in the Addendum section of this
response.
A full range of training and Education Services to help you upskill your teams by identifying knowledge
and skills gaps and define a continuous learning strategy skills are up to date, for all of Dell Technologies’
hardware platforms and all the most in-demand application, infrastructure, communications, application
development and other environments.
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Financial Services Offerings:
Infrastructure-as-a-Service (IaaS)
Leasing for Public and Private/Commercial Entities with schedules included for:
o Fair Market Value Lease
o Purchase Option Lease
o Tax Exempt Lease Purchase Lease
o Flex Lease Purchase
o PC-as-a-Service
o Software Schedule
Deferred Payments (Direct and Indirect Financing)
Payment Agreements
Usage Agreements
Responses:
Dell Financial Services
Dell Financial Services, L.L.C. (DFS) is a dedicated financial services entity focused on the financial and
technology management needs of Dell's customers. Obtaining computer equipment is only the beginning.
DFS provides a variety of payment solutions that allow our customers to acquire multi-vendor hardware,
software and services.
Our flexible payment solutions offer an end-to-end solution across Dell Technologies in addition to
products from other manufacturers or vendors hardware, software and services.
Over the past twenty-five years, DFS has originated over $90 billion in leases. Annually we fund over $8
billion in revenue, and we currently have $12.5 billion in managed assets. DFS operates in over 50
countries with 1500 employees around the globe.
Our mission at DFS is to help Public Agencies using the NCPA get the technology they need today and
expand acquisition opportunities within current budget allocations. You will find a wide range of flexible
programs all aimed at making acquisition easy and affordable, whether you are on a regular rotation
program, unsure of your long-term plans, or seeking an affordable method of financing equipment,
software, and related services. Our portfolio of payment solutions can help you meet business challenges.
DFS is committed to your success.
MyDFS
DFS strives to empower our customers to manage their business with DFS online globally. DFS is in the
process of launching a new online portal which will bring a number of exciting capabilities to our
customers and will continue to improve the DFS experience.
A highlight of the new enhancements through 2022 will include, but not limited to:
Dashboard and portfolio visualization
Provides a consistent look and feel with other Dell platforms including single sign-on
Contract, asset and invoice data management and document retrieval.
Online Schedule Acceptance (OSA) – US- Commercial customers only
Standard and custom reporting capability
End of lease capabilities at both contract and asset level.
Customer administration feature to self-manage data and user capability access.
General support requests
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Minority Financing
Through a strategic arrangement with Pharos Financial Services L.P. (PFS), DFS can help facilitate
technology ownership and rotation programs to customers desiring a Minority Business Enterprise (MBE)
or Historically Underutilized Business (HUB) lessor. Available in the United States only.
These programs can benefit customers in a number of ways:
Demonstrate public policy support
May provide bidding advantages on government contracts
Cultivate greater customer loyalty
The collaboration between PFS and DFS also offers a number of advantages:
Access to DFS financing program benefits including customized payment structures, electronic
invoicing, asset reporting and a flexible end-of-lease process
Single-source contact for equipment and leasing needs
One-stop shopping for service
Speed to production and delivery
Easy equipment upgrades and enhancements
Unlike a complete outsourcing solution, you remain in total control of key strategic decisions with PFS
minority financing solutions.
Response to Specific RFP Provisions
Many of the terms and conditions presented in the RFP are applicable to straight procurement/purchase
transactions and not to leasing and financing and other flexible payment solutions, which are made
available directly through DFS or PFS in accordance with one or more of the separately negotiated DFS or
PFS lease or finance agreements (“Lease(s)”). Since the current RFP does not contain any Lease terms
and conditions, any eligible Public Agency under this RFP authorized to execute such Leases under
applicable law must execute a separate Lease directly with DFS or PFS for the hardware, software, and/or
services being procured under this RFP. Each Lease will separately establish a long-term (beyond net 30
days) financial relationship between DFS or PFS and each Public Agency procuring under the NCPA
contract). Any Lease solutions will be subject to the terms and conditions of the corresponding DFS or
PFS Lease. Each eligible Public Agency will be required to separately negotiate the terms and conditions
of its Lease with DFS or PFS directly. To the extent of any conflict or inconsistency between the terms of
the DFS or PFS Lease and the terms of this RFP, the terms and conditions of the DFS or PFS Lease will
prevail.
In addition, Dell may offer consumption-based models under its Dell APEX Flex on Demand Program
(“FOD”) as an alternative flexible payment solution under a separate Master Flexible Consumption
Agreement (“MFCA”). Any FOD solution will be subject to the terms and conditions of the MFCA only, an
example of which is attached hereto in Appendix H. Eligible customer shall negotiate the terms and
conditions of such FOD solution directly with vendor or its designated affiliate or its authorized
distributor/partner/reseller, including, but not limited to, the MFCA, any flexible consumption schedule
(“Schedule”), and any other documentation that may be required for such transaction. The parties recognize
that the MFCA and any Schedule executed by the parties hereunder are separate and independent
agreements between the eligible customer and Dell or its designated affiliate or its authorized
distributor/partner/reseller, with the terms thereof constituting the entire agreement for such transaction. To
the extent of any conflict or inconsistency between the terms of the MFCA and the terms of the RFP, and
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conditions of the MFCA will prevail for such offerings. Samples of the MFCA, Schedules, and any other
related documentation that may be applicable are attached in Appendix H.
Flexible Payment Solutions Enabled by Dell Financial Services
DFS’ payment programs offer flexible end-of-term options designed to suit each entity’s unique
needs. Payment terms are generally from 24 through 60 months and are tailored to match the
essential useful life of the equipment to the payment term. Payments can be billed monthly, quarterly,
semi-annually or annual, in advance.
Pay as You Go Solutions
These solutions are ideal for predictable and stable workloads but can be structured in different ways to
accommodate different needs.
Technology Rotation
Lowest total cost of ownership with multiple structures to support different business cases
Technology Rotation is a business strategy enabling organizations to maintain liquidity, take advantage of
current-state technology, and contribute to the circular economy. When you choose a technology rotation
strategy, you can structure payments to align to business needs. Whether you need payments to start
small and grow as your business grows, you want to align payments with deployments, or you want to
simplify billing and asset management, we can customize a solution that meets your exact needs. By
utilizing Technology Rotation, organizations can accelerate and enhance digital transformation with a
planned refresh of assets that can help overcome challenges throughout the technology lifecycle.
Technology Ownership
Complete, simplified structured solutions that can improve cash flow
In some instances, it makes sense to own technology. In that case, our technology ownership solution
provides a simple structure for you to spread costs over time rather than incurring upfront costs. Complete
systems including hardware, software, and services can be purchased this way.
PC as a Service- Lifecycle Management
Dell PC as a Service (PCaaS) delivers a modernized employee experience with a single, predictable price
per unit per month.
PCaaS combines the latest hardware, software, lifecycle services and financing into one all-encompassing
solution. PCaaS offers one-stop financing for PC hardware, software and services:
Financing that is seamlessly integrated into the PC lifecycle management process
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Flexible financing options (flex up, down and mid-term upgrades for more than 300 units)
36 and 48 month terms
Dedicated experts with technical knowledge and financial acumen
Software Installments
Lock in costs while beating budget constraints with publishers’ pre-paid and multi-year maintenance
discounts
Our Software Installment payments allow you to pay for and access software in more flexible ways.
Payments can be tailored to meet your needs including deferrals and can be set monthly or annually.
These installments can be applied to software with or without the purchase of hardware and can also be
applied to license agreements. (example TLA, ELA)
Payment Flexibility Program
Increase buying power through low rate promotions and payment deferral offerings
Whether you are choosing a rotation or ownership strategy, we realize that flexibility is KEY.
We have created a Payment Flexibility Program to ensure that you will be able to address budget
constraints by taking advantage of low-rate promotions. When cash flow is limited, deferrals can help
keep budgets on track and in uncertain business climates you might be hesitant to make a long-term
commitment so we are offering shorter terms.
DFS Master Usage Agreement and usage schedule can be utilized for structures: IT as a Service
(ITaaS) and cloud related Services offering may include: Software-as-a-Service (SaaS), Infrastructure-as-
a-Service (IaaS), Platform-as-a-Service (PaaS), Storage-as-a-Service, Device as a Service or PCaaS.
APEX Flex on Demand
Customers are often looking for a solution that allows them to pay for only what they truly use. Flex on
Demand offers elastic capacity and pay for use economics. Many customers looking to take advantage of
public cloud economics and flexibility turn to Flex on Demand. With Flex on Demand you can take
advantage of:
Elastic Capacity
Provision the right-sized amount of capacity for workloads that shrink and grow over time – committed
capacity can be adjusted as needs evolve.
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Metered Usage
Buffer capacity is measured at the technology level and is billed by average or actual usage preventing
overspending for underutilized capacity.
More Savings
Determine the level of commitment right for your organization and drive lower usage charges by selecting
higher levels of committed capacity and longer usage periods.
Value Added Services
Include asset recovery, deployment and support services in one agreement.
Master Lease Program
For large-scale acquisitions (in excess of $250,000 in financed equipment over the next 12 months) and/or
the ability to upgrade PC-related equipment continually, with minimal additional paperwork, the Master
Lease Program is the most efficient choice.
End of Term
The circular economy is aimed at eliminating waste and the continual use of resources. End of term
options are focused on making the return part of the cycle easy and efficient. DFS recognizes that an
ineffective end-of-term process can diminish the potential benefits of leasing. DFS understands that the
elimination of obsolete systems promotes the continued mission of your business and the role of the
technology department. Accordingly, your dedicated DFS sales team will work with you to provide the
tools to help you make the right decisions at lease termination.
Easy end-of-term process - 6 month notice and options that include renewal, return and purchase of
equipment, dependent on contract type.
Auto renewal periods - Practical automatic renewal periods. It’s your choice at the end of a lease
whether to extend, return, or acquire the asset.
Straightforward returns - A straight forward approach to returns. Acceptance of returned items whatever
their condition and stops the lease charges.
Environmental sustainability - Asset refurbishment processes go beyond minimum standards and are
regularly reviewed to ensure that they remain as environmentally sustainable as possible.
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End-of-Term Administration - DFS feels that one of the keys to an efficient end-of-lease process is a
clear customer understanding of the roles and responsibilities of the end-of-lease process. DFS maintains
resources specifically to assist you with management of leased equipment coming out of the leasing cycle.
Fewer Damage Charge Categories - DFS offers a simple and easy returns process with only a limited
number of missing, wrong, and damaged categories. We do not bill MWD in excess of a system’s Fair
Market Value and all charges below assume at least 80% of the items are returned without other damages
or missing items.
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Tab 7 - Pricing
Please submit price list electronically via our online Bonfire portal (pricing can be submitted as Discount
off MSRP, cost plus, etc.). Products, services, warranties, etc. should be included in price list. Prices
submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are
available and also establish pricing per item.
Price lists must contain the following:
Product name and part number (include both manufacturer part number and respondent part
number if different from manufacturers).
Description
Vendor’s List Price
Percent Discount to NCPA participating entities
Not To Exceed Pricing
NCPA requests pricing be submitted as “not to exceed pricing” for any participating
entity.
The awarded vendor can adjust submitted pricing lower but cannot exceed original
pricing submitted for solicitation.
NCPA requests that vendor honor lower pricing for similar size and scope purchases to other
members.
Dell Acknowledges.
A separate pricing file has been uploaded to Bonfire Portal.
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Tab 8 - Value Added Products and Services
Include any additional products and/or services available that vendor currently performs in their normal
course of business that is not included in the scope of the solicitation that you think will enhance and add
value to this contract for Region 14 ESC and all NCPA participating entities.
Dell Lifecycle Services
Consulting and Professional Services
Dell Technologies’ Professional Services focuses our efforts on addressing transformation initiatives that
are encompassed by four main areas – the most common areas we see our customers facing challenges
with. Using our outcome-focused approach, Dell Technologies Services accelerate your ability to
effectively deliver a wide range of strategy, deployment, migration, and design services for:
● Modern workforce
● Applications & data
● Multi-Cloud
● Cyber Security / Business Resiliency
Modern Workforce: Empower your workforce with modern technologies that optimize experiences and
simplify the consumption of IT services
Digital Employee Experience - Employee Experience encompasses everything that is
experienced (or lived and felt) by employees throughout the course of their day. This includes
interactions with the people, processes and technology within your organization. Why should you
care? Digital Employee Experience plays a major role in employee happiness. It impacts
retention, engagement, productivity and more. In a Harvard Business Review survey, 82% of
respondents said employee happiness is impacted by workplace technology, and 77% said good
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employees will look to move on without the tools, technology and information needed to do their
job well. Digital Employee Experience is one of the most important subsets of Employee
Experience and is focused on enabling employees to do their best work with the right technologies
and services tailored to their needs.
Dell’s answer to these challenges is in helping our clients create successful digital employee
experiences by putting your people first and making sure they have what they need to do their
best work and be their best selves no matter when or where they work. We take a unique,
pyramid approach, helping you with:
Workforce Persona Services
o Role-based personas to understand each user’s IT needs
o The right applications, data, and devices delivered to optimize experience
Adoption & Change Management
o Tailored plans to address the human side of technology change
o Accelerated technology adoption
Employee Experience Measurement
o Measure employee experiences and IT sentiment
o Understanding of what’s working and how to adjust IT strategy to improve
Maximizing your Microsoft 365 Investment - Dell Technologies provides services for every step
of the Microsoft 365 journey, including:
ProConsult Advisory Services for Microsoft 365: Educate organizations on Microsoft 365,
incorporating whiteboard sessions, as-is / to-be discussions, align business outcomes and
strategy, and provide a Microsoft 365 roadmap.
Security and Compliance Services: Designed to help you assess, plan and implement the
Microsoft 365 features that will provide your organization with the security posture you need.
Network Readiness Assessment for Microsoft 365: Leveraging a variety of tools to assess
enterprise voice experience and perform synthetic transactions across the Microsoft 365
cloud platform.
Services for Microsoft 365: Dell Technologies offers a holistic approach to helping
customers design, deploy and migrate to Microsoft 365 inclusive of a variety of cloud
productivity workloads such as Exchange Online, SharePoint Online, OneDrive for Business,
Teams, Teams Rooms, Dynamics 365 and more.
Management Services for Microsoft 365: Provide ongoing administration and management
for day 2 operations of Microsoft 365 environments for customers who are looking to out-
source daily care and feeding of their Microsoft 365 environment.
Accelerate Modern Teamwork - To Accelerate Modern Teamwork, we provide your workforce
with a consistent, modern and secure collaboration platform incorporating, personalized
experiences built on right devices, apps and peripherals; cloud-based calling and meeting
capabilities; services to maximize the value of technology investments and enable day 1
productivity; and intelligent meeting spaces.
Services for Microsoft Teams
o Modern teamwork capabilities
o Digitized legacy business processes
o Cloud-based calling & meeting
Services for Dell Meeting Space Solutions for Microsoft Teams Rooms
o Dell’s leading displays and compute infrastructure for Microsoft Teams
o Intelligent meeting space capabilities
Modern Client Management and Provisioning - To accelerate modern client provisioning we
focus on optimizing the PC deployment, consumption and management experience, and
streamlining procurement and deployment of the entire Dell client device portfolio:
Persona-based Ordering
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o Workforce Persona Services
o ServiceNow Premiere Integration
Managed in the Cloud
o Client Deployment Assessment
o Services for Azure Active Directory
o Connected Provisioning
Managed Services
o Managed Detection & Response
o ProManage
o Client Managed Services
o Lifecyle Hub Managed Services
Dell Factory Services
o Provisioning
o Packaging
o Quick Start for Intune or Workspace ONE
Cloud Productivity & Identity - Dell offers a robust portfolio of solutions to modernize your
workplace productivity, collaboration and security tools to enable innovation and drive business
forward. Many of our Cloud Productivity and Identity solutions are centered around the Microsoft
ecosystem. We’re one of the largest and most credentialed Microsoft partners in the world with
over 30 gold and platinum certifications and offer end-to-end services including licensing,
advisory, planning, implementation and managed services. We’re also members of the Microsoft
Intelligent Security Association and offer services that align with both the Microsoft Zero Trust
security model, as well as the NIST Cybersecurity Framework.
Digital Services Management - Another key area of workforce modernization is Digital Services
Management, which includes self-service portals or IT services platforms. Dell’s Digital Services
Management solutions are designed to help organizations innovate, optimize and automate IT
services for the modern workplace, including digital marketplace services, workflow & automation
services and intelligent operations and managed services. We can help you deliver beyond
customer expectations and design a digital marketplace experience to drive efficient IT operations
at scale. These capabilities:
Digital Marketplace Services create the experiences that your employees are seeking. We
enable you to deliver enterprise services through a consumer-driven digital experience
tailored to role and requirements. These experiences and interactions drive employee
adoption of automated self-service ordering and fulfillment.
Workflow & Automation Services accelerate implementation of end-to-end workflows that
drive consistent repeatable, reliable, and auditable operations. The Dell Technologies
difference here is we provide direct integration with our systems, databases, and supply chain
to accelerate end-to-end fulfillment of service requests.
Intelligent Operations & Management Services help our customers achieve data-driven
operations by unifying their enterprise technologies and infrastructure with the NOW platform.
By unifying all your data sources, you can leverage telemetry and insights to proactively
manage, predict, and self-heal to minimize downtime and disruption to the business.
VDI & Workspace Platforms - Dell’s Virtual Desktop Infrastructure (VDI) and Workspace
Platforms truly enable work from anywhere with secure solutions and hosted VDI options that
simplify IT management and provisioning. This has become especially important for our clients
adopting a hybrid work model, but remote and hybrid work isn’t the only scenario that benefits
from VDIs. Virtual desktops are more efficient than ever to deploy, manage, and seamlessly
integrate with existing workplace apps and services, providing a centrally managed, secure,
cloud-hosted environment for modern teams to thrive.
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Applications & Data Services
Gain a competitive edge using modern data and application patterns and technologies
Application Portfolio Optimization - All IT organizations need to decrease cost and complexity
to be successful. Eliminating technical debt and simplifying the IT environment will deliver
business results quickly while increasing agility and speed to adapt to the rapidly changing world.
Looking across the entire application portfolio we define which applications should be made cloud
native, which can benefit from operational efficiencies, which should adopt more effective
operation models, and which should be retired.
Attribute Discovery - To make an accurate decision for an application’s future state requires
data about that application. Depending on the depth and breadth of target landing zone
options being considered, over 100 attributes may be needed. So, for a portfolio of 1000
applications, this could mean over 100,000 attributes will be needed to complete the analysis.
We do this by leveraging existing assets and tools and where needed, using advanced
electronic discovery tools to give us a complete picture of your existing application landscape.
Investment Strategy - Prior to considering where to land an application and how to get it
there, each application needs to be assessed to determine if the application warrants
investment and, if so, how much. This requires looking at the impact the application has on
the business first, then considering technical, operational, architectural and design issues as a
follow-up. Determining where an application should be deployed in the future is critical. Our
Cloud Disposition service provides the answers you need to transform each application in
your portfolio and determine whether you Retain, Retire, Modernize, or Migrate.
Landing Zone Strategy – Dell Technologies Services will help you look at selecting the best
landing zone for each application. It is important to note that the analysis shifts and along with
business characteristics, more technical characteristics come into play.
Transformation Pathway - Our eight ‘R’s approach to transformation pathways helps
organizations determine the end-state and disposition of applications. Our model has evolved
from 4 basic dispositions (Retain, Retire, Rewrite, Re-platform), to the more comprehensive 8-
step process listed below. This expansion was based on the need to meet the challenges of
an “aaS” market that has grown in size and complexity. More importantly, we focus on the
work effort associated with each pathway and weigh that against the near and long term risks
and benefits with each.
o Replace - Eliminate the former application component altogether and replace it, taking
new requirements and needs into account
o Rewrite - Rebuild or rewrite the application as cloud native while preserving its scope and
specifications
o Refactor - Materially alter the application code to a new application architecture and fully
exploit new and better capabilities of the application platform
o Replatform - Restructure and optimize existing code without changing its external
behavior to remove technical debt and to improve the component’s features and structure
o Rehost - Redeploy the application to a cloud infrastructure without recompiling, altering
the application code, or modifying features and functions
o Retain - Leave the application in its current state. These applications may be re-
evaluated at a later stage for potential rewrite. These can be migrated as forklift or P2P
o Retire - Retire the application as it may be at end-of-life stage or its functionality has been
replaced by another application
o Retire & Archive - Archive the application data to support long-term data access and
compliance and retire the application
Application Migration Services – Applications that are implemented on existing
infrastructure may not be able to provide the scalability and resiliency needed to meet these
needs. In some cases, virtualizing applications on newer, more modern platforms is the
answer. In other cases, businesses may look to leverage private, public or hybrid cloud
environments to achieve the flexibility, scalability, resiliency and economy they desire. And
sometimes packaged applications and operation systems may need to be replatformed and
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upgraded. For all of these cases, existing applications may need to be redeployed from their
current operating environment to another environment. Dell Technologies application
migration services provide a factory-based approach to application migration. With this
approach, we address the end-to-end migration life cycle from discovering dependencies, to
developing the migration plan, to executing the migrations, to validating the migrated
applications
Cloud Native Apps - Cloud-native describes the patterns of high performing organizations
delivering software faster, consistently and reliably at scale. DevOps, Continuous Delivery and
Microservices provide the how, why and the what of cloud native. DevOps is how we approach
the cultural and technical changes required to fully implement a cloud-native strategy. Continuous
delivery is why software is becoming cloud-native and microservices is the software architecture
pattern used most successfully to expand development and delivery operation and avoid slow,
risk, monolithic deployment strategies.
o Application Modernization for PCaaS / CaaS - Quickly identify and transition
applications to cloud platforms with minimal refactoring. Three (3) sprints are the
standard starting point. Over the course of the engagement, we evaluate architecture and
operational decisions as well as development and deployment practices. Our work
culminates in a prioritized backlog of improvement opportunities; foremost recommending
tactical changes and enhancements that will reduce technical debt of container platform
scalability, improve test automation, and introduce continuous delivery.
o Enterprise DevOps Implementation - DevOps services help align your application
development and IT operational teams through the use of agile techniques – including
sprints, continuous integration, and continuous deployment – as part of the SDLC
process. Offerings range from Advisory services to Implementation services designed
to prove viability, to develop patterns and repeatable processes, and full scale
implementation. Transformation of application development and operational teams by
improving the way that people, processes, and technology work together.
o Infrastructure as Code Design and Implementation - The Infrastructure as Code
(IaC) Design & Implementation service builds the requisite tool chain and delivery
pipeline to manage infrastructure and changes to infrastructure using best practices from
software development and release management disciplines. This service introduces new
tools common to software development, like version control, and couples them with
automation capabilities. This service then maps them to new practices and processes for
creating, updating, monitoring, and managing infrastructure services.
o Solution Architect Advisory - Support from product specialist and subject matter
experts to overcome unique challenges. Working together to improve project outcomes
and maximize on-the-job skills enablement. The Solution Architect will work on a
prioritized backlog with designated project anchors from your organizations throughout
the duration of the engagement.
Data Driven Enterprise - We offer our customers a portfolio of services that are based on the
years of experience from our team of consultants and engineers so that they are repeatable and
have predictable outcomes. Dell Services use proprietary methodologies that are designed to
help customers get the maximum value from their Dell Technology investments in the shortest
amount of time with the least risk possible. And our portfolio allows us to work with you no matter
what your needs might be, whether you are already moving through the transformation process,
or just beginning, we have services that will meet you wherever you are in your digital journey.
Our goal is to help you in your business’s transformational journey.
o ProConsult - Apply standard offering and methodology to planning of analytical platform
and architecture modernization
o Technology Advisory - Develop a technology architecture and roadmap to implement
new or enhanced capabilities into a production environment
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o Healthcheck - Assess existing architecture and provide recommendations to better align
it with industry best practices and benchmarks
o Data & Platform Migrations - Migrate legacy data platforms to more modern, Hadoop-
based platforms
o Solutions & Storage Implementations - Integrate Dell Ready Solutions for AI / Big Data
or architectures using Dell EMC storage products (e.g., Isilon, ECS)
Multi-Cloud Services
Optimize cloud infrastructure services to cost-effectively drive business growth
Cloud Platforms - There are many considerations when building a cloud service delivery model.
Dell Services provides a variety of consulting, design, advisory, and implementation services
for an organization’s multi-cloud journey. We know it can be challenging to define and implement
a coordinated cloud strategy. We’ve seen this firsthand, as we have consulted thousands of
customers on their cloud adoption journeys. Through these engagements, we have identified and
refined a proven four-step approach that helps organizations better understand the tasks that
are necessary to meet objectives across various lines of business. In each of these areas, there
are technology outcomes needed to deliver on business outcomes. While each of these are
important for you to ultimately be successful, each of the downstream activities rely on the
decisions made during the Strategize stage.
Whether your organization is undertaking a company-wide cloud transformation or scaling your
cloud to accommodate special workloads, Dell Technologies offers a broad portfolio of services to
empower your teams and help you realize your business outcomes. From strategy,
implementation, adoption and scale, speed your path to productivity and extend your cloud
environment to on-premises, accelerating innovation and delivering even more value to your
business.
o Cloud Strategy – Align on strategy across business, development and IT; Architect
desired future state, roadmap the processes; Identify KPI/program success metrics;
Validate performance and readiness metrics
o Cloud Implementation – Validate operational readiness for your entire organization or
individual departments; Create on-demand, self-service catalogues; Integrate with core IT
operational systems; Align resiliency plan with business needs for recovery
o Cloud Adoption – Create a cloud/SRE operating model; Migrate workloads, apps and
data to run on your infrastructure, on or off-premises; Enact policy and governance
programs; Monitor performance and productivity
o Cloud Scale - Integrate on-going roadmap for business and technology; Analyze and
validate success metrics; Capture employee experiences
Operating Model for Multi-Cloud Platforms - Modern operating models support service-oriented
IT (XaaS Model) and optimize both experience and cost transforming IT into a strategic business
partner that drives innovation. For an organization to truly transform from a traditional IT model to
an “as a service” cloud model which will deliver transformative value to the businesses they
support, the transformation must incorporate people and processes…the operating model. We
utilize a four-step method to fully extract the benefits of your cloud platforms:
o Strategize - Align leadership to support transformation; Identify the organizational
structure, roles and skills needed to the support transformation; Empower employees with
training and new skill building; Gain employee buy-in and build morale to support a
smooth transition.
Transformation Strategy Workshop
Multi-Cloud Roadmap
IT Operating Model Design
Cloud Education Services
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o Implement - Design the processes that enable IT to support business requirements;
Deliver standardized services supported by repeatable processes and automation;
Condition effective cross-functional communication and streamline operational process
handoffs.
Value Stream Mapping
IT Process Design
o Adopt - Increase clarity and alignment between business goals and IT developments;
Simplify service consumption and increase end user satisfaction with a robust catalog and
self-service portal; Drive adoption of self-service offerings to reduce exception and costs;
Optimize your service catalog tailored to role; Define financial chargeback model for
services rendered.
Service Catalog Design
IT Financial Management
o Scale - Assess progress towards goals, objectives and transformation KPIs; Conduct
employee IT pulse check to assess employee engagement and satisfaction with cloud
services and experience; Reassess objectives and priorities to integrate into the roadmap
IT Experience Measurement
Data Center Modernization – Dell Services helps the customer data center modernization efforts
by mitigating risk and cost of a data center migration and modernization using our patented,
application-centric approach and automated tools. One of the things that Dell Technologies
Services has observed through working with clients on thousands of successful data center
transformation programs is that there is a range of objectives for a data center transformation
program. These objectives can range from highly strategic to more tactical concerns.
o From a strategic business standpoint, data center transformation reduces costs and
maintains service continuity, an important concern in the 7x24 cloud era.
o From an application standpoint, data center transformation provides an opportunity to
replatform applications on modern software-defined cloud infrastructure. From an
infrastructure perspective, data center transformation increases scalability, agility and
rapid innovation.
o From a tactical facilities standpoint, data center transformation can lower power and
cooling costs, which can be substantial, through modern data center infrastructure and
thoughtful facilities placement.
Dell Technologies can help you work through and identify all these objectives with our proven
approach to data center transformation.
ProConsult Advisory Core for Data Center – provides perspective from experienced data
center professionals for their IT executive team, in a 3-week engagement, resulting in custom
recommendations and a roadmap for improvements.
Data Center Strategy – service defines and optimal consolidation plan examining internal
and external data center alternatives.
Application Blueprinting - analyzes the inventory of applications in the current enterprise
portfolio and discovers the interdependencies among applications and between applications
and infrastructure.
Data Center Migration - implementation of your transformed data center strategy. Our
application-centric approach uses patented tools with verification methodology to mitigate risk
and decrease overall cost.
We can also tie some or all these services together into a comprehensive data center
transformation initiative.
Resiliency & Security: Implement a strategy to reduce business interruptions and achieve a non-stop
digital business
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Cyber Security - The near-constant attacks we’ve seen represent a massive increase from years
prior, but a few concerning trends have been steadily rising. More and more insiders to
organizations are involved in these attacks and if an organization is impacted by a destructive
attack, they’re not confident in their abilities to recover after an attack. Typically, attackers begin
by taking an initial look at how they might penetrate the organization and move quickly to either
utilize an exploit or a phishing type attack to gain access to the networks. This is where
prevention and monitoring solutions are critical to thwart attacks at this phase, as well training
and education programs for employees so they are well versed in phishing techniques and how
they can avoid being a victim.
If the attack progresses further and the bad actor gains access, their first interest is establishing a
foothold in order to expand the impact of the attack. In the case of a ransomware attack, this is
how they’re attempting to get payment, by grinding normal business operations to a standstill. In
this phase, it’s critical that organizations have advanced detection and response abilities to
identify anomalies and quickly determine how to respond to the threat. Depending on how this is
handled and how quickly a response effort takes place, the organization may be able to reduce
the impact of the attack before it spreads further.
The final step is where the attack is launched and the impact realized by the organization. If they
haven’t been successful in identifying and stopping the spread through these prior phases, it
becomes more likely that there will need to be some kind of recovery effort to fix the impacted
critical systems and get the business back up and running.
Dell Cyber Security Services include:
Managed Detection and Response - monitoring critical parts of your business – endpoints,
networks and clouds – by a team of experts certified to monitor, analyze and respond to
suspicious activity around the clock.
Cyber Solutions – purpose-built to isolate critical backups of data and business applications
so that in the event of an attack, ensuring a path to recovery. The key to a Cyber Recovery
Solution is to ensure it’s related to recovery of entire business processes so if an attack has
brought down, your organization has their most critical applications ready to be recovered and
return to business as usual
Incident Response and Recovery Retainer - reactive support that we can implement at a
moment’s notice to help you recover after a cyber incident. It also should be considered
proactive in that you can set an organization’s strategy today on who you will rely on for an
incident response initiative, so if and when that happens, Dell Services will be the one to
respond for support and help.
Cyber Recovery & Resiliency – Dell Services help our customers focus on reducing the attack
surface and shifting to a proactive mindset
o Advisory and Design – We create a strategy for vault isolation, security, operation and
reporting and design/ advise other infrastructure needed in the vault (firewall, network
etc.)
o Deploy and Implement – Deploy PowerProtect DD in the CR Vault, Cyber Recovery
software and configure policy, deploy in the Cyber Recovery vault and integrate with vault
data domain
o Runbook and Validation – Dell Services Consulting documents processes to recover
data
o Operate and Manage – Dell offers a range of supplementary services on top such as
Managed Services, Residency and Education
Managed Services - Manage day-to-day vault operations; Drive consistent
procedures and testing; Monitored 24x7x365 by global operations team; Support
recovery operations
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Residency - Extend skills and capabilities with certified technical experts;
Increase resiliency, minimize security risks, support data recovery & restore
options and optimize Cyber Vault components to ensure a smooth run state;
Monitored and daily operations of Dell’s Cyber Recovery Solution 8x5.
Education - Cybersecurity Training & Certifications can include Introduction to IT
Frameworks and NIST; CompTIA Security+ and Certification Readiness;
Implement the NIST Cybersecurity Framework; User authentication, access
controls and security standards
o STIG Hardening Services - STIG Security Hardening is the process of treating security
weaknesses, compliance gaps, vulnerabilities and misconfiguration before a system goes
into production. Security Technical Implementation Guides (STIG) Security Hardening
uses prescribed federal government security guidelines aligned to NIST 800-53
standards, to deliver tighter, in-depth security control and maximized protection of IT
assets.
o Zero Trust - Leveraging the Microsoft Zero Trust model enables you to secure your
digital workplace in a way that doesn’t interfere with productivity, and Dell has developed
an accelerated path focused on the Microsoft ecosystem that helps you:
Assess & Strategize – Cybersecurity Advisory with Zero Trust Roadmap;
Security Assessment for Active Directory and Azure AD
Build a Secure Foundation – Implementation Services for Active Directory and
Azure AD; Securing Microsoft Identities with Entra
Secure Identities, Data, and Apps – Getting Started with Defender for Identity;
Getting Started with Defender for Endpoint; Securing the Microsoft 365
Workloads with Defender for Office 365; Implementation and Advanced
Configuration of Defender for Identity w/ Microsoft Sentinel & ServiceNow; Unified
Data Governance with Microsoft Purview
Adoption & On-Going Management - Incident Recovery Retainer Service /
Managed Detection & Response; Adoption and Change Management
Deployment Services
Deployment Services for Client Solutions
Configuration & Deployment - Dell Configuration and Deployment Services accelerate onsite or
remote deployments by executing the configuration tasks required to prepare a system for
installation and integration. This eliminates time spent imaging and configuring new systems desk-
side or at a staging location. It ensures new systems arrive ready to use out of the box. Just
install and connect to the network. Services include:
o Imaging Services
Imaging
Connected Provisioning
o Systems Configuration
Connected Configuration
Application Install
BIOS Settings
Hard drive partitioning
3rd Party Hardware Install
o Asset Identification
Asset Tagging
Asset Reporting
o Client Deployment - Users want minimal disruption when they get a new device, and IT
departments need to maintain the system’s fitness, security, reliability, and efficiency over
the life of that system. Relying on Dell Technologies to assist in this space may be a
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prudent option for organizations looking to focus on their business and not on mundane IT
tasks.
o Client Deployment Services include:
Client Deployment Assessment – The CDA is targeted towards customers who
are interested in understanding and streamlining their deployment processes and
inherent costs. The findings will help improve efficiency of deployment, reducing
time and cost, reduce complexity and maximize impact throughout the process.
Dell will collect information on a customer’s deployment process through a
combination of customer interviews and IDC data. The result is the delivery of an
actionable implementation plan with real achievable cost savings. This a no-fee
service for qualified customers.
Remote Installation Services
On-site Installation Services (24 x 7)
Data Migration Services - Up to 100 GB data migrated with the Dell Migration
tool from a legacy to new PC
Connected Provisioning – Dell Services configure more than 11 million systems a year, so we
have the experience regarding the processes and now, by leveraging the cloud, we are speeding
up the way devices are configured. Connected Provisioning helps get a customized device to the
end user faster with fewer touches. We leveraged our long-standing configuration and
provisioning expertise, to help modernize the execution, which means seamlessly and securely
preconfiguring in days instead of weeks or even months.
o Simplify the Process – Through TechDirect IT manages the registration, enrollment and
provisioning of their Dell ordered devices from their own cloud UEM environment.
o Less IT Touch – Time, work and bandwidth moved from customer environment to supply
chain. Cloud based deployment so no access to customer’s on-premises environment is
required.
o More IT Control – Scalable. Profile based configuration management per order gives the
customer flexibility and control to assign & configure devices to a specific group of users.
o Quicker End User Productivity - Tasks like enrollment, loading applications, modifying
BIOS settings, installing updates, domain joining, and security settings can all be pre-
formed prior to first end user logon.
Asset Recovery - Asset Recovery Services help you retire IT equipment in a secure and
sustainable manner and unlock value that can be put towards future innovation. We leverage our
long-standing security expertise, environmental compliance and commitment to sustainability to
help you seamlessly transition from old to new technology while protecting what’s important.
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o Logistics – We will help resale, recycle or return to lease any brand of client hardware
(and servers); we collect equipment from the designated location(s) and ship it to our
facilities; customers can schedule pickups, monitor the progress of every asset, and view
all activities related to your service through our centralized online portal
o Data Security – As part of the resell and recycling service, Dell sanitizes devices offsite
at our facility and in alignment with NIST SP 800-88 r1 standard data sanitization
requirements; devices will be verified to confirm the sanitization was successful; if
sanitization is not successful, we physically destroy the drives to prevent data recovery in
alignment with NIST SP 800-88 r1 standard
o Environmental Compliance – Systems (including batteries and components) are
recycled in adherence with local regulatory guidelines; the e-waste process is
documented through the entire chain of custody until final disposal; Dell does not permit
e-waste to be exported to developing countries either directly or through intermediaries;
we vet, audit, and hold our partners accountable to the highest standards of
environmental compliance and data security
o Resell and Recycle – Upon receipt, we assess the equipment and provide you with the
residual value of your assets via Electronic Funds Transfer; customers can also request
an appraisal of your existing assets at any time to make informed decisions about when to
retire; before reselling, we sanitize the devices in alignment with the NIST SP 800-88 r1
standard which can be done offsite or onsite for extra security; if there’s no residual value,
we recycle the devices in compliance with regulatory guidelines
o Lease Return – When you reach the end of your lease, we help transport equipment
back to the company from which it was leased
o Reporting - Customize and download dynamic reports anytime through the online portal
– order views, service credit usage, value payments and pick-up status; confirmation of
Disposal to verify sanitization was successful (or the drive was destroyed) and that all
recycling met or exceeded local regulatory guidelines; final report that documents asset
type, serial and asset tags, resale value of each piece of hardware resold any materials
recycled
Client Residency Services - A client residency engagement could include a wide range of
technological proficiencies including:
o Windows 10 migration
o Application packaging
o Unified Endpoint Management (UEM)
o VMware Workspace ONE
o Microsoft Windows Autopilot/Intune
o Microsoft Endpoint Manager and MDT
o BitLocker/MBAM
o Dell TechDirect
o Dell ImageAssist
o Dell Connected Configuration
o Dell Client Command Suite
o Dell Migration Tool
o Dell Support Assist
o Dell Data Encryption
Endpoint Security Services – Typically, we hear about three areas that are problematic for our
customers:
o External Threats
o User Behavior
o Limited Security Resources
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Dell Endpoint Security software plus Endpoint Security Services help customers manage the
growing cyber risk while embracing workforce transformation
o Endpoint Security Software – VMware Carbon Black Cloud; Encryption Enterprise;
Absolute; Netskope
o Endpoint Security Monitoring Services – Ongoing monitoring of customer endpoints
performed by experienced Dell threat analysts; Customer alerts sent via management
console when malicious activity is detected; Detailed threat response recommendations
delivered the next business day; Business hours monitoring with next business day
response; Kickoff meeting with dedicated project manager to set expectations,
requirements
o Endpoint Security Implementation Services – Review of environment; Software
installation or SaaS activation; Configuration and custom policy settings; Pilot
implementation and measure against a test plan; Knowledge transfer
o Endpoint Security Advisory Services - Project assistance from a Dell technical security
expert , with 4 or 8 hour remote options, or multiple day onsite options
Deployment Services for Infrastructure Solutions
Enterprise Services / Rack Integration - When you choose Dell Technologies Services to help
with your implementation, you will get the right people, the right tools and the right processes to
accelerate your transformation. Starting with an assigned project manager to be your single point
of contact for the entire process and a global staff of certified technicians. Racks, components,
shipment prep and packaging are customized to your specifications and reports are tailored to
your needs. We deliver white glove logistics and easy part replacements if something fails. You
will receive your hardware ready to use before invoices, warranties and support contracts begin.
o Rack Integration Services - Dell can engineer, integrate, configure, deploy and install
custom rack technology into any data center environment.
o Configuration Services - Receive your new technology custom configured to meet your
needs
o ProDeploy Installation Services – everything from basic hardware installations through
planning, configuration and complex integrations.
Infrastructure Deployment and Implementation Services - Maximizing technology on day one
takes the right training, insights and expertise. ProDeploy Enterprise Suite is here to help, with
the right fit to accelerate deployment up to 4 times faster from planning through implementation
and beyond. ProDeploy Infrastructure Suite is made up of 4 offers: ProDeploy Configuration
Services, ProDeploy Rack Integration Services, Basic Deployment, ProDeploy, and
ProDeploy Plus.
o ProDeploy Configuration Services – provide custom system settings, labeling and other
common needs. ProDeploy Rack Integration Services provide full configuration and
racking of the technology including custom cabling and logistics.
o Basic Deployment – consists of the hardware installation during normal standard
business hours.
o ProDeploy – consists of your hardware installation and configuration of the software
using offshore resources.
o ProDeploy Plus –you in-region or onsite resources to complete the engagement for the
customer. It also includes additional features such as Post Deployment Configuration
Assistance and Training Credits.
Infrastructure Residency Services - With Residency Services, certified technical experts help
you achieve businesses objectives and fulfill outcomes. Directed by you, residents act like an
extension of your IT staff to enhance internal capabilities and resources, helping you realize faster
adoption and maximized ROI of new technology. We assign the best resource to meet your
needs, delivered onsite or remote, for however long you require.
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Data Services - Services that complement our Deployment Services for the Enterprise Suite,
these offers provide dedicated expertise focused on data and security needs for infrastructure
solutions
o Data Migration - Data is one of your organizations most important resources and you
need that data to fuel business growth. But distributed data can keep valuable insights
out of reach. Our experts help efficiently move data from where it is, to where it will drive
innovation. We migrate data every day, all over the world, in any situation you can
imagine. Whether you are upgrading technology, changing platforms or leveraging cloud,
our experts use proven tools to streamline migrations and provide you a faster time to
value. Our Data Migration Services provide greater control, security and value through
standardized processes in planning, execution and knowledge transfer. We lower risk
through expert-delivered, dependable best practices developed over 30 years of data
migration success. Our goal is to improve data availability and migrate your data
efficiently with greater data integrity.
o Data Sanitization / Data Destruction - Our portfolio of enterprise services apply to
infrastructure products in a data center, including all of our Dell EMC infrastructure
solutions and similar 3rd party non-Dell branded products. We offer 3 distinct services that
vary depending on your business’ need.
Data Sanitization is a software-based method of securely overwriting the data
residing on a system to render it unrecoverable. We offer 2 versions of this
service.
If you want to refresh and redeploy assets in your environment, having data
wiped but retaining the asset, we have Onsite Data Sanitization Services. With
these we come to your facility, sanitize the data, and your systems never leave
your location.
Data Sanitization Offsite with Asset Resale and Recycle is best if you are
looking to eliminate assets from your environment and are interested in resale or
recycling. We come and pick up the assets, remove them from your facility, and
perform the sanitization at a secure site. After sanitization is complete, we
evaluate the system for resale value. If it can be resold or reused, then you will
get some money back. If no resale value is found, or the products are too old, we
will proceed to responsibly recycle the asset. This service is only available on
specific Dell EMC server and storage products and related 3rd party systems.
And, both sanitization offers are only able to be performed on systems that are in
working order.
Data Destruction, which is performed on all infrastructure products, both Dell
and non-Dell branded systems, and on systems that are no longer operational.
This service is a process of physical shredding the asset to make the data
residing on it completely in accessible. For this service, we come to your business
site, pick up the asset and put the data bearing component through the shredder.
Once shredded, everything is automatically recycled.
o STIG Hardening - This service will help customers implement STIG configurations.
Published by DISA, STIG is a defined set of NIST 800-53 industry standard security
controls that help minimize the security attack surface on IT assets to protect against
cybersecurity attacks.
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Managed Services
Dell Technologies can provide a complete range of end user, infrastructure, storage, and security
managed services, for any customer.
Client Lifecycle Managed Services: Dell can provide a complete managed framework for your
entire client environment, including but not limited to the following. These programs can be
acquired as part of an institution’s capital purchase / refresh, as an operating lease, or as an “-as-
a-Service” model.
o Asset acquisition and warehousing
o Device provisioning and updating
o Campus, local, or remote deployment and installation
o Software and application management
o Asset tracking and management
o Predictive / proactive repairs
o Moves / Adds / Changes / Re-Deployments
o Walk up or Dispatch for Break / Fix
o Service Desk
o Asset Disposition
Infrastructure and Storage Managed Services: Dell Technologies can provide the widest range
of Infrastructure and Storage Managed Services available. These are pre-defined and custom-
designed solutions, intended to meet the requirements of small, medium, large institutions, with
centralized or remote management infrastructures. Depending on the unique customer needs,
these managed services may include:
o Account management
o Predefined service levels
o Incident/change/capacity management & remediation
o Performance monitoring
o Patching & updates with scheduled maintenance windows
o Audit and compliance reporting
o Secure remote connectivity
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o Monthly billing
The range of infrastructure services includes but is not limited to the following list below.
Additional artifacts are available; please check with your Dell Technologies Services account team
for more details and specifics:
Infrastructure:
o Compute
o Storage
o Backup
o Infrastructure
o Cyber Recovery
o Includes options for hosting
Workloads:
o Private Cloud
o Containers
o Cloud Native
o VDI
o HPC
o AI / ML Ops
Multi-Cloud
o Hybrid Cloud
o Microsoft Azure
o Amazon Web Services
o Google Cloud Platform
o VMware Cloud
o Other public clouds
Managed Co-Lo Services
o Deployment
Deploy in colocation facility and connection to Dell’s service management used to
create and delete resources on the supported cloud platforms
Configure remote management and interconnections
o Event Monitoring and Security
24/7 Monitoring alerts, thresholds & trends on space, power and networking in the
colocation site
o Incident Management
Manage incidents in the colocation site and problems to resolution
o Operational Management
Maintain service management infrastructure for secure remote access
Configure network interconnections and manage networking capacity
Execute service expansions in colocation space
o Continuous Improvement
Ongoing review of procedures, configurations, skills
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Innovation in Education with Dell Technologies
Today, education is at a pivotal moment. Schools, colleges, and universities are in the middle of a significant
shift in educational models, delivering both unique learning models and student campus experiences
through digital transformation. Students are increasingly taking advantage of technology on demand to meet
their own learning needs and chart their own path to workforce readiness. This change around why, how,
and when students are learning is a driving force behind the growing need for advanced technology in higher
education on campuses.
Based on Dell research, we believe that 85% of the jobs that will be available in 2030 have not even been
invented yet. In 2030, we’ll value skills like contextualized intelligence, in-the-moment learning, automation
literacy, entrepreneurial mindset, and personal brand cultivation. More than anything, the ability to gain new
knowledge – to learn – will be valued more than even the knowledge that people already have. So, we see
our North Star - how can institutions begin to address students’ expectations in order to best prepare them
for that future/changing world? At Dell Technologies, we love finding new ways to help our educational
partners innovate, to bring new and exciting topics and methods of learning to the modern student.
A handful of the creative programs we are currently engaged in are:
Soar with MENTOR
Soar with MENTOR is a program developed by Dell and Intel for students to inspire, educate, and equip a
cohort of select female students with the necessary knowledge, skills and dispositions to be successful in
life, and possibly at Dell Technologies in the future. We recognize the importance of diversity and inclusion
in all organizations and believe that providing development and mentorship opportunities to female post-
secondary students will help assist in the future success of these students.
We have already begun to work with the University of Colorado campus champions to bring this program to
CU students as the first of it’s kind in the United States (previous programs have all been in Canada).
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AI For Workforce
Dell Technologies and Intel have implemented a comprehensive AI readiness program in partnership with
post-secondary education systems and governments worldwide. In the US this program goes a bit further
to focus on building the future AI-ready workforce through post-secondary opportunities with the objective
of ‘empowering learners and workers with AI skills in an inclusive way’.
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Girls Who Game
Offered through a partnership between Dell, Microsoft and Intel, the “Girls Who Game” program encourages
girls to get into the world of gaming, exposing them to new ways of applying STEM learning. This is an
engaging technology-based program designed to captivate female students in grades 4-8 in learner-driven
experiences to build their technology, leadership and communication skills. We have also brought
educational opportunities via a pilot internship program for young women in secondary education via the
Girls Who Game Equity program, teaching them how to host professional panels that are streamed live on
public streaming services.
We at Dell Technologies believe that our partnership runs deeper than just making sales. Some of
the ways we can help elevate those sales made on campus are:
Classrooms of the Future
With more students requiring a mix of in-person and online learning through HyFlex models, Dell
Technologies has partnered with numerous K-12 and Higher Education institutions to improve collaboration
between faculty and students regardless of how they attended class. Many schools and universities need
to deploy a connected classroom solution while staying within budget requirements. One example of a
connected classroom setup Dell has recently helped build at a regional university in the West, uses a Dell
75-inch 4K interactive touch monitor, Dell OptiPlex Micro desktops and Windows Whiteboard software
instead of traditional smartboards, Dell PCs and projectors. In these classrooms, any number of remote or
in-person students can see and interact with a virtual whiteboard. This includes adding notes, sharing files
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Dell Marketing L.P. 77
and running applications. The CIO of this university shared with us that “faculty utilizing this innovation, can
simply pull up a file that has a template whiteboard image and instantly pick up where they left off in their
last class as well as spontaneously present rich media content and annotations”.
Educational Road Shows / Guest Lecture Series / Educational Strategists
Dell Technologies prides ourselves on the expertise and knowledge of our team members. Not only do we
have expert client specialists and technologists to help explain and elaborate on the newest in our hardware
offerings, but we also have a dedicated team of educational strategists. Our education strategists are former
educators and staff from academia who are well versed in Technology Solutions for Higher Education, and
will act as advisors, guides, and champions for the University of Colorado.
In addition to understanding the higher education landscape, partnering with the University of Colorado on
webinars and speaking engagements, and being champions for academic institutions, Dell Technologies
Education Strategists can also help in a variety of other functions:
Strategy
● Have conversations about strategic initiatives at higher education institutions
● Participate in discovery meetings with higher education leaders
● Assist CU in their IT alignment of goals and plans to Institutional Strategic goals and plans
● Serve as higher education consultant and advisor
● Serve on advisory boards
● Facilitate Visioning Days and Dell Tech Days
● Participate as thought leaders in the industry via keynotes, speaking at industry events, PR, blogs,
social media, and whitepapers (such as the upcoming whitepaper in partnership with the Chronicle
of Higher Education featuring the CU Boulder Libraries program and research study around helping
students obtain adequate hardware – to be published very soon!)
Relationships
● Foster new relationships with university executives and build the bridge to the Dell team
● Develop agendas and participate in Executive Briefings at Dell Centers
● Make connections across and within institutions
● Help foster and develop collaborative partnerships
● Focus on building relationships outside of IT
● Help our customers network with each other and share best practices
Innovation
● Advance cultures of innovation and transformation
● Support learning transformations with students at the center
● Research technology solutions and provide information to customers
Our founder, Michael Dell, expresses it succinctly in his quote “Our business is about technology, yes. But
it's also about operations and customer relationships.” Dell Technologies has shown that we not only care
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Dell Marketing L.P. 78
about education and its impact on the world but are actively engaged in dedicating resources to be the best
possible partner for academic organizations.
Elevating CU Gaming Initiatives
We have built a strong relationship with the various CU Gaming groups, working to help elevate their mission
of establishing the University of Colorado as a leader in the academic, career pathway, and research arenas
of gaming and esports. A local and national expert in this field, Dell Education Strategist Danielle Rourke
frequently engages with faculty, staff, and students at CU campuses and works to bring advisory and
volunteer opportunities to them to help elevate their goals and involvement in the state and beyond. She
hosts a monthly gaming council collaborative of esports leaders from around the state of Colorado to help
advise the CDHE on ways Colorado can become the future hub of educational esports. This group created
a report for the CDHE called “Report and Recommendations on Gaming and Esports in Colorado” (please
ask for report if desired) and has helped advocate for a statewide esports league in higher education.
Dell Technologies was also a gold-level sponsor of COLTT 2021 and Danielle facilitated the session titled
“Esports in Colorado Higher Education - More than just a game” with CU Gaming Director of Esports as a
speaker.
We have also brought opportunities for the student leaders from CU Gaming to be an integral part of
conferences such as the 2022 Phi Theta Kappa Catalyst conference’s inaugural multi-day esports events.
Our appreciation for their involvement was only matched by the potential opportunities and networking
connections they gained from the event.
Dell Technologies also already has a solid relationship and presence at the University’s various on-
site retail facilities:
Dell Member Purchase Program
Dell Technologies and the University of Colorado have an extensive partnership for faculty, staff, and
students to purchase and earn rewards through our Member Purchase Program:
What is the Member Purchase Program?
MPP is a membership program within the Dell Consumer branch. Members include employees, family,
friends and students of your organization or school. We offer a wide array of benefits to our members,
including but not limited to:
Exclusive monthly offers
Best price guarantee on consumer PCs from Dell
Dedicated Dell contact for help with purchases, custom programs and more
Free enrollment in Dell Rewards Program
Best Price on Dell.com
Dell MPP provides your employees and/or students with several advantageous benefits with a goal of
putting the right consumer technology in their hands. Take advantage of the customized programs and
dedicated resources to elevate the savings and purchase experience. To take advantage of these deals,
please visit Dell.com/CU. Your Dell MPP contact is Alissa Stevens, who can be contacted at
Alissa_Stevens@Dell.com or 512-723-6273.
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Dell Marketing L.P. 79
Dell Rewards Program
Dell Rewards is an added benefit for your employees when they enroll in MPP’s free reward program. Your
employees will receive 3 percent back every time they purchase with their Rewards membership to use on
thousands of top-brand electronics, plus free expedited shipping. Learn more at: Dell.com/rewards.
Included in our Progress Made Real goals for social impact, Dell Technologies believes that sustainability
is a critical factor in the future of not only our business, but all life on our planet. We recognize it is also
important to our educational customers and have created many initiatives to be a partner in sustainability.
One such program is our annual Erase E-Waste Sweepstakes:
We also have recycling programs via our services organization.
Dell Technologies also believes strongly that today’s students are tomorrow’s valued team members. We
have a number of programs to help prepare students for their future careers in technology:
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Dell Marketing L.P. 80
Student Tech Crew
Dell Student TechCrew is a student-led IT helpdesk on high school campuses which promotes future career
skills and learning via hands-on experience as students help their peers and school staff members with
technology issues. It began as a pilot for the 2019-20 school year in the U.S. and Canada. Students who
participate in the program become certified Dell technicians via the Dell TechDirect Program, which gives
participating campuses access to an increased number of technicians by training, leveraging the expertise
of students to serve students.
As part of the Dell Student TechCrew curriculum, students receive industry-standard training to service Dell
desktops and notebooks. They also complete the required training to become Dell TechDirect-certified
technicians. The program teaches student participants to fix computers while also building their professional
career skills. The curriculum is divided evenly between technical training and the “soft skills” required for
21st-century careers.
We also offer technology certification programs that universities can utilize to train students for future
careers. Please see this customer story between students of Fayetteville State University and the City of
Fayetteville.
NextGen Sales Academy
NextGen Sales Academy was created to build the next generation of Dell Technologies sales leaders and
field sellers. Through an industry-leading training and enablement program, we are focused on developing
ambitious early in career talent along an accelerated career path. Our sellers focus on data center
technology. The program is a 2-3 year commitment, with a requirement to relocate to either Round Rock,
TX or Hopkinton, MA for the duration of the program.
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Dell Marketing L.P. 81
Dell Technologies Internships
At Dell Technologies, we are always looking for the next generation of innovative thinkers to drive our
business forward. Whether students are looking for internships, co-ops or development programs, we’ll
help them build the skills they need, while working on meaningful projects starting on day one.
Students start by exploring our https://jobs.dell.com/internships website for opportunities that sound
intriguing to them, such as:
Associate Inside Sales
Representa�ve
o 6-9 months
o Renowned training
program covering
both sales and
technology
Inside Sales
Representa�ve
o 18 months
o Carry a quota
o Run full sales
campaigns
Field Sales
Specialty Sales
Sales Management
Your path with Dell Technologies Next Gen Sales Academy
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Dell Marketing L.P. 82
We also have a number of volunteer opportunities for our programs (like Girls Who Game and Soar with
MENTOR) that we have worked with our university hiring team to recognize as important differentiators on
student resumes.
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Dell Marketing L.P. 83
Tab 9 - Required Documents
Federal Funds Certifications
Clean Air and Water Act & Debarment Notice
Contractors Requirements
Required Clauses for Federal Assistance by FTA
Federal Required Signatures
Antitrust Certification Statements Texas Government Code § 2155.005
State Notice Addendum
Please see requested documents beginning on the following page.
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FEDERAL FUNDS CERTIFICATIONS
Participating Agencies may elect to use federal funds to purchase under the Master Agreement.
The following certifications and provisions may be required and apply when a Participating
Agency expends federal funds for any purchase resulting from this procurement process.
Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the
Participating Agency and the Participating Agency’s subcontractors shall contain the
procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
• Pursuant to Federal Rule (A) above, when a Participating Agency expends federal
funds, the Participating Agency and Offeror reserves all rights and privileges under the
applicable laws and regulations with respect to this procurement in the event of breach
of contract by either party.
(B) Termination for cause and for convenience by the grantee or subgrantee including the
manner by which it will be effected and the basis for settlement. (All contracts in excess of
$10,000)
• Pursuant to Federal Rule (B) above, when a Participating Agency expends federal
funds, the Participating Agency reserves the right to terminate any agreement in excess
of $10,000 resulting from this procurement process in the event of a breach or default of
the agreement by Offeror as detailed in the terms of the contract
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.”
• Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds
on any federally assisted construction contract, the equal opportunity clause is
incorporated by reference herein.
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
**To the extent, terms are applicable and mandatory by law to the agreement between the District and Dell; Dell agrees**
**To the extent, terms are applicable and mandatory by law to the agreement between the District and Dell; Dell agrees**
*Not applicable. Not a construction contract
Page 115 of 404
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non- Federal entity must report all suspected or reported violations to
the Federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
• Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds
during the term of an award for all contracts and subgrants for construction or repair,
offeror will be in compliance with all applicable Davis-Bacon Act provisions
• Any Participating Agency will include any current and applicable prevailing wage
determination in each issued solicitation and provide Offeror with any required
documentation and/or forms that must be completed by Offeror to remain in compliance
the applicable Davis-Bacon Act provisions.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-Federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
• Pursuant to Federal Rule (E) above, when a Participating Agency expends federal
funds, offeror certifies that offeror will be in compliance with all applicable provisions of
the Contract Work Hours and Safety Standards Act during the term of an award for all
contracts by Participating Agency resulting from this procurement process.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and
any implementing regulations issued by the awarding agency.
*Not Applicable
*Not Applicable
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• Pursuant to Federal Rule (F) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term of an award for all contracts by
Participating Agency resulting from this procurement process, the offeror agrees to
comply with all applicable requirements as referenced in Federal Rule (F) above
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non- Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
• Pursuant to Federal Rule (G) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term of an award for all contracts by
Participating Agency member resulting from this procurement process, the offeror
agrees to comply with all applicable requirements as referenced in Federal Rule (G)
above
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
• Pursuant to Federal Rule (H) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term of an award for all contracts by
Participating Agency resulting from this procurement process, the offeror certifies that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation by any federal department
or agency. If at any time during the term of an award the offeror or its principals
becomes debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation by any federal department or agency, the offeror
will notify the Participating Agency
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
• Pursuant to Federal Rule (I) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term and after the awarded term of an award
for all contracts by Participating Agency resulting from this procurement process, the
*Not Applicable
**If the contract exceeds $100,000, Dell certifies compliance of the referenced clean air act.**
Dell Agrees
Page 117 of 404
offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
o No Federal appropriated funds have been paid or will be paid for on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with the
awarding of a Federal contract, the making of a Federal grant, the making of a
Federal loan, the entering into a cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of a Federal contract, grant,
loan, or cooperative agreement.
o If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of congress, or an
employee of a Member of Congress in connection with this Federal grant or
cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its
instructions.
o The undersigned shall require that the language of this certification be included in
the award documents for all covered sub-awards exceeding $100,000 in Federal
funds at all appropriate tiers and all subrecipients shall certify and disclose
accordingly.
RECORD RETENTION REQUIREMENTS FOR CONTRACTS
INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this
procurement process, offeror certifies that it will comply with the record retention requirements
detailed in 2 CFR § 200.334. The offeror further certifies that offeror will retain all records as
required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit
final expenditure reports or quarterly or annual financial reports, as applicable, and all other
pending matters are closed.
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY
AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this
procurement process, offeror certifies that it will comply with the mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49
C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad
Administration, or Federal Transit Administration funds, offeror certifies that its products comply
with all applicable provisions of the Buy America Act and agrees to provide such certification or
applicable waiver with respect to specific products to any Participating Agency upon request.
Participating Agencies will clearly identify whether Buy America Provisions apply in any issued
solicitation. Purchases made in accordance with the Buy America Act must still follow the
applicable procurement rules calling for free and open competition.
**If the contract exceeds $100,000, Dell certifies compliance of the referenced lobbying and disclosure laws to the extent possible**
**To the extent the terms are applicable and mandatory by law to the agreement between the District and Dell, Dell agrees.**
*Not Applicable
Not applicable to commercial IT Products
Page 118 of 404
CERTIFICATION OF ACCESS TO RECORDS
Offeror agrees that the Inspector General of the Agency or any of their duly authorized
representatives shall have access to any non-financial documents, papers, or other records of
offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the
purpose of making audits, examinations, excerpts, and transcriptions. The right also includes
timely and reasonable access to offeror’s personnel for the purpose of interview and discussion
relating to such documents. This right of access will last only as long as the records are
retained.
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the
foregoing terms and conditions.
**To the extent the terms are applicable and mandatory by law to the agreement between the District and Dell, Dell Agrees**
Dell Agrees
Page 119 of 404
CLEAN AIR AND WATER ACT AND DEBARMENT NOTICE
By the signature below (Under Federal Required Signatures), I, the Vendor, am in compliance
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970,
as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C.
1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part
15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting
violations to the grantor agency and to the United States Environment Protection Agency
Assistant Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise
ineligible for participation in Federal Assistance programs under Executive Order 12549,
“Debarment and Suspension”, as described in the Federal Register and Rules and Regulations.
Dell Agrees
Page 120 of 404
CONTRACTOR REQUIRMENTS
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and
Nationality Act (FINA), and all other federal and state immigration laws and regulations. The
Contractor further warrants that it is in compliance with the various state statues of the states it
is will operate this contract in.
Participating Government Entities including School Districts may request verification of
compliance from any Contractor or subcontractor performing work under this Contract. These
Entities reserve the right to confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors
are not in compliance, they may pursue any and all remedies allowed by law, including, but not
limited to: suspension of work, termination of the Contract for default, and suspension and/or
debarment of the Contractor. All costs necessary to verify compliance are the responsibility of
the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires
compliance with federal immigration laws by State employers, State contractors and State
subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which
work is being performed.
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month,
contractor shall submit a full set of fingerprints to the school district if requested of each person
or employee who may provide such service. Alternately, the school district may fingerprint those
persons or employees. An exception to this requirement may be made as authorized in
Governing Board policy. The district shall conduct a fingerprint check in accordance with the
appropriate state and federal laws of all contractors, subcontractors or vendors and their
employees for which fingerprints are submitted to the district. Contractor, subcontractors,
vendors and their employees shall not provide services on school district properties until
authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate
statutes in the state in which the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity
in which work is being performed.
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the
contractor does not have scrutinized business operations in Sudan and/or Iran.
Dell Agrees
Page 121 of 404
REQUIRED CLAUSES FOR FEDERAL ASSISTANCE
PROVIDED BY FTA
ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all non-financial books, records, accounts and reports required under this
Contract for a period of not less than two (2) years after the date of termination or
expiration of this Contract or any extensions thereof except in the event of litigation
or settlement of claims arising from the performance of this Contract, in which case
Contractor agrees to maintain same until the FTA Administrator, the U.S. DOT
Office of the Inspector General, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto.
b) Permit any of the foregoing parties to inspect all non-financial work, materials, and
other data and records that pertain to the Project, and to audit the non-financial
books, records, and accounts that pertain to the Project and to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed
for the purpose of audit and examination. The right of access detailed in this
section continues only as long as the records are retained.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts.
CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as
amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of
1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. §
5332, Contractor or subcontractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin,
sex, marital status age, or disability. In addition, Contractor agrees to comply with
applicable Federal implementing regulations and other applicable implementing
requirements FTA may issue that are flowed to Contractor from Awarding
Participating Agency.
2) Equal Employment Opportunity. The following Equal Employment Opportunity
requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49
U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal
Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office
of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal
statutes, executive orders, regulations, and Federal policies that may affect
construction activities undertaken in the course of this Project. Contractor agrees
It will apply "to the extent determined by the FTA to be applicable to this particular contract based on the status of the grantee and the type of contract issued".
Dell Agrees
Page 122 of 404
to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color,
creed, national origin, sex, marital status, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, Contractor agrees to comply with any implementing requirements FTA
may issue that are flowed to Contractor from Awarding Participating Agency.
b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of
1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment
Opportunity Commission (EEOC) implementing regulations, “Age Discrimination
in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by
Contractor against individuals on the basis of age, including present and
prospective employees. In addition, Contractor agrees to comply with any
implementing requirements FTA may issue that are flowed to Contractor from
Awarding Participating Agency.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act
of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits
discrimination against qualified individuals with disabilities in programs, activities,
and services, and imposes specific requirements on public and private entities.
Contractor agrees that it will comply with the requirements of the Equal
Employment Opportunity Commission (EEOC), “Regulations to Implement the
Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR,
Part 1630, pertaining to employment of persons with disabilities and with their
responsibilities under Titles I through V of the ADA in employment, public
services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will
not maintain or provide for their employees any segregated facilities at any of
their establishments, and that they do not and will not permit their employees to
perform their services at any location under the Contractor’s control where
segregated facilities are maintained. As used in this certification the term
“segregated facilities” means any waiting rooms, work areas, restrooms and
washrooms, restaurants and other eating areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided
for employees which are segregated by explicit directive or are in fact segregated
on the basis of race, color, religion or national origin because of habit, local
custom, or otherwise. Contractor agrees that a breach of this certification will be
a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiation, made by Contractor
for work to be performed under a subcontract, including procurements of materials or
leases of equipment, each potential subcontractor or supplier shall be notified by
Contractor of Contractor's obligations under this Contract and the regulations relative
to non-discrimination on the grounds of race, color, creed, sex, disability, age or
national origin.
Page 123 of 404
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the
non-discrimination provisions of this Contract, Public Agency shall impose such
Contract sanctions as it or the FTA may determine to be appropriate, including, but
not limited to: 1) Withholding of payments to Contractor under the Contract until
Contractor complies, and/or; 2) Cancellation, termination or suspension of the
Contract, in whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA, modified only if necessary to identify the
affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
“Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to
ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an
equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this Contract.
Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award
and administration of DOT-assisted contracts. Failure by Contractor to carry out
these requirements is a material breach of this Contract, which may result in the
termination of this Contract or other such remedy as public agency deems
appropriate. Each subcontract Contractor signs with a subcontractor must include
the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work
under this prime Contract for satisfactory performance of that work no later than
thirty (30) days after Contractor’s receipt of payment for that Work from public
agency. In addition, Contractor is required to return any retainage payments to those
subcontractors within thirty (30) days after the subcontractor’s work related to this
Contract is satisfactorily completed and any liens have been secured. Any delay or
postponement of payment from the above time frames may occur only for good
cause following written approval of public agency. This clause applies to both DBE
and non-DBE subcontractors. Contractor must promptly notify public agency
whenever a DBE subcontractor performing Work related to this Contract is
terminated or fails to complete its Work, and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. Contractor
may not terminate any DBE subcontractor and perform that Work through its own
forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will
cooperate with public agency in meeting its commitments and goals to ensure that
DBEs shall have the maximum practicable opportunity to compete for subcontract
work, regardless of whether a contract goal is set for this Contract. Contractor
agrees to use good faith efforts to carry out a policy in the award of its subcontracts,
agent agreements, and procurement contracts which will, to the fullest extent,
utilize DBEs consistent with the efficient performance of the Contract.
Dell Agrees
Page 124 of 404
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the State energy conservation plans issued under the Energy Policy and
Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, listed directly or by reference in the Contract between Public Agency and the FTA,
and those applicable regulatory and procedural updates that are communicated to Contractor by
Public Agency, as they may be amended or promulgated from time to time during the term of
this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The provisions include, in part, certain Standard Terms and Conditions required by the U.S.
Department of Transportation (DOT), whether or not expressly set forth in the preceding
Contract provisions. All contractual provisions required by the DOT and applicable to the scope
of a particular Contract awarded to Contractor by a Public Agency as a result of solicitation, as
set forth in the most current FTA Circular 4220.1F, published February 8th, 2016, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated
terms shall be deemed to control in the event of a conflict with other provisions contained in this
Contract. Contractor agrees not to knowingly perform any act, knowingly fail to perform any act,
or refuse to comply with any reasonable public agency requests that would directly cause public
agency to be in violation of the FTA terms and conditions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express
written consent and notwithstanding any concurrence by the Federal Government in or approval
of the solicitation or award of the underlying Contract, the Federal Government is not a party to
this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or
any other party (whether or not a party to that contract) pertaining to any matter resulting from
the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part
with federal assistance provided by the FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil
Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of
the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me
Dell Agrees
Dell Agrees
Dell Agrees
Dell Agrees
Dell Agrees
Page 125 of 404
made, pertaining to the underlying Contract or the FTA assisted project for which this Contract
Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it
makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems
appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the
right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor,
to the extent the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
Page 126 of 404
FEDERAL REQUIRED SIGNATURES
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted
in the pages above. It is further acknowledged that offeror agrees to comply with all federal,
state, and local laws, rules, regulations and ordinances as applicable.
Offeror __________________________________________________________
Address __________________________________________________________
City/State/Zip __________________________________________________________
Authorized Signature __________________________________________________________
Date __________________________________________________________
Dell Marketing L.P.
One Dell Way
Round Rock, Texas 78682
11/16/2022
*To the best of my knowledge and belief.
Page 127 of 404
ANTITRUST CERTIFICATION STATEMENTS
TEXAS GOVERNMENT CODE § 2155.005
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company,
corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any
provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company has violated any
federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any
of the contents of this bid to a competitor of the Company or any other company, corporation,
firm, partnership or individual engaged in the same line of business as the Company.
Company Name __________________________________________________________
Address __________________________________________________________
City/State/Zip __________________________________________________________
Telephone Number __________________________________________________________
Fax Number __________________________________________________________
Email Address __________________________________________________________
Printed Name __________________________________________________________
Title __________________________________________________________
Authorized Signature __________________________________________________________
Dell Marketing L.P.
One Dell Way
Round Rock, Texas 78682
512-720-7429
n/a
stacey.skala@dell.com
Stacey Skala
Proposal Manager
Page 128 of 404
STATE NOTICE ADDENDUM
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and
potential participants to include all county, city, special district, local government, school district,
private K-12 school, higher education institution, state, tribal government, other government
agency, healthcare organization, nonprofit organization and all other Public Agencies located
nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national
contract.
For your reference, the links below include some, but not all, of the entities included in this
proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml
https://www.usa.gov/local-governments
Page 129 of 404
Proposal Legal Notes
Dell Marketing L.P. 99
Proposal Legal Notes
Dell Technologies conducts operations through its subsidiaries and is the parent company to contracting
legal entities Dell Marketing L.P. and EMC Corporation.
The contents of this response, including all elements of proposed pricing, performance level agreements
and any referenced terms and conditions, apply only to direct purchases with Dell Technologies.
Terms & Conditions
This proposal will remain valid for 120 days from the date of submission of the proposal. Final pricing and
other legally binding contract terms must be agreed or confirmed between the parties.
Dell is submitting this proposal subject to the exceptions to the REQUEST FOR PROPOSAL (RFP) FOR
Technology Solutions, Products and Services, SOLICITATION NUMBER 45-22 (RFP) terms and
conditions included herewith. Dell welcomes the opportunity to negotiate its exceptions and the terms and
conditions to come to a mutually acceptable governing agreement with customer. Dell’s submission of a
proposal does not indicate acceptance of those RFP terms and conditions identified in our exceptions.
If the RFP allows customer the discretion to reject a bid that takes exceptions to the RFP terms and
conditions, Dell requests the opportunity to review and discuss its exceptions with customer further.
Disclaimer
This proposal (and information contained herein) is provided to you for information purposes only. Dell
Technologies is not responsible for any errors or omissions relating to this proposal or that may occur as a
result of the passage of time. In addition, Dell Technologies may improve or change this presentation or
improve or change its products and service offerings from time to time, without updating this proposal.
Please contact your sales representative for updates or additional information.
Confidentiality
This proposal (and information contained herein) is Dell Technologies Confidential Information, and your
access and use are subject to and governed by the terms of your written nondisclosure agreement with
Dell Technologies. In the absence of an applicable, written nondisclosure agreement between you and
Dell Technologies, your access and use of this proposal (and information contained herein) shall be
limited as follows: you will maintain the confidentiality of the Dell Technologies Confidential Information
with at least the same degree of care that you use to protect your own confidential information, but no less
than a reasonable degree of care under the circumstances; you may use the Dell Technologies
Confidential Information only for the business transaction between you and Dell Technologies (“Purpose”);
you may disclose Dell Technologies Confidential Information only to your employees who have a need to
know the information for the Purpose and are legally bound by similar nondisclosure terms; and you will
not disclose Dell Technologies Confidential Information to any other employee or to a third party.
Note
This information may be exempt from disclosure under open records and/or freedom of information act
(foia) statutes and regulations. Dell reserves all rights available to it under applicable law to appeal any
disclosure to a third-party accordingly.
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Proposal Legal Notes
Dell Marketing L.P. 100
Pricing Notes
Dell will provide the minimum discounts for the offers described in the Discount Category Matrix on Tab 7.
The discounts are applied to Dell’s then current Manufacturer Suggested Retail Pricing (MSRP) and Dell
reserves the right to change the MSRP (which would also change the discounted selling price) at any time
to apply to future orders. Regardless of the Category in which they may be sold, Dell shall not be obligated
to provide any discounts with respect to APEX-branded products or offerings.
Dell maintains a Retail Price list online located at: http://ftpbox.us.dell.com/slg/weekly/dellpricereport.pdf.
The Price List is updated weekly, is available for download from this site in lieu of hard copy distribution
and excludes promotional offers. Systems configured and discounted by your Dell’s Sales
Representatives or through on-line stores and Premier Pages, are based upon then-current retail pricing
and exclude promotional offers.
Changes to retail prices are subject to Dell’s discretion and generally take effect immediately, allowing us
to provide price decreases and to introduce new products without waiting for a formal price list to be
updated. Product Classifications and Categories may be changed by Dell without notice.
Where a Dell-branded product is comprised of both hardware and services, the resulting Discount Off List
percentage will reflect a blend of the contract discounts associated with the hardware and tied services
components of that product.
Where Dell sells third-party products on a “discount-off-list” basis and does not receive a list price from the
manufacturer, Dell assigns a list price. Prices for custom services are agreed to through a separate
Statement of Work and not included in the proposed prices herein. Where “discount off list”, “cost plus”, or
“cost minus” calculations are used to determine pricing, Dell’s standard discount product category list,
product category or classification assignment for a particular product is subject to change by Dell and
could affect pricing of that product.
Pricing, if included, may be subject to change in the event of an industry wide material constraint or
shortages, including but not limited to memory, or other manufacturing materials or components, or due to
other factors beyond Dell Technologies’ reasonable control. Products may be discontinued or revised
(including components thereto) at any time without notice. Should the initial proposed product(s) be
discontinued before the replacement product(s) reach price parity with initial product(s), Dell Technologies
reserves the right to re-negotiate pricing. For global proposals utilizing Dell Technologies’ currency
exchange hedge rates, rates are updated quarterly and only valid for the current quarter from the proposal
submission date.
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Tab - Appendices
Dell Marketing L.P. 101
Tab - Appendices
Included on the following pages:
● Dell and the Environment
● Dell's Diversity and Equal Employment Opportunity Policy
● Dell Supplier Diversity Program
● Dell Premier for IT Procurement Overview
● Dell Limited Hardware Warranty
● Dell Return Policy
● Dell Financial Services
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Tab - Appendices
Dell Marketing L.P. 102
Appendix A - Dell and the Environment
Our Ability
We help our customers minimize their environmental impact by delivering energy-
efficient products and easy, responsible electronics recycling.
We also aim to reduce environmental impacts throughout the sustainability life cycle. This approach
means designing our products with the environment in mind, finding more eco-friendly ways to build and
ship them, and working to reduce our collective footprint.
Design
Designing with the environment in mind from the very start ensures all Dell products and services help
customers reduce their impact and meet their goals.
● Environmental Design
● Follow the Eco-label
You want eco-friendly products without sacrificing performance or reliability. Instead of one eco-friendly
product, we design all products with the environment in mind. We’re committed to developing innovative
products and services that help you do more while minimizing your environmental impact.
All product design follows our Design for Environment specifications where we make choices that can
minimize impact at each stage of the product life cycle. Also, a large number of Dell products are
registered to ENERGY STAR and EPEAT eco-labels to make it easy for you to choose.
Build
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Tab - Appendices
Dell Marketing L.P. 103
Building responsibly means our operations, and those of our supply chain, are committed to operating
sustainably. It’s good for business and good for the planet.
● Zero Waste
● Climate Change
As a global citizen, Dell is committed to minimizing the impact that our operations, and those of our supply
chain, have on the planet and the communities we live and work in. We believe it’s possible to succeed in
business without doing harm to the environment.
Central to this idea is the practice of using resources responsibly. With energy, water, forestry resources
and on the manufacturing floor, we avoid waste in all its forms and work with our supply chain to do the
same. We strive to recycle them back into usefulness or to obtain them from renewable and sustainable
sources.
Additionally, we recognize that climate change is real and we all have a role to play in transition to a lower-
carbon economy. Success is possible through a combination of global emissions reductions, efficiency
improvements and a transition to renewable energy sources. To these ends, we have committed to
measuring and reducing the impact of our own operations, including our supply chain, our own operations
and the impact of our products and services.
Ship
From renewable packaging to smarter shipping, Dell takes an innovative, strategic approach to efficiently
delivering products around the world every day.
Packaging protects products. Shipping gets them where they need to go. Reducing that impact requires a
strategic commitment to reducing waste by shrinking packaging, selecting renewable materials and
striving to make our packaging recyclable, so it doesn’t become a customer’s waste problem. It also
requires constant optimization of an expanding supply chain, always looking for the efficiencies that
reduce trips and cut emissions, all while ensuring customer products arrive safely and on time.
Use
Every day, customers are using Dell products and services to help them reduce their environmental
impact and achieve their sustainability goals.
Whether to mitigate risk, create new opportunities, reduce operating costs or improve their brand,
companies are looking to reduce their environmental footprint. Increasingly, our customers are realizing
that technology can be a major driver of this transformation.
But green IT — technology that itself leaves a smaller footprint — is not enough. We help our customers
look at IT for green technology that enables them to address their sustainability goals and take control of
their resources in a way that creates value. While better design will minimize environmental impact
throughout a product’s life cycle, the true measure of technology’s power is how our customers use it to
unleash new possibilities and change their world.
Recycle
Recycling is critical to helping drive sustainability, returning materials to usefulness. Around the globe, we
offer easy, responsible recycling options.
● Business Recycling
● Dell Reconnect
As technology is progressing quickly, e-waste is piling up in our offices and homes, or worse, our landfills.
According to the Environmental Protection Agency, over 200 million pieces of computer-related e-waste
are being generated annually. Yet, only approximately 18 percent is being recycled, which leaves over
150 million pieces of equipment in our landfills each year.
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Tab - Appendices
Dell Marketing L.P. 104
To help prevent the environmental impacts of e-waste, Dell provides multiple hassle-free options for
disposing your e-waste responsibly and keeping it out of our landfills either directly or through our
partnerships.
Dell’s moonshot goal is that by 2030, for every product a customer buys, we will reuse or recycle an
equivalent product. 100% of our packaging materials will be sourced from recycled-content or renewable
materials. More than half of our product materials will be sourced from recycled-content or renewable
materials.
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Tab - Appendices
Dell Marketing L.P. 105
Appendix B - Dell's Diversity and Equal Employment
Opportunity Policy
Diversity, inclusiveness and respect for all Dell employees form the basis of Dell's Winning Culture and
are essential to Dell's success. Dell values each individual’s distinct contribution and leverages our
collective strengths to ensure that Dell remains the technology solutions company of choice for customers
around the world.
Dell is an Equal Opportunity Employer and Prohibits Discrimination and Harassment of Any Kind
Dell is committed to the principle of equal employment opportunity for all employees and to providing
employees with a work environment free of discrimination and harassment. All employment decisions at
Dell are based on business needs, job requirements and individual qualifications, without regard to race,
color, religion or belief, national, social or ethnic origin, sex (including pregnancy), age, physical, mental or
sensory disability, HIV status, sexual orientation, gender identity and/or expression, marital, civil union or
domestic partnership status, past or present military service, family medical history or genetic information,
family or parental status, or any other status protected by the laws or regulations in the locations where we
operate. Dell will not tolerate discrimination or harassment based on any of these characteristics.
Dell's Commitment to a Workplace Free of Discrimination and Harassment is Far Reaching
Dell's commitment to equal employment opportunity applies to all persons involved in the operation of
Dell’s business and prohibits discrimination or unlawful harassment by or between any Dell employee,
including officers, supervisors and coworkers, or applicants for employment at Dell, or by or between any
Dell employee and any employee of Dell's customers, independent contractors, vendors or other strategic
partners. All employees are responsible for maintaining a work atmosphere free from discrimination and
unlawful harassment by treating others with dignity and respect.
Unlawful Harassment is Prohibited
Unlawful harassment can take several forms, including verbal, visual or physical conduct that creates an
offensive, hostile or intimidating work environment. Conduct that can contribute to unlawful harassment
includes, but is not limited to:
● Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual
advances, invitations or comments
● Visual conduct such as derogatory and/or sexually oriented posters, photography, cartoons,
drawings or gestures
● Physical conduct such as assault, unwanted touching, blocking normal movement or interfering with
work because of sex, race or any other protected characteristic
● Threats and demands for sexual favors as a condition of continued employment or to avoid some
other loss, and offers of employment benefits in return for sexual favors
● Retaliation for having reported or threatened to report harassment
Dell Employees Are Encouraged to Report Discrimination, Harassment, Retaliation or the Threat of
Retaliation
Dell employees who witness or believe they have been subjected to discrimination, harassment, retaliation
or other inappropriate conduct are encouraged to report such conduct immediately in accordance with the
Raising/Resolving Issues and Concerns section of the Code of Conduct. This includes, but is not limited
to, contacting your manager, Human Resources representative, the Office of the Ombuds (if available),
the Global or Regional Ethics Office, or the Ethics Helpline at 1-888-888-9975. All such reports will be
investigated promptly and as confidentially as possible and appropriate corrective action will be taken. No
employee who makes good faith reports of discrimination, harassment or retaliation will be subjected to
reprisal or damage to their career, reputation or employment at Dell.
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Tab - Appendices
Dell Marketing L.P. 106
Dell Strives to Reasonably Accommodate Its Employees
Dell provides equitable treatment and reasonable accommodations for employees and applicants in
accordance with federal, state and local laws. A reasonable accommodation for an employee with a
disability may include modification of policies and procedures, an adjusted work schedule, special
equipment or transportation, or other job modification to optimize the individual’s job performance, if such
accommodation does not result in an undue hardship to Dell's business.
Individuals who desire a workplace accommodation under any applicable law may make a request for
such an accommodation, preferably in writing, to the individual’s supervisor or Human Resources
representative.
Enforcement and Potential Discipline
Employees who violate this policy will be subject to disciplinary action, up to and including termination of
employment from Dell.
Revisions and Revocation
This policy in no way constitutes a contract between Dell and any employee and may be revised or
revoked at any time, with no advance notice.
For more information regarding Dell's Diversity & Equal Employment Opportunity Policy please visit:
http://www.dell.com/learn/ae/en/aecorp1/corp-comm/cr-equal-employment-opportunity
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Tab - Appendices
Dell Marketing L.P. 107
Appendix C - Dell Supplier Diversity Program
Mission
The mission of Dell Global Supplier Diversity is to deliver
superior supplier performance through highly-qualified minority,
women and small businesses to deliver technology solutions
that enable people everywhere to grow and thrive. As part of our
commitment to diversity, we source products and services from
women and other diverse business owners globally. We
measure our achievements in identifying and buying from those
businesses that are owned, operated, managed, and controlled
by women and others who are underrepresented.
Action
Dell develops strategic, sustainable relationships with a very diverse group of qualified suppliers. Our
customers come from every nation, culture, and walk of life, and it’s important that all aspects of our
business reflect that same diversity.
Why Supplier Diversity makes us Stronger
● It supports both Dell and customer corporate social responsibility, vision and goals
● It enables customers to satisfy federal, state and local diversity requirements
● It demonstrates a commitment to the communities in which we live and work
● It utilizes partnerships to capitalize on the demographic shift in minority populations
Suppliers
Diverse companies that meet Dell’s procurement specifications and standards of excellence have an
opportunity to partner with Dell in delivering quality products and services to Dell and its customers. The
Billion Dollar Roundtable (BDR) recognizes corporations that have achieved spending of at least $1 billion
with minority and women-owned suppliers. In FY20, we started the Supplier Diversity Development
Program. Seven diverse suppliers participated in the FY20 program and paired with Supplier Diversity
Champions that served as mentors.
Our purpose is to drive diversity and inclusion within our supply chain by using prime, qualified and
capable suppliers. We evaluate and qualify suppliers based on their ability to meet best in class cost,
supply chain process, quality, technology, time to market, and service experience. Good faith efforts that
Dell leverages within our supplier diversity program include:
● Sourcing suppliers with strong supplier diversity programs themselves
● Including supplier diversity language in contractual agreements
● Monitoring spend levels through reporting
● Providing feedback and recommendations on our supplier partnership community
Culture
Dell has developed a Supplier Diversity Structure which includes the development of Diversity Teams,
Ambassadors and Champions. These diversity advocates engage and promote Supplier Diversity
concepts within each of their business space ensuring a widespread success. Each business function has
Page 138 of 404
Tab - Appendices
Dell Marketing L.P. 108
an associated Dell employee who acts as a champion on behalf of Dell and for customers. The Champion
is the liaison between the diversity team and the business function with a mission of driving diverse
spending and establishing diverse suppliers within their space. With this structure, Dell is able to extend
our reach to all business functions within our company and these champions play a critical role in the
success of our supplier diversity program.
The Global Ambassador Program
The objective of the Global Ambassador Program is to drive incremental growth of diverse spend beyond
the United States in support of customer requirements. Similar to the role of Diversity Teams and
Champions, Global Ambassadors’ drive diverse spend outside of the U.S. and throughout supported
global regions. To date, Dell has eight Ambassadors representing China, India, Central and Latin America,
the United Kingdom, Australia, and Canada. These Ambassadors serve on advisory boards, encourage
certification through global partners, and champion Dell’s supplier diversity efforts globally.
Affiliations
Dell participates with the following diversity organizations in support of growth and development of small,
minority and women-owned suppliers:
● National Minority Supplier Development Council (NMSDC)
● Southwest Minority Supplier Development Council (SMSDC)
● Women’s Business Enterprise National Council (WBENC)
● Women’s Business Council Southwest (WBCS)
● Small Business Administration (SBA)
● National Veteran Business Development Council (NVBDC)
● National LGBT Chamber of Commerce (NGLCC)
● Disability:IN
● WEConnect International
● Minority Supplier Development China (MSD)
● Broad-based Black Economic Empowerment (South Africa)
Outreach
As part of our outreach program, Dell has a Supplier Diversity website which allows diverse suppliers to
provide information about their company to us. This is uploaded to an online database which our
purchasing organization can access to identify diverse suppliers with RFQ/RFI opportunities. The link for
this website is Supplier Diversity Registration Survey (smartsheet.com)
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Tab - Appendices
Dell Marketing L.P. 109
Appendix D - Dell Premier for IT Procurement Overview
At Dell Technologies, we have always been at the forefront of technology. We have a strong and vast
portfolio of products, expertise, and services. Over the past few years, however, the technology world as
we know it has changed. We’re living in the data era—a time where customers want to shop, learn and
purchase products with just a few clicks. They expect their technology to know what they need before they
know they need it. The vision to be the most essential technology company for the data era focuses our
goals on how all our customers – from consumer to enterprise – buy for the better through our online
platform.
Dell Premier helps you save time and money, by shopping for your Dell products and solutions on a
tailored site that streamlines purchasing and offers greater autonomy and control over your procurement
ecosystem. The customization options for your Dell Premier portal page, enables you to fulfill your
business needs throughout all phases of IT product ownership.
Using Dell Premier, you can:
● Shop a complete line of fully customizable business-class products, software & accessories.
● Set company-wide standards for product configurations, custom services and shipping options and
purchase at your organization’s negotiated rate.
● Prepare and save system configurations as an eQuote for repeat or future purchase at a later date.
● Retrieve and purchase sales-created quotes
● Purchase parts and upgrades for your existing hardware
● Retrieve detailed invoice, open order and purchase history reports or build your own report.
● Manage what users can see and do with defined access groups and user roles.
● Access your personalized Account page to manage your day-to-day account needs, like your
address book, user access levels, reporting, and more. Orders that are placed via Dell Premier
write frictionless to Dell’s order management system, which means our customers typically receive
their orders quicker and with less errors.
● You can also use the Dell Premier local online or global platform to integrate into your existing ERP
or ITSM system.
In short, Dell Premier makes the whole process of doing business with Dell easier and more cost-efficient.
Product Catalog Offerings
Dell Premier offers a number of product catalogs (including a custom catalog option) that will provide you
access to systems, software and peripherals products at your negotiated pricing.
● Systems Catalog: This catalog offers the user access to Dell’s entire line of products.
● Software & Peripherals Catalog: This catalog offers the user access to thousands of accessories,
software titles, parts, and upgrades.
● Standard Configurations: This catalog offers systems and/or software & peripherals that can be
customized to show only the customer’s agreed upon products at negotiated pricing.
Both Systems catalog and standard configurations give you access to
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― Dell Smart Selection (Stocked): From your Premier page, you can easily order pre-
configured systems by Dell experts based on customer insights. With Smart Selection, you
get Dell's most popular business PCs with a simplified ordering process, accelerated delivery,
and optional configuration services. Smart Selection systems are in stock and ready to ship.
― Custom Build (Non-stocked): From your Premier page, you can easily order alternative
configurations that meet your needs.
eQuotes
Shopping carts can be saved as eQuotes by any shopper and forwarded to an authorized buyer for
review. With e-quote functionality:
● End users configure and price their own systems
● Managers or authorized buyers receive e-mail notification of saved e-quotes for review and
approval
● Time-consuming double-entry of order information and costly errors are reduced
● Purchasing bottlenecks are diminished, while spending controls stay in place
You can easily access and purchase eQuotes as well as Sales Quotes via your Dell Premier Page.
eQuotes can be modified online prior to purchase. Sales Quotes are generated by a Dell Sales
Representative and can be retrieved and purchased through Dell Premier. However, any modifications
require Dell Sales Support.
Turn sales quotes into orders quickly and easily.
You can easily retrieve the quotes provided by your Dell Technologies account team, in addition to quotes
that you create online, all on your secure Dell Premier portal.
Get your orders underway online 24/7, leverage self-service to order your quotes, track all your Dell orders
and even download your packing slips or invoices.
Secure Online Ordering
Secure online orders can be placed at any time through an intuitive, streamlined checkout process.
Real time Order Tracking
When placing an order via Dell Premier, automated email notifications keep you informed of your Dell
order status.
At any time, you can access the Online Order Status tool to check the status of your order and view a
variety of options relating to current and past Dell purchases (up to two years). You can track orders
placed via your Dell Premier page or via your Dell account team.
Reporting
Dell Premier provides easy access to comprehensive, up-to-date, and customizable data regarding all
your Dell transactions. Its sophisticated reporting functionality is designed to help you to plan your
purchasing, verify your payments, and manage your assets -- all at the click of a mouse. Flexible options
allow you to search and sort the information so it's most useful to you.
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Security and User Access
Custom-defined access roles support your approval process and control unapproved buying. Dell Premier
enables customization of what users can do and see. An employee’s access is limited to the information
and tools that they need, and the designated administrator in your organization can modify the access role
of a user as needed.
Your account team Information
Dell Premier enables easy access to the right Dell contacts. Whenever you want to inquire about products
or check prices or an order, your Dell Account Team representative is always standing by to take your call.
Premier Notifications Center
Our messaging center provides you with relevant and timely updates regarding your Dell Premier
experience.
● Get automatic notifications about:
● standard configurations
● order processing updates and delivery status
● eQuote status changes
● your Dell account team
● Premier news including latest features
ImageWatch
You can sign up for Dell's ImageWatch service (NDA required) in Dell Premier to view information about
technology changes. It provides a 6-months outlook on: Ready To Ship & End Of Marketing Life, for
platforms, hardware and software.
ImageWatch service can help you prepare a proactive procurement plan that incorporates future
technology changes and minimizes their impact.
Benefits:
● Proactive planning of product changes & transitions.
● Global Standard Platforms (GSP) and their regional availability.
● Ability to create and share product configurations between your company and your account teams.
● Monitor & receive change notifications via dashboard views and on-demand e-mail alerts
Accessibility
Dell Technologies is committed to ensuring digital accessibility for people with disabilities. We are
continually improving the user experience for everyone and applying the relevant accessibility standards.
The commitment of Dell to diversity and to provide the best customer experience helps us to remain
competitive in the marketplace. In Dell’s ongoing efforts to strive for accessibility, Dell is committed to the
principles and goals of the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG).
Dell works toward the goal of meeting the Level AA criteria as set forth in the guideline.
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Support
The Dell support site provides fast, flexible access to a comprehensive array of technical support
resources. Designed for support technicians, helpdesk specialists, system engineers and IT managers,
Premier Support provides fast access to the knowledge and solutions you need to help you efficiently.
Double Down on Dell Premier
We’ve got advanced solutions for your complex business needs.
Are you a global customer? Make Dell Premier your one-stop-shop across global operations. Dell Premier
offer a sophisticated answer for large-scale technology procurement. Customers with global operations
can take advantage of a secure, personalized purchasing and support site that ensures efficient global
purchase operations. Learn More
Using an ERP System? Set up integration with Dell Premier. Seamlessly integrate your existing ERP
system with Premier from catalog to checkout to delivery—eliminating errors and redundancy—with zero
downtime! You can utilize your existing procurement system and leverage the features of Dell Premier
when procuring IT such as detailed reporting, customizable solutions and centralized purchasing. Learn
More
Already using ITSM (IT Service Management) Software? Invest in decentralizing your purchasing process
to make your workflow more efficient. With Dell API technology, you can extend the familiar benefits of
your existing ITSM system – including ServiceNow and Remedy-to the Dell Premier purchasing
environment. Free up your procurement team’s time to focus on strategic initiatives. Learn More
Maximizing your return on investment (ROI) and Economic Impact with Dell Premier
Modernizing IT procurement saves time and money while improving employee
productivity.
According to the latest Forrester study, the four-year financial analysis based on the customer interviews
and survey found that a composite organization experiences benefits of $1.76 million over 4 years vs
costs of $444,0000, adding up to a net present value (NPV) of $1.32 million and an ROI of 297%. The
research reveals that customers who use Dell Premier are able to get payback for their efforts in less than
6 months and able to enjoy:
1) A reduced 15% procurement team effort associated with IT hardware purchasing.
2) 1875 hours saved in time spent on device configuration annually.
3) And reduced purchase cost of $68 per device due to product standardization.
Read the study and examine the potential return on investment (ROI) your company may realize by
transforming IT procurement with Premier.
What can Dell Premier save your organization?
Create a personalized assessment and business case estimating the savings that Dell Premier can
provide for your organization.
Customer Stories
UK Charity Versus Arthritis had an immediate need for a self-service portal in 2020. Versus Arthritis sent
all 400 employees home to work when the COVID-19 lockdown was announced in March 2020. While the
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charity already had flexible working arrangements in place, staff required additional technology to ensure
the effectiveness and connectivity of their home office arrangements. Versus Arthritis needed to enable
staff to order equipment direct to their homes rather than to its closed offices.
The Dell Technologies account team consulted internal e-commerce experts and proposed a customized
version of Dell Premier Procurement Portal. This solution is used by internal IT or procurement teams to
order products from the Dell Technologies online catalogue. On the first day of operation the IT team
checked and approved nearly 70 orders. In most cases equipment was delivered in 48‒72 hours,
compared with the 8‒9 days it could have taken if bulk orders had been delivered to the head office and
redirected to peoples’ homes.
● Versus Arthritis - Work From Anywhere with Dell Premier
Dell Premier was essential in helping Arkema migrate its global e-procurement platform – this meant
transferring all the integrated systems for its global suppliers. Arkema chose Dell Premier Procurement
Integration and Dell Premier Global Procurement to modernize their online platform. This resulted to a
quick and effective migration of their global procurement platform in 6 months and 95% of their IT
purchases being automated. This particular customer was very happy with the work of the Dell Premier
team. While some providers tend to wait and see how things turn out in this kind of project, the Dell
Premier team was proactive, anticipating our needs and meeting all deadlines.
● Arkema - Procurement Integration
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Dell Premier Page at a glance:
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Appendix E - Dell Limited Hardware Warranty
Limited hardware warranties
Dell-branded hardware products purchased in the U.S. or Canada may come with a 90-day, 1-year, 2-
year, 3-year, 4-year, 5-year or other limited hardware warranty. Dell may offer different delivery methods
for warranty service, including but not limited to parts and product dispatches, mail-in service and
onsite/in-home service. Renewals and extensions of your limited hardware warranty may also be available
after you purchase your product(s). To determine the warranty that came with your hardware product(s),
or the warranty renewal or extension that you purchased, see your packing slip, invoice, receipt or other
sales documentation. Some components of the hardware you purchased may have a shorter warranty
than that listed on your packing slip, invoice, receipt or other sales documentation. Additional details
related to warranty duration are listed below.
What is covered by this limited hardware warranty?
What is not covered by this limited hardware warranty?
How long does this limited hardware warranty last?
Important Notice Relating to Third Party Product
What do I do if I need warranty service?
What will Dell do?
What if I purchased a service contract?
May I transfer the limited hardware warranty?
Dell Printer Consumables Limited Warranties
Limited Lifetime Warranty for Dell-branded tape media
What is covered by this limited hardware warranty?
This limited hardware warranty covers defects in materials and workmanship in your Dell-branded
hardware products, including Dell-branded peripheral products.
What is not covered by this limited hardware warranty?
This limited hardware warranty does not cover:
Software, including without limitation, the operating system and software added to the Dell-
branded hardware products through our factory-integration system, third-party software or the
reloading of software
Non Dell-branded products and accessories
Problems that result, directly or indirectly, from:
External causes such as accident, abuse, misuse or problems with electrical power.
Servicing not authorized by Dell.
Usage that is not in accordance with product instructions.
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Failure to follow the product instructions or failure to perform preventive maintenance.
Using accessories, parts or components not supplied by Dell.
Commercial hardware products that use, or in which have been installed, products or components
that have not been provided by Dell.
Products with missing or altered service tags or serial numbers
Products for which Dell has not received payment
Normal wear and tear
FOR COMMERCIAL CUSTOMERS (INCLUDING SMALL, MEDIUM AND LARGE BUSINESS AND
GOVERNMENT AND PUBLIC SECTOR CUSTOMERS) AND RESELLERS. This paragraph applies if
you purchase Dell products for resale or for commercial or professional purposes. DELL'S
RESPONSIBILITY FOR DEFECTS IN MATERIALS OR WORKMANSHIP IS LIMITED TO REPAIR OR
REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT
FOR THE LIMITED WARRANTY EXPRESSLY STATED ABOVE FOR DELL-BRANDED PRODUCTS,
DELL PROVIDES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTY OR CONDITION (1) OF MERCHANTABILITY, MERCHANTABLE
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY OR
NONINFRINGEMENT; (2) RELATING TO ANY THIRD-PARTY PRODUCT OR SOFTWARE; OR (3)
REGARDING THE RESULTS TO BE OBTAINED FROM THE PRODUCT OR SOFTWARE. DELL
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED
WARRANTY. THIS LIMITED HARDWARE WARRANTY MAY BE VOIDED BY DELL, AT DELL'S SOLE
DISCRETION, IF THIRD PARTY PRODUCTS THAT WERE NOT PROVIDED BY DELL ARE INSTALLED
ON YOUR DELL SYSTEM.
FOR CONSUMERS. This section applies if you purchase Dell products that are normally used for
personal, family or household purposes.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
RIGHTS, WHICH VARY FROM STATE TO STATE, PROVINCE TO PROVINCE OR
JURISDICTION TO JURISDICTION.
DELL'S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED
TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT.
FOR ANY INCIDENT COVERED BY THIS DELL LIMITED HARDWARE WARRANTY, YOU MUST
USE DELL-PROVIDED PARTS AND PRODUCTS, WHICH DELL WILL PROVIDE TO YOU FOR
NO ADDITIONAL CHARGE.
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TO THE EXTENT NOT PROHIBITED BY LAW IN YOUR STATE, PROVINCE, JURISDICTION OR
COUNTRY, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL,
WRITTEN, STATUTORY, EXPRESS OR IMPLIED.
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS WARRANTY STATEMENT
AND TO THE EXTENT NOT PROHIBITED BY LAW, DELL DISCLAIMS ALL OTHER
WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AND
CONDITIONS AGAINST HIDDEN OR LATENT DEFECTS. SOME STATES, PROVINCES,
JURISDICTIONS OR COUNTRIES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES
AND CONDITIONS, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
TO THE EXTENT SUCH WARRANTIES AND CONDITIONS CANNOT BE DISCLAIMED UNDER
THE LAWS OF THE UNITED STATES, CANADA (AND ITS PROVINCES) OR OTHERWISE,
DELL LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES AND CONDITIONS TO
THE DURATION OF THIS EXPRESS LIMITED WARRANTY (AS REFLECTED ON YOUR
PACKING SLIP, INVOICE, RECEIPT OR OTHER SALES DOCUMENTATION) AND, AT DELL'S
OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES,
PROVINCES, JURISDICTIONS OR COUNTRIES MAY NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATION DESCRIBED
ABOVE MAY NOT APPLY TO YOU.
NO WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER
THE LIMITED WARRANTY PERIOD HAS EXPIRED. SOME STATES, PROVINCES,
JURISDICTIONS OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY OR CONDITION LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.
WARRANTY SUPPORT ONLY APPLIES WHEN THE COVERED PRODUCT IS LOCATED
WITHIN THE COUNTRY IN WHICH DELL ORIGINALLY SOLD THE SYSTEM, AS REFLECTED
IN DELL'S RECORDS. IF YOU NEED SUPPORT FOR THE PRODUCT OUTSIDE OF THE
COUNTRY OF ORIGIN (FOR EXAMPLE, WHILE TRAVELING, OR IF THE SYSTEM HAS BEEN
RELOCATED TO A NEW COUNTRY), THEN DELL MAY OFFER YOU OTHER SUPPORT
OPTIONS FOR AN ADDITIONAL CHARGE.
ADDITIONAL TERMS FOR U.S. CONSUMERS. IF YOU CANCEL ANY RENEWED, EXTENDED
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OR ENHANCED WARRANTY WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS WARRANTY,
YOU WILL RECEIVE A FULL REFUND IF NO CLAIMS HAVE BEEN MADE AGAINST THE
WARRANTY. IF ANY CLAIM HAS BEEN MADE AGAINST THE WARRANTY, THEN YOU WILL
RECEIVE A PRO-RATA REFUND BASED ON THE RETAIL VALUE OF ANY SERVICE
PERFORMED. IF YOU CANCEL THIS WARRANTY AFTER THIRTY (30) DAYS OF YOUR
RECEIPT OF THIS WARRANTY, YOU ARE ENTITLED TO A PRO-RATA REFUND AS
FOLLOWS: REFUND = THE TOTAL PRICE MINUS THE FOLLOWING: (A) THE VALUE
ATTRIBUTABLE TO THE PORTION OF THE RENEWED, EXTENDED OR ENHANCED
WARRANTY ALREADY USED (CALCULATED BASED ON THE PERCENTAGE OF DAYS OF
THE RENEWED, EXTENDED, OR ENHANCED TERM THAT ALREADY HAVE BEEN USED
PRIOR TO OUR RECEIVING NOTICE OF YOUR CANCELLATION); (B) 0.1 MULTIPLIED BY THE
TOTAL PRICE; AND (C) THE COST OF ANY REPAIR OR REPLACEMENT PROVIDED TO YOU
BEFORE CANCELLATION.
FOR ALL CUSTOMERS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR
IN THIS LIMITED HARDWARE WARRANTY, AND WE DO NOT ACCEPT LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, FOR THIRD-PARTY CLAIMS AGAINST YOU FOR
DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST OR DAMAGED
DATA OR SOFTWARE. DELL DOES NOT WARRANT THAT THE OPERATION OF ANY DELL
PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. OUR LIABILITY WILL BE NO MORE THAN
THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT THAT IS THE SUBJECT OF A CLAIM. THIS
IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE.
SOME STATES, PROVINCES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
How long does this limited hardware warranty last?
This limited hardware warranty lasts for the time period indicated on your packing slip, invoice or receipt
except for the following Dell-branded hardware:
All variants of ioDrive® NAND Flash devices carry the length of the limited hardware warranty
coverage for the Dell system with which the ioDrive NAND Flash device is shipped. ioDrive
NAND Flash devices are not eligible for purchase of extended warranty coverage beyond a total
of 5 years of coverage from the original shipment date. Additionally, ioDrive NAND Flash
devices use a silicon technology that has a maximum number of physical bytes that can be
written to the device (the Rated Life). The applicable limited hardware warranty covers failures
due to defects in workmanship and/or materials, but does not cover problems related to the
device reaching its maximum Rated Life. ioDrive is a registered trademark of Fusion-io.
As part of standard portable configuration, batteries carry a base 1-year limited hardware warranty
regardless of the length of the system warranty. In addition, for some products, a customer has
the option of purchasing a battery that comes with a 3-year limited hardware warranty.
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The warranty for a print head that is included as original equipment in the Dell mobile printer is for
parts only and is effective for a period of 1-year after the date of purchase of the printer or 1000
prints of printer usage, whichever occurs first.
Your series 5, 6 or 7 PowerEdge™ RAID Controller (PERC) battery may provide up to 72 hours of
controller cache memory backup power when new. Under the 1-year limited hardware warranty,
we warrant that the battery will provide at least 24 hours of backup coverage during the 1-year
limited hardware warranty period. Service offerings, such as Dell ProSupport™, Dell ProSupport
Plus and Dell ProSupport Flex services, may be available to provide longer service periods for
an additional fee.
Your Series 8/9 PERC controller battery comes with a 3-year limited hardware warranty, which
cannot be extended beyond 3 years. Service offerings, such as Dell ProSupport™, Dell
ProSupport Plus and Dell ProSupport Flex services, may be available to provide longer service
periods for an additional fee.
Projector lamps carry a 1 year limited hardware warranty.
Dell-certified and Dell-branded memory purchased separately from a Dell system (Dell-certified
memory) carries a lifetime limited hardware warranty.
The limited hardware warranty for monitors purchased independent of a system lasts for the time
period indicated on your packing slip, invoice, receipt or other sales documentation. Monitors
purchased with a system are covered by the system limited hardware warranty.
The limited hardware warranty for a Dell external hard disk drive purchased simultaneously with a
laptop, desktop, tablet or thin client PC lasts for the longer of (a) 2 years; or (b) the duration of
the system’s limited hardware warranty.
Earphones and remote in-line controls carry a 1-year limited hardware warranty.
Other add-on hardware carries longer hardware warranty of either a 1-year limited hardware
warranty for new parts and a 90-day limited hardware warranty for reconditioned parts or, for
both new and reconditioned parts, the remainder of the warranty for the Dell product on which
such parts are installed.
Serial ATA (SATA) hard drives in PowerEdge and PowerVault™ systems carry a 1-year limited
hardware warranty, independent of system warranty. Service offerings, such as Dell
ProSupport™, Dell ProSupport Plus and Dell ProSupport Flex services may be available to
provide longer service periods for the SATA hard drive for an additional fee.
Select PowerConnect™ products: the PowerConnect 2800 series, the PowerConnect 3500
series, the PowerConnect 5500 series, the PowerConnect 6200 series, the PowerConnect 7000
series, the PowerConnect 8000 series and the PowerConnect 8100 series and select Dell
Networking products: Dell Networking X1000 and X4000 series; the N1000, N2000,
N3000 and N4000 series and the S3100 series are covered by the lifetime limited hardware
warranty. These products carry a lifetime limited hardware warranty with Basic Hardware
Service (repair or replacement) for as long as you own the product. Repair or replacement
support for any Dell Networking product with limited lifetime warranty does not include
configuration or configuration assistance, or other advanced service and support provided by
Dell ProSupport Services. The warranty does not apply to products purchased before first
announcement in Spring 2011. Dates vary by region. Contact customer service to verify if your
product qualifies. See dell.com/LifetimeWarranty for more details.
Select PowerConnect products carry an Extended Life Limited Hardware Warranty with Basic
Hardware Service, which extends until 5 years after end of product model sales, subject to the
specific clarifications and limitations listed below. The Extended Life Limited Hardware Warranty
does not include configuration or other advanced service provided by Dell ProSupport™. The
Extended Life Limited Hardware Warranty is not transferrable.
Clarifications and limitations pertaining to products with Extended Life Limited Hardware
Warranty
• B-Series FCX/FCXs — Internal power supply and fans are covered; however, warranty
excludes removable optics and LEDs.
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• J-Series EX4200 — Warranty does not include optics and limits fan and power supply to 5
years from date of purchase.
• W-Series Access Points: W-AP92/93/93H, W-IAP92/93, W-AP104/105, W-IAP105, W-
AP124/125, W-AP134/135, W-IAP134/135 — Warranty limits any power supply, antennae or
accessories to 1 year from date of purchase.
Enterprise SATA value/mix use solid-state drives (SSDs), enterprise SATA read intensive SSDs
and slim SATA SSDs are not eligible for purchase of extended warranty coverage beyond 3
years, unless purchased with a separate service offering, such as Dell ProSupport™, Dell
ProSupport Plus or Dell ProSupport Flex services, which may be available to provide longer
service periods for an additional fee.
Dell power distribution units (PDUs) and keyboard/monitor/mouse consoles (KMMs) purchased
independent of a system carry a 1-year limited hardware warranty. Dell PDUs and KMMs
purchased with a system are covered by the greater of 3 years or the term of the system limited
hardware warranty.
All variants of PowerEdge Express Flash PCI Express (PCIe) SSD devices carry the length of the
limited hardware warranty coverage for the Dell system with which the PowerEdge Express
Flash PCIe SSD device is shipped. PowerEdge Express Flash PCIe SSD devices are not
eligible for purchase of extended warranty coverage beyond a total of 5 years of coverage from
the original shipment date unless purchased with a separate service offering, such as Dell
ProSupport™, Dell ProSupport Plus or Dell ProSupport Flex services. Additionally, PowerEdge
Express Flash PCIe SSD devices use a silicon technology that has a maximum number of
physical bytes that can be written to the device (the Device Life). The applicable limited
hardware warranty covers failures due to defects in workmanship and/or materials, but does not
cover problems related to the device reaching its maximum Device Life.
Except for SAS solid-state drives (SSDs) used in PS Series and SC Series products, enterprise
SATA, SAS and NVMe SSDs are not eligible for purchase of extended warranty coverage
beyond 3 years from the original shipment date, unless purchased with a separate service
offering, such as Dell ProSupport™, Dell ProSupport Plus or Dell ProSupport Flex services,
which may be available to provide longer service periods for an additional fee. All such devices
have a maximum number of physical bytes that can be written to the device (the Device Life).
The applicable limited hardware warranty covers failures due to defects in workmanship and/or
materials, but does not cover problems related to the device reaching its maximum Device Life.
The limited hardware warranty on all Dell-branded products purchased directly from Dell begins on the
date of the packing slip, invoice, receipt or other sales documentation. For products purchased from third-
party retailers or resellers, the limited hardware warranty begins on the date of your original sales receipt.
The warranty period is not extended if we repair or replace a warranted product or any parts. Dell may
change the availability of limited hardware warranties, at its discretion, but any changes will not be
retroactive.
Important Notice Relating to Third Party Product
Dell cannot guarantee the authenticity of the products, limited warranties, service or support, or the
accuracy of the listings of products you purchase from a third party. In some cases, such as with battery
packs and power adapters, use of third party product may pose an increased risk of reliability or safety
issues, including increased risk of fire or explosion. This limited hardware warranty does not cover issues
caused by installation or use in a Dell system of any third party product that was not provided by Dell. For
Commercial customers, this limited hardware warranty may be voided by Dell, at Dell's sole discretion, if
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you install or use in a Dell system any third party product that was not provided by Dell.
What do I do if I need warranty service?
Before contacting Dell, please try one or more of the following:
1. Ensure that you have installed any updates or resolved any issues identified by the monitoring,
diagnostic, and proactive support tools such as Dell SupportAssist that are installed on your
product. Dell SupportAssist may also be available for download onto your product if it is not
already installed. Visit dell.com/supportassist for download files and resources;
2. Access dell.com/support for troubleshooting advice and directions on running hardware
diagnostics; and
3. Consult your Owner's Manual.
If you need additional assistance, then, before the warranty expires, please use one of the following
support options to contact Dell or our authorized representatives:
1. Online: Online, chat and other forms of remote support may be available. Contact information is
available at dell.com/support
2. Telephone support requests: Contact information is included in the table below. Long distance
telephone carrier charges may apply.
Please also have your Dell Service Tag or order number available when you contact Dell.
If you purchased through a retailer (not directly from Dell), you may be required to provide Dell with your
original sales receipt from your purchase to receive any warranty service from Dell.
If you purchased through Best Buy, you must have all original sales receipts from your purchase to
receive any warranty service at a Best Buy store. For Canada, if you purchased through Future Shop, you
must have all original sales receipts from your purchase to receive any warranty service at a Future Shop
store.
Contact Web
Web
Support
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Contact Phone (U.S. Only) Service Desk
(U.S. Only)
Individual Home
Consumers: U.S. Only
Hardware Warranty
Support
1-800-624-9896
Customer Service 1-800-624-9897
Best Buy Customers Carry your Dell notebook, Dell desktop or Dell monitor
purchased with a Dell desktop into any Best Buy store.
Visit bestbuy.com to locate the nearest Best Buy store.
Wireless Service
Provider
1-800-308-3355
Your wireless service provider may also be able to provide
hardware warranty service on your Dell smartphone or
tablet.
Individual Home Consumers who purchased through an Employee Purchase Program:
Hardware Warranty
Support and
Customer Service
1-800-822-8965
Home and Home Office Customers:
Hardware Warranty
Support and
Customer Service
1-800-456-3355
Small, Medium, Large or Global Commercial Customers, Healthcare Customers and Value-Added
Resellers (VARs):
Support and
Customer Service
1-800-822-8965
Government and Education Customers:
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Support and
Customer Service
1-800-234-1490
Dell-Certified Memory 1-800-BUY-DELL
Alienware™
Hardware Warranty
Support and
Customer Service
1-800-ALIENWARE
Contact Phone (Canada Only)
Individual Home Consumers,
Home-Office:
1-800-847-4096
All Business, Government,
Education Customers and
Value-Added Resellers
(VARs):
1-800-387-5757
Best Buy Customers Carry your Dell notebook, Dell desktop or Dell monitor purchased with a
Dell desktop into any Best Buy store. Visit bestbuy.ca to locate the
nearest Best Buy store.
Future Shop Customers Carry your Dell notebook, Dell desktop or Dell monitor purchased with a
Dell desktop into any Future Shop store. Visit futureshop.ca to locate
the nearest Future Shop store.
What will Dell do?
Upon contacting Dell, you will be required to engage in a remote diagnosis session to help determine the
cause of your issue. Remote diagnosis may involve customer access to the inside of the product and
multiple or extended sessions. If Dell determines that your issue is the result of a defect in materials or
workmanship but the issue is not able to be resolved remotely, Dell, at its sole discretion, may dispatch a
replacement part to you, arrange for you to send your product or defective part back to Dell's repair depot
or replace the part or product with a comparable part or product that may be new or refurbished. If the Dell
Limited Hardware Warranty for your product includes onsite/in-home warranty service, then Dell may also
elect to dispatch a service technician to your location to perform the repair or replacement (see Important
Information about Onsite/In-Home Warranty Service After Remote Diagnosis below).
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If your limited hardware warranty has expired or if we determine that the problem is not covered under this
limited hardware warranty, we may be able to offer you service alternatives on a fee basis.
We use new and refurbished parts made by various manufacturers in performing warranty repairs and in
building replacement parts and products. Refurbished parts and products are parts or products that have
been returned to Dell, some of which were never used by a customer. All parts and products are inspected
and tested for quality. Replacement parts and products are covered for the remaining period of the limited
hardware warranty for the product you purchased. Dell owns all parts removed from repaired products
and, in most instances, you will be required to return defective parts to Dell.
Dell may use authorized representatives to provide any of the technical support or repair services under
this limited hardware warranty.
Important information about returning products to Dell for repair or replacement:
For Mail-in Service: Customer supplies box, pays shipping: Upon a determination by Dell that your product
should be returned to Dell for repair or replacement, we will issue a Return Material Authorization (RMA)
number that you must include with your return. You must return the product to us in its original or
equivalent packaging, prepay shipping charges and insure the shipment or accept the risk if the product is
lost or damaged in shipment, which could void warranty coverage as customer-induced damage. We will
return the repaired or replacement product to you. We will pay to ship the repaired or replaced product to
you if you use an address in the United States (excluding Puerto Rico and U.S. possessions and
territories) or in Canada (in respect of systems registered in Canada). Otherwise, we will ship the product
to you freight collect.
For Mail-in Service: Customer supplies box, Dell pays shipping: Upon a determination by Dell that your
product should be returned to Dell for repair or replacement, shipping instructions will be provided to you.
You must package the product in its original or equivalent packaging and call the carrier designated on
your shipping instructions to arrange a pickup time or, at your convenience, you may take the adequately
packaged product to a designated carrier pick up location. As long as you follow our shipping instructions,
we will pay standard shipping charges for shipping the product in for repair and for shipping it back to you
if you use an address in the United States (excluding Puerto Rico and U.S. possessions and territories) or
in Canada (in respect of systems registered in Canada). Otherwise, we will ship the product to you freight
collect.
For Mail in Service: Dell supplies box and pays shipping: Upon a determination by Dell that your product
should be returned to Dell for repair or replacement, packaging, shipping instructions and a prepaid
shipping waybill will be sent to you. Upon receipt of the shipping supplies, you must package the product
in the material required and call the carrier designated on your shipping instructions to arrange a pickup
time. As long as you follow our shipping instructions, we will pay standard shipping charges for shipping
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the product in for repair and for shipping it back to you if you use an address in the United States
(excluding Puerto Rico and U.S. possessions and territories) or in Canada (in respect of systems
registered in Canada). Otherwise, we will ship the product to you freight collect.
When you contact us regarding certain products, we may offer to ship you a replacement product prior to
receiving your original product back. In such instance, we may require a valid credit card number at the
time you request a replacement product. We will not charge or invoice you for the replacement product as
long as you return the original product to us within 10 days of your receipt of the replacement product and
we confirm that your product issue is covered under this limited hardware warranty. If we do not receive
your original product within 10 days, we will charge your credit card or invoice you for the then-current
standard price for the product. If upon receipt of your original product, we determine that your product
issue is not covered under this limited hardware warranty, you will be given the opportunity to return the
replacement unit, at your sole expense, within 10 days from the date we contact you regarding the lack of
coverage for your issue or we will charge to your credit card or invoice you the then-current standard price
for the product. In addition, if you fail to pay Dell the amounts, Dell may suspend your limited hardware
warranty support until the applicable amount is paid. A suspension of your limited hardware warranty for
failure to properly return a product or to pay an amount charged for such failure to return a product will not
toll the term of your limited hardware warranty and the limited hardware warranty will still expire in
accordance with its original term.
NOTE: Before you ship the product(s) to us, make sure to back up the data on the hard drive(s) and any other
storage device(s) in the product(s). You are responsible for removing any confidential, proprietary or personal
information and removable media such as storage cards or devices, DVDs/CDs or PC Cards regardless of
whether a technician is also providing in-home or onsite assistance. We are not responsible for any of your
confidential, proprietary or personal information; lost or corrupted data; data or voice charges incurred as a
result of failing to remove all SIM cards; or damaged or lost removable media. Please, only include the
product components requested by Dell.
Important information about part dispatches by Dell:
For some issues, Dell may dispatch a new or refurbished part for you to replace a defective part, if we
agree that the defective part needs to be replaced. You must return the defective part to Dell. When you
contact us, we may offer to ship you a replacement part prior to receiving your original part back. In such
instances, we may require a valid credit card number at the time you request a replacement part. We will
not charge or invoice you for the replacement part as long as you return the original part to us within 10
days of your receipt of the replacement part. Failure to timely return the defective part to Dell in
accordance with the written instructions provided with the replacement part may result in the suspension
of your limited hardware warranty support or a charge to your credit card or invoice in the amount of the
then-current standard Dell price for that part. A suspension of your limited hardware warranty for failure to
properly return a part will not toll the term of your limited hardware warranty and the limited hardware
warranty will still expire in accordance with its original term.
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We will pay to ship the part to you if you use an address in the United States (excluding Puerto Rico and
U.S. possessions and territories) or in Canada (in respect of systems registered in Canada). Otherwise,
we will ship the part freight collect. We will also include a prepaid shipping container with each
replacement part for your use in returning the replaced part to us.
NOTE: Before you replace parts, make sure to back up the data on the hard drive(s) and any other storage
device(s) in the product(s). You are responsible for removing any confidential, proprietary or personal
information and removable media such as storage cards or devices, DVDs/CDs or PC Cards regardless of
whether a technician is also providing in-home or onsite assistance. We are not responsible for any of your
confidential, proprietary or personal information; lost or corrupted data; data or voice charges incurred as a
result of failing to remove all SIM cards; or damaged or lost removable media. When returning parts to Dell,
please only include the product components requested by Dell.
Important information about Onsite/In-Home Warranty Service After Remote Diagnosis:
If the Dell Limited Hardware Warranty for your product includes onsite/in-home warranty service, then if
Dell determines that your issue is covered under this limited hardware warranty and your problem cannot
be resolved remotely or, if applicable, by dispatching a part or replacement product to you, then Dell may
dispatch a service technician to your location within the United States (including Puerto Rico, but
excluding the other U.S. possessions and territories) or in Canada (in respect of systems registered in
Canada). Please tell the technician the full address of your system's location. Both the performance of
service and service response times depend upon the time of day your request is received by Dell, the
service alternative you purchased, parts availability, geographical restrictions, weather conditions and the
terms of this limited hardware warranty. An adult must be present at all times during the service
technician's visit. You must grant the service technician full access to the system and (at no cost to Dell)
have working space, electricity and a local telephone line. If these requirements are lacking, Dell is not
obligated to provide service. In addition, Dell is not obligated to provide service if you fail to provide an
environment that is conducive to computer repair, including for example, if you insist on service to be
provided at varying locations, if you fail to properly restrain a pet, if you threaten our technician either
verbally or physically, or if your location or the general area where the system is located is dangerous,
infested with insects, rodents, pests, biohazards, human or animal excrement and/or chemicals as
reasonably determined to be unsafe by our technician. If you or your authorized representative is not at
the location when the service technician arrives, the service technician will not be able to service your
system and you may be charged an additional amount for a follow-up service call.
If Dell determines that your system needs a replacement part, you authorize the on-site technician to act
as your service agent to handle the delivery and return of the warranty parts necessary to render on-site
repairs. You may incur a charge if you fail to allow the on-site technician to return nonworking/unused
units/warranty parts to Dell.
What if I purchased a service contract?
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If your service contract is with Dell, service will be provided to you under the terms of the service
agreement. Please refer to that contract for details on how to obtain service.
If you purchased through us, a service contract with a third-party service provider, please refer to that
contract for details on how to obtain service.
See dell.com/servicecontracts for more details.
May I transfer the limited hardware warranty?
Limited hardware warranties on systems may be transferred if the current owner transfers ownership of
the system and records the transfer with us. The limited hardware warranty on Dell-certified memory may
not be transferred. For U.S. customers, you may record your transfer by going to Dell's website:
Customer Type: U.S. Ownership Transfer Website:
Home and Home
Office:
//support.dell.com/support/topics/global.aspx/support/change_order/tag_trans
fer?c=us&cs=19&l=en&s=dhs&~ck=mn
Small and Medium
Business:
//support.dell.com/support/topics/global.aspx/support/change_order/tag_trans
fer?c=us&cs=04&l=en&s=bsd&~ck=mn
Large Enterprise: //support.dell.com/support/topics/global.aspx/support/change_order/tag_trans
fer?c=us&cs=555&l=en&s=biz&~ck=mn
Federal Government: //support.dell.com/support/topics/global.aspx/support/change_order/tag_trans
fer?c=us&cs=RC1009777&l=en&s=fed&~ck=mn
State and Local
Government:
//support.dell.com/support/topics/global.aspx/support/change_order/tag_trans
fer?c=us&cs=RC978219&l=en&s=slg&~ck=mn
Higher Education: //support.dell.com/support/topics/global.aspx/support/change_order/tag_trans
fer?c=us&cs=RC956904&l=en&s=hied&~ck=mn
K-12 Education: //support.dell.com/support/topics/global.aspx/support/change_order/tag_trans
fer?c=us&cs=RC1084719&l=en&s=k12&~ck=mn
Healthcare: //support.dell.com/support/topics/global.aspx/support/change_order/tag_trans
fer?c=us&cs=RC968571&l=en&s=hea&~ck=mn
For Canadian customers, you may record your transfer by going to Dell's Canadian website:
//www.dell.com/support/retail/ca/en/cadhs1/ownershiptransfer/IdentifySystem?~ck=mn
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If you do not have internet access, call your customer care representative or call 1-800-624-9897.
All requests to transfer ownership are at Dell's sole discretion. All such transfers will be subject to the
terms and conditions of the original service or limited hardware warranty agreement and Dell's applicable
terms and conditions of sale located at dell.com/terms (for U.S. customers), dell.ca/terms (for Canadian
customers — English) or dell.ca/conditions (for Canadian customers — French). Dell cannot guarantee
the authenticity of the products, limited warranties, service or support, or the accuracy of the listings of
products you purchase from a third party.
Dell Printer Consumables Limited Warranties
The following sections describe the limited warranty for Dell-branded printer consumables (ink cartridges,
toner cartridges, photo print packs and photo paper) for the U.S., Canada and Latin America. Refer to the
appropriate limited warranty accordingly.
Consumables Limited Warranty (U.S. and Canada Only)
Dell ink
Dell warrants to the original purchaser of genuine Dell-branded ink cartridges that they will be free from
defects in material and workmanship for two years beginning on the date of invoice.
Toner
Dell warrants to the original purchaser of genuine Dell-branded toner cartridges that they will be free from
defects in material and workmanship for the life of the cartridge under normal use and storage conditions.
Lifetime toner warranty applies to the original toner only and does not apply to refilled or remanufactured
toner cartridges.
Dell paper
Dell warrants to the original purchaser of genuine Dell Premium Photo Paper and photo print packs that
they will be free from defects in material and workmanship for 90 days beginning on the date of invoice.
If any of these products prove defective in either material or workmanship, they will be replaced without
charge during the limited warranty period if returned to Dell. You must first call our toll-free number to get
your return authorization. In the U.S., call 1-800-822-8965; in Canada, call 1-800-387-5757. If we
are not able to replace the product because it has been discontinued or is not available, we will either
replace it with a comparable product or reimburse you for the cartridge purchase cost, at Dell's sole
option. This limited warranty does not apply to product damage resulting from misuse, abuse, accident,
cartridge refilling or remanufacturing by customer, neglect, mishandling or incorrect environments.
Limited Lifetime Warranty for Dell-branded tape media
Dell warrants to you, the end-user customer, that this product will be free from defects in material and
workmanship for the lifetime of the product, if it is properly used and maintained. If this product proves
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defective in either material or workmanship, Dell, at its option, will (a) repair the product, (b) replace the
product or (c) refund the purchase price of the product, provided that the product has been returned to
Dell with proof of purchase, such as a purchase order, invoice or sales receipt. You must first contact your
local Dell support representative for your authorization option. To contact your local support
representative, please visit dell.com, choose your country using the drop down menu located at the top of
the page and then click on services and support. This limited lifetime warranty does not apply to failure of
the product resulting from misuse, abuse, accident, neglect or mishandling, improperly adjusted or
maintained drives, incorrect environments or wear from ordinary use.
THIS LIMITED LIFETIME WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE, PROVINCE TO PROVINCE,
JURISDICTION TO JURISDICTION OR COUNTRY TO COUNTRY. DELL'S RESPONSIBILITY FOR
MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPLACEMENT AS SET FORTH IN
THIS LIMITED LIFETIME WARRANTY STATEMENT. EXCEPT FOR THE EXPRESS WARRANTIES
CONTAINED IN THIS WARRANTY STATEMENT, DELL DISCLAIMS ALL OTHER WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, FOR THE PRODUCT,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
PERFORMANCE, SUITABILITY OR NON-INFRINGEMENT. ANY IMPLIED WARRANTIES AND
CONDITIONS THAT MAY BE IMPOSED BY AND THAT ARE NOT PERMITTED TO BE DISCLAIMED
BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. SOME STATES,
PROVINCES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTAIN
IMPLIED WARRANTIES OR CONDITIONS, OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY OR CONDITION LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED
LIFETIME WARRANTY COVERAGE TERMINATES IF YOU SELL OR OTHERWISE TRANSFER THIS
PRODUCT TO ANOTHER PARTY.
DELL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED
LIFETIME WARRANTY AND WE DO NOT ACCEPT LIABILITY FOR SPECIAL, INDIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, FOR THIRD-PARTY CLAIMS AGAINST YOU FOR
DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST DATA OR LOST
SOFTWARE. DELL'S LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE
PRODUCT THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH DELL
IS RESPONSIBLE.
SOME STATES, PROVINCES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
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ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.Appendix F - Dell
Return Policy
U.S. Return Policy
Direct (applies only to purchases directly from Dell)
Dell values its relationship with you and offers you the option to return most products you purchase directly
from Dell. For all purchases not made directly from Dell, please check the return policy of the location from
which you purchased your product. Note: If your purchase qualifies for a promotion offered by Dell that
extends the return period for a specific product, the return rights and obligations included with the promotion
will apply to your purchase.
30-Day Return Period for Certain Products and Accessories: Unless you have a separate agreement with
Dell, or except as provided below, all hardware, accessories, peripherals and parts may be returned if
requested and approved by Dell within 30 calendar days from the date on the packing slip or invoice for a
refund or credit of the purchase price paid. Note that your refund or credit may be reduced by the amount
of shipping and handling fees and any applicable restocking fees (as further described below). Any product
returned to Dell without prior authorization from Dell will be considered an unauthorized return, and you will
not receive a refund or credit for the product and Dell will not ship the product back to you. For instructions
about requesting a return, see “How to Return a Product” below. All approved returns must be received by
Dell within 30 calendar days of the return approval date otherwise the amount of refund or credit may be
reduced or eliminated if the product(s) are returned late.
Exceptions to Dell's 30-Day Return Period:
Software may not be returned at any time, unless the software being returned is:
1. Application software or operating systems installed by Dell on a returnable system which is
being returned within the applicable return period; or
2. Media-based software that is unopened and still in its sealed package or, if delivered
electronically, software that you have not accepted by clicking to agree to applicable terms.
Additional products not eligible for return at any time:
1. Dell EMC-branded products
2. Dell Wyse™ and Wyse-branded products
3. Non-Dell-branded enterprise hardware and software products
4. Customized products
Unless you have specifically agreed otherwise in your written agreement with Dell, there is no
right of return for software purchased under any type of volume license arrangement.
Dell reserves the right to deny any returns in circumstances involving repeated returns, violation of
the Dell Terms of Sale or other impermissible activity.
Restocking Fees: Unless the product is defective or the return is a direct result of a Dell error, Dell may
charge a restocking fee of 15% of the purchase price paid less shipping and handling, plus any applicable
sales tax, which would be applied through a total reduced refund or credit.
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Promotional Items: If you return a purchased item that qualified you for a discount, promotional item or
promotional card (for example, buy a service, get a computer half off; buy a computer, get a free printer;
buy a TV, get a promotional gift card) and either (i) do not also return the discounted or promotional item
or (ii) have already redeemed the promotional card, Dell may deduct the value of the discount,
promotional item or redeemed card from any refund or credit you receive for the return of the purchased
item.
How to Return a Product: Before returning a product, you MUST first contact Dell customer service and
obtain a Credit Return Authorization (CRA) number before the end of the applicable return period. Dell will
not accept returns without a CRA number. To find the appropriate phone number or to send an email to
customer service to request a CRA number, go to www.dell.com/contactus or see the “Contacting Dell” or
"Getting Help" section of your customer documentation. To initiate a return online, please click here.
NOTE: You MUST follow these steps when returning a product:
Ship the product to Dell. Please note that all approved returns must be received by Dell within 30
days of the date that Dell issues the return authorization and instructions.
Ship back all products you are seeking to return to Dell and for which you received a CRA
number. For partial returns, your refund or credit may be less than the invoice or individual
component price due to bundled or promotional pricing or any unadvertised discounts or
concessions.
Return the products in their original packaging, in as-new condition, along with any media,
documentation and any other items that were included in your original shipment.
For customers returning a TV, the TV must be returned in the original packaging it was received in
(including box and protective cushioning). If you do not have the original packaging, you must
provide separate packaging.
For commercial customers, you must ship the products at your expense, and make sure the
shipment is insured, or accept the risk of loss or damage during shipment.
Upon receipt of your return, Dell will issue a credit or refund of the purchase price paid, which may be
reduced by the amount of shipping and handling fees and any applicable restocking fees subject to this
policy.
Note: Before you return the product to Dell, make sure to back up any data on the hard drive(s) and on any other
storage device in the product. Remove all confidential, proprietary and personal information as well as removable
media such as flash drives, CDs and PC Cards. Dell is not responsible for any confidential, proprietary or personal
information; lost or corrupted data; or damaged or lost removable media that may be included with your return.
Systems configured with an Intel® 8th Gen or later CPU are designed to run optimally with the Microsoft Windows
10 operating system. Removing the factory-installed operating system to run a non-Windows 10 operating system
(such as Windows 7 or Windows 8) may make the product ineligible for return to Dell for a refund or cause system
instability and performance issues that may not be covered by your warranty, support, or service agreements.
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Appendix G - Vendor Certifications
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Appendix H - Dell Financial Services
Response to Specific RFP Provisions
Many of the terms and conditions presented in the RFP are applicable to straight procurement/purchase
transactions and not to leasing and financing and other flexible payment solutions, which are made available
directly through DFS or PFS in accordance with one or more of the separately negotiated DFS or PFS lease
or finance agreements (“Lease(s)”). Since the current RFP does not contain any Lease terms and
conditions, any eligible Public Agency under this RFP authorized to execute such Leases under applicable
law must execute a separate Lease directly with DFS or PFS for the hardware, software, and/or services
being procured under this RFP. Each Lease will separately establish a long-term (beyond net 30 days)
financial relationship between DFS or PFS and each Public Agency procuring under the NCPA contract).
Any Lease solutions will be subject to the terms and conditions of the corresponding DFS or PFS Lease.
Each eligible Public Agency will be required to separately negotiate the terms and conditions of its Lease
with DFS or PFS directly. To the extent of any conflict or inconsistency between the terms of the DFS or
PFS Lease and the terms of this RFP, the terms and conditions of the DFS or PFS Lease will prevail.
In addition, Dell may offer consumption-based models under its Dell APEX Flex on Demand Program
(“FOD”) as an alternative flexible payment solution under a separate Master Flexible Consumption
Agreement (“MFCA”). Any FOD solution will be subject to the terms and conditions of the MFCA only, an
example of which is attached hereto in Appendix H. Eligible customer shall negotiate the terms and
conditions of such FOD solution directly with vendor or its designated affiliate or its authorized
distributor/partner/reseller, including, but not limited to, the MFCA, any flexible consumption schedule
(“Schedule”), and any other documentation that may be required for such transaction. The parties recognize
that the MFCA and any Schedule executed by the parties hereunder are separate and independent
agreements between the eligible customer and Dell or its designated affiliate or its authorized
distributor/partner/reseller, with the terms thereof constituting the entire agreement for such transaction. To
the extent of any conflict or inconsistency between the terms of the MFCA and the terms of the RFP, and
conditions of the MFCA will prevail for such offerings. Samples of the MFCA, Schedules, and any other
related documentation that may be applicable are attached in Appendix H.
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Proprietary to Dell Financial Services, LLC
Dell Financial Services Public Master Lease Agreement
DATE
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Reference: Page 1 of 5
Master Lease Agreement – Public NOV2018
EFFECTIVE DATE:
MASTER LEASE AGREEMENT NO.
LESSOR: DELL FINANCIAL SERVICES L.L.C.
Mailing Address:
One Dell Way
Round Rock, TX 78682
LESSEE:
Principal Address:
Fax:
Attention:
This Master Lease Agreement ("Agreement"), effective as of the Effective
Date set forth above, is between the Lessor and Lessee named above.
Capitalized terms have the meaning set forth in this Agreement.
1. LEASE.
Lessor hereby leases to Lessee and Lessee hereby leases the equipment
(“Products”), Software (defined below), and services or fees, where
applicable, as described in any lease schedule ("Schedule"). Each
Schedule shall incorporate by reference the terms and conditions of this
Agreement and contain such other terms as are agreed to by Lessee and
Lessor. Each Schedule shall constitute a separate lease of Products
("Lease"). In the event of any conflict between the terms of a Schedule
and the terms of this Agreement, the terms of the Schedule shall prevail.
Lessor reserves all rights to the Products not specifically granted to Lessee
in this Agreement or in a Schedule. Execution of this Agreement does not
create an obligation of either party to lease to or from the other.
2. ACCEPTANCE DATE; SCHEDULE.
(a) Subject to any right of return provided by the Product seller (“Seller”),
named on the Schedule, Products are deemed to have been irrevocably
accepted by Lessee upon delivery to Lessee's ship to location
(“Acceptance Date”). Lessee shall be solely responsible for unpacking,
inspecting and installing the Products.
(b) Lessor shall deliver to Lessee a Schedule for Products. Lessee
agrees to sign or otherwise authenticate (as defined under the Uniform
Commercial Code, “UCC”) and return each Schedule by the later of the
Acceptance Date or five (5) days after Lessee receives a Schedule from
Lessor. If the Schedule is not signed or otherwise authenticated by Lessee
within the time provided in the prior sentence, then upon written notice from
Lessor and Lessee’s failure to cure within five (5) days of such notice,
Lessor may require the Lessee to purchase the Products by paying the
Product Cost charged by the Seller, plus any shipping charges, Taxes or
Duties (defined below) and interest at the Overdue Rate accruing from the
date the Products are shipped through the date of payment. If Lessee
returns any leased Products in accordance with the Seller’s return policy,
it will notify Lessor. When Lessor receives a credit from the Seller for the
returned Product, the Schedule will be deemed amended to reflect the
return of the Product and Lessor will adjust its billing records and Lessee’s
invoice for the applicable Lease. In addition, Lessee and Lessor agree
that a signed Schedule may be amended by written notice from Lessor to
Lessee provided such notice is (i) to correct the serial (or service tag)
number of Products or (ii) to adjust the related Rent (defined below) on the
Schedule (any increase up to 15% or any decrease) caused by any change
made by Lessee in Lessee’s order with the Seller.
3. TERM.
The initial term (the “Primary Term”) for each Lease shall begin on the date
set forth on the Schedule as the Commencement Date (the
“Commencement Date”). The period beginning on the Acceptance Date
and ending on the last day of the Primary Term, together with any renewals
or extensions thereof, is defined as the "Lease Term". The Lease is non-
cancelable by Lessee, except as expressly provided in Section 5.
4. RENT; TAXES; PAYMENT OBLIGATION.
(a) The rental payment amount ("Rent") and the payment period for each
installment of Rent (“Payment Period”) shall be stated in the Schedule. A
prorated portion of Rent calculated based on a 30-day month, 90-day
quarter or 360-day year (as appropriate) for the period from the
Acceptance Date to the Commencement Date shall be added to the first
payment of Rent. All Rent and other amounts due and payable under this
Agreement or any Schedule shall be paid to Lessor in lawful funds of the
United States of America at the payment address for Lessor set forth
above or at such other address as Lessor may designate in writing from
time to time. Whenever Rent and other amounts payable under a Lease
are not paid when due, Lessee shall pay interest on such amounts at a
rate equal to the lesser of 1% per month or the highest such rate permitted
by applicable law (“Overdue Rate”). Rent shall be due and payable
whether or not Lessee has received an invoice showing such Rent is due.
Late charges and reasonable attorney’s fees necessary to recover Rent
and other amounts owed hereunder are considered an integral part of this
Agreement. The rate factors used for the calculation of the payment are
based in part on similar or like term swap or T-bill rates as published by
the US Federal Reserve Board. In the event the applicable rates change
between Lessor initially providing the rate factors and the commencement
of a Schedule, Lessor reserves the right to change the applicable rate
factor commensurate with the change in the applicable rates.
(b) EACH LEASE SHALL BE A NET LEASE. In addition to Rent, Lessee
shall pay sales, use, excise, purchase, property, added value or other
taxes, fees, levies or assessments lawfully assessed or levied against
Lessor or with respect to the Products and the Lease (collectively “Taxes”),
and customs, duties or surcharges on imports or exports (collectively,
“Duties”), plus all expenses incurred in connection with Lessor’s purchase
and Lessee’s use of the Products, including but not limited to shipment,
delivery, installation, and insurance. Unless Lessee provides Lessor with
a tax exemption certificate acceptable to the relevant taxing authority prior
to Lessor’s payment of such Taxes, Lessee shall pay to Lessor all Taxes
and Duties upon demand by Lessor. Lessor may, at its option, invoice
Lessee for estimated personal property tax with the Rent Payment.
Lessee shall pay all utility and other charges incurred in the use and
maintenance of the Products.
(c) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 5, LESSEE'S
OBLIGATION TO PAY ALL RENT AND OTHER AMOUNTS WHEN DUE
AND TO OTHERWISE PERFORM AS REQUIRED UNDER THIS
AGREEMENT AND EACH SCHEDULE SHALL BE ABSOLUTE AND
UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY
ABATEMENT, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM,
INTERRUPTION, DEFERMENT OR RECOUPMENT FOR ANY REASON
WHATSOEVER WHETHER ARISING OUT OF ANY CLAIMS BY LESSEE
AGAINST LESSOR, LESSOR'S ASSIGNS, THE SELLER, OR THE
SUPPLIER OR MANUFACTURER OF THE PRODUCTS, TOTAL OR
PARTIAL LOSS OF THE PRODUCTS OR THEIR USE OR
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POSSESSION, OR OTHERWISE. If any Product is unsatisfactory for any
reason, Lessee shall make its claim solely against the Seller of such
Product (or the Licensor in the case of Software, as defined below) and
shall nevertheless pay Lessor or its assignee all amounts due and payable
under the Lease.
5. APPROPRIATION OF FUNDS.
(a) Lessee intends to continue each Schedule for the Primary Term and
to pay the Rent and other amounts due thereunder. Lessee reasonably
believes that legally available funds in an amount sufficient to pay all Rent
during the Primary Term can be obtained and agrees to do all things
lawfully within its power to obtain and maintain funds from which the Rent
and other amounts due may be paid.
(b) Lessee may terminate a Schedule in whole, but not in part by giving
at least sixty (60) days’ notice prior to the end of the then current Fiscal
Period (as defined in the Lessee’s Secretary/Clerk’s Certificate provided
to Lessor) certifying that: (1) sufficient funds were not appropriated and
budgeted by Lessee’s governing body or will not otherwise be available to
continue the Lease beyond the current Fiscal Period; and (2) that the
Lessee has exhausted all funds legally available for payment of the Rent
beyond the current Fiscal Period. Upon termination of the Schedule,
Lessee’s obligations under the Schedule (except those that expressly
survive the end of the Lease Term) and any interest in the Products shall
cease and Lessee shall surrender the Products in accordance with Section
8. Notwithstanding the foregoing, Lessee agrees that, without creating a
pledge, lien or encumbrance upon funds available to Lessee in other than
its current Fiscal Period, it will use its best efforts to take all action
necessary to avoid termination of a Schedule, including making budget
requests for each Fiscal Period during each applicable Lease Term for
adequate funds to meet its Lease obligations and to continue the Schedule
in force..
(c) Lessor and Lessee intend that the obligation of Lessee to pay Rent
and other amounts due under a Lease constitutes a current expense of
Lessee and is not to be construed to be a debt in contravention of any
applicable constitutional or statutory limitation on the creation of
indebtedness or as a pledge of funds beyond Lessee’s current Fiscal
Period.
6. LICENSED MATERIALS.
Software means any operating system software or computer programs
included with the Products (collectively, “Software”). “Licensed Materials”
are any manuals and documents, end user license agreements, evidence
of licenses, including, without limitation, any certificate of authenticity and
other media provided in connection with such Software, all as delivered
with or affixed as a label to the Products. Lessee agrees that this
Agreement and any Lease (including the sale of any Product pursuant to
any purchase option) does not grant any title or interest in Software or
Licensed Materials. Any use of the terms "sell," "purchase," "license,"
"lease," and the like in this Agreement or any Schedule with respect to
Software shall be interpreted in accordance with this Section 6.
7. USE; LOCATION; INSPECTION.
Lessee shall: (a) comply with all terms and conditions of any Licensed
Materials; and (b) possess and operate the Products only (i) in
accordance with the Seller's supply contract and any service provider's
maintenance and operating manuals, the documentation and applicable
laws; and (ii) for the business purposes of Lessee. Lessee agrees not to
move Products from the location specified in the Schedule without
providing Lessor with at least 30 days prior written notice, and then only
to a location within the continental United States and at Lessee's
expense. Without notice to Lessor, Lessee may temporarily use laptop
computers at other locations, including outside the United States,
provided Lessee complies with the United States Export Control
Administration Act of 1979 and the Export Administration Act of 1985, as
those Acts are amended from time to time (or any successor or similar
legislation). Provided Lessor complies with Lessee's reasonable security
requirements, Lessee shall allow Lessor to inspect the premises where
the Products are located from time to time during reasonable hours after
reasonable notice in order to confirm Lessee's compliance with its
obligations under this Agreement.
8. RETURN.
At the expiration or earlier termination of the Lease Term of any Schedule,
and except for Products purchased pursuant to any purchase option under
the Lease, Lessee will (a) remove all proprietary data from the Products
and (b) return them to Lessor at a place within the contiguous United
States designated by Lessor. Upon return of the Products, Lessee`s right
to the operating system Software in returned Products will terminate and
Lessee will return the Products with the original certificate of authenticity
(attached and unaltered) for the original operating system Software.
Lessee agrees to deinstall and package the Products for return in a
manner which will protect them from damage. Lessee shall pay all costs
associated with the packing and return of the Products and shall promptly
reimburse Lessor for all costs and expenses for missing or damaged
Products or operating system Software. If Lessee fails to return all of the
Products at the expiration of the Lease Term or earlier termination (other
than for non-appropriation) in accordance with this Section, the Lease
Term with respect to the Products that are not returned shall continue to
be renewed as described in the Schedule.
9. RISK OF LOSS; MAINTENANCE; INSURANCE.
(a) From the date the Products are delivered to Lessee's ship to location
until the Products are returned to Lessor's designated return location or
purchased by Lessee, Lessee agrees: (i) to assume the risk of loss or
damage to the Products; (ii) to maintain the Products in good operating
condition and appearance, ordinary wear and tear excepted; (iii) to comply
with all requirements necessary to enforce all warranty rights; and (iv) to
promptly repair any repairable damage to the Products. During the Lease
Term, Lessee at its sole discretion has the option to purchase a
maintenance agreement from the provider of its choice (including, if it so
chooses, to self-maintain the Products) or to forgo such maintenance
agreement altogether; regardless of Lessee's choice, Lessee will continue
to be responsible for its obligations as stated in the first sentence of this
Section. At all times, Lessee shall provide the following insurance: (x)
casualty loss insurance for the Products for no less than the Stipulated
Loss Value (defined below) naming Lessor as loss payee; and (y) liability
insurance with respect to the Products for no less than an amount as
required by Lessor, with Lessor named as an additional insured; and (z)
such other insurance as may be required by law which names Lessee as
an insured and Lessor as an additional insured. Upon Lessor’s prior
written consent, Lessee may provide this insurance pursuant to Lessee’s
existing self-insurance policy or as provided for under state law. Lessee
shall provide Lessor with either an annual certificate of third party
insurance or a written description of its self-insurance policy or relevant
law, as applicable. The certificate of insurance will provide that Lessor
shall receive at least ten (10) days prior written notice of any material
change to or cancellation of the insurance policy or Lessee’s self-
insurance program, if previously approved by Lessor. If Lessee does not
give Lessor evidence of insurance in accordance with the standards
herein, Lessor has the right, but not the obligation, to obtain such
insurance covering Lessor’s interest in the Products for the Lease Term,
including renewals. If Lessor obtains such insurance, Lessor will add a
monthly, quarterly or annual charge (as appropriate) to the Rent to
reimburse Lessor for the insurance premium and Lessor’s then current
insurance administrative fee.
(b) If the Products are lost, stolen, destroyed, damaged beyond repair or
in the event of any condemnation, confiscation, seizure or expropriation of
such Products (“Casualty Products”), Lessee shall promptly (i) notify
Lessor of the same and (ii) pay to Lessor the Stipulated Loss Value for the
Casualty Products. The Stipulated Loss Value is an amount equal to the
sum of (a) all Rent and other amounts then due and owing (including
interest at the Overdue Rate from the due date until payment is received)
under the Lease, plus (b) the present value of all future Rent to become
due under the Lease during the remainder of the Lease Term, plus (c) the
present value of the estimated in place Fair Market Value of the Product
at the end of the Primary Term as determined by Lessor; plus (d) all other
amounts to become due and owing during the remaining Lease Term.
Unless priced as a tax-exempt Schedule, each of (b) and (c) shall be
calculated using the federal funds rate target reported in the Wall Street
Journal on the Commencement Date of the applicable Schedule. The
discount rate applicable to tax-exempt Schedules shall be federal funds
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Master Lease Agreement – Public NOV2018
rate target reported in the Wall Street Journal on the Commencement Date
of the applicable Schedule less 100 basis points.
10. ALTERATIONS.
Lessee shall, at its expense, make such alterations to Products during the
Lease Term as are legally required or provided at no charge by Seller.
Lessee may make other alterations, additions or improvements to
Products provided that any alteration, addition or improvement shall be
readily removable and shall not materially impair the value or utility of the
Products. Upon the return of any Product to Lessor, any alteration,
addition or improvement that is not removed by Lessee shall become the
property of Lessor free and clear of all liens and encumbrances.
11. REPRESENTATIONS AND WARRANTIES OF LESSEE.
Lessee represents, warrants and covenants to Lessor and will provide to
Lessor at Lessor’s request all documents deemed necessary or
appropriate by Lessor, including Certificates of Insurance, financial
statements, Secretary or Clerk Certificates, essential use information or
documents (such as affidavits, notices and similar instruments in a form
satisfactory to Lessor) and Opinions of Counsel (in substantially such form
as provided to Lessee by Lessor and otherwise satisfactory to Lessor) to
the effect that, as of the time Lessee enters into this Agreement and each
Schedule that:
(a) Lessee is an entity duly organized and existing under and by virtue of
the authorizing statute or constitutional provisions of its state and is a state
or political subdivision thereof as described in Section 103(a) of the
Internal Revenue Code of 1986, as amended, and the regulations
promulgated thereunder as in effect and applicable to the Agreement or
any Schedule, with full power and authority to enter into this Agreement
and any Schedules and perform all of its obligations under the Leases;
(b) This Agreement and each Schedule have been duly authorized,
authenticated and delivered by Lessee by proper action of its governing
board at a regularly convened meeting and attended by the requisite
majority of board members, or by other appropriate official authentication,
as applicable, and all requirements have been met and procedures have
occurred in order to ensure the validity and enforceability of this Agreement
against Lessee;
(c) This Agreement and each Schedule constitute the valid, legal and
binding obligations of Lessee, enforceable in accordance with their terms;
(d) No other approval, consent or withholding of objection is required
from any federal, state or local governmental authority or instrumentality
with respect to the entering into or performance by Lessee of the
Agreement or any Schedule and the transactions contemplated thereby;
(e) Lessee has complied with such public bidding requirements and other
state and federal laws as may be applicable to the Agreement and any
Schedule and the acquisition by Lessee of the Products;
(f) The entering into and performance of the Agreement or any Schedule
will not (i) violate any judgment, order, law or regulation applicable to
Lessee; (ii) result in any breach of, or constitute a default under, any
instrument to which the Lessee is a party or by which it or its assets may
be bound; or (iii) result in the creation of any lien, charge, security interest
or other encumbrance upon any assets of the Lessee or on the Products,
other than those created pursuant to this Agreement;
(g) There are no actions, suits, proceedings, inquiries or investigations,
at law or in equity, before or by any court, public board or body, pending
or threatened against or affecting Lessee, nor to the best of Lessee's
knowledge and belief is there any basis therefor, which if determined
adversely to Lessee will have a material adverse effect on the ability of
Lessee to fulfill its obligations under the Agreement or any Schedule;
(h) The Products are essential to the proper, efficient and economic
operation of Lessee or to the services which Lessee provides to its
citizens. Lessee expects to make immediate use of the Products, for which
it has an immediate need that is neither temporary nor expected to
diminish during the applicable Lease Term. The Products will be used for
the sole purpose of performing one or more of Lessee's governmental or
proprietary functions consistent within the permissible scope of Lessee's
authority; and
(i) Lessee has, in accordance with the requirements of law, fully
budgeted and appropriated sufficient funds to make all Rent payments and
other obligations under this Agreement and any Schedule during the
current Fiscal Period, and such funds have not been expended for other
purposes.
12. WARRANTY ASSIGNMENT; EXCLUSION OF WARRANTIES;
LIMITATION OF LIABILITY; FINANCE LEASE.
(a) Provided no Event of Default has occurred and is continuing, Lessor
assigns to Lessee for the Lease Term the benefit of any Product warranty
and any right of return provided by any Seller.
(b) LESSEE ACKNOWLEDGES THAT LESSOR DID NOT SELECT,
MANUFACTURE, SUPPLY OR LICENSE ANY PRODUCT AND THAT
LESSEE HAS MADE THE SELECTION OF PRODUCTS BASED UPON
ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE
ON STATEMENTS MADE BY LESSOR OR ITS AGENTS. LESSOR
LEASES THE PRODUCTS AS-IS AND MAKES NO WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED
TO, ANY WARRANTIES OF DESIGN, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES
ANY CLAIM IT MIGHT HAVE AGAINST LESSOR OR ITS ASSIGNEE
FOR ANY LOSS, DAMAGE OR EXPENSE CAUSED BY OR WITH
RESPECT TO ANY PRODUCTS.
(c) IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY ACTUAL,
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY
SCHEDULE OR THE SALE, LEASE OR USE OF ANY PRODUCTS EVEN
IF LESSOR IS ADVISED IN ADVANCE OF THE POSSIBILITY OR
CERTAINTY OF SUCH DAMAGES AND EVEN IF LESSEE ASSERTS
OR ESTABLISHES A FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY PROVIDED IN THIS AGREEMENT.
(d) Lessee agrees that it is the intent of both parties that each lease
qualify as a statutory finance lease under Article 2A of the UCC. Lessee
acknowledges either (i) that Lessee has reviewed and approved any
written supply contract covering the Products purchased from the Seller
for lease to Lessee or (ii) that Lessor has informed or advised Lessee, in
writing, either previously or by this Agreement, that Lessee may have
rights under the supply contract evidencing the purchase of the Products
and that Lessee should contact the Seller for a description of any such
rights. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
LESSEE HEREBY WAIVES ALL RIGHTS AND REMEDIES
CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCC.
13. EVENTS OF DEFAULT.
It shall be an event of default hereunder and under any Schedule ("Event
of Default") if:
(a) Lessee fails to pay any Rent or other amounts payable under this
Agreement or any Schedule within 15 days after the date that such
payment is due;
(b) Any representation or warranty made by Lessee to Lessor in
connection with this Agreement, any Schedule or any other Document is
at the time made materially untrue or incorrect;
(c) Lessee fails to comply with any other obligation or provision of this
Agreement or any Schedule and such failure shall have continued for 30
days after notice from Lessor;
(d) Lessee (i) is generally not paying its debts as they become due or (ii)
takes action for the purpose of invoking the protection of any bankruptcy
or insolvency law, or any such law is invoked against or with respect to
Lessee or its property and such petition is not dismissed within 60 days; or
(e) Any provision of this Agreement ceases to be valid and binding on
Lessee, is declared null and void, or its validity or enforceability is
contested by Lessee or any governmental agency or authority whereby the
loss of such provision would materially adversely affect the rights or
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Master Lease Agreement – Public NOV2018
security of Lessor, or Lessee denies any further liability or obligation under
this Agreement; or
(f) Lessee is in default under any other lease, contract, or obligation now
existing or hereafter entered into with Lessor or Seller or any assignee of
Lessor.
14. REMEDIES: TERMINATION
(a) Upon an Event of Default under any Schedule all of Lessee's rights
(including its rights to the Products), but not its obligations thereunder,
shall automatically be cancelled without notice and Lessor may exercise
one or more of the following remedies in its sole discretion:
(i) require Lessee to return any and all such Products in
accordance with Section 8, or if requested by Lessor, to assemble the
Products in a single location designated by Lessor and to grant Lessor the
right to enter the premises where such Products are located (regardless of
where assembled) for the purpose of repossession;
(ii) sell, lease or otherwise dispose of any or all Products (as agent
and attorney-in-fact for Lessee to the extent necessary) upon such terms
and in such manner (at public or private sale) as Lessor deems advisable
in its sole discretion (a "Disposition");
(iii) declare immediately due and payable as a pre-estimate of
liquidated damages for loss of bargain and not as a penalty, the Stipulated
Loss Value of the Products in lieu of any further Rent, in which event
Lessee shall pay such amount to Lessor within 10 days after the date of
Lessor's demand; or
(iv) proceed by appropriate court action either at law or in equity
(including an action for specific performance) to enforce performance by
Lessee or recover damages associated with such Event of Default or
exercise any other remedy available to Lessor in law or in equity.
(b) Lessee shall pay all costs and expenses arising or incurred by
Lessor, including reasonable attorney fees, in connection with or related
to an Event of Default or the repossession, transportation, re-furbishing,
storage and Disposition of any or all Products (“Default Expenses”). In the
event Lessor recovers proceeds (net of Default Expenses) from its
Disposition of the Products, Lessor shall credit such proceeds against the
owed Stipulated Loss Value. Lessee shall remain liable to Lessor for any
deficiency. With respect to this Section, to the extent the proceeds of the
Disposition (net of Default Expenses) exceed the Stipulated Loss Value
owed under the Lease, or Lessee has paid Lessor the Stipulated Loss
Value, the Default Expenses and all other amounts owing under the Lease,
Lessee shall be entitled to such excess and shall have no further
obligations with respect to such Lease. All rights of Lessor are cumulative
and not alternative and may be exercised by Lessor separately or together.
15. QUIET ENJOYMENT.
Lessor shall not interfere with Lessee's right to possession and quiet
enjoyment of Products during the relevant Lease Term, provided no Event
of Default has occurred and is continuing. Lessor represents and warrants
that as of the Commencement Date of the applicable Schedule, Lessor
has the right to lease the Products to Lessee.
16. INDEMNIFICATION.
To the extent permitted by law, Lessee shall indemnify, defend and hold
Lessor, its assignees, and their respective officers, directors, employees,
representatives and agents harmless from and against, all claims,
liabilities, costs or expenses, including legal fees and expenses
(collectively, "Claims"), arising from or incurred in connection with this
Agreement, any Schedule, or the selection, manufacture, possession,
ownership, use, condition, or return of any Products (including Claims for
personal injury or death or damage to property, and to the extent Lessee
is responsible, Claims related to the subsequent use or Disposition of the
Products or any data in or alteration of the Products. This indemnity shall
not extend to any loss caused solely by the gross negligence or willful
misconduct of Lessor. Lessee shall be responsible for the defense and
resolution of such Claim at its expense and shall pay any amount for
resolution and all costs and damages awarded against or incurred by
Lessor or any other person indemnified hereunder; provided, however,
that any person indemnified hereunder shall have the right to participate in
the defense of such Claim with counsel of its choice and at its expense
and to approve any such resolution. Lessee shall keep Lessor informed
at all times as to the status of the Claim.
17. OWNERSHIP; LIENS AND ENCUMBRANCES; LABELS.
As between Lessor and Lessee, title to Products (other than any Licensed
Materials) is and shall remain with Lessor. Products are considered
personal property and Lessee shall, at Lessee's expense, keep Products
free and clear of liens and encumbrances of any kind (except those arising
through the acts of Lessor) and shall immediately notify Lessor if Lessor's
interest is subject to compromise. Lessee shall not remove, cover, or alter
plates, labels, or other markings placed upon Products by Lessor, Seller
or any other supplier.
18. NON PERFORMANCE BY LESSEE.
If Lessee fails to perform any of its obligations hereunder or under any
Schedule, Lessor shall have the right but not the obligation to effect such
performance and Lessee shall promptly reimburse Lessor for all out of
pocket and other reasonable expenses incurred in connection with such
performance, with interest at the Overdue Rate.
19. NOTICES.
All notices shall be given in writing and, except for billings and
communications in the ordinary course of business, shall be delivered by
overnight courier service, delivered personally or sent by certified mail,
return receipt requested, and shall be effective from the date of receipt
unless mailed, in which case the effective date will be four (4) Business
Days after the date of mailing. Notices to Lessor by Lessee shall be sent
to: Dell Financial Services L.L.C., Attn. Legal Department, One Dell Way,
Round Rock, TX 78682, or such other mailing address designated in
writing by Lessor. Notice to Lessee shall be to the address on the first
page of this Agreement or such other mailing address designated in writing
by Lessee.
20. ASSIGNMENT.
(a) LESSEE MAY ASSIGN THIS AGREEMENT OR ANY SCHEDULE,
OR SUBLEASE ANY PRODUCT(S) WITH THE PRIOR WRITTEN
CONSENT OF LESSOR (SUCH CONSENT NOT TO BE
UNREASONABLY WITHHELD). LESSOR, AT ITS SOLE DISCRETION,
MAY ASSESS AN ADMINISTRATIVE FEE FOR ANY APPROVED
ASSIGNMENT OR SUBLEASE. No assignment or sublease shall in any
way discharge Lessee's obligations to Lessor under this Agreement or
Schedule.
(b) Lessor may at any time without notice to Lessee, but subject to the
rights of Lessee, transfer, assign, or grant a security interest in any
Product, this Agreement, any Schedule, or any rights and obligations
hereunder or thereunder in whole or in part. Lessee hereby consents to
such assignments, agrees to comply fully with the terms thereof, and
agrees to execute and deliver promptly such acknowledgments, opinions
of counsel and other instruments reasonably requested to effect such
assignment.
(c) Subject to the foregoing, this Agreement and each Schedule shall be
binding upon and inure to the benefit of Lessor, Lessee and their
successors and assigns.
21. GOVERNING LAW; JURISDICTION AND VENUE; WAIVER OF
JURY TRIAL.
THIS AGREEMENT AND EACH SCHEDULE SHALL BE GOVERNED BY
LAW WITHOUT REGARD TO ITS CONFLICTS OF LAWS
PRINCIPLES AND, TO THE EXTENT APPLICABLE, THE ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. LESSEE
CONSENTS TO THE JURISDICTION OF ANY FEDERAL COURT
LOCATED IN , , AND WAIVES ANY OBJECTION TO VENUE
IN SUCH COURT, AND FURTHER WAIVES ANY RIGHT TO A TRIAL BY
JURY.
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Master Lease Agreement – Public NOV2018
22. MISCELLANEOUS.
(a) The headings used in this Agreement are for convenience only and
shall have no legal effect. This Agreement shall be interpreted without any
strict construction in favor of or against either party.
(b) The provisions of Sections 6, 8, 11, 12(b), 12(c), 12(d), 16, 21 and 22
shall continue in full force and effect even after the term or expiration of
this Agreement or any Schedule.
(c) Failure of Lessor at any time to require Lessee's performance of any
obligation shall not affect the right to require performance of that obligation.
No term, condition or provision of this Agreement or any Schedule shall be
waived or deemed to have been waived by Lessor unless it is in writing
and signed by a duly authorized representative of Lessor. A valid waiver
is limited to the specific situation for which it was given.
(d) Lessee shall furnish such financial statements of Lessee (prepared in
accordance with generally accepted accounting principles) and other
information as Lessor may from time to time reasonably request.
(e) If any provision(s) of this Agreement is deemed invalid or
unenforceable to any extent (other than provisions going to the essence of
this Agreement) the same shall not in any respect affect the validity,
legality or enforceability (to the fullest extent permitted by law) of the
remainder of this Agreement, and the parties shall use their best efforts to
replace such illegal, invalid or unenforceable provisions with an
enforceable provision approximating, to the extent possible, the original
intent of the parties.
(f) Unless otherwise provided, all obligations hereunder shall be
performed or observed at the respective party's expense.
(g) Lessee shall take any action reasonably requested by Lessor for the
purpose of fully effectuating the intent and purposes of this Agreement or
any Schedule. If any Lease is determined to be other than a true lease,
Lessee hereby grants to Lessor a first priority security interest in the
Products and all proceeds thereof. Lessee acknowledges that by signing
this Agreement, Lessee has authorized Lessor to file any financing
statements or related filings as Lessor may reasonably deem necessary
or appropriate. Lessor may file a copy of this Agreement or any Schedule
in lieu of a financing statement.
(h) This Agreement and any Schedule may be signed in any number of
counterparts each of which when so executed or otherwise authenticated
and delivered shall be an original but all counterparts shall together
constitute one and the same instrument. To the extent each Schedule
would constitute chattel paper as such term is defined in the UCC, no
security interest may be created through the transfer or control or
possession, as applicable, of a counterpart of a Schedule other than the
original in Lessor's possession marked by Lessor as either “Original” or
“Counterpart Number 1”.
(i) This Agreement and the Schedules hereto between Lessor and
Lessee set forth all of the understandings and agreements between the
parties and supersede and merge all prior written or oral communications,
understandings, or agreements between the parties relating to the subject
matter contained herein. Except as permitted herein, this Agreement and
any Schedule may be amended only by a writing duly signed or otherwise
authenticated by Lessor and Lessee.
(j) If Lessee delivers this signed Master Lease, or any Schedule,
amendment or other document related to the Master Lease (each a
“Document”) to Lessor by facsimile transmission, and Lessor does not
receive all of the pages of that Document, Lessee agrees that, except for
any pages which require a signature, Lessor may supply the missing
pages to the Document from Lessor’s database which conforms to the
version number at the bottom of the page. If Lessee delivers a signed
Document to Lessor as an e-mail attachment, facsimile transmission or by
U.S. mail, Lessee acknowledges that Lessor is relying on Lessee’s
representation that the Document has not been altered. Lessee further
agrees that, notwithstanding any rule of evidence to the contrary, in any
hearing, trial or proceeding of any kind with respect to a Document, Lessor
may produce a tangible copy of the Document transmitted by Lessee to
Lessor by facsimile or as an e-mail attachment and such signed copy shall
be deemed to be the original of the Document. To the extent (if any) that
the Document constitutes chattel paper under the Uniform Commercial
Code, the authoritative copy of the Document shall be the copy designated
by Lessor or its assignee, from time to time, as the copy available for
access and review by Lessee, Lessor or its assignee. All other copies are
deemed identified as copies of the authoritative copy. In the event of
inadvertent destruction of the authoritative copy, or corruption of the
authoritative copy for any reason or as the result of any cause, the
authoritative copy may be restored from a backup or archive copy, and the
restored copy shall become the authoritative copy. At Lessor’s option, this
electronic record may be converted into paper form. At such time, such
paper copy will be designated or marked as the authoritative copy of the
Document.
EXECUTED by the undersigned on the dates set forth
below, to be effective as of the Effective Date.
“Lessee”
BY:
NAME:
TITLE:
DATE:
Dell Financial Services L.L.C.
“Lessor”
BY:
NAME:
TITLE:
DATE:
Page 176 of 404
Reference: Page 1 of 3
Secretary Clerk Certificate - Public Internal Use Ͳ Confidential
Secretary/Clerk Certificate Instructions
1. In the blocks under paragraph (ii) with the headings “NAME OF AUTHORIZED SIGNATORY”, “TITLE OF AUTHORIZED
SIGNATORY” and “SIGNATURE OF AUTHORIZED SIGNATORY”, all persons who are authorized to execute and
deliver the Agreement and any related Lease Schedule(s) from time to time thereunder between the Public Entity and
Customer should write or type his/her name under the “Name of Authorized Signatory” heading, write or type his/her
title under the “Title of Authorized Signatory” heading, and sign his/her name under the “Signature of Authorized
Signatory” heading in the block across from his/her name and title. The person(s) listed and executing in the blocks
under paragraph (ii) must not be the same person executing the Certificate on behalf of the Public Entity (Clerk,
Secretary, etc.) listed at the top of the Certificate and executing in the signature block at the bottom of the
Certificate under the “In Witness Whereof” language;
2. The Clerk, Secretary, etc. should insert the Agreement No. in paragraph (iii), if known;
3. The Clerk, Secretary, etc. should strike paragraph (v) of the Certificate if this paragraph is not applicable to the Public
Entity;
4. If paragraph (v) of the Certificate is applicable to the Public Entity, the Clerk, Secretary, etc. should insert “regular” or
“special” in the first blank and then insert the date of the meeting of the governing body of the Public Entity in the second
blank;
5. The Clerk, Secretary, etc. should write or type the Fiscal Period of the Public Entity in paragraph (ix);
6. The Clerk, Secretary, etc. should write or type his/her name, title, name and State of the Public Entity in the top portion
of the Certificate and date, sign & print his/her name and title at the bottom of the Certificate under the “In Witness
Whereof” language; and
7. If required by local law, the Certificate should be notarized by a notary public. The notary public should be a person
other than the Clerk, Secretary, etc. executing under the “In Witness Whereof” language of the Certificate.
Page 177 of 404
Reference: Page 2 of 3
Secretary Clerk Certificate - Public Internal Use Ͳ Confidential
SECRETARY/CLERK CERTIFICATE
I, ____________________________________________, do hereby certify that:
(i) I am the duly elected, qualified, and acting __________________________________ (Clerk, Secretary, etc.)
of , a public entity (the “Public Entity”).
(ii) Each of the persons whose name, title and signature appear below is a duly authorized representative of the
Public Entity and holds on the date of this Certificate the formal title set forth opposite his/her name and the signature
appearing opposite each such person’s name is his/her genuine signature:
NAME OF AUTHORIZED SIGNATORY
(cannot be Clerk/Secretary
authenticating this certificate)
TITLE OF AUTHORIZED
SIGNATORY
SIGNATURE OF AUTHORIZED
SIGNATORY
(iii) Each such representative is duly authorized for and on behalf of the Public Entity to execute and deliver that
certain Master Lease Agreement No. (the “Agreement”) and any related Lease Schedules from time to time
thereunder (the “Schedules”) between the Public Entity and Customer, or its assignee (collectively, “Lessor”), and all
agreements, documents, and instruments in connection therewith, including without limitation, schedules, riders and
certificates of acceptance.
(iv) The execution and delivery of any such Agreement and/or Schedule and all agreements, documents, and
instruments in connection therewith for and on behalf of the Public Entity are not prohibited by or in any manner restricted
by the terms of the Charter or other document pursuant to which the Public Entity is organized or of any loan agreement,
indenture or contract to which the Public Entity is a party or by which it or any of its property is bound.
(v) [STRIKE IF NOT APPLICABLE] The Public Entity did, at a duly called _____________ (regular or special)
meeting of the governing body of the Public Entity attended throughout by the requisite majority of the members thereof
held on the ______ day of ________________ by motion duly made, seconded and carried, in accordance with all
requirements of law, approve and authorize the execution and delivery of the Agreement, the related Schedule(s) and all
agreements, documents, and instruments in connection therewith on behalf of the Public Entity by the authorized
representative(s) of the Public Entity named in paragraph (ii) above. Such action approving the Agreement, the related
Schedule(s) and all agreements, documents, and instruments in connection therewith and author izing the execution thereof
has not been altered or rescinded by the Public Entity.
(vi) No event or condition that constitutes (or with notice or lapse of time or both, would constitute) an Event of
Default, as defined in the Agreement, exists at the date hereof.
(vii) All insurance required in accordance with the Agreement is currently maintained by the Public Entity.
(viii) The Public Entity has, in accordance with the requirements of law, fully budgeted and appropriated sufficient
funds for the current budget year to make the Rent payments scheduled to come due during the first Fiscal Period and to
meet the Public Entity's other obligations for the first Fiscal Period, as such terms are defined in the Agreement, and such
funds have not been expended for other purposes.
Page 178 of 404
Reference: Page 3 of 3
Secretary Clerk Certificate - Public Internal Use Ͳ Confidential
(ix) The Fiscal Period of the Public Entity is from ___________________ to ___________________.
(x) The foregoing authority and information shall remain true and in full force and effect, and Lessor shall be
entitled to rely upon same, until written notice of the modification, rescission, or revocation of same in whole or in part, has
been delivered to Lessor, but in any event shall be effective with respect to any documents executed or actions taken in
reliance upon the foregoing authority prior to the delivery to Lessor of said written notice of said modification, rescission or
revocation.
IN WITNESS WHEREOF:
By: _____________________________________________
Name: __________________________________________
Title: ____________________________________________
(Clerk or Secretary)
Date: ___________________________________________
Subscribed to and sworn before me:
Notary Public: _____________________________________.
(Name)
Date: ______________________________________________.
My commission expires: ________________________________________.
Page 179 of 404
Dell Financial Services
Billing and Schedule Information
Welcome to Dell Financial Services (DFS). We look forward to establishing a long-lasting relationship with you and your team.
To ensure your account is setup properly in our systems please provide the information below, working with your Accounts Pay-
able team as needed. Once ready, return it to your DFS Sales Representative or send it to DFS_Customer_Setup@Dell.com. If
you have any questions about the form, contact your representative. Thank you.
I. Preparing Your A/P System to Remit DFS Payments:
Below is the most commonly requested information by our customers to assist them in setting up their systems to successfully
remit DFS payments. If you require any other information, please contact your representative.ACH Instructions (preferred)Wire Transfer InstructionsPayee InformationJPMorgan Chase Bank, N.A.
1 Chase Manhattan Plaza
New York, NY 10081
DFS Accounts Only
ABA # 021000021
Account # 432217011
MUST INCLUDE CONTRACT & SCHEDULE NUMBER OR INVOICE NUMBER
C7; format should be ¿rst choice if it is an option
Email remittance to USDFSCASHPAYMENTS@dell.com
JPMorgan Chase Bank, N.A.
1 Chase Manhattan Plaza
New York, NY 10081
DFS Accounts Only
ABA # 021000021
Account # 432217011
MUST INCLUDE CONTRACT & SCHEDULE NUMBER OR INVOICE NUMBER
Email remittance to USDFSCASHPAYMENTS@dell.com
JPM Swift Code for international wires only: CHASUS33
Dell Financial Services L.L.C. Payment Processing Center
Federal Tax ID# 74-2825828
PO Box 6549
Carol Stream, IL 60197-6549
II. Your Company Information:
Company Name:
Physical Address (primary location):
City, State, ZIP:
Federal Tax ID:
III. Schedules:
Name of recipient(s) to receive monthly schedules for reconciliation:
Attention: Email Address:
Name of individual(s) that will sign schedules this individual should be named as an authorized signatory on the Incumbency or Secretary Clerk Certi¿cate
Attention: Title:
Telephone Number: Email Address:
Would you prefer to sign your documents electronically via Echosign? Yes No (not available to Public entities)
Do any of the following criteria need to appear on your schedule?*
Cost Center Equipment Type Equipment Location PO Number
*Invoices will follow the format of the schedule and include a breakout of the items above if requested.
IV. Purchase Orders:
Your PO should be issued to Dell Financial Services L.L.C.
If you are unable to issue purchase orders to DFS please specify how the PO Number will be issued:
Do you utilize blanket PO Numbers? Yes No
Do you use a diႇerent PO 1umber for payment versus procurement" <es 1o
Is PO ful¿llment required for scheduling" <es 1o
DFS will consolidate shipped orders and place on a schedule for your review. If you have any special consolidation requirements,
please contact your DFS Sales representative.
Is board approval necessary? Yes No If yes, when are meetings held?
Fiscal Year is from to
Page 180 of 404
VIII. Additional Tax Information:
Sales/Use Tax Exemption: Please provide your ta[ e[emption or direct pay certi¿cate to both D)S and the product vendor. Certif-
icates intended for Leases should be issued to Dell Financial Services L.L.C., and those for Loans should be issued to the product
vendor. Where required, sales/use taxes will be assessed and invoiced to DFS by the vendor.
Note: If ta[ e[empt, a valid 7a[ ([emption or Direct Pay Certi¿cate must be provided for each state in which the products are located.
7a[ E[empt &erti¿cate 5eTXirementV
• Address to Dell Financial Services
• Should coincide with the date the schedule is signed
List a description of the items computer hardwaresoftware is generally suႈcient
• Signed by an authorized employee/owner
7he IollowinJ are not acceptaEle IormV oI 7a[ E[emption &erti¿cateV
I5S letter declaring the company as a nonpro¿t 0C entity
• CA letter exempting a company from Franchise and Income Tax
• W-9 form
State registration certi¿cates
0ississippi is the only state that accepts the I5S letter as an acceptable e[emption certi¿cate
Business Personal Property Tax: 7angible business personal property is ta[able in most states. In general, the de¿nition of tan-
gible property is personal property that can be seen, weighed, measured, felt, or otherwise perceived by the senses but does not
include a document that constitutes evidence of a valuable interest, claim, or right and has negligible or no intrinsic value.
VI. Invoice Preferences (choose one from each category):
Note: the typical invoice processing time is 30 days. If you require more time, please contact your DFS Sales Representative.
Invoice Options: Contract Level (one invoice per contract)Consolidated (one invoice for all contracts that have the same due date)
Invoice Format: Detail (asset level) Summary
Delivery Format: Paper (USPS) PDF (paper copy is not mailed) Electronic CSV (converted to Excel)
3rd Party Invoicing Tool, Ariba/SAP (enter tool name):
Do you need separate invoices for miscellaneous billings? Yes No
Do you require a PO Number on the invoice to process payment? Yes No
V. Invoicing/Billing Contact Information:
Accounts Payable (AP) Contact Name:
Does this billing address match the primary location above? Yes (If yes, please skip and proceed to Invoice Preference) No
AP Address:
City, State, ZIP:
County:
AP Email Address:AP Direct Telephone Number:
(mail $ddress for PD) or (lectronic Invoices if diႇerent than $P contact
VII. Taxes and Fees:
Is your company/entity tax exempt? Yes No
If not e[empt, do you intend to ¿nance upfront ta[ if applicable on the schedules contracts "<es 1o
Personal Property Tax (PPT): Rebill Annually Monthly Property Management Fee
California (nvironmental )ee Do you intend to ¿nance the California (nvironmental )ee, if applicable"<es 1o
Do you intend to ¿nance shipping by adding shipping costs for the products to your schedule"<es 1o
Page 181 of 404
Proprietary to Dell Financial Services, LLC
Lease Schedules:
Fair Market Value Lease
$1 Out Purchase Option Lease
Tax Exempt Lease Purchase Lease
Dell Flex Lease Purchase
PCaaS Schedule
Software Schedule
DATE
Page 182 of 404
Reference: Page 1 of 2
Master Lease Schedule FMV - Public
Internal Use Ͳ Confidential
[Customer Name]
TRUE LEASE SCHEDULE NO.
MASTER LEASE AGREEMENT NO.
THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER LEASE
AGREEMENT NO. ("Agreement") DATED BETWEEN DELL FINANCIAL SERVICES L.L.C. ("Lessor") AND
("Lessee").
Lessor hereby agrees to lease and/or make available to Lessee subject to the terms, conditions and provisions set forth in
this Schedule and in the Agreement, the Products described below. Any capitalized term used herein and not defined
herein shall have the meaning ascribed to it in the Agreement.
PRODUCT DESCRIPTION AND LOCATION: See below or Exhibit “A” attached to and made a part hereof.
PRODUCT SELLER:
Product
Description
Product
Location
Lessee Purchase
Order No.
Rent* Primary Term
(Mos.)
Commencement
Date**
See Exhibit 'A' See Exhibit 'A'
Total Product Acquisition Cost:
Rent is payable: in
Payment Period:
*Lessee is responsible for applicable taxes, shipping and other amounts as described in the Agreement, and, with the first
payment of Rent, any prorated Rent if applicable. Such amounts are further described in Exhibit “A”.
**The Commencement Date may be extended for one Payment Period until the Schedule is returned in accordance with
the terms in the Agreement. Lessor may charge Lessee prorated Rent accruing from the Acceptance Date to the
Commencement Date, as such date is finally determined.
TRUE LEASE PROVISIONS
The following provisions shall apply with respect to this Schedule in addition to those provisions in the Agreement:
1. TRUE LEASE: The parties intend for this lease to constitute a true lease of Products under the UCC and all applicable
laws. If this Lease is determined to be a lease intended as security, in no event shall Lessee be obligated to pay any time
price balance differential in excess of the maximum amount permitted by applicable law (as specified herein or the state
where the Products are located, whichever law permits the greater amount). In the event Lessor shall receive anything of
value under a Lease that is deemed interest which would exceed the maximum amount of interest allowed under the law,
the excess amount shall be applied to the reduction of the unpaid time price balance or shall be refunded to Lessee. In
order to reduce the unpaid time price balance, any amount deemed interest shall, to the fullest extent permitted by applicable
law, be amortized and spread uniformly throughout the Lease Term.
2. END OF LEASE OPTIONS.
(a) Provided that no Event of Default has occurred and is continuing, and at least 90 days but no more than 180
days prior to the expiration of the Primary Term (the "Expiration Date"), Lessee will give irrevocable written notice to Lessor
of its intention to either:
(i) purchase all of the Products at the Fair Market Value (as defined below);
(ii) renew the Lease Term for a minimum of six (6) months at a rate and for a term agreed upon by both parties; or
(iii) return all of the Products in accordance with the Agreement.
Page 183 of 404
MASTER LEASE AGREEMENT SCHEDULE NO.
Reference: Page 2 of 2
Master Lease Schedule FMV - Public Internal Use Ͳ Confidential
(b) If Lessee exercises the option to purchase the Products then, upon receipt of payment of the "Fair Market
Value" (defined below), plus applicable taxes, Lessor will sell the Products to Lessee AS IS-WHERE IS, WITHOUT
WARRANTY OR RECOURSE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING ANY WARRANTIES OF DESIGN,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. The Fair Market Value
purchase price shall be paid on or before the last day of the Primary Term. "Fair Market Value" means the price of the
Products, installed, in use and in the condition required by the Agreement as determined by Lessor in its reasonable
judgment. If Lessee disagrees with the Fair Market Value, Lessee shall notify Lessor in writing within 60 days prior to the
Expiration Date and, upon Lessee's request, and within ten (10) days after receipt of Lessee's notice, Lessor shall appoint
a qualified appraiser reasonably acceptable to Lessee to appraise the retail value of the Products. The amount determined
by such appraiser shall be the final Fair Market Value. Lessor and Lessee shall share the expense of such appraisal equally.
(c) If Lessee desires to renew a lease, Lessee and Lessor shall enter into a supplement to this Schedule
describing the length of the renewal Lease Term and the renewal Rent provided, however, all other terms of this Schedule
and the Agreement shall remain in full force and effect.
(d) Whether or not Lessee has given Lessor notice if its intent as described above, if Lessee does not return or
purchase the Products or renew the Lease as required above, the Lease Term shall automatically extend on a month-to-
month basis at the Rent in effect on the Expiration Date (prorated on a monthly basis if the Payment Period was other than
monthly during the Primary Term). Such extension shall continue until Lessee: (i) provides thirty (30) days prior written
notice of its intention to return or purchase the Products (to take effect on the next Rent payment date that is at least 30
days after the notice is received by Lessor) and (ii) either returns or purchases all of the Products in accordance with the
End of Lease options above. Payments of Rent during the month-to-month extension are due and payable monthly as
specified in Lessor's invoice. If Lessee fails to return or purchase any Products, the Schedule and associated Rent for the
Products that have not been returned or purchased shall extend on a month-to-month basis in accordance with the prior
sentence.
3. COMPLETION OF SCHEDULE. Lessee hereby authorizes Lessor to insert or update the serial numbers of the
Products from time to time if necessary.
If Lessee delivers this signed Schedule, any amendment or other document related to this Schedule or the Master Lease
(each a "Document") to Lessor by facsimile transmission, and Lessor does not receive all of the pages of that Document,
Lessee agrees that, except for any pages which require a signature, Lessor may supply the missing pages to the Document
from Lessor's database which conforms to the version number at the bottom of the page. If Lessee delivers a signed
Document to Lessor as an e-mail attachment, facsimile transmission or by U.S. mail, Lessee acknowledges that Lessor is
relying on Lessee's representation that the Document has not been altered. Lessee further agrees that, notwithstanding
any rule of evidence to the contrary, in any hearing, trial or proceeding of any kind with respect to a Document, Lessor may
produce a tangible copy of the Document transmitted by Lessee to Lessor by facsimile or as an e-mail attachment and such
signed copy shall be deemed to be the original of the Document. To the extent (if any) that the Document constitutes chattel
paper under the Uniform Commercial Code, the authoritative copy of the Document shall be the copy designated by Lessor
or its assignee, from time to time, as the copy available for access and review by Lessee, Lessor or its assignee. All other
copies are deemed identified as copies of the authoritative copy. In the event of inadvertent destruction of the authoritative
copy, or corruption of the authoritative copy for any reason or as the result of any cause, the authoritative copy may be
restored from a backup or archive copy, and the restored copy shall become the authoritative copy. At Lessor's option, this
electronic record may be converted into paper form. At such time, such paper copy will be designated or marked as the
authoritative copy of the Document.
By signing below, each of the parties hereto agrees to be bound by the terms of the Agreement, this Schedule and the
attached Exhibit “A”.
"Lessee"
By:
Name:
Title:
Date:
DELL FINANCIAL SERVICES L.L.C.
“Lessor”
By:
Name:
Title:
Date:
Page 184 of 404
Reference: Page 1 of 2
Master Lease Schedule 1 Out Public
Internal Use Ͳ Confidential
LEASE PURCHASE SCHEDULE NO.
TO MASTER LEASE AGREEMENT NO.
THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER LEASE
AGREEMENT NO. ("Agreement") DATED BETWEEN DELL FINANCIAL SERVICES L.L.C. ("Lessor") AND
("Lessee").
Lessor hereby agrees to lease and/or make available to Lessee subject to the terms, conditions and provisions set forth in
this Schedule and in the Agreement, the Products described below. Any capitalized term used herein and not defined
herein shall have the meaning ascribed to it in the Agreement.
PRODUCT DESCRIPTION AND LOCATION: See below or Exhibit “A” attached to and made a part hereof.
PRODUCT SELLER:
Product
Description
Product
Location
Lessee Purchase
Order No.
Primary Term
(Mos.)
Commencement
Date*
See Exhibit 'A' See Exhibit 'A'
Rent is payable: in
Payment Period:
*The Commencement Date may be extended for one Payment Period until the Schedule is returned in accordance with the
terms in the Agreement. Lessor may charge Lessee prorated Rent accruing from the Acceptance Date to the
Commencement Date, as such date is finally determined.
LEASE PURCHASE PROVISIONS
The following provisions shall apply with respect to this Schedule in addition to those provisions in the Agreement:
1. SECTION 4. RENT; TAXES; PAYMENT OBLIGATION.
Insert as a new last sentence to subsection (a) the following:
“For the purposes of this Schedule, the Rent and Purchase Price (as of the applicable Purchase Date) are shown in the
chart below or on Exhibit “B”, attached to and made a part hereof.
Payment Number Purchase Date Rent Interest Portion Principal Portion Purchase Price
See Exhibit ‘B’
2. PURCHASE OPTION.
Provided that no Event of Default has occurred and is continuing, and at least 60 days but no more than 180 days before
the purchase date (“Purchase Date”) selected by Lessee, Lessee will give irrevocable written notice to Lessor of its intention
to:
(i) purchase the Products for $1.00 at the end of the Primary Term;
(ii) purchase the Products at the Purchase Price as stated in Paragraph (i) above or as listed on Exhibit B, so long as
all other amounts due on the Purchase Date have been paid in full; or
(iii) return the Products in accordance with the Agreement for a fee agreed upon by both parties.
Page 185 of 404
Reference: Page 2 of 2
Master Lease Schedule 1 Out Public
Internal Use Ͳ Confidential
Upon satisfaction by Lessee of such conditions, Lessee shall be entitled to Lessor’s interest in the Products, AS IS, WHERE
IS, WITHOUT WARRANTY OR RECOURSE, EXPRESS, IMPLIED OR OTHERWISE, BY OR AGAINST LESSOR,
INCLUDING ANY WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
AGAINST INFRINGEMENT, other than the absence of any liens by, through or under Lessor.
As continuing security for Lessee’s obligations hereunder, Lessee hereby grants to Lessor, a first-priority security interest
in all of Lessee’s rights and interest in and to the Products and all proceeds thereof, free and clear of all security interests,
liens or encumbrances whatsoever.
3. COMPLETION OF SCHEDULE. Lessee hereby authorizes Lessor to insert or update the serial numbers of the
Products from time to time as necessary.
By signing below, each of the parties hereto agrees to be bound by the terms of the Agreement, this Schedule and the
attached Exhibits “A” and "B".
"Lessee"
By:
Name:
Title:
Date:
DELL FINANCIAL SERVICES L.L.C.
“Lessor”
By:
Name:
Title:
Date:
Page 186 of 404
Reference: Page 1 of 3
Master Lease Schedule TELP
LEASE PURCHASE SCHEDULE NO.
TO MASTER LEASE AGREEMENT NO.
THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER LEASE
AGREEMENT NO. ("Agreement") DATED BETWEEN DELL FINANCIAL SERVICES L.L.C. ("Lessor") AND
("Lessee").
Lessor hereby agrees to lease and/or make available to Lessee subject to the terms, conditions and provisions set forth in
this Schedule and in the Agreement, the Products described below. Any capitalized term used herein and not defined
herein shall have the meaning ascribed to it in the Agreement.
PRODUCT DESCRIPTION AND LOCATION: See below or Exhibit “A” attached to and made a part hereof.
PRODUCT SELLER:
Product
Description
Product
Location
Lessee Purchase
Order No.
Primary Term
(Mos.)
Commencement
Date
See Exhibit 'A' See Exhibit 'A'
Rent is payable: in
Payment Period:
LEASE PURCHASE PROVISIONS
The following provisions shall apply with respect to this Schedule in addition to those provisions in the Agreement:
1. SECTION 4. RENT; TAXES; PAYMENT OBLIGATION.
Insert as a new last sentence to subsection (a) the following:
“For the purposes of this Schedule, the Rent, as well as the principal and interest portions of each Rent payment are shown
in the chart provided on Exhibit “B”, attached to and made a part hereof.
2. SECTION 11. REPRESENTATIONS AND WARRANTIES OF LESSEE.
For purposes of this Schedule, add paragraphs (j) through (t) as follows:
“(j) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, including but not limited
to, the execution and delivery to Lessor of information statements requested by Lessor;
(k) Lessee will not do, cause to be done or fail to do any act if such act or failure to act will cause this Agreement, or any
transaction hereunder, to be an Arbitrage Bond within the meaning of Section 148 of the Code or a Private Activity Bond
within the meaning of Section 141 of the Code;
(l) The total cost of the Products listed in this Schedule will not be less than the total Principal Portion of the Rent listed in
this Schedule; :
(m) The Products listed in this Schedule have or will be ordered within six months of the date hereof in order to commence
such Schedule;
(n) The Products listed in this Schedule are expected to be delivered and installed, and the Seller fully paid, within one year
from the date hereof;
(o) No fund or account which secures or otherwise relates to the Rent has been established;
Page 187 of 404
Reference: Page 2 of 3
Master Lease Schedule TELP
Internal Use Ͳ Confidential
(p) Lessee will not sell, encumber or otherwise dispose of any property comprising this Schedule prior to the final maturity
or termination of such Schedule without a written opinion of nationally recognized bond counsel to the effect that any such
disposition will not adversely affect the exclusion of interest on the Rent from gross income for federal income tax purposes;
(q) Lessee agrees to execute, deliver and provide Lessor with satisfactory evidence of the filing of such documentation, as
may be required for the purposes of properly reporting this Schedule, including, without limitation, IRS forms 8038-G or
8038-GC, as required under the Code;
(r) It is expected that Rent under this Schedule will be paid from periodic appropriations of the Lessee deposited into the
general fund of the Lessee, that such appropriations will equal the Rent due during each Fiscal Period of Lessee, and that
all amounts paid for Rent will be from an appropriation made by the Lessee during the Fiscal Period in which such Rent is
made;
(s) To the best of Lessee's knowledge, information and belief, the above expectations are reasonable; and
(t) Lessee will comply with all applicable provisions of the Code, including without limitation Sections 103, 141 and 148
thereof, and the applicable regulations of the Treasury Department to maintain the exclusion of the interest components of
Rent from gross income for purposes of federal income taxation.
Without limiting the generality of the foregoing, Lessor hereby gives notice to Lessee that, upon execution of this Schedule
by Lessor, Lessor shall assign all of its right, title and interest in, to and under this Schedule, including all Products and all
payments owing under such Schedule, to Dell Equipment Funding L.P. (“DEF”) pursuant to a purchase agreement between
the Lessor and DEF. Lessee hereby acknowledges and consents to such assignment and shall keep, or cause to be kept,
a complete and accurate record of all such assignments in a manner and form necessary to comply with Section 149(a) of
the Code and the Treasury Regulations promulgated thereunder. Lessor hereby directs Lessee to continue to make any
and all payments required to be made under this Schedule directly to Lessor, as servicing agent for DEF, at the same
address to which Lessee is currently making payments unless and until Lessor is directed by DEF to make such payments
to a different address or payee.”
TO THE EXTENT PERMITTED BY LAW, AND IN ADDITION TO LESSEE’S OBLIGATION UNDER SECTION 16 OF THE
AGREEMENT AND ANY AMENDMENTS THERETO, LESSEE HEREBY ASSUMES LIABILITY FOR, AND SHALL PAY
WHEN DUE, AND SHALL DEFEND LESSOR AND ITS SUCCESSORS AND ASSIGNS AGAINST, ANY AND ALL
LIABILITIES, LOSSES, DAMAGES, CLAIMS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES)
RELATING TO OR ARISING OUT OF LESSEE’S BREACH OF ANY OF ITS REPRESENTATIONS, WARRANTIES, OR
COVENANTS CONTAINED IN SECTION 11 OF THE AGREEMENT AS SUPPLEMENTED HEREIN.
3. SECTION 12. WARRANTY ASSIGNMENT; EXCLUSION OF WARRANTIES; LIMITATIONS ON LIABILITY;
FINANCE LEASE.
For purposes of this Schedule, delete “FINANCE LEASE” in the title of this Section and delete the first and last sentences
of paragraph (d).
4. SECTION 17. OWNERSHIP; LIENS AND ENCUMBRANCES; LABELS.
Insert at the end of this paragraph the following: “Notwithstanding the first sentence of this Section, upon Lessee’s
acceptance of the Products under this Schedule, title to the Products shall vest in Lessee subject to Lessor's rights under
the Agreement; provided that, upon an Event of Default or any termination of this Schedule, other than by Lessee’s purchase
of the Products, title to the Products shall immediately and without any action by either party vest in Lessor, and Lessee
shall immediately surrender possession of the Products to Lessor. Any such transfer of title shall occur automatically without
the necessity of any bill of sale, certificate of title or other instrument of conveyance. Lessee shall, nevertheless, execute
and deliver any such instruments as Lessor may request to evidence such transfer.
5. PURCHASE OPTION.
Provided that no Event of Default has occurred and is continuing, and upon satisfaction of all payment obligations herein
by Lessee, Lessee shall be entitled to Lessor's interest in the Products, AS IS, WHERE IS, WITHOUT WARRANTY OR
RECOURSE, EXPRESS, IMPLIED OR OTHERWISE, BY OR AGAINST LESSOR, INCLUDING ANY WARRANTIES OF
Page 188 of 404
Reference: Page 3 of 3
Master Lease Schedule TELP
DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT, other than
the absence of any liens by, through or under Lessor.
As continuing security for Lessee’s obligations hereunder, Lessee hereby grants to Lessor, a first-priority security interest
in all of Lessee’s rights and interest in and to the Products and all proceeds thereof, free and clear of all security interests,
liens or encumbrances whatsoever.
6. COMPLETION OF SCHEDULE: Lessee hereby authorizes Lessor to insert or update the serial numbers of the
Products from time to time as necessary.
If Lessee delivers this signed Schedule, any amendment or other document related to this Schedule or the Master Lease
(each a “Document”) to Lessor by facsimile transmission, and Lessor does not receive all of the pages of that Document,
Lessee agrees that, except for any pages which require a signature, Lessor may supply the missing pages to the Document
from Lessor’s database which conforms to the version number at the bottom of the page. If Lessee delivers a signed
Document to Lessor as an e-mail attachment, facsimile transmission or by U.S. mail, Lessee acknowledges that Lessor is
relying on Lessee’s representation that the Document has not been altered. Lessee further agrees that, notwithstanding
any rule of evidence to the contrary, in any hearing, trial or proceeding of any kind with respect to a Document, Lessor may
produce a tangible copy of the Document transmitted by Lessee to Lessor by facsimile or as an e-mail attachment and such
signed copy shall be deemed to be the original of the Document. To the extent (if any) that the Document constitutes chattel
paper under the Uniform Commercial Code, the authoritative copy of the Document shall be the copy designated by Lessor
or its assignee, from time to time, as the copy available for access and review by Lessee, Lessor or its assignee. All other
copies are deemed identified as copies of the authoritative copy. In the event of inadvertent destruction of the authoritative
copy, or corruption of the authoritative copy for any reason or as the result of any cause, the authoritative copy may be
restored from a backup or archive copy, and the restored copy shall become the authoritative copy. At Lessor’s option, this
electronic record may be converted into paper form. At such time, such paper copy will be designated or marked as the
authoritative copy of the Document.
By signing below, each of the parties hereto agrees to be bound by the terms of the Agreement, this Schedule and the
attached Exhibits “A” and "B".
"Lessee"
By:
Name:
Title:
Date:
DELL FINANCIAL SERVICES L.L.C.
“Lessor”
By:
Name:
Title:
Date:
Page 189 of 404
Reference: Page 1 of 3
Master Lease Schedule DellFlex Option
DELL FLEX LEASE PURCHASE SCHEDULE NO.
TO MASTER LEASE AGREEMENT NO.
THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER LEASE
AGREEMENT NO. ("Agreement") DATED BETWEEN DELL FINANCIAL SERVICES L.L.C. ("Lessor") AND
("Lessee").
Lessor hereby agrees to lease and/or make available to Lessee subject to the terms, conditions and provisions set forth in
this Schedule and in the Agreement, the Products described below. Any capitalized term used herein and not defined
herein shall have the meaning ascribed to it in the Agreement.
PRODUCT DESCRIPTION AND LOCATION: See below or Exhibit “A” attached to and made a part hereof.
PRODUCT SELLER:
Product
Description
Product
Location
Lessee Purchase
Order No.
Primary Term
(Mos.)
Commencement
Date*
See Exhibit 'A' See Exhibit 'A'
Rent is payable: in
Payment Period:
*The Commencement Date may be extended for one Payment Period until the Schedule is returned in accordance with the
terms in the Agreement.
LEASE PURCHASE PROVISIONS
The following provisions shall apply with respect to this Schedule in addition to those provisions in the Agreement:
1. SECTION 4. RENT; TAXES; PAYMENT OBLIGATION.
Insert as a new last sentence to subsection (a) the following:
“For the purposes of this Schedule, the Rent, as well as the principal and interest portions of each Rent payment are shown
in the chart provided on Exhibit “B”, attached to and made a part hereof.
Add as a new last sentence to subsection (b) the following:
“Because the Products will be used for a governmental or proprietary purpose of Lessee, they are exempt from all sales,
use and property taxes.”
2. SECTION 3. TERM.
Insert as a new second paragraph the following:
“TECHNOLOGY REFRESH WITH NEW FINANCING OPTION. Provided no Event of Default has occurred or is continuing
under this Schedule and the Agreement, Lessee may exercise the following technology refresh option ("Tech Refresh
Option") by delivering to Lessor an irrevocable written election notice to exercise the Tech Refresh Option at least 120 days
prior to the expiration of the Primary Term and by completing all of the following on or before the beginning of the last month
of the Primary Term (the “Tech Refresh Date”):
(i) Lessee returns all (but not less than all) of the Products on this Schedule (“Original Products”) to Lessor in the
same manner as described in the Agreement; and
(ii) Lessee enters into a new Schedule under the Agreement (the “New Lease”) with a primary term of at least 24
months for new equipment (“New Products”) which are, as determined by Lessor, of the same manufacture, type
and quality as the Original Products and which have a Total Product Cost that is at least 75% of the Total Product
Cost of the Original Products.
When Lessee completely fulfills the terms and conditions of the Tech Refresh option and has made all payments and
performed all other obligations under the Schedule and the Agreement, then this Schedule shall terminate and, except as
Page 190 of 404
Reference: Page 2 of 3
Master Lease Schedule DellFlex Option
provided in the Agreement, Lessee shall be relieved of all obligations under this Schedule. Notwithstanding the election by
Lessee of the Tech Refresh Option, the Schedule and Agreement shall remain in full force and effect and if the terms and
condition of the Tech Refresh Option are not fulfilled before the Tech Refresh Date, the Tech Refresh Option shall be null
and void and Lessee shall pay the final Rent payment due on the Tech Refresh Date.
3. SECTION 11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF LESSEE.
For purposes of this Schedule, add paragraphs (j) through (t) as follows:
“(j) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, including but not limited
to, the execution (and delivery to Lessor) of information statements requested by Lessor;
(k) Lessee will not do, cause to be done or fail to do any act if such act or failure to act will cause this Agreement, or any
transaction hereunder, to be an Arbitrage Bond within the meaning of Section 148 of the Code or a Private Activity Bond
within the meaning of Section 141 of the Code;
(l) The total cost of the Products listed in this Schedule will not be less than the total Principal Portion of the Rent listed
in this Schedule;
(m) The Products listed in this Schedule have or will be ordered within six months of the date hereof in order to commence
such Schedule;
(n) The Products listed in this Schedule are expected to be delivered and installed, and the Seller fully paid, within one
year from the date hereof;
(o) No fund or account which secures or otherwise relates to the Rent has been established;
(p) Lessee will not sell, encumber or otherwise dispose of any property comprising this Schedule prior to the final maturity
or termination of such Schedule without a written opinion of nationally recognized bond counsel to the effect that any such
disposition will not adversely affect the exclusion of interest on the Rent from gross income for federal income tax purposes;
(q) Lessee agrees to execute, deliver and provide Lessor with satisfactory evidence of the filing of such documentation,
as may be required for the purposes of properly reporting this Schedule, including, without limitation, IRS forms 8038-G or
8038-GC, as required under the Code;
(r) It is expected that Rent under this Schedule will be paid from periodic appropriations of the Lessee deposited into the
general fund of the Lessee, that such appropriations will equal the Rent due during each Fiscal Period of Lessee, and that
all amounts paid for Rent will be from an appropriation made by the Lessee during the Fiscal Period in which such Rent is
made;
(s) To the best of our knowledge, information and belief, the above expectations are reasonable; and
(t) Lessee will comply with all applicable provisions of the Code, including without limitation Sections 103, 141 and 148
thereof, and the applicable regulations of the Treasury Department to maintain the exclusion of the interest components of
Rent from gross income for purposes of federal income taxation.
Without limiting the generality of the foregoing, Lessor hereby gives notice to Lessee that, upon execution of this Schedule
by Lessor, Lessor shall assign all of its right, title and interest in, to and under this Schedule, including all Products and all
payments owing under such Schedule, to Dell Equipment Funding L.P. (“DEF”) pursuant to a purchase agreement between
the Lessor and DEF. Lessee hereby acknowledges and consents to such assignment and shall keep, or cause to be kept,
a complete and accurate record of all such assignments in a manner and form necessary to comply with Section 149(a) of
the Code and the Treasury Regulations promulgated thereunder. Lessor hereby directs Lessee to continue to make any
and all payments required to be made under this Schedule directly to Lessor, as servicing agent for DEF, at the same
address to which Lessee is currently making payments unless and until Lessor is directed by DEF to make such payments
to a different address or payee.”
4. SECTION 12. WARRANTY ASSIGNMENT; EXCLUSION OF WARRANTIES; LIMITATIONS ON LIABILITY;
FINANCE LEASE.
For purposes of this Schedule, delete “FINANCE LEASE” in the title of this Section and delete paragraph (d).
5. SECTION 17. OWNERSHIP; LIENS AND ENCUMBRANCES; LABELS.
Page 191 of 404
Reference: Page 3 of 3
Master Lease Schedule DellFlex Option
Insert at the end of this paragraph the following:
“If Lessee has not terminated the Lease in accordance with Section 5 of the Agreement and no Event of Default has occurred
and is continuing, then upon payment of all Rent and other amounts due under this Schedule and the Agreement, at the
end of the Lease Term, Lessee is entitled to Lessor's interest in the Products “AS IS, WHERE IS,” without any warranty or
representation by Lessor, express or implied, other than the absence of any liens by, through or under Lessor. Lessee will
deliver to Lessor documents reasonably requested by Lessor to give public notice of Lessor's interest in the Products.”
6. PURCHASE OPTION.
Provided that no Event of Default has occurred and is continuing, and upon satisfaction of all payment obligations herein
by Lessee, Lessee shall be entitled to Lessor's interest in the Products, AS IS, WHERE IS, WITHOUT WARRANTY OR
RECOURSE, EXPRESS, IMPLIED OR OTHERWISE, BY OR AGAINST LESSOR, INCLUDING ANY WARRANTIES OF
DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT, other than
the absence of any liens by, through or under Lessor.
As continuing security for Lessee’s obligations hereunder, Lessee hereby grants to Lessor, a first-priority security interest
in all of Lessee’s rights and interest in and to the Products and all proceeds thereof, free and clear of all security interests,
liens or encumbrances whatsoever.
7. COMPLETION OF SCHEDULE: Lessee hereby authorizes Lessor to insert or update the serial numbers of the
Products from time to time as necessary.
If Lessee delivers this signed Schedule, any amendment or other document related to this Schedule or the Master Lease
(each a “Document”) to Lessor by facsimile transmission, and Lessor does not receive all of the pages of that Document,
Lessee agrees that, except for any pages which require a signature, Lessor may supply the missing pages to the Document
from Lessor's database which conforms to the version number at the bottom of the page. If Lessee delivers a signed
Document to Lessor as an e-mail attachment, facsimile transmission or by U.S. mail, Lessee acknowledges that Lessor is
relying on Lessee's representation that the Document has not been altered. Lessee further agrees that, notwithstanding
any rule of evidence to the contrary, in any hearing, trial or proceeding of any kind with respect to a Document, Lessor may
produce a tangible copy of the Document transmitted by Lessee to Lessor by facsimile or as an e-mail attachment and such
signed copy shall be deemed to be the original of the Document. To the extent (if any) that the Document constitutes chattel
paper under the Uniform Commercial Code, the authoritative copy of the Document shall be the copy designated by Lessor
or its assignee, from time to time, as the copy available for access and review by Lessee, Lessor or its assignee. All other
copies are deemed identified as copies of the authoritative copy. In the event of inadvertent destruction of the authoritative
copy, or corruption of the authoritative copy for any reason or as the result of any cause, the authoritative copy may be
restored from a backup or archive copy, and the restored copy shall become the authoritative copy. At Lessor's option, this
electronic record may be converted into paper form. At such time, such paper copy will be designated or marked as the
authoritative copy of the Document.
By signing below, each of the parties hereto agrees to be bound by the terms of the Agreement, this Schedule and the
attached Exhibits “A” and "B".
"Lessee"
By:
Name:
Title:
Date:
DELL FINANCIAL SERVICES L.L.C.
“Lessor”
By:
Name:
Title:
Date:
Page 192 of 404
Page 1 of 2 PCaaS Schedule 9.15.2017
Internal Use - Confidential
[LESSEE LEGAL NAME]
PC as a SERVICE
MASTER AGREEMENT SCHEDULE NO. ________
THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER AGREEMENT NO.
________ ("Agreement") DATED ______, 20__ BETWEEN DELL FINANCIAL SERVICES L.L.C. ("Lessor") AND
_____________________ ("Lessee").
Lessor hereby agrees to lease and/or make available to Lessee subject to the terms, conditions and provisions set forth in this
Schedule and in the Agreement, the Products described below. Any capitalized term used herein and not defined herein shall have
the meaning ascribed to it in the Agreement.
PRODUCT DESCRIPTION AND LOCATION: See below or Exhibit A attached to and made a part hereof.
PRODUCT SELLER: Dell Marketing LP, One Dell Way, Round Rock, TX 78682
Description Number of Seats Per Seat Fee Rent
[Example: Equipment and Soft Cost Items set forth
in Dell Quote # 123456]
[Example: 1,000] [Example:
$50.00]
[Example: $50,000]
Total: $
Total Product Acquisition Cost: $_____________________
Primary Term: _____
Rent is payable: ____in advance; ____in arrears [specify]
Payment Period: ____ Monthly ____ Quarterly ____
Pro-rated Rent: does not apply
* Lessee is responsible for applicable taxes, shipping and other amounts as described in the Agreement, and, with the first payment of
Rent, any prorated Rent if applicable. Such amounts are further described in Exhibit A.
** The Commencement Date may be extended for one Payment Period until the Schedule is returned in accordance with the terms stated in
the Agreement. Lessor may charge Lessee prorated Rent accruing from the Acceptance Date to the Commencement Date, as such date is
finally determined.
For the purposes of this Schedule: a “Seat” means a unit of Equipment and the Soft Cost Items linked with that unit.
Flexible Consumption Terms:
Provided that no Event of Default has occurred and is continuing, Lessee may give irrevocable written notice to Lessor of its intention
to exercise one of the following three options: Flex Up; Flex Down; or a combination of Flex Up and Flex Down.
Flex Up
At any time during the Primary Term, Lessee may add additional Seats at any time by executing a new Schedule (subject to
credit and pricing approval).
Flex Down
Once, at any time after the half-way point of the Primary Term, and Provided that no Event of Default has occurred and is
continuing, Lessee may remove up to ___% of the Seats by providing at least 90 days’ notice to Lessor with such notice listing
the Equipment to be returned by serial number. If the Lessee has contracted with Product Seller for asset return services for the
Seat, then the removal of the Seat will be at no additional cost to the Lessee. Otherwise, Lessee is responsible for the costs of
returning the Seat in accordance with the Agreement. Upon Lessor’s receipt of the Seat, Lessee’s Rent over the remainder of
the Primary Term will be lowered to reflect the Seats received.
Combination
Once, at any time after the half-way point of the Primary Term, and Provided that no Event of Default has occurred and is
continuing, Customer may add additional Seats at any time by executing a new Schedule (subject to credit and pricing approval)
Page 193 of 404
Page 2 of 2 PCaaS Schedule 9.15.2017
Internal Use - Confidential
MASTER LEASE AGREEMENT SCHEDULE NO. _______
while at the same time removing up to ___% of the Seats by providing at least 90 days’ notice to Lessor with such notice listing
the Equipment to be returned by serial number. If the Lessee has contracted with Product Seller for asset return services for the
Seat, then the removal of the Seat will be at no additional cost to the Lessee. Otherwise, Customer is responsible for the costs
of returning the Seat in accordance with the Agreement. Upon Lessor’s receipt of the Seat, Lessee’s Rent over the remainder
of the Primary Term will be lowered to reflect the Seats received.
Extension Option
Provided that no Event of Default has occurred and is continuing, Lessee has two options upon giving notice at least 30 days prior
to the expiration of the Primary Term: (1) renew the Schedule for a mutually agreeable term, or (2) renew the Schedule on a month-
to-month basis, terminable upon 30 days notice from either party to the other. For both Renewal Terms, the Rent shall be the same
as the Rent during the Initial Term.
Holdover Period
If the Lessee has contracted with Dell for asset return services for a Seat, then Lessee is not liable for any amount beyond the
Base Term unless Lessee has exercised the above Extension Option or, through its actions or inactions, prevented Dell from
retrieving the Seat. Where Lessee prevented Dell from retrieving the Seat or has not contracted with Dell for asset return services
for a Seat, then in the event Lessee has not returned the Seat in accordance with the Agreement, the Term will automatically
extend for successive one-month terms in which case Lessee will pay Lessor the same Rent as during the Initial Term. Such
one-month terms will continue until Lessor’s receipt of the Seat.
COMPLETION OF SCHEDULE: Lessee hereby authorizes Lessor to insert or update the serial numbers of the Products from time
to time as necessary.
If Lessee delivers this signed Schedule, any amendment or other document related to this Schedule or the Master Lease (each
a “Document”) to Lessor by facsimile transmission, and Lessor does not receive all of the pages of that Document, Lessee
agrees that, except for any pages which require a signature, Lessor may supply the missing pages to the Document from
Lessor’s database which conforms to the version number at the bottom of the page. If Lessee delivers a signed Document to
Lessor as an e-mail attachment, facsimile transmission or by U.S. mail, Lessee acknowledges that Lessor is relying on Lessee’s
representation that the Document has not been altered. Lessee further agrees that, notwithstanding any rule of evidence to the
contrary, in any hearing, trial or proceeding of any kind with respect to a Document, Lessor may produce a tangible copy of the
Document transmitted by Lessee to Lessor by facsimile or as an e-mail attachment and such signed copy shall be deemed to
be the original of the Document. To the extent (if any) that the Document constitutes chattel paper under the Uniform Commercial
Code, the authoritative copy of the Document shall be the copy designated by Lessor or its assignee, from time to time, as the
copy available for access and review by Lessee, Lessor or its assignee. All other copies are deemed identified as copies of the
authoritative copy. In the event of inadvertent destruction of the authoritative copy, or corruption of the authoritative copy for
any reason or as the result of any cause, the authoritative copy may be restored from a backup or archive copy, and the restored
copy shall become the authoritative copy. At Lessor’s option, this electronic record may be converted into paper form. At such
time, such paper copy will be designated or marked as the authoritative copy of the Document.
By signing below, each of the parties hereto agrees to be bound by the terms of the Agreement, this Schedule and the attached
Exhibit A.
[LESSEE LEGAL NAME] DELL FINANCIAL SERVICES L.L.C.
(Lessee) (Lessor)
By: By:
(Authorized Signature) (Authorized Signature)
(Name/Title) (Name/Title)
(Date) (Date)
Page 194 of 404
Reference: Page 1 of 3
Master Lease Schedule Software Only - Public
LEASE PURCHASE SCHEDULE NO.
TO MASTER LEASE AGREEMENT NO.
(SOFTWARE AND/OR MAINTENANCE ONLY FINANCING SCHEDULE)
THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER LEASE
AGREEMENT NO. and any amendments, if applicable ("Agreement") DATED BETWEEN DELL
FINANCIAL SERVICES L.L.C. ("Lessor") AND ("Lessee”).
Lessor hereby agrees to lease and/or make available to Lessee subject to the terms, conditions and provisions set forth in
this Schedule and in the Agreement, the Products described below. Any capitalized term used herein and not defined
herein shall have the meaning ascribed to it in the Agreement.
PRODUCT DESCRIPTION AND LOCATION: See below or Exhibit “A” attached to and made a part hereof.
PRODUCT SELLER:
Product
Description
Product
Location
Lessee Purchase
Order No.
Rent* Primary Term
(Mos.)
Commencement
Date
See Exhibit 'A' See Exhibit 'A'
Total Product Acquisition Cost:
Rent is payable: in
Interest Rate:
Payment Period:
*Lessee is responsible for applicable taxes, shipping and other amounts as described in the Agreement, and, with the first
payment of Rent, any prorated Rent if applicable. Such amounts are further described in Exhibit “A”.
The following provisions shall apply with respect to this Schedule in addition to those provisions in the Agreement:
1. SECTION 4. RENT; TAXES; PAYMENT OBLIGATION:
Insert as a new last sentence to subsection (a) the following:
“For the purposes of this Schedule, the Rent, as well as the principal and interest comprising the Rent, and Purchase Price
as of the applicable Purchase Date are shown in the chart on Exhibit “B”, attached to and made a part hereof.
2. NATURE OF SCHEDULE. Lessee and Lessor acknowledge that this Schedule is strictly a financing arrangement
providing for the repayment of a lease purchase in the amount of the Lessor's Basis (as defined below) made by Lessor to
Lessee by performing Lessee's payment obligations to the Product Seller under Lessee's Purchase Order referenced above
and is to be repaid as and when set forth herein. The amount of the Rent payments provided for herein represents payments
of principal and interest on such lease purchase.
3. PRODUCTS CONSISTING SOLELY OF SOFTWARE AND RELATED SERVICES. The Products covered by this
Schedule consist exclusively of the Software identified on Exhibit A; that Lessee hereby acknowledges has been delivered,
installed, and accepted by Lessee. Lessee and Lessor agree that (i) any language in the Agreement pertaining to Lessor's
ownership of the Products and (ii) the following sections of the Agreement shall not apply to this Schedule: 8 (Return); 10
(Alterations); 14(a)(ii) (in so far as it purports to provide Lessor a right to sell, lease, or otherwise dispose of the Products
consisting of Software licenses that would violate the underlying license agreement); and, 17 (Ownership; Liens and
Encumbrances; Labels). Notwithstanding the foregoing, Lessee acknowledges that the remaining terms and conditions of
the Agreement shall apply to this Schedule including without limitation: Sections 4 (Rent; Taxes; Payment Obligation); 5
(Appropriation of Funds); 6 (Licensed Materials); 12 (Warranty Assignment; Exclusion of Warranties; Limitation of Liability;
Page 195 of 404
Reference: Page 2 of 3
Master Lease Schedule Software Only - Public
Finance Lease); and 16 (Indemnification). This Schedule shall terminate upon the expiration of the Primary Term without
extension or renewal; provided, however, that such termination of the Schedule shall not effect obligations of Lessee
accruing prior to the termination.
4. ADDITIONAL PROVISIONS. For purposes of this Schedule, the “Lessor's Basis” shall consist of the following
amounts: (i) the Total Product Acquisition Cost set forth above; plus (ii) all other amounts that become due and owing under
this Schedule that are not included in the amounts paid to Lessor pursuant to clause (i). As security for Lessee's obligations
hereunder and subject to applicable law and the Software license agreement, Lessee grants Lessor, a first-priority security
interest in all of Lessee's rights and interest in and to the Products (including with respect to any Software or services,
Lessee's right to use the Software and right to obtain the services) and all proceeds thereof (including without limitation any
refunds with respect to the Software or associated services financed under this Schedule (each a “Refund”) that are received
by Lessee or that Lessee has a right to receive), free and clear of all security interests, liens or encumbrances whatsoever.
Upon Lessor's written instructions after an Event of Default or a non-appropriation pursuant to Section 5 with respect to this
Schedule, Lessee agrees to (a) immediately cease using the Software, (b) deinstall and delete all copies of the Software
from any computer systems owned or controlled by Lessee or used for Lessee's benefit, and (c) provide Lessor with a
certificate signed by an authorized representative of Lessee attesting to such cessation of use and maintenance,
deinstallation, deletion and destruction. In the event that Lessee shall be entitled to a Refund from the Software licensor,
Lessee authorizes Lessor to deliver a copy of this Schedule to the licensor as evidence of Lessee's consent to Lessor's
collection and receipt of the Refund directly; provided, however, nothing herein shall obligate Lessor to pursue Lessee's
Refund rights (if any do exist) or modify, excuse or limit Lessee's obligations pursuant to this Schedule that Lessee
acknowledges and agrees are absolute and unconditional, subject to Lessee’s right to non-appropriate pursuant to Section
5 of the Agreement. Lessor shall apply any Refund actually received by Lessor against the next scheduled Rent payment(s)
and all other amounts owed under this Schedule. Lessee agrees that, except in the case of a non-appropriation pursuant
to Section 5, it shall owe any unpaid amounts hereunder remaining after application of such Refund. Finally, pursuant to
applicable laws, the Stipulated Loss Value that Lessee may be required to pay Lessor upon an Event of Default under this
Schedule shall equal the total sum of the then remaining payments due and unpaid under this Schedule for the Primary
Term discounted at the lesser of (x) the discount rate of the Federal Reserve Bank of Chicago on the Commencement Date
of this Schedule and (y) the interest rate set forth above.
5. ASSIGNMENT. Lessor hereby gives notice to Lessee that, upon execution of this Schedule by Lessor, Lessor shall
assign all of its right, title and interest in, to and under this Schedule, including all Products and all payments owing under
such Schedule, to Dell Equipment Funding L.P. (“DEF”) pursuant to a purchase agreement between the Lessor and DEF.
Lessee hereby acknowledges and consents to such assignment and shall keep, or cause to be kept, a complete and
accurate record of all such assignments in a manner and form necessary to comply with all applicable laws. Lessor hereby
directs Lessee to continue to make any and all payments required to be made under this Schedule directly to Lessor, as
servicing agent for DEF, at the same address to which Lessee is currently making payments unless and until Lessor is
directed by DEF to make such payments to a different address or payee.
6. COMPLETION OF SCHEDULE. Lessee hereby authorizes Lessor to insert or update the serial numbers of the
Products as necessary.
If Lessee delivers this signed Schedule, any amendment or other document related to this Schedule or the Master Lease
(each a “Document”) to Lessor by facsimile transmission, and Lessor does not receive all of the pages of that Document,
Lessee agrees that, except for any pages which require a signature, Lessor may supply the missing pages to the Document
from Lessor's database which conforms to the version number at the bottom of the page. If Lessee delivers a signed
Document to Lessor as an e-mail attachment, facsimile transmission or by U.S. mail, Lessee acknowledges that Lessor is
relying on Lessee's representation that the Document has not been altered. Lessee further agrees that, notwithstanding
any rule of evidence to the contrary, in any hearing, trial or proceeding of any kind with respect to a Document, Lessor may
produce a tangible copy of the Document transmitted by Lessee to Lessor by facsimile or as an e-mail attachment and such
signed copy shall be deemed to be the original of the Document. To the extent (if any) that the Document constitutes chattel
paper under the Uniform Commercial Code, the authoritative copy of the Document shall be the copy designated by Lessor
or its assignee, from time to time, as the copy available for access and review by Lessee, Lessor or its assignee. All other
copies are deemed identified as copies of the authoritative copy. In the event of inadvertent destruction of the authoritative
copy, or corruption of the authoritative copy for any reason or as the result of any cause, the authoritative copy may be
restored from a backup or archive copy, and the restored copy shall become the authoritative copy. At Lessor's option, this
electronic record may be converted into paper form. At such time, such paper copy will be designated or marked as the
authoritative copy of the Document.
Page 196 of 404
Reference: Page 3 of 3
Master Lease Schedule Software Only - Public
By signing below, each of the parties hereto agrees to be bound by the terms of the Agreement, this Schedule and the
attached Exhibits “A” and "B".
"Lessee"
By:
Name:
Title:
Date:
DELL FINANCIAL SERVICES L.L.C.
“Lessor”
By:
Name:
Title:
Date:
Page 197 of 404
Dell Customer Communication - Confidential
Ancillary Documents:
Validity Opinion
Red Book Bond Tax Opinion (Tax Exempt
Leases over 5M)
8038 G
8038 GC
Page 198 of 404
Reference: Page 1 of 1
Validity Opinion Letter - Public
Internal Use - Confidential
SAMPLE VALIDITY OPINION LETTER
TO BE EXECUTED ON COUNSEL'S LETTERHEAD
To:
Ladies and Gentlemen:
We are counsel to (the "Lessee") and, in that capacity, we have examined Master Lease Agreement No. , dated
as of , and the Lease Schedule No. to Master Lease Agreement No thereto, dated as of (collectively the
"Agreement"), between the Lessee and Dell Financial Services L.L.C. (the "Lessor").
Based on our examination of the Agreement and such other examinations as we have deemed appropriate, we are of the
opinion as follows:
(a) The Lessee is an entity duly organized and existing under and by virtue of the authorizing statute or constitutional provisions
of the State of ___________________________ and is a state or political subdivision thereof as described in Section 103(a) of the
Internal Revenue Code of 1986, as amended, with full power and authority to enter into the Agreement and the transactions contemplated
thereby and to perform all of its obligations thereunder;
(b) The Agreement has been duly authorized, executed and delivered by ________________________*,
________________________ of the Lessee by proper action of its governing board at a meeting duly called, regularly convened and
attended throughout by the requisite majority of the members thereof or by other appropriate official approval, and all requirements have
been met and procedures have occurred in order to ensure the validity and enforceability of the Agreement against the Lessee;
(c) The Agreement constitutes the valid, legal and binding obligation of the Lessee, enforceable in accordance with its terms;
(d) No approval, consent or withholding of objection is required from any federal, state or local governmental authority or
instrumentality with respect to the entering into or performance by the Lessee of the Agreement and the transactions contemplated
thereby;
(e) Lessee has complied with any applicable public bidding requirements and other applicable state and federal laws in
connection with the Agreement and the transactions contemplated thereby;
(f) The entering into and performance of the Agreement will not violate any judgment, order, law or regulation applicable to
the Lessee or result in any breach of, or constitute a default under, any instrument to which the Lessee is a party or by which it or its
assets may be bound, or result in the creation of any lien, charge, security interest or other encumbrance upon any assets of the Lessee
or on the Products, other than those created by the Agreement;
(g) The Products are tangible personal property and when subject to use by the Lessee will not be or become fixtures or real
property under the laws of the State of ___________________________;
(h) There are no actions, suits, proceedings, inquiries or investigations, at law or in equity, before or by any court, public board
or body, pending or threatened against or affecting, nor to the best of our knowledge and belief is there any basis therefor, which, if
determined adversely to Lessee, will have a material adverse effect on the ability of the Lessee to fulfill its obligations under the Agreement;
and
(i) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for Lessee's
current Fiscal Period to make the Rent payments scheduled to come due during Lessee's current Fiscal Period and to meet its other
obligations under the Agreement for the current Fiscal Period, and such funds have not been expended for other purposes.
This opinion is delivered to the addressee for its benefit and the benefit of its assigns for the purpose contemplated by the Agreement.
Very truly yours,
*Authorized Signatory of Lessee under the Agreement.
Page 199 of 404
DFS Public Tax-Exempt LP Opinion Letter.012208
Dell Customer Communication Ͳ Confidential
SAMPLE OPINION LETTER FOR TAX-EXEMPT LEASE PURCHASE TRANSACTIONS
TO BE EXECUTED ON COUNSEL'S LETTERHEAD
To: Dell Financial Services L.L.C.
12234 N. IH 35
Austin, TX 78753-1705
ATTN:___________________
Ladies and Gentlemen:
We are counsel to _______________ (the "Lessee") and in that capacity we have examined Master Lease
Agreement No. _____, dated as of _________, 20__, and the Tax Exempt Lease Schedule No. ____ to Master
Lease Agreement No. ____ thereto, dated as of _____________ __, 20__ (collectively the "Agreement"), between
the Lessee and Dell Financial Services L.L.C. (the "Lessor").
Based on our examination of the Agreement, the information statement(s) required for purposes of Section
149(e) of the Internal Revenue Code of 1986, as amended (the “Code”) and such other documents, records, papers
as we have deemed appropriate, we are of the opinion as follows:
(a) The Lessee is an entity duly organized and existing under and by virtue of the authorizing statute or
constitutional provisions of the State of ______ and is a state or political subdivision thereof as described in Section
103(a) of the Code, with full power and authority to enter into the Agreement and the transactions contemplated
thereby and to perform all of its obligations thereunder;
(b) The Agreement has been duly authorized, executed and delivered by _____________*,
_____________ of the Lessee by proper action of its governing board at a meeting duly called, regularly convened
and attended throughout by the requisite majority of the members thereof or by other appropriate official approval,
and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability
of the Agreement against the Lessee;
(c) The Agreement constitutes the valid, legal and binding obligation of the Lessee, enforceable in
accordance with its terms;
(d) No approval, consent or withholding of objection is required from any federal, state or local
governmental authority or instrumentality with respect to the entering into or performance by the Lessee of the
Agreement and the transactions contemplated thereby;
(e) Lessee has complied with any applicable public bidding requirements and other applicable state
and federal laws in connection with the Agreement and the transactions contemplated thereby;
(f) The entering into and performance of the Agreement will not violate any judgment, order, law or
regulation applicable to the Lessee or result in any breach of, or constitute a default under, any instrument to which
the Lessee is a party or by which it or its assets may be bound, or result in the creation of any lien, charge, security
interest or other encumbrance upon any assets of the Lessee or on the Products, other than those created by the
Agreement;
(g) The Products are tangible personal property and when subject to use by the Lessee will not be or
become fixtures or real property under the laws of the State of _________;
(h) There are no actions, suits, proceedings, inquiries or investigations, at law or in equity, before or by
any court, public board or body, pending or threatened against or affecting, nor to the best of our knowledge and
belief is there any basis therefor, which, if determined adversely to Lessee, will have a material adverse effect on the
ability of the Lessee to fulfill its obligations under the Agreement;
(i) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient
funds for Lessee’s current Fiscal Period to make the Rent payments scheduled to come due during Lessee’s current
Fiscal Period and to meet its other obligations under the Agreement for the current Fiscal Period, and such funds
have not been expended for other purposes;
(j) Lessee’s obligation(s) under the Agreement is/are a State or local bond within the meaning of
Page 200 of 404
DFS Public Tax-Exempt LP Opinion Letter.012208
Dell Customer Communication Ͳ Confidential
Section 103 of the Code;
(k) The Agreement does not constitute an arbitrage bond within the meaning of Section 148 of the
Code or a private activity bond within the meaning of Section 141 of the Code; and
(l) The interest portion of the Rent due under the Agreement is not includable in gross income for
Federal income tax purposes under the Code and will not constitute a tax preference under Section 57 of the Code
for purposes of computing the alternative minimum tax imposed pursuant to Section 55 of the Code.
This opinion is delivered to the addressee for its benefit and the benefit of its assigns for the purpose
contemplated by the Agreement and may be relied upon by special tax counsel if one is retained to render an opinion
as to the exemption from federal income taxation of the interest component of payments to be made by Lessee
pursuant to the Agreement.
Very truly yours,
*Authorized Signatory of Lessee under the Agreement.
Page 201 of 404
Form 8038-G
(Rev. October 2021)
Department of the Treasury
Internal Revenue Service
Information Return for Tax-Exempt Governmental Bonds
▶ Under Internal Revenue Code section 149(e)
▶ See separate instructions.
Caution: If the issue price is under $100,000, use Form 8038-GC.
▶ Go to www.irs.gov/F8038G for instructions and the latest information.
OMB No. 1545-0047
Part I Reporting Authority Check box if Amended Return ▶
1 Issuer’s name 2 Issuer’s employer identification number (EIN)
3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a
4 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 5 Report number (For IRS Use Only)
3
6 City, town, or post office, state, and ZIP code 7 Date of issue
8 Name of issue 9 CUSIP number
10a Name and title of officer or other employee of the issuer whom the IRS may call for more information 10b Telephone number of officer or other
employee shown on 10a
Part II Type of Issue (Enter the issue price.) See the instructions and attach schedule.
11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . .
16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 Other. Describe ▶
19a If bonds are TANs or RANs, check only box 19a .......................................................................... ▶
b If bonds are BANs, check only box 19b ...................................................................................▶
20 If bonds are in the form of a lease or installment sale, check box ................................................ ▶
11
12
13
14
15
16
17
18
Part III Description of Bonds. Complete for the entire issue for which this form is being filed.
21
(a) Final maturity date
(b) Issue price (c) Stated redemption
price at maturity
(d) Weighted
average maturity
(e) Yield
$ $ years %
Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount)
22
23
Proceeds used for accrued interest . . . . . . . . . . . . .
Issue price of entire issue (enter amount from line 21, column (b)) . . .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
22
23
24
25
26
27
28
Proceeds used for bond issuance costs (including underwriters’ discount)
Proceeds used for credit enhancement . . . . . . . . . . . .
Proceeds allocated to reasonably required reserve or replacement fund .
Proceeds used to refund prior tax-exempt bonds. Complete Part V . . .
Proceeds used to refund prior taxable bonds. Complete Part V . . . .
24
25
26
27
28
29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . .
30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . .
29
30
Part V Description of Refunded Bonds. Complete this part only for refunding bonds.
31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . . ▶ years
32 Enter the remaining weighted average maturity of the taxable bonds to be refunded . . . . ▶ years
33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) . . ▶
34 Enter the date(s) the refunded bonds were issued ▶ (MM/DD/YYYY)
For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev. 10-2021)
Page 202 of 404
▲ Form 8038-G (Rev. 10-2021) Page 2
Part VI Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . .
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract
(GIC). See instructions . . . . . . . . . . . . . . . . . . . . . . . . .
b Enter the final maturity date of the GIC ▶ (MM/DD/YYYY)
c Enter the name of the GIC provider ▶
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans
to other governmental units . . . . . . . . . . . . . . . . . . . . . . . .
38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ▶ and enter the following information:
b Enter the date of the master pool bond ▶ (MM/DD/YYYY)
c Enter the EIN of the issuer of the master pool bond ▶
d Enter the name of the issuer of the master pool bond ▶
39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box ........................ ▶
40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box .................................................................. ▶
41a If the issuer has identified a hedge, check here ▶ and enter the following information:
b Name of hedge provider ▶
c Type of hedge ▶
d Term of hedge ▶
42 If the issuer has superintegrated the hedge, check box ....................................................................................................... ▶
43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated
according to the requirements under the Code and Regulations (see instructions), check box ........................................... ▶
44 If the issuer has established written procedures to monitor the requirements of section 148, check box ........................... ▶
45a If some portion of the proceeds was used to reimburse expenditures, check here ▶ and enter the amount
of reimbursement ..................................................................... ▶
b Enter the date the official intent was adopted ▶ (MM/DD/YYYY)
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge
Signature
and
Consent
and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to
process this return, to the person that I have authorized above.
Signature of issuer’s authorized representative Date Type or print name and title
Paid Print/Type preparer’s name Preparer’s signature Date Check if PTIN
Preparer
Use Only
Firm’s name ▶
Firm’s address ▶
self-employed
Firm’s EIN ▶
Phone no.
Form 8038-G (Rev. 10-2021) ▲ 35
36a
37
Page 203 of 404
Form 8038-GC
(Rev. October 2021)
Department of the Treasury
Internal Revenue Service
Information Return for Small Tax-Exempt Governmental Bond Issues, Leases, and Installment Sales
▶ Under Internal Revenue Code section 149(e)
Caution: If the issue price of the issue is $100,000 or more, use Form 8038-G.
▶ Go to www.irs.gov/Form8038GC for instructions and the latest information.
OMB No. 1545-0047
Part I Reporting Authority Check box if Amended Return ▶
1 Issuer’s name 2 Issuer’s employer identification number (EIN)
3 Number and street (or P.O. box if mail isn’t delivered to street address) Room/suite
4 City, town, or post office, state, and ZIP code 5 Report number (For IRS Use Only)
6 Name and title of officer or other employee of issuer or designated contact person whom the IRS may call for more information 7 Telephone number of officer or legal representative
Part II Description of Obligations Check one box:
8a Issue price of obligation(s) (see instructions) . . . . .
Single issue
. . . . . .
Consolidated return
. . . . . . . .
b Issue date (single issue) or calendar date (consolidated). Enter date in MM/DD/YYYY format (for
example, 01/01/2009) (see instructions) ▶
9 Amount of the reported obligation(s) on line 8a that is:
a For leases for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . .
b For leases for office equipment . . . . . . . . . . . . . . . . . . . . . . . .
c For leases for real property . . . . . . . . . . . . . . . . . . . . . . . . .
d For leases for other (see instructions) . . . . . . . . . . . . . . . . . . . . . .
e For bank loans for vehicles . . . . . . . . . . . . . . . . . . . . . . . . .
f For bank loans for office equipment . . . . . . . . . . . . . . . . . . . . . .
g For bank loans for real property . . . . . . . . . . . . . . . . . . . . . . .
h For bank loans for other (see instructions) . . . . . . . . . . . . . . . . . . . .
i Used to refund prior issue(s) . . . . . . . . . . . . . . . . . . . . . . . .
j Representing a loan from the proceeds of another tax-exempt obligation (for example, bond bank) .
k Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check this box .................... ▶
11 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box (see instructions) ................................... ▶
12 Vendor’s or bank’s name:
13 Vendor’s or bank’s employer identification number:
Future Developments
For the latest information about developments
related to Form 8038-GC and its instructions,
such as legislation enacted after they were
published, go to www.irs.gov/Form8038GC.
General Instructions
Section references are to the Internal Revenue
Code unless otherwise noted.
Purpose of Form
Form 8038-GC is used by the issuers of tax-
exempt governmental obligations to provide
the IRS with the information required by
section 149(e) and to monitor the
requirements of sections 141 through 150.
Who Must File
Issuers of tax-exempt governmental
obligations with issue prices of less than
$100,000 must file Form 8038-GC.
Issuers of a tax-exempt governmental
obligation with an issue price of $100,000 or
more must file Form 8038-G, Information
Return for Tax-Exempt Governmental Bonds.
Filing a separate return for a single issue.
Issuers have the option to file a separate
Form 8038-GC for any tax-exempt
governmental obligation with an issue price of
less than $100,000.
An issuer of a tax-exempt bond used to
finance construction expenditures must file a
separate Form 8038-GC for each issue to give
notice to the IRS that an election was made to
pay a penalty in lieu of arbitrage rebate. See
the instructions for line 11, later.
Filing a consolidated return for multiple
issues. For all tax-exempt governmental
obligations with issue prices of less than
$100,000 that aren’t reported on a separate
Form 8038-GC, an issuer must file a
consolidated information return including all
such issues issued within the calendar year.
Thus, an issuer may file a separate Form
8038-GC for each of a number of small issues
and report the remainder of small issues
issued during the calendar year on one
consolidated Form 8038-GC. However, if the
issue is a construction issue, a separate Form
8038-GC must be filed to give the IRS notice
of the election to pay a penalty in lieu of
arbitrage rebate.
For Paperwork Reduction Act Notice, see instructions. Cat. No. 64108B Form 8038-GC (Rev. 10-2021)
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and
Signature belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to
process this return, to the person(s) that I have authorized above.
and
Consent
Signature of issuer’s authorized representative Date Type or print name and title
Paid
Preparer
Use Only
PTIN
Firm’s EIN ▶
Phone no. Firm’s address ▶
Firm’s name ▶
Check if
self-employed
Date Preparer’s signature Print/Type preparer’s name ▲ ▲ 8a
9a
9b
9c
9d
9e
9f
9g
9h
9i
9j
9k
Page 204 of 404
Page 2 Form 8038-GC (Rev. 10-2021)
When To File
To file a separate return for a single issue, file
Form 8038-GC on or before the 15th day of
the 2nd calendar month after the close of the
calendar quarter in which the issue is issued.
To file a consolidated return for multiple
issues, file Form 8038-GC on or before
February 15 of the calendar year following the
year in which the issue is issued.
Late filing. An issuer may be granted an
extension of time to file Form 8038-GC under
section 3 of Rev. Proc. 2002-48, 2002-37
I.R.B. 531, if it is determined that the failure to
file on time isn’t due to willful neglect. Write at
the top of the form, “Request for Relief under
section 3 of Rev. Proc. 2002-48.” Attach to
the Form 8038-GC a letter briefly stating why
the form wasn’t submitted to the IRS on time.
Also, indicate whether the obligation in
question is under examination by the IRS.
Don’t submit copies of any bond documents,
leases, or installment sale documents. See
Where To File next.
Where To File
File Form 8038-GC and any attachments at
the following address.
Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201
Private delivery services (PDS). You can use
certain PDS designated by the IRS to meet
the “timely mailing as timely filing/paying” rule
for tax returns and payments. These PDS
include only the following:
• DHL Express (DHL): DHL Same Day Service.
• Federal Express (FedEx): FedEx Priority
Overnight, FedEx Standard Overnight, FedEx
2Day, FedEx International Priority, and FedEx
International First.
• United Parcel Service (UPS): UPS Next Day
Air, UPS Next Day Air Saver, UPS 2nd Day
Air, UPS 2nd Day Air A.M., UPS Worldwide
Express Plus, and UPS Worldwide Express.
The PDS can tell you how to get written
proof of the mailing date.
Other Forms That May Be
Required
For rebating arbitrage (or paying a penalty in
lieu of arbitrage rebate) to the federal
government, use Form 8038-T, Arbitrage
Rebate, Yield Reduction and Penalty in Lieu
of Arbitrage Rebate. For private activity
bonds, use Form 8038, Information Return for
Tax-Exempt Private Activity Bond Issues.
For a tax-exempt governmental obligation
with an issue price of $100,000 or more, use
Form 8038-G.
Rounding to Whole Dollars
You may show the money items on this return
as whole-dollar amounts. To do so, drop any
amount less than 50 cents and increase any
amount from 50 to 99 cents to the next higher
dollar. For example, $1.49 becomes $1 and
$2.50 becomes $3. If two or more amounts
must be added to figure the amount to enter
on a line, include cents when adding the
amounts and round off only the total.
Definitions
Obligations. This refers to a single tax-
exempt governmental obligation if Form
8038-GC is used for separate reporting or to
multiple tax-exempt governmental obligations
if the form is used for consolidated reporting.
Tax-exempt obligation. This is any obligation
including a bond, installment purchase
agreement, or financial lease on which the
interest is excluded from income under
section 103.
Tax-exempt governmental obligation. A
tax-exempt obligation that isn’t a private
activity bond (see below) is a tax-exempt
governmental obligation. This includes a bond
issued by a qualified volunteer fire department
under section 150(e).
Private activity bond. This includes an
obligation issued as part of an issue in which:
• More than 10% of the proceeds are to be
used for any private activity business use, and
• More than 10% of the payment of principal
or interest of the issue is either (a) secured by
an interest in property to be used for a private
business use (or payments for such property)
or (b) to be derived from payments for
property (or borrowed money) used for a
private business use.
It also includes a bond, the proceeds of
which (a) are to be used to make or finance
loans (other than loans described in section
141(c)(2)) to persons other than governmental
units and (b) exceeds the lesser of 5% of the
proceeds or $5 million.
Issue. Generally, obligations are treated as
part of the same issue only if they are issued
by the same issuer, on the same date, and as
part of a single transaction, or a series of
related transactions. However, obligations
issued during the same calendar year (a)
under a loan agreement under which amounts
are to be advanced periodically (a “draw-
down loan”) or (b) with a term not exceeding
270 days, may be treated as part of the same
issue if the obligations are equally and ratably
secured under a single indenture or loan
agreement and are issued under a common
financing arrangement (for example, under the
same official statement periodically updated
to reflect changing factual circumstances).
Also, for obligations issued under a draw-
down loan that meets the requirements of the
preceding sentence, obligations issued during
different calendar years may be treated as
part of the same issue if all of the amounts to
be advanced under the draw-down loan are
reasonably expected to be advanced within 3
years of the date of issue of the first
obligation. Likewise, obligations (other than
private activity bonds) issued under a single
agreement that is in the form of a lease or
installment sale may be treated as part of the
same issue if all of the property covered by
that agreement is reasonably expected to be
delivered within 3 years of the date of issue of
the first obligation.
Arbitrage rebate. Generally, interest on a
state or local bond isn’t tax-exempt unless
the issuer of the bond rebates to the United
States arbitrage profits earned from investing
proceeds of the bond in higher yielding
nonpurpose investments. See section 148(f).
Construction issue. This is an issue of tax-
exempt bonds that meets both of the
following conditions:
1. At least 75% of the available
construction proceeds of the issue are to be
used for construction expenditures with
respect to property to be owned by a
governmental unit or a 501(c)(3) organization,
and
2. All of the bonds that are part of the issue
are qualified 501(c)(3) bonds, bonds that
aren’t private activity bonds, or private activity
bonds issued to finance property to be owned
by a governmental unit or a 501(c)(3)
organization.
In lieu of rebating any arbitrage that may be
owed to the United States, the issuer of a
construction issue may make an irrevocable
election to pay a penalty. The penalty is equal
to 1-1/2% of the amount of construction
proceeds that do not meet certain spending
requirements. See section 148(f)(4)(C) and the
Instructions for Form 8038-T.
Specific Instructions
In general, a Form 8038-GC must be
completed on the basis of available
information and reasonable expectations as of
the date of issue. However, forms that are
filed on a consolidated basis may be
completed on the basis of information readily
available to the issuer at the close of the
calendar year to which the form relates,
supplemented by estimates made in good
faith.
Part I—Reporting Authority
Amended return. An issuer may file an
amended return to change or add to the
information reported on a previously filed
return for the same date of issue. If you are
filing to correct errors or change a previously
filed return, check the Amended Return box in
the heading of the form.
The amended return must provide all the
information reported on the original return, in
addition to the new corrected information.
Attach an explanation of the reason for the
amended return and write across the top
“Amended Return Explanation.”
Line 1. The issuer’s name is the name of the
entity issuing the obligations, not the name of
the entity receiving the benefit of the
financing. In the case of a lease or installment
sale, the issuer is the lessee or purchaser.
Line 2. An issuer that doesn’t have an
employer identification number (EIN) should
apply for one online by visiting the IRS
website at www.irs.gov/EIN. The organization
may also apply for an EIN by faxing or mailing
Form SS-4 to the IRS.
Lines 3 and 4. Enter the issuer’s address or
the address of the designated contact person
listed on line 6. If the issuer wishes to use its
own address and the issuer receives its mail
in care of a third party authorized
representative (such as an accountant or
attorney), enter on the street address line
“C/O” followed by the third party’s name and
street address or P.O. box. Include the suite,
room, or other unit number after the street
address. If the post office doesn’t deliver
Page 205 of 404
Page 3 Form 8038-GC (Rev. 10-2021)
mail to the street address and the issuer has a
P.O. box, show the box number instead of the
street address. If a change in address occurs
after the return is filed, use Form 8822,
Change of Address, to notify the IRS of the
new address.
Note: The address entered on lines 3 and 4 is
the address the IRS will use for all written
communications regarding the processing of
this return, including any notices. By
authorizing a person other than an authorized
officer or other employee of the issuer to
communicate with the IRS and whom the IRS
may contact about this return, the issuer
authorizes the IRS to communicate directly
with the individual listed on line 6, whose
address is entered on lines 3 and 4 and
consents to disclose the issuer’s return
information to that individual, as necessary, to
process this return.
Line 5. This line is for IRS use only. Don’t
make any entries in this box.
Part II—Description of Obligations
Check the appropriate box designating this as
a return on a single issue basis or a
consolidated return basis.
Line 8a. The issue price of obligations is
generally determined under Regulations
section 1.148-1(b). Thus, when issued for
cash, the issue price is the price at which a
substantial amount of the obligations are sold
to the public. To determine the issue price of
an obligation issued for property, see sections
1273 and 1274 and the related regulations.
Line 8b. For a single issue, enter the date of
issue (for example, 03/15/2020 for a single
issue issued on March 15, 2020), generally
the date on which the issuer physically
exchanges the bonds that are part of the
issue for the underwriter’s (or other
purchaser’s) funds; for a lease or installment
sale, enter the date interest starts to accrue.
For issues reported on a consolidated basis,
enter the first day of the calendar year during
which the obligations were issued (for
example, for calendar year 2020, enter
01/01/2020).
Lines 9a through 9h. Complete this section if
property other than cash is exchanged for the
obligation, for example, acquiring a police car,
a fire truck, or telephone equipment through a
series of monthly payments. (This type of
obligation is sometimes referred to as a
“municipal lease.”) Also, complete this section
if real property is directly acquired in
exchange for an obligation to make periodic
payments of interest and principal.
Don’t complete lines 9a through 9d if the
proceeds of an obligation are received in the
form of cash even if the term “lease” is used
in the title of the issue. For lines 9a through
9d, enter the amount on the appropriate line
that represents a lease or installment
purchase. For line 9d, enter the type of item
that is leased. For lines 9e through 9h, enter
the amount on the appropriate line that
represents a bank loan. For line 9h, enter the
type of bank loan.
Lines 9i and 9j. For line 9i, enter the amount
of the proceeds that will be used to pay
principal, interest, or call premium on any
other issue of bonds, including proceeds that
will be used to fund an escrow account for
this purpose. Several lines may apply to a
particular obligation. For example, report on
lines 9i and 9j obligations used to refund prior
issues which represent loans from the
proceeds of another tax-exempt obligation.
Line 9k. Enter on line 9k the amount on line
8a that doesn’t represent an obligation
described on lines 9a through 9j.
Line 10. Check this box if the issuer has
designated any issue as a “small issuer
exception” under section 265(b)(3)(B)(i)(III).
Line 11. Check this box if the issue is a
construction issue and an irrevocable election
to pay a penalty in lieu of arbitrage rebate has
been made on or before the date the bonds
were issued. The penalty is payable with a
Form 8038-T for each 6-month period after
the date the bonds are issued. Don’t make
any payment of penalty in lieu of rebate with
Form 8038-GC. See Rev. Proc. 92-22,
1992-1 C.B. 736, for rules regarding the
“election document.”
Line 12. Enter the name of the vendor or bank
who is a party to the installment purchase
agreement, loan, or financial lease. If there are
multiple vendors or banks, the issuer should
attach a schedule.
Line 13. Enter the employer identification
number of the vendor or bank who is a party
to the installment purchase agreement, loan,
or financial lease. If there are multiple vendors
or banks, the issuer should attach a schedule.
Signature and Consent
An authorized representative of the issuer
must sign Form 8038-GC and any applicable
certification. Also, write the name and title of
the person signing Form 8038-GC. The
authorized representative of the issuer signing
this form must have the authority to consent
to the disclosure of the issuer’s return
information, as necessary to process this
return, to the person(s) that has been
designated in this form.
Note: If the issuer authorizes on line 6 the IRS
to communicate with a person other than an
officer or other employee of the issuer (such
authorization shall include contact both in
writing regardless of the address entered on
lines 3 and 4, and by telephone), by signing
this form, the issuer’s authorized
representative consents to the disclosure of
the issuer’s return information, as necessary
to process this return, to such person.
Paid Preparer
If an authorized representative of the issuer
filled in its return, the paid preparer’s space
should remain blank. Anyone who prepares
the return but does not charge the
organization shouldn’t sign the return. Certain
others who prepare the return shouldn’t sign.
For example, a regular, full-time employee of
the issuer, such as a clerk, secretary, etc.,
shouldn’t sign.
Generally, anyone who is paid to prepare a
return must sign it and fill in the other blanks
in the Paid Preparer Use Only area of the
return. A paid preparer cannot use a social
security number in the Paid Preparer Use Only
box. The paid preparer must use a preparer
tax identification number (PTIN). If the paid
preparer is self-employed, the preparer
should enter his or her address in the box.
The paid preparer must:
• Sign the return in the space provided for the
preparer’s signature, and
• Give a copy of the return to the issuer.
Paperwork Reduction Act Notice
We ask for the information on this form to
carry out the Internal Revenue laws of the
United States. You are required to give us the
information. We need it to ensure that you are
complying with these laws.
You are not required to provide the
information requested on a form that is
subject to the Paperwork Reduction Act
unless the form displays a valid OMB control
number. Books or records relating to a form
or its instructions must be retained as long as
their contents may become material in the
administration of any Internal Revenue law.
Generally, tax returns and return information
are confidential, as required by section 6103.
The time needed to complete and file this
form will vary depending on individual
circumstances. The estimated burden for tax
exempt organizations filing this form is
approved under OMB control number
1545-0047 and is included in the estimates
shown in the instructions for their information
return.
If you have suggestions for making this
form simpler, we would be happy to hear from
you. You can send us comments through
www.irs.gov/FormComments. Or you can
write to:
Internal Revenue Service
Tax Forms and Publications
1111 Constitution Ave. NW, IR-6526
Washington, DC 20224
Do not send Form 8038-GC to this
address. Instead, see Where To File, earlier.
Page 206 of 404
DFS Public Payment Agreement Sep2021
Internal Use - Confidential
Dell Financial Services Public Payment Agreement
Page 207 of 404
DFS Public Payment Agreement Sep2021
Internal Use - Confidential
Payment Agreement - PUBLIC Contract Number xxx-xxxxxx-xxx
PAYMENT AGREEMENT – PUBLIC
Customer: Billing Contact:
Address: Billing Address:
Software Licensor: [SW Licensor]
Vendor: [Name of reseller/seller]
Products: Software, equipment and services as described in [Description of Vendor Contract/Order/Agreement (s) #] (“Agreement”)
This Payment Agreement ("PA") is made effective as of _[DATE] between the Customer named above ("Customer") and Dell
Financial Services L.L.C. ("Payee") pursuant to the following: Customer and the Software Licensor and/or Vendor have entered into the
above referenced Agreement (including any addenda, amendments, exhibits and schedules attached thereto) in connection with th e
acquisition of “Products” including as applicable, certain equipment, software licenses ("Licensed Software"), and services to
Customer. Pursuant to the Agreement, Customer is obligated to pay Vendor(s) the total fees described below (“Fees"). Payee and
Customer have agreed that instead of Customer paying the Fees as described in the Agreement, Customer shall pay Payee installment
payments ("Payment Amounts") as set forth in the Payment Schedule below and Payee shall pay the Vendor on Customer’s behalf.
1. FEES: The Fees set forth in the Agreement consist of $_[AMOUNT FUNDING TO VENDOR(s)] for Products. Customer
hereby agrees to pay the Payment Amounts to Payee on an installment basis in accordance with the Payment Schedule set forth below.
2. PAYMENT SCHEDULE: Customer shall pay the Payment Amounts in accordance with the schedule (“Payment Schedule”) below,
with each Payment Amount due and payable on the date indicated (“Due Date”). Customer shall remit Payment Amounts to the address
noted in the invoice from Payee. PAYMENT AMOUNTS DO NOT INCLUDE APPLICABLE TAX, UNLESS SPECIFIED OTHERWISE.
3. OBLIGATIONS ABSOLUTE: For the purposes of this PA Products shall be conclusively deemed accepted upon receipt, subject to any
right of return provided by the Vendor, and upon Customer's execution of this PA, Customer acknowledges that (i) it has selected the
Products based on its own judgment and (ii) Payee is entering into this PA as an accommodation to Customer, and the Agreement ,
including all obligations, rights and remedies hereunder are separate and distinct from this PA and any remedies which Customer may
have, at law or in equity, against Vendor or Software Licensor shall be made independently and without regard to this PA and Customer's
obligations hereunder, and (iii) Customer's obligation to remit Payment Amounts to Payee, in accordance with the Payment Schedule
and subject only to Customer’s right to non-appropriate under Section 7 herein, shall be absolute, unconditional, non -cancelable, and
nonrefundable, and shall not be withheld or subject to any abatement, set-off, claim, counterclaim, adjustment, reduction, or defense that
Customer may have arising out of or relating to the Agreement, the Products or otherwise for any reason whatsoever, including but not
limited to requirements applicable to negotiable instruments (such as presentment for payment and notice of dishonor); termination of the
Agreement or any change in, update to or transfer of the Products. If full payment of each Payment Amount and other amounts due and
payable is not received by Payee within 10 days of the Due Date, Customer agrees to pay to Payee interest on the overdue amou nt at
the lesser of 1.5% per month or as provided for under any applicable Prompt Payment Act. . Customer hereby grants Payee a security
interest in the Products (including Customer’s right to use Licensed Software and to receive services, credits and refunds fr om Vendor)
and all proceeds related to this PA, to the extent permitted by law. Payee may make related filings as Payee reasonably deems necessary.
Customer agrees it is responsible for and will pay or reimburse Payee upon invoice for all government imposed taxes, duties, fines
assessed or imposed on the PA, the Products and the Payment Amounts (but excluding taxes imposed on Payee’s income) or any other
amount payable with respect to the PA (collectively “Taxes”).
4. ASSIGNMENT; WAIVER OF DEFENSES, CLAIMS: Customer hereby consents to Payee's assignment of Payee's rights and interests
in and to all or a portion of the Payment Amounts to a third party ("Assignee"). Customer shall not transfer or assign any of Customer's
rights or obligations under this PA or grant third-party liens or encumbrances in Products without Payee's prior written consent. Customer
agrees that neither Payee nor any Assignee shall assume any of Vendor's or Software Licensor’s obligations to Customer under the
Agreement, and further, expressly waives, as against Payee and any Assignee, any rights Customer may have or claim related to any
matter whatsoever including, without limitation, the design or condition of Products, their merchantability or fitness or capacity or durability
for any particular purpose, the quality of the material or workmanship of the Products or conformity of the Products to the provisions and
specifications of any purchase order or orders relating thereto, and Customer expressly disclaims the same, and, as to Payee and any
Assignee, Customer accepts the Products "AS IS". Pay ee and any Assignee shall have no liability to Customer or third parties for any
claim, loss or damage caused or alleged to be caused directly, indirectly, incidentally or consequentially by the Products, o r by any
inadequacy thereof or deficiency or defect therein, by any incident whatsoever in connection therewith, arising in strict liability, negligence
or otherwise. Customer waives any claim that it may have against Payee for any loss, damage or expense caused by the Products or the
Vendor or Software Licensor, even if holder has been advised of the possibility of such damage, loss, expense or cost. Customer
acknowledges that Customer ordered the Products from Vendor, and that Customer may have rights under the Agreement and may b e
entitled to the benefit of warranties provided by Vendor or Software Licensor, and that Customer has received an accurate and complete
Page 208 of 404
DFS Public Payment Agreement Sep2021
Internal Use - Confidential
description of any such rights including any disclaimers or limitations on them or of the remedies thereunder, and Customer s hall make
any claims under the Agreement solely and directly against Vendor or Software Licensor, but shall nevertheless pay Payee and any
Assignee all amounts due and payable under this PA.
5. DEFAULT, RIGHTS AND REMEDIES: In the event (a) Customer fails to pay, when due, any Payment Amount on the Due Date, and
such failure shall continue for a period of fifteen (15) days; (b) Customer materially breaches any term herein or other contract with Payee;
(c) Customer materially breaches or terminates the Agreement; or (d) Customer invokes the protection of any bankruptcy or ins olvency
law (any of (a), (b), (c) or (d) above, a “Default”), then any and all Payment Amounts and all other amounts due hereunder and scheduled
to become due hereunder shall become immediately due and payable by Customer, without demand or notice, and Vendor or Softwar e
Licensor may terminate (upon notification by Payee of Default) all of Customer’s rights to use of the Licensed Software and services.
After the occurrence of a Default hereunder by Customer, Customer agrees to immediately cease using the Licensed Software, to de-
install and delete all copies of Licensed Software from any computer systems owned or controlled by Customer or used for Customer's
benefit. Customer further agrees to provide a certificate signed by a Customer officer who is responsible for Customer's info rmation
systems attesting to such cessation of use and maintenance, de-installation and deletion of Licensed Software and services. With regard
to Products comprised of hardware or tangible personal property and following an uncured Default, Customer shall at Customer’s
expense, ship such Products to or make them available at Payee’s designated location for the purpose of repossession, with clear a nd
unincumbered title reverting back to and vesting in Payee. In the event Payee shall institute any action for the enforcement of the collection
of the Payment Amounts pursuant to applicable law, there shall be immediately due from Customer, in addition to the unpaid Pa yment
Amounts, all costs and expenses of such action, including reasonable attorneys’ fees. No failure or delay on the part of Payee to exercise
any right or remedy hereunder shall operate as a waiver thereof. All remedies are cumulative and not exclusive.
6. FUNDING INTENT: Customer intends to continue this PA for the entire Term and to pay all Payment Amounts and other costs and
fees due hereunder. Customer reasonably believes that legally available funds in an amount sufficient to make all Payment Amounts
during the Term can be obtained and agrees to do all things lawfully within its power to obtain and maintain funds from which all Payment
Amounts and other costs and fees due may be paid. Customer intends and Payee agrees that Customer’s obligation to make Paymen t
Amounts under the PA constitutes a current expense of Customer and is not to be construed to be a debt in contravention of applicable
law or constitutional or statutory limitations or requirements on the creation of indebtedness or as a pledge of funds beyond Customer’s
current Fiscal Period.
7. NON-APPROPRIATION OF FUNDS: Customer may terminate this PA in whole, but not in part, by giving at least sixty (60) days written
notice prior to the end of the then current Fiscal Period (as defined in the Customer’s Secretary/Clerk’s Certificate provide d to Payee)
certifying that: (a) sufficient funds were not appropriated and budgeted by Customer or will not otherwise be available beyond the
current Fiscal Period for Payment Amounts or other costs and fees and (b) the Customer has exhausted all funds legally available
for payment of such Payment Amounts or other costs and fees due under the PA beyond the current Fiscal Period. Upon termination o f
the PA, Customer’s obligations under the PA (except those that expressly survive the end of the Term) and any interest in the Products
shall cease and Customer shall surrender the Products in accordance with Section 5. Notwithstanding the foregoing, Customer agrees
that, without creating a pledge, lien, or encumbrance upon funds available to Customer in other than its current Fiscal Period, it will use
its best efforts to take all action necessary to avoid termination of this PA, including making budget requests for each Fiscal Period during
each applicable PA Term for adequate funds to meet its obligations and to continue the PA in force.
8. ESSENTIAL USE: Customer represents that the use of the Products is essential to Customer’s proper, efficient, and economic
operation or to the service which Customer provides to its citizens. Customer expects to make immediate use of the Product s, for which
it has an immediate need that is neither temporary nor expected to diminish during the applicable PA Term. The Products will be used
for the sole purpose of performing one or more of Customer’s governmental or proprietary functions consistent within the permissible
scope of Customer’s authority.
9. AUTHORITY AND AUTHORIZATION: Customer represents and agrees that: (a) Customer is a state or a political subdivision or agency
of a state pursuant to Section 103 of the U.S. Treasury Code; (b) the entering into and performance of the PA is authorized under
Customer’s state laws and Constitution and does not violate or contradict any judgment, law, order or regulation, or cause an y default
under any agreement to which Customer is a party; (c) Customer has complied with all public bidding requirements, if applicable, and,
where necessary, has properly presented the PA for approval and adoption as a valid obligation on Customer’s part; and (d) Cu stomer
has sufficient appropriated funds or other monies available to pay all amounts due under the PA for Customer’s current fiscal period.
Upon Payee’s request, Customer agrees to provide us with an opinion of counsel as to clauses (a) through (d) above, a secretary’s
or clerk’s certificate of incumbency and authority, and other documents that Payee reasonably requests from time to time in a form
satisfactory to Payee.
10. CHOICE OF LAW: This PA will be governed by and construed in all respects in accordance with the laws of the stat e in which the
Customer is located without regard to conflicts of law principles. Subject to applicable laws, the parties’ consent and submi t to the
jurisdiction of federal courts located within or for the county within the State where Customer is located, or as may otherwise be required
by applicable law. The parties waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding
in any such courts. EACH PARTY WAIVES ANY OBJECTION TO SUCH JURISDICTION AS WELL AS ITS RIGHT TO A TRIAL BY
JURY.
Page 209 of 404
DFS Public Payment Agreement Sep2021
Internal Use - Confidential
11. MISCELLANEOUS: This PA including riders, attachments and exhibits, constitutes the entire agreement regarding the subject matter
herein between Customer and Payee and shall supersede any inconsistent terms set forth in the Agreement and all prior oral and written
understandings. No term or provision of this PA may be amended except by a written instrument signed by both Payee and Custom er;
provided that the parties agree that this PA may be amended by written notice from Payee to Customer to adjust the related Payment
Amount (any increase up to 15% or any decrease) caused by any change to the Agreement, or to update Product descriptions.
Performance under this PA will not violate Customer’s bylaws, other agreement or judgement to which it is bound, or any law or regulation.
No part of this PA is intended to permit or provide for payment of any amount in excess of lawful amounts. In the event any u nlawful
excess is collected, Payee shall apply such excess as credit or otherwise refund it to Customer, and the rate or amount involved will
automatically be reduced to the maximum lawful rate or amount. To the extent (if any) that this PA or related documentation c onstitutes
chattel paper under the Uniform Commercial Code, the authoritative copy of this PA shall be the copy designated by Payee from time to
time, as the copy available for access and review by Customer and Payee. All other copies are copies of the authoritative cop y. In the
event of inadvertent destruction of the authoritative copy, the authoritative copy may be restored from a backup, and the restored copy
shall become the authoritative copy. Customer agrees to take actions and provide documentation (such as Certificates of Acceptance or
financial information) reasonably requested by Payee to effect the intent of this PA. Customer agrees to maintain liability insurance
naming Payee as loss payee and property insurance in commercially reasonable amounts adequate to cover repair or replacement
of any equipment covered by this PA.
Payment Schedule
See attached Exhibit A.
Customer: xxxxxxxxxxxxxxxxxxxxxxxxxxxx Payee: Dell Financial Services L.L.C.
By: By:
Name: Name:
Title: Title:
Date: Date:
Page 210 of 404
DFS Public Payment Agreement Sep2021
Internal Use - Confidential
SECRETARY OR CLERK’S CERTIFICATE OF INCUMBANCY AND AUTHORITY
Regarding the above referenced “Contract” between (“Customer”) and Dell Financial Services L.L.C. (“DFS”)
The undersigned hereby certifies to DFS, including its successors and assigns, that:
(a) the undersigned is the Secretary or Clerk of the Customer, which is a state or a political subdivision or agency of the state in which it
is formed,
(b) the signer on the Contract has full right, capacity and power and is duly authorized by all requisite governmental action to execute,
deliver, and bind Customer to the Contract, and
(c) the signature appearing on the Contract is in fact the signature of such signer.
By:*
Name:
Title:
Date:
* The signers on the Contract and this Secretary/Clerk’s Certificate of Authority must be two different authorized signatories.
Page 211 of 404
DFS Public Payment Agreement Sep2021
Internal Use - Confidential
Exhibit A
Payment Schedule
[ADD AMORTIZATION TABLE HERE]
Page 212 of 404
Dell - Restricted - Confidential
Pharos Financial Services Public Master Lease Agreement
DATE
Page 213 of 404
Reference: Page 1 of 6
Master Lease Agreement – Public NOV2018
EFFECTIVE DATE:
MASTER LEASE AGREEMENT NO.
LESSOR: PHAROS FINANCIAL SERVICES L.P.
Mailing Address:
One Dell Way
Round Rock, TX 78682
LESSEE:
Principal Address:
Fax:
Attention:
This Master Lease Agreement ("Agreement"), effective as of the Effective
Date set forth above, is between the Lessor and Lessee named above.
Capitalized terms have the meaning set forth in this Agreement.
1. LEASE.
Lessor hereby leases to Lessee and Lessee hereby leases the equipment
(“Products”), Software (defined below), and services or fees, where
applicable, as described in any lease schedule ("Schedule"). Each
Schedule shall incorporate by reference the terms and conditions of this
Agreement and contain such other terms as are agreed to by Lessee and
Lessor. Each Schedule shall constitute a separate lease of Products
("Lease"). In the event of any conflict between the terms of a Schedule
and the terms of this Agreement, the terms of the Schedule shall prevail.
Lessor reserves all rights to the Products not specifically granted to Lessee
in this Agreement or in a Schedule. Execution of this Agreement does not
create an obligation of either party to lease to or from the other.
2. ACCEPTANCE DATE; SCHEDULE.
(a) Subject to any right of return provided by the Product seller (“Seller”),
named on the Schedule, Products are deemed to have been irrevocably
accepted by Lessee upon delivery to Lessee's ship to location
(“Acceptance Date”). Lessee shall be solely responsible for unpacking,
inspecting and installing the Products.
(b) Lessor shall deliver to Lessee a Schedule for Products. Lessee
agrees to sign or otherwise authenticate (as defined under the Uniform
Commercial Code, “UCC”) and return each Schedule by the later of the
Acceptance Date or five (5) days after Lessee receives a Schedule from
Lessor. If the Schedule is not signed or otherwise authenticated by Lessee
within the time provided in the prior sentence, then upon written notice from
Lessor and Lessee’s failure to cure within five (5) days of such notice,
Lessor may require the Lessee to purchase the Products by paying the
Product Cost charged by the Seller, plus any shipping charges, Taxes or
Duties (defined below) and interest at the Overdue Rate accruing from the
date the Products are shipped through the date of payment. If Lessee
returns any leased Products in accordance with the Seller’s return policy,
it will notify Lessor. When Lessor receives a credit from the Seller for the
returned Product, the Schedule will be deemed amended to reflect the
return of the Product and Lessor will adjust its billing records and Lessee’s
invoice for the applicable Lease. In addition, Lessee and Lessor agree
that a signed Schedule may be amended by written notice from Lessor to
Lessee provided such notice is (i) to correct the serial (or service tag)
number of Products or (ii) to adjust the related Rent (defined below) on the
Schedule (any increase up to 15% or any decrease) caused by any change
made by Lessee in Lessee’s order with the Seller.
3. TERM.
The initial term (the “Primary Term”) for each Lease shall begin on the date
set forth on the Schedule as the Commencement Date (the
“Commencement Date”). The period beginning on the Acceptance Date
and ending on the last day of the Primary Term, together with any renewals
or extensions thereof, is defined as the "Lease Term". The Lease is
noncancelable by Lessee, except as expressly provided in Section 5.
4. RENT; TAXES; PAYMENT OBLIGATION.
(a) The rental payment amount ("Rent") and the payment period for each
installment of Rent (“Payment Period”) shall be stated in the Schedule. A
prorated portion of Rent calculated based on a 30-day month, 90-day
quarter or 360-day year (as appropriate) for the period from the
Acceptance Date to the Commencement Date shall be added to the first
payment of Rent. All Rent and other amounts due and payable under this
Agreement or any Schedule shall be paid to Lessor in lawful funds of the
United States of America at the payment address for Lessor set forth
above or at such other address as Lessor may designate in writing from
time to time. Whenever Rent and other amounts payable under a Lease
are not paid when due, Lessee shall pay interest on such amounts at a
rate equal to the lesser of 1% per month or the highest such rate permitted
by applicable law (“Overdue Rate”). Rent shall be due and payable
whether or not Lessee has received an invoice showing such Rent is due.
Late charges and reasonable attorney’s fees necessary to recover Rent
and other amounts owed hereunder are considered an integral part of this
Agreement. The rate factors used for the calculation of the payment are
based in part on similar or like term swap or T-bill rates as published by
the US Federal Reserve Board. In the event the applicable rates change
between Lessor initially providing the rate factors and the commencement
of a Schedule, Lessor reserves the right to change the applicable rate
factor commensurate with the change in the applicable rates.
(b) EACH LEASE SHALL BE A NET LEASE. In addition to Rent, Lessee
shall pay sales, use, excise, purchase, property, added value or other
taxes, fees, levies or assessments lawfully assessed or levied against
Lessor or with respect to the Products and the Lease (collectively “Taxes”),
and customs, duties or surcharges on imports or exports (collectively,
“Duties”), plus all expenses incurred in connection with Lessor’s purchase
and Lessee’s use of the Products, including but not limited to shipment,
delivery, installation, and insurance. Unless Lessee provides Lessor with
a tax exemption certificate acceptable to the relevant taxing authority prior
to Lessor’s payment of such Taxes, Lessee shall pay to Lessor all Taxes
and Duties upon demand by Lessor. Lessor may, at its option, invoice
Lessee for estimated personal property tax with the Rent Payment.
Lessee shall pay all utility and other charges incurred in the use and
maintenance of the Products.
(c) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 5, LESSEE'S
OBLIGATION TO PAY ALL RENT AND OTHER AMOUNTS WHEN DUE
AND TO OTHERWISE PERFORM AS REQUIRED UNDER THIS
AGREEMENT AND EACH SCHEDULE SHALL BE ABSOLUTE AND
UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY
ABATEMENT, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM,
INTERRUPTION, DEFERMENT OR RECOUPMENT FOR ANY REASON
WHATSOEVER WHETHER ARISING OUT OF ANY CLAIMS BY LESSEE
Page 214 of 404
Reference: Page 2 of 6
Master Lease Agreement – Public NOV2018
AGAINST LESSOR, LESSOR'S ASSIGNS, THE SELLER, OR THE
SUPPLIER OR MANUFACTURER OF THE PRODUCTS, TOTAL OR
PARTIAL LOSS OF THE PRODUCTS OR THEIR USE OR
POSSESSION, OR OTHERWISE. If any Product is unsatisfactory for any
reason, Lessee shall make its claim solely against the Seller of such
Product (or the Licensor in the case of Software, as defined below) and
shall nevertheless pay Lessor or its assignee all amounts due and payable
under the Lease.
5. APPROPRIATION OF FUNDS.
(a) Lessee intends to continue each Schedule for the Primary Term and
to pay the Rent and other amounts due thereunder. Lessee reasonably
believes that legally available funds in an amount sufficient to pay all Rent
during the Primary Term can be obtained and agrees to do all things
lawfully within its power to obtain and maintain funds from which the Rent
and other amounts due may be paid.
(b) Lessee may terminate a Schedule in whole, but not in part by giving
at least sixty (60) days’ notice prior to the end of the then current Fiscal
Period (as defined in the Lessee’s Secretary/Clerk’s Certificate provided
to Lessor) certifying that: (1) sufficient funds were not appropriated and
budgeted by Lessee’s governing body or will not otherwise be available to
continue the Lease beyond the current Fiscal Period; and (2) that the
Lessee has exhausted all funds legally available for payment of the Rent
beyond the current Fiscal Period. Upon termination of the Schedule,
Lessee’s obligations under the Schedule (except those that expressly
survive the end of the Lease Term) and any interest in the Products shall
cease and Lessee shall surrender the Products in accordance with Section
8. Notwithstanding the foregoing, Lessee agrees that, without creating a
pledge, lien or encumbrance upon funds available to Lessee in other than
its current Fiscal Period, it will use its best efforts to take all action
necessary to avoid termination of a Schedule, including making budget
requests for each Fiscal Period during each applicable Lease Term for
adequate funds to meet its Lease obligations and to continue the Schedule
in force..
(c) Lessor and Lessee intend that the obligation of Lessee to pay Rent
and other amounts due under a Lease constitutes a current expense of
Lessee and is not to be construed to be a debt in contravention of any
applicable constitutional or statutory limitation on the creation of
indebtedness or as a pledge of funds beyond Lessee’s current Fiscal
Period.
6. LICENSED MATERIALS.
Software means any operating system software or computer programs
included with the Products (collectively, “Software”). “Licensed Materials”
are any manuals and documents, end user license agreements, evidence
of licenses, including, without limitation, any certificate of authenticity and
other media provided in connection with such Software, all as delivered
with or affixed as a label to the Products. Lessee agrees that this
Agreement and any Lease (including the sale of any Product pursuant to
any purchase option) does not grant any title or interest in Software or
Licensed Materials. Any use of the terms "sell," "purchase," "license,"
"lease," and the like in this Agreement or any Schedule with respect to
Software shall be interpreted in accordance with this Section 6.
7. USE; LOCATION; INSPECTION.
Lessee shall: (a) comply with all terms and conditions of any Licensed
Materials; and (b) possess and operate the Products only (i) in
accordance with the Seller's supply contract and any service provider's
maintenance and operating manuals, the documentation and applicable
laws; and (ii) for the business purposes of Lessee. Lessee agrees not to
move Products from the location specified in the Schedule without
providing Lessor with at least 30 days prior written notice, and then only
to a location within the continental United States and at Lessee's
expense. Without notice to Lessor, Lessee may temporarily use laptop
computers at other locations, including outside the United States,
provided Lessee complies with the United States Export Control
Administration Act of 1979 and the Export Administration Act of 1985, as
those Acts are amended from time to time (or any successor or similar
legislation). Provided Lessor complies with Lessee's reasonable security
requirements, Lessee shall allow Lessor to inspect the premises where
the Products are located from time to time during reasonable hours after
reasonable notice in order to confirm Lessee's compliance with its
obligations under this Agreement.
8. RETURN.
At the expiration or earlier termination of the Lease Term of any Schedule,
and except for Products purchased pursuant to any purchase option under
the Lease, Lessee will (a) remove all proprietary data from the Products
and (b) return them to Lessor at a place within the contiguous United
States designated by Lessor. Upon return of the Products, Lessee`s right
to the operating system Software in returned Products will terminate and
Lessee will return the Products with the original certificate of authenticity
(attached and unaltered) for the original operating system Software.
Lessee agrees to deinstall and package the Products for return in a
manner which will protect them from damage. Lessee shall pay all costs
associated with the packing and return of the Products and shall promptly
reimburse Lessor for all costs and expenses for missing or damaged
Products or operating system Software. If Lessee fails to return all of the
Products at the expiration of the Lease Term or earlier termination (other
than for non-appropriation) in accordance with this Section, the Lease
Term with respect to the Products that are not returned shall continue to
be renewed as described in the Schedule.
9. RISK OF LOSS; MAINTENANCE; INSURANCE.
(a) From the date the Products are delivered to Lessee's ship to location
until the Products are returned to Lessor's designated return location or
purchased by Lessee, Lessee agrees: (i) to assume the risk of loss or
damage to the Products; (ii) to maintain the Products in good operating
condition and appearance, ordinary wear and tear excepted; (iii) to comply
with all requirements necessary to enforce all warranty rights; and (iv) to
promptly repair any repairable damage to the Products. During the Lease
Term, Lessee at its sole discretion has the option to purchase a
maintenance agreement from the provider of its choice (including, if it so
chooses, to self-maintain the Products) or to forgo such maintenance
agreement altogether; regardless of Lessee's choice, Lessee will continue
to be responsible for its obligations as stated in the first sentence of this
Section. At all times, Lessee shall provide the following insurance: (x)
casualty loss insurance for the Products for no less than the Stipulated
Loss Value (defined below) naming Lessor as loss payee; and (y) liability
insurance with respect to the Products for no less than an amount as
required by Lessor, with Lessor named as an additional insured; and (z)
such other insurance as may be required by law which names Lessee as
an insured and Lessor as an additional insured. Upon Lessor’s prior
written consent, Lessee may provide this insurance pursuant to Lessee’s
existing self-insurance policy or as provided for under state law. Lessee
shall provide Lessor with either an annual certificate of third party
insurance or a written description of its self-insurance policy or relevant
law, as applicable. The certificate of insurance will provide that Lessor
shall receive at least ten (10) days prior written notice of any material
change to or cancellation of the insurance policy or Lessee’s self-
insurance program, if previously approved by Lessor. If Lessee does not
give Lessor evidence of insurance in accordance with the standards
herein, Lessor has the right, but not the obligation, to obtain such
insurance covering Lessor’s interest in the Products for the Lease Term,
including renewals. If Lessor obtains such insurance, Lessor will add a
monthly, quarterly or annual charge (as appropriate) to the Rent to
reimburse Lessor for the insurance premium and Lessor’s then current
insurance administrative fee.
(b) If the Products are lost, stolen, destroyed, damaged beyond repair or
in the event of any condemnation, confiscation, seizure or expropriation of
such Products (“Casualty Products”), Lessee shall promptly (i) notify
Lessor of the same and (ii) pay to Lessor the Stipulated Loss Value for the
Casualty Products. The Stipulated Loss Value is an amount equal to the
sum of (a) all Rent and other amounts then due and owing (including
interest at the Overdue Rate from the due date until payment is received)
under the Lease, plus (b) the present value of all future Rent to become
due under the Lease during the remainder of the Lease Term, plus (c) the
present value of the estimated in place Fair Market Value of the Product
at the end of the Primary Term as determined by Lessor; plus (d) all other
amounts to become due and owing during the remaining Lease Term.
Unless priced as a tax-exempt Schedule, each of (b) and (c) shall be
calculated using the federal funds rate target reported in the Wall Street
Journal on the Commencement Date of the applicable Schedule. The
discount rate applicable to tax-exempt Schedules shall be federal funds
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Master Lease Agreement – Public NOV2018
rate target reported in the Wall Street Journal on the Commencement Date
of the applicable Schedule less 100 basis points.
10. ALTERATIONS.
Lessee shall, at its expense, make such alterations to Products during the
Lease Term as are legally required or provided at no charge by Seller.
Lessee may make other alterations, additions or improvements to
Products provided that any alteration, addition or improvement shall be
readily removable and shall not materially impair the value or utility of the
Products. Upon the return of any Product to Lessor, any alteration,
addition or improvement that is not removed by Lessee shall become the
property of Lessor free and clear of all liens and encumbrances.
11. REPRESENTATIONS AND WARRANTIES OF LESSEE.
Lessee represents, warrants and covenants to Lessor and will provide to
Lessor at Lessor’s request all documents deemed necessary or
appropriate by Lessor, including Certificates of Insurance, financial
statements, Secretary or Clerk Certificates, essential use information or
documents (such as affidavits, notices and similar instruments in a form
satisfactory to Lessor) and Opinions of Counsel (in substantially such form
as provided to Lessee by Lessor and otherwise satisfactory to Lessor) to
the effect that, as of the time Lessee enters into this Agreement and each
Schedule that:
(a) Lessee is an entity duly organized and existing under and by virtue of
the authorizing statute or constitutional provisions of its state and is a state
or political subdivision thereof as described in Section 103(a) of the
Internal Revenue Code of 1986, as amended, and the regulations
promulgated thereunder as in effect and applicable to the Agreement or
any Schedule, with full power and authority to enter into this Agreement
and any Schedules and perform all of its obligations under the Leases;
(b) This Agreement and each Schedule have been duly authorized,
authenticated and delivered by Lessee by proper action of its governing
board at a regularly convened meeting and attended by the requisite
majority of board members, or by other appropriate official authentication,
as applicable, and all requirements have been met and procedures have
occurred in order to ensure the validity and enforceability of this Agreement
against Lessee;
(c) This Agreement and each Schedule constitute the valid, legal and
binding obligations of Lessee, enforceable in accordance with their terms;
(d) No other approval, consent or withholding of objection is required
from any federal, state or local governmental authority or instrumentality
with respect to the entering into or performance by Lessee of the
Agreement or any Schedule and the transactions contemplated thereby;
(e) Lessee has complied with such public bidding requirements and other
state and federal laws as may be applicable to the Agreement and any
Schedule and the acquisition by Lessee of the Products;
(f) The entering into and performance of the Agreement or any Schedule
will not (i) violate any judgment, order, law or regulation applicable to
Lessee; (ii) result in any breach of, or constitute a default under, any
instrument to which the Lessee is a party or by which it or its assets may
be bound; or (iii) result in the creation of any lien, charge, security interest
or other encumbrance upon any assets of the Lessee or on the Products,
other than those created pursuant to this Agreement;
(g) There are no actions, suits, proceedings, inquiries or investigations,
at law or in equity, before or by any court, public board or body, pending
or threatened against or affecting Lessee, nor to the best of Lessee's
knowledge and belief is there any basis therefor, which if determined
adversely to Lessee will have a material adverse effect on the ability of
Lessee to fulfill its obligations under the Agreement or any Schedule;
(h) The Products are essential to the proper, efficient and economic
operation of Lessee or to the services which Lessee provides to its
citizens. Lessee expects to make immediate use of the Products, for which
it has an immediate need that is neither temporary nor expected to
diminish during the applicable Lease Term. The Products will be used for
the sole purpose of performing one or more of Lessee's governmental or
proprietary functions consistent within the permissible scope of Lessee's
authority; and
(i) Lessee has, in accordance with the requirements of law, fully
budgeted and appropriated sufficient funds to make all Rent payments and
other obligations under this Agreement and any Schedule during the
current Fiscal Period, and such funds have not been expended for other
purposes.
12. WARRANTY ASSIGNMENT; EXCLUSION OF WARRANTIES;
LIMITATION OF LIABILITY; FINANCE LEASE.
(a) Provided no Event of Default has occurred and is continuing, Lessor
assigns to Lessee for the Lease Term the benefit of any Product warranty
and any right of return provided by any Seller.
(b) LESSEE ACKNOWLEDGES THAT LESSOR DID NOT SELECT,
MANUFACTURE, SUPPLY OR LICENSE ANY PRODUCT AND THAT
LESSEE HAS MADE THE SELECTION OF PRODUCTS BASED UPON
ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE
ON STATEMENTS MADE BY LESSOR OR ITS AGENTS. LESSOR
LEASES THE PRODUCTS AS-IS AND MAKES NO WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED
TO, ANY WARRANTIES OF DESIGN, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES
ANY CLAIM IT MIGHT HAVE AGAINST LESSOR OR ITS ASSIGNEE
FOR ANY LOSS, DAMAGE OR EXPENSE CAUSED BY OR WITH
RESPECT TO ANY PRODUCTS.
(c) IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY ACTUAL,
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY
SCHEDULE OR THE SALE, LEASE OR USE OF ANY PRODUCTS EVEN
IF LESSOR IS ADVISED IN ADVANCE OF THE POSSIBILITY OR
CERTAINTY OF SUCH DAMAGES AND EVEN IF LESSEE ASSERTS
OR ESTABLISHES A FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY PROVIDED IN THIS AGREEMENT.
(d) Lessee agrees that it is the intent of both parties that each lease
qualify as a statutory finance lease under Article 2A of the UCC. Lessee
acknowledges either (i) that Lessee has reviewed and approved any
written supply contract covering the Products purchased from the Seller
for lease to Lessee or (ii) that Lessor has informed or advised Lessee, in
writing, either previously or by this Agreement, that Lessee may have
rights under the supply contract evidencing the purchase of the Products
and that Lessee should contact the Seller for a description of any such
rights. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
LESSEE HEREBY WAIVES ALL RIGHTS AND REMEDIES
CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCC.
13. EVENTS OF DEFAULT.
It shall be an event of default hereunder and under any Schedule ("Event
of Default") if:
(a) Lessee fails to pay any Rent or other amounts payable under this
Agreement or any Schedule within 15 days after the date that such
payment is due;
(b) Any representation or warranty made by Lessee to Lessor in
connection with this Agreement, any Schedule or any other Document is
at the time made materially untrue or incorrect;
(c) Lessee fails to comply with any other obligation or provision of this
Agreement or any Schedule and such failure shall have continued for 30
days after notice from Lessor;
(d) Lessee (i) is generally not paying its debts as they become due or (ii)
takes action for the purpose of invoking the protection of any bankruptcy
or insolvency law, or any such law is invoked against or with respect to
Lessee or its property and such petition is not dismissed within 60 days; or
(e) Any provision of this Agreement ceases to be valid and binding on
Lessee, is declared null and void, or its validity or enforceability is
contested by Lessee or any governmental agency or authority whereby the
loss of such provision would materially adversely affect the rights or
Page 216 of 404
Reference: Page 4 of 6
Master Lease Agreement – Public NOV2018
security of Lessor, or Lessee denies any further liability or obligation under
this Agreement; or
(f) Lessee is in default under any other lease, contract, or obligation now
existing or hereafter entered into with Lessor or Seller or any assignee of
Lessor.
14. REMEDIES: TERMINATION
(a) Upon an Event of Default under any Schedule all of Lessee's rights
(including its rights to the Products), but not its obligations thereunder,
shall automatically be cancelled without notice and Lessor may exercise
one or more of the following remedies in its sole discretion:
(i) require Lessee to return any and all such Products in
accordance with Section 8, or if requested by Lessor, to assemble the
Products in a single location designated by Lessor and to grant Lessor the
right to enter the premises where such Products are located (regardless of
where assembled) for the purpose of repossession;
(ii) sell, lease or otherwise dispose of any or all Products (as agent
and attorney-in-fact for Lessee to the extent necessary) upon such terms
and in such manner (at public or private sale) as Lessor deems advisable
in its sole discretion (a "Disposition");
(iii) declare immediately due and payable as a pre-estimate of
liquidated damages for loss of bargain and not as a penalty, the Stipulated
Loss Value of the Products in lieu of any further Rent, in which event
Lessee shall pay such amount to Lessor within 10 days after the date of
Lessor's demand; or
(iv) proceed by appropriate court action either at law or in equity
(including an action for specific performance) to enforce performance by
Lessee or recover damages associated with such Event of Default or
exercise any other remedy available to Lessor in law or in equity.
(b) Lessee shall pay all costs and expenses arising or incurred by
Lessor, including reasonable attorney fees, in connection with or related
to an Event of Default or the repossession, transportation, re-furbishing,
storage and Disposition of any or all Products (“Default Expenses”). In the
event Lessor recovers proceeds (net of Default Expenses) from its
Disposition of the Products, Lessor shall credit such proceeds against the
owed Stipulated Loss Value. Lessee shall remain liable to Lessor for any
deficiency. With respect to this Section, to the extent the proceeds of the
Disposition (net of Default Expenses) exceed the Stipulated Loss Value
owed under the Lease, or Lessee has paid Lessor the Stipulated Loss
Value, the Default Expenses and all other amounts owing under the Lease,
Lessee shall be entitled to such excess and shall have no further
obligations with respect to such Lease. All rights of Lessor are cumulative
and not alternative and may be exercised by Lessor separately or together.
15. QUIET ENJOYMENT.
Lessor shall not interfere with Lessee's right to possession and quiet
enjoyment of Products during the relevant Lease Term, provided no Event
of Default has occurred and is continuing. Lessor represents and warrants
that as of the Commencement Date of the applicable Schedule, Lessor
has the right to lease the Products to Lessee.
16. INDEMNIFICATION.
To the extent permitted by law, Lessee shall indemnify, defend and hold
Lessor, its assignees, and their respective officers, directors, employees,
representatives and agents harmless from and against, all claims,
liabilities, costs or expenses, including legal fees and expenses
(collectively, "Claims"), arising from or incurred in connection with this
Agreement, any Schedule, or the selection, manufacture, possession,
ownership, use, condition, or return of any Products (including Claims for
personal injury or death or damage to property, and to the extent Lessee
is responsible, Claims related to the subsequent use or Disposition of the
Products or any data in or alteration of the Products. This indemnity shall
not extend to any loss caused solely by the gross negligence or willful
misconduct of Lessor. Lessee shall be responsible for the defense and
resolution of such Claim at its expense and shall pay any amount for
resolution and all costs and damages awarded against or incurred by
Lessor or any other person indemnified hereunder; provided, however,
that any person indemnified hereunder shall have the right to participate in
the defense of such Claim with counsel of its choice and at its expense
and to approve any such resolution. Lessee shall keep Lessor informed
at all times as to the status of the Claim.
17. OWNERSHIP; LIENS AND ENCUMBRANCES; LABELS.
As between Lessor and Lessee, title to Products (other than any Licensed
Materials) is and shall remain with Lessor. Products are considered
personal property and Lessee shall, at Lessee's expense, keep Products
free and clear of liens and encumbrances of any kind (except those arising
through the acts of Lessor) and shall immediately notify Lessor if Lessor's
interest is subject to compromise. Lessee shall not remove, cover, or alter
plates, labels, or other markings placed upon Products by Lessor, Seller
or any other supplier.
18. NON PERFORMANCE BY LESSEE.
If Lessee fails to perform any of its obligations hereunder or under any
Schedule, Lessor shall have the right but not the obligation to effect such
performance and Lessee shall promptly reimburse Lessor for all out of
pocket and other reasonable expenses incurred in connection with such
performance, with interest at the Overdue Rate.
19. NOTICES.
All notices shall be given in writing and, except for billings and
communications in the ordinary course of business, shall be delivered by
overnight courier service, delivered personally or sent by certified mail,
return receipt requested, and shall be effective from the date of receipt
unless mailed, in which case the effective date will be four (4) Business
Days after the date of mailing. Notices to Lessor by Lessee shall be sent
to: Pharos Financial Services L.P., Attn. Legal Department, One Dell Way,
Round Rock, TX 78682, or such other mailing address designated in
writing by Lessor. Notice to Lessee shall be to the address on the first
page of this Agreement or such other mailing address designated in writing
by Lessee.
20. ASSIGNMENT.
(a) LESSEE MAY ASSIGN THIS AGREEMENT OR ANY SCHEDULE,
OR SUBLEASE ANY PRODUCT(S) WITH THE PRIOR WRITTEN
CONSENT OF LESSOR (SUCH CONSENT NOT TO BE
UNREASONABLY WITHHELD). LESSOR, AT ITS SOLE DISCRETION,
MAY ASSESS AN ADMINISTRATIVE FEE FOR ANY APPROVED
ASSIGNMENT OR SUBLEASE. No assignment or sublease shall in any
way discharge Lessee's obligations to Lessor under this Agreement or
Schedule.
(b) Lessor may at any time without notice to Lessee, but subject to the
rights of Lessee, transfer, assign, or grant a security interest in any
Product, this Agreement, any Schedule, or any rights and obligations
hereunder or thereunder in whole or in part. Lessee hereby consents to
such assignments, agrees to comply fully with the terms thereof, and
agrees to execute and deliver promptly such acknowledgments, opinions
of counsel and other instruments reasonably requested to effect such
assignment.
(c) Subject to the foregoing, this Agreement and each Schedule shall be
binding upon and inure to the benefit of Lessor, Lessee and their
successors and assigns.
21. GOVERNING LAW; JURISDICTION AND VENUE; WAIVER OF
JURY TRIAL.
THIS AGREEMENT AND EACH SCHEDULE SHALL BE GOVERNED BY
LAW WITHOUT REGARD TO ITS CONFLICTS OF LAWS
PRINCIPLES AND, TO THE EXTENT APPLICABLE, THE ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. LESSEE
CONSENTS TO THE JURISDICTION OF ANY FEDERAL COURT
LOCATED IN , , AND WAIVES ANY OBJECTION TO VENUE
IN SUCH COURT, AND FURTHER WAIVES ANY RIGHT TO A TRIAL BY
JURY.
22. MISCELLANEOUS.
Page 217 of 404
Reference: Page 5 of 6
Master Lease Agreement – Public NOV2018
(a) The headings used in this Agreement are for convenience only and
shall have no legal effect. This Agreement shall be interpreted without any
strict construction in favor of or against either party.
(b) The provisions of Sections 6, 8, 11, 12(b), 12(c), 12(d), 16, 21 and 22
shall continue in full force and effect even after the term or expiration of
this Agreement or any Schedule.
(c) Failure of Lessor at any time to require Lessee's performance of any
obligation shall not affect the right to require performance of that obligation.
No term, condition or provision of this Agreement or any Schedule shall be
waived or deemed to have been waived by Lessor unless it is in writing
and signed by a duly authorized representative of Lessor. A valid waiver
is limited to the specific situation for which it was given.
(d) Lessee shall furnish such financial statements of Lessee (prepared in
accordance with generally accepted accounting principles) and other
information as Lessor may from time to time reasonably request.
(e) If any provision(s) of this Agreement is deemed invalid or
unenforceable to any extent (other than provisions going to the essence of
this Agreement) the same shall not in any respect affect the validity,
legality or enforceability (to the fullest extent permitted by law) of the
remainder of this Agreement, and the parties shall use their best efforts to
replace such illegal, invalid or unenforceable provisions with an
enforceable provision approximating, to the extent possible, the original
intent of the parties.
(f) Unless otherwise provided, all obligations hereunder shall be
performed or observed at the respective party's expense.
(g) Lessee shall take any action reasonably requested by Lessor for the
purpose of fully effectuating the intent and purposes of this Agreement or
any Schedule. If any Lease is determined to be other than a true lease,
Lessee hereby grants to Lessor a first priority security interest in the
Products and all proceeds thereof. Lessee acknowledges that by signing
this Agreement, Lessee has authorized Lessor to file any financing
statements or related filings as Lessor may reasonably deem necessary
or appropriate. Lessor may file a copy of this Agreement or any Schedule
in lieu of a financing statement.
(h) This Agreement and any Schedule may be signed in any number of
counterparts each of which when so executed or otherwise authenticated
and delivered shall be an original but all counterparts shall together
constitute one and the same instrument. To the extent each Schedule
would constitute chattel paper as such term is defined in the UCC, no
security interest may be created through the transfer or control or
possession, as applicable, of a counterpart of a Schedule other than the
original in Lessor's possession marked by Lessor as either “Original” or
“Counterpart Number 1”.
(i) This Agreement and the Schedules hereto between Lessor and
Lessee set forth all of the understandings and agreements between the
parties and supersede and merge all prior written or oral communications,
understandings, or agreements between the parties relating to the subject
matter contained herein. Except as permitted herein, this Agreement and
any Schedule may be amended only by a writing duly signed or otherwise
authenticated by Lessor and Lessee.
(j) If Lessee delivers this signed Master Lease, or any Schedule,
amendment or other document related to the Master Lease (each a
“Document”) to Lessor by facsimile transmission, and Lessor does not
receive all of the pages of that Document, Lessee agrees that, except for
any pages which require a signature, Lessor may supply the missing
pages to the Document from Lessor’s database which conforms to the
version number at the bottom of the page. If Lessee delivers a signed
Document to Lessor as an e-mail attachment, facsimile transmission or by
U.S. mail, Lessee acknowledges that Lessor is relying on Lessee’s
representation that the Document has not been altered. Lessee further
agrees that, notwithstanding any rule of evidence to the contrary, in any
hearing, trial or proceeding of any kind with respect to a Document, Lessor
may produce a tangible copy of the Document transmitted by Lessee to
Lessor by facsimile or as an e-mail attachment and such signed copy shall
be deemed to be the original of the Document. To the extent (if any) that
the Document constitutes chattel paper under the Uniform Commercial
Code, the authoritative copy of the Document shall be the copy designated
by Lessor or its assignee, from time to time, as the copy available for
access and review by Lessee, Lessor or its assignee. All other copies are
deemed identified as copies of the authoritative copy. In the event of
inadvertent destruction of the authoritative copy, or corruption of the
authoritative copy for any reason or as the result of any cause, the
authoritative copy may be restored from a backup or archive copy, and the
restored copy shall become the authoritative copy. At Lessor’s option, this
electronic record may be converted into paper form. At such time, such
paper copy will be designated or marked as the authoritative copy of the
Document.
Page 218 of 404
Reference: Page 6 of 6
Master Lease Agreement – Public NOV2018
EXECUTED by the undersigned on the dates set forth below,
to be effective as of the Effective Date.
{Lessee Name}
“Lessee”
BY:
NAME:
TITLE:
DATE:
PHAROS FINANCIAL SERVICES L.P.
By: PHAROS FINANCIAL SERVICES, INC. ITS GENERAL
PARTNER
“Lessor”
BY:
NAME:
TITLE:
DATE:
Page 219 of 404
Reference: Page 1 of 3
Secretary Clerk Certificate - Public Internal Use - Confidential
Secretary/Clerk Certificate Instructions
1. In the blocks under paragraph (ii) with the headings “NAME OF AUTHORIZED SIGNATORY”, “TITLE OF AUTHORIZED
SIGNATORY” and “SIGNATURE OF AUTHORIZED SIGNATORY”, all persons who are authorized to execute and
deliver the Agreement and any related Lease Schedule(s) from time to time thereunder between the Public Entity and
Customer should write or type his/her name under the “Name of Authorized Signatory” heading, write or type his/her
title under the “Title of Authorized Signatory” heading, and sign his/her name under the “Signature of Authorized
Signatory” heading in the block across from his/her name and title. The person(s) listed and executing in the blocks
under paragraph (ii) must not be the same person executing the Certificate on behalf of the Public Entity (Clerk,
Secretary, etc.) listed at the top of the Certificate and executing in the signature block at the bottom of the
Certificate under the “In Witness Whereof” language;
2. The Clerk, Secretary, etc. should insert the Agreement No. in paragraph (iii), if known;
3. The Clerk, Secretary, etc. should strike paragraph (v) of the Certificate if this paragraph is not applicable to the Public
Entity;
4. If paragraph (v) of the Certificate is applicable to the Public Entity, the Clerk, Secretary, etc. should insert “regular” or
“special” in the first blank and then insert the date of the meeting of the governing body of the Public Entity in the second
blank;
5. The Clerk, Secretary, etc. should write or type the Fiscal Period of the Public Entity in paragraph (ix);
6. The Clerk, Secretary, etc. should write or type his/her name, title, name and State of the Public Entity in the top portion
of the Certificate and date, sign & print his/her name and title at the bottom of the Certificate under the “In Witness
Whereof” language; and
7. If required by local law, the Certificate should be notarized by a notary public. The notary public should be a person
other than the Clerk, Secretary, etc. executing under the “In Witness Whereof” language of the Certificate.
Page 220 of 404
Reference: Page 2 of 3
Secretary Clerk Certificate - Public Internal Use - Confidential
SECRETARY/CLERK CERTIFICATE
I, ____________________________________________, do hereby certify that:
(i) I am the duly elected, qualified, and acting __________________________________ (Clerk, Secretary, etc.)
of , a public entity (the “Public Entity”).
(ii) Each of the persons whose name, title and signature appear below is a duly authorized representative of the
Public Entity and holds on the date of this Certificate the formal title set forth opposite his/her name and the signature
appearing opposite each such person’s name is his/her genuine signature:
NAME OF AUTHORIZED SIGNATORY
(cannot be Clerk/Secretary
authenticating this certificate)
TITLE OF AUTHORIZED
SIGNATORY
SIGNATURE OF AUTHORIZED
SIGNATORY
(iii) Each such representative is duly authorized for and on behalf of the Public Entity to execute and deliver that
certain Master Lease Agreement No. (the “Agreement”) and any related Lease Schedules from time to time
thereunder (the “Schedules”) between the Public Entity and Customer, or its assignee (collectively, “Lessor”), and all
agreements, documents, and instruments in connection therewith, including without limitation, schedules, riders and
certificates of acceptance.
(iv) The execution and delivery of any such Agreement and/or Schedule and all agreements, documents, and
instruments in connection therewith for and on behalf of the Public Entity are not prohibited by or in any manner restricted
by the terms of the Charter or other document pursuant to which the Public Entity is organized or of any loan agreement,
indenture or contract to which the Public Entity is a party or by which it or any of its property is bound.
(v) [STRIKE IF NOT APPLICABLE] The Public Entity did, at a duly called _____________ (regular or special)
meeting of the governing body of the Public Entity attended throughout by the requisite majority of the members thereof
held on the ______ day of ________________ by motion duly made, seconded and carried, in accordance with all
requirements of law, approve and authorize the execution and delivery of the Agreement, the related Schedule(s) and all
agreements, documents, and instruments in connection therewith on behalf of the Public Entity by the authorized
representative(s) of the Public Entity named in paragraph (ii) above. Such action approving the Agreement, the related
Schedule(s) and all agreements, documents, and instruments in connection therewith and authorizing the execution thereof
has not been altered or rescinded by the Public Entity.
(vi) No event or condition that constitutes (or with notice or lapse of time or both, would constitute) an Event of
Default, as defined in the Agreement, exists at the date hereof.
(vii) All insurance required in accordance with the Agreement is currently maintained by the Public Entity.
Page 221 of 404
Reference: Page 3 of 3
Secretary Clerk Certificate - Public Internal Use - Confidential
(viii) The Public Entity has, in accordance with the requirements of law, fully budgeted and appropriated sufficient
funds for the current budget year to make the Rent payments scheduled to come due during the first Fiscal Period and to
meet the Public Entity's other obligations for the first Fiscal Period, as such terms are defined in the Agreement, and such
funds have not been expended for other purposes.
(ix) The Fiscal Period of the Public Entity is from ___________________ to ___________________.
(x) The foregoing authority and information shall remain true and in full force and effect, and Lessor shall be
entitled to rely upon same, until written notice of the modification, rescission, or revocation of same in whole or in part, has
been delivered to Lessor, but in any event shall be effective with respect to any documents executed or actions taken in
reliance upon the foregoing authority prior to the delivery to Lessor of said written notice of said modification, rescission or
revocation.
IN WITNESS WHEREOF:
By: _____________________________________________
Name: __________________________________________
Title: ____________________________________________
(Clerk or Secretary)
Date: ___________________________________________
Subscribed to and sworn before me:
Notary Public: _____________________________________.
(Name)
Date: ______________________________________________.
My commission expires: ________________________________________.
Page 222 of 404
Pharos Financial Services
Billing and Schedule Information
Welcome to Pharos Financial Services (PFS). We look forward to establishing a long-lasting relationship with you and your
team. To ensure your account is setup properly in our systems please provide the information below, working with your
Accounts Payable team as needed. Once ready, return it to your PFS Sales Representative or send it to DFS_Customer_Setup@
Dell.com. If you have any questions about the form, contact your representative. Thank you.
I. Preparing Your A/P System to Remit PFS Payments:
Below is the most commonly requested information by our customers to assist them in setting up their systems to successfully
remit PFS payments. If you require any other information, please contact your representative.ACH Instructions (preferred)Wire Transfer InstructionsPayee InformationJPMorgan Chase Bank, N.A.
1 Chase Manhattan Plaza
New York, NY 10081
PFS Accounts Only
ABA # 021000021
Account # 432217011
MUST INCLUDE CONTRACT and SCHEDULE NUMBER OR INVOICE NUMBER
C7; format should be ¿rst choice if it is an option
Email remittance to USDFSCASHPAYMENTS@dell.com
JPMorgan Chase Bank, N.A.
1 Chase Manhattan Plaza
New York, NY 10081
PFS Accounts Only
ABA # 021000021
Account # 432217011
MUST INCLUDE CONTRACT and SCHEDULE NUMBER OR INVOICE NUMBER
Email remittance to USDFSCASHPAYMENTS@dell.com
JPM Swift Code for international wires only: CHASUS33
Pharos Financial Services, L.P., Payment Processing Center
Federal Tax ID# 04-3652033
PO Box 6549
Carol Stream, IL 60197-6549
II. Your Company Information:
Company Name:
Physical Address (primary location):
City, State, ZIP:
Federal Tax ID:
III. Schedules:
Name of recipient(s) to receive monthly schedules for reconciliation:
Attention: Email Address:
Name of individual(s) that will sign schedules this individual should be named as an authorized signatory on the Incumbency or Secretary Clerk Certi¿cate
Attention: Title:
Telephone Number: Email Address:
Would you prefer to sign your documents electronically via Echosign? Yes No (not available to Public entities)
Do any of the following criteria need to appear on your schedule?*
Cost Center Equipment Type Equipment Location PO Number
*Invoices will follow the format of the schedule and include a breakout of the items above if requested.
IV. Purchase Orders:
Your PO should be issued to Pharos Financial Services L.P.
If you are unable to issue purchase orders to PFS please specify how the PO will be issued:
Do you utilize blanket PO’s? Yes No
Do you use a diႇerent PO for payment versus procurement" <es 1o
Is PO ful¿llment required for scheduling" <es 1o
PFS will consolidate shipped orders and place on a schedule for your review. If you have any special consolidation requirements,
please contact your PFS Sales representative.
Is board approval necessary? Yes No If yes, when are meetings held?
Fiscal Year is from to
Page 223 of 404
VIII. Additional Tax Information:
Sales/Use Tax Exemption: Please provide your ta[ e[emption or direct pay certi¿cate to both P)S and the product vendor.
Certi¿cates intended for Leases should be issued to Pharos )inancial Services, L.P. and those for Loans should be issued to the
product vendor. Where required, sales/use taxes will be assessed and invoiced to PFS by the vendor.
Note: If ta[ e[empt, a valid 7a[ ([emption or Direct Pay Certi¿cate must be provided for each state in which the products are located.
7a[ E[empt &erti¿cate 5eTXirementV
• Address to Pharos Financial Services L.P.
• Should coincide with the date the schedule is signed
List a description of the items computer hardwaresoftware is generally suႈcient
• Signed by an authorized employee/owner
7he IollowinJ are not acceptaEle IormV oI 7a[ E[emption &erti¿cateV
I5S letter declaring the company as a nonpro¿t 0C entity
• CA letter exempting a company from Franchise and Income Tax
• W-9 form
State registration certi¿cates
0ississippi is the only state that accepts the I5S letter as an acceptable e[emption certi¿cate
Business Personal Property Tax: 7angible business personal property is ta[able in most states. In general, the de¿nition of tan-
gible property is personal property that can be seen, weighed, measured, felt, or otherwise perceived by the senses but does not
include a document that constitutes evidence of a valuable interest, claim, or right and has negligible or no intrinsic value.
VI. Invoice Preferences (choose one from each category):
Note: the typical invoice processing time is 30 days. If you require more time, please contact your PFS Sales Representative.
Invoice Options: Contract Level (one invoice per contract)Consolidated (one invoice for all contracts that have the same due date)
Invoice Format: Detail (asset level) Summary
Delivery Format: Paper (USPS) PDF (paper copy is not mailed) Electronic CSV (converted to Excel)
3rd Party Invoicing Tool, Ariba/SAP (enter tool name):
Do you need separate invoices for miscellaneous billings? Yes No
Do you require a PO number on the invoice to process payment? Yes No
V. Invoicing/Billing Contact Information:
Accounts Payable (AP) Contact Name:
Does this billing address match the primary location above? Yes (If yes, please skip and proceed to Invoice Preference) No
AP Address:
City, State, ZIP:
County:
AP Email Address:AP Direct Telephone Number:
(mail $ddress for PD) or (lectronic Invoices if diႇerent than $P contact
VII. Taxes and Fees:
Is your company/entity tax exempt? Yes No
If not e[empt, do you intend to ¿nance upfront ta[ if applicable on the schedules contracts "<es 1o
Personal Property Tax (PPT): Rebill Annually Monthly Property Management Fee
California (nvironmental )ee Do you intend to ¿nance the California (nvironmental )ee, if applicable"<es 1o
Do you intend to ¿nance shipping by adding shipping costs for the products to your schedule"<es 1o
We appreciate for taking the time to provide the information above. Our goal is to provide a seamless schedule and invoice delivery.
Thank you for choosing Pharos Financial Services.
Page 224 of 404
Dell - Restricted - Confidential
Pharos Financial Services Lease Schedules
Fair Market Value
Software
DATE
Page 225 of 404
Reference: Page 1 of 2
Master Lease Schedule FMV - Public
TRUE LEASE SCHEDULE NO.
MASTER LEASE AGREEMENT NO.
THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER LEASE
AGREEMENT NO. ("Agreement") DATED BETWEEN PHAROS FINANCIAL SERVICES L.P. ("Lessor")
AND ("Lessee").
Lessor hereby agrees to lease and/or make available to Lessee subject to the terms, conditions and provisions set forth in
this Schedule and in the Agreement, the Products described below. Any capitalized term used herein and not defined
herein shall have the meaning ascribed to it in the Agreement.
PRODUCT DESCRIPTION AND LOCATION: See below or Exhibit “A” attached to and made a part hereof.
PRODUCT SELLER:
Product
Description
Product
Location
Lessee Purchase
Order No.
Rent* Primary Term
(Mos.)
Commencement
Date**
See Exhibit 'A' See Exhibit 'A'
Total Product Acquisition Cost:
Rent is payable: in
Payment Period:
*Lessee is responsible for applicable taxes, shipping and other amounts as described in the Agreement, and, with the first
payment of Rent, any prorated Rent if applicable. Such amounts are further described in Exhibit “A”.
**The Commencement Date may be extended for one Payment Period until the Schedule is returned in accordance with
the terms in the Agreement. Lessor may charge Lessee prorated Rent accruing from the Acceptance Date to the
Commencement Date, as such date is finally determined.
TRUE LEASE PROVISIONS
The following provisions shall apply with respect to this Schedule in addition to those provisions in the Agreement:
1. TRUE LEASE: The parties intend for this lease to constitute a true lease of Products under the UCC and all applicable
laws. If this Lease is determined to be a lease intended as security, in no event shall Lessee be obligated to pay any time
price balance differential in excess of the maximum amount permitted by applicable law (as specified herein or the state
where the Products are located, whichever law permits the greater amount). In the event Lessor shall receive anything of
value under a Lease that is deemed interest which would exceed the maximum amount of interest allowed under the law,
the excess amount shall be applied to the reduction of the unpaid time price balance or shall be refunded to Lessee. In
order to reduce the unpaid time price balance, any amount deemed interest shall, to the fullest extent permitted by applicable
law, be amortized and spread uniformly throughout the Lease Term."
2. END OF LEASE OPTIONS.
(a) Provided that no Event of Default has occurred and is continuing, and at least 90 days but no more than 180
days prior to the expiration of the Primary Term (the "Expiration Date"), Lessee will give irrevocable written notice to Lessor
of its intention to either:
(i) purchase all of the Products at the Fair Market Value (as defined below);
(ii) renew the Lease Term for a minimum of six (6) months at a rate and for a term agreed upon by both parties; or
(iii) return all of the Products in accordance with the Agreement.
Page 226 of 404
Reference: Page 2 of 2
Master Lease Schedule FMV - Public
(b) If Lessee exercises the option to purchase the Products then, upon receipt of payment of the "Fair Market
Value" (defined below), plus applicable taxes, Lessor will sell the Products to Lessee AS IS-WHERE IS, WITHOUT
WARRANTY OR RECOURSE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING ANY WARRANTIES OF DESIGN,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. The Fair Market Value
purchase price shall be paid on or before the last day of the Primary Term. "Fair Market Value" means the price of the
Products, installed, in use and in the condition required by the Agreement as determined by Lessor in its reasonable
judgment. If Lessee disagrees with the Fair Market Value, Lessee shall notify Lessor in writing within 60 days prior to the
Expiration Date and, upon Lessee's request, and within ten (10) days after receipt of Lessee's notice, Lessor shall appoint
a qualified appraiser reasonably acceptable to Lessee to appraise the retail value of the Products. The amount determined
by such appraiser shall be the final Fair Market Value. Lessor and Lessee shall share the expense of such appraisal equally.
(c) If Lessee desires to renew a lease, Lessee and Lessor shall enter into a supplement to this Schedule
describing the length of the renewal Lease Term and the renewal Rent provided, however, all other terms of this Schedule
and the Agreement shall remain in full force and effect.
(d) Whether or not Lessee has given Lessor notice if its intent as described above, if Lessee does not return or
purchase the Products or renew the Lease as required above, the Lease Term shall automatically extend on a month-to-
month basis at the Rent in effect on the Expiration Date (prorated on a monthly basis if the Payment Period was other than
monthly during the Primary Term). Such extension shall continue until Lessee: (i) provides thirty (30) days prior written
notice of its intention to return or purchase the Products (to take effect on the next Rent payment date that is at least 30
days after the notice is received by Lessor) and (ii) either returns or purchases all of the Products in accordance with the
End of Lease options above. Payments of Rent during the month-to-month extension are due and payable monthly as
specified in Lessor's invoice. If Lessee fails to return or purchase any Products, the Schedule and associated Rent for the
Products that have not been returned or purchased shall extend on a month-to-month basis in accordance with the prior
sentence.
3. COMPLETION OF SCHEDULE. Lessee hereby authorizes Lessor to insert or update the serial numbers of the
Products from time to time if necessary.
If Lessee delivers this signed Schedule, any amendment or other document related to this Schedule or the Master Lease
(each a "Document") to Lessor by facsimile transmission, and Lessor does not receive all of the pages of that Document,
Lessee agrees that, except for any pages which require a signature, Lessor may supply the missing pages to the Document
from Lessor's database which conforms to the version number at the bottom of the page. If Lessee delivers a signed
Document to Lessor as an e-mail attachment, facsimile transmission or by U.S. mail, Lessee acknowledges that Lessor is
relying on Lessee's representation that the Document has not been altered. Lessee further agrees that, notwithstanding
any rule of evidence to the contrary, in any hearing, trial or proceeding of any kind with respect to a Document, Lessor may
produce a tangible copy of the Document transmitted by Lessee to Lessor by facsimile or as an e-mail attachment and such
signed copy shall be deemed to be the original of the Document. To the extent (if any) that the Document constitutes chattel
paper under the Uniform Commercial Code, the authoritative copy of the Document shall be the copy designated by Lessor
or its assignee, from time to time, as the copy available for access and review by Lessee, Lessor or its assignee. All other
copies are deemed identified as copies of the authoritative copy. In the event of inadvertent destruction of the authoritative
copy, or corruption of the authoritative copy for any reason or as the result of any cause, the authoritative copy may be
restored from a backup or archive copy, and the restored copy shall become the authoritative copy. At Lessor's option, this
electronic record may be converted into paper form. At such time, such paper copy will be designated or marked as the
authoritative copy of the Document.
By signing below, each of the parties hereto agrees to be bound by the terms of the Agreement, this Schedule and the
attached Exhibit “A”.
"Lessee"
By:
Name:
Title:
Date:
PHAROS FINANCIAL SERVICES L.P.
By: PHAROS FINANCIAL SERVICES, INC. ITS
GENERAL PARTNER
“Lessor”
By:
Name:
Title:
Date:
Page 227 of 404
Reference: Page 1 of 3
Master Lease Schedule Software Only
MASTER LEASE AGREEMENT SCHEDULE NO.
(SOFTWARE AND/OR SERVICES ONLY FINANCING SCHEDULE)
THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER LEASE
AGREEMENT NO. AND ANY AMENDMENTS, IF APPLICABLE, ("Agreement") DATED BETWEEN
PHAROS FINANCIAL SERVICES L.P. ("Lessor") AND ("Lessee"). If the entity named on this Schedule is not
the Lessee named under the Agreement, then such entity, if an affiliate of Lessee approved in writing in advance by Lessor,
shall be deemed the Lessee under this Schedule.
Lessor hereby agrees to lease and/or make available to Lessee subject to the terms, conditions and provisions set forth in
this Schedule and in the Agreement, the Products described below. Any capitalized term used herein and not defined
herein shall have the meaning ascribed to it in the Agreement.
PRODUCT DESCRIPTION AND LOCATION: See below or Exhibit “A” attached to and made a part hereof.
PRODUCT SELLER:
Product
Description
Product
Location
Lessee Purchase
Order No.
Rent* Primary Term
(Mos.)
Commencement
Date**
See Exhibit 'A' See Exhibit 'A'
Total Product Acquisition Cost:
Rent is payable: in
Interest Rate:
Payment Period:
*Lessee is responsible for applicable taxes, shipping and other amounts as described in the Agreement, and, with the first
payment of Rent, any prorated Rent if applicable. Such amounts are further described in Exhibit “A”.
**The Commencement Date may be extended for one Payment Period until the Schedule is returned in accordance with
the terms stated in the Agreement. Lessor may charge Lessee prorated Rent accruing from the Acceptance Date to the
Commencement Date, as such date is finally determined.
NATURE OF SCHEDULE: Lessee and Lessor acknowledge that this Schedule is strictly a financing arrangement providing
for the repayment of a lease purchase in the amount of the Lessor's Basis (as defined below) made by Lessor to Lessee by
performing Lessee's payment obligations to the Product Seller under Lessee's Purchase Order referenced above and is to
be repaid as and when set forth herein. The amount of the Rent payments provided for herein represents payments of
principal and interest on such lease purchase.
PRODUCTS CONSISTING SOLELY OF SOFTWARE AND/OR SERVICES: The Products covered by this Schedule
consist exclusively of the Software and/or services identified on Exhibit A; that Lessee hereby acknowledges have been
delivered, installed, and accepted by Lessee. Lessee and Lessor agree that (i) any language in the Agreement pertaining
to Lessor's ownership of the Products and (ii) the following sections of the Agreement shall not apply to this Schedule: 7
(Return); 9 (Alterations); 13(a)(ii) (in so far as it purports to provide Lessor a right to sell, lease, or otherwise dispose of any
Products that would violate the underlying license, service or similar agreement); and, 16 (Ownership; Liens and
Encumbrances; Labels). Notwithstanding the foregoing, Lessee acknowledges that the remaining terms and conditions of
the Agreement shall apply to this Schedule including without limitation: Sections 4 (Rent; Taxes; Payment Obligation); 5
Page 228 of 404
Reference: Page 2 of 3
Master Lease Schedule Software Only
(Licensed Materials); 11 (Warranty Assignment; Exclusion of Warranties; Limitation of Liability; Finance Lease); 15
(Indemnification); and, 21(i) (Limit on Interest Charges). This Schedule shall terminate upon the expiration of the Primary
Term without extension or renewal; provided, however, that such termination of the Schedule shall not effect obligations of
Lessee accruing prior to the termination.
ADDITIONAL PROVISIONS: For purposes of this Schedule, the “Lessor's Basis” shall consist of the following amounts: (i)
the Total Product Acquisition Cost set forth above; plus (ii) all other amounts that become due and owing under this Schedule
that are not included in the amounts paid to Lessor pursuant to clause (i). As security for Lessee's obligations hereunder,
Lessee grants Lessor, a first-priority security interest in all of Lessee's rights and interest in and to the Products (including
with respect to any Software or services, Lessee's right to use the Software and right to obtain the services) and all proceeds
thereof (including without limitation any refunds with respect to the Software and services financed under this Schedule
(each a “Refund”) that are received by Lessee or that Lessee has a right to receive), free and clear of all security interests,
liens or encumbrances whatsoever. Upon Lessor's written instructions after an Event of Default with respect to this
Schedule, Lessee agrees to (a) immediately cease using the Software and obtaining the services, (b) deinstall and delete
all copies of the Software from any computer systems owned or controlled by Lessee or used for Lessee's benefit, and (c)
provide Lessor with a certificate signed by an authorized representative of Lessee attesting to such cessation of use and
services, deinstallation, deletion and destruction. In the event that Lessee shall be entitled to a Refund from the Seller,
Lessee authorizes Lessor to deliver a copy of this Schedule to the Seller as evidence of Lessee's consent to Lessor's
collection and receipt of the Refund directly; provided, however, nothing herein shall obligate Lessor to pursue Lessee's
Refund rights (if any do exist) or modify, excuse or limit Lessee's obligations pursuant to this Schedule that Lessee
acknowledges and agrees are absolute and unconditional. Lessor shall apply any Refund actually received by Lessor
against the next scheduled Rent payment(s) and all other amounts owed under this Schedule. Lessee agrees that it shall
owe any unpaid amounts hereunder remaining after application of such Refund. Finally, notwithstanding anything in the
Agreement to the contrary, the Stipulated Loss Value that Lessee may be required to pay Lessor upon an Event of Default
under this Schedule shall equal the total sum of the then remaining payments due and unpaid under this Schedule for the
Primary Term discounted at the lesser of (x) the discount rate of the Federal Reserve Bank of Chicago on the
Commencement Date of this Schedule and (y) the interest rate set forth above.
COMPLETION OF SCHEDULE: Lessee hereby authorizes Lessor to insert or update the serial numbers of the Products
as necessary.
If Lessee delivers this signed Schedule, any amendment or other document related to this Schedule or the Master Lease
(each a “Document”) to Lessor by facsimile transmission, and Lessor does not receive all of the pages of that Document,
Lessee agrees that, except for any pages which require a signature, Lessor may supply the missing pages to the Document
from Lessor's database which conforms to the version number at the bottom of the page. If Lessee delivers a signed
Document to Lessor as an e-mail attachment, facsimile transmission or by U.S. mail, Lessee acknowledges that Lessor is
relying on Lessee's representation that the Document has not been altered. Lessee further agrees that, notwithstanding
any rule of evidence to the contrary, in any hearing, trial or proceeding of any kind with respect to a Document, Lessor may
produce a tangible copy of the Document transmitted by Lessee to Lessor by facsimile or as an e-mail attachment and such
signed copy shall be deemed to be the original of the Document. To the extent (if any) that the Document constitutes chattel
paper under the Uniform Commercial Code, the authoritative copy of the Document shall be the copy designated by Lessor
or its assignee, from time to time, as the copy available for access and review by Lessee, Lessor or its assignee. All other
copies are deemed identified as copies of the authoritative copy. In the event of inadvertent destruction of the authoritative
copy, or corruption of the authoritative copy for any reason or as the result of any cause, the authoritative copy may be
restored from a backup or archive copy, and the restored copy shall become the authoritative copy. At Lessor's option, this
electronic record may be converted into paper form. At such time, such paper copy will be designated or marked as the
authoritative copy of the Document.
By signing below, each of the parties hereto agrees to be bound by the terms of the Agreement, this Schedule and the
attached Exhibit “A”.
Page 229 of 404
Reference: Page 3 of 3
Master Lease Schedule Software Only
EXECUTED by the undersigned on the dates set forth
below, to be effective as of the Effective Date.
{Lessee Name}
“Lessee”
BY:
NAME:
TITLE:
DATE:
PHAROS FINANCIAL SERVICES L.P.
By: PHAROS FINANCIAL SERVICES, INC. ITS
GENERAL PARTNER
“Lessor”
BY:
NAME:
TITLE:
DATE:
Page 230 of 404
Reference: Page 1 of 1
Validity Opinion Letter - Public
Internal Use - Confidential
SAMPLE VALIDITY OPINION LETTER
TO BE EXECUTED ON COUNSEL'S LETTERHEAD
To:
Ladies and Gentlemen:
We are counsel to (the "Lessee") and, in that capacity, we have examined Master Lease Agreement No. , dated
as of , and the Lease Schedule No. to Master Lease Agreement No thereto, dated as of (collectively the
"Agreement"), between the Lessee and Dell Financial Services L.L.C. (the "Lessor").
Based on our examination of the Agreement and such other examinations as we have deemed appropriate, we are of the
opinion as follows:
(a) The Lessee is an entity duly organized and existing under and by virtue of the authorizing statute or constitutional provisions
of the State of ___________________________ and is a state or political subdivision thereof as described in Section 103(a) of the
Internal Revenue Code of 1986, as amended, with full power and authority to enter into the Agreement and the transactions contemplated
thereby and to perform all of its obligations thereunder;
(b) The Agreement has been duly authorized, executed and delivered by ________________________*,
________________________ of the Lessee by proper action of its governing board at a meeting duly called, regularly convened and
attended throughout by the requisite majority of the members thereof or by other appropriate official approval, and all requirements have
been met and procedures have occurred in order to ensure the validity and enforceability of the Agreement against the Lessee;
(c) The Agreement constitutes the valid, legal and binding obligation of the Lessee, enforceable in accordance with its terms;
(d) No approval, consent or withholding of objection is required from any federal, state or local governmental authority or
instrumentality with respect to the entering into or performance by the Lessee of the Agreement and the transactions contemplated
thereby;
(e) Lessee has complied with any applicable public bidding requirements and other applicable state and federal laws in
connection with the Agreement and the transactions contemplated thereby;
(f) The entering into and performance of the Agreement will not violate any judgment, order, law or regulation applicable to
the Lessee or result in any breach of, or constitute a default under, any instrument to which the Lessee is a party or by which it or its
assets may be bound, or result in the creation of any lien, charge, security interest or other encumbrance upon any assets of the Lessee
or on the Products, other than those created by the Agreement;
(g) The Products are tangible personal property and when subject to use by the Lessee will not be or become fixtures or real
property under the laws of the State of ___________________________;
(h) There are no actions, suits, proceedings, inquiries or investigations, at law or in equity, before or by any court, public board
or body, pending or threatened against or affecting, nor to the best of our knowledge and belief is there any basis therefor, which, if
determined adversely to Lessee, will have a material adverse effect on the ability of the Lessee to fulfill its obligations under the Agreement;
and
(i) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for Lessee's
current Fiscal Period to make the Rent payments scheduled to come due during Lessee's current Fiscal Period and to meet its other
obligations under the Agreement for the current Fiscal Period, and such funds have not been expended for other purposes.
This opinion is delivered to the addressee for its benefit and the benefit of its assigns for the purpose contemplated by the Agreement.
Very truly yours,
*Authorized Signatory of Lessee under the Agreement.
Page 231 of 404
Title Page
Lenovo (United States) Inc. Response to
the National Cooperative Purchasing
Alliance c/o Region 14 Education Service
Center
RFP # 45-22: Technology Solutions,
Products, and Services
November 17, 2022
Steven Franco
Account Executive
432-269-9996
sfranco@lenovo.com
Attachment 2
Page 232 of 404
Lenovo (United States) Inc. 2
Cover Letter
Lenovo.com 8001 Development Drive
Morrisville, NC 27560
November 17, 2022
National Cooperative Purchasing Alliance
c/o Region 14 Education Service Center
P.O. Box 701273
Houston, TX 77270
Re: Lenovo (United States) Inc. Response to RFP # 45-22: Technology Solutions, Products, and
Services
Dear Selection Committee,
Lenovo knows that smarter technology can help organizations transform how they operate, the services they
deliver, and how they collaborate and interact with citizens and communities. Ultimately, it’s about connecting
people, priorities, and technology in important ways. Lenovo’s broad product portfolio, deep expertise, and
relentless focus on innovation makes us the ideal partner for this important work.
Thank you for the opportunity to offer what Lenovo believes is an exciting technology solution to meet
National Cooperative Purchasing Alliance’s (NCPA’s) requirements. We are confident that our deep public
sector expertise and dedication to our partnership with you will ensure a successful technology decision and
contribute to improved agency outcomes. Our proposal outlines a few of our many commitments to the
continued success of your organization.
Unparalleled Technology Leadership
As the world’s leading PC company, Lenovo enjoys a record market share of 24.8 percent, per Gartner’s
Market Share Analysis (Q2 2022). Our leadership position is built on a solid, award-winning product portfolio
that stretches from mobile endpoints to high-performance, hyperconverged data center productivity, and
includes a broad selection of accessories to maximize IT dollars. We combine our breakthrough hardware
innovation with a full ecosystem of service and solutions partners to give our customers streamlined answers
for their technology challenges.
Experienced Government Agency Partner
Our commitment to the public sector runs deep. We have invested in dedicated federal, state, and local
government account teams, and created a dedicated center of excellence for contracts and procurement.
Lenovo delivers unprecedented reliability and unbeatable mobility to over 900 state and local agencies across
America. Additionally, over 22 military and civilian federal agencies choose Lenovo to modernize their
mission. Lenovo is a trusted provider to various federal agencies, including the Department of Defense,
Department of Veterans Affairs, and the Department of Energy.
Unbeatable Product Quality, Durability, and Innovation
Because workstyles are more demanding than ever, we offer the broadest portfolio of MIL-SPEC-tested
products and subject our machines to even more stringent examinations internally. Lenovo is committed to
continuously improving the quality and value of our products and solutions.
Page 233 of 404
Lenovo (United States) Inc. 3
Secure from the Inside Out
We share your commitment to end-to-end security, as evidenced in our TAA-compliant products and supply
chain. Additionally, we incorporate NIST and TCG standards as well as TPM 2.0 and secure BIOS firmware
for peace of mind. The result is trustworthy technology to drive the most critical agency functions.
U.S. Investments
In addition to the investments in our Morrisville, North Carolina headquarters, Lenovo maintains both its
enterprise campus and its U.S. fulfillment center in North Carolina. This results in 6,800+ employees and an
annual economic impact of $1 billion for North Carolina. Lenovo purchases $10 billion in goods and services
from U.S. companies annually.
Lenovo’s commitment to providing meaningful, end-to-end technology solutions has made us the world’s top
technology partner in the public sector market. Should you have any questions or require additional
information, please reach out to the Lenovo team at your convenience.
Sincerely,
Darren Estridge
Executive Director
Page 234 of 404
Lenovo (United States) Inc. 4
Table of Contents
Title Page ......................................................................................... 1
Cover Letter ..................................................................................... 2
Table of Contents ............................................................................ 4
Tab 1 – Master Agreement/Signature Form ................................... 5
Master Agreement ‒ General Terms and Conditions .................................. 5
Process ...................................................................................................... 10
Evaluation Criteria ..................................................................................... 13
Signature Form .......................................................................................... 14
Tab 2 – NCPA Administration Agreement .....................................15
Acknowledgment of Contractor Requirements .......................................... 17
Tab 3 – Vendor Questionnaire .......................................................18
Tab 4 – Vendor Profile ....................................................................22
Tab 5 – Products and Services/Scope ..........................................30
Products .................................................................................................... 31
Services ..................................................................................................... 33
Financial Services Offerings ...................................................................... 35
Tab 6 – References .........................................................................37
Tab 7 – Pricing ................................................................................41
Tab 8 – Value Added Products and Services ................................43
Tab 9 – Required Documents ........................................................46
Federal Required Signatures .................................................................... 48
Antitrust Certification Statements Texas Government Code § 2155.005 . 49
Appendix A: Lenovo Customer Agreement ..................................50
Page 235 of 404
Lenovo (United States) Inc. 5
Tab 1 – Master Agreement/Signature Form
Master Agreement ‒ General Terms and Conditions
Customer Support
The vendor shall provide timely and accurate technical advice and sales support. The vendor shall
respond to such requests within one (1) working day after receipt of the request.
Lenovo concurs.
Disclosures
Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter
any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to
a public servant in connection with this contract.
The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently,
and is submitted without collusion with anyone to obtain information or gain any favoritism that would in
any way limit competition or give an unfair advantage over other vendors in the award of this contract.
Lenovo concurs.
Renewal of Contract
Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to
five (5) additional one-year terms or any combination of time equally not more than 5 years if agreed to by
Region 14 ESC and the vendor.
Lenovo concurs with the understanding that such renewals will be based upon the mutual agreement of
the parties.
Funding Out Clause
Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the
acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue
only, provided the contract contains either or both of the following provisions:
Retains to the entity the continuing right to terminate the contract at the expiration of each budget period
during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain
appropriate funds for payment of the contract.
Lenovo concurs.
Shipments (if applicable)
The awarded vendor shall ship ordered products within seven (7) working days for goods available and
within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a
product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as
to why the product has not shipped and shall provide an estimated shipping date. At this point the
participating entity may cancel the order if estimated shipping time is not acceptable.
Lenovo understands and will comply.
Lenovo takes our commitments to customers very seriously and will establish and implement processes
for NCPA to ensure that product delivery and installation timeframes are met.
Our Lenovo Direct Fulfillment goal is to offer NCPA our best-of-breed products, aggressively priced, with
a fulfillment model customized to your unique requirements. In the US, Lenovo should be able to ship
standard topseller products within 7 business days, and standard and forecasted custom products within
4 to 6 weeks from receipt by Lenovo of a valid purchase order. If the ship date extends beyond these time
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frames, Lenovo will communicate with the customer the revised ship date as information becomes
available.
This order fulfillment objective does not apply to initial orders for custom models. When Lenovo creates a
custom model based on unique requirements, these models are subject to a “First Off Test” (FOT) which
is a process to ensure that the newly created custom model is technically valid, properly manufactured,
and has a functional configuration.
Standard shipping is assumed, and premium shipping is available upon request for an additional fee.
Lenovo will be pleased to meet with NCPA and discuss solutions to meet your specific delivery
requirements.
Tax Exempt Status
Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.
Lenovo concurs.
Payments
The entity using the contract will make payments directly to the awarded vendor or their affiliates
(distributors/business partners/resellers) as long as written request and approval by NCPA is provided to
the awarded vendor.
Lenovo concurs.
Adding Authorized Distributors/Dealers
Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout
the life of the contract. Vendor must receive written approval from NCPA before such
distributors/partners/resellers considered authorized.
Purchase orders and payment can only be made to awarded vendor or distributors/ business
partners/resellers previously approved by NCPA.
Pricing provided to members by added distributors or dealers must also be less than or equal to the
pricing offered by the awarded contract holder.
All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's
agreement with NCPA.
Lenovo concurs.
Pricing
All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It
is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.
All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless
otherwise clearly stated in writing
Lenovo concurs for hardware and software products.
For Lenovo services, the pricing contained herein is exclusive of any travel and living expenses, other
reasonable expenses incurred in connection with the services, and any applicable taxes.
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Lenovo (United States) Inc. 7
Warranty
Proposal should address the following warranty information:
• Applicable warranty and/or guarantees of equipment and installations including any conditions and
response time for repair and/or replacement of any components during the warranty period.
• Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed information as to proposed return policy on all equipment
Products: Vendor shall provide equipment, materials and products that are new unless otherwise
specified, of good quality and free of defects
Construction: Vendor shall perform services in a good and workmanlike manner and in accordance with
industry standards for the service provided.
Lenovo’s Limited Warranty
Please note, as Lenovo proposes to utilize the Lenovo Customer Agreement as the basis for the terms
and conditions governing Lenovo’s products and services, the issue of warranty is fully addressed within
that Agreement. Installation services are not considered part of warranty service but may be obtained
through a value-added service.
Please refer to Attachment A, D, and E inside Lenovo’s Customer Agreement for applicable Warranty
Service Terms.
Please refer to Appendix A: Lenovo Customer Agreement on page 50 for a copy of the Lenovo Customer
Agreement.
Warranty Parts Process for Lenovo
Lenovo maintains service parts throughout the warranty/service period. Lenovo makes commercially
reasonable efforts to maintain service parts for five years from product launch date.
A key fundamental component of product warranty is our Parts Depots. Support for Lenovo Think and
System x products is made available through our industry leading parts inventory management system.
This service support system includes automated dispatch, updated service technologies, preventive
maintenance activities, and a parts distribution system.
Lenovo’s parts stocking and distribution strategy is for parts to be readily available for delivery to a
customer’s location to meet the required levels of service for each machine type. Parts are stocked in
Mechanicsburg, PA, for Think and System x products and in Grapevine, TX, for Idea products. Efforts are
made to support these geographic areas at an availability level in excess of 80-85 percent of total
requirements.
Regardless of warranty status, Lenovo will cross ship new or equivalent-to-new parts the same day they
are ordered, provided order is placed before 3 p.m. (ET). For orders received after that time, Lenovo will
ship the part out to meet the service response objectives. In many cases, Lenovo does not require receipt
of the failed part before sending out a new part.
Support for third-party products and software is provided directly by the vendor of the product. The
combination of an excellent parts inventory, service representative, and additional support structure for
Lenovo-branded products will ensure that NCPA receives world-class service coverage.
Life Expectancy
Lenovo Think, notebook, desktop, servers, and workstation products as well System x server and storage
products are highly durable and engineered for a four- to five-year lifecycle.
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Returns
Lenovo’s return policy for public sector customer is 30 days. When a return is needed due to dead-on-
arrival (DOA) devices, damaged product, incorrect quantity, or incorrect product delivered, the claim has
to be submitted to the appropriate Lenovo inside sales or customer service representative. After analysis
and internal approvals, Lenovo will manage the collection of the product from the customer site. Lenovo
will then refund the customer for the amount paid for the product that is returned.
Safety
Vendors performing services shall comply with occupational safety and health rules and regulations. Also
all vendors and subcontractors shall be held responsible for the safety of their employees and any
conditions that may cause injury or damage to persons or property.
Lenovo concurs.
Permits
Since this is a national contract, knowing the permit laws in each state is the sole responsibility of the
vendor.
Lenovo concurs.
Indemnity
The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants,
administrators, employees and agents against all claims, damages, losses and expenses arising out of or
resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of
the solicitation and the later execution of the contract.
Please note, Lenovo proposes to utilize the Lenovo Customer Agreement as the basis for the terms and
conditions governing the purchase of Lenovo’s products and services by the Consortium. Lenovo's
proposed patent and copyright protection and IP infringement protection is located in Section 16 of the
Agreement. Please refer to Appendix A: Lenovo Customer Agreement on page 50 for a copy of the
Lenovo Customer Agreement.
Franchise Tax
The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise
taxes.
To the best of our knowledge and belief, Lenovo is not currently delinquent in the payment of any Texas
franchise taxes.
Supplemental Agreements
The entity participating in this contract and awarded vendor may enter into a separate supplemental
agreement to further define the level of service requirements over and above the minimum defined in this
contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental
agreement developed as a result of this contract is exclusively between the participating entity and
awarded vendor.
Lenovo concurs.
Certificates of Insurance
Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The
insurance company shall be licensed in the applicable state in which work is being conducted. The
awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any
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Lenovo (United States) Inc. 9
modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing
any work to maintain coverage as specified.
Lenovo concurs with the clarification that notification shall be in accordance with the terms and conditions
of the applicable policy provisions.
Legal Obligations
It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws
governing the sale of products/services identified in this RFP and any awarded contract and shall comply
with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically
identified herein.
Lenovo concurs that it will comply with all local, state, and federal laws applicable to Lenovo as a provider
of information technology products and services.
Protest
A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the
official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14
ESC and shall include the following:
• Name, address and telephone number of protester
• Original signature of protester or its representative
• Identification of the solicitation by RFP number
• Detailed statement of legal and factual grounds including copies of relevant documents and the form of
relief requested
Any protest review and action shall be considered final with no further formalities being considered.
Lenovo understands.
Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out
its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure
in writing to the other party within a reasonable time after occurrence of the event or cause relied upon,
and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be
suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no
longer period, and such party shall endeavor to remove or overcome such inability with all reasonable
dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other
industrial disturbances, act of public enemy, orders and regulation of any kind of government of the
United States or any civil or military authority; insurrections; riots; epidemics; pandemic; landslides;
lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of
government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or
canals, or other causes not reasonably within the control of the party claiming such inability. It is
understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of
the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the
demands of the opposing party or parties when such settlement is unfavorable in the judgment of the
party having the difficulty
Lenovo concurs.
Prevailing Wage
It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation
in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor
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Lenovo (United States) Inc. 10
the prevailing wage rates as established by the appropriate department of labor for any increase in rates
during the term of this contract and adjust wage rates accordingly.
Lenovo does not believe that any prevailing wage laws would be applicable to Lenovo’s provision of
products and services under any contract resulting from this solicitation.
Termination
Either party may cancel this contract in whole or in part by providing written notice. The cancellation will
take effect 30 business days after the other party receives the notice of cancellation. After the 30th
business day all work will cease following completion of final purchase order.
Lenovo is in general agreement with the termination rights provided for above, with the understanding
that Lenovo would be reimbursed for any products and services Lenovo delivers through the date of
termination, as well as any reimbursable expenses Lenovo incurs. Lenovo would also seek
reimbursement of any applicable adjustment or termination charges and for expenses Lenovo incurs as a
result of such termination (which Lenovo will take reasonable steps to mitigate), all in accordance with the
provisions of the Lenovo Customer Agreement which can be found in Appendix A: Lenovo Customer
Agreement on page 50.
Open Records Policy
Because Region 14 ESC is a governmental entity, responses submitted are subject to release as public
information after contracts are executed. If a vendor believes that its response, or parts of its response,
may be exempted from disclosure, the vendor must specify page-by-page and line-by-line the parts of the
response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are
applicable and provide detailed reasons to substantiate the exception(s).
The determination of whether information is confidential and not subject to disclosure is the duty of the
Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render
an opinion and therefore, vague and general claims to confidentiality by the respondent are not
acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no
responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult
with their legal counsel concerning disclosure issues resulting from this procurement process and to take
precautions to safeguard trade secrets and other proprietary information.
Lenovo understands.
Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes,
ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC
in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined
to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for
evaluation, response must have been submitted on time, and satisfy all mandatory requirements
identified in this document.
Lenovo concurs.
Contract Administration
The contract will be administered by Region 14 ESC. The National Program will be administered by
NCPA on behalf of Region 14 ESC.
Lenovo understands.
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Lenovo (United States) Inc. 11
Contract Term
The contract term will be for three (3) year starting from the date of the award. The contract may be
renewed for up to five (5) additional one-year terms or any combination of time equally not more than 5
years.
It should be noted that maintenance/service agreements may be issued for up to (5) years under this
contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any
maintenance agreements for the term of the agreement provided they are signed prior to the termination
or expiration of this contract.
Lenovo understands.
Contract Waiver
Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized
agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be
deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may
hold under this contract.
Lenovo understands.
Price Increases
Should it become necessary, price increase requests may be submitted at any point during the term of
the contract by written amendment. Included with the request must be documentation and/or formal cost
justification for these changes. Requests will be formally reviewed, and if justified, the amendment will be
approved.
Lenovo understands.
Products and Services Additions
New Products and/or Services may be added to the resulting contract at any time during the term by
written amendment, to the extent that those products and/or services are within the scope of this RFP.
Lenovo concurs.
Competitive Range
It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the
competitive range are unacceptable and do not receive further award consideration.
Lenovo understands.
Deviations and Exceptions
Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14
ESC to award a vendor’s complete line of products and/or services, when possible.
Lenovo understands.
Estimated Quantities
While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for Products
and Services purchased under the proposed Master Agreement is $400 million dollars annually. This
estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA
program.
Lenovo understands.
Evaluation
Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant
statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the
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Lenovo (United States) Inc. 12
lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple
factors, each factor being assigned a point value based on its importance.
Lenovo understands.
Formation of Contract
A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms,
conditions, scope of work, and specifications contained in this request. A solicitation does not become a
contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature
Form with the response thus, eliminating the need for a formal signing process. Contract award letter
issued by Region 14 ESC is the counter-signature document establishing acceptance of the contract.
Lenovo understands; however, Lenovo’s offer to contract with Region 14 ESC is based upon Lenovo’s
response to the solicitation and Lenovo’s modifications, exceptions, and clarifications thereto.
NCPA Administrative Agreement
The vendor will be required to enter and execute the National Cooperative Purchasing Alliance
Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the
requirements of the vendor with respect to a nationwide contract effort.
Please note, as Lenovo proposes to utilize the Lenovo Customer Agreement as the basis for the terms
and conditions governing Lenovo’s products and services, some of the items within the NCPA
Administration Agreement are fully addressed within that Agreement.
Lenovo proposes that Region 14 ESC, NCPA, nor Lenovo shall be obligated in any manner with respect
to the products and services proposed under this Solicitation until such time as a written contract
reflecting mutually agreed upon terms and conditions is executed.
Clarifications/Discussions
Region 14 ESC may request additional information or clarification from any of the respondents after
review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or
apparent clerical mistakes in the proposal. Clarification does not give respondent an opportunity to revise
or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a
revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions
with those respondent’s whose proposals are determined to be reasonably susceptible of being selected
for award. Discussions occur when oral or written communications between Region 14 ESC and
respondent’s are conducted for the purpose clarifications involving information essential for determining
the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal.
Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through
discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither
obtain further consideration nor will it provide any information about other respondents’ proposals or
prices.
Lenovo understands.
Multiple Awards
Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any
ensuing contracts fulfill current and future requirements of the diverse and large number of participating
public agencies.
Lenovo understands.
Past Performance
Past performance is relevant information regarding a vendor’s actions under previously awarded
contracts; including the administrative aspects of performance; the vendor’s history of reasonable and
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Lenovo (United States) Inc. 13
cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike
concern for the interests of the customer.
Lenovo understands.
Evaluation Criteria
Pricing (40 points)
Electronic Price Lists
• Products, Services, Warranties, etc. price list
• Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties,
etc. available from a particular bidder and the pricing per item.
Ability to Provide and Perform the Required Services for the Contract (25 points)
• Product Delivery within participating entities specified parameters
• Number of line items delivered complete within the normal delivery time as a percentage of line items
ordered.
• Vendor’s ability to perform towards above requirements and desired specifications.
• Past Cooperative Program Performance
• Quantity of line items available that are commonly purchased by the entity.
• Quality of line items available compared to normal participating entity standards.
References and Experience (20 points)
• A minimum of ten (10) customer references for product and/or services of similar scope dating within
past 3 years
• Respondent Reputation in marketplace
• Past Experience working with public sector.
• Exhibited understanding of cooperative purchasing
Value Added Products/Services Description, (8 points)
• Additional Products/Services related to the scope of RFP
• Marketing and Training
• Minority and Women Business Enterprise (MWBE) and (HUB) Participation
• Customer Service
Technology for Supporting the Program (7 points)
• Electronic on-line catalog, order entry use by and suitability for the entity’s needs
• Quality of vendor’s on-line resources for NCPA members.
• Specifications and features offered by respondent’s products and/or services
Lenovo understands NCPA’s evaluation criteria.
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Lenovo (United States) Inc. 14
Signature Form
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with
the terms, specifications and conditions at the prices proposed within response unless noted as clarified
in writing in Lenovo’s response. The undersigned further certifies that he/she is an officer of the company
and has authority to negotiate and bind the company named below and has not prepared this bid in
collusion with any other Respondent and that the contents of this proposal as to prices, terms or
conditions of said bid have not been communicated by the undersigned nor by any employee or agent to
any person engaged in this type of business prior to the official opening of this proposal.
Prices are guaranteed: 120 days
Lenovo (United States) Inc._____
Company Name
8001 Development Drive _______
Address
Morrisville, NC 27560__________
City State Zip
855-253-6686________________ n/a_________________________
Telephone Number Fax Number
destridge@lenovo.com _________________________________________
Email Address
Darren Estridge _____________ Executive Director______________
Printed Name Position
_____________________________
Authorized Signature
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Lenovo (United States) Inc. 15
Tab 2 – NCPA Administration Agreement
Lenovo Response:
Please note, as Lenovo proposes to utilize the Lenovo Customer Agreement as the basis for the terms
and conditions governing Lenovo’s products and services, some of the items within the NCPA
Administration Agreement are fully addressed within that Agreement.
Lenovo proposes that Region 14 ESC, NCPA, nor Lenovo shall be obligated in any manner with respect
to the products and services proposed under this Solicitation until such time as a written contract
reflecting mutually agreed upon terms and conditions is executed.
Please refer to Appendix A: Lenovo Customer Agreement on page 50 for a copy of the Lenovo Customer
Agreement.
This Administration Agreement is made as of _________________________________, by and
between National Cooperative Purchasing Alliance (“NCPA”) and
_________________________________ (“Vendor”).
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated
_______________________, referenced as Contract Number _______________________, by and
between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms
thereof (the “Master Agreement”), for the purchase of Technology Solutions, Products and Services;
WHEREAS, said Master Agreement provides that any state, city, special district, local
government, school district, private K-12 school, technical or vocational school, higher education
institution, other government agency or nonprofit organization (hereinafter referred to as “public agency”
or collectively, “public agencies”) may purchase products and services at the prices indicated in the
Master Agreement;
WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the
Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with
other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master
Agreement;
WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master
Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual
covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
General Terms and Conditions
• The Master Agreement, attached hereto as Exhibit 1 and incorporated herein by reference as
though fully set forth herein, and the terms and conditions contained therein shall apply to this
December 1, 2022
December 1, 2022
Lenovo (United States) Inc
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Lenovo (United States) Inc. 16
Administration Agreement except as expressly changed or modified by this Administration
Agreement.
• NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14
ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue
and apply with equal effect to NCPA under this Administration Agreement including, but not
limited to, Contractor’s obligation to provide appropriate insurance and certain indemnifications to
Region 14 ESC.
• Contractor shall perform all duties, responsibilities and obligations required under the Master
Agreement in the time and manner specified by the Master Agreement.
• NCPA shall perform all of its duties, responsibilities, and obligations as administrator of
purchases under the Master Agreement as set forth herein, and Contractor acknowledges that
NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
• With respect to any purchases made by Region 14 ESC or any Participating Agency pursuant to
the Master Agreement, NCPA (a) shall not be construed as a dealer, remarketer, representative,
partner, or agent of any type of Contractor, Region 14 ESC, or such Participating Agency, (b)
shall not be obligated, liable or responsible (i) for any orders made by Region 14 ESC, any
Participating Agency or any employee of Region 14 ESC or Participating Agency under the
Master Agreement, or (ii) for any payments required to be made with respect to such order, and
(c) shall not be obligated, liable or responsible for any failure by the Participating Agency to (i)
comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and
approval necessary to purchase under the Master Agreement. NCPA makes no representations
or guaranties with respect to any minimum purchases required to be made by Region 14 ESC,
any Participating Agency, or any employee of Region 14 ESC or Participating Agency under this
Administration Agreement or the Master Agreement.
• With respect to any supplemental agreement entered into between a Participating Agency and
Contractor pursuant to the Master Agreement, NCPA, its agents, members and employees shall
not be made party to any claim for breach of such agreement.
• This Administration Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the subject matter hereof, and no other agreement,
statement, or promise relating to the subject matter of this Administrative Agreement which is not
contained herein shall be valid or binding.
• Contractor agrees to allow NCPA to use their name and logo within website, marketing materials
and advertisement. Any use of NCPA name and logo or any form of publicity regarding this
Administration Agreement or the Master Agreement by Contractor must have prior approval from
NCPA.
• If any action at law or in equity is brought to enforce or interpret the provisions of this
Administration Agreement or to recover any administrative fee and accrued interest, the
prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other
relief to which such party may be entitled.
• Neither this Administration Agreement nor any rights or obligations hereunder shall be assignable
by Contractor without prior written consent of NCPA, provided, however, that the Contractor may,
without such written consent, assign this Administration Agreement and its rights and delegate its
obligations hereunder in connection with the transfer or sale of all or substantially all of its assets
or business related to this Administration Agreement, or in the event of its merger, consolidation,
change in control or similar transaction. Any permitted assignee shall assume all assigned
obligations of its assignor under this Administration Agreement.
• This Administration Agreement and NCPA’s rights and obligations hereunder may be assigned at
NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and
capacity to perform NCPA’s obligations hereunder.
Term of Agreement
This Agreement shall be in effect so long as the Master Agreement remains in effect, provided,
however, that the obligation to pay all amounts owed by Vendor to NCPA through the
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Lenovo (United States) Inc. 17
termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive
the term of this Agreement.
Fees and Reporting
The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar
volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15th) day
after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile
all sales under the contract from participating members and submit one (1) report. The report shall
include at least the following information as listed in the example below:
Entity Name Zip Code State PO or Job # Sale Amount
Total ____________
Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the
invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below.
Vendor’s annual sales shall be measured on a calendar year basis. Deadline for term of payment will be
included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master
Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4)
years from the date NCPA receives the accounting. In the event of such an audit, the requested materials
shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals
an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall
promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall
be obligated to reimburse NCPA’s costs and expenses for such audit.
Acknowledgment of Contractor Requirements
National Cooperative Purchasing Alliance
Organization Vendor Name
Name Name
Title Title
Address Address
Address Address
Signature Signature
Date Date
Lenovo (United States) Inc.
Darren Estridge
Executive Director Lenovo Government
8001 Development Drive
Morrisville, NC 27560
12/5/2022
Matthew Mackel
Director, Business Development
PO Box 701273
Houston, TX 77270
December 1, 2022
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Lenovo (United States) Inc. 18
Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations,
organization, structure, and processes for providing products and services.
Locations Covered
• Bidder must indicate any and all locations where products and services can be offered.
• Please indicate the price co-efficient for each location if it varies.
All 50 States & District of Columbia
(Selecting this box is equal to checking all boxes below)
Alabama Illinois Montana Rhode Island
Alaska Indiana Nebraska South Carolina
Arizona Iowa Nevada South Dakota
Arkansas Kansas New Hampshire Tennessee
California Massachusetts New Jersey Texas
Colorado Michigan New Mexico Utah
Connecticut Minnesota New York Vermont
Delaware Mississippi North Carolina Virginia
D.C. Missouri North Dakota Washington
Florida Kentucky Ohio West Virginia
Georgia Louisiana Oklahoma Wisconsin
Hawaii Maine Oregon Wyoming
Idaho Maryland Pennsylvania
All U.S. Territories and Outlying Areas
(Selecting this box is equal to checking all boxes below)
American Samoa Northern Marina Island
Federated States of Micrones Puerto Rico
Guam U.S. Virgin Islands
Midway Islands
All Canada Provinces and Territories
(Selecting this box is equal to checking all boxes below)
Alberta Prince Edward Island
British Columbia Quebec
Manitoba Saskatchewan
New Brunswick Northwest Territories
Newfoundland and Labrador Nunavut
Nova Scotia Yukon
Ontario
If awarded a Master Agreement, will your company extend the terms offered in your Proposal to public
agencies in Canada? If no or maybe, please explain.
Yes Maybe No
If an opportunity arises, Lenovo could possibly assist. However, currency requirements and trade
agreements may impact how we pursue an opportunity.
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Lenovo (United States) Inc. 19
If awarded a Master Agreement, will your company extend the terms offered in your Proposal to private
sector customers?
Yes Maybe No
Minority and Women Business Enterprise (MWBE) and (HUB) Participation
It is the policy of some entities participating in NCPA to involve minority and women business enterprises
(MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services.
Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
Minority/Women Business Enterprise Respondent Certifies that this firm a Minority / Women Business
Enterprise
Historically Underutilized Business Respondent Certifies that this firm is a Historically Underutilized
Business
Lenovo Response:
Neither category above applies to Lenovo.
Small Business, MWBE and HUB Growth
If Proposer is a Large, National or Multinational Organization/Corporation, what programs are in place
that partners or supports the growth of small and MWEB and HUB business? If yes, please describe.
N/A, we are a recognized small, MWEB or HUB organization
No, we do not have any programs in place.
Yes, we have programs in place.
Residency
Responding Company’s principal place of business is in the city of Morrisville, State of North Carolina.
Felony Conviction Notice
Please Check Applicable Box (If the 3rd box is checked, a detailed explanation of the names and
convictions must be attached):
A publicly held corporation; therefore, this reporting requirement is not applicable.
Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s) who has/have been convicted of a felony
Distribution Channel
Which best describes your company’s position in the distribution channel:
Manufacturer Direct Certified education/government reseller
Authorized Distributor Manufacturer marketing through reseller
Value-added reseller Other: ______________________________________
Processing Contact Information
Contact Person Steven Franco
Title Account Executive
Company Lenovo (United States) Inc.
Address 8001 Development Drive
City/State/Zip Morrisville, NC 27560
Phone 432-269-9996
Email sfranco@lenovo.com
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Lenovo (United States) Inc. 20
Pricing Information
In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product
introductions at prices that are proportionate to Contract Pricing. If answer is no, attach a statement
detailing how pricing for NCPA participants would be calculated for future product introductions.
Yes No
Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on
the invoice price to the customer.
Yes No
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Lenovo (United States) Inc. 22
Tab 4 – Vendor Profile
Please provide the following information about your company:
Company’s official registered name.
Lenovo (United States) Inc.
Brief history of your company, including the year it was established.
Lenovo (HKSE: 992) (ADR: LNVGY) is a US$70 billion revenue global technology powerhouse, ranked
#172 in the Fortune Global 500, employing 75,000 people around the world, and serving customers every
day in 180 markets. Focused on a bold vision to deliver smarter technology for all, Lenovo has built on
our success as the world’s leading PC player by expanding into new growth areas of infrastructure,
mobile, solutions, and services. This transformation together with Lenovo’s world-changing innovation is
building a more inclusive, trustworthy, and sustainable digital society for everyone, everywhere.
While the Lenovo brand came into existence in 2004, the company has a much longer history. From our
founding in 1984 through our acquisition of IBM’s award-winning Think® lines of PCs and laptops in 2005
and the IBM System X in 2014 to our partnerships with more than 900 US state and local agencies today,
our focus has yielded one of the industry’s most diverse cultures — serving more than 1 billion customers
around the world.
Lenovo (United States) Inc. is the U.S.-based entity within the global Lenovo corporate structure that
offers intelligent devices for government, education, business, and consumer customers. Lenovo has
become one of the world’s largest manufacturers offering a wide portfolio of connected products,
including PCs (ThinkPad, Yoga, Lenovo Legion), tablets, workstations, augmented and virtual reality
(AR/VR) devices, and smart home/office solutions. Lenovo (United States) Inc. headquarters are in
Morrisville, NC, along with one of our key global research centers.
To find out more, visit www.lenovo.com and read about the latest news via our StoryHub.
Company’s Dun & Bradstreet (D&B) number.
Lenovo’s D&B number is 52-2449153.
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Lenovo (United States) Inc. 23
Company’s organizational chart of those individuals that would be involved in the contract.
Corporate office location.
• List the number of sales and services offices for states being bid in solicitation.
• List the names of key contacts at each with title, address, phone and e-mail address.
Lenovo team members for the NCPA contract are based out of our US headquarters or in a home office,
which is not listed due to privacy reasons. Telephone and email contact information for key team
members are listed below.
Lenovo (United States) Inc. Headquarters
8001 Development Drive
Morrisville, NC 27560
(855) 253-6686
www.lenovo.com/us/en
Key Lenovo Contacts Contact Information
Lance Couch, Contract Manager +1 (281) 712-2155
lcouch@lenovo.com
Melissa Autrey Freeman, Senior Contract Analyst +1 (919) 294-0609
mautrey@lenovo.com
Steven Franco, Account Executive +1 (432) 269-9996
sfranco@lenovo.com
Christy D’Onofrio, Inside Sales Representative +1 (919) 874-3537
cdonofrio@lenovo.com
Chuck Boorman, Director Business Development +1 (512) 657-5220
cboorman@lenovo.com
Define your standard terms of payment.
Lenovo’s standard payment terms and net 30.
Who is your competition in the marketplace?
Lenovo has a large product portfolio and competition varies by product line. However, our largest
competitors include Dell, HP, Samsung, Microsoft, and Apple.
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Lenovo (United States) Inc. 24
What differentiates your company from competitors?
Focused on a bold vision to deliver smarter technology for all, Lenovo has built on our success as the
world’s leading PC manufacturer by expanding into new growth areas of infrastructure, mobile, solutions,
and services. Working with our customers, we strive to build a more inclusive, trustworthy, and
sustainable digital society for everyone, everywhere.
History of Innovation
Lenovo’s commitment to innovation differentiates our products. By designing, engineering, and building
the world’s most complete portfolio of smart devices and infrastructure, we are leading an Intelligent
Transformation – the idea of people improving their lives through the use of transformative technology –
to create better experiences and opportunities for millions of customers around the world. Since our
inception, Lenovo has won hundreds of technology and design awards for our innovative products –
including more than 33,000 active patents globally – and introduced many industry firsts, including the
world’s first foldable PC, first 2-in-1 convertible laptop, and first 5G smartphone. Also, we have
committed to doubling our R&D investment by fiscal year 23/24 from the fiscal year 20/21 level and
are adding 12,000 R&D professionals globally.
Commitment to Sustainability and Social Responsibility
After exceeding our 2020 emissions reduction goals a year ahead of schedule, Lenovo has committed
to a vision to achieve net-Zero by 2050 and is working with the Science Based Target Initiative to
establish goals that support this vision. Lenovo has reported on sustainability topics since 2008, including
outlining our work and goals around climate change mitigation, the circular economy, and sustainable
materials. In addition to the net-zero vision, Lenovo has committed to positively impacting 15 million
lives through philanthropic programs and partnerships by 2025.
Our philanthropic arm, the Lenovo Foundation, provides smarter technology for all by empowering
underrepresented communities with access to technology and STEM education. We also continue to
promote diversity, equity, and inclusion. Lenovo was listed in Bloomberg Gender-Equality Index again in
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Lenovo (United States) Inc. 25
2022. We are one of the leaders in our industry with over 36% female representation in our workforce.
Also, Lenovo won 24 best employer and best workplace awards last year, including the World’s Most
Admired Companies by Fortune magazine.
Trusted, Award-winning Global Supply Chain
Lenovo has once again been named in the Gartner Global Supply Chain Top 25 listing for 2022, rising
seven places to rank #9. This recognition highlights Lenovo’s leadership as a purpose-driven organization
as well as the operational excellence of our global supply chain. Lenovo’s supply chain has always
been a core strength, from managing logistics and our relationships with component suppliers and
partners to our unique global hybrid manufacturing footprint of 35+ factories around the world that
together see five devices shipped every second to customers. Lenovo’s strong supply chain has been a
key factor in our ability to stay flexible and resilient in the face of industry challenges in the last few years
and to respond customers’ needs more effectively.
Describe how your company will market this contract if awarded.
Lenovo has held a contract with NCPA since 2015 and will continue to create awareness of the contract
and its contents among potential users of the contract. Our marketing plan will include:
• Email announcement of contract award to current Lenovo North American public sector
customers and potential customers
• Social media announcements to promote the Lenovo and NCPA relationship
– Announcement (upon award) via Lenovo social media outlets including LinkedIn, Twitter,
Facebook, and Instagram
– Lenovo YouTube Channel video explaining benefits and offerings of NCPA
• Creation of contract-specific marketing flyer for distribution to Lenovo public sector customers
• Ongoing contract awareness/education via telephone and email with public sector customers at
all levels (e.g., executives, buyers, and end users)
• Multiple contract references/mentions in various North American customer information sessions,
including webinars and road shows specific to public sector customers
• Ongoing contract awareness/education with our business partners to develop co-marketing
opportunities specific to NCPA customer channels
Describe how you intend to introduce NCPA to your company.
Lenovo has successfully leveraged our contract with NCPA since 2015 and continually hosts training for
our team members about the contract as well as new member on-boarding training. We will continue to
emphasize our contract with NCPA to Lenovo sellers through the following:
• Email notification to Lenovo public sector sales executives in each North American region
covered with intent to cascade to all Lenovo public sector sellers
• Several internal informational/orientation webcasts/conference calls for extended Lenovo North
American sales teams
• Announcement of award on Lenovo's social media outlets LinkedIn, Twitter, Facebook, and
Instagram
Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.
Lenovo can create a web portal designed specifically for our direct accounts. Each portal offers a range of
products, services, tools, and support chosen specifically to meet your requirements including:
• Personalization − Customer welcome page and customized order authorization levels
• Solution selection − Customized product catalogue, specific prices, products that can be browsed
by category with comparison capability, fast path to the most-frequently purchased solutions
• Order direct and tracking in real time − Shipping and pay preferences in local currency, order
tracking online
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Lenovo (United States) Inc. 26
• Ease of use − Interactive help to choose options, contacts associated with account, self-service
support tools
Lenovo will provide a 24/7 online ordering portal specifically for NCPA purchases. The selected standard
configurations will be displayed prominently on the home page and will also offer customization of internal
components on non-image models. In addition to NCPA standards, Lenovo portal users will have access
to Lenovo's full product catalog − or any subset thereof as designated by the customer − at negotiated
pricing. The Lenovo web portal supports credit card, procurement card, and net 30 purchase methods,
and may be limited to one or two methods as needed.
The Lenovo web portal allows users to create and place orders, quotes, and save carts for future use. It
also provides a link to our order history tool called Order Visibility Portal (OVP). The OVP tool provides
comprehensive order information, customizable searches, and downloads. OVP users can create, save,
and repeat custom reports, and can also schedule delivery of this information on a repeat basis.
In addition to NPCA’s procurement website, Lenovo offers a 24/7 Technical Support website
(support.lenovo.com/en_US/) that provides drivers, updates, how-to guides, technical help, and more.
Users can check whether the product is in or out of warranty as well as the warranty expiration date
(pcsupport.lenovo.com/us/en/warrantylookup#/) and view the most up-to-date product information. These
support tools are easily accessed through the customized NCPA web portal.
Describe your company’s Customer Service Department (hours of operation, number of service centers,
etc.)
NCPA can count on Lenovo to provide superior, 24/7/365 Help Desk support through our award-winning
call centers. Spread across geographies and time zones, Lenovo’s 19 call centers give customers
seamless coverage to support our customers wherever they are. The call center supporting the North
American market is in Atlanta, Georgia. The latest telephony technology integrated with call routing and
call management applications help to ensure shorter wait times for customers and provides customer call
history information to support specialists with each call. Advanced technological links allow the routing of
call center calls, transparently to the customer, to provide coverage during emergency situations or
natural disasters. For example, when a US call center closed during a hurricane, calls were routed to
Canada with no interruption in support to our customers.
Once an end user places a call to the call center, the caller routed to the appropriate call center agent.
This is where initial problem determination and remote diagnostics begin. If the problem is not resolved
remotely or via the shipment of a self-service customer replaceable unit (CRU) at this stage, the agent will
determine if the unit is eligible for repair or service (e.g., depot/repair center, carry-in, on-site). When the
warranty involves on-site service, the agent will electronically dispatch a field service technician to the
site. Our objective is to have the technician on-site based on the response objectives by location. The
specialist will arrive with the right skills and training, the right parts, and an action plan to resolve the
problem.
Lenovo call centers can be reached via our website (https://support.lenovo.com/us/en) or via telephone
(1-855-253-6686 #1).
Green Initiatives (if applicable)
• As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are
taking every step we can to implement innovative and responsible environmental practices throughout
NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and
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Lenovo (United States) Inc. 27
much more. To that effort we ask respondents to provide their companies environmental policy and/or
green initiative.
Lenovo has reported on our sustainability efforts since 2008, including outlining our work and goals
around climate change mitigation, the circular economy, and sustainable materials. After exceeding our
2020 greenhouse gas (GHG) emissions reduction goals a year ahead of schedule, Lenovo has
committed to a vision to achieve net-Zero by 2050 and is working with the Science Based Target
Initiative to establish goals that support this vision.
We continually seek new ways to reduce harmful GHG emissions across all of our business activities,
including those of our suppliers and customers. Our commitment to climate change and a low-carbon
economy can be seen through:
• Approach – To minimize our carbon footprint, we follow a structured approach. This includes a
climate and energy policy, climate change strategy, and key objectives and targets to meet.
• Operations – As well as driving energy and cost savings, our operational initiatives help us to
meet our climate change goals.
• Performance – We have been reporting on our GHG emissions performance for over 10 years.
By continuing to measure, analyze, and disclose our efforts, we strive to make a real difference
each year.
• Supply Chain – As a responsible corporate citizen, we monitor sustainability programs across
our full supply chain. This includes targets to reduce GHG emissions and minimize environmental
impacts. As an approximate percentage of production spend:
For the third consecutive year, Lenovo has been recognized as one of the 2022 world’s 100 most
sustainable companies by Corporate Knights. The Corporate Knights annual ESG-focused rankings
evaluated over 7,000 global businesses which generate more than US$1 billion in revenue. Companies
are evaluated based on 23 key performance indicators covering resource management, employee
management, financial management, clean revenue, clean investment, and supplier performance.
Product Development
Lenovo has integrated green initiatives into all development operations. Every product development team
has an environmentally conscious products focal point and environmental requirements as part of
Lenovo’s environmental management system, to which all product development must comply. We actively
manage our response to ongoing energy-related regulatory activities such as updates to emerging
protocols and regulations, and industry-related standards, including:
• ENERGY STAR® program specifications
• U.S. Department of Energy (DOE) Appliance and Equipment Standards
• California Appliance Efficiency Program requirements
• China CEL and CECP Standards
• EU Ecodesign (ErP) requirements
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Lenovo (United States) Inc. 28
In 2020, we used nearly 6 million kilograms of recycled plastics in our products, including approximately 4
million kilograms of closed-loop post-consumer recycled content across a portfolio of 103 products.
Looking toward the future, we will continue to integrate sustainable materials and transition to a circular
economy. By 2025, we are aiming for the following:
• 100 percent of PC products will contain post-consumer recycled content materials.
• 100 percent of smartphone products and accessories will be free of PVC and BFR.
• 90 percent of PC products plastic packaging and 60 percent of smartphone packaging will be
made from recycled materials.
• We will have enabled the recycling and reuse of 363 million kilograms of end-of-life products and
use 136 million kilograms of post-consumer recycled content plastics in our products.
Greener, Lighter Packaging
Over a decade ago, Lenovo began using 100% recycled and
recyclable packaging material. Instead of using polystyrene
packaging, we now encourage the use of molded pulp, fiber, and low-
density polyethylene (LDPE).
In 2018, we began implementing the use of an innovative, bio-based
packaging made from bamboo and sugar cane fiber. The material is
not only 100 percent biodegradable, but also lighter than previous
packaging and its strength characteristics enable design
improvements that reduce overall package size. This new packaging
was used to ship memory cards and one of our ThinkPad models.
With lighter packaging materials and package weight, the result was
6.7 percent less transportation CO2 emissions. We are, therefore, looking to expand the use of this
bamboo and sugar cane fiber packaging innovation.
A number of our other green packaging initiatives include the following:
• With 100% recycled thermoformed cushions, our PCs can now be stacked closer together and
require less packaging material, helping to minimize shipping costs.
• Many of our notebook product lines now use 100% post-consumer molded fiber (or paper pulp)
packaging, which can be readily recycled in municipal waste streams.
• All Think product primary carton boxes contain a minimum of 50% post-consumer fiber content
and are required to use the maximum available post-consumer material.
• 98% of ThinkPad products now use recycled cushioning material, with the printing on boxes done
via flexography with water-based, non-toxic, RoHS compliant inks.
• The high recycled content foam we use for server packaging contains a minimum of 65%
recycled resin content.
• We are also working with suppliers to reuse packaging used for shipping between our suppliers
and Lenovo factories.
Anti-Discrimination Policy (if applicable)
• Describe your organizations’ anti-discrimination policy.
Maintaining a diverse culture and achieving its full potential is fundamental to the Lenovo’s competitive
success. A key element in our workforce diversity programs is the commitment to equal employment
opportunity and to prohibit discrimination, harassment, and similarly inappropriate behavior in the
workplace. Lenovo’s policy and Code of Conduct commits to providing a work environment free of
discrimination and harassment based on race, color, gender, religion, age, nationality, social or ethnic
origin, sexual orientation, gender identity or expression, marital status, pregnancy, disability, or veteran
status. Company policy prohibits management from making employment decisions based on such
characteristics. These business activities and the design and administration of Lenovo’s benefit plans
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Lenovo (United States) Inc. 29
must comply with all applicable laws. For qualified employees with disabilities, we will make reasonable
accommodations needed for effective job performance in a manner that complies with applicable laws.
Diversity and inclusion have been the building blocks of Lenovo’s history and are among our greatest
strengths. Our diverse team of people and locations enables collaboration and sharing across borders
and encourages us to adopt the best practices in the markets it serves. Lenovo is bringing awareness
about inclusion to all its leaders and employees in a variety of ways, including global anti-harassment
training to ensure a workplace free of harassment. This year, we are conducting a global campaign with
100 percent target completion rate for global anti-harassment training.
We understand that a diverse business model starts at the top. Lenovo’s leaders throughout the world
hold a deep commitment to these values that fuel long-term growth. We believe that a global workforce
should reflect the global customers that it serves, and this begins with leadership that is representative of
the various cultures and ethnicities that comprise our internal talent.
Vendor Certifications (if applicable)
• Provide a copy of all current licenses, registrations and certifications issued by federal, state and local
agencies, and any other licenses, registrations or certifications from any other governmental entity with
jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses,
registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for
sales and service.
Lenovo maintains the necessary business licenses in the various jurisdictions in which we operate
globally, including all states and provinces located in the United States and Canada. Our corporate tax
identification numbers are 52-2449153 (US) and 85480-7039 RT0001 (Canada). Lenovo is not classified
as a small or disadvantaged business.
Lenovo also maintains the necessary licenses and certifications related to Lenovo's manufacturing
operations. For example, Lenovo has achieved certifications such as ISO 14001:2015 (environmental),
ISO 50001:2018 (energy management), ISO 45001:2018 (occupational health and safety), and ISO
9001:2015 (quality management systems). We are happy to provide additional details upon request.
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Lenovo (United States) Inc. 30
Tab 5 – Products and Services/Scope
Respondent shall perform and provide these products and/or services under the terms of this agreement.
The supplier shall assist the end user with making a determination of their individual needs.
Warranty
Proposal should address the following warranty information:
• Applicable warranty and/or guarantees of equipment and installations including any conditions and
response time for repair and/or replacement of any components during the warranty period.
• Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed information as to proposed return policy on all equipment
Products
• Vendor shall provide equipment, materials and products that are new unless otherwise specified, of
good quality and free of defects
Construction
• Vendor shall perform services in a good and workmanlike manner and in accordance with industry
standards for the service provided.
Lenovo’s Limited Warranty
Please note, as Lenovo proposes to utilize the Lenovo Customer Agreement as the basis for the terms
and conditions governing Lenovo’s products and services, the issue of warranty is fully addressed within
that Agreement. Installation services are not considered part of warranty service but may be obtained
through a value-added service.
Please refer to Attachment A, D, and E inside Lenovo’s Customer Agreement for applicable Warranty
Service Terms.
Please refer to Appendix A: Lenovo Customer Agreement on page 50 for a copy of the Lenovo Customer
Agreement.
Warranty Parts Process for Lenovo
Lenovo maintains service parts throughout the warranty/service period. Lenovo makes commercially
reasonable efforts to maintain service parts for five years from product launch date.
A key fundamental component of product warranty is our Parts Depots. Support for Lenovo Think and
System x products is made available through our industry leading parts inventory management system.
This service support system includes automated dispatch, updated service technologies, preventive
maintenance activities, and a parts distribution system.
Lenovo’s parts stocking and distribution strategy is for parts to be readily available for delivery to a
customer’s location to meet the required levels of service for each machine type. Parts are stocked in
Mechanicsburg, PA, for Think and System x products and in Grapevine, TX, for Idea products. Efforts are
made to support these geographic areas at an availability level in excess of 80-85 percent of total
requirements.
Regardless of warranty status, Lenovo will cross ship new or equivalent-to-new parts the same day they
are ordered, provided order is placed before 3 p.m. (ET). For orders received after that time, Lenovo will
ship the part out to meet the service response objectives. In many cases, Lenovo does not require receipt
of the failed part before sending out a new part.
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Lenovo (United States) Inc. 31
Support for third-party products and software is provided directly by the vendor of the product. The
combination of an excellent parts inventory, service representative, and additional support structure for
Lenovo-branded products will ensure that NCPA receives world-class service coverage.
Life Expectancy
Lenovo Think, notebook, desktop, servers, and workstation products as well System x server and storage
products are highly durable and engineered for a four- to five-year lifecycle.
Returns
Lenovo’s return policy for public sector customer is 30 days. When a return is needed due to dead-on-
arrival (DOA) devices, damaged product, incorrect quantity, or incorrect product delivered, the claim has
to be submitted to the appropriate Lenovo inside sales or customer service representative. After analysis
and internal approvals, Lenovo will manage the collection of the product from the customer site. Lenovo
will then refund the customer for the amount paid for the product that is returned.
The following is a list of suggested (but not limited to) Technology Solutions, Products and Services
categories. List all categories along with manufacturer that you are responding with:
Products
Products Manufacturers
Laptops / Notebooks / 2-in-1s Lenovo and Durabook
Tablets Lenovo
Desktop Computers Lenovo
Workstations – Fixed and Mobile Lenovo
Gaming Devices Lenovo
Chromebooks – Education and Enterprise Lenovo
Servers
High Performance Computing
Data Storage / Drives
Converged Infrastructure
Hyper Converged Infrastructure
Cloud Products
Software Lenovo and third-party partners
Security Solutions Lenovo and third-party partners
Data Protection HW / SW Lenovo and third-party partners
Networking
Internet of Things (IOT) Lenovo and third-party partners
Sensors & Edge Devices Lenovo and third-party partners
Printers & Accessories Third-party partners
Digital Imaging – Cameras / Scanner Third-party partners
Keyboard / Mice / Input Devices Lenovo and third-party partners
Memory / System Components Lenovo and third-party partners
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Lenovo (United States) Inc. 32
Displays / Large Format Displays / Interactive
Flat Panels
Lenovo and third-party partners
Spare Parts Lenovo
Accessories / Cables Lenovo
Battery Back-up / Power / Surge Protectors Third-party partners
Sound / Multimedia Lenovo and third-party partners
Telecommunications Products Motorola
Video – Monitors / Cards / Projector Lenovo and third-party partners
Interactive Whiteboards
Commercial-Off-the-Shelf (COTS) Software Lenovo and third-party partners
Software-as-a-Service (SaaS) Lenovo and third-party partners
Infrastructure-as-a-service (IaaS)
Platform-as-a-Service (PaaS)
Software Licensing and Maintenance
Agreements
Lenovo and third-party partners
Subscription Based Software Licenses Lenovo and third-party partners
Software Related Services Lenovo and third-party partners
Lenovo manufacturers a wide range of hardware to meet the entirety of the requirements for government
and education customers. We offer various form factors of desktops, towers, small form factors and tiny,
and in our notebooks as well, clamshell, 2-in-1 (Yoga), detachable and foldable. We also offer both AMD
and Intel options throughout the portfolio. The list below is not exhaustive but represents our core
hardware offerings.
Laptops
X Series – X1 Carbon, X1 Extreme, X1 Nano, X1 Yoga, X1
Titanium Yoga, X1 Fold 16, X13, X13s, and X13 Yoga
T Series – T14, T14s, T16, T15p, T15g
L Series – L13, L13 Yoga, L14, L15
E Series – E14, E15
C Series – C14
ThinkBook – 13s, 13x, 14, 14p, 15, 16, 16p
Legion
Mobile Thin Clients
Chromebooks – 10e, 11e, 14e, 14w, 100e, 300e,
500e
Laptop Workstations
P Series – P17, P14s, P15, P15s, P15v, P1
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Lenovo (United States) Inc. 33
Desktops
M Series Tower – M90t, M80t, M70t, M75t
M Series Small Form Factor – M75s, M70s, M80s, M90s
M Series Tiny – M75q, M70q, M80q, M90q
M Series Nano – M75 IoT
M Series All in One – M90a, M70a
Tiny-in-One – TIO 22”, TIO 24”, TIO 27”
IoT Smart Edge, Nano IoT and EPC300
Legion, Legion Cube
Thin Client
Desktop Workstations
P Series – P360 Tower/Ultra/Tiny, P520, P520c, P620, P720, P920, P920 Rack
Tablets
X12 Detachable
Android – Tab M8 HD, Smart Tab M8 HD, Tab M10 FHD Plus, Smart Tab M10 FHD Plus w/Google,
Smart Tab M10 FHD Plus w/Alexa, Yoga Smart Tab s10 w/Google, P11 Pro
Smartphones
Motorola has a 90-year history of innovation…from the first cellular phone to the first 5G device. As the #3
smartphone manufacturer in North America and a business group within the Lenovo corporate structure,
Motorola has steadily grown by being the dominant consumer-centric smartphone manufacturer – solving
consumer pain points through innovation to create unparalleled value. Motorola’s portfolio consists of
products that have the longest battery life, best cellular performance, enterprise grade security with
ThinkShield for Mobile, and durability to protect the devices against everyday spills and splashes.
Motorola offers three product families to meet every need:
• Moto G, “Designed for What Matters” – This value family brings aspirational innovation at
assessable price points. Premium features such as a stylus, triple cameras, and large displays
are available with the Moto G portfolio.
• Edge, “Expanding Possibilities” – This innovative line is comprised of expert mobile
craftsmanship that drives what’s next with features such as Ready For, the fastest 5G, and the
best in entertainment and imaging experiences. The Edge family is all about performance, style,
and technology.
• Razr, “Redefining Boundaries” – The iconic Razr provides all the conveniences of a modern
smartphone in the most compact foldable form factor – a design focused innovation. The Razr is
a true industry disruptor and has the largest external display to easily access all your content.
Services
Services Manufacturers
Deployment & Installation Lenovo
Professional Services Lenovo
Consulting Services Lenovo
Security Services Lenovo
Business Continuity / Business Resiliency Lenovo
Disaster Recovery Lenovo
VMware Professional Services Lenovo
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Lenovo (United States) Inc. 34
Microsoft Professional Services Lenovo
AWS Product and Services Lenovo
Application Services – End User Lenovo
Application Services – Data Center Lenovo
Residencies Lenovo
Managed Services – End User Lenovo
Managed Services – Data Center Lenovo
Education & Training Lenovo
Telecommunications Lenovo
Product Configurations Lenovo
Product Support Lenovo
Warranty Lenovo
Asset Lifecycle Management Lenovo
Asset Recovery Lenovo
Lenovo Services has a wide array of offerings available to help organizations plan, manage, and support
their Lenovo hardware. From initial strategic planning to configuration, deployment, security, and more –
Lenovo has services and solutions to help companies embrace new workplace technologies.
Planning Services – Planning services include strategy, assessment, and personal consultation to
define the “who, what, where, when, and why” for how an organization can integrate Lenovo solutions.
Lenovo experts work closely with your team to carefully examine and plot out how services will be
deployed across the organization’s technology footprint, and how Lenovo can help the organization
achieve its business goals. Examples include:
• Lenovo Whiteboard Sessions
• Windows Transition Services
Configuration Services – Configuration services shift the expensive and labor-intensive deskside
functions from in-house IT teams to highly skilled Lenovo technicians. These services make sure devices
are ready for use when they arrive at your customer’s organization. Configuration services reduce
operational costs, minimize downtime, and quickly get employees productive with their new PCs.
Examples include:
• Custom Imaging Services – Includes Image Verification, Image Design/Build, Smart Image
Services, Image Management, First-Boot Services, and Custom BIOS
• Ready-to-Provision (RTP) Services – Includes RTP Release Control and RTP Plus
• Asset Tagging
• Laser Etching
• Custom Carton Labels
• Microsoft Autopilot Registration
• Drop-in-the-Box documentation
Deployment Services – When devices arrive at your location, there are many complex and time-
consuming tasks for IT to perform for employees to actually begin using their new PCs with the apps and
security the company requires. Lenovo’s Deployment Services shift this burden from internal IT teams to
Lenovo technicians. Examples include:
• Chrome OS Zero-Touch Enrollment
• Custom Fulfillment Services
• Advanced Deployment Services
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• Lenovo Cloud Provisioning and Recovery
• Modern IT Kits
Support and Protection Services – Lenovo’s rich portfolio of support and protection services give
customers the technical support, backup, and repair services needed to keep devices performing at peak
efficiency. This includes Lenovo ThinkShield for critical device security and protection from cybersecurity
threats. Other examples include:
• Warranty Extensions and Upgrades
– Accidental Damage Protection
– Sealed Battery Warranty
– Keep-Your-Drive Service
• Depot or Onsite Support Services
• Premier Support
• Legion Ultimate Support
• Services Engagement Management
• ThinkShield security solutions
• Lenovo Device Intelligence Plus
Managed Services – Lenovo Managed Services offer other valuable services for IT teams and a portfolio
of Lenovo-developed and partner-developed software solutions, including on-site help desks, compliance
monitoring and management, and inventory control. Other examples include:
• Lenovo Project Management Office – Includes help desk augmentation/integration and desktop
deployment services
• Lenovo Solution Café, Smart Kiosk, Smart Vending, and Smart Lockers
• Advanced Exchange Services
• Staff Augmentation
• Lenovo Device-as-a-Service (DaaS)
Asset Recovery Services – Lenovo offers solutions for the environmentally friendly disposal of units
while maximizing residual value and ensuring data security and environmental compliance. Examples
include:
• CO2 Offset
• Asset Recycling
• Value Recovery
• Lenovo Genuine Parts
Financial Services Offerings
Financial Services Offerings Manufacturers
Infrastructure-as-a-Service (IaaS) Lenovo
Leasing for Public and Private/Commercial
Entities with schedules included for:
Lenovo
• Fair Market Value Lease Lenovo
• Purchase Option Lease Lenovo
• Tax Exempt Lease Purchase Lease Lenovo
• Flex Lease Purchase Lenovo
• PC-as-a-Service Lenovo
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• Software Schedule Lenovo
Deferred Payments (Direct and Indirect
Financing)
Lenovo
Payment Agreements Lenovo
Usage Agreements Lenovo
Lenovo offers a complete portfolio of IT solutions under our new TruScale “as-a-Service” umbrella.
Lenovo TruScale Services simplify and optimize everything from hardware, software, and licensing to
support and management, with one contract and one point of contact. TruScale consists of two primary
building blocks – Infrastructure-as-a-Service and Device-as-a-Service; however, the entire Lenovo
portfolio is available as-a-service from a single vendor.
In addition, Lenovo Financial Services or LFS (www.lenovo.com/us/en/outletus/landingpage/lenovo-
financial-services/) reinforces Lenovo’s commitment to deliver pioneering products and services
recognized for their quality, excellence, and trustworthiness. We offer financing solutions and services
that compliment your technology solution anywhere in the world.
LFS is uniquely qualified to support and manage opportunities with customized and integrated processes.
Additional benefits you may enjoy when financing with LFS include:
• Ability to Bundle Costs – LFS offers the option to finance your entire IT solution including
hardware, software, and business partner services into a single transaction and invoice.
• Total Life-Cycle Management – We offer life-cycle management of your technology assets from
acquisition to disposition allowing your organization to always have the most current technology
at the lowest cost.
• Protection Against Advancing Technology – Financing through LFS allows you to deploy the
latest technological advances with minimal financial impact or risk. Depending upon the lease
structure selected, you can add-on or upgrade during the term of the contract, or you can choose
to return, extend, or purchase the assets at the end of the contact.
• Lower Upfront Costs – Financing 100% of your purchase reduces deployment costs, providing
your organization with an ability to acquire the IT assets you need today without impacting cash
flow. In addition to preserving working capital and keeping credit lines intact, using an LFS
procurement solution allows a quicker ROI.
Finally, customers with large transactions (i.e., hundreds or thousands of assets) will benefit from LFS’
Premier Client Services. Each large account is assigned a servicing representative as a single point of
contact for the lifetime of the relationship.
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Tab 8 – Value Added Products and Services
Include any additional products and/or services available that vendor currently performs in their normal
course of business that is not included in the scope of the solicitation that you think will enhance and add
value to this contract for Region 14 ESC and all NCPA participating entities.
Commitment to Public Sector
Lenovo’s commitment to the public sector runs deep. Currently, Lenovo is supporting public sector
customers in every state in the United States, with more than 1,700 government solution contracts.
Lenovo is on the U.S. General Services Administration (GSA) Multiple Award Schedule (MAS) and has
been a tested and proven supplier to federal, state, and local agencies across the country.
We have invested in dedicated account teams focused on federal, state, and local government as well as
teams that specialize in K-12 education and higher education. In addition, we have created a dedicated
center of excellence (COE) for contracts and procurement to ensure a smooth working relationship with
our public sector customers. Also, the COE team can help customers navigate national and state
purchasing contracts, ensuring they remain compliant with local mandates.
Lenovo’s long history of delivering quality products has made us the world’s #1 PC and tablet maker. We
deliver unprecedented reliability and unbeatable mobility to over 900 state and local agencies across the
US. Additionally, over 22 military and civilian federal agencies choose Lenovo to modernize their mission.
Lenovo is a trusted provider to various federal agencies, including the Department of Defense,
Department of Veterans Affairs, and the Department of Energy.
We share your commitment to end-to-end security, as evidenced in our TAA-compliant products and
supply chain. Additionally, we incorporate NIST and TCG standards as well as TPM 2.0 and secure BIOS
firmware for peace of mind. The result is trustworthy technology to drive the most critical government
agency functions.
White Glove Services (Primarily for Education)
Effortlessly migrate and integrate new Chromebooks PCs. Lenovo’s “white glove” service comprises
of planning, setup, and end-to-end management of custom rollouts and deployments, reducing cost and
time to deploy. Pre-enrolled and activated in the Google console, new PCs integrate seamlessly into the
organization’s existing environment, right out of the box. A Lenovo Services project manager works with
the customer and service delivery teams to develop a jointly agreed to schedule of services, which likely
will include the following tasks.
1. Receive system units and stage the equipment in a climate-controlled warehouse.
2. Unbox all systems and thoroughly inspect for any physical damages or blemishes.
3. Identify any system issues or DOA devices to Lenovo and/or customer.
4. Update the Chrome OS to the latest version.
5. Enroll the Chrome OS devices into customer’s Google Apps domain using an enrollment account that
does not require admin privileges.
6. Perform wireless network configuration for customer’s network.
7. Repackage all equipment and then deliver to the final customer location based on the required and
established schedule.
White glove services for Windows devices are also available upon request.
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Services to Solidify Security in our Supply Chain
As the technology to serve remote workers is growing more sophisticated, so are the techniques to
exploit it. Vulnerabilities in the supply chain can create opportunities for criminals to tamper with PCs,
removing or replacing components and causing anything from device malfunctions to stolen or lost data.
In this evolving threat landscape, Lenovo has partnered with Intel to provide Trusted Device Setup
Services and Transparent Supply Chain Services to keep customers protected by sealing software at
the point of manufacturing and bringing Lenovo security into the transport and delivery cycle. The
Transparent Supply Chain Service expands device protection into transport and delivery, minimizing the
risk of PC tampering throughout the supply chain. The Trusted Device Setup Service minimizes the risk of
preload tampering (in transport or at the partner site). Trusted Device Setup takes place in the factory,
whereas Transparent Supply Chain encompasses transportation. Together, these two services create a
secure chain of ownership, enabling security from manufacturing through delivery.
Sustainability Services All Around
Lenovo strives to not only make great products but also offer services related to those products that make
our customers’ decisions easier and better for the community. End-of-life services such as Asset
Recovery Services give customers the peace of mind that their devices are recycled properly with
certified data wiped drives and the ability to reclaim any residual value the device may hold. Along with
our sustainability approach, we also offer CO2 Offset Services that will cover emissions not only during
the manufacturing of the device but throughout the life of the device as well.
Lenovo Whiteboard Sessions
Lenovo works with customers to coordinate a whiteboard session led by a Lenovo Services technical
specialist with the support of Lenovo’s Transition Services Team and the Image Technology Center. The
session is designed to dive deep into a customer’s current PC lifecycle process with a full, end-to-
end review of internal process flows and associated challenges, gaps, and goals. The intent of the
deep-dive session is to understand an individual organization’s business objectives and how those impact
future deployment solution needs. Lenovo’s whiteboard session summary provides a recommended
future PC deployment solution based on an organization’s unique capabilities and infrastructure, along
with Lenovo’s innovative configuration services, automation and cloud capabilities, and industry best
practices.
The Lenovo Services team documents a customer’s current and recommends future process workflows
along with the benefits. A whiteboard session allows different parts of a customer’s organization to
collaborate, learn about best practice solutions other customers are using, and discuss how those best
practices can be used to create efficiencies in their own process. Creating and documenting this process
reduces costs across the deployment, including an 80% reduction in deployment time, and transitions the
customer to a user self-serve deployment process allowing their team to focus on other projects.
After the session, Lenovo will provide a customized solution report that maps out the organization’s
current imaging processes and deployment workflow, and also recommends deployment services to
support an improved, highly efficient workflow leveraging automation with associated cost assumptions.
ThinkShield Security
ThinkShield is a custom solution that secures an organization’s most critical data and business
technologies with comprehensive, end-to-end protection. From the moment we envision a new
platform, we incorporate a security-by-design approach into the R&D process that extends to our supply
chain to deliver on our vision of platform security.
Lenovo ThinkShield solutions seamlessly integrate with our industry-leading Lenovo devices to improve
user experience and operational efficacy while helping to minimize overall IT cost. With the rapid digital
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transformation of the workplace, ThinkShield keeps customers protected from the evolving threat
landscape with advanced, next-gen security capabilities so that your risks and response times are
reduced.
Our holistic approach to security starts with our platform security. Built-in ThinkShield security solutions
come standard on Lenovo’s industry-leading Think-branded devices. These include such features as our
self-healing bios or the Trusted Supplier program, a rigorous vetting process to ensure every supplier
meets the highest standards of trust.
Access to Testing and Demo Equipment
Upon request, Lenovo will provide demo equipment for testing purposes that meet the needs of the
organization. Also, Lenovo offers customers the opportunity to buy the demo equipment or return it to
Lenovo when testing is complete.
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Tab 9 – Required Documents
Federal Funds Certifications
The following clauses are deemed by Lenovo to not be applicable:
• (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non- Federal entity must report all suspected or reported violations to
the Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
• Pursuant to Federal Rule (D) above, when a Participating Agency expends federal
funds during the term of an award for all contracts and subgrants for construction or
repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions
• Any Participating Agency will include any current and applicable prevailing wage
determination in each issued solicitation and provide Offeror with any required
documentation and/or forms that must be completed by Offeror to remain in compliance
the applicable Davis-Bacon Act provisions.
• (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704,
as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of
the Act, each contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
• Pursuant to Federal Rule (E) above, when a Participating Agency expends federal
funds, offeror certifies that offeror will be in compliance with all applicable provisions of
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the Contract Work Hours and Safety Standards Act during the term of an award for all
contracts by Participating Agency resulting from this procurement process.
• (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and
any implementing regulations issued by the awarding agency.
• Pursuant to Federal Rule (F) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term of an award for all contracts by
Participating Agency resulting from this procurement process, the offeror agrees to
comply with all applicable requirements as referenced in Federal Rule (F) above
Lenovo takes exception to the following certification as Lenovo does not provide a blanket compliance
statement as it relates to this provision. Requests to expressly state compliance with this provision shall
be considered on a case-by-case basis.
• CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad
Administration, or Federal Transit Administration funds, offeror certifies that its products comply
with all applicable provisions of the Buy America Act and agrees to provide such certification or
applicable waiver with respect to specific products to any Participating Agency upon request.
Participating Agencies will clearly identify whether Buy America Provisions apply in any issued
solicitation. Purchases made in accordance with the Buy America Act must still follow the
applicable procurement rules calling for free and open competition.
Clean Air and Water Act & Debarment Notice
To the best of our knowledge and belief, Lenovo concurs.
Contractors Requirements
Lenovo concurs.
Required Clauses for Federal Assistance by FTA
The entire “Require Clauses for Federal Assistance Provided by FTA” section is deemed by Lenovo to
not be applicable.
Federal Required Signatures
Please refer to page 48 for Lenovo’s completed Federal Required Signatures form.
Antitrust Certification Statements Texas Government Code § 2155.005
Please refer to page 49 for Lenovo’s completed Antitrust Certification Statements Texas Government
Code form.
State Notice Addendum
Lenovo concurs.
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Federal Required Signatures
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in the
pages above.* It is further acknowledged that offeror agrees to comply with all federal, state, and local
laws, rules, regulations and ordinances as applicable.
*Note: Lenovo certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in
the pages above with the exceptions noted regarding clauses that do not apply to Lenovo and the Lenovo
statement pertaining to the Buy America Provisions.
Lenovo (United States) Inc._____
Offeror
8001 Development Drive _______
Address
Morrisville, NC 27560__________
City State Zip
___________________________
Authorized Signature
November 17, 2022____________
Date
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Antitrust Certification Statements Texas Government
Code § 2155.005
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company,
corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision
of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company has violated any federal
antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the
contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership
or individual engaged in the same line of business as the Company.
Lenovo (United States) Inc._____
Company Name
8001 Development Drive _______
Address
Morrisville, NC 27560__________
City State Zip
855-253-6686________________
Telephone Number
n/a_________________________
Fax Number
destridge@lenovo.com _________
Email Address
Darren Estridge _______________
Printed Name
Executive Director_____________
Title
____________________________
Authorized Signature
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Appendix A: Lenovo Customer Agreement
This appendix includes a copy of the Lenovo Customer Agreement as referenced in our responses within
Tab 1 and Tab 2.
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Lenovo Customer Agreement
“Personal Computer”
Parties
This Lenovo Customer Agreement (this “Agreement”) is made by and between:
1. National Cooperative Purchasing Alliance (“Customer”) with an office at PO Box 701273, Houston, TX 77270,
and
2. Lenovo (United States) Inc. (“Lenovo”) with an office at 8001 Development Dr., Morrisville, NC 27560.
Customer and Lenovo may be referred to collectively as the “Parties” and each individually as a “Party”.
Agreement Structure
The following documents are incorporated into and form part of this Agreement:
Attachment A: General Terms
Attachment B: Pricing, Products, Services Descriptions and Contact Details
Attachment C: Warranty Service Information (“Personal Computer”)
This Agreement applies to all Products and Services ordered by Customer in accordance with its terms and conditions.
Each Party accepts the terms of this Agreement by signing either by hand or, where permitted by law, electronically.
Any reproduction of this Agreement, an Attachment or a Transaction Document made by reliable means, such as PDF
using email, shall be considered an original. The Parties have caused this Agreement to be executed by their duly
authorized representatives as of the Effective Date. After signing, please return a copy of this Agreement to the Lenovo
address shown above.
Accepted and agreed for and on behalf of:
Accepted and agreed for and on behalf of:
National Cooperative Purchasing Alliance
Lenovo (United States), Inc.
by:
Authorized signature
by:
Authorized signature
Signatory Name:
(type or print)
Signatory Name:
(type or print)
Signatory Title:
Signatory Title:
Signature Date:
Signature Date:
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ATTACHMENT A
General Terms
1 Definitions
In this Agreement, in addition to the various terms defined elsewhere in this Agreement, the following terms
shall be interpreted as follows:
1.1 “Affiliate” means, with respect to any party, any entity that, during the Term, directly or indirectly controls, is
controlled by, or is under common control with such party. For purposes of this definition, “controls”
“controlled by,” and “under common control with” mean (i) the ownership, direct or indirect, of (a) more
than fifty percent (>50%) of the shares of stock entitled to vote for the election of directors, in the case of a
corporation, or (b) more than fifty percent (>50%) or such other controlling interest (as determined by
applicable law) in the equity interests of any other type of legal entity (whether in the form of stock or
otherwise), or (ii) status as a general partner in any partnership, or any other arrangement whereby a party
controls or has the right to control the board of directors or equivalent governing body of a corporation or other
entity.
1.2 “Enterprise” means a Party, and any entity that is controlled by, controls, or is under common control or
ownership with such Party, including its sister companies, parent, Affiliates or subsidiaries.
1.3 “Hardware Product” means a physical programmable electronic Lenovo-branded or Third Party-branded
device designed to process data and perform logic operations, as well as any related device and may include,
without limitation, a personal computer, a server, a storage device, and any related accessory and device.
1.4 “Lenovo Partners” means Lenovo and its Affiliates, and their subcontractors, assignees, relevant service
providers, distributors and resellers.
1.5 “Machine” means a Lenovo-branded Hardware Product (to be identified by a “Machine Type”), as well as its
features, conversions or upgrades.
1.6 “Machine Code” means all code provided for a Machine (including, without limitation, a Machine’s firmware
and microcode), excluding code that is licensed under a license agreement other than the terms of this
Agreement governing the use of Machine Code. The term “Machine Code” specifically includes any whole or
partial copy of Machine Code, and any fix, patch, or replacement provided for Machine Code. The licensing
of Machine Code is described in Section 8 “Licenses for Machine Code” of this Attachment A “General Terms”
below.
1.7 “Materials” means literary works or other works of authorship, such as Programs and code, documentation,
reports, and similar works that Lenovo may deliver to Customer as part of a Service, but excluding Programs,
Machine Code, and other items available under their own license terms or agreements.
1.8 “Price” means, as applicable, the price payable for a Product or the charge payable for a Service.
1.9 “Product” means any Hardware Product or Program that Lenovo makes available for purchase by Customer
under this Agreement.
1.10 “Program” means any Lenovo-branded or Third Party software, whether in object code or source code form,
and whether pre-loaded or provided separately, which is licensed to Customer under a separate license
agreement. The term “Program” also includes related licensed materials, such as documentation, but always
excludes Machine Code.
1.11 “Service” means the performance of a task, the provision of advice or assistance, or access to a resource
such as an information data base that Lenovo makes available to Customer under this Agreement. Unless
otherwise agreed hereafter, terms and conditions relating to additional Services other than any warranty
services shall be agreed subsequently and set forth in a separate Transaction Document.
1.12 “Third Party” means any legal entity or individual person which or who is not subject to the terms and
conditions of this Agreement, and hence neither a Party nor an Affiliate of a Party.
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1.13 “Transaction Document” means, strictly subject to Section 18.2 of this Attachment A “General Terms”, a
separate subsequent document accepted by the Parties referencing this Agreement and which contains
specific details and terms related to an individual transaction, such as a purchase order, service transaction,
statement of work, supplement, product catalog, schedule, invoice, exhibit, change authorization, amendment
or addendum and any applicable annex. One or more Transaction Documents may be associated with a single
transaction. Each transaction under this Agreement constitutes a separate agreement, and is independent
from other such transactions.
2 Orders, Acceptance and Delivery
2.1 Customer may place one or more orders, subject to acceptance by Lenovo, for any of the Products and
Services agreed between the Parties under this Agreement, in particular as agreed in a Transaction Document
or in an Attachment. Unless agreed otherwise, Customer accepts the terms in Transaction Documents by: (i)
signing the relevant Transaction Document, by hand, or electronically or otherwise manifesting assent thereto;
(ii) using the Product or Service, or allowing others to do so; or (iii) making any payment for a Product or
Service.
2.2 Unless agreed otherwise by Lenovo, acceptance by Lenovo of any such order shall be subject to: (i) proof of
Customer’s creditworthiness satisfactory to Lenovo; or (ii) Lenovo’s receipt of a payment guarantee from either
Customer or another acceptable guarantor, in a form acceptable to Lenovo.
2.3 A Product or Service becomes subject to this Agreement when Lenovo accepts Customer’s order by: (i)
signing a Transaction Document; (ii) sending Customer written acceptance of the order or billing Customer for
the same; (iii) shipping the Product; or (iv) otherwise making the Product or Service available to Customer.
Confirmation of Lenovo’s receipt of a Customer order does not constitute Lenovo’s acceptance of that
Customer order.
2.4 Any Transaction Document will require written signature of both Parties, if requested by either Party.
2.5 Delivery dates and shipping dates are estimates, unless otherwise specifically agreed by Lenovo in a
Transaction Document.
2.6 For any Program that Lenovo provides to Customer in tangible form, Lenovo fulfils its shipping and delivery
obligations upon the delivery of the Program to the Lenovo-designated carrier, unless otherwise agreed to in
writing by Customer and Lenovo.
3 Prices, Payment and Taxes
3.1 Prices and related costs for Products and Services shall be as set forth in Attachment B “Pricing, Products,
Services Descriptions and Contact Details”, or as otherwise agreed by the Parties in a Transaction Document.
No other discounts, quantity entitlements, or promotions apply unless expressly agreed in writing by Lenovo.
3.2 If not paid in advance of shipment or performance, all amounts due to Lenovo on Services and Products are
due upon receipt and not later than thirty (30) days of Lenovo’s invoice issuance date. Any amounts not
received by Lenovo within thirty (30) days of the invoice’s issuance date shall be overdue. In the event payment
is not received by Lenovo on or before the 30th day after the date of the invoice, then Lenovo may, in addition
to any other remedies available at equity or in law, at its option, elect to do any one or more of the following:
(i) charge interest on the outstanding sum from the due date (both before and after any judgment) at 1.5% per
month until paid in full (or, if less, the maximum amount permitted by applicable laws); (ii) suspend any further
performance hereunder until such invoice is paid in full; (iii) terminate this Agreement; and/or sell any
undelivered Products in the open market, in which event, Customer agrees to: (a) be liable for any difference
between the resale price obtained by Lenovo and the price thereof, as well as for costs and expenses incurred
by Lenovo in connection with such resale, and interest as provided herein; and (b) immediately pay such
difference to Lenovo upon demand. If Customer fails to take delivery of any Product on any scheduled delivery
date, Lenovo shall store such Product as Customer’s agent, and Customer shall be invoiced on the 1st day of
each month following such scheduled delivery for reasonable administration and storage costs. Customer
shall not have any right to offset any obligation of Lenovo to Customer against any obligation of Customer to
Lenovo.
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3.3 Each and every delivery of Products is separate, and Customer agrees not to withhold payment on any one
delivery, including, without limitation, a partial delivery, because of a controversy relating to any other delivery
or to any undelivered Products. In the event of delivery by installments, whether by prior agreement of the
Parties or otherwise, delivery of one or more such installments shall not relieve Customer of its obligation to
accept and pay for remaining installments.
3.4 Customer shall pay any applicable sales, use or similar taxes, fees or duties on Services and Products, unless
Customer provides exemption documentation to Lenovo. Customer becomes responsible for taxes on (i)
Hardware Products and Programs pre-loaded on Hardware Products from the date Lenovo has delivered them
to the Lenovo-designated carrier for shipment to Customer, (ii) Programs from the date Lenovo has made
them available or accessible to Customer, and (iii) Services from the date on which the Services are provided
by Lenovo. Lenovo shall be solely responsible for paying all taxes on Lenovo’s net or gross income.
4 Title and Risk
4.1 When Customer orders any Hardware Product, Lenovo transfers title to Customer upon delivery of the
Hardware Product at the Lenovo-designated carrier for shipment to Customer. Lenovo does not transfer title
to any Program, which Program is solely licensed in accordance with its applicable terms and not sold.
4.2 For each Hardware Product supplied by it, Lenovo bears the risk of loss or damage up to the time it is delivered
to the Lenovo-designated carrier for shipment to Customer. At no cost to Customer, each Hardware Product
supplied by Lenovo will be covered by insurance, arranged, managed and paid for by Lenovo or one of its
Affiliates for Customer, covering the period until the Hardware Product is delivered to Customer. For the
avoidance of doubt, pursuant to Attachment B “Pricing, Products, Services Descriptions and Contact Details”
Lenovo will bear freight and duty charges incurred in importing Hardware Products and delivering them to
Customer, unless otherwise specifically agreed by Lenovo in a Transaction Document.
5 Warranties
5.1 Warranties for Lenovo Hardware Products: Lenovo warrants that each Lenovo-branded Hardware Product
supplied under this Agreement is free from defects in materials and workmanship under normal use during
the applicable warranty period. Unless Lenovo specifies otherwise, Lenovo’s warranties for any Lenovo
Hardware Product apply only in the country where it was acquired. Unless otherwise specified in a Transaction
Document, the warranty period shall commence on the invoice’s issuance date. During the warranty period,
Lenovo shall provide repair and exchange service for the Lenovo Hardware Product, without charge, under
the type of warranty service designated by Lenovo for the Hardware Product. If a defect in materials or
workmanship is discovered during the warranty period and Lenovo is unable either: (i) to repair the Lenovo
Hardware Product; or (ii) to replace it with one that is at least functionally equivalent, Customer may return the
Lenovo Hardware Product to Lenovo for a pro-rated refund. Lenovo may change components or parts of a
Lenovo Hardware Product without notice, provided that the substituted components or parts provide equal or
better performance. Any such change shall be at no additional cost to Customer, and will not change
Customer’s rights under the warranty applicable to the Lenovo Hardware Product.
5.2 Warranty for Third Party Hardware Products: Lenovo offers no warranty in respect of Third Party Products
under this Agreement. Where the supplier or producer of any Third Party Product offers its own warranty, and
to the extent that Lenovo is free to do so, Lenovo will upon request endeavor to transfer associated warranty
service and other rights to Customer, subject always to the applicable Third Party’s terms and conditions.
5.3 Warranty for Services: Lenovo warrants that it will perform each Service using reasonable care and skill and
according to its current description, including any completion criteria, contained in this Agreement or a relevant
Attachment or Transaction Document. Customer shall provide timely written notice to Lenovo of any failure to
comply with this warranty not later than thirty (30) days after completion of the Service at issue identifying the
failure with reasonable particularity, in order that Lenovo may take corrective action as specified in the
following sentence. Lenovo will either correct the failure or provide a credit of the charges paid to Lenovo for
the defective portion of the Services. Such corrective action shall be Customer’s sole remedy for a breach of
this Section 5.3 “Warranty for Services”.
5.4 Warranty for Programs: Lenovo does not offer any warranty in respect of Programs under this Agreement.
See Section 6 “Programs” of this Attachment A “General Terms” for where to locate warranty terms for
Programs, if any.
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5.5 Specific Exclusions: The warranties in this Section 5 “Warranties” are made to and for the benefit solely of
the specific buyer under this Agreement and are non-transferable. The warranties stated in this Section 5
“Warranties” shall not apply to any Lenovo Hardware Product: (i) that: (a) has been subjected to misuse,
accident, unauthorized modification, improper installation, damage or mishandling, or rendered inoperable
due to willful or negligent acts or omissions; (b) has been operated in an unsuitable physical or operating
environment or contrary to the applicable documentation published by Lenovo; (c) has been subjected to
natural disasters, power surges or discharge, or unauthorized maintenance; or (d) is incapable of being tested
by Lenovo under its normal test conditions; or (ii) that is sold for beta, evaluation, testing or demonstration
purposes. Lenovo shall not be liable under this Section 5 “Warranties” for claims arising from Customer’s, its
Affiliates’ or their subcontractors’, or any unauthorized Third Party’s misuse, neglect, improper installation or
testing, attempts to repair, or any other cause beyond the range of the intended use of the Lenovo Hardware
Product. The Lenovo Hardware Product warranty will become void if a Hardware Product component is
installed as an add-on to or replacement for the original Lenovo Hardware Product, without Lenovo’s prior
written approval. Unless otherwise agreed or mandated by statute, such warranties shall not apply to: (1) any
Third Party Hardware Product, including those that Lenovo may provide or integrate into a Lenovo Hardware
Product at Customer’s request; or (2) any Program, whether provided with a Lenovo Hardware Product or
installed subsequently. The warranties stated in this Section 5 “Warranties” also: (x) do not include any
technical support, such as assistance with “how-to” questions and those regarding Lenovo Hardware Product
set-up and installation; and (y) shall be voided by the removal or alteration of identification labels on a Lenovo
Hardware Product or its parts. In no event shall the warranties stated in this Section 5 “Warranties” include
any Lenovo responsibility for: (A) uninterrupted or error-free operation of any Product; (B) correction of any or
all program or Program code defects; or (C) any loss of, or damage to, data caused by a Product.
5.6 General Exclusions: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES
SET FORTH UNDER THIS SECTION 5 “WARRANTIES” ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, NON-INFRINGEMENT
OR FITNESS FOR A PARTICULAR PURPOSE, WHICH LENOVO HEREBY EXPRESSLY DISCLAIMS.
UNLESS OTHERWISE EXPRESSLY SPECIFIED, ALL SOFTWARE, MACHINE CODE, PROGRAMS,
SERVICES, SUPPORT AND ALL THIRD PARTY PRODUCTS AND SERVICES ARE PROVIDED “AS IS”,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND LENOVO MAKES NO WARRANTY THAT
ANY PRODUCT WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS. THIRD PARTY
MANUFACTURERS, SUPPLIERS, DEVELOPERS, SERVICE PROVIDERS, LICENSORS OR PUBLISHERS
MAY SEPARATELY PROVIDE THEIR OWN WARRANTIES TO CUSTOMER.
6 Programs
Unless otherwise agreed in this Agreement, all terms and conditions for any Program purchased under this
Agreement, whether Lenovo or Third Party branded, including but not limited to warranty terms, liability and
the use of such Program will solely be governed by its own specific Lenovo or Third Party license terms, as
separately provided to or agreed by Customer, as the case may be, before its actual use. In case, but to the
extent only, of any conflict between any of the terms and conditions of this Agreement and those of the license
agreement for any such Program, the latter will prevail solely as regards the Program.
7 Specified Image
7.1 The Parties may agree that Lenovo will install a specific “system image” consisting of a specified set of
Customer-selected Programs and modules (a “Specified Image”) requested and provided by Customer onto
a Lenovo Hardware Product supplied under this Agreement.
7.2 Unless specifically agreed otherwise in writing: (a) Lenovo will act as Customer’s agent when installing
Specified Images; (b) Lenovo’s warranty and other Hardware Product-related obligations, including without
limitation regarding technical performance, interoperability and Third Party rights compliance, shall be limited
to Lenovo Hardware Products in their unmodified state; and (c) Lenovo shall only be liable to provide Hardware
Product warranty service to Customer for any Lenovo Hardware Product on which a Specified Image is
installed to the extent that the fault reported by Customer can be recreated on the Hardware Product in its
standard, unmodified state. Any faults should be reported to Lenovo in writing by Customer not later than
ninety (90) days following delivery of the Lenovo Hardware Product to Lenovo’s designated carrier, or the
faults will be considered waived.
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8 Licenses for Machine Code
Customer acknowledges that each Machine contains Machine Code. Regardless of the source from which
Customer acquires a Machine, the Machine Code shall be subject to the terms of the license agreement
included with the relevant Machine. Customer’s use of Machine Code on a Machine is governed by the terms
of the applicable Lenovo License Agreement which is available on or through Lenovo’s support website at
https://support.lenovo.com/, or otherwise will be provided upon request.
9 Confidentiality
9.1 Any non-public information which is received under this Agreement by one Party from the other and which is
clearly marked as “confidential” (“Confidential Information”) shall be (i) maintained in confidence during the
term of this Agreement and for two (2) years following termination or expiration of this Agreement (or, if it is
Confidential Information additionally marked as and comprising a “trade secret,” for so long as it remains a
trade secret under applicable law), (ii) used only for the purpose of fulfilment of the receiving Party’s obligations
under this Agreement, and (iii) protected during such periods against unauthorized disclosure by the receiving
Party, except for the following permitted disclosures: (a) disclosure to the receiving Party’s Affiliates,
employees and contractors with a business “need to know” for the exercise of the receiving Party’s rights or
fulfilment of its obligations under this Agreement, provided that such further recipients are also obligated by
the receiving Party to protect the Confidential Information to the same extent as the receiving Party under this
Section 9 “Confidentiality” and (b) disclosure with the prior written consent of the disclosing Party. Further, the
receiving Party is permitted to disclose any protected Confidential Information of the disclosing Party, to the
extent required by law, on condition that in any such case the receiving Party promptly notifies the discloser
(to the extent not prohibited by applicable law), to allow the disclosing Party a reasonable opportunity to seek
a protective order. Confidential Information is provided with no warranty, and without liability as to its accuracy
or completeness. Confidential Information disclosed to a third party, notwithstanding a valid consent provided
under this Agreement or in the event of an unauthorized disclosure, remains Confidential Information under
this Section 9 “Confidentiality”. The terms of this Agreement are the Confidential Information of Lenovo.
9.2 Information shall not be considered “Confidential Information” under this Section 9 “Confidentiality”, and the
receiving Party is free to disclose it, if: (i) the information was already in the recipient’s possession without
obligation of confidentiality at the time of its receipt from the receiving Party; (ii) the information was
independently developed by the receiving Party without use of the Confidential Information of the disclosing
Party; (iii) the information was obtained from a third party without obligation of confidentiality to the disclosing
Party; (iv) the information was or becomes publicly available through no breach of this Agreement by the
receiving Party or its Affiliates, employees and contractors; or (v) the disclosing Party reveals the information
to a third party without imposing an obligation of confidentiality on the third party.
9.3 The terms of this Section 9 “Confidentiality” supersede and replace the terms of any confidentiality or non-
disclosure agreement entered into by and between the Parties prior to the Effective Date (an “NDA”), provided
however that any such NDA shall remain effective in accordance with its terms with respect to any confidential
information disclosed under it by the Parties prior to the Effective Date.
10 Personal Information
10.1 Lenovo will collect, access, retain and, as appropriate, share (collectively “Process”) the names and contact
information of Customer, as well as machine types and serial numbers of the Products sold to Customer
(collectively “Personal Information”). This Personal Information will be Processed by Lenovo in order to
perform the obligations of this Agreement, including contractual warranties.
10.2 Lenovo will Process Personal Information of Customer consistent with its general website and product privacy
statements available at https://www.lenovo.com/us/en/privacy/ and/or, as applicable, privacy statements
designed for a specific Lenovo Product or Service.
10.3 To perform its obligations pursuant to this Agreement in relation to the Products and Services, Lenovo may
transfer Personal Information (i) from any country to any other country in the world where Lenovo and its
Enterprise operate, and (ii) to Lenovo’s Enterprise and Lenovo Service Providers acting on Lenovo’s behalf in
relation to this Agreement and/or the Products or Services.
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10.4 Lenovo and Customer will comply with all data privacy or data protection laws applicable to their Processing
of Personal Information pursuant to this Agreement.
10.5 Lenovo and Customer will have appropriate technical and organizational security measures in place to protect
Personal Information from unauthorized access, use, or release.
10.6 If Customer accesses any Personal Information directly from a Lenovo order visibility platform or other data
system, Customer (i) shall have in place appropriate administrative, physical, and technical controls to address
threats to the confidentiality and security of Lenovo’s platform or data system and associated information and
(ii) shall not transfer across international borders any Personal Information it receives from Lenovo without
Lenovo’s express prior written consent.
10.7 Lenovo and Customer agree to cooperate as needed to address any actual or suspected Personal Information
incident that may occur within the scope of this Agreement, including actual or suspected breaches of Personal
Information, and to take any necessary steps to investigate, address, remediate and/or mitigate such incidents.
10.8 Furthermore, Lenovo and Customer agree to appropriately respond to any individual’s requests to review,
correct, amend or delete his or her Personal Information Processed within the scope of this Agreement.
11 Additional Customer Responsibilities
11.1 As may be reasonably required by Lenovo, Customer shall provide Lenovo with sufficient and safe access
(including remote access authorized by Customer) to Customer’s facilities, systems, information, personnel,
and resources, all at no charge to Lenovo. Lenovo shall not be responsible for any delay in performing or
failure to perform caused by Customer’s delay in providing such access or performing other Customer
responsibilities under this Agreement.
11.2 If Customer is making any facilities, software, hardware or other resources available to Lenovo in connection
with this Agreement: (i) Customer shall obtain any Third Party approvals, consents, licenses or permissions
related to these resources that may be necessary for Lenovo, or its Affiliates, and/or Lenovo Partners to
perform the Services; (ii) Lenovo shall be relieved of any obligation that is adversely affected by Customer’s
failure promptly to obtain any of the foregoing; and (iii) Customer shall reimburse Lenovo for any costs and
other amounts that Lenovo may incur related to Customer’s failure to obtain any of the foregoing.
11.3 Customer will at all times remain responsible for: (i) the implementation and management of its own data
backup and recovery arrangements for any data stored on Customer’s Hardware Products.
11.4 Unless otherwise agreed in an Attachment or a Transaction Document, Customer is responsible for: (i) any
data, and the content of any database stored on the Hardware Products or that it makes available to Lenovo
in connection with this Agreement; and (ii) the selection and implementation of procedures and controls
regarding access to its data, and the security, encryption, protection from unauthorized use, and transmission
of data. Lenovo’s responsibilities regarding any such data or database, including any obligations related to
data subjects’ rights or the confidentiality and security of the data, will be governed by the specific Transaction
Document applicable to the particular Service transactions, which are subject to the provision of Section 17
“Limitation of Liability” of this Attachment A “General Terms” and other terms and conditions of this Agreement.
12 Returns
If for any reason, whether based on applicable law or on a specific contractual provision under this Agreement,
Customer is entitled to return a Hardware Product to Lenovo, Customer is responsible, before returning the
Hardware Product for: (i) resetting the system to its original factory settings as provided by Lenovo to
Customer; (ii) ensuring that such Hardware Product is entirely free of any Customer or Third Party security
interest or deposit; and (iii) securely erasing any Customer or Third Party personal and other data stored on
the Hardware Product. If Customer fails to do so, Lenovo shall be entitled to erase all such stored data. Lenovo
is not responsible to maintain any program or other data stored in or on any returned Hardware Product and
shall not be liable for any such data. Lenovo may operate disposal procedures according to Lenovo defined
processes and in accordance with applicable laws. In any event, Customer shall not return any Hardware
Products to Lenovo unless Customer has obtained a returned goods authorization from Lenovo for the
applicable Hardware Products, and otherwise complies with the return policy of Lenovo then in effect.
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Customer may return a new, standard Product that is still in its sealed, unopened package, to Lenovo for any
reason within twenty-one (21) days of the date of invoice for a refund or credit. Customers may only return
the entire Product or all such Products for a refund or credit. Partial refunds or credits for Products that are
not standard; or Products configured to Customer’s requirements, including installation of software Product
options; or quantities of Products that are not separately priced, are not available to Customers. In order to
receive a credit or refund, Customer must contact its Lenovo Customer Support Representative to obtain a
return-authorization form. Customer must return the new Product, including all documentation and
accessories, intact and in its unopened original packaging to the location and by the date specified by Lenovo.
A copy of the invoice, the return-authorization form, and the shipping label must accompany the returned
Product. Shipping and handling charges will not be refunded or credited to Customer. Products returned
without a Lenovo return-authorization form, or returned after the date specified by Lenovo, may be subject to
a restocking fee in the amount of fifteen percent (15%) of the price paid.
Customer agrees to pay the restocking fee if charged by Lenovo. A refund or credit is not available for the
return of Products which are not generally available to customers and for which Lenovo created a unique
machine type model (MTM) or a part number. Returns of Products shipped as a result of a Lenovo error will
be accepted by Lenovo. Lenovo will initiate a return of such Products with appropriate documentation at no
charge to Customer if Lenovo is notified of the error within twenty one (21) days of the date of the invoice. If
Customer acquired a software Product separate from a hardware Product, and paid a software license fee,
but does not agree to the terms of the license, Customer may return the software Product within twenty one
(21) days of the date of invoice and receive a refund or credit in the amount of the fee.
13 Export Regulations
Any use, export, re-export, or transfer in-country, either directly or indirectly, of Products and technical data
supplied by Lenovo under this Agreement is subject to applicable export laws and regulations, including
without limitation those of the United States and the European Union. Customer is responsible for compliance
with all applicable export laws and regulations when using, exporting, re-exporting, or transferring in-country,
directly or indirectly, any such Product or technical data. Customer shall defend, indemnify and hold Lenovo
and its Affiliates harmless from any claim, damage, liability or expense (including but not limited to reasonable
attorneys’ fees, costs of investigation, and costs of defense) arising out of or in connection with any violation
of this Section 13 “Export Regulations”.
This Agreement shall immediately terminate in the event Customer is listed as a restricted party on any
sanctions list including, but not limited to, the United Nations Sanctions List, United States Treasury
Department’s Office of Foreign Asset Control Specially Designated National List; and the United States
Department of Commerce’s Denied Parties List, Entity List, or Unverified List. Lenovo shall have no further
obligations under this Agreement until Customer is no longer designated a restricted party.
14 Force Majeure
Except for payment obligations, neither Party shall be liable to the other for any failure or delay in the
performance of its obligations, to the extent such failure or delay is caused by: fire, flood, earthquakes, or
other elements of nature; acts of war; terrorism, riots, strikes, labor stoppages, civil disorders, rebellions or
revolutions; epidemics, communication line or power failures; governmental laws, court orders or regulations;
or any other cause beyond its reasonable control.
15 Intellectual Property Rights
15.1 Lenovo and its suppliers retain ownership of all their pre-existing intellectual property as well as intellectual
property rights that were developed outside of this Agreement and any modifications or enhancements of such
intellectual property that may be made under this Agreement. To the extent they are embedded in any
Materials, such intellectual property is licensed in accordance with their separate licenses provided to or
agreed with Customer.
15.2 Lenovo and its suppliers shall own all intellectual property rights in Materials created as part of a Services
transaction. Lenovo grants Customer an irrevocable, nonexclusive, worldwide, paid-up license to use,
execute, reproduce, display, perform and distribute copies of these Materials only to Customer’s Affiliates.
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15.3 Each Party agrees to reproduce the copyright notice and any other legend of ownership on any copies made
under the licenses granted in this Section 15 “Intellectual Property Rights”.
15.4 Each Party grants the other only the licenses and rights expressly specified in this Agreement. Unless agreed
by the Parties in a separate license agreement, no other licenses or rights to Products (including licenses or
rights under any patent, copyright, trademark or any other intellectual property right) are granted either directly,
by implication, or otherwise by either Party.
15.5 The rights and licenses granted to Customer under this Agreement may be terminated by Lenovo if Customer
fails to fulfil its applicable payment obligations.
15.6 Unless otherwise agreed, neither Party grants the other the right to use its or any of its Affiliates’ trademarks,
trade names, logos or other designations in any promotion or publication without prior written consent.
16 Intellectual Property Indemnification
16.1 If a Third Party files a lawsuit against Customer claiming that a Lenovo-branded Product infringes that party’s
patents or copyrights (hereinafter referred to as a “Claim”) for the purposes of this Section 16 “Intellectual
Property Indemnification”, Lenovo will indemnify Customer against that Claim at Lenovo’s expense. At
Lenovo’s option, Lenovo may also defend Customer against that Claim at Lenovo’s expense.
16.2 Lenovo’s obligations under this Section are conditioned on the following: (1) Customer promptly notifies
Lenovo in writing of the Claim; (2) if Lenovo elects to defend, Lenovo will solely control the conduct of the
defense and any settlement of the Claim and Customer must fully and timely cooperate with Lenovo and
provide Lenovo with all reasonably requested authority, information and assistance in connection with defense
of the Claim; and (3) Customer is and remains in compliance with the terms of this Agreement, including
Customer's obligations under this Section 16 “Intellectual Property Indemnification”. Lenovo will not be
responsible for any costs, expenses or compromise incurred or made by Customer without Lenovo’s prior
written consent.
16.3 If such a Claim is made or appears likely to be made, and Customer maintains an inventory of Products,
Customer shall permit Lenovo, in Lenovo’s sole discretion, to: (1) enable Customer to continue to use and sell
the Products; (2) modify the Products so that they are non-infringing; (3) replace the Products with non-
infringing, functionally-equivalent products; or (4) provide a credit to Customer equal to the net book value of
any Products that Customer promptly returns to Lenovo at its written request.
16.4 Lenovo shall have no obligation regarding any Claim based on: (1) anything Customer or a Third Party on
Customer's behalf provides which is incorporated into, or combined with a Product; (2) modification of a
Product by Customer or a Third Party on Customer's behalf; (3) the combination, operation, or use of a Product
with any products not provided by Lenovo as a system, or the combination, operation, or use of a Product with
any product, data, apparatus or business method that Lenovo did not provide; (4) Lenovo’s compliance with
Customer’s specifications or requirements; or (5) infringement by a Third Party product alone and used by
Customer, as opposed to its combination with Products; or (6) any standard essential patent ((1) through (6)
are collectively the “Customer Obligations”). Customer will defend and indemnify Lenovo for all costs and
damages arising from infringement claims against Lenovo based upon the Customer Obligations provided
that (a) Lenovo promptly notifies Customer in writing of such claim; (b) Customer will solely control the conduct
of the defense and any settlement of such claim and Lenovo must fully and timely cooperate with Customer
and provide Customer with all reasonably requested authority, information and assistance in connection with
defense of the claim; and (c) no settlement of such claim shall be made without Lenovo’s prior written consent
if the settlement would result in a payment from Lenovo or in any ongoing obligation or restriction on Lenovo
or a Product.
16.5 The foregoing is Lenovo’s entire obligation to Customer, and Customer’s exclusive remedy, regarding any
Claim.
17 Limitation of Liability
17.1 Except as expressly stated in this Agreement, neither Enterprise shall be liable to the other Enterprise for any
of the following even if informed of their possibility or foreseeable and whether the claim arises in contract, tort
(including gross negligence where legally permissible), or otherwise: (1) third-party claims for damages; (2)
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loss of, or damage to, data; (3) special, incidental, indirect, punitive, exemplary or consequential damages;
(4) loss of profits, business, revenue, goodwill or anticipated savings; (5) loss of use; or (6) wasted
management time.
17.2 The maximum cumulative liability of either Enterprise to the other Enterprise for all actions arising out of or
related to this Agreement and all orders issued hereunder, regardless of the form of the action or the theory
of recovery, shall be limited to actual direct damages, not to exceed the total amount paid or payable by
Customer and the Enterprise of which it is a part to Lenovo and the Enterprise of which it is a part for all orders
issued under this Agreement.
17.3 The provisions of Sections 17.1 and 17.2 of this Attachment A “General Terms” shall also limit the liability of
Lenovo, its subcontractors, suppliers and program developers, collectively, to Customer and the Enterprise of
which it is a part.
17.4 The provisions of Sections 17.1 and 17.2 of this Attachment A “General Terms” shall not apply to either Party’s
obligations under Sections 16 “Intellectual Property Indemnification” of this Attachment A “General Terms”.
17.5 The provisions of this Section 17 “Limitation of Liability” shall not apply to the extent prevented or restricted
by mandatory applicable law (including without limitation in relation to fraud) that cannot be amended or
excluded by contractual waiver.
18 Entire Agreement and Conflicts
18.1 This Agreement, including the Attachments described on the cover page, any Transaction Documents
hereunder, and any other referenced terms and conditions incorporated herein form the entire Agreement of
the Parties with respect to the subject-matter of this Agreement, and together replace any prior or
contemporaneous agreements, understandings, communications, representations, undertakings, warranties,
promises, covenants, and commitments, whether oral or written, between the Parties regarding the subject-
matter of this Agreement.
18.2 Unless otherwise agreed herein or otherwise, additional or different terms, Product descriptions, statements
of work or similar Transaction Documents shall only become part of this Agreement if agreed in a signed
written document executed by the Parties, in particular where the provisions of this Agreement are
incorporated or referenced. Additional or different terms in any other written communication without the written
consent of Lenovo, such as on a purchase order, are void.
18.3 In the event, but only to the extent, of any conflict between the provisions of this Agreement, and those of any
of its Attachments or any other document incorporated into this Agreement, the following order of precedence
shall apply:
(1) any subsequent Transaction Document created under, and referring to, this Agreement shall prevail
as to the specific Products or Services referenced therein; provided that, to the extent there is any
conflict among Transaction Documents, the most recently executed Transaction Document will
prevail over any other previously executed Transaction Documents;
(2) any Attachment to this Agreement;
(3) these General Terms.
19 Term and Termination
19.1 The term of this Agreement shall begin on xx/xx/xxxx Date and continue for three (3) years with option to
renew for up to five (5) additional one-year terms or any combination of time equally not more than 5 years if
agreed to by Region 14 ESC and the vendor.
19.2 Either Party may terminate this Agreement early without cause upon thirty (30) days’ prior written notice to the
other Party. Either Party may terminate this Agreement early if the other Party, materially breaches the terms
of this Agreement; provided the Party alleged not to be in compliance is given written notice of the non-
compliance and not less than thirty (30) days to cure, except in the event of a non-payment in which case only
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ten (10) days to cure shall be required. Any transaction validly initiated under this Agreement shall remain
governed by the terms and conditions of this Agreement until completion, notwithstanding any early
termination of this Agreement, unless otherwise agreed by the Parties in writing.
19.3 Any terms of this Agreement which expressly or by their nature survive the expiration or termination of this
Agreement, including but not limited to Section 15 “Intellectual Property Rights” and Section 17 “Limitation of
Liability” of this Attachment A “General Terms”, shall survive the expiration or termination of this Agreement.
20 Assignment
Neither Party may assign this Agreement, in whole or in part, without the prior written consent of the other
Party. Neither Party shall unreasonably withhold, condition or delay such consent. The assignment of this
Agreement, in whole or in part by either Party to any of its Affiliates, or to a successor organization by merger
or acquisition, does not require the consent of the other Party unless the proposed assignee of Customer is a
competitor of Lenovo. Lenovo may assign its rights to receive payments under this Agreement without
Customer’s consent.
21 Governing Law and Venue
This Agreement and all orders issued hereunder will be governed under the laws of the State of New York,
without regard to its conflict of law principles. Neither party may bring an action arising out of or related to this
Agreement more than two (2) years after the cause of action arose.
22 Miscellaneous
22.1 The Parties shall endeavor in good faith to amicably resolve any dispute arising out of or in connection with
this Agreement and will cooperate to escalate any disputes to their management teams, as appropriate.
22.2 Customer may not bring an action arising out of or related to this Agreement more than one (1) year after the
cause of action arose. The rights and obligations of each Party are valid only in the jurisdiction in which the
transaction is performed or, if Lenovo agrees, where the Product is placed in productive use, except that all
licenses are valid as specifically granted. Nothing in this Agreement affects any statutory rights of consumers
that cannot be waived or limited by contract.
22.3 Unless otherwise agreed in writing in advance by Lenovo under a Transaction Document, Products are sold
under this Agreement for Customer’s own use and not for onward resale, lease or rental, other than to an
Affiliate of Customer. If Customer sells, leases or rents Products or Services purchased from Lenovo in
competition with Lenovo resellers, Lenovo may terminate this Agreement and any open transactions
hereunder with immediate effect and discontinue further sales to Customer.
22.4 Notices and other written communications are to be sent to the physical, e-mail or facsimile address specified
in an applicable Attachment or Transaction Document. Electronic mail can be used to send and receive
communications in connection with this Agreement. All such communications shall be considered a signed
writing. An identification code or “user ID” contained in an electronic document shall be sufficient to verify the
sender’s identity and the document’s authenticity.
22.5 The Parties are independent contractors. Neither this Agreement nor any transaction hereunder shall create
the relationships of principal and agent, joint venturers, partners, or employer or employee as between
Customer and Lenovo or their respective Affiliates.
22.6 Each Party shall assign personnel that are reasonably qualified to perform the tasks required of it under this
Agreement, and shall be solely responsible for the supervision, direction, control, and compensation of its
personnel. Subject to the foregoing, the Parties and their relevant Affiliates may in their sole discretion
determine the assignment of their personnel and contractors. Lenovo may delegate any of its rights and
obligations under this Agreement to an Affiliate. Lenovo may engage subcontractors to perform this
Agreement; provided that Lenovo shall be responsible for the performance of Services under this Agreement
by its subcontractors.
Page 286 of 404
Lenovo Customer Agreement
COE-00003-01 Lenovo Customer Agreement
04.2022
Lenovo Confidential
Attachment A - Page 11 of 11
22.7 Either Party may enter into similar agreements with others to develop, acquire, or provide competitive products
and services.
22.8 No Third Party beneficiaries are intended to this Agreement. To the fullest extent permitted by applicable law:
(i) no right or cause of action arises or is created, irrespective of whether in contract, tort, under the law or
otherwise, in favor of any Third Party under this Agreement or any transaction hereunder; and (ii) no Third
Party shall have any right to enforce any of the terms and conditions of this Agreement or of any agreement
associated with any transaction hereunder, except that Lenovo’s suppliers may avail themselves of Section
17 “Limitation of Liability” of this Attachment A “General Terms”.
22.9 Customer is responsible for selecting the Products and Services that meet its needs and for the results
obtained from the use of the Products and Services, including Customer’s decision to implement any
recommendation concerning Customer’s business practices and operations. Customer may not and shall not
rely on Lenovo for any of the foregoing.
22.10 Where approval, acceptance, consent or similar action by Customer is required under this Agreement, such
action will not be unreasonably delayed, conditioned or withheld.
22.11 The English versions of this Agreement and the Transaction Documents, regardless of whether a translation
in any other language is or shall be made, shall be the only authentic ones. Any translation of this Agreement
or a Transaction Document in another language prepared for any reason shall be a non-binding
accommodation of no legal effect, and the English version of this Agreement or a Transaction Document,
including any amendments thereto, shall govern.
22.12 Except as set forth in Section 3 of Attachment B “Pricing, Products, Service Descriptions and Contact Details”,
this Agreement may be amended solely by a writing signed by both Parties
23 Lenovo Resellers
Lenovo provides different ways to purchase Products and Services, depending on the region and/or choice of
Customer: “Direct” purchase means that the Product or Service is available for purchase directly from Lenovo
and subject to this Agreement; and “Indirect” purchase means that the Product or Service is available for
purchase from a Lenovo reseller. Indirect purchase of Products or Services from a reseller shall be subject to
such terms and conditions, as well as prices, as Customer and reseller may agree. Lenovo shall not be
responsible for: (i) the actions of any such reseller; (ii) any obligation that such reseller may have to Customer;
or (iii) any Third Party product or service that such reseller may supply to Customer.
[End of Attachment A]
Page 287 of 404
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04.2022
Lenovo Confidential
Attachment B - Page 1 of 2
ATTACHMENT B
Pricing, Products, Services Descriptions and Contact Details
1 Pricing, Products and Services
1.1 Customer is not committing to minimum purchase volumes or order quantities with Lenovo.
1.2 Lenovo makes Products and Services descriptions available to Customer for purchase through a “Customer
Product Catalog” or any other Transaction Document or via a website, as agreed by the Parties, at the then
current agreed Prices. Prices for additional Services will be agreed subsequently (except for warranty services
chargeable at Lenovo’s then-current rates) and set forth in a separate Transaction Document.
1.3 Prices do not include local taxes, Value Added Tax, Goods & Services Tax or tariffs.
1.4 Unless agreed otherwise, international freight, duties and insurance are included in the Prices, with the
exception of some countries which shall be communicated to Customer in advance. Transportation or delivery
charges, if applicable, will be specified in a Transaction Document.
2 Changes
2.1 Unless a specific period for the validity of Prices has been agreed in writing between the Parties in a
Transaction Document, Lenovo may change Prices, including labor rates, for Products and Services and other
financial terms under this Agreement by providing Customer at least one (1) month prior written notice, e.g.,
to reflect a price increase in raw materials or in Product components. However, no such change shall be
retroactive. Any such change shall be effective on the date specified in the notice. It shall only apply to new
orders, on-going transactions of indefinite duration, and transactions with a defined recurring period. For
transactions with a defined recurring period, Customer may request in writing that Lenovo delay the effective
date of the change to after the end of the current recurring period.
2.2 Unless otherwise agreed, Customer acknowledges its agreement to have all such changes apply for such
transactions: (i) by placing new orders for Products or Services after the effective date of the change; (ii) in
the absence of a request that the effective date of the change be delayed until the end of the recurring period;
(iii) by allowing transactions to recur or proceed after receipt of the change notice; or (iv) in the absence of
notice of termination of transactions of indefinite duration prior to the effective date of the change. Except as
provided above, in order for a change to be valid, it must be signed by both Parties.
2.3 The previous paragraph notwithstanding, if the cost on the international market of any Product component
rises so significantly that it would not be commercially viable for Lenovo to be obliged to continue to allow
Customer to buy the affected Products at the previously agreed Prices or discounts, Customer accepts that:
(i) upon having appropriately demonstrated such worldwide component cost increase, Lenovo may raise the
Price of (or lower the discounts for) its affected Products proportionally in order to compensate for such cost
increase; or (ii) if Customer refuses such price increase or discount reduction, Lenovo may temporarily refuse
to accept Customer’s orders for the affected Products until the overall cost of components has returned to
levels in line with those which applied when this Agreement was first signed.
3 Combination of Prices and Discounts
Prices or discounts may not be combined with any other discounts or promotions, unless approved by Lenovo.
4 Contact Details
Customer Lenovo
Attention: BUSINESS UNIT
Tel.: XXXX
Fax: XXXX
General E-mail address: XXXX
Attention: Lance Couch
Tel.: 281-712-2155
General E-mail address: lcouch@lenovo.com
Page 288 of 404
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COE-00003-01 Lenovo Customer Agreement
04.2022
Lenovo Confidential
Attachment B - Page 2 of 2
5 Product Catalog
The “Product Catalog” may be updated from time to time.
[End of Attachment B]
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Lenovo Customer Agreement
COE-00003-01 Lenovo Customer Agreement
04.2022
Lenovo Confidential
Attachment C - Page 1 of 3
ATTACHMENT C
Warranty Service Information (Personal Computers)
1 General
If a defect in material or workmanship is discovered in a Lenovo branded Hardware Product during the warranty
period, warranty Service may be obtained by contacting Lenovo or a Lenovo-approved Service provider
(“Service Provider”). Repair, correction and replacement in the manner described below shall constitute
fulfilment of all of Lenovo’s obligations under the Lenovo Limited Warranty. A list of Service Providers and their
telephone numbers is available through www.lenovo.com/support/phone.
Warranty service may not be available in all locations and may differ from location to location. Charges may
apply outside a Service Provider’s normal Service area. Contact a local Service Provider for information specific
to Customer’s location.
2 Customer Responsibilities for Warranty Service
Before warranty Service is provided, Customer must take the following steps:
• follow the Service request procedures specified by the Service Provider;
• backup or secure all programs and data contained in the Product;
• authorize the Service Provider to access the systems and system relevant data necessary to provide
warranty Services under this Agreement;
• provide the Service Provider with sufficient, free, and safe access to Customer facilities to perform Service;
• remove all data, including confidential information, proprietary information and personal information, from
the Hardware Product or, if Customer is unable to remove any such information, modify the information to
prevent its access by another party or so that it is not personal data under applicable law. The Service
Provider shall not be responsible for the unintentional loss or disclosure of any data, including confidential
information, proprietary information, or personal information, on a Hardware Product returned or accessed
for warranty service;
• remove all features, parts, options, alterations, and attachments not covered by the warranty;
• ensure that the Hardware Product or part is free of any legal restrictions that prevent its replacement;
• if Customer is not the owner of a Hardware Product or part, obtain authorization from the owner for the
Service Provider to provide warranty Service.
3 What the Service Provider Will Do to Correct Problems
When Customer contacts a Service Provider, Customer must follow the specified problem determination and
resolution procedures.
The Service Provider will attempt to diagnose and resolve the problem by telephone, e-mail or remote
assistance. The Service Provider may direct Customer to download and install designated software updates.
Some problems may be resolved with a replacement part to be installed by Customer called a “Customer
Replaceable Unit” (“CRU”). If so, the Service Provider will ship the CRU to Customer for installation.
If the problem cannot be resolved over the telephone; through the application of software updates or the
installation of a CRU, the Service Provider will arrange for service under the Type of Warranty Service
designated for the Hardware Product as specified in the table below.
If the Service Provider determines that it is unable to repair the Hardware Product, the Service Provider will
replace it with one that is at least functionally equivalent.
If the Service Provider determines that it is unable to either repair or replace the Hardware Product, Customer’s
sole remedy under this Limited Warranty is to return the Hardware Product to the place of purchase or to Lenovo
for a prorated refund of the purchase Price (unless the Customer is entitled to a complete refund under applicable
mandatory law).
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Lenovo Confidential
Attachment C - Page 2 of 3
4 Replacement Products and Parts
When warranty Service involves the replacement of a Hardware Product or part, the replaced Hardware Product
or part becomes Lenovo’s property and the replacement Hardware Product or part becomes Customer’s
property. Only unaltered Lenovo Hardware Products and parts are eligible for replacement. The replacement
Hardware Product or part provided by Lenovo may not be new, but it will be in good working order and at least
functionally equivalent to the original Hardware Product or part. The replacement Hardware Product or part shall
be warranted for the balance of the warranty period remaining on the original Hardware Product.
5 What this Warranty Does not Cover
This warranty does not cover the following:
• uninterrupted or error-free operation of a Hardware Product;
• loss of, or damage to, Customer data by a Hardware Product;
• any software programs, whether provided with the Hardware Product or installed subsequently;
• failure or damage resulting from misuse, abuse, accident, modification, unsuitable physical or operating
environment, natural disasters, power surges, improper maintenance, or use not in accordance with the
Hardware Product information materials;
• damage caused by a non-authorized Service provider;
• failure of, or damage caused by, any Third Party products, including those that Lenovo may provide or
integrate into the Lenovo Hardware Product at Customer’s request;
• any technical or other support, such as assistance with “how-to” questions and those regarding a Product
set-up and installation; and
• Hardware Products or parts with an altered identification label or from which the identification label has been
removed.
If required, the Service Provider will provide repair or exchange Service depending on the type of warranty
Service specified for the Hardware Product and the available service. Scheduling of Service will depend upon
the time of Customer’s call, parts availability, and other factors.
6 Types of Warranty Service
6.1 Customer Replaceable Unit (CRU) Service
Under “CRU Service”, a Service Provider will ship CRUs to Customer for installation by Customer. CRU
information and replacement instructions are shipped with the Hardware Product and are available from Lenovo
at any time upon request. CRUs that are easily installed by Customer are called “Self-Service CRUs”. “Optional-
Service CRUs” are CRUs that may require some technical skills and tools. Installation of Self-Service CRUs is
Customer’s responsibility. Customer may request that a Service Provider install Optional-Service CRUs under
one of the other types of warranty Service designated for the Hardware Product. An optional Service offering
may be available for purchase from a Service Provider or Lenovo under which Self-Service CRUs would be
installed for Customer. Customer may find a list of CRUs and their designation in the publication that ships with
the Hardware Product or at www.lenovo.com/CRUs. The requirement to return a defective CRU, if any, will be
specified in the materials shipped with a replacement CRU. When return is required: (1) return instructions, a
prepaid return shipping label, and a container will be included with the replacement CRU; and (2) Customer may
be charged for the replacement CRU if the Service Provider does not receive the defective CRU within thirty
(30) days of Customer’s receipt of the replacement CRU.
6.2 On-Site Service
Under “On-Site Service”, a Service Provider will, at its discretion, either repair or exchange the Hardware
Product at Customer’s location. Customer must provide a suitable working area to allow disassembly and
reassembly of the Hardware Product. Some repairs may need to be completed at a Service center. If so, the
Service Provider will send the Hardware Product to the Service center at its expense.
6.3 Courier or Depot Service
Under “Courier or Depot Service”, the Hardware Product will be repaired or exchanged at a designated Service
center, with shipping at the expense of the Service Provider. Customer is responsible for disconnecting the
Hardware Product and packing it in a shipping container provided to Customer for return of the Hardware Product
to a designated Service center. A courier will pick up the Hardware Product and deliver it to the designated
Service center. The Service center will return the Hardware Product to Customer at its expense.
Page 291 of 404
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COE-00003-01 Lenovo Customer Agreement
04.2022
Lenovo Confidential
Attachment C - Page 3 of 3
6.4 Customer Carry-In Service
Under “Customer Carry-In Service”, the Hardware Product will be repaired or exchanged after Customer
delivers it to a designated Service center at Customer’s risk and expense. After the Hardware Product has been
repaired or exchanged, it will be made available for collection by Customer. Failure to collect the Hardware
Product may result in the Service Provider disposing of the Hardware Product as it sees fit, with no liability to
Customer.
6.5 Mail-In Service
Under “Mail-In Service”, the Hardware Product will be repaired or exchanged at a designated Service center
after Customer delivers it at Customer’s risk and expense. After the Hardware Product has been repaired or
exchanged, it will be returned to Customer at Lenovo's risk and expense, unless the Service Provider specifies
otherwise.
6.6 Customer Two-Way Mail-In Service
Under “Customer Two-Way Mail-In Service”, the Hardware Product will be repaired or exchanged after
Customer delivers it to a designated Service center at Customer’s risk and expense. After the Hardware Product
has been repaired or exchanged, it will be made available to Customer for return shipping at Customer’s risk
and expense. If Customer fails to arrange return shipment, the Service Provider may dispose of the Product as
it sees fit, with no liability to Customer.
6.7 Product Exchange Service
Under “Product Exchange Service”, Lenovo will ship a replacement Hardware Product to Customer’s location.
Customer shall be responsible for its installation and verification of its operation. The replacement Hardware
Product becomes the property of Customer in exchange for the failed Hardware Product, which becomes the
property of Lenovo. Customer shall pack the failed Hardware Product in the shipping carton used to ship the
replacement Hardware Product and return it to Lenovo. Transportation charges, both ways, shall be at Lenovo’s
expense. If Customer fails to use the carton in which the replacement Hardware Product was received, Customer
may be responsible for any damage to the failed Hardware Product occurring during shipment. Customer may
be charged for the replacement Hardware Product if Lenovo does not receive the failed Hardware Product within
thirty (30) days of Customer’s receipt of the replacement Hardware Product.
[End of Attachment C]
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DATE:October 4, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Shelly Munson, Director of Innovation & Technology
Lilyan Villarreal, Deputy Director of Innovation & Technology
Tanya Trieu-Bui, Management Analyst I
SUBJECT:Consideration to Approve a Two-Year Agreement with iLand, Inc., in the
Amount of $84,840, for Cloud Backup Storage. (CITY)
RECOMMENDATION:
Staff recommends the City Council approve a two-year agreement with iLand, Inc. in the
amount of $84,840 for cloud data backup services, not to exceed $42,420 per year ending
in October 2025.
BACKGROUND:
The implementation of the Veeam backup platform allowed for the City to migrate from
data tape cartridges to direct backup into a cloud storage environment, automating the
data transfer process and eliminating the need and expense to store physical cartridges
off-site for safekeeping and recovery. Utilizing a cloud-based backup and recovery
system also allows for additional recovery scenarios, including the ability to restore critical
systems directly from virtual machines in the cloud environment should the need arise.
ANALYSIS:
iLand Inc. provides a secure hosting infrastructure to store the data that is backup by our
Veeam platform and allows for an additional layer of protection for our data by creating a
redundant copy that is stored offsite. iLand, Inc. is a platinum certified cloud storage
partner with Veeam, Inc., ensuring complete compatibility with our data backup system,
compliance with all applicable International Organization for Standardization (ISO) and
Systems and Organization Controls (SOC) standards relating to cloud data centers and
a proven track of customer service and partnership. iLand, Inc. offers no bandwidth costs
for the upload and download of data, no virtual machines fees, and provides the most
cost-effective pricing per gigabit for storage. Staff recommends awarding a single source
agreement to iLand, Inc. based on their references with Veeam, Inc. and unique features
offered as part of their services. Based on an analysis of the rate of growth of the City’s
data and the tiered pricing structure provided by iLand, staff recommends an approval
with iLand, Inc. not to exceed $42,420 per year over the two-year period.
Page 293 of 404
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FISCAL IMPACT:
The internet contract was included in the Fiscal Year 2023/24 Adopted Budget and
therefore no additional funds will be required.
Fiscal Year 2023/24 Adopted Budget:
DoIT General Fund 1001209-5300 Contract Services $42,420
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s Core Value of intentionally embracing and
anticipating our future.
ATTACHMENTS:
Attachment 1 – iLand, Inc. Cloud Backup Office 365 Backup Quote
Attachment 2 – iLand, Inc. Cloud Backup with Veeam Quote
Attachment 3 – iLand, Inc. Single Source Justification Form and Memo
Page 294 of 404
iland Internet Solutions Corporation
1235 North Loop West, Suite 800, Houston, TX, 77008, USA
Phone: (800) 697-7088
Email: sales@iland.com
Work Order
Customer:City of Rancho Cucamonga
Customer #:130843017
End Customer:City of Rancho Cucamonga
Date:August 31st, 2022
Work Order #:00064114-86802
Data Center:Sterling - USA
Contract Term:36 Month(s)
Payment Terms:Net 30
Invoice Frequency:Monthly
SALESPERSON EMAIL PHONE EXT
John Gilliam jgilliam@iland.com x
Secure Cloud Backup
Item Number Description Quantity Cost per Unit Monthly Cost
BCKP-O365-BUN iland Secure Cloud Backup for Office 365 Bundle 1 USD 0.00000 USD 0.00
BCKP-O365-R-U iland Secure Cloud Backup for Office 365 with Veeam
(per licensed user)
600 USD 1.94400 USD 1,166.40
BCKP-O365-B-U iland Secure Cloud Backup for Office 365 with Veeam
(burst rate per exceeding user above reserved licenses)
0 USD 2.92500 USD 0.00
TOTAL USD 1,166.40
Total Monthly Recurring Charges: USD 1,166.40
Total Non-Recurring Charges: USD 0.00
Page 1 of 3
ATTACHMENT 1
Page 295 of 404
Terms & Conditions
This iland Work Order (this "Order") is entered into on the date set out above by and between the Provider and the Customer (each as
identified below). This Order is subject to the terms, conditions, and agreements set out in the Service Agreement (the "Agreement")
located here: https://iland.com/legal/master-service-agreement2b4f/.
By signing this Order, by consenting to the terms of an Order in writing or by utilizing the services provided to it by the Provider, the
Customer agrees to be bound by the terms of the Agreement and this Order.
The Provider shall provide the resources described above in each case to the Customer, and the Customer shall compensate the
Provider at the rates set out above, in each case subject to the terms and conditions set out in the Agreement until this Order is
terminated in accordance with the Agreement.
If the Customer is migrating services from one iland environment to another iland environment as part of this work order, billing will
begin on the new environment once the Provider confirms the Cloud Resources have been handed off to the Customer. Billing will
end on the old environment once the Provider confirms the Cloud Resources have been handed off. The Customer will have a 30 day
window to ensure all resources are fully migrated and removed without charge. After 30 days if the resources within the old environment
remain active, billing for those resources will recommence outside other stipulations highlighted within this work order.
By signing this Order the undersigned agrees that it has the authority to bind the Customer to the terms and conditions set out in this
Order and the Agreement and that the Customer agrees to be bound by such terms.
Page 2 of 3
Page 296 of 404
CUSTOMER:City of Rancho Cucamonga
10500 Civic Center Drive
Ranch Cucamonga California
91730
USA
Customer Reference ID:
(Customer's Internal Tracking)
\customerid1\
Customer PO#:
Promo Code:
Name (Print):
\n1\
Title:
\contactjobtitle1\
Signature:
\s1\
Date Signed:
\d1\
THANK YOU FOR YOUR BUSINESS!
Page 3 of 3
Page 297 of 404
Provider: 11:11 Systems, Inc.
1235 North Loop West, Suite 800, Houston, TX, 77008, USA
Phone: (800) 697-7088
Email: sales@1111systems.com
Quotation
Customer:City of Rancho Cucamonga
Quote #:Q-106490--1
Date:September 7th, 2023
Data Center:Dallas - USA
Product Interest:BaaS Secure Cloud Backup
Contract Term:25 Month(s)
Payment Term:Net 30
Invoice Frequency:Quarterly
SALESPERSON EMAIL PHONE EXT
Danial Ahmed dahmed@1111systems.com x
Secure Cloud Backup
Item Number Description Quantity Cost per Unit Monthly Cost
ECS-R-S-VCC iland Secure Cloud Backup with Veeam Cloud Connect
(Per GB protected)
100,000.00 USD 0.02160 USD 2,160.00
TOTAL USD 2,160.00
Total Monthly Recurring Charges: USD 2,160.00
Total Non-Recurring Charges: USD 0.00
Terms & Conditions
The information in this document is believed to be accurate and valid for 30 days. However, the provider identified above assumes no
responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages
resulting from any such error or omission. The provider is not responsible for pricing or other errors and reserves the right to cancel orders
arising from such errors. The provider may make changes to this proposal, including changes or updates to the products and services described,
including pricing, without notice or obligation. This proposal is not intended to create a contractual relationship unless expressly agreed otherwise
in writing signed by the parties. All information supplied in this proposal is to be considered confidential information belonging to the Provider.
Page 1 of 2
ATTACHMENT 2
Page 298 of 404
11:11 Systems Inc. is the Provider under this Work Order and assumed responsibility
for providing the Services under the Agreement with the Customer following
its acquisition of iland Internet Solutions Corporation on January 20, 2022.
THANK YOU FOR YOUR BUSINESS!
Page 2 of 2
Page 299 of 404
ATTACHMENT 3
Page 300 of 404
Page 301 of 404
Page 302 of 404
DATE:October 4, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Trina Valdez, Utilities Operations Supervisor
SUBJECT:Consideration of an Appropriation in the Amount of $203,100 and
Approval to Purchase Transformers From Anixter Power Solutions in the
Amount of $203,100. (CITY)
RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the appropriation in the amount of $203,100 from the Municipal Utility Fund
(Fund 705) for the purchase; and
2. Approve and authorize staff to purchase four (4) transformers from Anixter Power
Solutions in the amount of $203,100.
BACKGROUND:
Transformers are important and critical pieces of equipment that make up the
Rancho Cucamonga Municipal Utility’s (RCMU) power distribution infrastructure. RCMU currently
owns and maintains over 150 Howard Industries transformers. As RCMU’s service area expands
and additional equipment is placed in the field, having the appropriate equipment available to
provide reliable electric load is important.
ANALYSIS:
The purchase of the equipment is needed to ensure that the following new developments have
the necessary power equipment available and are utilizing RCMU’s current standards for new
transformers.
1. Harvest at Terra Vista – Located on Milliken Avenue, the third phase of the project
requires three (3) transformers.
2. Future development on the northwest corner of Milliken Avenue and Jersey Boulevard,
the project requires one (1) transformer.
A quote was obtained from Anixter Power Solutions which is the local Southern California
distributor of Howard Industries and General Electric (GE) power transformer products and staff
determined the quote to be deemed as reasonable.
FISCAL IMPACT:
An appropriation in the amount of $203,100 from Municipal Utility Fund (Fund 705) to account
number 1705303-5603 (Capital Outlay – Equipment) is required to fully fund the purchase. The
cost of the transformer equipment will be reimbursed to RCMU by the developers of the projects.
Page 303 of 404
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COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the construction and
maintenance of high-quality public improvements that promote a world class community.
ATTACHMENTS:
None.
Page 304 of 404
DATE:October 4, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Matt Burris, Acting Public Works Services Director/ Deputy City Manager
Neil Plummer, Public Works Services Deputy Director
Andrea Bauer, Management Analyst I
SUBJECT:Consideration of a Contract with San Marino Roof Co. for the Emergency
Roof Replacement at the Chaffey-Garcia House and the Appropriation of
Funds in an Amount Not to Exceed $114,400. (CITY)
RECOMMENDATION:
Staff recommends the City Council:
1. Declare an emergency exists with the potential damage to the structure of the Chaffey-Garcia
house from roof leaks due to the existing deteriorating roof system.
2. Award and authorize the execution of a contract with San Marino Roof Co. for the roof
replacement at the Chaffey-Garcia House.
3. Authorize the expenditure of $104,000 plus a 10% contingency of $10,400 for a total
project cost of $114,400.
4. Appropriate $114,400 from Capital Reserve fund balance to account 1025001-5602.
BACKGROUND:
The City of Rancho Cucamonga leases the property at the Chaffey-Garcia house to the Etiwanda
Historic Society. The City acquired this property for the purpose of preserving the designated
historic landmark for the benefit of present and future residents of the City of Rancho Cucamonga.
It was brought to the City’s attention that the Chaffey-Garcia house’s roof is in need of
replacement. It is estimated to be more than 30 years old and has exhausted its lifespan. The
existing roof made of wood shingle roofing material has begun to deteriorate. A recent inspection
found a leak located 10 feet west of the chimney on the south elevation that has penetrated the
drywall in the south bedroom area. As a result of the compromised existing roofing system, the
upcoming rainy season can cause substantial damage to the roof framing as well as the interior
of the dwelling if not repaired.
ANALYSIS:
Public Works Services Department contacted the City’s roofing contractor, San Marino Roof Co.,
for a proposal on replacing the existing wood shingle roof. It was determined the cost to replace
the roof will be $104,000. The project will consist of the demolition of the existing wood shingle
roof and the installation of a newly treated wood shingle roof to closely resemble the existing roof
in order to maintain the historic integrity of the structure.
The City will receive funding of $75,522 sourced from the County of San Bernardino granted to
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the Etiwanda Historic Society to go towards the roof replacement. Subsequently, the City will
supplement the cost of the project with $38,878 from Capital Reserve.
If approved a copy of the contract with San Marino Roof Co. will be on file in the City Clerk’s
Office.
FISCAL IMPACT:
The roof replacement project at the Chaffey-Garcia House was not included in the FY 2023/2024
budget. Therefore, an appropriation in the amount of $114,400 is needed from Capital Reserve
fund balance to account 1025001-5602 (Capital Reserve). The City will work with the Etiwanda
Historic Society to receive a reimbursement of $75,522 from the San Bernardino County grant
funding.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s core value of promoting and enhancing a safe and healthy
community for all by ensuring facilities are properly secured and maintained.
ATTACHMENTS:
None.
Page 306 of 404
DATE:October 4, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Noah Daniels, Finance Director
Kelly Guerra, Special Districts Analyst
SUBJECT:Consideration to Approve and Adopt Resolutions Certifying the Results of
Elections and Adding Annexation No's. 2023-7, and 2023-8 to Community
Facilities District No. 2022-01 (Street Lighting Services) of the City of
Rancho Cucamonga. (RESOLUTION NOS. 2023-107 AND 2023-108)
(CITY)
RECOMMENDATION:
Staff recommends the City Council approve and adopt the Resolutions Certifying the Results of
Elections and Adding Annexations No. 2023-7, and 2023-8 to Community Facilities District No.
2022-01.
BACKGROUND:
The City Council approved Resolution No. 2022-063 (the “Resolution Authorizing Future
Annexation”) authorizing the future annexation of territory to Community Facilities District No.
2022-01 (Street Lighting Services) (the “CFD 2022-01”) to provide maintenance and services to
streetlights, traffic signals, and appurtenant facilities for new development.
The City conditions property owners to annex such properties into the existing CFD 2022-01 to
fund street light service and maintenance. In August 2023, the Property Owners signed an
Annexation Proceeding Deposit Agreement to initiate the annexation process.
ANALYSIS:
In September 2023, the Property Owners submitted their Consent and Waivers and their Official
Ballots, one for each annexation, to the City Clerk’s Office Election Official. The Election Official
has canvassed the ballots and completed the statement of votes cast (See Exhibit “A” of their
respective Resolution). The Property Owners cast their vote unanimously in favor of the special
tax levy for CFD 2022-01.
Adoption of the Resolutions constitutes the City Council’s formal action certifying the election
results and adding the Annexation Territories to CFD 2022-01 and directs the recordation of an
amendment to the existing Notice of Special Tax Lien. By recordation of this amendment,
prospective purchasers of the property within the Annexation Territories will have notice of the
special tax obligation affecting such properties.
A map showing the property is included in their respective Resolution.
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FISCAL IMPACT:
CFD 2022-01 was formed to be financially self-sufficient, meaning the revenues generated by the
District offset the costs of providing services and can be adjusted annually based on changes in
the overall operating costs of streetlights.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s goal to ensure the fiscal sustainability of the City’s special
districts. This item also supports the City Council’s core values of intentionally embracing and
anticipating the future.
ATTACHMENTS:
Attachment 1 – Resolution Certifying the Results of an Election and Adding Annexation 2023-7
Attachment 2 – Resolution Certifying the Results of an Election and Adding Annexation 2023-8
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Page 1 of 3
ATTACHMENT 1
RESOLUTION NO. 2023-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE
RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION NO. 2023-7.
WHEREAS, the City Council of the City of Rancho Cucamonga, California (the
“City Council”) has previously formed Community Facilities District No. 2022-01 (Street
Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to
the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose
of financing certain municipal maintenance services; and
WHEREAS, acting pursuant to the Act, the City Council also authorized by the
adoption of Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”)
the annexation in the future of territory to CFD No. 2022-01, such territory designated as
Future Annexation Area, Community Facilities District No. 2022-01 (the “Future
Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain
territory located within the Future Annexation Area to CFD No. 2022-01 has been
received from the property owner of such territory, and such territory has been designated
as ANNEXATION NO. 2023-7 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the
Territory for each of the ninety (90) days preceding the election date established for the
Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the
"landowner," as such term is defined in Government Code Section 53317(f), of such
Territory and such landowner who is the owner of record as of the applicable election
date, or the authorized representative thereof, shall have one vote for each acre or portion
of an acre of the parcel of land that landowner owns within such Territory; and
WHEREAS, the time limit specified by the Act for conducting an election to submit
the levy of the special taxes on the Territory to the qualified elector thereof and the
requirements for impartial analysis and ballot arguments have been waived with the
unanimous consent of the qualified elector of the Territory; and
WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot
to be distributed to the qualified elector of the Territory, has received and canvassed such
ballot and made a report to the City Council regarding the results of such canvass, a copy
of which is attached as Exhibit “A” hereto and incorporated herein by this reference; and
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Page 2 of 3
ATTACHMENT 1
WHEREAS, at this time the measure voted upon and such measure did receive
the favorable vote of the qualified elector of the Territory, and the City Council desires to
declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No.
2023-7 (the "Annexation Map"), a copy of which is attached as Exhibit “B” hereto and
incorporated herein by this reference, has been submitted to this legislative body.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Rancho Cucamonga, California, acting as the legislative body of Community Facilities
District No. 2022-01, as follows:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Findings. This legislative body does hereby further determine as
follows:
A. The unanimous consent as described in the recitals hereto to the
annexation of the Territory to CFD No. 2022-01 has been given by the owner of the
Territory and such consent shall be kept on file in the Office of the City Clerk of the City
of Rancho Cucamonga.
B. Less than twelve (12) registered voters have resided within the Territory for
each of the ninety (90) days preceding the election date established for the each of the
parcels located within the Territory, therefore, pursuant to the Act the qualified elector for
the Territory shall be the "landowner" of the Territory as such term is defined in
Government Code Section 53317(f).
C. The qualified elector of the Territory has voted in favor of the levy of special
taxes on the Territory upon its annexation to CFD No. 2022-01.
Section 3. Territory. The boundaries and parcels of property within the
Territory and on which special taxes will be levied in order to pay for the costs and
expenses of authorized municipal maintenance services are shown on the Annexation
Map as submitted to and hereby approved by this legislative body.
Section 4. Declaration of Annexation. This legislative body does hereby
determine and declare that the Territory, and each parcel therein, is now added to and
becomes a part of CFD No. 2022-01. The City Council, acting as the legislative body of
CFD No. 2022-01, is hereby empowered to levy the authorized special tax within the
Territory.
Section 5. Notice. Immediately upon adoption of this Resolution, notice shall
be given as follows:
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Page 3 of 3
ATTACHMENT 1
A. A copy of the Annexation Map as approved shall be filed in the Office of the
County Recorder no later than fifteen (15) days after the date of adoption of this
Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation)
shall be recorded in the Office of the County Recorder no later than fifteen (15) days after
the date of adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon its
adoption.
PASSED, APPROVED, AND ADOPTED this ________ day of ______________ 2023.
Page 311 of 404
A - 1
ATTACHMENT 1
EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
Page 312 of 404
B - 1
ATTACHMENT 1
EXHIBIT “B”
ANNEXATION MAP
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Page 1 of 3
ATTACHMENT 2
RESOLUTION NO. 2023-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE
RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION NO. 2023-8.
WHEREAS, the City Council of the City of Rancho Cucamonga, California (the
“City Council”) has previously formed Community Facilities District No. 2022-01 (Street
Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to
the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose
of financing certain municipal maintenance services; and
WHEREAS, acting pursuant to the Act, the City Council also authorized by the
adoption of Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”)
the annexation in the future of territory to CFD No. 2022-01, such territory designated as
Future Annexation Area, Community Facilities District No. 2022-01 (the “Future
Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain
territory located within the Future Annexation Area to CFD No. 2022-01 has been
received from the property owner of such territory, and such territory has been designated
as ANNEXATION NO. 2023-8 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the
Territory for each of the ninety (90) days preceding the election date established for the
Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the
"landowner," as such term is defined in Government Code Section 53317(f), of such
Territory and such landowner who is the owner of record as of the applicable election
date, or the authorized representative thereof, shall have one vote for each acre or portion
of an acre of the parcel of land that landowner owns within such Territory; and
WHEREAS, the time limit specified by the Act for conducting an election to submit
the levy of the special taxes on the Territory to the qualified elector thereof and the
requirements for impartial analysis and ballot arguments have been waived with the
unanimous consent of the qualified elector of the Territory; and
WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot
to be distributed to the qualified elector of the Territory, has received and canvassed such
ballot and made a report to the City Council regarding the results of such canvass, a copy
of which is attached as Exhibit “A” hereto and incorporated herein by this reference; and
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ATTACHMENT 2
WHEREAS, at this time the measure voted upon and such measure did receive
the favorable vote of the qualified elector of the Territory, and the City Council desires to
declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No.
2023-8 (the "Annexation Map"), a copy of which is attached as Exhibit “B” hereto and
incorporated herein by this reference, has been submitted to this legislative body.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Rancho Cucamonga, California, acting as the legislative body of Community Facilities
District No. 2022-01, as follows:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Findings. This legislative body does hereby further determine as
follows:
A. The unanimous consent as described in the recitals hereto to the
annexation of the Territory to CFD No. 2022-01 has been given by the owner of the
Territory and such consent shall be kept on file in the Office of the City Clerk of the City
of Rancho Cucamonga.
B. Less than twelve (12) registered voters have resided within the Territory for
each of the ninety (90) days preceding the election date established for the each of the
parcels located within the Territory, therefore, pursuant to the Act the qualified elector for
the Territory shall be the "landowner" of the Territory as such term is defined in
Government Code Section 53317(f).
C. The qualified elector of the Territory has voted in favor of the levy of special
taxes on the Territory upon its annexation to CFD No. 2022-01.
Section 3. Territory. The boundaries and parcels of property within the
Territory and on which special taxes will be levied in order to pay for the costs and
expenses of authorized municipal maintenance services are shown on the Annexation
Map as submitted to and hereby approved by this legislative body.
Section 4. Declaration of Annexation. This legislative body does hereby
determine and declare that the Territory, and each parcel therein, is now added to and
becomes a part of CFD No. 2022-01. The City Council, acting as the legislative body of
CFD No. 2022-01, is hereby empowered to levy the authorized special tax within the
Territory.
Section 5. Notice. Immediately upon adoption of this Resolution, notice shall
be given as follows:
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Page 3 of 3
ATTACHMENT 2
A. A copy of the Annexation Map as approved shall be filed in the Office of the
County Recorder no later than fifteen (15) days after the date of adoption of this
Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation)
shall be recorded in the Office of the County Recorder no later than fifteen (15) days after
the date of adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon its
adoption.
PASSED, APPROVED, AND ADOPTED this ________ day of ______________ 2023.
Page 316 of 404
A - 1
ATTACHMENT 2
EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
Page 317 of 404
B - 1
ATTACHMENT 2
EXHIBIT “B”
ANNEXATION MAP
Page 318 of 404
DATE:October 4, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Matt Burris, Deputy City Manager, Community & Economic Development
Matt Marquez, Director of Planning & Economic Development
SUBJECT:Consideration of a Resolution Adopting The City of Rancho Cucamonga
Economic Development Strategy. This Item is Exempt from the California
Environmental Quality Act Under CEQA Section 15061(b)(3).
(RESOLUTION NO. 2023-106) (CITY)
RECOMMENDATION:
Staff recommends the City Council approve the attached resolution adopting the City of Rancho
Cucamonga Economic Development Strategy.
BACKGROUND:
In the last decade, the Inland Empire has experienced remarkable growth, with increases in
population, employment opportunities, and investment in manufacturing, logistics, and other
industries. The region is strategically located between major metro areas and connected to the
rest of the country and the world by several highways, railways, Ontario International Airport and
the nearby Ports of Los Angeles and Long Beach. Rancho Cucamonga is well-positioned to
further leverage the advantages of the region via its skilled workforce, high-quality-built
environment, and expanding economy. The City of Rancho Cucamonga Economic Development
Strategy (EDS) is a five-year work plan that will guide and support the City in establishing and
sustaining Rancho Cucamonga as the cultural and economic hub of the Inland Empire.
The last strategic plan developed for the City’s Economic Development efforts was in 2015. The
updated EDS builds on Plan RC, the City’s General Plan, that was adopted in late 2021. The
General Plan lays out a series of strategies to chart a path towards building a 21st century world-
class community that is grounded in the foundational core values of health, equity, and
stewardship. The EDS is intended to fortify linkages with Plan RC and its Big Ideas, to emphasize
that economic development activities are shared across all departments in the City. The goals
and strategies identified have been designed to address specific economic development
objectives, such as growing the local economy and ensuring community vitality so that the City
can continue to provide high-quality public services and amenities.
This staff report will provide a general outline of the EDS and its key features. The full version
of the EDS is attached to this staff report for your reading and reference.
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ANALYSIS:
The EDS was designed to serve as a guide for the City over the next five years. It is meant to be
a fluid strategy and will be reviewed annually to determine if there is a change in priorities or if
resources need to be shifted.
The EDS was informed by a review of regional, state, and global trends, as well as an analysis of
the City’s demographic, economic, and market conditions. Although the nature and extent of
future market conditions is unknown, the EDS provides foundational approaches to economic
development in Rancho Cucamonga that will serve the City during the life of the document.
Sections of the EDS describe the strengths, challenges, and opportunities to grow the City’s
economy; target industries to expand in the City; and the goals, strategies, and actions of the
EDS. The final section of the document includes a five-year implementation plan that organizes
tasks according to a timeline, assigns the City department that will lead the activity, and identifies
potential partner departments, agencies, or organizations.
Strengths, Opportunities, Challenges
This section of the EDS identifies the City’s strengths, challenges, and opportunities to strengthen
the City’s economy.
Strengths:
1. High-quality transportation access. Rancho Cucamonga is located next to major
highways, rail transit, and air transport options.
2. Located near major population and employment centers. The City of Rancho
Cucamonga is an hour’s drive from Central Los Angeles and Orange County, and an hour
and a half from San Diego.
3. Proximity to complementary manufacturing businesses and skilled talent in the
local region. San Bernardino County has a concentration of workers with specialized
talents and a one-of-a-kind training facility, the InTech Center, located in the neighboring
City of Fontana.
4. Well-educated residents. In addition to workers with specialized, manufacturing-related
skills, companies in Rancho Cucamonga have access to highly educated workers.
5. High resident incomes. Incomes in Rancho Cucamonga are high compared to the
region. The median income in Rancho Cucamonga is approximately $95,000, compared
to approximately $70,300 for San Bernardino County.
6. Access to education opportunities that complement key industries in Rancho
Cucamonga. Rancho Cucamonga is home to Chaffey College and a satellite campus of
the University of Redlands. Companies in Rancho Cucamonga can also draw talent from
other nearby higher education institutions.
7. Quality amenities and built environment. The City has a high-quality built environment.
The City’s roads are well maintained and are well landscaped on major corridors.
8. Quality master planned neighborhoods. Rancho Cucamonga has several
comprehensively designed communities that feature quality housing stock and amenities.
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9. Attractive and productive weather. The warm climate and mild winters in Rancho
Cucamonga are attractive to residents but also benefit manufacturers due to the relatively
few weather-related closure days for companies.
10. Affordable real estate. Land costs in Rancho Cucamonga are relatively affordable
compared to the Los Angeles Metro region and coastal communities in Southern
California. Low land costs are attractive to companies for reducing costs.
11. Strong performing commercial real estate. Rancho Cucamonga’s commercial land
uses are performing better than in the County overall. The City’s office, retail, and industrial
rents are higher than the County’s, and vacancies are on par or lower than in the County.
Challenges:
1. Lack of downtown/city core identity. The City currently lacks a strong identity for its
downtown. The City’s General Plan explores “the potential of the area around Victoria
Gardens and the Epicenter to become the ‘real downtown’ of Rancho Cucamonga.”
2. Potential retail spending leakage. According to data from the California Department of
Tax and Fee Administration, Rancho Cucamonga lags behind San Bernardino County on
taxable sales per household for certain retail categories such as clothing apparel, health
and personal care stores, and other miscellaneous retail.
3. Shifting trend in retail due to online shopping. Rancho Cucamonga’s local retail
market is influenced by larger-scale national trends. Over the last decade, retail markets
have been shifting and reorganizing in large part due to the growth of e-commerce.
4. Lack of population densities to attract higher-end retailers. Rancho Cucamonga is a
strong fit for many retailers due in part to the City’s high incomes. However, certain
retailers are partial to areas with higher concentrated population densities.
5. Mismatch between resident worker talent and city employment opportunities.
Rancho Cucamonga has a skilled workforce, most of which commute outside the city for
work. An estimated 85 percent of resident workers commute to nearby communities or
Downtown Los Angeles, San Bernardino, or Orange County (PlanRC Existing Conditions
Report, 2020).
6. Diminishing supply of vacant land. Beginning in the 1990s and continuing through the
2010s, Rancho Cucamonga experienced strong demand for new development on vacant
or sparsely utilized sites. The availability of large tracts of land spurred the development
of master planned residential communities, which characterized much of the community’s
growth. This has led to diminishing opportunities for new large-scale projects.
7. Pressure for less employment-dense uses like logistics. The logistics boom in the
Inland Empire also created demand for warehouse and distribution space in Rancho
Cucamonga. While this type of investment may be attractive to individual landowners, it
generates less employment and synergy with other businesses compared to other
industrial activities.
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8. Older parts of the city have limited access to amenities. Rancho Cucamonga has
experienced uneven development and investment across the city. Older neighborhoods,
including those in the south and southeast portions of the city, have seen less recent
investment in amenities by the private sector.
Opportunities:
1. Leverage transportation infrastructure projects to build a thriving HART District.
The City’s General Plan envisions the HART District as an intense, mixed-use area.
Within the District, Cucamonga Station is positioned to be a major transit hub connecting
regional and high-speed rail lines.
2. Attract high-wage and high-skill jobs that match City resident population. Many
Rancho Cucamonga residents commute outside the city for work. As Rancho
Cucamonga grows as an employment center, the City may be able to retain more
residents to work at companies in the City.
3. Complimenting entertainment and hospitality options in Ontario along Fourth
Street and I-10. At the northern border of the City of Ontario, there is a cluster of
entertainment facilities including the Ontario Mills Mall, the Toyota Arena, Dave &
Buster’s, and Topgolf. Additionally, there are several hotels concentrated along the I-10
and adjacent to the Ontario International Airport.
4. Expand entertainment options unique to Rancho Cucamonga. The City’s General
Plan stresses the desire of the community for “more fun places to go, more things to do,
and more ways to get there.” Residents and visitors want places to congregate, gather,
and socialize in lively centers, shopping areas, and arts, culture, and entertainment
venues.
5. Build a vibrant downtown. Through the City’s community engagement process for the
City’s recently updated General Plan, the community expressed a desire for creating
vibrant activity nodes and a “real downtown.”
6. Capture more resident retail spending. Rancho Cucamonga is currently a regional
retail destination, but residents may be traveling outside the city for certain purchases.
7. Leverage and grow international food manufacturing. Rancho Cucamonga’s
specialization in food manufacturing and access to the Ports of Los Angeles and Long
Beach and ONT could position the city to attract additional international food
manufacturing companies. Two of Rancho Cucamonga’s largest food manufacturing
firms, Mizkan America and Nongshim USA are international companies based in Asia.
The City is also home to a Mission Foods facility, a subsidiary of Mexico-based, global
food company, Gruma.
8. Leverage and grow the aerospace industry. Southern California has a large
concentration of aerospace businesses, which is particularly concentrated in Orange
County and Los Angeles County. San Bernardino County also has a fast-growing
aerospace sector with nearly 300 aerospace-related manufacturers and several
aerospace international companies based in Korea, China, Japan, Britain, France, and
Switzerland.
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9. Attract businesses in emerging green technology sectors such as electric vehicle-
related manufacturing. California is striving toward increasing the number of electric
vehicles in the State. Its push toward electric vehicles will likely spur significant growth in
this sector. Rancho Cucamonga is well positioned to leverage its location and
concentrated advanced manufacturing sector. Water supply technology is another
emerging sector that Rancho Cucamonga could leverage. Water security has been a
growing concern in California for decades. The development and manufacturing of water
supply technologies is an emerging sector with immediate relevance in Southern
California. Rancho Cucamonga is already home to a leading company developing
technology equipment for water treatment plants, Biwater, an international company
based in the UK that moved operations from Los Angeles County to Rancho Cucamonga
because of proximity to their vendors and to industries that support their operations.
10. Grow an expanding healthcare sector. Health care and social assistance currently
account for a significant portion of the City’s employment at approximately 10 percent of
the City’s total jobs. While the concentration of health care and social assistance jobs is
somewhat lower compared to San Bernardino County and the overall State of California,
the sector is growing faster in Rancho Cucamonga than in the County or the State.
11. Leverage strong sector in local and regional household serving office-based
industries. The City’s concentrated professional services industry contains many offices
that provide legal, tax, and design services to the local and regional community. Many of
these types of services require a physical presence to serve customers and are more likely
to be resilient to shifts to online platforms and telecommuting. Rancho Cucamonga is well-
positioned to grow as a hub for these types of office-based services based on the presence
of high quality attainably priced residential options.
12. Expand professional and technical services that complement the City’s
manufacturing sectors. Professional service companies with offices in Rancho
Cucamonga such as CDM Smith and Atlas Testing Laboratories complement the
advanced manufacturing sector in the City. Rancho Cucamonga could attract more
companies that offer engineering, marketing, and other complementary services to the
City’s manufacturing businesses.
Target Industries
The City is committed to attracting and retaining high quality jobs to grow and diversify Rancho
Cucamonga’s economy and to reduce residents commuting outside the City. This is best
accomplished by targeting industries that have a unique advantage to growing. These target
industries were identified based on their employment size, growth, and concentration in the City
and on the size and performance of the sectors in the larger region. The target industries are
sectors that are not only strong in Rancho Cucamonga but are also strong industries in the Inland
Empire that the City can leverage and build on. The EDS provides a special focus on growing and
supporting the target industries sectors. Tailored strategies are included to leverage the City’s
unique strengths in these industries.
Target industries that are well-positioned to grow and diversify Rancho Cucamonga’s economy
include:
1. Advanced Manufacturing - manufacturing activity involving innovative technologies and
requiring skilled workers with technical knowledge and training. Advanced manufacturers
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span industries that include the production of aerospace equipment, medical devices, and
computer components.
2. Medical Manufacturing - involves the production of medical equipment and medicine.
3. Food and Beverage Manufacturing - food and beverage manufacturing is a unique
segment of Rancho Cucamonga’s manufacturing sector that contains about 1,400 jobs
and is concentrated in the City relative to San Bernardino County, which itself contains a
large amount of activity in the sector.
4. Finance, Insurance and Real Estate - Rancho Cucamonga has a high concentration of
the region’s finance, insurance, and real estate industry (sometimes referred to as FIRE
industries) employment. There are approximately 5,800 FIRE jobs in the City that account
for 9.4 percent of total employment.
5. Professional and Medical Services - Professional service firms range from engineering
and design companies to legal and accounting firms. Rancho Cucamonga has
approximately 2,700 professional service jobs, which accounts for five percent of total
employment.
Goals and Strategies
The ultimate goal of the EDS is to help establish Rancho Cucamonga as the cultural and
economic hub of the Inland Empire. To accomplish this, the EDS establishes four guiding goals,
which include the following:
1. Grow and Diversify the City’s Economy
2. Enhance the Quality of Life
3. Expand Retail, Entertainment, and Hospitality
4. Foster Growth of Local Businesses and Workforce
These goals organize the EDS’s strategies, which provide more specific guidance to the City
through a series of actions. A summary is shown below and additional details on related action
items and the strategy’s implementation plan can be found in the EDS document.
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Planning Commission Review
The Planning Commission reviewed the EDS at their meeting of August 23, 2023. They were
asked to provide feedback and comments to staff, prior to the City Council’s review of the
document. During their discussion, Commissioners discussed the City’s existing cultural
landmarks and museums, and how they should be featured as assets in staff’s business attraction
efforts. There were comments made related to the office market and an inquiry on its
performance, as well as an inquiry on the state of brick-and-mortar locations due to the rise of E-
commerce. Commissioners discussed strengthening the City’s partnerships with educational
institutions and their appreciation for the EDS including manufacturing that addresses
environmental sustainability such as electric vehicles. Furthermore, there was a suggestion to
include in the EDS, information related to the City’s strong and effective public safety program.
Commissioners felt staff should include this in their business attraction efforts if it is not already
being done.
Workforce development was also an item the Commission discussed during their review of the
EDS. Commissioners believe it is necessary to ensure local businesses have the skilled
workforce they need to succeed and therefore it important to work with members of the community
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to ensure they have the skills necessary to fit the needs of the business community. The
significance of culture and history was noted by a Commissioner, and the stories associated with
the City’s history should remain a key component of business attraction efforts. Lastly, the
Commission made it a point to discuss the importance of business retention and expansion
efforts, as existing businesses need to be afforded every opportunity to continue to grow their
operations.
At the end of their discussion, the Commission felt it was appropriate that the EDS move forward
for City Council review. Staff’s commitment to annually review the EDS and report on the status
of its implementation is something Commissioners appreciated and will be looking forward to in
the future.
FISCAL IMPACT:
None
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s Core Values of “Intentionally embracing and anticipating
the future”, and “Equitable prosperity for all” by ensuring that Rancho Cucamonga’s vibrant
economy ensures prosperity and opportunities now and in the future.
ATTACHMENTS:
Attachment 1 - Resolution No. 2023-106
Attachment 2 - City of Rancho Cucamonga Economic Development Strategy
Attachment 3 - City of Rancho Cucamonga Economic Development Strategy – Background
Report
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Resolution No. 2023-XXX - Page 1 of 1
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING THE CITY OF RANCHO
CUCAMONGA ECONOMIC DEVELOPMENT STRATEGY
WHEREAS, the City’s last Economic Development Strategic Plan was adopted in 2015; and
WHEREAS, in 2021, the City of Rancho Cucamonga adopted an updated General Plan known as
Plan RC; and
WHEREAS, during the development of Plan RC, it was determined that the City would create a
separate Economic Development Strategy after Plan RC was completed and adopted; and
WHEREAS, in the last decade, the Inland Empire has experienced remarkable growth, with
increases in population, employment opportunities, and investment in manufacturing, logistics, and other
industries; and
WHEREAS, Rancho Cucamonga is well-positioned to further leverage the advantages of the
region via its skilled workforce, high-quality-built environment, and expanding economy; and
WHEREAS, Plan RC lays out a series of strategies to chart a path towards building a 21st
century world-class community that is grounded in the foundational core values of health, equity, and
stewardship; and
WHEREAS, the Economic Development Strategy is intended to fortify linkages with Plan RC and
its Big Ideas; and
WHEREAS, the goals and strategies identified in the Economic Development Strategy have been
designed to address specific economic development objectives, such as growing the local economy and
ensuring community vitality so that the City can continue to provide high-quality public services and
amenities; and
WHEREAS, on August 23, 2023, the Planning Commission reviewed the Economic Development
Strategy and provided comments and feedback to staff.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA HEREBY RESOLVES AS FOLLOWS:
Section 1.The above recitals are true and correct and are a substantive part of this Resolution.
Section 2.The City Council hereby adopts the Rancho Cucamonga Economic Development
Strategy.
Section 3.The Economic Development Strategy is exempt from the California Environmental
Quality Act Under CEQA Section 15061(b)(3).
Section 4.The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 4th day of October, 2023.
ATTACHMENT 1
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Attachment 2
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City of Rancho Cucamonga | Economic Development Strategy 2023 2
Table of Contents
1. Introduction 3
1.1 About the Economic Development Strategy 3
1.2 Heart of the Matter 3
2. Strengths, Opportunities, Challenges 4
2.1 Strengths 4
2.2 Challenges 5
2.3 Opportunities 6
3. Target Industries 9
3.1 Advanced Manufacturing 10
3.2 Medical Manufacturing 10
3.3 Food and Beverage Manufacturing 11
3.4 Finance, Insurance, and Real Estate 11
3.5 Professional and Medical Services 12
4. Goals and Strategies 13
4.1 Grow and Diversify the City’s Economy 14
4.2 Enhance the Quality of Life 17
4.3 Expand Retail, Entertainment, and Hospitality 19
4.4 Foster Growth of Local Businesses and Workforce 20
5. Looking Ahead 23
6. Implementation Plan 24
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City of Rancho Cucamonga | Economic Development Strategy 2023 3
Introduction
In the last decade, the Inland Empire has experienced remarkable growth, experiencing increases in
population, employment opportunities, and investment in manufacturing, logistics, and other industries. The
region is strategically located between major metro areas and connected to the rest of the country and the
world by several highways, railways, Ontario International Airport and the nearby Ports of Los Angeles and
Long Beach. Rancho Cucamonga is well-positioned to further leverage the advantages of the region via its
skilled workforce, high-quality-built environment, and expanding economy. The Economic Development
Strategy (EDS) is a five-year work plan that will guide and support the City in establishing and sustaining
Rancho Cucamonga as the cultural and economic hub of the Inland Empire.
About the Economic Development Strategy
The EDS will guide the City’s economic development activities over the next five years. The document
identifies goals and strategies that will serve as a road map for City staff and civic leaders. The EDS
primarily provides direction to the City’s Economic Development Division, but the success of the EDS
depends on the coordination and communication with other City departments, public agencies, and partner
organizations.
The EDS was informed by a review of regional, state, and global trends, as well as a detailed analysis of
the City’s demographic, economic, and market conditions. Although the nature and extent of future market
conditions is unknown, the EDS provides foundational approaches to economic development in Rancho
Cucamonga that will serve the City during the life of the document.
The following sections describe the strengths, challenges, and opportunities to grow th e City’s economy;
key industries to expand in the City; and the goals, strategies, and actions of the EDS. The final section of
the EDS includes a five-year work plan that organizes tasks according to a timeline, assigns the City
department that will lead the activity, and identifies assisting potential partner departments, agencies, or
organizations.
Heart of the Matter
The EDS builds on PlanRC, the City’s General Plan, that was adopted on December 15, 2021. The General
Plan lays out a series of strategies to chart a path towards building a 21st century world-class community
that is grounded in the foundational core values of health, equity, and stewardship. The vision of PlanRC is
to create a city for people – a city of great neighborhoods, natural open spaces and parks, thriving
commercial and industrial areas, and walkable and active centers and districts, all connected by safe and
comfortable streets. Through the implementation of PlanRC, the city will develop to be more welcoming
and accessible to both residents and visitors.
To meet the vision and core values of PlanRC, five Big Ideas were identifie d:
• Design for People First: focus should be on people and development must be human scale and
inviting;
• Provide Connectivity and Accessibility: provide a range of travel options including new
opportunities for walking, bicycling and transit;
• Create Destinations: places to congregate, gather, and socialize;
• Cultural and Economic Hub of the Inland Empire : a downtown area, or several major activity
centers, with varied cultural opportunities and public art; and
• Address Environmental Justice: everyone in the city has a fair and just opportunity to thrive and
no one, especially those with the least means, shoulders the additional health burdens of
environmental degradation and pollution.
The EDS is intended to fortify linkages with PlanRC and the Big Ideas, to emphasize that economic
development activities are shared across all departments in the City. The goals and strategies identified
have been designed to address specific economic development objectives: improve health outcomes
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City of Rancho Cucamonga | Economic Development Strategy 2023 4
through economic attainment, grow the local economy, diversify the local economy, build economic health
and long-term fiscal resiliency, and ensure community vitality so that it can cont inue to provide high-quality
public services and amenities.
Within each of the strategies are achievable and measurable action items designed to serve as a guide for
the City over the next five years. The EDS is meant to be fluid in that it will be reviewed annually to determine
if there is a change in priorities or if resources need to be shifted. During this time, the City of Rancho
Cucamonga will continue working towards its long-range goals and planning efforts that are the framework
of the City’s vision of being a world-class community, making Rancho Cucamonga a special place to live,
work, and thrive.
Strengths, Opportunities, Challenges
This section identifies the City’s strengths, challenges, and opportunities to strengthen the City’s economy.
Strengths
High-quality transportation access. Rancho Cucamonga is located next to major highways, rail transit,
and air transport options. Interstate 10 and Interstate 15 are located along the borders of the City, and State
Highway 210 and Foothill Boulevard (Historic Route 66) run through the center of Rancho Cucamonga.
These highways provide access to shipping routes to the north and east of the County and access to the
Ports of Los Angeles and Long Beach. The nearby Ontario International Airport (ONT) is a growing
passenger and logistics hub. In recent years, Ontario International Airport has been one of the fastest-
growing airports in the country. The San Bernardino International Airport is also expanding its services and
now has regular passenger service for the first time, and Los Angeles International Airport (LAX) and John
Wayne Airport (SNA) are a reasonable distance from the city to be a potential option for travelers to the
area. The City also has a Metrolink rail station that runs directly to Downtown Los Angeles, and there are
plans to build a high-speed rail line that will connect Rancho Cucamonga to Las Vegas. Additionally, the
City has access to two Class I railroads, Union Pacific and BNSF, which have continued to improve this
level of service for freight shipping across the country.
Located near major population and employment centers. The City of Rancho Cucamonga is an hour’s
drive from Los Angeles and Orange County, and an hour and a half from San Diego. Proximity to these
areas allows for access to major consumer markets, workforce talent, and complimentary businesses
across industry sectors.
Proximity to complementary manufacturing businesses and skilled talent in the local region. San
Bernardino County has a concentration of workers with specialized talents and a one-of-a-kind training
facility, the InTech Center, located in the neighboring City of Fontana that specializes in build ing skills that
are desirable to manufacturing companies in various sectors. The County contains many complimentary
businesses to manufacturing. Warehousing and distribution centers are an example of complementary
businesses that have grown significantly in the local region. Manufacturers in Rancho Cucamonga benefit
from the City’s proximity to customer distribution centers.
Well-educated residents. In addition to workers with specialized, manufacturing-related skills, companies
in Rancho Cucamonga have access to highly educated workers. Residents in Rancho Cucamonga are
particularly well-educated compared to the rest of the local region. In 2021, 37 percent of Rancho
Cucamonga residents held a bachelor’s degree or higher compared to 22 percent of residents in San
Bernardino County overall. Educated residents and workers are attractive to companies with skilled worker
needs and retail businesses looking for high-income customer bases.
High resident incomes. Incomes in Rancho Cucamonga are high compared to the region. The median
income in Rancho Cucamonga is approximately $95,000, compared to approximately $70,300 for San
Bernardino County.
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Access to education opportunities that complement key industries in Rancho Cucamonga. Rancho
Cucamonga is home to Chaffey College and a satellite campus of the University of Redlands. These
schools have been valuable for Rancho Cucamonga employers to gain access to interns and apprentices.
Companies in Rancho Cucamonga can also draw talent from other nearby higher education institutions
such as UC Riverside, Cal Poly Pomona, California State University San Bernardino, California Baptist
University, University of La Verne, Claremont Colleges, San Bernardino Valley College, and other technical
schools in the area. Many of these schools offer vocational training and industry-specific programs that
complement the expanding sectors in the area such as advanced manufacturing and aerospace. For
example, Cal Poly Pomona’s Department of Aerospace Engineering provides a hands-on engineering
program to ready students for working in the aerospace industry.
Quality amenities and built environment. The City has a high-quality built environment. The City’s roads
are well maintained and are well landscaped on major corridors. The City’s de facto core, Victoria Gardens,
provides a pedestrian-friendly, and urban design-rich experience for local and regional shoppers. The City
is growing and attracting quality talent because of the high quality of life in the City.
Quality master planned neighborhoods. Rancho Cucamonga has several comprehensively designed
communities that feature quality housing stock and amenities.
Attractive and productive weather. The warm climate and mild winters in Rancho Cucamonga are
attractive to residents but also benefit manufacturers due to the relatively few weather-related closure days
for companies. Additionally, the mild weather on the Southern California coast makes the nearby Ports of
Los Angeles and Long Beach more efficient relative to ports along the northern and eastern U.S. coasts.
Affordable real estate. Land costs in Rancho Cucamonga are relatively affordable compared to the Los
Angeles Metro region and coastal communities in Southern California. Low land cost s are attractive to
companies for reducing costs, and attainably priced housing allows companies to recruit workers that can
live in or near the City.
Strong performing commercial real estate. Rancho Cucamonga’s commercial land uses are performing
better than in the County overall. The City’s office, retail, and industrial rents are higher than the County’s,
and vacancies are on par or lower than in the County.
World class public safety improves trust, desirability and attractiveness of the Community or City.
Public safety plays a critical role in supporting economic growth and vitality by enhancing the desirability of
the City as a place to live and locate a business. It also has a direct impact on the levels of community trust
and creating safe places to gather and socialize. The Rancho Cucamonga Police Department, Rancho
Cucamonga Fire District, Animal Services Department and Community Improvement Division provide
critical services to the public including law enforcement, fire and emergency services, animal c ontrol, care,
and adoption services along with community and property maintenance and improvement. The Public
Safety Workgroup works to maintain a safe, enjoyable and prosperous community making the city a top
choice for residents, visitors and businesses.
Challenges
Lack of downtown/city core identity . The City currently lacks a strong identity for its downtown. The City’s
General Plan explores “the potential of the area around Victoria Gardens and the Epicenter to become the
‘real downtown’ of Rancho Cucamonga.”
Potential retail spending leakage. According to data from the California Department of Tax and Fee
Administration, Rancho Cucamonga lags behind San Bernardino County on taxable sales per household
for certain retail categories such as clothing apparel, automotive-related products and services, health and
personal care stores, and other miscellaneous retail. This suggests that residents in Rancho Cucamonga
may be traveling outside the City to make certain purchases.
Shifting trend in retail due to online shopping. Rancho Cucamonga’s local retail market is influenced
by larger-scale national trends. Over the last decade, retail markets have been shifting and reorganizing in
large part due to the growth of e-commerce. However, while increased online sales have reduced the
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demand for in-store sales, there has been an increased demand for experiential retail such as restaurants,
bars, and gyms. Over the last two years, the COVID-19 pandemic disrupted brick and mortar retail stores
of all types and accelerated the shift in demand for online sales of physical goods. While the details of the
long-term impacts from COVID-19 for the retail market are uncertain, the market will likely rebound while
perhaps also changing to accommodate new trends enabled by new technologies and consumer
expectations regarding convenience such as contactless shopping.
Lack of population densities to attract higher-end retailers. Rancho Cucamonga is a strong fit for many
retailers due in part to the City’s high incomes. However, certain retailers are partial to areas with high er
concentrated population densities. High-end coffee businesses, grocers, and full-service restaurants often
seek to locate in areas with high population densities with access to at least 200,000 people within a one
to three-mile radius, which is typically achieved in highly populated city downtowns.
Mismatch between resident worker talent and city employment opportunities. Rancho Cucamonga
has a skilled workforce, most of which commute outside the city for work. An estimated 85 percent of
resident workers commute to nearby communities or Downtown Los Angeles, San Bernardino, or Orange
County (PlanRC Existing Conditions Report, 2020).
Diminishing supply of vacant land. Beginning in the 1990s and continuing through the 2010s, Rancho
Cucamonga experienced strong demand for new development on vacant or sparsely utilized sites . The
availability of large tracts of land spurred the development of master planned residential communities , which
characterized much of the community’s growth. This has led to diminishing opportunities for new large-
scale projects. A similar dynamic has occurred with commercial and industrial land as many of the most
attractive sites with access to rail and highway infrastructure have been developed.
Pressure for less employment-dense uses like logistics. The logistics boom in the Inland Empire also
created demand for warehouse and distribution space in Rancho Cucamonga. Businesses in this industry
have been able to pay higher land costs for desirable sites. While this type of investment may be attractive
to individual landowners, it generates less employment and synergy with other businesses compared to
other industrial activities.
Older parts of the city have limited access to amenities. Like many communities, Rancho Cucamonga
has experienced uneven development and investment across the city. Older neighborhoods within Rancho
Cucamonga, including those in the south and southeast portions of the city, have seen less recent
investment in amenities by the private sector.
Opportunities
Leverage transportation infrastructure projects to build a thriving HART District . The City’s General
Plan envisions the HART District as an intense, mixed-use area. Within the District, the Cucamonga Station
is positioned to be a major transit hub connecting regional and high-speed rail lines. The HART District has
strong potential to become a thriving new district in the city that attracts new talent and employers to the
City.
Attract high-wage and high-skill jobs that match City resident population. Many Rancho Cucamonga
residents commute outside the city for work. As Rancho Cucamonga grows as an employment center, the
City may be able to retain more residents to work at companies in the City.
Complimenting entertainment and hospitality options along Fourth Street and the I-10 Freeway. At
the southern border of the city limits, there is a cluster of entertainment facilities including the Ontario Mills
Mall, the Toyota Arena, Dave & Buster’s, and Topgolf. Additionally, there are several hotels concentrated
along the I-10 and adjacent to the Ontario International Airport.
Expand entertainment options unique to Rancho Cucamonga. The City’s General Plan stresses the
desire of the community for “more fun places to go, more things to do, and more ways to get there.”
Residents and visitors want places to congregate, gather, and socialize in lively centers, shopping areas,
and arts, culture, and entertainment venues.
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Build a vibrant downtown. Through the City’s community engagement process for the City’s recently
updated General Plan, the community expressed a desire for creating vibrant activity nodes and a “real
downtown.”
Capture more resident retail spending. Rancho Cucamonga is currently a regional retail destination, but
residents may be traveling outside the city for certain purchases. The City could capture more of its
residents’ purchases by attracting more retail businesses that match residents’ needs.
Leverage and grow international food manufacturing. Rancho Cucamonga’s specialization in food
manufacturing and access to the Ports of Los Angeles and Long B each and Ontario International Airport
could position the city to attract additional international food manufacturing companies. Two of Rancho
Cucamonga’s largest food manufacturing firms, Mizkan America and Nongshim USA are international
companies based in Asia. The City is also home to a Mission Foods facility, a subsidiary of Mexico-based,
global food company, Gruma.
Leverage and grow the aerospace industry. Southern California has a large concentration of aerospace
businesses, which is particularly concentrated in Orange County and Los Angeles County. San Bernardino
County also has a fast-growing aerospace sector with nearly 300 aerospace-related manufacturers and
several aerospace international companies based in Korea, China, Japan, Britain, France, and Switzerland.
Rancho Cucamonga is home to several aerospace-related companies including Air Components Inc,
Hartwell Corporation, Gentex, General Micro Systems, and Pneudraulics Inc.
Attract businesses in emerging green technology sectors such as electric vehicle-related
manufacturing. California is striving toward increasing the number of electric vehicles in the State. By
2035, most new cars and light trucks sold in California will be zero-emission vehicles, including plug-in
hybrid electric vehicles.1 As the most populous and wealthy U.S. state, California’s push toward electric
vehicles will likely spur significant growth in this sector. Rancho Cucamonga is well positioned to leverage
its location and concentrated advanced manufacturing sector to take advantage of the growth in electric
vehicle-related manufacturing. Rancho Cucamonga is located near complimentary electric vehicle
businesses in Los Angeles, Irvine, and San Diego, and companies in Rancho Cucamonga have access to
electric vehicle talent from companies like Tesla and Ford. Additionally, Rancho Cucamonga is near areas
such as Mountain Pass, CA, which are rich with rare earth minerals that are necessary for electric vehicle
production. Water supply technology is another emerging sector that Rancho Cucamonga could leverage.
Water security has been a growing concern in Califor nia for decades, and the State has moved towards
measures and major investments to increase water supply security. The development and manufacturing
of water supply technologies is an emerging sector with immediate relevance in Southern California.
Rancho Cucamonga is already home to a leading company developing technology equipment for water
treatment plants, Biwater, an international company based in the UK that moved operations from Los
Angeles County to Rancho Cucamonga because of proximity to their vendors and to industries that support
their operations.2 There are several water supply technology programs offered at local colleges including
San Bernardino Valley College, and Los Angeles Trade-Technical College.
Grow an expanding healthcare sector. Health care and social assistance currently account for a
significant portion of the City’s employment at approximately 10 percent of the City’s total jobs. While the
concentration of health care and social assistance jobs is somewhat lower compared to San Ber nardino
County and the overall State of California, the sector is growing faster in Rancho Cucamonga than in the
County or the State.
Leverage strong sector in local and regional household serving office-based industries. The City’s
concentrated professional services industry contains many offices that provide legal, tax, and design
services to the local and regional community. Many of these types of services require a physical presence
to serve customers and are more likely to be resilient to shifts to online platforms and telecommuting.
Rancho Cucamonga is well-positioned to grow as a hub for these types of office-based services based on
the presence of high quality attainably priced residential options.
1 https://ww2.arb.ca.gov/news/california-moves-accelerate-100-new-zero-emission-vehicle-sales-2035
2 https://siteselection.com/issues/2022/sep/the-world-finds-a-home-in-san-bernardino-county.cfm
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Expand professional and technical services that complement the City’s manufacturing sectors.
Professional service companies with offices in Rancho Cucamonga such as CDM Smith and Atlas Testing
Laboratories complement the advanced manufacturing sector in the City. Rancho Cucamonga could attract
more companies that offer engineering, marketing, and other complementary services to the City’s
manufacturing businesses.
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Target Industries
The City is committed to attracting and retaining high quality jobs to grow and diversify Rancho
Cucamonga’s economy and to reduce residents commuting outside the City. This is best accomplished by
targeting industries in the City that have a unique advantage to growing. Target industries that are well-
positioned to grow and diversify Rancho Cucamonga’s economy include:
• Advanced Manufacturing
• Medical Manufacturing
• Food and Beverage Manufacturing
• Finance, Insurance and Real Estate
• Professional and Medical Services
These target industries were identified based on their employment size, growth, and concentration in the
City and on the size and performance of the sectors in the larger region. The target industries are sectors
that are not only strong in Rancho Cucamonga but are also strong industr ies in the Inland Empire that the
City can leverage and build on. The EDS provides a special focus on growing and supporting the target
industries sectors. Tailored strategies are included to leverage the City’s unique strengths in the se
industries.
The following is a table summarizing the target industry sectors based on the location quotient.
Industry
Rancho
Cucamonga
Jobs
Share of
Rancho
Cucamonga
Jobs
Rancho
Cucamonga/San
Bernardino
County LQ1
Manufacturing Industries
Advanced Manufacturing 1,974 3.2% 2.7
Medical Manufacturing 1,955 3.2% 5.8
Food and Beverage Manufacturing 1,398 2.3% 1.3
Office Industries
Finance, Insurance, and Real Estate 5,789 9.4% 3.3
Professional Services2 2,707 4.4% 2.7
Source: Data Axel, 2022; QCEW, 2021.
Note:
1 Location Quotient (LQ) is a measure of how concentrated an industry is relative to a larger geography .
The LQ shown here represents the concentration of jobs in the City compared to San Bernardino County. A
location quotient of greater than 1.0 means an industry is concentrated in an area while a location quotient
of less than 1.0 means an industry is not concentrated in an area.
2 Health services jobs are not included in the data shown here. Medical service jobs are somewhat less
concentrated in the City compared to San Bernardino County, but the sector is growing in Rancho
Cucamonga and the City is committed to expanding this growth.
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Advanced Manufacturing
Advanced manufacturing is characterized by manufacturing
activity involving innovative technologies and requiring skilled
workers with technical knowledge and training. Advanced
manufacturers span industries that include the production of
aerospace equipment, medical devices, and computer
components.
In Rancho Cucamonga, there are approximately 2,000
advanced manufacturing jobs in the City (excluding medical
manufacturing jobs, which is included as its own target
industry sector in the EDS).
Aerospace and electric vehicles are among the advanced
manufacturing industries with opportunities to grow in the
City. The manufacturing of electric vehicles could be well
suited to Rancho Cucamonga due to the City’s location near
complimentary electric vehicle businesses in Los Angeles,
Irvine, and San Diego, and the City’s proximity to areas that
are rich with rare earth minerals. Rancho Cucamonga is
already home to several aerospace manufacturing
companies, the largest of which include Air Components Inc,
Hartwell Corporation, and Pneudraulics Inc. Among
electronic manufacturers, the City’s largest employers
include Arlon Electronic Materials, Celco-Pacific Division,
and VPG Transducers.
Top Advanced Manufacturers in Rancho Cucamonga3
• Consolidated Precision Products
• Pneudraulics Inc.
• Arlon Electronic Materials
Medical Manufacturing
In Southern California, pharmaceutical manufacturing forms a significant share of the region’s economy
with the largest concentrations of employment in Orange County and Los Angeles County. Medical
manufacturing can generally be considered advanced manufacturing, but on its own, it represents a
significant number of jobs (approximately 2,000 jobs) in the City of Rancho Cucamonga and is highly
concentrated in the City relative to San Bernardino County. The industry involves the production of medical
equipment and medicine. Amphastar Pharmaceuticals is the City’s largest medical manufacturer and one
of the City’s largest employers. Other significant employers include medical device and surgical instrument
manufacturers such as Comar, Eagle Labs, and Mediflex Inc. The concentrated presence of medical
manufacturing in the City indicates the likelihood of a local business ecosystem involving complementary
businesses and educated talent that could be leveraged for future growth in this sector.
3 Based on employment size provided by Data Axel (2022).
Aerospace in the Region
Southern California is home to most of the
State’s advanced manufacturing companies.
Los Angeles County accounts for half of
California’s aircraft, engine, and parts
manufacturing industry establishments, and
Orange County follows with nearly a quarter
of total establishments. San Bernardino
County accounts for the third largest
concentration of firms in the State, containing
approximately seven percent of firms.
In San Bernardino County several aerospace
companies have found success, attributing
their companies’ achievements to the
County’s business friendliness, competitive
cost structure and logistics network, and
presence of skilled engineers from nearby
universities. Favorable year-round weather
for flying and access to a workforce
specialized in aerospace also makes
Southern California and San Bernardino
County attractive to aerospace companies.
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City of Rancho Cucamonga | Economic Development Strategy 2023 11
Top Medical Manufacturers in Rancho Cucamonga
• Amphastar Pharmaceuticals Inc
• Comar
• Eagle Labs
Food and Beverage Manufacturing
Los Angeles and Orange County are major centers for food and beverage manufacturing in California, and
in San Bernardino County there are over 300 food and beverage manufacturing companies. Food and
beverage manufacturing is a unique segment of Rancho Cucamonga’s manufacturing sector that contains
about 1,400 jobs and is concentrated in the City relative to San Bernardino County, which itself contains a
large amount of activity in the sector.
Frito Lay Inc., Coca-Cola Bottling Co, Cerenzia Foods Inc, and Evolution Fresh are among the City’s largest
food and beverage manufacturers. Mizkan America and Nongshim USA are examples of international
manufacturers that employ a significant number of workers in the city. This sector also includes several
breweries that provide the added benefit for creating a sense of place in the community and potential
regional destination in Rancho Cucamonga. While there is currently some wine-related production in the
City, Rancho Cucamonga has a history of winemaking, and the growth of wineries in the City could
complement the City’s growth of breweries.
Top Food and Beverage Manufacturers in Rancho Cucamonga
• Frito Lay Inc.
• Coca-Cola Bottling Co
• Nongshim USA
Finance, Insurance, and Real Estate
Rancho Cucamonga has a high concentration of the region’s finance, insurance, and real estate industry
(sometimes referred to as FIRE industries) employment. There are approximately 5,800 FIRE jobs in the
City that account for 9.4 percent of total employment. Insurance-related activity accounts for about half of
the FIRE jobs in Rancho Cucamonga, of which are employed at offices of national insurance providers
such as First American Title and CorVel Corporation, and in small to medium -sized insurance broker firms.
In addition to several national banking branches, a large portion of the finance-related companies in Rancho
Cucamonga are small mortgage lenders, portfolio management, and investment firms. Among real estate-
related firms, most in the city are medium to small offices of real estate agents and brokers.
Top Finance, Insurance, and Real Estate Companies in Rancho Cucamonga
• Inland Empire Health Plan
• First American Title
• CorVel Corporation
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City of Rancho Cucamonga | Economic Development Strategy 2023 12
Professional and Medical Services
Professional service firms range from engineering and design companies to legal and accounting firms.
Rancho Cucamonga has approximately 2,700 professional service jobs, which accounts for five percent of
total employment. Rancho Cucamonga represents a hub for professional services in the region. The
professional service industry complements other target industries such as advanced manufacturing through
related research and administrative activity. Large professional service employers in the City include
aerospace and engineering companies such as CDM Smith and Atlas Testing Laboratories. Rancho
Cucamonga’s professional services industry also consists of several small, local offices that provide legal,
tax, and design services that serve the local and regional community. Medical service jobs are part of a
significant and expanding healthcare and social assistance sector in the City and include offices of
physicians, dentists, and other healthcare professionals.4
Top companies in Rancho Cucamonga
• CDM Smith
• Atlas Testing Laboratories
• Advanced Office
Attracting and retaining the target industries will have many benefits to the City and the region. These
benefits are identified in the figure below.
4 Health services jobs are somewhat less concentrated in the City compared to San Bernardino County, but the sector
is growing in Rancho Cucamonga and the City is committed to expanding this growth.
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City of Rancho Cucamonga | Economic Development Strategy 2023 13
Goals and Strategies
The ultimate goal of the EDS is to help establish Rancho
Cucamonga as the cultural and economic hub of the Inland
Empire. To accomplish this, the EDS establishes four
guiding goals, which include:
1. Grow and Diversify the City’s Economy
2. Enhance the Quality of Life
3. Expand Retail, Entertainment, and Hospitality
4. Foster Growth of Local Businesses and Workforce
These goals organize the EDS’s strategies, which provide more specific guidance to the City through a
series of actions.
The ultimate goal of the EDS is to
help establish Rancho
Cucamonga as the cultural and
economic hub of the Inland
Empire.
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City of Rancho Cucamonga | Economic Development Strategy 2023 14
1. Grow and Diversify the City’s Economy
1.1 Grow the City’s target industry sectors
The target industry sectors in Rancho Cucamonga include those that employ a significant number of
workers, are highly concentrated in the City, and are well-positioned to grow and increase the value
of sectors that lead the City’s economy. The target industry sectors include advanced manufacturing;
medical manufacturing; food and beverage manufacturing; finance, insurance, and real estate; and
professional services.
Action 1.1A Coordinate with San Bernardino County’s Economic Development Agency
to recruit new companies. San Bernadino County’s Economic Development
Agency assists companies with locating within the County. Coordinate with the
County to help match employers with strategic locations in Rancho Cucamonga.
Action 1.1B Coordinate with the Governor’s Office of Business and Economic
Development (GO-Biz) to recruit new companies. GO-Biz provides consultation
services to business owners including site selection at no cost. Coordinate with
GO-Biz to help match employers with strategic locations in Rancho Cucamonga.
Action 1.1C Connect new businesses with resources from the State. The State of
California offers resources such as tax credits to businesses that want to locate in
California or stay and grow in California. Promote available resources to
businesses as part of efforts to recruit businesses to the City.
Action 1.1D Recruit new businesses in the City’s target industry sectors. Work internally
and with partners to identify companies in the target industries that are well-
matched for Rancho Cucamonga and engage in outreach to these businesses.
Action 1.1E Convene working meetings with local business representatives from
industries in the City’s target industries. Use meetings to foster relationships
between the Economic Development Division and peer companies to learn about
challenges and opportunities to support target industry businesses in the City.
Action 1.1F Complete a comprehensive review of the fee structure and cost of doing
business in Rancho Cucamonga. Compare Rancho Cucamonga’s fees and
development process to peer and competitor cities to ensure the City’s competitive
position is maintained.
1.2 Market to businesses the advantages of locating in the City
Rancho Cucamonga is an ideal location for many businesses. The advantages of locating in the City
should be clearly defined and available to employers looking to start or relocate their business.
Action 1.2A Develop materials that market advantages for locating in Rancho
Cucamonga. Rancho Cucamonga has many attractive qualities for businesses
such as access to high-quality transportation, skilled and educated talent, and
educational opportunities. The City also features a high quality built environment,
attractive master planned neighborhoods, and a diverse housing stock. Making
materials will provide a special focus on the City’s target industry sectors when
crafting promotional materials to aid in business recruitment.
Action 1.2B Continue to regularly update “Rancho Cucamonga at a Glance” and “Retail
Opportunity” marketing materials. The City currently publishes documents that
promote the City’s demographics as they related to economic vibrancy. Continue
to update these materials regularly and make them available on the Economic
Development Division’s webpage.
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City of Rancho Cucamonga | Economic Development Strategy 2023 15
Action 1.2C Develop promotional materials on the Economic Development Division
webpage that profiles the City’s access to recreational and community parks
and cultural amenities. Rancho Cucamonga has access to scenic nature and
outdoor recreational spaces such as the North Etiwanda Preserve, Etiwanda Falls
Trail, San Bernardino National Forest, hillside open spaces, multipurpose trails,
and equestrian trails in addition to cultural landmarks such as the Sam and Alfreda
Maloof Foundation for Arts and Crafts, Cucamonga Service Station, and the
Chaffey-Garcia House. Develop marketing materials that promote the City’s
access to nature and outdoor recreation and cultural amenities. Also include
information that informs businesses and residents about environmental policies
and initiatives, future new green space, and outdoor recreational infrastructure.
Action 1.2D Implement the Marketing and Communications Plan. The Economic
Development Division has completed a Strategic Marketing and Communications
Plan that complements the Economic Development Strategy. The Marketing and
Communications Plan further strengthens the economic development function for
the City of Rancho Cucamonga.
1.3 Recruit and retain international companies
Rancho Cucamonga is an attractive location for international manufacturing companies for many
reasons including the City’s proximity to the Ports of Los Angeles and Long Beach and the City’s
access to highways that allows convenient shipping around the U.S. and to Canada and Mexico.
Two of Rancho Cucamonga’s largest food manufacturing firms, Mizkan America and Nongshim USA
are international companies based in Asia. The City is also home to a Mission Foods facility, a
subsidiary of Mexico-based, global food company, Gruma. Additionally, several international
aerospace companies are based in San Bernardino County.
Action 1.3A Connect businesses with resources through the San Bernardino County
Economic Development Agency. The County offers services to inform
businesses about opportunities to expand markets on a global scale and attract
investment from abroad.
Action 1.3B Connect businesses with resources from State, and International & Trade
programs. GO-Biz manages international business programs such as the
California STEP program, which offers financial assistance to eligible California
small businesses pursuing export sales in foreign markets.
Action 1.3C Develop an international marketing program to attract foreign businesses.
Create an international marketing program that includes training events for local
businesses, City staff, and other stakeholders to engage with foreign companies.
The marketing program will provide a special focus on the City’s target industries.
1.4 Connect businesses with commercial space opportunities in the City
Rancho Cucamonga’s Economic Development staff currently assists businesses with the process of
finding a suitable location in the City. Additional efforts to attract and assist companies considering
relocating to Rancho Cucamonga may increase the number of businesses locating in the City.
Action 1.4A Continue support for the “Site Selection Assistance” service in the City and
enhance the promotion of the service. Assign site selection assistance to
specific staff members and include brief bios of the staff that are involved with site
selection to foster the feeling of a personal experience.
Action 1.4B Maintain customer service orientation in the “Site Selection Assistance”
service. The City will allocate resources to provide customized and attentive
services to requests for location assistance in the City.
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City of Rancho Cucamonga | Economic Development Strategy 2023 16
Action 1.4C Prepare a “viewbook” promoting a range of commercial space examples
available in the City. Create a viewbook that highlights a selection of high quality
available commercial space in the City and how the City’s quality of life can
contribute to opportunities and benefits for business owners and employees in
terms of the local business environment and lifestyle. Ensure the viewbook is
provided online and as a printout.
Action 1.4D Market vacant office, retail, and industrial spaces on the City’s website.
Provide a comprehensive inventory of vacant commercial spaces on the City’s
Economic Development Division webpage. City staff will benchmark efforts against
competitor cities.
Action 1.4E Build relationships with Real Estate Brokers and Site Selection Companies.
Continue to work with the commercial brokerage community and site selection
companies to identify trends, conflicts, and development opportunities. Work with
the local brokerage community to actively market and identify users for infill
redevelopment sites and development projects throughout the City.
1.5 Support the construction and redevelopment of commercial properties
Office, retail, and industrial real estate markets in Rancho Cucamonga have performed well in recent
years and are competitive compared to the local region. Help facilitate building and redevelopment
in the City to ensure it does not impede attracting and retaining businesses.
Action 1.5A Continue to address small discrepancies in the development process as they
occur and review the current development approval process to remove
barriers and improve efficiency. Designate specific duties to department staff to
coordinate with other city departments to resolve challenges as they occur and
develop an internal report recommending systemic changes.
Action 1.5B Explore opportunities for the redevelopment of sites. Identify vacant and
underused properties for potential redevelopment and conduct outreach to
property owners to explore conversion and redevelopment opportunities.
Coordinate with action items focused on key sectors. These efforts will support the
City’s ongoing General Plan and Zoning Code updates as needed.
Action 1.5C Solicit feedback from commercial developers. Convene a group of local
commercial real estate developers to promote the City’s goals for real estate
development and to learn more about challenges and opportunities for developing
properties in the City.
Action 1.5D Solicit feedback from real estate professionals. Convene a group of local real
estate professionals to educate the broker community on the City’s vision, and
enhance collaboration and information sharing.
Action 1.5E Explore potential incentives for encouraging redevelopment. Explore financial
incentives such as tax abatement programs and nonfinancial incentives such as
permit streamlining to encourage property owners to redevelop vacant and
underused properties.
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City of Rancho Cucamonga | Economic Development Strategy 2023 17
2. Enhance the Quality of Life
2.1 Establish and promote the City’s Downtown
location
The City’s General Plan explores “the potential of the
area around Victoria Gardens and the Epicenter to
become the ‘real downtown’ of Rancho Cucamonga.”
While the General Plan focuses on physical changes and
infrastructure, other efforts can help establish the City’s
Downtown identity such as branding and coordinating
community events in the Downtown.
Action 2.1A Create an internal understanding of
the City’s Downtown location.
Develop and circulate an internal
memo describing the approximate
location of the City’s Downtown.
Action 2.1B Promote placemaking and
walkability. Encourage pedestrian,
building frontage, and other
improvements that enhance the public
realm as described in the City’s
General Plan.
Action 2.1C Locate community events and
public art in the Downtown area.
Explore locations for community events
to occur in the City’s Downtown.
Consider relocating existing events to a
location in the City’s Downtown. Work
with RC Public Art to explore options
for adding public art to the Downtown
area. The RC Public Art Plan calls for
prioritizing key areas in the City, such
as the Downtown, to locate murals and
mosaics. The RC Public Art Plan also
includes strategies for creating an art
walk program and commissioning
public works of art, which could be
located in the Downtown.
Action 2.1D Update signage promoting the
location of the City’s Downtown.
Commission the creation of signage
that communicates the location of the
City’s Downtown.
2.2 Promote and grow the HART District
The City’s General Plan envisions the HART District as an intense, mixed-use regional transit hub
with a dynamic mix of housing, employment, and supporting commercial development. Within the
District, Cucamonga Station will connect travelers with Brightline West’s high-speed rail line, an
underground loop to the Ontario International Airport, bus rapid transit, expanded Metrolink
connections, and other transit options.
Cucamonga Station
The planned Cucamonga Station will be
located in the City’s HART District and serve
as a regional transit hub. The Station will
connect several transit systems including:
⦁ Brightline West high-speed rail
⦁ Bus Rapid Transit (BRT) and local bus
service provided by Omnitrans
⦁ A tunnel to Ontario International Airport
⦁ Taxis and Ride-Share services
⦁ 6th Street bicycle track
High-Speed Rail (Brightline West)
Brightline West, a 218-mile privately funded
high-speed rail system, will connect Las
Vegas and Rancho Cucamonga with the
Cucamonga Station serving as the Greater
Los Angeles terminal. From the terminal in
Rancho Cucamonga, passengers will be
able to transfer from Brightline West to the
Rancho Cucamonga Metrolink Station.
Trains will travel at an expected 186 miles
per hour and feature amenities such as
Wi-Fi, food and beverages, checked
luggage, and hotel check-in services.
Connection to Ontario International Airport
In 2022, service commenced on a shuttle
service, ONT Connect, which takes
passengers from the Rancho Cucamonga
Metrolink Station to the Ontario International
Airport. In the future, a 2.8-mile tunnel is
planned to connect from Cucamonga Station
to Terminal 2 and Terminal 4 at Ontario
International Airport.
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City of Rancho Cucamonga | Economic Development Strategy 2023 18
Action 2.2A Establish and promote the identity of the HART District. Create messaging to
include in promotional materials and business recruitment efforts that describe the
future improvements in the HART District and the advantages of living and working
in the District such as its proximity to Cucamonga Station, which connects Rancho
Cucamonga to the surrounding region through Metrolink and the forthcoming high-
speed rail line and to the world via its connection to the Ontario International
Airport. Conduct outreach to property owners within the HART District informing
them of the HART District’s boundaries and future improvements in the area.
Action 2.2B Convene transportation agencies and providers. Organize meetings with
transportation agencies and providers to discuss future transportation
improvements and future development in the HART District.
Action 2.2C Develop a specific plan for the HART District. Coordinate the process for
creating a specific plan that will guide the growth of the HART District.
2.3 Host and sponsor community and special events
Community events can contribute to the vibrancy and sense of place in a community. They can also
attract visitors and serve as a low barrier to entry for new retailers and food vendors. Strengthen and
expand events and opportunities for community members, businesses, and visitors to engage with
local businesses.
Action 2.3A Explore opportunities to host or sponsor community events. Explore
opportunities to host or organize events that highlight the history and culture of
Rancho Cucamonga, and that have the potential to become iconic representations
of the City. Examples include outdoor recreational activities such as community
bike events and running events (5Ks, 10Ks, and marathons), in addition to family-
fun and entertainment events that feature or combine live music, food trucks,
mobile vendors, classic cars, theatre, and art.
Action 2.3B Continue to review permitting, fees, and insurance requirements for
community event hosts and vendors. Review City requirements to ensure they
are not a barrier for hosts and vendors.
2.4 Explore potential locations in the City that may benefit from enhanced
revenues and services
Evaluate sections in the City that can benefit from investments and improvements made that will
generate a greater economic benefit for the community, develop new employment opportunities, and
contribute to the City’s quality of life.
Action 2.4A Identify current and future locations that may benefit from enhanced
services. Explore locations that could benefit from enhanced services and future
areas of growth in the City.
Action 2.4B Explore the potential for existing revenue sources and service districts.
Analyze revenue sources and identify new funding opportunities.
Action 2.4C Engage local businesses about the need for public-private collaboration for
business community improvements. Collaborate with local businesses and
property owners to encourage renewed investment, where it makes the most
sense, with consideration for the environment and quality of life of surrounding
neighborhoods.
2.5 Promote the City’s historic cultural resources
The City’s General Plan expresses a commitment to recognizing, protecting, and maintaining Rancho
Cucamonga’s past. Historical monuments can serve as a visitor attraction and contribute to the sense
of place, authenticity, and culture in a community.
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City of Rancho Cucamonga | Economic Development Strategy 2023 19
Action 2.5A Market historic resources in the City. Integrate historical monuments and
cultural resources in marketing materials and explore collaborations with
community events.
Action 2.5B Secure historical status for qualifying sites. As part of the City’s recent General
Plan update, the City identified several historical sites across the City. Secure
National Register of Historic Places and California Register of Historical Resources
status for historical sites and monuments identified by the City that qualify for these
historical designations.
3. Expand Retail, Entertainment, and Hospitality
3.1 Explore opportunities for retail business recruitment
Rancho Cucamonga has a strong retail sector. Restaurant and food and beverage sales perform
particularly well in Rancho Cucamonga compared to San Bernardino County overall. However,
Rancho Cucamonga is less competitive relative to the County in certain retail categories such as
clothing apparel, automotive-related products and services, health and personal care stores, and
other miscellaneous retail.
Action 3.1A Compare the City’s existing retail inventory to the retail businesses the City
aims to attract. Individual retailers have specific site location requirements such
as the size and quality of spaces for lease. Review existing retail inventory to
determine the ability of existing spaces to satisfy size and quality requirements for
retailers.
Action 3.1B Commission a retail leakage study. Residents in Rancho Cucamonga are
traveling outside the City to make certain purchases. Commission a retail leakage
study to determine which types of retail Rancho Cucamonga residents typically
purchase outside the City and should be targeted for recruitment.
3.2 Cultivate a cluster of breweries, wineries, and tasting rooms in the City
Clusters of breweries, wineries, and tasting rooms can serve as a regional destination that brings
visitors to a City. Rancho Cucamonga currently has several breweries concentrated in the center of
the City, south of Foothill Blvd and northwest of the HART District. These breweries form a part of
the City’s concentration of food and beverage manufacturers and benefit from the City’s
specialization in this sector.
Action 3.2A Promote and support the City’s cluster of breweries. Create an identity for the
area where the City’s breweries are clustered. Engage local breweries and connect
them with events to vendor and sponsor in Rancho Cucamonga.
Action 3.2B Recruit and support breweries, wineries, and tasting rooms. Identify
breweries, wineries, and tasting rooms, and perform outreach to recruit new
businesses to Rancho Cucamonga.
3.3 Attract restaurants to the City that are destination driven
Rancho Cucamonga’s restaurant base serves our residents, the local workforce and visitors to the
City. Identify entrepreneurs elsewhere in Southern California that already operate restaurants, and
successful local restaurant owners looking to reposition or expand upon their existing operations.
Action 3.3A Retain and recruit a healthy and diverse mix of restaurants throughout the
City. Work with restaurant owners and operators to identify and develop sites for
new sit-down restaurants that create a sense of place.
Action 3.3B Explore options that might be available for restaurants in retail centers.
Identify existing commercial property centers to create more attainable restaurant
opportunities.
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City of Rancho Cucamonga | Economic Development Strategy 2023 20
3.4 Explore opportunities to expand hospitality in the City
The City continues to leverage the hospitality demand for business and leisure travelers. The nearby
Ontario International Airport has been expanding flight services, and the City is located along several
freeways and local and regional attractions.
Action 3.4A Explore future hospitality opportunities in the HART District. The HART
District is positioned to be a major regional transportation hub, including a high-
speed rail line to Las Vegas. the tunnel to Ontario International Airport, and bus
rapid transit. The HART District is also located near freeway access and
entertainment options to the north in the City’s Downtown and south along Fourth
Street.
Action 3.4B Identify future hospitality opportunities around Victoria Gardens and Civic
Center. The City will identify sites that may be suitable for the development of a
new hotel property around Victoria Gardens and Civic Center.
Action 3.4C Attract boutique, high-end and luxury hotels. Review the development code
and identify updates that can facilitate boutique, high-end and luxury hotel
developments in the City.
4. Foster Growth of Local Businesses and Workforce
4.1 Expand higher education institutions in the City
Rancho Cucamonga is home to Chaffey College and a satellite campus of the University of
Redlands. Residents and employers in the City also have access to several other colleges and
universities such as UC Riverside, Cal Poly Pomona, California State University San Bernardino,
California Baptist University, University of La Verne, Claremont Colleges, San Bernardino Valley
College, and other technical schools in the area.
Action 4.1A Strengthen partnerships with local higher education institutions. Establish
regular meetings with workforce development staff at Chaffey College, The
University of Redlands Rancho Cucamonga Campus, and other educational
organizations to explore opportunities to collaborate on workforce development.
Use meetings to explore opportunities to connect students with learning and
employment opportunities in the City with a particular focus on the City’s target
industries sectors.
Action 4.1B Foster relationships with nearby colleges and universities. Build a working
relationship with other colleges and universities such as Cal Poly Pomona and UC
Riverside to explore opportunities to collaborate on workforce development and
potential satellite expansions in Rancho Cucamonga.
4.2 Cultivate local innovation
Startups and innovative local companies can create new ideas and spur economic growth in a
community. Young and bootstrapped companies can benefit from Rancho Cucamonga’s lower land
and living costs compared to more costly nearby metro areas and coastal cities. The relatively
smaller population and employment base size in Rancho Cucamonga also offers more visibility in
the community for growing companies than in large metro areas.
Action 4.2A Explore partnerships with universities and organizations to support the
creation of incubators and business accelerator programs. Identify partners
in the region interested in establishing incubators and business accelerators in
Rancho Cucamonga.
Action 4.2B Host networking events for local businesses and entrepreneurs . Assist in
creating a vibrant entrepreneurial ecosystem by connecting entrepreneurs with
each other. Explore opportunities to host or co-host existing events with partners.
Consider resources that the City can leverage such as facilities to host events.
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City of Rancho Cucamonga | Economic Development Strategy 2023 21
4.3 Provide support for small businesses
Most businesses in Rancho Cucamonga are small businesses with 10 or fewer employees. The City
can foster local culture and economic growth by supporting locally grown businesses that are unique
to Rancho Cucamonga.
Action 4.3A Establish a small business outreach program. Continue to partner with the
Rancho Cucamonga Chamber of Commerce and the Orange County Inland
Empire Small Business Development Center to conduct regular outreach to small
businesses.
Action 4.3B Connect small businesses with resources and technical assistance. Provide
resources on the Economic Development Division webpage for small businesses
such as a guide to opening a business in Rancho Cucamonga and contact
information for Economic Development staff who can provide individual support.
Provide links to external resources such as USA.gov and the Orange County
Inland Empire Small Business Development Center for tools for starting a
business, and include information about available federal, state, and private loans
and grants for small businesses.
Action 4.3C Establish a small business loan program. Establish a loan fund for existing and
new small businesses that do not have access to other loan and gra nt programs.
Explore opportunities to collaborate with organizations interested in funding small
local businesses.
4.4 Enhance data collection to track business activity in the City
Data on local business activity is helpful for understanding trends and challe nges and opportunities
for business growth in the City.
Action 4.4A Ensure access to state-of-the-art telecommunications. Establish regular
monitoring of access to telecommunications, such as internet quality, in the City
and emerging technologies available in comparable communities to ensure the
City stays competitive regarding access to quality telecommunication services.
Action 4.4B Use the business licensing program to facilitate the collection of
employment and other data about local companies. This data will be used to
improve understanding of the number of businesses relocating and expanding
within City limits.
Action 4.4C Develop an annual or biannual local business survey. Develop a short survey
that will solicit information about challenges and opportunities from local
businesses operating in the City.
4.5 Connect students, job seekers, and employers with workforce development
opportunities
The City can help facilitate employment pipelines by connecting students , workers, and employers
with resources and events that provide networking and training opportunities. These initiatives
support the business attraction efforts and create a future workforce pipeline.
Action 4.5A Explore hosting or connecting students and job seekers with industry-
specific events. Explore opportunities to host or connect workers with events
related to the City’s target industries. Some examples may include events regularly
organized by the Manufacturers’ Council of the Inland Empire (MCIE) or
Manufacturing Day by the Manufacturing Institute, which aims to introduce
students to learning opportunities and to connect job seekers with manufacturing
employers.
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City of Rancho Cucamonga | Economic Development Strategy 2023 22
Action 4.5B Connect employers with the San Bernardino County Workforce
Development Board. The County offers support to employers for hiring new
employees and training, including on-the-job training, which the County may cover
a portion of the funding. Market the available support from the County to existing
and potential new businesses.
Action 4.5C Create stronger links between local employers, education and service
providers, and residents. Develop partnerships to facilitate increased
communication and collaboration between service providers and employers.
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City of Rancho Cucamonga | Economic Development Strategy 2023 23
Looking Ahead
Over the past 40 years, the City of Rancho Cucamonga has grown into the premier city in the Inland Empire,
featuring a skilled workforce, strong manufacturing sector, high quality housing stock and growing office -
based sectors. The City’s success is in large part due to its adherence to high standards regarding the
quality of new development and public spaces, and reinforcing a strong sense of place.
Serving as a blueprint for the future and complementing the General Plan, the EDS will advance the long -
term vision of making Rancho Cucamonga the cultural and economic hub of the Inland Empire.
The aspirational goals set in this EDS position the City for long -term success. Achieving these results
requires an ongoing commitment from all levels of City government and community members. Building
upon that foundation, longer-range goals include:
• Strengthen the City’s sense of identity and character by creating places where people want to be
and improving their ability to move around;
• Develop a civic and economic culture that provides entrepreneurs and business owners access to
resources needed to start up and stay in business;
• Create an urban fabric of accessible community gathering spaces and active building fronts;
• Grow the arts, cultural, and creative industries cluster to provide social value to residents, while
helping with job creation and prosperity in our local economy;
• Create a cluster of eatertainment (eateries and entertainment) opportunities that connect the HART
District, Epicenter and Victoria Gardens;
• Establish the City as a place of opportunity with a vibrant base of creative businesses, cultural
institutions, entertainment venues, and homegrown talent;
• Build a strong economy that maximizes opportunities for business and employment growth,
innovation and partnership; and
• Grow new businesses that provide an increasing number and diversity of employment opportunities
compatible within a mixed-use, transit-oriented employment district environment.
Rancho Cucamonga is suited for economic growth and investment. As the City moves forward in its
innovative programs, services and long-range goals, the city will continue to be equally forward thinking in
a strategic approach to all future development and investment.
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City of Rancho Cucamonga | Economic Development Strategy 2023 24
Implementation Plan
This section describes the 5-year work plan for implementing the EDS. Actions are divided into three time
periods: 1 year, 2-3 years, and 4-5 years. The work plan also identifies the lead department and assisting
partners.
Action Lead Department Partners Timeline
1. Grow and Diversify the City’s Economy
1.1 Grow the City’s target industry sectors
1.1A Coordinate with San
Bernardino County’s Economic
Development Agency to recruit
new companies.
Economic
Development
Division
San Bernardino County
Economic Development
Agency
1
Year
1.1B Coordinate with the
Governor’s Office of Business
and Economic Development
(GO-Biz) to recruit new
companies.
Economic
Development
Division
GO-Biz 1
Year
1.1C Connect new businesses
with resources from the State.
Economic
Development
Division
GO-Biz 1
Year
1.1D Recruit new businesses in
the City’s target industry sectors.
Economic
Development
Division
Rancho Cucamonga
Chamber of Commerce 2-3
Years
1.1E Convene working meetings
with local business
representatives from industries in
the City’s target industries.
Economic
Development
Division
Rancho Cucamonga
Chamber of Commerce 2-3
Years
1.1F Complete a comprehensive
review of the fee structure and
cost of doing business in Rancho
Cucamonga.
Economic
Development
Division
Rancho Cucamonga
Chamber of Commerce 2-3
Years
1.2 Market to businesses the advantages of locating in the City
1.2A Develop materials that
market advantages for locating in
Rancho Cucamonga.
Economic
Development
Division
1
Year
1.2B Continue to regularly
update “Rancho Cucamonga at a
Glance” and “Retail Opportunity”
marketing materials.
Economic
Development
Division
1
Year
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City of Rancho Cucamonga | Economic Development Strategy 2023 25
Action Lead Department Partners Timeline
1.2C Develop promotional
materials on the Economic
Development Division webpage
that profiles the City’s access to
nature and community parks.
Economic
Development
Division
Community Services
Department
1
Year
1.2D Implement the Marketing
and Communications Plan.
Economic
Development
Division
Community Services
Department
1
Year
1.3 Recruit and retain international companies
1.3A Connect businesses with
resources through the San
Bernardino County Economic
Development Agency.
Economic
Development
Division
San Bernardino County
Economic Development
Agency
1
Year
1.3B Connect businesses with
resources from State, and
International & Trade Programs.
Economic
Development
Division
GO-Biz 1
Year
1.3C Develop an international
marketing program to attract
foreign businesses.
Economic
Development
Division
Rancho Cucamonga
Chamber of Commerce 4-5 Years
1.4 Connect businesses with commercial space opportunities in the City
1.4A Continue support for the
“Site Selection Assistance”
service in the City and enhance
the promotion of the service.
Economic
Development
Division
1
Year
1.4B Maintain customer service
orientation in the “Site Selection
Assistance” service.
Economic
Development
Division
1
Year
1.4C Prepare a “viewbook”
promoting a range of commercial
space examples available in the
City.
Economic
Development
Division
2-3
Years
1.4D Market vacant office, retail,
and industrial spaces on the
City’s website.
Economic
Development
Division
Planning Division 2-3
Years
1.4E Build relationships with Real
Estate Brokers and Site Selection
Companies.
Economic
Development
Division
Planning Division 2-3
Years
1.5 Support the construction and redevelopment of commercial properties
Page 352 of 404
City of Rancho Cucamonga | Economic Development Strategy 2023 26
Action Lead Department Partners Timeline
1.5A Continue to address small
discrepancies in the development
process as they occur and review
the current development approval
process to remove barriers and
improve efficiency.
Economic
Development
Division
Planning Division 1
Year
1.5B Explore opportunities for the
redevelopment of sites.
Economic
Development
Division
Planning Division 2-3
Years
1.5C Solicit feedback from
commercial developers.
Economic
Development
Division
Planning Division 2-3
Years
1.5D Solicit feedback from real
estate professionals.
Economic
Development
Division
Planning Division 2-3
Years
1.5E Explore potential incentives
for encouraging redevelopment.
Economic
Development
Division
4-5 Years
2. Enhance the Quality of Life
2.1 Establish and promote the City’s Downtown location
2.1A Create an internal
understanding of the City’s
Downtown location.
Planning Division Economic Development
Division
1
Year
2.1B Promote placemaking and
walkability. Planning Division Economic Development
Division
1
Year
2.1C Locate community events
and public art in the Downtown
area.
Economic
Development
Division
Community Services
Department, RC Public
Art
2-3
Years
2.1D Update signage promoting
the location of the City’s
Downtown.
Economic
Development
Division
Planning Division, RC
Public Art 4-5 Years
2.2 Promote and grow the HART District
2.2A Establish and promote the
identity of the HART District. Planning Division Economic Development
Division 2-3
Years
Page 353 of 404
City of Rancho Cucamonga | Economic Development Strategy 2023 27
Action Lead Department Partners Timeline
2.2B Convene transportation
agencies and providers. Planning Division
Economic Development
Division, SBCTA,
Metrolink, Brightline
West
2-3
Years
2.2C Develop a specific plan for
the HART District. Planning Division 4-5 Years
2.3 Host and sponsor community and special events
2.3A Explore opportunities to
host or sponsor community
events.
Economic
Development
Division
Community Services
Department 2-3
Years
2.3B Continue to review
permitting, fees, and insurance
requirements for community
event hosts and vendors.
Economic
Development
Division
Community Services
Department, RC Public
Art
2-3
Years
2.4 Explore potential locations in the City that may benefit from enhanced
revenues and services
2.4A Identify current and future
locations that may benefit from
enhanced services.
Economic
Development
Division
Planning Division 2-3
Years
2.4B Explore the potential for
existing revenue sources and
service districts.
Economic
Development
Division
Planning Division 4-5 Years
2.4C Engage local businesses
about the need for public-private
collaboration for business
community improvements.
Economic
Development
Division
Planning Division 4-5 Years
2.5 Promote the City’s historic cultural resources
2.5A Market historic resources in
the City.
Economic
Development
Division
Planning Division 1
Year
2.5B Secure historical status for
qualifying sites. Planning Division Etiwanda Historical
Society 4-5 Years
3. Expand Retail, Entertainment, and Hospitality
3.1 Explore opportunities for retail business recruitment
Page 354 of 404
City of Rancho Cucamonga | Economic Development Strategy 2023 28
Action Lead Department Partners Timeline
3.1A Compare the City’s existing
retail inventory to the retail
businesses the city aims to
attract.
Economic
Development
Division
2-3
Years
3.1B Commission a retail
leakage study.
Economic
Development
Division
4-5 Years
3.2 Cultivate a cluster of breweries, wineries, and tasting rooms in the City
3.2A Promote and support the
City’s cluster of breweries.
Economic
Development
Division
2-3
Years
3.2B Recruit and support
breweries, wineries, and tasting
rooms.
Economic
Development
Division
2-3
Years
3.3 Attract restaurants to the City that are destination driven
3.3A Retain and recruit a healthy
and diverse mix of restaurants
throughout the city.
Economic
Development
Division
2-3
Years
3.3B Explore options that might
be available for restaurants in
retail centers.
Economic
Development
Division
2-3
Years
3.4 Explore opportunities to expand hospitality in the City
3.4A Explore future hospitality
opportunities in the HART
District.
Economic
Development
Division
4-5 Years
3.4B Identify future hospitality
opportunities around Victoria
Gardens and Civic Center.
Economic
Development
Division
4-5 Years
3.4C Attract boutique, high-end
and luxury hotels.
Economic
Development
Division
4-5 Years
4. Foster Growth of Local Businesses and Workforce
4.1 Expand higher education institutions in the City
Page 355 of 404
City of Rancho Cucamonga | Economic Development Strategy 2023 29
Action Lead Department Partners Timeline
4.1A Strengthen partnerships
with local higher education
institutions.
Economic
Development
Division
Partners: Chaffey
College, University of
Redlands Rancho
Cucamonga Campus
1
Year
4.1B Foster relationships with
nearby colleges and universities.
Economic
Development
Division
Partners: Cal Poly
Pomona, UC Riverside,
and other colleges and
universities
2-3
Years
4.2 Cultivate local innovation
4.2A Explore partnerships with
universities and organizations to
support the creation of incubators
and business accelerator
programs.
Economic
Development
Division
Inland Empire Center
for Entrepreneurship 2-3
Years
4.2B Host networking events for
local businesses and
entrepreneurs.
Economic
Development
Division
Rancho Cucamonga
Chamber of Commerce,
Inland Empire Center
for Entrepreneurship
2-3
Years
4.3 Provide support for small businesses
4.3A Establish a small business
outreach program.
Economic
Development
Division
Rancho Cucamonga
Chamber of Commerce,
Orange County Inland
Empire Small Business
Development Center
(OCIE SBDC)
2-3
Years
4.3B Connect small businesses
with resources and technical
assistance.
Economic
Development
Division
Rancho Cucamonga
Chamber of Commerce 2-3
Years
4.3C Establish a small business
loan program.
Economic
Development
Division
Rancho Cucamonga
Chamber of Commerce,
Orange County Inland
Empire Small Business
Development Center
(OCIE SBDC)
4-5 Years
4.4 Enhance data collection to track business activity in the City
4.4A Ensure access to state-of-
the-art telecommunications.
Economic
Development
Division
Public Works
Department
1
Year
Page 356 of 404
City of Rancho Cucamonga | Economic Development Strategy 2023 30
Action Lead Department Partners Timeline
4.4B Use the business licensing
program to facilitate the collection
of employment and other data
about local companies.
Economic
Development
Division
2-3
Years
4.4C Develop an annual or
biannual local business survey.
Economic
Development
Division
2-3
Years
4.5 Connect students, job seekers, and employers with workforce
development opportunities
4.5A Explore hosting or
connecting students and job
seekers with industry-specific
events.
Economic
Development
Division
Rancho Cucamonga
Chamber of Commerce,
Manufacturers’ Council
of the Inland Empire
(MCIE)
1
Year
4.5B Connect employers with the
San Bernardino County
Workforce Development Board.
Economic
Development
Division
San Bernardino County
Workforce
Development Board
1
Year
4.5C Create stronger links
between local employers,
education and service providers,
and residents.
Economic
Development
Division
San Bernardino County
Workforce
Development Board
1
Year
Page 357 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 1
Attachment 3Page 358 of 404
Page 359 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 1
Introduction
This report describes the findings and analysis of the City of Rancho Cucamonga’s economic and market
conditions. The findings inform the Economic Development Strategic Plan (EDSP) and will provide relevant
insights on economic development and marketing opportunities in the City.
Key Findings
• Rancho Cucamonga’s population grew by 8.2 percent from 2010 to 2021, which is similar to the
rate of growth in San Bernardino County.
• Residents of Rancho Cucamonga are more educated compared to the local region. 37 percent of
residents hold a bachelor’s degree or higher compared to 22 percent of residents in San Bernardino
County overall.
• The population in Rancho Cucamonga is generally older compared to nearby cities. The median
age is 36.9 in Rancho Cucamonga and 33.8 in San Bernardino County.
• Incomes in Rancho Cucamonga are among the highest in the region. The median income in
Rancho Cucamonga is approximately $95,000 compared to approximately $70,300 for San
Bernardino County.
• Rancho Cucamonga has a moderately large employment base with 71,845 total jobs.
• Employment in Rancho Cucamonga has grown slower compared to nearby cities and San
Bernardino County. Between 2011 and 2019, employment in Rancho Cucamonga grew by 15
percent compared to 22 percent in the County.
• Most businesses in Rancho Cucamonga are small firms with 10 or fewer employees. There are an
estimated 2,387 businesses with 1 to 4 employees, and 1,156 businesses with 5 to 10 employees.
• Rancho Cucamonga’s largest industry is manufacturing. There are approximately 8,900
manufacturing jobs in Rancho Cucamonga, which account for 12.4 percent of the City’s total jobs.
• The fastest-growing industry in Rancho Cucamonga is finance and insurance, which grew by 150
percent from 2011 to 2019. This industry accounts for 7.7 percent of the City’s total employment.
• Finance and insurance, manufacturing, professional and technical services, real estate,
accommodation and food services are growing sectors in the County that are concentrated in
Rancho Cucamonga. Rancho Cucamonga may be well positioned to attract and grow these
industries that are expanding in the local region.
• Specialized industries that are well-positioned to grow and diversify Rancho Cucamonga’s
economy include advanced manufacturing; medical manufacturing; food and beverage
manufacturing; finance, insurance and real estate, and professional services.
• Rancho Cucamonga’s home prices are relatively high compared to prices in the local region but
are more attainable priced compared to the Los Angeles Metro Area and the State of California
overall.
• Rancho Cucamonga’s commercial land uses are performing better than in the County overall. The
City’s office, retail, and industrial rents are higher than the County’s, and vacancies are on par or
lower than in the County.
• Restaurant and food and beverage sales are stronger in Rancho Cucamonga compared to the
County.
Page 360 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 2
• Rancho Cucamonga is a highly attractive and competitive City compared to its neighbors. Key
indicators show Rancho Cucamonga is balanced well by a relatively large employment base, highly
educated residents, and residents with high incomes. From a regional perspective, Riverside and
Fontana may be the most competitive with Rancho Cucamonga for attracting residents and
employers. Redlands and Eastvale may also be competitive with Rancho Cucamonga for attracting
highly skilled workers.
Demographic and Household Conditions
This section describes the characteristics of Rancho Cucamonga’s population using data from the most
recent American Community Survey (ACS 2021, 5-year Estimate) and HUD’s Comprehensive Housing
Affordability Strategy (CHAS, 2019). The analysis compares Rancho Cucamonga with neighboring cities 1
and San Bernardino County, as well as comparable Southern California jurisdictions,2 to provide a relative
measure of conditions in Rancho Cucamonga.
Population and Households
Rancho Cucamonga has a population of 173,946 residents and 56,380 households. The City’s population
is slightly smaller than nearby Ontario (175,223) but has 5,000 more households. Table 1 shows how the
number of residents and households in Rancho Cucamonga’s population compares relative to neighboring
cities and Table 2 shows how the City compares to other comparable Southern California jurisdictions.
Figures 1 and 2 display population growth in Rancho Cucamonga and the neighboring cities and other
Southern California jurisdictions. Since 2010 Rancho Cucamonga’s population has grown by 8.2 percent,
which is similar to the San Bernardino County growth rate of 8.3 percent. Eastvale, which was incorporated
in 2010, has grown in population by nearly 40 percent since 2010. Irvine, which was identified in 2020 by
the U.S. Census as the 10th fastest-growing city in the country, experienced a major population increase of
nearly 50 percent since 2010.
1 Neighboring cities include the cities of Eastvale, Fontana, Ontario, Riverside, Redlands, and San Bernardino.
2 Comparable Southern California jurisdictions includes the cities of Irvine and Pasadena, and Los Angeles County.
Page 361 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 3
Table 1: Total Population and Households, Neighboring Cities and San Bernardino County, 2021.
Population Households
Riverside 314,858 88,340
San Bernardino 220,821 61,680
Fontana 208,087 55,307
Ontario 175,223 51,068
Rancho Cucamonga 173,946 56,380
Redlands 72,649 25,273
Eastvale 68,539 16,713
San Bernardino County 2,171,071 651,743
Source: ACS, 5-Year Est, 2021.
Table 2: Total Population and Households, Comparable Southern California Jurisdictions, 2021.
Population Households
Irvine 297,868 107,166
Rancho Cucamonga 173,946 56,380
Pasadena 138,771 55,191
Los Angeles County 10,019,635 3,342,811
Source: ACS, 5-Year Est, 2021.
Figure 1: Population Growth, Neighboring Cities and San Bernardino County, 2010 to 2021
Source: ACS, 5-Year Est. 2010, 2021.
39.5%
9.8%8.3%8.2%6.1%5.6%5.5%4.8%
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
40.0%
45.0%
Eastvale Fontana San
Bernardino
County
Rancho
Cucamonga
Ontario San
Bernardino
Redlands RiversidePopulation GrowthPage 362 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 4
Figure 2: Population Growth, Comparable Southern California Jurisdictions, 2010 to 2021
Source: ACS, 5-Year Est. 2010, 2021
Race and Ethnicity
Tables 3 and 4 show the share of racial and ethnic groups in Rancho Cucamonga compared to neighboring
cities and comparable Southern California jurisdictions. The City’s racial and ethnic composition is fairly
similar to its neighboring communities. However, Rancho Cucamonga has a relatively higher percent non-
Hispanic White and non-Hispanic Asian populations and a lower Hispanic population than most neighboring
cities. Compared to other Southern California jurisdictions, Rancho Cucamonga has a somewhat lower
percentage of Non-Hispanic Asian population.
Table 3: Percentages of Race and Ethnicity, Neighboring Cities and San Bernardino County, 2021
Non-
Hispanic
White
Hispanic/
Latino
Non-Hispanic
Black/African
American
Non-
Hispanic
Asian
Other Race/
Ethnicity
Rancho Cucamonga 34% 38% 9% 14% 5%
Eastvale 22% 39% 7% 28% 4%
Fontana 13% 68% 8% 7% 3%
Ontario 15% 70% 5% 7% 3%
Redlands 44% 37% 6% 8% 5%
Riverside 28% 55% 5% 8% 4%
San Bernardino 14% 68% 12% 4% 3%
San Bernardino County 27% 55% 8% 7% 4%
Source: ACS, 5-Year Est. 2021.
49.6%
8.2%2.7%1.7%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
Irvine Rancho Cucamonga Los Angeles County PasadenaPopulation GrowthPage 363 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 5
Table 4: Percentages of Race and Ethnicity, Comparable Southern California Jurisdictions, 2021
Non-
Hispanic
White
Hispanic/
Latino
Non-Hispanic
Black/African
American
Non-
Hispanic
Asian
Other Race/
Ethnicity
Rancho Cucamonga 34% 38% 9% 14% 5%
Irvine 37% 12% 2% 43% 6%
Pasadena 34% 36% 8% 18% 5%
Los Angeles County 25% 49% 8% 15% 4%
Source: ACS, 5-Year Est. 2021.
Educational Attainment
Tables 5 and 6 show the educational attainment in Rancho Cucamonga compared to neighboring cities
and other Southern California jurisdictions. Figures 3 and 4 display the percentage of the population with a
bachelor’s degree or higher. Rancho Cucamonga residents are well-educated. 37 percent of residents have
a bachelor’s degree or higher, which is a higher share than most neighboring communities and lower than
Redlands and Eastvale. When compared to other jurisdictions in Southern California, Rancho
Cucamonga’s educational attainment is higher than Los Angeles County and less than the rates of a
bachelor’s degree or higher in Irvine and Pasadena.
Table 5: Percentages of Educational Attainment, Neighboring Cities and San Bernardino County, 2021
High School
Degree or
Less
Some
College
Bachelor's
Degree
Advanced
Degree
Rancho Cucamonga 27% 36% 23% 14%
Eastvale 29% 30% 29% 12%
Fontana 51% 30% 15% 5%
Redlands 29% 27% 22% 21%
Riverside 45% 31% 14% 10%
Ontario 51% 31% 14% 5%
San Bernardino 61% 27% 9% 4%
San Bernardino County 46% 32% 14% 8%
Note: Data universe includes the total population of 25 years or older.
Source: ACS, 5-Year Est. 2021.
Page 364 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 6
Table 6: Percentages of Educational Attainment, Comparable Southern California Jurisdictions, 2021
High School
Degree or
Less
Some
College
Bachelor's
Degree
Advanced
Degree
Rancho Cucamonga 27% 36% 23% 14%
Irvine 11% 20% 38% 31%
Pasadena 25% 22% 28% 25%
Los Angeles County 40% 26% 22% 12%
Note: Data universe includes the total population of 25 years or older.
Source: ACS, 5-Year Est. 2021.
Figure 3: Percentages of Bachelor’s Degree or Higher, Neighboring Cities and San Bernardino County, 2021
Note: Data universe includes the total population of 25 years or older. Data represents those who have earned a
bachelor’s or an advanced degree such as a master’s or a PhD.
Source: ACS, 5-Year Est. 2021.
Figure 4: Percentages of Bachelor’s Degree or Higher, Comparable Southern California Jurisdictions, 2021
Note: Data universe includes the total population of 25 years or older. Data represents those who have earned a
bachelor’s or an advanced degree such as a master’s or a PhD.
Source: ACS, 5-Year Est. 2021.
44%41%37%
24%22%20%19%
13%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
Redlands Eastvale Rancho
Cucamonga
Riverside San
Bernardino
County
Fontana Ontario San
BernardinoShare of Population 25 years or Older69%
53%
37%34%
0%
10%
20%
30%
40%
50%
60%
70%
80%
Irvine Pasadena Rancho Cucamonga Los Angeles CountyShare of Population 25 years or OlderPage 365 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 7
Age
Figures 5 and 6 show the median age in Rancho Cucamonga compared to the neighboring cities and other
Southern California jurisdictions. Figures 7 and 8 display the age distribution for each jurisdiction.
Compared to nearby communities, Rancho Cucamonga has the highest median age at 36.9 years. When
compared to other jurisdictions in Southern California, the City’s median age is similar to Los Angeles
County but less than Pasadena.
Compared to neighboring communities, Rancho Cucamonga has an older distribution of ages, with 40
percent of the population above the age of 45. When compared to comparable Southern California
communities, Los Angeles County and Pasadena have a similar share of residents over the age of 45 as
Rancho Cucamonga.
Figure 5: Median Age, Neighboring Cities and San Bernardino County, 2021
Source: ACS, 5-Year Est. 2021.
Figure 6: Median Age, Comparable Southern California Jurisdictions, 2021
Source: ACS, 5-Year Est. 2021.
36.9
35.5
34.2 33.8
32.6 32 31.9 31.3
28.0
29.0
30.0
31.0
32.0
33.0
34.0
35.0
36.0
37.0
38.0
Rancho
Cucamonga
Redlands Eastvale San
Bernardino
County
Ontario Fontana Riverside San
BernardinoMedian Age39.1
37.0 36.9
33.8
30.0
32.0
34.0
36.0
38.0
40.0
Pasadena Los Angeles County Rancho Cucamonga IrvineMedian AgePage 366 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 8
Figure 7: Percentages of Age Distribution, Neighboring Cities and San Bernardino County, 2021
Source: ACS, 5-Year Est. 2021.
Figure 8: Percentages of Age Distribution, Comparable Southern California Jurisdictions, 2021
Source: ACS, 5-Year Est. 2021.
Income
Figures 9 and 10 show the median income in Rancho Cucamonga compared to the neighboring cities and
other comparable Southern California jurisdictions. Figures 11 and 12 break down the percentages of
households by income in each jurisdiction. Figures 13 and 14 further organize the households into income
categories as defined by the HUD Area Median Family Income (HAMFI).
At $97,046, Rancho Cucamonga’s median household income is higher compared to neighboring cities and
San Bernardino County. Only Eastvale has a higher median income of $141,827. When compared to other
comparable jurisdictions in Southern California, Rancho Cucamonga’s median income is higher than Los
Angeles County’s median income of $76,367 but lower than Irvine’s median income of $114,027. The
23%30%29%26%23%24%28%26%
9%9%11%11%11%14%11%10%
28%
30%29%31%28%29%30%28%
28%23%22%23%24%22%21%24%
13%8%8%10%14%11%9%12%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Rancho
Cucamonga
Eastvale Fontana Ontario Redlands Riverside San
Bernardino
San
Bernardino
CountyShare of Total PopulationUnder 18 18 to 24 25 to 44 45 to 64 65 and older
23%22%18%22%
9%12%7%9%
28%32%
34%30%
28%23%25%25%
13%10%16%14%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Rancho Cucamonga Irvine Pasadena Los Angeles CountyShare of Total PopulationUnder 18 18 to 24 25 to 44 45 to 64 65 and older
Page 367 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 9
percentages of households by income generally corroborate the median income findings. 36 percent of
households in the City earn over $125,000 annually and 62 percent earn over $75,000. 12 percent of
Rancho Cucamonga’s households earn less than $30,000 annually. Eastvale and Irvine have the higher
percentage of households earning over $125,000. However, while Eastvale has the smallest percentage of
households earning less than $30,000 (5 percent), Irvine’s is higher than several jurisdictions, including
Rancho Cucamonga, at 16 percent of households earning less than $30,000 annually.
When using the HAMFI-defined income categories, Rancho Cucamonga has 63 percent of households in
the above moderate-income category and 16 percent of households in the very low-income category.
Compared to surrounding communities and San Bernardino County, only Eastvale has a higher percentage
of households in the above moderate-income category. When compared to other comparable jurisdictions
in Southern California however, Rancho Cucamonga has the highest percentage of households in the
above moderate-income category. All other jurisdictions have fewer than 50 percent of households in the
above moderate-income category.
Figure 9: Median Household Income, Neighboring Cities and San Bernardino County, 2021
Source: ACS, 5-Year Est. 2021.
Figure 10: Median Income, Comparable Southern California Jurisdictions, 2021
Source: ACS, 5-Year Est. 2021.
$141,827
$97,046 $87,184 $83,468 $76,755 $71,908 $70,287
$55,372
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
Eastvale Rancho
Cucamonga
Redlands Fontana Riverside Ontario San
Bernardino
County
San
BernardinoMedian Income $114,027
$97,046 $89,661
$76,367
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
Irvine Rancho Cucamonga Pasadena LA CountyMedian Income Page 368 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 10
Figure 11: Percentages of Households by Income, Neighboring Cities and San Bernardino County, 2021
Source: ACS, 5-Year Est. 2021.
Figure 12: Percentages of Households by Income, Comparable Southern California Jurisdictions, 2021
Source: ACS, 5-Year Est. 2021.
12%5%14%17%16%18%27%19%
10%
6%
11%14%12%14%
19%
15%15%
11%
19%21%16%17%
19%
18%
26%
20%
27%
27%
25%24%
22%
24%
36%
57%
29%22%31%27%
13%23%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Rancho
Cucamonga
Eastvale Fontana Ontario Redlands Riverside San
Bernardino
San
Bernardino
CountyShare of Total HouseholdsLess than $30,000 $30,000 to $49,999 $50,000 to $74,999
$75,000 to $124,999 $125,000 or More
12%16%19%20%10%8%9%14%15%11%14%15%
26%19%
21%22%
36%46%36%29%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Rancho Cucamonga Irvine Pasadena Los Angeles CountyShare of Total HouseholdsLess than $30,000 $30,000 to $49,999 $50,000 to $74,999
$75,000 to $124,999 $125,000 or More
Page 369 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 11
Figure 13: Percentages of Households by Income Category, Neighboring Cities and San Bernardino County, 2019
Source: HUD, Comprehensive Housing Affordability Strategy, 5-Year Est. 2019.
Notes: Very low-income is defined as <=50% HAMFI, low-income is >50% to <=80% HAMFI, moderate-income is
>80% to <=100% HAMFI, above moderate-income is >100% HAMFI
Figure 14: Percentages of Households by Income Category, Comparable Southern California Jurisdictions, 2019
Source: HUD, Comprehensive Housing Affordability Strategy, 5-Year Est. 2019.
Notes: Very low-income is defined as <=50% HAMFI, low-income is >50% to <=80% HAMFI, moderate-income is
>80% to <=100% HAMFI, above moderate-income is >100% HAMFI
Household Characteristics
Figures 15 and 16 show the average household size in Rancho Cucamonga compared to the neighboring
cities and other comparable Southern California jurisdictions. Tables 7 and 8 break down the households
16%10%22%24%22%25%
40%27%
12%
11%
18%20%14%17%
21%
18%8%
8%
12%13%
10%11%
10%
11%
63%72%
48%43%53%47%
28%
44%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Rancho
Cucamonga
Eastvale Fontana Ontario Redlands Riverside San
Bernardino
San
Bernardino
CountyShare of Total HouseholdsVery low-income Low-income Moderate-income Above moderate-income
16%26%30%37%12%
14%15%
19%
8%
11%10%
10%
63%
49%46%35%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Rancho Cucamonga Irvine Pasadena Los Angeles CountyShare of Total HouseholdsVery low-income Low-income Moderate-income Above moderate-income
Page 370 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 12
in the jurisdictions by type of living arrangement. Figures 17 and 18 display the percentages of households
by tenure in all jurisdictions.
Rancho Cucamonga has a relatively small household size when compared to the neighboring cities, with
only Riverside having a smaller average household size. However, when compared with other comparable
Southern California jurisdictions, Rancho Cucamonga’s average household size is larger than in Los
Angeles County, Pasadena, and Irvine.
Rancho Cucamonga’s largest category of household type is families without children at 41 percent, followed
by families with children at 36 percent. This differs from most of the neighboring cities and San Bernardino
County where families with children comprise a larger percentage of households than families without
children. The only other outlier is Redlands, which has 1 percentage point more families without children,
notably Redlands also has a significantly higher percentage of single-person households. Compared to
other comparable jurisdictions in Southern California, Rancho Cucamonga has a similar percentage of
families with children as Irvine.
Most households in Rancho Cucamonga own their home, which is the case for San Bernardino County and
nearly all of the neighboring cities, except for San Bernardino. Compared to other comparable Southern
California communities, most households rent their home in Los Angeles County, Irvine, and Pasadena.
Figure 15: Average Household Size, Neighboring Cities and San Bernardino County, 2021
Source: ACS, 5-Year Est. 2021.
Figure 16: Average Household Size, Comparable Southern California Jurisdictions, 2021
Source: ACS, 5-Year Est. 2021.
4.1 3.8 3.42 3.41 3.38 3.26 3.03 2.77
0
0.5
1
1.5
2
2.5
3
3.5
4
4.5
Eastvale Fontana Ontario San
Bernardino
Redlands San
Bernardino
County
Rancho
Cucamonga
RiversideAverage Household Size3.03 2.9 2.7 2.5
0
0.5
1
1.5
2
2.5
3
3.5
Rancho Cucamonga LA County Irvine PasdenaAverage Household SizePage 371 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 13
Table 7: Percentage of Households by Type, Neighboring Cities and San Bernardino County, 2021
Families with
Children
Families
without
Children
Single-Person
Household
Other Non-
Family
Household
Rancho Cucamonga 36% 41% 19% 4%
Eastvale 58% 33% 7% 3%
Fontana 52% 34% 11% 3%
Ontario 43% 36% 16% 5%
Redlands 33% 34% 25% 8%
Riverside 40% 33% 19% 8%
San Bernardino 45% 30% 19% 6%
San Bernardino County 41% 36% 18% 5%
Source: ACS, 5-Year Est. 2021.
Table 8: Percentage of Households by Type, Comparable Southern California Jurisdictions, 2021
Families with
Children
Families
without
Children
Single-Person
Household
Other Non-
Family
Household
Rancho Cucamonga 36% 41% 19% 4%
Irvine 34% 31% 23% 12%
Pasadena 24% 33% 34% 10%
Los Angeles County 32% 34% 26% 8%
Source: ACS, 5-Year Est. 2021.
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City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 14
Figure 17: Percentage of Households by Tenure, Neighboring Cities and San Bernardino County, 2021
Source: ACS, 5-Year Est. 2021.
Figure 18: Percentage of Households by Tenure, Comparable Southern California Jurisdictions, 2021
Source: ACS, 5-Year Est. 2021.
Employment and Firms
This section describes total employment in Rancho Cucamonga relative to neighboring cities, San
Bernardino County, and comparable Southern California jurisdictions using data from the U.S. Census
Bureau Longitudinal Employer-Household Dynamics (LEHD) program. The section also describes the total
number of firms, the size of firms, and the largest private employers in Rancho Cucamonga using data from
Data Axel.
63%
79%
66%55%59%56%49%60%
37%
21%
34%45%41%44%51%40%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Rancho
Cucamonga
Eastvale Fontana Ontario Redlands Riverside San
Bernardino
San
Bernardino
CountyHousehold Tenure Owner Occupied Renter Occupied
63%
44%42%46%
37%
56%58%54%
0%
20%
40%
60%
80%
100%
Rancho Cucamonga Irvine Pasadena Los Angeles CountyHousehold Tenure Owner Occupied Renter Occupied
Page 373 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 15
Rancho Cucamonga has approximately 71,845 jobs, and the City’s employment base is smaller than the
neighboring cities of Riverside, Ontario, and San Bernardino (Table 9), and when compared to other
comparable Southern California jurisdictions, Rancho Cucamonga’s employment is also less than in Irvine
and Pasadena (Table 10).
Table 11 shows that between 2011 to 2019, Rancho Cucamonga experienced a 15% increase in total jobs.
Rancho Cucamonga’s job growth outpaced Riverside and San Bernardino, but Eastvale, Ontario, Redlands,
and Fontana experienced a higher rate of growth during this period. From 2011 to 2019, Rancho
Cucamonga grew much faster than Pasadena but less than Irvine.
Table 9: Total Employment, Neighboring Cities and San Bernardino County 2011 and 2019
2011 2019
Riverside 128,236 146,033
Ontario 87,077 117,080
San Bernardino 94,509 103,888
Rancho Cucamonga 62,463 71,845
Fontana 42,898 53,640
Redlands 26,025 33,696
Eastvale 4,874 14,486
San Bernardino County 570,622 703,024
Source: U.S. Census Bureau, LEHD, 2011, 2019.
Table 10: Total Employment, Southern California Comparable Jurisdictions, 2011 to 2019
2011 2019
Irvine 206,493 257,836
Pasadena 94,001 98,366
Rancho Cucamonga 62,463 71,845
Source: U.S. Census Bureau, LEHD, 2011, 2019.
Page 374 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 16
Table 11: Employment Growth, Neighboring Cities and San Bernardino County 2011 to 2019
Change 2011 to 2019
Net New Jobs % Change
Eastvale 9,612 197%
Ontario 30,003 34%
Redlands 7,671 29%
Fontana 10,742 25%
Rancho Cucamonga 9,382 15%
Riverside 17,797 14%
San Bernardino 9,379 10%
San Bernardino County 132,402 23%
Source: U.S. Census Bureau, LEHD, 2011, 2019.
Table 12: Employment Growth, Southern California Comparable Jurisdictions
Change 2011 to 2019
Net New Jobs % Change
Irvine 51,343 25%
Rancho Cucamonga 9,382 15%
Pasadena 4,365 5%
Table 13 shows the number of firms by industry in Rancho Cucamonga. The largest number of firms in
Rancho Cucamonga are in the health care and social assistance, retail trade, and professional and
technical services industries. The health care and social assistance industry has the most firms with 760.
Many of these firms are small offices of physicians, densities, mental health professionals, and nursing care
facilities.
Figure 19 displays the range of firm sizes in Rancho Cucamonga. Most businesses in Rancho Cucamonga
are small businesses with fewer than 10 employees. There are an estimated 2,387 businesses with 1 to 4
employees, and 1,156 businesses with 5 to 10 employees.
The number of firms with one to four employees (2,387) is significantly higher than all other firm categories.
As the number of employees increase per firm in Rancho Cucamonga, the number of firms with employees
decreases. Rancho Cucamonga has three firms with 1,000 to 4,999 employees, which include Inland
Empire Health Plan, Amphastar Pharmaceuticals, and Chaffey College.
Table 14 shows Rancho Cucamonga’s largest private employers. Inland Empire Health Plan is the City’s
largest employer with an estimated 2,005 employees. Amphastar Pharmaceuticals follows as the second
largest employer with an estimated 1,761 employees. Frito Lay, Bass Pro Shops, and Walmart are the next
largest private employers in Rancho Cucamonga.
Page 375 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 17
Table 13: Rancho Cucamonga Firms by Industry, 2022
NAICS Industry Category Firms Percent
62 Health Care and Social Assistance 760 15.4%
44-45 Retail Trade 587 11.9%
54 Professional and Technical Services 511 10.3%
81 Other Services (except Public Administration) 469 9.5%
23 Construction 400 8.1%
72 Accommodation and Food Services 385 7.8%
52 Finance and Insurance 278 5.6%
31-33 Manufacturing 267 5.4%
42 Wholesale Trade 225 4.6%
53 Real Estate and Rental and Leasing 213 4.3%
56 Administration and Waste Management 194 3.9%
61 Educational Services 128 2.6%
48-49 Transportation and Warehousing 89 1.8%
71 Arts, Entertainment, and Recreation 83 1.7%
51 Information 74 1.5%
92 Public Administration 57 1.2%
11 Agriculture and Forestry 8 0.2%
55 Management of Companies 5 0.1%
22 Utilities 3 0.1%
N/A 206 4.2%
Total 4,942
Source: Data Axle, 2022.
Page 376 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 18
Figure 19: Rancho Cucamonga Firms by Size, 2022
Source: Data Axle, 2022.
Table 14: Rancho Cucamonga Largest Private Employers, 2022
Firm
Number of
Employees Percent
Inland Empire Health Plan 2,005 3.3%
Amphastar Pharmaceuticals 1,761 2.9%
Frito Lay 600 1.0%
Bass Pro Shops 500 0.8%
Walmart 435 0.7%
C & C Organization1 400 0.6%
Coca-Cola Bottling Co 400 0.6%
Arctic Mechanical 390 0.6%
Macy's 380 0.6%
Adecco 360 0.6%
Bradshaw Home Inc 350 0.6%
Superior Electric 350 0.6%
1 Parent company to Cask 'n Cleaver Steakhouse
Source: Data Axle, 2022.
2,387
1,156
547 333 155 68 15 4 3
274
0
500
1,000
1,500
2,000
2,500
3,000
1 to 4 5 to 9 10 to 19 20 to 49 50 to 99 100 to
249
250 to
499
500 to
999
1000 to
4,999
UnknownShare of Total FirmsPage 377 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 19
Industry Sectors
This section describes the relative size, rate of growth, and concentration of employment in industry sectors
in Rancho Cucamonga compared to San Bernardino County and the State of California.
Table 15 and Figure 20 show that Rancho Cucamonga’s greatest share of employment is in manufacturing.
There are approximately 8,900 manufacturing jobs in Rancho Cucamonga, which account for 12.4 percent
of the City’s total jobs. Rancho Cucamonga’s next largest industry is accommodation and food services
(7,801 jobs), followed by retail trade (7,562 jobs) and health care and social assistance (6,974 jobs).
Table 16 shows that the fastest-growing industry in Rancho Cucamonga is finance and insurance, which
grew by 150 percent from 2011 to 2019. Construction also grew significantly, increasing by more than
double (108 percent). Figure 21 shows that Rancho Cucamonga’s finance and insurance industry and the
construction industry grew outpaced San Bernardino County and the State. The City also marginally
outpaced the County and the State in growth in the health care and social assistance industry.
Table 17 and Figure 22 show the 2019 location quotient of Rancho Cucamonga relative to San Bernardino
County and the location quotient of San Bernardino County to the State of California. A location quotient is
a metric that provides a measure of how concentrated an industry is in an area.1 A location quotient of
greater than 1.0 means an industry is concentrated in an area while a location quotient of less than 1.0
means an industry is not concentrated in an area. The highest location quotient for Rancho Cucamonga to
San Bernardino County is for finance and insurance (3.4), which means that finance and insurance jobs
are much more concentrated in Rancho Cucamonga than in the County overall. Additional concentrated
industries in Rancho Cucamonga include manufacturing, construction, utilities, real estate, professional and
technical services, and accommodation and food services.
1 The location quotient is the ratio of an area’s distribution of employment by industry in comparison to the distribution
of the reference area.
Page 378 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 20
Table 15: Employment by Industry, 2019
NAICS Industry Category
Rancho
Cucamonga
San Bernardino
County State of CA
Jobs Share Jobs Share Jobs Share
31-33 Manufacturing 8,901 12.4% 54,233 7.7% 1,262,092 8.1%
72 Accommodation and Food
Services 7,801 10.9% 58,147 8.3% 1,398,882 8.9%
44-45 Retail Trade 7,562 10.5% 77,499 11.0% 1,450,919 9.3%
62 Health Care and Social
Assistance 6,974 9.7% 107,941 15.4% 2,173,287 13.9%
23 Construction 5,875 8.2% 37,870 5.4% 846,103 5.4%
61 Educational Services 5,610 7.8% 61,005 8.7% 1,362,968 8.7%
52 Finance and Insurance 5,545 7.7% 15,920 2.3% 518,531 3.3%
56 Administrative and Waste
Management 5,474 7.6% 52,091 7.4% 988,261 6.3%
42 Wholesale Trade 4,550 6.3% 42,779 6.1% 661,106 4.2%
54 Professional and Technical
Services 3,364 4.7% 22,935 3.3% 1,266,358 8.1%
48-49 Transportation and Warehousing 2,873 4.0% 82,856 11.8% 624,664 4.0%
81 Other Services (except Public
Admin) 1,958 2.7% 18,365 2.6% 491,737 3.1%
92 Public Administration 1,600 2.2% 33,688 4.8% 716,257 4.6%
53 Real Estate and Rental and
Leasing 1,373 1.9% 8,923 1.3% 273,969 1.8%
55 Management of Companies 702 1.0% 6,635 0.9% 263,485 1.7%
22 Utilities 695 1.0% 4,493 0.6% 106,183 0.7%
71 Arts, Entertainment, and
Recreation 497 0.7% 10,141 1.4% 318,793 2.0%
51 Information 278 0.4% 4,652 0.7% 596,798 3.8%
11 Agriculture and Forestry 213 0.3% 2,050 0.3% 304,112 1.9%
99 N/A 0 0.0% 801 0.1% 18,786 0.1%
Total Employment 71,845 703,024 15,643,291
Source: U.S. Census Bureau, LEHD, 2019.
Page 379 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 21
Figure 20: Top Rancho Cucamonga Industry Sectors by Employment, 2019
Source: U.S. Census Bureau, LEHD, 2019.
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
Manufacturing Accommodation
and Food
Services
Retail Trade Health Care and
Social
Assistance
Construction Educational
Services
Finance and
Insurance% Total EmploymentRancho Cucamonga San Bernardino County State of CA
Page 380 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 22
Table 16: Percent Employment Growth by Industry, 2011 to 2019
NAICS Industry Category Rancho
Cucamonga
San Bernardino
County State of CA
52 Finance and Insurance 150% 10% 1%
23 Construction 108% 62% 66%
92 Public Administration 49% -1% -3%
62 Health Care and Social Assistance 47% 44% 41%
11 Agriculture and Forestry 43% -8% 5%
71 Arts, Entertainment, and Recreation 38% 8% 17%
42 Wholesale Trade 35% 29% 3%
72 Accommodation and Food Services 31% 27% 29%
54 Professional and Technical Services 31% 11% 23%
53 Real Estate and Rental and Leasing 23% 27% 17%
61 Educational Services 16% 9% 7%
31-33 Manufacturing 10% 18% 4%
55 Management of Companies 4% -1% 24%
81 Other Services (except Public Admin) 1% -28% -26%
48-49 Transportation and Warehousing -5% 94% 46%
44-45 Retail Trade -12% 2% 4%
22 Utilities -40% -18% 1%
56 Administrative and Waste Management -41% 27% 27%
51 Information -46% -17% 44%
99 N/A -100% 30% -28%
Source: U.S. Census Bureau, LEHD, 2011, 2019.
Page 381 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 23
Figure 21: Select Fastest Growing Large Industry Sectors, 2019
Source: U.S. Census Bureau, LEHD, 2011, 2019.
0%
20%
40%
60%
80%
100%
120%
140%
160%
Finance and
Insurance
Construction Health Care and
Social
Assistance
Wholesale
Trade
Accommodation
and Food
Services
Professional
and Technical
Services% Employment Growth 2011 to 2019Rancho Cucamonga San Bernardino County State of CA
Page 382 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 24
Table 17: Location Quotient, 2019
NAICS Industry Category
Rancho
Cucamonga/San
Bernardino County
San Bernardino
County/State of
CA
52 Finance and Insurance 3.4 0.7
31-33 Manufacturing 1.6 1.0
23 Construction 1.5 1.0
22 Utilities 1.5 0.9
53 Real Estate and Rental and Leasing 1.5 0.7
54 Professional and Technical Services 1.4 0.4
72 Accommodation and Food Services 1.3 0.9
81 Other Services (except Public Admin) 1.0 0.8
42 Wholesale Trade 1.0 1.4
55 Management of Companies 1.0 0.6
56 Administration and Waste Management 1.0 1.2
11 Agriculture and Forestry 1.0 0.1
44-45 Retail Trade 1.0 1.2
61 Educational Services 0.9 1.0
62 Health Care and Social Assistance 0.6 1.1
51 Information 0.6 0.2
71 Arts, Entertainment, and Recreation 0.5 0.7
92 Public Administration 0.5 1.0
48-49 Transportation and Warehousing 0.3 3.0
Source: U.S. Census Bureau, LEHD, 2019.
Page 383 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 25
Figure 22: Most Concentrated Industries, 2019
Source: U.S. Census Bureau, LEHD, 2019.
Industry Sectors Summary
Figures 23 to 25 combine location quotient, employment growth, and employment size by industry sector
into one display. Figure 23 shows the size of industry sectors in the City and whether they are growing and
concentrated in Rancho Cucamonga. In the figure, the finance and insurance sector stands out from the
other industries. Finance and insurance is a moderately sized sector in terms of employment and is highly
concentrated and growing quickly in the City. Other concentrated and growing industries in Rancho
Cucamonga include manufacturing, real estate, professional and technical services, accommodations and
food services, and construction.
Figure 24 shows the size of industry sectors in San Bernardino County and whether they are growing and
concentrated in the County. Transportation and warehousing is highly concentrated and growing rapidly in
the County. This contrasts significantly with Rancho Cucamonga, as Figure 23 shows, transportation and
warehousing is not concentrated in the City and employment has shrunk somewhat since 2011. Health
care and social assistance, which is a relatively large and fast-growing industry in Rancho Cucamonga and
the County, is somewhat concentrated in the County but not very concentrated in the City.
Figure 25 shows the size of industry sectors in San Bernardino County and whether they are growing in the
County and how concentrated they are in Rancho Cucamonga. This figure demonstrates which industries
may represent opportunities for growth in Rancho Cucamonga. Finance and insurance, manufacturing,
professional and technical services, real estate, accommodation and food services are all growing sectors
in the County that are also concentrated in Rancho Cucamonga. Construction jobs, which are growing
particularly fast in the County are also notably concentrated in Rancho Cucamonga. Rancho Cucamonga
may be well positioned to attract and grow these industries that are expanding in the local region.
0.0
0.5
1.0
1.5
2.0
2.5
3.0
3.5
4.0
Finance and
Insurance
Manufacturing Construction Utilities Real Estate Professional
and Technical
Services
Accommodation
and Food
ServicesLocation QuotientRancho Cucamonga/San Bernardino County San Bernardino County/State of CA
Page 384 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 26
Figure 23: Industries by Concentration in Rancho Cucamonga and Growth in Rancho Cucamonga, 2011-2019
Note: The size of the dot reflects the number of jobs per industry sector.
Source: U.S. Census Bureau, LEHD, 2011, 2019.
Agriculture and Forestry
Utilities
Construction
Manufacturing
Wholesale Trade
Retail Trade
Transportation and Warehousing
Information
Finance and Insurance
Real Estate and Rental and
Leasing
Professional and
Technical ServicesManagement of
Companies
Administrative and Waste
Management
Educational Services Health Care and Social Assistance
Arts, Entertainment,
and Recreation
Accommodation and Food ServicesOther Services (except
Public Admin)
Public Administration
0.0
0.5
1.0
1.5
2.0
2.5
3.0
3.5
-100%-50%0%50%100%150%200%LQ Rancho Cucamonga/San Bernardino CountyRancho Cucamonga Employment Growth 2011-2019
Growing in the City & Concentrated in the City
Declining in the City & Not
Concentrated in the City
Growing in the City & Not
Concentrated in the City
Declining in the City &
Concentrated in the City
Page 385 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 27
Figure 24: Industries by Concentration in San Bernardino County and Growth in San Bernardino County, 2011-2019
Note: The size of the dot reflects the number of jobs per industry sector.
Source: U.S. Census Bureau, LEHD, 2011, 2019.
Agriculture and Forestry
Utilities Construction
Manufacturing
Wholesale
Trade
Retail Trade
Transportation and
Warehousing
Information
Finance and Insurance
Real Estate
Professional and Technical Services
Management of Companies
Administrative and Waste Management
Educational
Services
Health Care and Social Assistance
Arts, Entertainment, and Recreation
Accommodation and Food ServicesOther Services (except Public Admin)
Public Administration
0.0
0.5
1.0
1.5
2.0
2.5
3.0
3.5
-150%-100%-50%0%50%100%150%LQ San Bernardino County/ State of CASan Bernardino County Employment Growth 2011-2019
Declining in the County &
Concentrated in the County
Growing in the County & Not
Concentrated in the County
Growing in the County & Concentrated in the County
Declining in the County & Not
Concentrated in the County
Page 386 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 28
Figure 25: Industries by Concentration in Rancho Cucamonga and Growth in San Bernardino County, 2011-2019
Note: The size of the dot reflects the number of jobs per industry sector.
Source: U.S. Census Bureau, LEHD, 2011, 2019.
Agriculture and Forestry
Utilities
Construction
Manufacturing
Wholesale Trade
Retail Trade
Transportation and
Warehousing
Information
Finance and Insurance
Real Estate
Professional and Technical
ServicesManagement of Companies
Administrative and Waste Management
Educational Services
Health Care and Social Assistance
Arts, Entertainment, and Recreation
Accommodation and Food Services
Other Services (except Public Admin)
Public Administration
0.0
0.5
1.0
1.5
2.0
2.5
3.0
3.5
4.0
-150%-100%-50%0%50%100%150%LQ Rancho Cucamonga/ San Bernardino CountySan Bernardino County Employment Growth 2011-2019
Growing in the County &
Concentrated in the City
Declining in the County &
Not Concentrated in the City Growing in the County & Not
Concentrated in the City
Declining in the County &
Concentrated in the City
Page 387 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 29
Market Analysis
This section describes the current and historic performance of residential and commercial land uses in
Rancho Cucamonga. The analysis relies on data from online real estate platforms Redfin and Zillow and
data from the private real estate data source CoStar.
Residential Market
Rancho Cucamonga’s home prices are relatively high compared to prices in the local region but are more
moderately priced compared to Greater Los Angeles and the State of California overall. Figure 26 shows
that home prices are much higher in Rancho Cucamonga compared to San Bernardino County and less
than the neighboring Los Angeles Metro Area and the State. Among nearby cities, Rancho Cucamonga
has the second highest home prices following Eastvale and higher home prices than Ontario, Fontana,
Redlands, Riverside, and San Bernardino (Figure 27). Compared to other comparable Southern California
jurisdictions, Rancho Cucamonga’s home prices are much less than in Irvine and Pasadena (Figure 28).
Monthly rents are higher in Rancho Cucamonga compared to San Bernardino County, but somewhat on
par with the Greater Los Angeles Area (Figure 29). Among neighboring cities, rents in Rancho Cucamonga
are higher than in Redlands, Ontario, Riverside, and San Bernardino, but Rancho Cucamonga rents are
lower than in Eastvale and Fontana (Figure 30). The City of Irvine has much higher rents than Rancho
Cucamonga, but rents in Rancho Cucamonga are similar to those in Pasadena (Figure 31).
Figure 26: Median Home Sales Price, 2012 to 2022
Source: Redfin, December 2022.
$0K
$100K
$200K
$300K
$400K
$500K
$600K
$700K
$800K
$900K
$1,000K
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022Median Sales Price (Nominal Dollars)Los Angeles Metro Area
State of California
Rancho Cucamonga
San Bernardino County
Page 388 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 30
Figure 27: Median Home Sales Price, Neighboring Cities, 2012 to 2022
Source: Redfin, December 2022.
Figure 28: Median Home Sales Price, Comparable Southern California Jurisdictions, 2012 to 2022
Source: Redfin, December 2022.
$0K
$100K
$200K
$300K
$400K
$500K
$600K
$700K
$800K
$900K
$1,000K
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022Median Sales Price (Nominal Dollars)Eastvale
Rancho Cucamonga
Ontario
Fontana
Redlands
Riverside
San Bernardino
$0K
$200K
$400K
$600K
$800K
$1,000K
$1,200K
$1,400K
$1,600K
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022Median Sales Price (Nominal Dollars)Irvine
Pasadena
Rancho Cucamonga
Page 389 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 31
Figure 29: Average Monthly Rent, 2015 to 2022
Source: Zillow, November 2022.
Figure 30: Average Monthly Rent, Neighboring Cities, 2015 to 2022
Source: Zillow, November 2022.
$1,000
$1,200
$1,400
$1,600
$1,800
$2,000
$2,200
$2,400
$2,600
$2,800
$3,000
2015 2016 2017 2018 2019 2020 2021 2022Monthly Rent (Nominal Dollars)Los Angeles Metro
Rancho Cucamonga
San Bernardino County
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
2015 2016 2017 2018 2019 2020 2021 2022Monthly Rent (Nominal Dollars)Eastvale
Fontana
Rancho Cucamonga
Riverside
Ontario
Redlands
San Bernardino
Page 390 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 32
Figure 31: Average Monthly Rent, Comparable Southern California Jurisdictions, 2015 to 2022
Source: Zillow, November 2022.
Commercial Land Use Market
National Trends Retail and COVID-19
Rancho Cucamonga’s local retail market is influenced by larger-scale national trends. Over the last decade,
retail markets have been shifting and reorganizing in large part due to the growth of e-commerce. However,
while increased online sales have reduced the demand for in-store sales, there has been an increased
demand for experiential retail such as restaurants, bars, and gyms.
Over the last two years, the COVID-19 pandemic disrupted brick and mortar retail stores of all types and
accelerated the shift in demand for online sales of physical goods. While the details of the long-term
recovery from COVID-19 for the retail market are uncertain, the market will likely rebound while perhaps
also changing to accommodate new trends enabled by new technologies and consumer expectations
regarding convenience such as contactless shopping.1
Commercial Land Use Trends
Rancho Cucamonga has approximately 5.2 million square feet of office space, 8.5 million square feet of
retail space, and 40.9 million square feet of industrial space. The City’s office, retail, and industrial space
account for a significant proportion of total space in San Bernardino County. Of the County’s total
commercial space, Rancho Cucamonga accounts for 13 percent of total office space, 9 percent of total
retail space, and 9 percent of total industrial space.
Rancho Cucamonga’s commercial land uses are performing better than in the County overall. The City’s
office, retail, and industrial rents are higher compared to the County, and vacancies are on par or lower
1https://www2.deloitte.com/content/dam/Deloitte/us/Documents/consumer-business/us-cb-covid-recession-2020.pdf
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
2015 2016 2017 2018 2019 2020 2021 2022Monthly Rent (Nominal Dollars)Irvine
Pasadena
Rancho Cucamonga
Page 391 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 33
than in the County. Figures 32 and 33 also demonstrate the strong performance of Rancho Cucamonga’s
commercial land uses. Since 2010, rents for all commercial land uses have increased and vacancies have
decreased. However, during this period, only industrial space has increased by a notable amount in the
City. From 2010 to 2022, office space increased by one percent and retail space increased by 4 percent,
while industrial space increased by 16 percent (Table 19).
Table 18: Commercial Land Use Summary, 2022
Building Sf. Building Sf. %
of County
Average
Monthly Rent Vacancy %
Office
Rancho Cucamonga 5,263,228 13% $2.17 5.4%
San Bernardino County 40,114,155 100% $1.93 5.5%
Retail
Rancho Cucamonga 8,492,590 9% $1.99 4.4%
San Bernardino County 95,932,505 100% $1.68 6.5%
Industrial
Rancho Cucamonga 40,896,511 9% $1.35 1.6%
San Bernardino County 449,628,749 100% $1.30 1.7%
Source: CoStar, 2022.
Table 19: Commercial Land Use Net Increase, 2010 to 2022
Rancho Cucamonga San Bernardino County
Number Percent Number Percent
Building Sf.
Office 28,022 1% 990,728 3%
Retail 293,676 4% 6,129,416 7%
Industrial 5,744,197 16% 127,330,102 40%
Average Monthly Rent
Office $0.57 36% $0.39 25%
Retail $0.36 22% $0.36 27%
Industrial $0.97 255% $0.94 261%
Vacancy
Office -16.9% -76% -9.1% -62%
Retail -3.4% -44% -2.6% -29%
Industrial -5.1% -76% -7.7% -82%
CoStar, 2022.
Page 392 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 34
Figure 32: Rancho Cucamonga Commercial Land Use Rents, 2010 to 2022
Source: CoStar, 2022.
Figure 33: Rancho Cucamonga Commercial Land Use Vacancy, 2010 to 2022
Source: CoStar, 2022.
$0.00
$0.50
$1.00
$1.50
$2.00
$2.50
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022Average Monthly RentOffice
Retail
Industrial
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022Vacancy PercentOffice
Retail
Industrial
Page 393 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 35
Figure 34: Rancho Cucamonga Commercial Land Use Building Sf., 2010 to 2022
Source: CoStar, 2022.
Target Industry Sectors
The previous sections in this memo describe employment trends in Rancho Cucamonga using broadly
defined categories, such as manufacturing and retail trade. This section examines subsets of those
categories that more specifically define the type of employment in Rancho Cucamonga. More detailed
categories were examined to identify specialized industries that are well-positioned to grow and diversify
the City’s economy. This section also describes leading private sector employers for these target industries
in the City.
The specialized industry sectors in Rancho Cucamonga were defined as those that employ a significant
number of workers and are highly concentrated in the City. The specialized industries identified in this
analysis include advanced manufacturing; medical manufacturing; food and beverage manufacturing;
finance, insurance and real estate, and professional services.
Advanced Manufacturing
Advanced manufacturing is characterized by manufacturing activity involving technology innovation and
requiring skilled workers with technical knowledge and training. Advanced manufacturers span industries
that include the production of aerospace equipment, medical devices, and computer components. In
Rancho Cucamonga, there are approximately 2,000 advanced manufacturing jobs in the city (excluding
medical manufacturing jobs). Among the largest aerospace manufacturing companies in the City include
Air Components Inc, Hartwell Corporation, and Pneudraulics Inc. Among electronic manufacturers, the
City’s largest employers include Arlon Electronic Materials, Celco-Pacific Division, Mercury United
Electronics Inc, and VPG Transducers.
Medical Manufacturing
Medical manufacturing could be considered part of the advanced manufacturing industry category, but on
its own, it represents a sizeable portion of jobs (approximately 2,000 jobs) in the City of Rancho Cucamonga.
0
5
10
15
20
25
30
35
40
45
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022Building sf. (Millions)Office
Retail
Industrial
Page 394 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 36
Medical Manufacturing is also highly concentrated in the City relative to San Bernardino County. The
industry involves the production of medical equipment and medicine. Most of the medical manufacturing
jobs in Rancho Cucamonga are with the firm Amphastar Pharmaceuticals, which is one of the City’s largest
employers (Table 14). Other significant employers include medical device and surgical instrument
manufacturers such as Comar, Mediflex Inc, and Eagle Labs.
Food and Beverage Manufacturing
Food and beverage manufacturing is a unique segment of Rancho Cucamonga’s overall manufacturing
sector that contains about 1,400 jobs and is somewhat concentrated relative to San Bernardino County.
Frito Lays, Coca-Cola, Cerenzia Foods Inc, and Evolution Fresh are among the City’s largest food and
beverage manufacturers. Mizkan America and Nongshim USA are examples of international manufacturers
that also employ a significant number of workers in the City. This sector also includes several breweries
that provide the added benefit of being an attractive amenity and potential regional destination in Rancho
Cucamonga.
Finance, Insurance, and Real Estate
Rancho Cucamonga contains a high concentration of the local region’s finance, insurance and real estate
industry (sometimes referred to as FIRE industries) employment. There are approximately 5,800 FIRE jobs
in the City that account for 9.4 percent of total employment. Insurance-related activity accounts for about
half of the FIRE jobs in Rancho Cucamonga, of which are employed at offices of national insurance
providers such as First American Title and CorVel Corporation, and in small to medium-sized insurance
broker firms. In addition to several national banking branches, a large portion of the finance-related
companies in Rancho Cucamonga are small mortgage lenders, portfolio management and investment firms.
Among real estate-related firms, most in the City are medium to small offices of real estate agents and
brokers.
Professional Services
Professional service firms range from engineering and design companies to legal and accounting firms.
The professional service industry complements other target industries such as advanced manufacturing
through related research and administrative activity. Large professional service employers in the City
include aerospace and engineering companies such as CDM Smith and Atlas Testing Laboratories. Rancho
Cucamonga’s professional services industry also consists of several small, local offices that provide legal,
tax, and design services that serve the local and regional community.
Page 395 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 37
Table 20: Target Industry Sectors Summary, 2021
Industry
Rancho
Cucamonga
Jobs
Share of
Rancho
Cucamonga
Jobs
Rancho
Cucamonga/San
Bernardino
County LQ
Manufacturing Industries
Advanced Manufacturing 1,974 3.2% 2.7
Medical Manufacturing 1,955 3.2% 5.8
Food and Beverage Manufacturing 1,398 2.3% 1.3
Office Industries
Finance, Insurance, and Real Estate 5,789 9.4% 3.3
Professional Services 2,707 4.4% 2.7
Source: Data Axel, 2022; QCEW, 2021.
Comparable Market Areas
This section summarizes the analysis of neighboring communities and comparable Southern California
jurisdictions to determine how Rancho Cucamonga might compete for retention and attraction of employers
and service providers across land uses and industry sectors.
Table 21 summarizes key demographic and employment characteristics for Rancho Cucamonga and
neighboring cities discussed in previous sections of the memo, and Table 22 shows these key
characteristics indexed to Rancho Cucamonga’s characteristics.
Table 22 shows that Riverside, San Bernardino, and Ontario are larger than Rancho Cucamonga in
population and total employment but have less educated residents with lower incomes. Fontana while
having a larger resident population than Rancho Cucamonga has a smaller employment base. Fontana like
Riverside, San Bernardino, and Ontario also has less educated residents and with lower incomes than
Rancho Cucamonga. Redlands and Eastvale have smaller populations and employment bases than
Rancho Cucamonga, but their residents are generally more educated and Eastvale’s residents have higher
incomes. Redland and Eastvale have also experienced faster job growth from 2011 to 2019 than Rancho
Cucamonga.
Tables 21 and 22 show that Rancho Cucamonga is highly competitive compared to its neighboring cities.
Rancho Cucamonga is balanced well by a relatively large employment base, highly educated residents,
and residents with high incomes. Among the neighboring cities, Riverside and Fontana may be generally
the most competitive with Rancho Cucamonga for attracting residents and employers. Riverside has a
larger employment base and somewhat lower incomes of residents. While the share of residents with a
bachelor's degree or higher is relatively low in Redlands, it is the highest among the neighboring cities with
a larger employment base than Rancho Cucamonga. Fontana’s employment base is somewhat smaller
than Rancho Cucamonga’s, but Fontana is adding jobs at a more significant rate. Fontana’s resident
incomes are also only somewhat lower, but the concentration of highly educated residents is much lower
than in Rancho Cucamonga. The cities of Redlands and Eastvale may be competitive with Rancho
Cucamonga for attracting highly skilled workers, although the small employment base in both cities may
disadvantage them.
Tables 23 and 24 show Rancho Cucamonga compared to Irvine and Pasadena. Rancho Cucamonga is
currently less comparable to these cities than to its neighboring cities but still shares some notable
characteristics. Irvine has a larger and faster growing resident population and employment base than
Page 396 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 38
Rancho Cucamonga, and Irvine has a higher concentration of highly educated residents and higher
incomes. Irvine’s employment base is also currently structured somewhat differently compared to Rancho
Cucamonga. While Irvine also has a sizable manufacturing sector (13 percent of total jobs), 1 the city’s
largest sector is in professional, scientific and technical services, which accounts for 17 percent of total jobs
compared to approximately 5 percent of jobs in Rancho Cucamonga (Table 15). However, Rancho
Cucamonga has an expanding professional, scientific and technical services industry, and like Irvine has
high access to education and an airport.2
Compared to Irvine, Rancho Cucamonga currently shares more in common with Pasadena. Incomes are
slightly higher in Rancho Cucamonga than in Pasadena, and while Pasadena has a larger employment
base, it is not growing as fast as Rancho Cucamonga. However, there is a larger share of higher-educated
residents in Pasadena relative to Rancho Cucamonga. Like Irvine and Rancho Cucamonga, Pasadena has
high access to higher education institutions and is relatively close to an airport (Burbank Airport).
Table 21: Neighboring Cities Attributes Summary
Total
Population
(2021)
Population
Growth
(2010-2021)
Bachelor's
Degree or
Higher
(2021)
Median
Income
(2021)
Total
Employment
(2019)
Job Growth
(2011-2019)
Rancho
Cucamonga 173,946 8.2% 37% $97,046 62,463 15%
Riverside 314,858 4.8% 24% $76,755 128,236 14%
San Bernardino 220,821 5.6% 22% $55,372 94,509 10%
Fontana 208,087 9.8% 20% $83,468 53,640 25%
Ontario 175,223 6.1% 19% $71,908 87,077 34%
Redlands 72,649 5.5% 44% $87,184 26,025 29%
Eastvale 68,539 39.5% 41% $141,827 14,486 197%
1 U.S. Census Bureau, LEHD 2019.
2 The City of Irvine is home to the University of California Irvine and is located near John Wayne Airport.
Page 397 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 39
Table 22: Neighboring Cities Indexed to Rancho Cucamonga
Total
Population
(2021)
Population
Growth
(2010-2021)
Bachelor's
Degree or
Higher
(2021)
Median
Income
(2021)
Total
Employment
(2019)
Job Growth
(2011-2019)
Rancho
Cucamonga 100% 100% 100% 100% 100% 100%
Riverside 181% 58% 65% 79% 205% 92%
San Bernardino 127% 68% 60% 57% 151% 66%
Fontana 120% 120% 53% 86% 86% 167%
Ontario 101% 74% 51% 74% 139% 229%
Redlands 42% 67% 120% 90% 42% 196%
Eastvale 39% 482% 113% 146% 23% 1313%
Table 23: Southern California Comparable Cities Attributes Summary
Total
Population
(2021)
Population
Growth
(2010-2021)
Bachelor's
Degree or
Higher
(2021)
Median
Income
(2021)
Total
Employment
(2019)
Job Growth
(2011-2019)
Rancho
Cucamonga 173,946 8.2% 37% $97,046 62,463 15%
Irvine 297,868 49.6% 69% $114,027 257,836 25%
Pasadena 138,771 1.7% 53% $89,661 98,366 5%
Table 24: Southern California Comparable Cities Indexed to Rancho Cucamonga
Total
Population
(2021)
Population
Growth
(2010-2021)
Bachelor's
Degree or
Higher
(2021)
Median
Income
(2021)
Total
Employment
(2019)
Employment
Growth
(2011-2019)
Rancho
Cucamonga 100% 100% 100% 100% 100% 100%
Irvine 171% 606% 188% 117% 413% 166%
Pasadena 80% 21% 146% 92% 157% 31%
Page 398 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 40
Retail Analysis
This section describes retail spending trends in Rancho Cucamonga and reviews categories of retail
businesses and their potential “fit” for Rancho Cucamonga.
Restaurant and food and beverage sales are stronger in Rancho Cucamonga compared to the County
overall. In 2021, estimated taxable sales per household for food services and driving and food and beverage
services were higher in Rancho Cucamonga than in San Bernardino County. The City also had stronger
sales in home furnishing and appliances and about the same performance of sales for general merchandise.
Sales were stronger in several categories in the County compared to Rancho Cucamonga including apparel,
automotive-related parts and services, and other retail.
Figure 35: Taxable Sales per Household, 2021
Source: ACS, 5-Year Est, 2021; California Department of Tax and Fee Administration, 2021.
Retail Fit Analysis
This section reviews a select group of retail categories and the likelihood of businesses locating in Rancho
Cucamonga based on the location preferences of the businesses.
• Grocery Stores. Rancho Cucamonga is currently a strong fit for grocery stores specializing in
products from Central and South America (Table 25). Northgate Market and Cardenas Market both
target areas to locate with highly concentrated Hispanic and Latino populations. A large share of
Rancho Cucamonga’s population identifies as Hispanic or Latino (Tables 3 and 4). The City is only
a moderate fit for higher-end grocery stores such as Gelson’s and Whole Foods. These businesses
typically prefer locations with higher population densities.
$-
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
Taxable Sales Per HouseholdRancho Cucamonga San Bernardino County
Page 399 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 41
• Restaurants. Rancho Cucamonga is currently a strong fit for fast casual and mid-tier full-service
restaurants but may have trouble attracting high-end full-service restaurants (Table 26). The
relatively high incomes in Rancho Cucamonga are an attractive quality for restaurant businesses,
and the City’s concentration of college-educated residents is particularly preferable to fast casual
restaurants. High-end full-service restaurants generally prefer to locate near areas with strong
office and hotel activity, and in areas with higher population density than currently in Rancho
Cucamonga.
• Coffee Shops. Coffee shops in general prefer to locate in areas with high morning and daytime
populations and areas with college-educated residents (Table 27). Rancho has a well-educated,
relatively wealthy population, which is attractive for coffee businesses. Among the types of coffee
shops, Rancho Cucamonga is a fit for mid-tier coffee shops (Table 25). Examples of these types
of coffee shops include Dutch Bros. Coffee and Peet's Coffee & Tea. Higher-tier coffee businesses
such as Blue Bottle Coffee, Philz, and Verve, prefer to locate in areas with higher population
densities than found in Rancho Cucamonga such as Downtown Santa Monica and Downtown
Pasadena, where some of these businesses are currently located.
• Breweries. High to mid-tier breweries are likely to locate in Rancho Cucamonga (Table 28). The
City’s demographics are generally a good fit, including the preferred age range for some breweries,
which is between 34 to 54 years. However, some breweries may prefer locations with higher
population densities than currently in Rancho Cucamonga.
Table 25: Retail Fit Grocery Stores Summary
Category
Rancho
Cucamonga
Existing Fit
Example
Businesses
Sf. Size
Requirements
Min.
Population
Within 1-3
Miles
Avg.
Household
Income
High-End Moderate
Gelson's Markets,
Bristol Farms, Whole
Foods Market 20,000 -
60,000
200,000 $75,000
Targeted Strong Northgate Market,
Cardenas Market - -
Retail Lease Trac, 2022.
Page 400 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 42
Table 26: Retail Fit Restaurants Summary
Category
Rancho
Cucamonga
Existing Fit
Example
Businesses
Sf. Size
Requirements
Min.
Population
Within 1-3
Miles
Avg.
Household
Income
High-End
Full-Service Moderate
Morton's
Steakhouse, Il
Fornaio, Ocean
Prime Seafood
Steaks & Cocktails,
Truluck's, Nick's
Restaurants, Meat
On Ocean, Mastro's
Steakhouse
3,000 - 11,000 200,000 $75,000
Mid-Tier
Full-Service Strong
Mixt, Breakfast
Republic, The
Boiling Crab,
Bonefish Grill,
Eureka!, Wood
Ranch BBQ & Grill,
Sage Plant Based
Bistro & Brewery
2,000 - 6,500 35,000 $75,000
Fast
Casual Strong
Cava Grill, Einstein
Bros., Noah's
Bagels, Le Pain de
Quotidien,
Lemonade,
Mendocino Farms,
Salt and Straw,
Tender Greens,
Umami Burger
1,000 - 4,500 - $60,000
Retail Lease Trac, 2022.
Table 27: Retail Fit Coffee Shops Summary
Category
Rancho
Cucamonga
Existing Fit
Example
Businesses
Sf. Size
Requirements
Min.
Population
Within 1-3
Miles
Avg.
Household
Income
Top-Tier Moderate
Blue Bottle Coffee,
Philz Coffee, Verve
Coffee Roasters,
Intelligentsia
1,500 - 2,500 200,000 $60,000
Mid-Tier Strong
Dutch Bros. Coffee,
Peet's Coffee &
Tea, Better Buzz
Coffee, Urth Caffe
800 - 2,500 20,000 -
100,000 $50,000
Retail Lease Trac, 2022.
Page 401 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 43
Table 28: Retail Fit Breweries Summary
Category
Rancho
Cucamonga
Existing Fit
Example
Businesses
Sf. Size
Requirements
Min.
Population
Within 1-3
Miles
Avg.
Household
Income
Mid-Tier Strong
Voodoo Brewing
Co., Granite City
Food & Brewery,
Board & Brew, BJ's
Restaurant &
Brewhouse
5,000 - 8,000 150,000 $60,000
Retail Lease Trac, 2022.
Page 402 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 44
Appendix
Table A-1: Target Industry Definitions
NAICS Industry
Rancho
Cucamonga
Employment
(2021)
Food and Beverage Manufacturing 1,398
3118 Bakeries and Tortilla Manufacturing 82
3119 Other Food Manufacturing 145
3121 Beverage Manufacturing 458
4244 Grocery and Related Product Merchant Wholesalers 713
Medical Manufacturing 1,955
3254 Pharmaceutical and Medicine Manufacturing 1,771
3391 Medical Equipment and Supplies Manufacturing 91
4242 Drugs and Druggists' Sundries Merchant Wholesalers 25
423450 Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers 68
Advanced Manufacturing 1,974
3241 Petroleum and Coal Products Manufacturing 13
3252 Resin, Synthetic Rubber, and Artificial and Synthetic Fibers/Filaments Manufacturing 62
3259 Other Chemical Product and Preparation Manufacturing 29
3271 Clay Product and Refractory Manufacturing 4
3311 Iron and Steel Mills and Ferroalloy Manufacturing 120
3313 Alumina and Aluminum Production and Processing 34
3315 Foundries 180
3331 Agriculture, Construction, and Mining Machinery Manufacturing 21
3332 Industrial Machinery Manufacturing 119
3333 Commercial and Service Industry Machinery Manufacturing 438
3336 Engine, Turbine, and Power Transmission Equipment Manufacturing 8
3339 Other General Purpose Machinery Manufacturing 23
3344 Semiconductor and Other Electronic Component Manufacturing 228
3345 Navigational, Measuring, Electromedical, and Control Instruments Manufacturing 48
3363 Motor Vehicle Parts Manufacturing 46
3364 Aerospace Product and Parts Manufacturing 227
3369 Other Transportation Equipment Manufacturing 10
3399 Other Miscellaneous Manufacturing 364
Page 403 of 404
City of Rancho Cucamonga | Economic Development Strategic Plan | Background Report 2023 45
NAICS Industry
Rancho
Cucamonga
Employment
(2021)
Finance, Insurance, and Real Estate 6,389
5241 Insurance Carriers 2,110
5242 Agencies, Brokerages, and Other Insurance Related Activities 776
5221 Depository Credit Intermediation 448
5222 Nondepository Credit Intermediation 516
5223 Activities Related to Credit Intermediation 29
5231 Securities and Commodity Contracts Intermediation and Brokerage 4
5239 Other Financial Investment Activities 244
5259 Other Investment Pools and Funds 10
5311 Lessors of Real Estate 199
5312 Offices of Real Estate Agents and Brokers 1,392
5313 Activities Related to Real Estate 61
Professional Services 2,707
5411 Legal Services 683
5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services 533
5413 Architectural, Engineering, and Related Services 937
5414 Specialized Design Services 103
5418 Advertising, Public Relations, and Related Services 451
Source: Data Axel, 2022.
Page 404 of 404
Economic
Development
Strategy
Planning and Economic Development Department
October 4, 2023
General
Plan
Economic Development Strategy | 2023
The General Plan lays out a path towards
building a 21st century world-class community
that is grounded in the foundational core
values
Health |Equity |Stewardship
2
Economic Development
Division
Economic Development Strategy | 2023
•Hiring of new team members
•Preparing a Marketing and Communications Plan
•Updating the 2015 Economic Development Strategic Plan
3
About
EDS
Economic Development
Objectives
Economic Development Strategy | 2023
Improve health outcomes through
economic attainment
4
Provide high-quality public services and
amenities
Grow the local economy
Diversify the local economy
Build economic health and long-term
fiscal resiliency
Strengths,
Opportunities and
Challenges
Economic Development Strategy | 2023 5Economic Development Strategy | 2023Economic Development Strategy | 2023
Strengths*
Economic Development Strategy | 2023
•High-quality transportation access
•Located near major population and employment
centers
•Proximity to complementary manufacturing
businesses and skilled talent in the local region
•Access to education opportunities that complement
key industries in Rancho Cucamonga
•Strong performing commercial real estate
•World class public safety improves trust, desirability
and attractiveness of the Community or City
6* Partial list. To view full list of Strengths, refer to the Economic Development Strategy
Challenges*
Economic Development Strategy | 2023
•Lack of downtown/city core identity
•Potential retail spending leakage
•Lack of population densities to attract higher-end
retailers
•Mismatch between resident worker talent and city
employment opportunities
7* Partial list. To view full list of Challenges, refer to the Economic Development Strategy
Opportunities
*
Economic Development Strategy | 2023
•Leverage transportation infrastructure projects to
build a thriving HART District
•Attract high-wage and high-skill jobs that match
City resident population
•Expand entertainment options unique to Rancho
Cucamonga
8* Partial list. To view full list of Opportunities, refer to the Economic Development Strategy
Goals and
Strategies
Economic Development Strategy | 2023 9Economic Development Strategy | 2023
Economic Development Strategy | 2023 20XX 10
Goal #1
Grow and Diversify the City’s Economy
•Grow the City’s Target Industry Sectors
•Market to businesses the advantages of locating in the City
•Recruit and retain international companies
•Connect businesses with commercial space opportunities in the City
•Support the construction and redevelopment of commercial
properties
Economic Development Strategy | 2023 11
Goal #2
Enhance the Quality of Life
•Establish and promote the City’s Downtown location
•Promote and grow the HART District
•Host and sponsor community and special events
•Explore potential locations in the City that may benefit from
enhanced revenues and services
•Promote the City’s historic cultural resources
Economic Development Strategy | 2023 12
Goal #3
Expand Retail, Entertainment, and
Hospitality
•Explore opportunities for retail business recruitment
•Cultivate a cluster of breweries, wineries, and tasting rooms in the
City
•Attract restaurants to the City that are destination driven
•Explore opportunities to expand hospitality in the City
Economic Development Strategy | 2023 13
Goal #4
Foster Growth of Local Businesses and
Workforce
•Expand higher education institutions in the City
•Cultivate local innovation
•Provide support for small businesses
•Enhance data collection to track business activity in the City
•Connect students, job seekers, and employers with workforce
development opportunities
Economic Development Strategy | 2023 14
Target Industries
Economic Development Strategy | 2023 15Economic Development Strategy | 2023
Target Industries
Advanced
Manufacturing
Medical
Manufacturing
Food and
Beverage
Manufacturing
Finance,
Insurance and
Real Estate
Professional
and Medical
Services
Economic Development Strategy | 2023 16
Firms & Employment
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Location Quotient
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Industry Concentration & Growth
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Job Multipliers & Linkages
20XX
Forward Linkages
Wages earned are spent in other
economic sectors.
EX: Automobile workers & suppliers'
employees spend income in restaurants
& stores
Backward Linkages
Production in 1 industry depends on
suppliers in others.
EX: Automobile production =backward
linkages to industries that produce
tires, glass, steel, etc.
Looking
Ahead
Economic Development Strategy | 2023
The EDS will advance the long-term vision
of making Rancho Cucamonga the
cultural and economic hub
of the Inland Empire
21
Next
Steps
Economic Development Strategy | 2023 22
Presentation Action
Planning Commission Comments and Feedback
City Council Consideration to Approve
Economic Development
Strategy
EDS Implementation Ongoing Upon Approval
Thank you
Economic Development Strategy | 2023 23