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HomeMy WebLinkAboutItem 11 - HPE Server and Controllers Information Technology www.santa-ana.org/IT Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 2, 2026 TOPIC: HPE Server and Controllers AGENDA TITLE Purchase Order to Hewlett Packard Enterprise Company for an HPE Server and Controllers (Specification No. 26-071) (Non-General Fund) RECOMMENDED ACTION Authorize a Purchase Order to Hewlett Packard Enterprise Company for an HPE Server and Controllers in an amount not to exceed $139,585. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The City of Santa Ana uses the enQuesta Customer Information System (CIS) as the primary platform for managing customer accounts, billing, and revenue for its water, refuse, sewer, and related municipal utility services. The system is integral to the City's financial operation and customer service delivery. The existing server that hosts the enQuesta CIS system was purchased in 2020 and is currently experiencing critical storage capacity limitations. In order to mitigate any operational risks and to maintain the integrity of the City's utility billing operations, staff recommends replacing the server to ensure continued system reliability, protect revenue operations, and support high-quality customer service. The cost for the server is $70,206. The existing storage infrastructure at the City Hall and Police Department data centers is approaching end-of-support status. Upgrading the controller units on each platform provides a cost-effective opportunity to extend the operational life of these systems and maximize the value of the City's existing technology investments for at least an additional five years. The cost for the new controllers is $69,379. Santa Ana Municipal Code, Section 2-807(d), authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The NASPO HPE Server and Controllers June 2, 2026 Page 2 Agreement No. 23008 (CA Participating Addendum No. 7-23-70-55-03-CA) with Hewlett Packard Enterprise Company (Exhibit 1) for computer equipment, peripherals, and related services was awarded as a result of open, competitive bidding and meets the City's requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in current FY 2025-26 budget. Fiscal Accounting Fund Description Accounting Unit— Amount Year I Unit -Account Account No. No. Description 2025-26 06017646- PWA— Water Meter Contract Services $45,634 62300 Services Professional 2025-26 06917640- PWA— Refuse Contract Services $11,934 62300 Collection Service Professional 2025-26 06817640- PWA— Contract Services $7,722 62300 Environment/Sanitation Professional 2025-26 05617640- PWA— Sanitary Sewer Contract Services $4,916 62300 Service Professional , 2025-26 10920149- Information Technology IT Projects, $69,379 66400 Machinery & -Equipment Total $139,585 EXHIBIT(S) 1. NASPO/ Hewlett Packard Enterprise Company Agreement Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nunez, City Manager STATE OF CALIFORNIA PARTICIPATING ADDENDUM NUMBER 7-23-70-55-03 AMENDMENT 3 Computer Equipment, Peripherals & Related Services Minnesota NASPO ValuePoint Master Agreement Number 23008 Hewlett Packard Enterprise Company (Contractor) The parties mutually agree to amend Participating Addendum 7-23-70-55-03 as follows: 1) Agreement is extended from June 30, 2026, to June 30, 2027. Section 2. TERM, subparagraph A is revised to read as follows: A. The term of this Participating Addendum shall begin upon signature approval by the State and will end June 30, 2027, or upon termination by the State, whichever occurs first. All other terms and conditions of the Participating Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below. STATE OF CALIFORNIA CONTRACTOR Department of General Services Hewlett Packard Enterprise Company Agency Name Contractor Name Digitally signed by Julie Digitally signed by Nicole J u I i e Matthews Hadley Matthews Date:202.05.06 5 6 2026 Nicole Hadle y ate:-07'0 2026.04.0614:03:21 4/6/2026 Authorized Signature Date Signed Authorized Signature Date Signed Julie Matthews, MAU2 Supervisor Nicole Hadley, Contract Negotiator Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street 1701 East Mossy Oaks Road West Sacramento, CA 95605 Spring, TX 77389 Address Address Page 1 of 1 STATE OF CALIFORNIA PARTICIPATING ADDENDUM NUMBER 7-23-70-55-03 AMENDMENT 2 Computer Equipment, Peripherals & Related Services Minnesota NASPO ValuePoint Master Agreement Number 23008 Hewlett Packard Enterprise Company (Contractor) The parties mutually agree to amend Participating Addendum 7-23-70-55-03 as follows: 1) Agreement is extended from June 30, 2025, to June 30, 2026. Section 2. TERM, subparagraph A is revised to read as follows: A. The term of this Participating Addendum shall begin upon signature approval by the State and will end June 30, 2026, or upon termination by the State, whichever occurs first. 2) Section 22. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) REPORTING is hereby deleted and replaced with the following: 22. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DEFINITIONS: For purposes of this Section, the following terms shall be given the meaning shown below. Capitalized terms used below and not defined in this Section shall have the meaning set forth in Section 1 (Definitions) or in the text of the IT General Provisions (rev. 06/21/2022). Artificial Intelligence (Al): an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments (Gov Code §§ 11549.64 & 11546.45.5). GenAl Training Data: any content, information, or data that is used to train, tune, test, or validate a GenAl, including text, images, video, audio, code, or similar types of input. Generated Data: any output, results, content, or other data that is produced by GenAl, including but not limited to text, images, video, audio, code, or similar types of output. Generative Al (GenAl): an Al system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's GenAl Training Data (Gov Code §11549.64). Page 1 of 3 Participating Addendum 7-23-70-55-03 Amendment 2 Hallucination: Generated Data that is nonsensical, false, or misleading, and is not based on real or existing data, but is instead produced by bias or the GenAl's extrapolation or creative interpretation of its Gen Al Training Data. Materially Impacts: shall have the same meaning set forth in State Administrative Manual (SAM) 4986.2. Prompt: any written, spoken, or rendered information provided as a query, command, or other form of input, to any GenAl in connection with this Contract. For avoidance of doubt, Prompt includes any input automatically detected or created by the GenAl, as well as any derivate works of a Prompt or collection of Prompts. GENAI DISCLOSURE OBLIGATIONS: Disclosure Obligations: a) Contractor must immediately notify the State in writing if it: (1) intends to provide GenAl as a Deliverable to the State; or (2) intends to utilize GenAI, including GenAl from third parties, to complete all or a portion of any Deliverable that materially impacts: (i) functionality of the System, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the same meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAl. b) Such notification shall be provided to the State designee identified in this Contract. c) At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAl that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State. d) If the use of previously undisclosed GenAl is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAl Special Provisions into the Contract, at no additional cost to the State. Failure to Disclose or Discontinue GenAl Use: The State, at its sole discretion, may consider Contractor's failure to disclose or discontinue the provision or use of GenAl as described above, to constitute a material breach of Contract when such failure results in a material impact to functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract, for default pursuant to Section 23 (Termination for Default) of the IT General Provisions (rev. 06/21/2022). Page 2 of 3 Participating Addendum 7-23-70-55-03 Amendment 2 All other terms and conditions of the Participating Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below. STATE OF CALIFORNIA CONTRACTOR Department of General Services Hewlett Packard Enterprise Company Agency Name Contractor Name ewsigned by Julie Julie Matth /'� /'� Matthews Date,2025.05.1517,0732 5/1 5/2025 7'00' ,& 4LjLa_ 5/6/COLS Authorized Signature Date Signed Autl6ized Signature 9 Date Signed Julie Matthews, MAU2 Supervisor Nicole Hadley/Contract Negotiator Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street 1701 East Mossy Oaks Road West Sacramento, CA 95605 Spring, TX 77389 Address Address Page 3 of 3 STATE OF CALIFORNIA PARTICIPATING ADDENDUM NUMBER 7-23-70-55-03 AMENDMENT 1 Computer Equipment, Peripherals & Related Services Minnesota NASPO ValuePoint Master Agreement Number 23008 Hewlett Packard Enterprise Company (Contractor) The parties mutually agree to amend Participating Addendum 7-23-70-55-03 as follows: 1) Section 22. GENERATIVE ARTIFIFICAL INTELLIGENCE (GENAI) REPORTING is hereby added to read as follows: 22.GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) REPORTING The State of California seeks to realize the potential benefits of GenAl, through the development and deployment of GenAl tools, while balancing the risks of these new technologies. Upon request by an ordering agency, Contractor must complete a GenAl Reporting and Fact Sheet (STD 1000) to identify if their solution or service includes, or makes available, any GenAl including, GenAl from third parties or subcontractors. During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAl technology, including GenAl from third parties or subcontractors. Contractor shall immediately complete the GenAl Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAl technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAl technology that materially impacts functionality, risk or contract performance, until use of such GenAl technology has been approved by the State. Failure to disclose GenAl use to the State and submit the GenAl Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAl and/or failure to submit the GenAl Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure. The State reserves the right to amend the contract, without additional cost, to incorporate GenAl Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State. If Contractor identifies GenAl in their solution, a copy of the STD 1000 must be submitted to the DGS State Contract Administrator. Page 1 of 2 Participating Addendum 7-23-70-55-03 Amendment 1 All other terms and conditions of the Participating Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below. STATE OF CALIFORNIA CONTRACTOR Department of General Services Hewlett Packard Enterprise Company Agency Name Contractor Name Digitally Julie Matthews fined by Julie $/20/2024 Matthews Date:2024.10.2518:18:21 10/25/2024 �a� Z�� Authorized Signature Date Signed Authorized Signature Date Signed Julie Matthews, MAU2 Supervisor Debra Laird, Manager, Contract Negotiationsw Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street 1701 East Mossy Oaks Road West Sacramento, CA 95605 Spring, TX 77389 Address Address Page 2 of 2 STATE OF CALIFORNIA PARTICIPATING ADDENDUM NUMBER 7-23-70-55-03 Computer Equipment, Peripherals & Related Services Minnesota NASPO ValuePoint Master Agreement Number 23008 Hewlett Packard Enterprise Company (Contractor) This Participating Addendum Number 7-23-70-55-03 is entered into between the State of California, Department of General Services (hereafter referred to as "State" or "DGS") and Hewlett Packard Enterprise Company (hereafter referred to as "Contractor") under the lead state of Minnesota NASPO ValuePoint Master Agreement Number 23008. 1. SCOPE A. This Participating Addendum covers the purchase of computer equipment (desktops, laptops, tablets, servers, and storage, including related peripherals & services) under the Minnesota NASPO ValuePoint Master Agreement. The Minnesota NASPO ValuePoint Master Agreement is hereby incorporated by reference. Product/service categories included under this Participating Addendum are identified in Section 5 (Available Products and Services). B. This Participating Addendum is available for use by California state agencies and local governments. A local government is defined as any city, county, city and county, district, or other local governmental body, school district or corporation empowered to expend public funds. The State Agency Listing (https://www.ca.gov/agenciesall/) provides a comprehensive list of state agencies. C. Each local government is to make its own determination whether this Participating Addendum and the Minnesota NASPO ValuePoint Master Agreement are consistent with its procurement policies and regulations. 2. TERM A. The term of this Participating Addendum shall begin February 1, 2024, or upon signature approval by the State whichever occurs later, and will end June 30, 2025, or upon termination by the State, whichever occurs first. B. Lead state amendments to extend the NASPO ValuePoint Master Agreement term date are not automatically incorporated into this Participating Addendum. Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor. C. Order placement and execution shall be on or before the expiration of this Participating Addendum. However, delivery of products or completion of services may be up to 120 days after the Participating Addendum expiration date. Page 1 of 10 Participating Addendum 7-23-70-55-03 3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum. 1) General Provisions — Information Technology (GSPD-401 IT) effective 6/21/2022 2) Cloud Computing Software as a Service (SaaS) General Provisions effective 6/21/2022 3) Cloud Computing Special Provisions for Software as a Service (SaaS) effective 03/15/2018 B. Terms can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Required-Language-for-Solicitations-and-Contracts). 4. ORDER OF PRECEDENCE A. In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply: 1) California Participating Addendum Number 7-23-70-55-03 2) Minnesota NASPO ValuePoint Master Agreement Number 23008 5. AVAILABLE PRODUCTS AND SERVICES A. The following product and service offerings from the Minnesota NASPO ValuePoint Master Agreement Number 23008 are allowed under this Participating Addendum: 1) Band 3, Servers and Storage 6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES A. Configuration limits: The dollar limits identified below are based on a SINGLE computer/system configuration. This is NOT a restriction on the purchase of multiple configurations (e.g., an entity could purchase 10 laptops at $15,000 each, for a total purchase price of$150,000) ITEM CONFIGURATION Band 3 $1,000,000 Peripherals $10,000 Services Addressed in the customer specific Purchase Orders B. Services must be related to the procurement of equipment. Page 2 of 10 Participating Addendum 7-23-70-55-03 C. The following restrictions apply to state agency purchases under this Participating Addendum: 1) Product and service categories that are available on mandatory California statewide contracts cannot be purchased from this Participating Addendum by state agencies without an exemption. State agencies are responsible for obtaining a mandatory statewide contract exemption from DGS prior to issuing a purchase order. 2) Service-only purchases are disallowed. (Exception: Equipment maintenance service purchases are allowed). 3) Services that fall within the definition of"public works" as defined in Public Contract Code section 1101 and Labor Code section 1720 are disallowed under this Participating Addendum and must be procured by alternate means. This restriction is not applicable to local governments. 4) Leasing/rental is not allowed. 5) Professional services are not allowed. 7. PRICING A. Contractor's pricing is outlined in the Minnesota NASPO ValuePoint Master Agreement Number 23008. B. Contractor shall notify the State Contract Administrator of any amendments and pricing adjustments approved and executed by the state of Minnesota. 8. AUTHORIZED RESELLERS A. Contractor may use State-approved Authorized Resellers under this Participating Addendum for sales and service functions as defined herein. 1) Authorized Resellers must accept purchase orders and accept payment from ordering agencies for products and services offered under this Participating Addendum. 2) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements. 3) All purchase documents to Authorized Resellers shall reference the Participating Addendum Number and Contractor Name. Page 3 of 10 Participating Addendum 7-23-70-55-03 B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Authorized Resellers. All State policies, guidelines, and requirements shall apply to Authorized Resellers. C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements. D. Subject to the approval of the State, Authorized Resellers may be added on a quarterly basis during the term of the Participating Addendum. Contractors shall notify the State in writing of any deleted Authorized Resellers or changes to current Authorized Resellers' information at any time. E. Contractor will be required to submit Authorized Reseller requests, in a format specified by the State, to the State Contract Administrator for approval. F. State-approved Authorized Resellers will be posted on the State's Cal eProcure website. 9. SUBCONTRACTORS A. Nothing contained in this Participating Addendum or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. B. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted except for subcontractors listed on the Bidder Declaration (GSPD-05-105) provided to ordering agencies at the time an order is quoted. C. As the prime Contractor, Contractor is responsible for reports and fees required by the terms and conditions of the NASPO ValuePoint Master Agreement and Participating Addendum. D. Any subcontract in excess of$25,000, entered into as a result of this Participating Addendum, shall contain all the provisions stipulated in this Participating Addendum to be applicable to subcontractors. Page 4 of 10 Participating Addendum 7-23-70-55-03 10.ORDERING AGENCY RESPONSIBILITIES A. State agency and local government use of this Participating Addendum is optional. B. State agencies and local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum. User Instructions are posted on the State's Cal eProcure website. C. All purchase orders executed under this Participating Addendum shall include the Participating Addendum Number 7-23-70-55-03. 11.STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC) A. State agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery's State Agency Buy Recycled Campaign (SABRC) per Public Contract Code sections 12200-12217. B. Contractor will be required to complete and return a Postconsumer Recycled- Content Certification form (https://calrecycle.ca.gov/buyrecycled/stateagency/vendored/form74guide/) upon request by the state agency. 12.DELIVERY A. Delivery shall occur within 30 days after receipt of order, or as negotiated between ordering agency and Contractor and included in the purchase order, or as otherwise stipulated in the NASPO ValuePoint Master Agreement. B. Free On Board (F.O.B.) Destination, freight prepaid by the Contractor, to the ordering agency's receiving point. 13.INVOICING AND PAYMENT A. Payment will be made in accordance with IT General Provisions Paragraph 30 (Required Payment Date). B. Invoices shall be sent to the address identified in the ordering agency's purchase order. The Participating Addendum Number and ordering agency purchase order number shall appear on each invoice for all purchases placed under this Participating Addendum. C. Contractor will accept the State of California credit card (CAL-Card) for payment of invoices. Page 5 of 10 Participating Addendum 7-23-70-55-03 14.USAGE REPORTING A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report is due even when there is no activity. B. The State Contract Administrator reserves the right to modify Attachment A and require Contractor to provide additional order information during the course of this Participating Addendum. C. The report shall be an Excel spreadsheet transmitted electronically to the DGS Cooperatives mailbox (PDCooperatives@dgs.ca.gov). D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five (5) business days of the date of written notification from the State. E. Tax must not be included in the report, even if it is on the purchase order. F. Reports are due for each quarter as follows: Reporting Period Due Date January 1 to March 31 April 30 April 1 to June 30 July 31 July 1 to September 30 October 31 October 1 to December 31 January 31 G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this Participating Addendum. H. Time extensions may be approved only if all due reports have been submitted to the State. 15.ADMINISTRATIVE FEE A. Contractor is required to remit to DGS an administrative fee amount equal to 1.25% of the sales for the quarterly reporting period less freight, taxes, returned products and credits. (For example, if the net sales for the reporting quarter totals $100,000.00, the incentive fee due to DGS would be $1,250.00.) B. The administrative fee shall not be included as an adjustment to Contractor's NASPO ValuePoint Master Agreement pricing. C. The administrative fee shall not be invoiced or charged to the ordering agency. Page 6 of 10 Participating Addendum 7-23-70-55-03 D. Payment of the administrative fee is due irrespective of payment status from ordering agencies. E. Payment may be made in the form of an electronic payment using the LPA Payment Portal website (https://www.dgs.ca.gov/PD/Services/Page- Content/Procu re ment-Division-Services-List-Fold er/Access-LPA-Payment-Portal) or by submitting a check payable to the State of California, Department of General Services. F. Administrative fee payments made by check must include the Participating Addendum Number on the check and be submitted to the following address: Department of General Services Procurement Division Attn: MAPS Payment Processing 707 Third Street, 2nd Floor West Sacramento, CA 95605 G. Administrative fee payments are due for each quarter as follows: Reporting Period Due Date January 1 to March 31 April 30 April 1 to June 30 July 31 July 1 to September 30 October 31 October 1 to December 31 January 31 H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this Participating Addendum. 16.CONTRACT MANAGEMENT A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows: Contractor Contract Manager Name: Nancy Schwarz Phone: (480) 636-0267 Fax: n/a Email nancy.schwarz@hpe.com Address: Hewlett Packard Enterprise Company Attn: Nancy Schwarz 1701 East Mossy Oaks Road Spring, TX 77389 Page 7 of 10 Participating Addendum 7-23-70-55-03 B. The State Contract Administrator for this Participating Addendum shall be as follows: State Contract Administrator Name: Katelynne Leisenring Phone: (279) 946-8129 Email katelynne.leisenring@dgs.ca.gov Address: State of California Department of General Services Procurement Division 707 Third Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605 C. Should the contact information for either party change, the party will provide written notice with updated information no later than ten (10) business days after the change. 17.TERMINATION OF AGREEMENT The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible, and intangible, as may facilitate the orderly, non-disrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective. 18.AMENDMENT No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties. 19.NEWS RELEASES Unless otherwise exempted, news releases, endorsements, advertising, and social media content pertaining to this Participating Addendum shall not be made without prior written approval from the State. Page 8 of 10 Participating Addendum 7-23-70-55-03 20.EXECUTIVE ORDER N-6-22 — RUSSIA SANCTIONS On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Participating Addendum. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response. Termination shall be at the sole discretion of the State. 21.AGREEMENT A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations, or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms. B. By signing this Participating Addendum, Contractor agrees to offer the same products/services available on the Minnesota NASPO ValuePoint Master Agreement Number 23008, at prices equal to or lower than the prices on that agreement. Page 9 of 10 Participating Addendum 7-23-70-55-03 IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below. STATE OF CALIFORNIA CONTRACTOR Department of General Services Hewlett Packard Enterprise Company Agency Name Contractor Name Digitally signed by Julie Julie Matthew Matthews 08e:2024.01.1107:28:38 1/11/2024 12/19/2023 00, Authorized Signature Date Signed Authorized Signature Date Signed Julie Matthews, MAU2 Supervisor Debra Laird, Manager, Contract Negotiations Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street 1701 East Mossy Oaks Road West Sacramento, CA 95605 Spring, TX 77389 Address Address Page 10 of 10