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HomeMy WebLinkAboutItem 12 - Early Literacy Station Tablets Library www.santa-ana.org/library Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 19, 2021 TOPIC: Early Literacy Station Tablets AGENDA TITLE: Approve a Sole Source Purchase Order to AWE Acquisition, Inc. for the Purchase of Early Literacy Station Tablets (Revive Santa Ana Program) RECOMMENDED ACTION Approve a sole source purchase order to AWE Acquisition, Inc. for the purchase of 15 Early Literacy Station tablets and a two-year warranty for a total amount of $59,806.25, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION A Revive Santa Ana-funded program, the Play and Learn, Early Childhood Initiative addresses the critical need to improve digital literacy and build technology skills in underserved Santa Ana youth. In alignment with American Rescue Plan Act (ARPA) funding guidelines (which is the source of funding for Revive Santa Ana), the Library Services Department proposes to purchase 15 AWE Early Literacy Station (ELS) tablet computers to offer structured digital learning solutions and educational assistance to young children in specific U.S. Department of Housing and Urban Development (HUD)-qualifying census tracts and throughout the city. This initiative will increase equitable access to specialized technology that will help children with school readiness, early education, skill-building, and social and emotional development. Unlike other educational tablets designed for children, the AWE ELS tablets are specially designed to allow libraries to tailor and add on additional software packages to support their users. The devices are pre-loaded with award-winning educational software titles that span all STREAM (Science, Technology, Reading, Engineering, Art and Music, and Math) subject areas. The Library will offer these mobile tablets for in-house use to increase children’s familiarity with technology on an educational and child-friendly platform, enhance the development of literacy skills at an early age, and help support children to succeed later in their academic and professional careers. Early Literacy Station Tablets October 19, 2021 Page 2 2 1 4 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and made available in the following account for the specified year. Fiscal Year Accounting Unit-Account # Fund Description Accounting Unit, Account Description Amount FY 21-22 18111013-63001 American Rescue Plan Act (ARPA) ARPA-Library, Miscellaneous Operating Expenses $59,806.25 EXHIBIT(S) 1. Quote Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Kristine Ridge, City Manager Date: Valid until: Item Number Quantity Unit Cost Total BLS+15 3,998.00$ 59,970.00$ Individual Prices Base Unit Bi-Lingual Spanish Platinum 3,499.00$ Add Edge Content 499.00$ Optional Accidental Damage Warranty (for each Tablet): ADW-2YR Accidental Damage Warranty: including two (2) years accidental damage hardware warranty 15 200.00$ 3,000.00$ Tablet Specific Options: BUMPER 15 40.00$ 600.00$ Options: DJHP-AWE 0 30.00$ -$ Y SPLITTER 0 5.00$ -$ 627X2D1 2N4KYJ1 DWQP2D1 3N4KYJ1 C24Q2D1 JM4KYJ1 FM4KYJ1 MSAA75F3S0102411 RECYCLING FEE 15 4.00$ 60.00$ DISCOUNT 10.00%(5,997.00)$ -$5,997.00 DISCOUNT (150.00)$ (2,250.00)$ -$2,250.00 DISCOUNT (50.00)$ (750.00)$ -$750.00 *SHIPPING Shipping - Tablets 15 25.00$ $375.00 * Surcharge for Alaska and Hawaii will be applied 9.250%4,798.25$ Market:TOTAL $59,806.25 CA_Plat_2021 9/20/2021 (Signature) Date (Signature)Date (Print Name) (Title) * All invoices are sent via email unless otherwise requested Check here if you require a paper invoice Name: Organization: Address: City, State, Zip: Phone / Fax: Email: PAYMENT TYPE: Email:Phone: Email:Phone: Warranty & Upgrade Contact NAME: 2501 Seaport Drive, Suite # 410 SH • Chester • Pennsylvania, 19013 Phone (610) 833-6400 • Fax (610) 833-6440 • Email: orders@awelearning.com • www.awelearning.com © 2017 AWE Acquisition, Inc. All Rights Reserved.Confidential & Proprietary 28 Civic Center Plaza Address:28 Civic Center Plaza Net 15 Terms or Credit Card: ___ VISA ___ MC ___ DISC ___ AMEX / # __________-__________-__________-__________ EXP._________ NAME ON CREDIT CARD (If Applicable): ______________________________________ Key (primary AWE) Contact NAME: 714.647.6283 Phone / Fax:714.647.6283 larroyo@santa-ana.org Email:larroyo@santa-ana.org Santa Ana, CA 92701 City, State, Zip:Santa Ana, CA 92701 Lupita Arroyo Name:Lupita Arroyo Santa Ana Public Library Organization:Santa Ana Public Library Email Address & Phone Number From where do the funds for this purchase originate? ________________________________________________ Bill To Information Ship To Information When fully executed, this document, including the attached Terms and Conditions which are incorporated herein by reference, is a binding Agreement Sandi Walter (Print Name) / (Title) Senior Account Executive AWE Acquisition, Inc.Santa-Ana Public Library Sandi Walter Estimated Sales Tax ――► Library [LIB-LIB] If you are exempt, please include a copy of your sales tax certificate NOTE: An authorized customer contact should sign and return a copy of this quote to AWE within 30 days, to accept this price quote American Rescue Plan Trade-in Program Additional CALIFA Discount California State Recycling Fee (screen 4"- 14") Tax Exempt Customer Trade In Program : S/N:S/N: 14ZK8C1 CM4KYJ1 1N4KYJ1 DM4KYJ1 BM4KYJ1 HM4KYJ1 GM4KYJ1 Audio Y-splitter cable, 6 inch (allows 2 set of headphones simultaneously) AWE headphones with volume control, 90-Day limited warranty American Rescue Plan Purchase Quotation – Platinum Quotation developed for:Lupita Arroyo September 20, 2021 Organization ("Customer"):Santa-Ana Public Library December 24, 2021 Protective bumper for tablets ELS Bi-Lingual Spanish Platinum + Edge Product Tablet Model: Please open your product upon receipt to confirm a safe delivery . You have 30 days to request an exchange for equipment damaged in shipping. THANK YOU FOR YOUR BUSINESSf! THANK YOU FOR YOUR BUSINESS!THANK YOU FOR YOUR BUSINESS!THANK YOU FOR YOUR BUSINESS!THANK YOU FOR YOUR BUSINESS! © 2017 AWE Acquisition, Inc. All Rights Reserved.Confidential & Proprietary 2501 Seaport Drive, Suite # 410 SH • Chester • Pennsylvania, 19013 Phone (610) 833-6400 • Fax (610) 833-6440 • Email: orders@awelearning.com • www.awelearning.com THANK YOU FOR YOUR BUSINESSf!Terms and Conditions General: These Terms and Conditions are incorporated by reference into each Quotation or Purchase Agreement with an invoice to Custome r, and form part of a legally binding agreement between Customer and AWE Acquisition, Inc. (“AWE”), which are referred to herein as either “Terms and Conditions” or this “Agreement.” Customer agrees to these Terms and Conditions by 1) entering into a Purchase Agreement with AWE; 2) accepting delivery of and/or using the material or service provided by AWE to Customer; or 3) downloading, installing or using any software or content provided to you by AWE. These Terms and Conditions are subject to change without prior notice. Invoicing and Payment: AWE will invoice Customer for all AWE learning products and related accessories when they are shipped to the Customer. AWE will invoice Customer for subscription and renewal products including all ELF™products and Platinum Online when activated. All invoices are sent via e - mail unless Customer provides a written request for a hardcopy. Emailed invoices are binding as a paper invoice even if a paper invoice is requested. Customer agrees to make payment for the full invoice amount due to AWE according to the invoice to Customer within 15 days of the invoice date (“Due Date”). Any payment received after the Due Date is considered past due (“Past Due”). Returns and Exchanges: Customer has thirty (30) calendar days to return or exchange a hardware item from the date it was received. Only items that have been purchased directly from AWE can be returned or exchanged. To return or exchange an item to AWE, Customer must first email support@awelearning.com to request a return merchandise authorization (RMA) number. All returned items must be repackaged in their original packaging with all cords, adaptors, and documentation that were included with the original shipment. Partial returns will not be accepted.All returns must be received by AWE within twenty (20) calendar days from the RMA issuance date. A restocking fee of 15% (of the purchase price) will be charged to Customer for all returns and exchanges. Customer is responsible for all applicable return shipping and packaging costs.AWE Learning will provide a return shipping label; associated costs will be deducted from your order refund for return postage.No returns or exchanges are accepted on ELF Child- Safe Browser™,ELF Reading & Reference™,or Platinum Online subscription licenses. Delinquent Payment: The Customer agrees to pay interest on all Past Due amounts at the lesser of 1.5% per month or the highest rate allowed by law. In the event legal action is required to collect any amount due, Customer also agrees to pay collection costs and attorney’s fees incurred by AWE in a successful collection effort. AWE may suspend services, suspend further shipment of product(s) and/or terminate the Agreement in the event that Customer fails to make full payment within thirty (30) days after receiving notice of delinquency. Notice of delinquency may be sent via email or hard copy. Termination of the Agreement shall not alter Customer’s obligation to make full payment under this Agreement. End User Rights Granted: Access to and use of ELF™, Platinum Online and other software, and all other information, administrative tools, and documentation that may be included in or with AWE products (the "Content") are non-exclusively licensed, and not sold, to Customer, without the right to grant sublicenses, re-sell, distribute or otherwise commercially exploit. During the term of this license and any subsequent license renewals (the "License Period"), AWE grants the Customer the right only to use the Content as an End User. Customer shall not copy in whole or in part (except for back-up purposes only), reproduce, modify, adapt, translate, auction, loan, lease, assign or transfer the Content, or create der ivative works based upon the Content. The ELF Child-Safe Browser™or ELF Reading & Reference™is licensed for the number of building licenses granted by this Agreement. The Platinum Online Service includes one master account and a number of concurrent logins as set forth on the Purchase Quotation. AWE defines a building or location license as a maximum of 500 active installations distributed from a discrete Customer location. Customer obtains no right, title or interest to any intellectual property owned by AWE or residing in the Content. Any unauthorized use by Customer of the Content shall immediately and automatically terminate the license granted herein. Limited Warranty on Hardware:Hardware warranties are an extension of, and limited to, the OEM warranty. AWE warrants that hardware products and accessories sold by AWE will be free against defects in materials and workmanship when used normally during the warranty period.Warranty periods vary by product. The Warranty does not cover defects or problems resulting from: (i) External causes such as accident, abuse,misuse, or electrical power problems; (ii) Servicing not authorized by AWE; (iii) Usage not in accordance with product instructions; (iv) Improper or unauthorized maintenance or modification; or (v) Usage of accessories, parts, or components not supplied or supported by AWE. This Limited Warranty does not cover any Products for which AWE has not received payment. Warranty, Upgrade and Services Period on Bundled Products:AWE bundled hardware and software desktop products (“AWE Learning Stations”) include a three-year limited warranty period, periodic software upgrades, and On -line Services from the date of shipment. AWE will noti fy customer periodically of software upgrade as they become available. AWE bundled hardware and software tablet products (“AWE Tablets”) include a two-year limited warranty, no software upgrades, and On-Line services from the date of shipment. AWE’s limited warranty on AWE Learning Stations and AWE Tablets is limited to the computer, software, keyboard, and mouse. Headphones include a 90-day limited warranty. Other optional accessories do not include a warranty. Optional Extended Warranty, Upgrade and Services Period:Extended warranty, upgrade, and services are available for purchase for year four and five on eligible hardware and software products and accessories (not available on Platinum Online Service). Warranty, upgrade, and service periods must run consecutively (e.g., a year five extension may not be purchased without the purchase of a year four extension) and cannot exceed five years from the original date of shipment. Each one-year warranty, upgrade, and service extension will entitle Customer to all software updates during the extension period to the extent a software upgrade is released. AWE will notify Customer periodically of software upgrades as they becom e available. Customer is responsible for informing AWE of any changes to Customer’s contact information and for scheduling and coordinating software u pgrade installations. Optional Accidental Damage Warranty: Optional accidental damage warranty is available for purchase on eligible AWE Tablets. Accidental damage warranty provides coverage for certain physical loss or damage not covered by the limited hardware warranty as specified herein.AWE agrees to repair or replace tablet products covered under the accidental damage warranty during the coverage period for any physical loss or damage caused by: i) Accidental liquid spill in or on the tablet; ii) Accidental damage to the tablet due to unintentional drop or collision; or i ii)Physical damage caused by any power surge. Accidental damage warranty does not cover physical loss or damage caused by: i) Damage due to being submerged in liquid or due to fire, flood, or other acts of nature; ii) Intentional damage; iii) Normal wear and tear; iv) Cosmetic damage; or iv) Theft or loss.AWE’s liability is limited in the aggregate to the total purchase price of the tablet as evidenced in a valid purchase invoice. AWE may at its discretion decide to repair or replace the damaged item with items similar or equivalent to the original purchased item. There is a limit of only one claim per registered serial number. On-line Services:On-line services include Customer access to AWE’s customer web portal, Customer account management, usage tracking, and all on - line reporting and dashboard facilities (“On-line Services”). AWE maintains the right to disable On-line Services for Customer products whose warranty, upgrade, and services period has expired and/or whose contractual subscription has ended or been terminated. © 2017 AWE Acquisition, Inc. All Rights Reserved.Confidential & Proprietary 2501 Seaport Drive, Suite # 410 SH • Chester • Pennsylvania, 19013 Phone (610) 833-6400 • Fax (610) 833-6440 • Email: orders@awelearning.com • www.awelearning.com Terms and Conditions (cont'd) Technical Support and FAQ: For a list of frequently asked questions (FAQs) or to make a technical support request please visit us online at http://awelearning.com/support/or email us at support@awelearning.com. Limitation of Liability: AWE warrants that it will perform all services associated within this agreement in a professional and workman like manner.In no event will AWE’s liability whether in contract or tort, exceed the total amount of the fees and expenses paid to it by the Customer under this Agreement. Access to the ELF Child-Safe Browser™, ELF Reading & Reference™, and Platinum software content is provided on an "as is" basis and AWE makes no representations or warranties, either express or implied, of any kind with respect to the content and disclaims all warranties, express or implied, including, but not limited to, the merchantability and fitness for a particular purpose or the continued availabilit y for use of the content. In the event of termination of access to the Content, in the case of subscribers, AWE's liability shall be limited to the refund to a registered subscriber of any subscriber fees corresponding to a pre-paid subscription. Institutional subscribers such as schools, child care, and libraries should independently verify that all Content provided via ELF and Platinum Online is appropriate for the intended audience or educational purpose. AWE’s liability for warranty replacement or repair is as stated above, and shall be strictly construed. AWE has no liability whatsoever for indirect, con sequential or incidental damages under contract or tort or claims of loss of data, revenue or profits. Liability and Indemnification: AWE shall indemnify, defend and hold harmless Customer, its officers, employees and designated representatives from any and all claims, suits, actions, damages, liabilities, expenses and costs of any kind, including litigation costs and reas onable attorney's fees, arising out of an assertion that Customer’s use of Content infringes on the intellectual property rights of a third party, or for bodily injury (including death) and/or damage to real or tangible personal property, provided that the injury or damage was proximately caused by the intentional or negligent acts of any of AWE’s officers, employees, agents or authorized sub-contractors (including suppliers). Customer shall indemnify defend and hold harmless AWE, its officers, employees and designated representative from any and all claims, suits, actions, damages, liabilities, expenses and costs of any kind, including litigation costs and reasonable attorney's fees, arising out of bodily injury (including death) and/or damage to real or tang ible personal property, provided that the injury or damage was caused by the intentional or negligent acts Customer’s its officers, employees, agent s or authorized sub- contractors (including suppliers). Proprietary, Confidential and Non -Disclosure Agreement: Each party acknowledges that all information concerning the other party which is designated by the party as “Confidential and Proprietary” shall be deemed to be Confidential and Proprietary Information. Confidential a nd Proprietary Information is not meant to include any information, which, at the time of disclosure, is generally known by the public. Each party agre es that it will not permit the duplication, use, or disclosure of any such Confidential and Proprietary Information to any person (other than its own employ ees who must have such information for the performance of their obligation under this Agreement and as necessary to secure the performance of obliga tions hereunder by legal means), unless authorized in writing by the other party. Neither party shall use the name(s), trademark(s) or trade name(s),whether registered or not, of the other party in publicity releases or advertising without securing the prior written approval of the other party, such approval not to be unreasonably withheld; provided that AWE shall have the right, without Customer’s approval to use Customer’s name in its gene ral list of customers. Each party agrees to hold in confidence any such Confidential and Proprietary information disclosed pursuant to this Agreemen t for a period of 3 years from the effective date of this Agreement. The parties shall have no obligation to maintain such information in confidence p rovided, they can show that such information (i) was in their possession prior to disclosure of such information, (ii) is or becomes publicly available t hrough no fault of the party or (iii) was developed by the party independent of this Agreement. Ownership Rights: AWE shall retain all right, title and interest in all technical information, inventions, patents, trade secrets, developmen ts,discoveries, software, know-how, methods, techniques, formulae, data, processes and other proprietary ideas, whether or not patentable or copyrightable, that are developed pursuant to performance of the services hereunder, or are included in the Content. Relationship and Right to Employ : AWE is an independent contractor and nothing in this Agreement shall be deemed to create a partnership or joint venture between Customer and AWE. As an independent contractor, AWE shall be responsible for withholding and paying all emplo yment taxes, unemployment insurance, workers’ compensation insurance and benefits for its employees. During the term of this Agreement, an d any extensions thereto, Customer and AWE agree not to engage in either solicitation or recruitment of each other's employees. Term : This Agreement shall be effective when signed by both the Customer and AWE and thereafter remain in effect as hereinafter s tated (unless otherwise stated in the Agreement). All AWE Learning Stations have an initial term of three years from the date of shipment, unless otherwise extended. AWE Tablets have an initial term of two years from the date of shipment, unless otherwise extended. All ELF Child -Safe Browser™or ELF Reading & Reference™and subscription licenses and Platinum Online Services have an initial term of one year from the date of activation, unless otherwise extended. Governing Law: This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. Final Agreement: This Agreement and exhibits contain the final and entire agreement between the parties and is intended to be an integration of all prior agreements between them regarding the services. This Agreement cannot be modified except in a writing signed by both p arties. © 2017 AWE Acquisition, Inc. All Rights Reserved.Confidential & Proprietary 2501 Seaport Drive, Suite # 410 SH • Chester • Pennsylvania, 19013 Phone (610) 833-6400 • Fax (610) 833-6440 • Email: orders@awelearning.com • www.awelearning.com Customer Loyalty Program General: The Customer Loyalty Program provides eligible Customers with a discount off the purchase of a new AWE Learning Station or AWE Tablet in- return for exchanging, recycling, or repurposing a previously purchased AWE Learning Station or AWE Tablet. AWE requires that certain models be sent back to its return center. Your sales representative will identify models that need to be sent back. AWE will provide free sh ipping and packaging for return of those specific models. The Customer Loyalty Program is subject to change without prior notice. Eligibility: Any Customer who has previously purchased an AWE Learning Station or Tablet, and desires to exchange, recycle, or repurpose i t, in-return for a discount off the purchase of a new AWE Learning Station or Tablet is eligible to participate in the Customer Loyalty Pr ogram. Only one credit will be provided per exchanged, recycled, or repurposed computer. Customer acknowledges and agrees that by participating in the Custo mer Loyalty Program, that it owns the property free and clear of any lien or encumbrance and that it has full power and authority to transfer the ownership of said property. AWE maintains the right to determine whether a previously purchased AWE product must be exchanged or recycled in order to be eligible to participate in the Customer Loyalty Program. Scheduling and Shipping: Participating customers who are exchanging a previous purchase (not recycling it) will receive shipping instructions and shipping labels as part of their replacement purchase. Customer is responsible for scheduling a shipping (pick -up) date and time no later than five business days after receipt of shipping materials and labels, unless mutually agreed otherwise by Customer and AWE. Equipment will be picked-up from a location accessible by the shipping company at Customer’s site. Equipment will be transported to AWE’s processing site with in 10 business days from the date of the pick-up. Additional time required for shipments from Hawaii, Alaska and Puerto Rico is acceptable. Packaging: Customer is responsible for packing the equipment using the packing materials received as part of the replacement purchase. Software/Data Backup:Customer is responsible for the backup of any data Customer needs or wishes to retain and for the removal of any confidential or sensitive data, including data that may be subject to unique rules regarding disclosure, accountability, or disposal. AWE is not responsible for the restoration of any data or software removed from the system by AWE or the Customer. AWE does not accept liability for lost da ta or software resulting from Customer’s backup activities (or failure to backup), any restoration of data or software, or for compliance with special rules that may apply to data on Customer’s equipment. Fees:There is no fee to the Customer for return scheduling and shipping services (within the continental United States) provided that the Customer meets all Terms and Conditions of the Customer Loyalty Program. However, additional fees may apply for cancelled or reschedul ed shipments. Customer is responsible for any costs incurred if incorrect products are identified and sent for shipment. Returns and Exchanges: The Customer Loyalty Program does not offer returns or exchanges. AWE will not be able to return equipment once it has been picked up. A Customer Loyalty Program order may be canceled before an equipment pick -up is performed. Cancellation requests can be made online using the support link on AWE's homepage (www.awelearning.com/support). Customer is responsible for canceling any shipping (pick-up) arrangements with such provider directly. Not Transferable:These services are not transferable. No Contaminated Products: The service is not intended for equipment that is or has become contaminated or suspected of being contaminated with chemicals, biological agents or other substances that are not integral to the original new equipment or otherwise associated with normal office environments. Title and Risk of Loss:AWE will bear no risk of loss or damage to the equipment during shipment to AWE or its processing site(s). Title will be dee med to pass to AWE or its provider upon receipt and possession of the equipment by AWE or its provider. Claims of Confidentiality of Proprietary Rights:Customer agrees that any information or data disclosed or sent to AWE, over the phone, telephonically, electronically or otherwise, is not confidential or proprietary to Customer. Commercially Reasonable Limits to Scope of Service:In the course of providing the service, AWE may determine that the issue is beyond the scope of the service. AWE may use commercially reasonable efforts to refer Customer to the appropriate alternative resource. Warranty:AWE warrants that it will perform the services with commercially reasonable care. AWE makes no other warranty and disclaims all other warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. Limitation of Liability:AWE will not be liable for lost profits, loss of business, lost data or software resulting from Customer’s backup activities (or failure to backup), or other consequential, special, indirect, or punitive damages, even if advised of the possibility of suc h damages, or for any claim by any third party. Customer agrees that AWE is not liable or responsible for any amount of losses or damages above the aggregat e dollar amount paid for the purchase of these services for the specific item or items of equipment which caused the losses or damages.