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Home My WebLink About20-0226 Avalon Technologies ao - oaab PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 26th day of February, 2020, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Avalon Technologies, Inc., a Michigan corporation(hereinafter referred to as "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. TERMS AND PURCHASE. This agreement shall be subject to the price, terms and conditions contained herein; and as provided by Seller's proposals for the sale of Dell compellent storage systems and Dell servers entitled City of Elgin-R440 Servers Quote #JPG002368V2 attached hereto and made a part hereof as Attachment A, and City of Elgin-SCv3000 SAN Quote #JPG002367V2 attached hereto and made a part hereof as Attachment B, and the Midwest Higher Education Commission (MHEC) Contract No. MHEC-07012015 for Dell Computers, incorporated herein by reference(the"MHEC Contract"). In the event of any conflict between the terms of this agreement form, Exhibit A, Exhibit B or the MHEC Contract, the terms of this agreement form shall supersede and control. In the event of any conflict between the terms of Attachment A, Attachment B or the MHEC Contract, the terms of the MHEC Contract shall supersede and control. Seller shall sell to the City the products and goods identified in Attachment A for the price in the total amount of $57,724.45 and the products and goods identified in Attachment B for the price in the total amount of$81,325.64. 2. LAW/VENUE. This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County,Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof. 3. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 4. MERGER. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications,representations or agreements,either verbal, written or implied between the parties hereto. 5. INTEREST. The parties hereto hereby waive any and all claims or rights to interest on money claimed to be due pursuant to this agreement,and waives any and all such rights to interest to which they may otherwise be entitled pursuant to law, including, but not limited to,pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The provisions of this paragraph shall survive any expiration,completion and/or termination of this agreement. 6. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this agreement shall remain in full force and effect. 7. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, Seller shall comply with all applicable federal, state,city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Seller hereby certifies, represents and warrants to the City that all of Seller's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. Seller shall also, at its expense, secure all permits and licenses,pay all charges and fees,and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of Seller to determine Seller's compliance with the provisions of this section. In the event the City proceeds with such an audit, Seller shall make available to the City Seller's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 8. EXECUTION. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement,any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 9. CONFLICT. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A or B hereto, the terms and provisions of this purchase agreement shall control. 10. PAYMENT. City shall pay the total sum of $139,050.99 within thirty (30) days of delivery or city's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight, shipping and applicable taxes. 1 1. DELIVERY. Seller shall complete delivery of all services or goods within thirty(30)days of the entry into this agreement. 12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 2 13. NOTICES. Any notice given under this agreement shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S.mail,certified or registered,return receipt requested, if addressed to Seller as provided in Attachment A, and if to the City to the attention of Jeff Massey, 150 Dexter Court, Elgin, IL 60120, or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. 14. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at Seller's sole expense. SELLER CITY OF GIN 'ig/& / ( Agee/ AK, Print Nam ' c an . Koza , ity ager %Ai� Attest: hallj l! . . 14 re City Clerk Title F\Legal Dept\Agreement\Avalon Technologies Agr-Storage&Servers-2-25-20 docx 3 Avalon Technologies, Inc. ATTACHMENT A 39533 Woodward Avenue Suite 12' Bloomfield Hills, MI 48304 (800)720-3811 avalontech.net _- . . AVALON ', � s T�CHNOt—OGI We have prepared a quote for you PREPARED FOR PREPARED BY 4, • AVALON cC� CS,cy (800)720-3811 avasales@avalontech.net avalontech.net R440 Servers Description Price Oty Ext. Price PowerEdge R440 Servers $11,544.89 5 $57,724.45 PowerEdge R440 Server 210-ALZE-5- PowerEdge R540/R440 MLK Motherboard 384-BCFU-5- No Trusted Platform Module 461-AADZ-5- 2.5"Chassis with up to 8 Hot Plug Hard Drives 321-BCUV-5- Internal PERC 405-AAOM-5- PowerEdge R440 Shipping 340-BSFX-5- PowerEdge R440 x8 Drive Shipping Material 343-BBID-5- Intel Xeon Gold 6238 2.1G,22C/44T,10.4GT/s,30.25M Cache,Turbo,HT(140W)DDR4- 2933 338-BTSI-5- Intel Xeon Gold 6238 2.1G,22C/44T,10.4GT/s,30.25M Cache,Turbo,HT(140W)DDR4- 2933 338-BTSI-5- Additional Processor Selected 379-BDCO-5- Standard Heat Sink 412-AAJT-5- Standard Heat Sink for 2nd CPU 412-AAIU-5- 2666MT/s RDIMMs 370-ADNU-5- Performance Optimized 370-AAIP-5- No RAID 780-BCDI-5- PERC H730P RAID Controller,2GB NV Cache,Adapter, Low Profile 405-AAOE-5- VMware ESXi 6.7 U3 Embedded Image on Flash Media(License Not Included)634-BRIM-5- No Media Required 421-5736-5- IDRAC9,Enterprise 385-BBKT-5- OpenManage Enterprise Advanced 528-BIYY-5- IDRAC Group Manager,Enabled 379-BCQV-5- iDRAC,Factory Generated Password 379-BCSF-5- Riser Config 1,1 x 16 FH 330-BBHL-5- On-Board LOM 542-BBBP-5 IDSDM and Combo Card Reader with 16GB VFlash SD 385-BBLQ-5- Redundant SD Cards Enabled 385-BBCF-5- 16GB microSDHC/SDXC Card 385-BBKG-5- 16G8 microSDHC/SDXC Card 385-BBKG-5- No Internal Optical Drive for x4 and x8 HDD Chassis 429-ABBF-5- Dual,Hot Plug,Redundant Power Supply(1+1),550W 450-AGOY-5- Standard Bezel 325-BCHH-5- Dell EMC Luggage Tag 350-BBKT-5- No Quick Sync 350-BBKR-5- Performance BIOS Settings 384-80BL-5- ReadyRails Sliding Rails With Cable Management Arm 770-BCKT-5- No Systems Documentation,No OpenManage DVD Kit 631-RACK-5- US Order 332-1286-5- Basic Next Business Day 36 Months 709-BBFM-5- ProSupport and Next Business Day Onsite Service initial,36 Month(s)865-BBMY-5- On-Site Installation Declined 900-9997-5- 32GB RDIMM 2666MT/s Dual Rank 370-ADNF-40- 240GB SSD SATA Read intensive 6Gbps 512 2.Sin Hot-plug Root Drive,1 DWPD,438 TBW 400- AWHC-5- Broadcom 57416 Dual Port 10 GbE BaseT Network LOM Mezz Card 540-BBYT-5- QLogic FastLinQ 41164 Quad Port 10GbE BASE-T PCIe Adapter,Full Height 540-BCHG-5- NEMA 5-15P to C13 Wall Plug,125 Volt,15 AMP, 10 Feet(3m),Power Cord,North America 450-AALV-10- Pricing based on Dell's MHEC Contract: please reference $0.00 1 $0.00 the Midwestern Higher Education Commission (MHEC) Contract No. MHEC-07012015 for Dell Computers, on yourpurchase order Quote#JPG002368 v2 Page:2 of 5 AVALON (800)720-3811 avasales@avalontech.net -� avalontech.net R440 Servers Description Price Qty Ext. Price Subtotal $57,724.45 Quote#JPG002368 v2 ~~ r Page: 3 of 5 .4 4.,,. iii)\ ' _. � AVA LO N (800)720-3811 avasales@avalontech.net avalontech.net City of Elgin - R440 Servers Prepared by: Prepared for/Ship To: Quote Information: Avalon Technologies, Inc. City of Elgin Quote #: 3PG002368 Avalon Sales Team 151 Douglas Ave Version: 2 jiet,c.„---- (800)720-3811 Elgin, IL 60120-5503 Delivery Date: AVALON avasales@avalontech.net Michael Bayard 01/30/2020 +1.847.289.2574 Expiration Date: bayard_m@cityofelgin.org 02/27/2020 Department: 151 Douglas Ave Elgin, IL 60120-5503 Quote Summary Description Amount R440 Servers $57,724.45 Ig :'. Total: $57,724.45 Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Terms: Net 30 after equipment ships. A 20%deposit is required for all new customers prior to placing the order, this can be paid by check or in the interest of time direct deposit. Avalon's full terms can be found at: Terms&Conditions: https://tinyurl.com/wuuozvh Managed Services Agreement: https://tinyurl com/wdowc23 In executing this Quote,the customer acknowledges and agrees to the following: An enforceable contract is being entered into with Avalon Technologies, Inc. and that Avalon's terms and conditions are incorporated by reference; Avalon's terms and conditions may change from time to time upon notice and that such notice will be included on Avalon's invoices or other writings by Avalon. The customer referenced above represents and warrants to Avalon that the person signing this quote is authorized to execute same and bind the customer to the terms thereof. • .. �, Quote#JPG002368 v2 <. -' Page:4 of 5 A----- .. AVALON (800)720-3811 7mc.;�c.um0'e5 avasales@avalontech.net avalontech.net Ava Ion Technologies, Inc. City of Elgin [Customer] Signature. Signature: Name: Avalon Sales Team Name: Richard G. Kozal, City Manager Title: Business Development Manager Date: February 26, 2020 Date: 01/30/2020 Quote#JPG002368 v2 a Page: 5 of 5 Avalon Technologies, Inc. ATTACHMENT B 39533 Woodward Avenue Suit Bloomfield Hills, MI 48304 (800)720-3811 avalontech.net AVALON H N O L_CD x ! 5 ti, e We have prepared a quote for you PREPARED FOR PREPARED BY AVALO N (800)720-3811 �.-. avasales@avalontech.net avalontech.net Hardware Description Price Qty Ext Price SCv3000 3Ux16 Drive Storage Array $50,543.41 1 $50,543.41 SCv3000 3Ux16 Drive Storage Array 210-ALVH -1- SCv30X0 Dual Controller Components 449-BBLE-1- SC,RJ45,4-port,Mezz Card 403-BBPE-1 - SC,RJ45,4-port,Mezz Card 403-BBPE-1 - 10,10Gb 1SCSI,4 port,PCI-E,Base-T,Full Height 406-BBLY-1- 10,10Gb iSCSI,4 port,PCI-E, Base-T,Full Height 406-BBLY-1- Storage Center Core Software Bundle,Base License 634-BJUI-1 -SSN License 634- BKCL-1- Storage Optimization Bundle,Software License(Includes: Data Progression,Fast Track)634-BKCM-1- Remote Instant Replay,Software License 631-ABJP-1 - Redundant Power Supply,1378W,C20 450-AGJN-1- Rack rail,2Us,Static 770-BBUJ-1- SC Bezel 350-BBKJ-1- SHIP,SCV3000,DA0340-BRZD-1- Dell Hardware Limited Warranty 814-3905-1- ProSupport:Next Business Day Onsite Service After Problem Diagnosis,3 Years 814- 3922-1 - ProSupport:Next Business Day Onsite Service After Problem Diagnosis,2 Years Extended 814-3928-1- ProSupport:7x24 HW/SW Technical Support and Assistance,5 Years 8143929-1 - Dell Limited Hardware Warranty Extended Year(s)975-3461 • 1- ProDeploy Dell Storage SC Series vXXXX SAN-Deployment 805-2824-1 - ProDeploy Dell Storage SC Series vXXXX SAN-Deployment Verification 805-2826-1 - ProSupport for Software:7X24 Remote Instant Replay,5 Years 815-3996- 1- ProSupport for Software:7X24 Storage Center Optimization Bundle,5 Years 815-4005- 1- SC,12TB,SAS, 12Gb,7.2K,3.5"HDD 400-BFMT-16- Power Cord,125V,20A,NEMA 5-20 to C19, 10 feet 450-AFEU-2- Power Cord,250V,16A,C19 to C20,2 feet 450-AFEF-2- ProDeploy Add-On:Replication Services for Dell Storage(Requires ProDeploy)8042162-1- Dell EMC SCv300 Enclosure $29,782.23 1 $29,782.23 Dell EMC SCv300 Enclosure 210-ALZF-1- Dell EMC SCv300 Bezel 325-BCMQ•1- Enclosure Mangement Module,Dual 403-88KM-1- Rack rail,2Us,Static 770-BBJE-1- Power supply,AC 600W,Redundant 450-AEBJ-1- Dell EMC SCv300 Shipping,DAO 340-BSDL-1- Dell Hardware Limited Warranty 813-5666-1- ProSupport:Next Business Day Onsite Service After Problem Diagnosis,2 Years Extended 813- 5670-1- ProSupport: 13- 5670-1- ProSupport:Next Business Day Onsite Service After Problem Diagnosis,3 Years 813-5672-1- ProSupport:7x24 HW/SW Technical Support and Assistance,5 Years 813-5681-1- Dell Limited Hardware Warranty Extended Year(s)975-3461-1- ProDeploy Dell Storage SCv Disk Series 300/320 2U Enclosure-Deployment 814-0236-1- ProDeploy Dell Storage SC Disk Series 300/320 2U Enclosure-Deployment Verification 814- 0237-1- SC,12TB,NL-SAS,12Gb,7.2K,3.5" HOD 400-BFMT-12- Power Cord,C13 to C14,PDU-Style,12 Amps,.6 meter,Qty 1 492-BBEC-2- 12Gb HD-Mini to HD-Mini SAS cable,0.5m 470-ABDN-2- Quote#JPG002367 v2 . Page:2 of 5 AVALON (800)720 3811 ,, t'` rE`�N "Mt5 avasalesCgavalontech.net .. avalontech.net Hardware Description Price Oty Ext. Price Pricing based on Dell's MHEC Contract: please reference $0.00 1 $0.00 the Midwestern Higher Education Commission (MHEC) Contract No. MHEC-07012015 for Dell Computers, on yourpurchase order Subtotal $80,325.64 Cables/Misc. Description Price Qty Ext._Price Cables/Misc. $1,000.00 1 $1000.00 Subtotal $1,000.00 Quote#JPG002367 v2 Page.3 of 5 A..--- '' :#„ AVALON I CHNOWGI S (800)720-3811 avasales@avalontech.net avalontech.net City of Elgin - CML SCv3000 SAN Prepared by: Prepared for/Ship To: Quote Information: Avalon Technologies, Inc. City of Elgin Quote #: JPG002367 A- Avalon Sales Team 151 Douglas Ave Version: 2 (800)720-3811 Elgin, IL 60120-5503 Delivery Date: AVALON avasales@avalontech.net Michael Bayard 01/31/2020 +L847.289.2574 Expiration Date: bayard_m@cityofelgin.org 02/27/2020 Department: 151 Douglas Ave Elgin, IL 60120-5503 Quote Summary Description Amount Hardware $80,325.64 Cables/Misc. $1,000.00 Total: $81,325.64 Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Terms: Net 30 after equipment ships. A 20%deposit is required for all new customers prior to placing the order, this can be paid by check or in the interest of time direct deposit. Avalon's full terms can be found at Terms&Conditions: https://tinyurl com/wuuozvh Managed Services Agreement: https://tinyurl.com/wdowc23 In executing this Quote, the customer acknowledges and agrees to the following: An enforceable contract is being entered into with Avalon Technologies, Inc. and that Avalon's terms and conditions are incorporated by reference; Avalon's terms and conditions may change from time to time upon notice and that such notice will be included on Avalon's invoices or other writings by Avalon. The customer referenced above represents and warrants to Avalon that the person signing this quote is authorized to execute same and bind the customer to the terms thereof. Quote#JPG002367 v2 _,.. n ,,„. ,. Page:4 of 5 , , , , tc,..- /p -7 p ' - - AVALONtHHs (800)!20-381 1 rco�oo�c avasales@avalontech.net avalontech.net Avalon Technologies, Inc. City of Elgin [Customer] Signature: _* Signature: Name: Avalon Sales Team Name: Richard G. Kozal, City Manager Title: Business Development Manager Date: February 26, 2020 Date: 01/31/2020 Quote#JPG002367 v2 '"' Page:5 of 5