HomeMy WebLinkAbout20-92 Resolution No. 20-92
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH DELL
MARKETING, L.P. FOR THE PURCHASE OF DELL LATITUDE NOTEBOOK
COMPUTERS AND DELL DOCKING STATIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Dell
Marketing, L.P., for the purchase of Dell Latitude.Notebook Computers and Dell Docking
Stations, a copy of which is attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that the previous award of a contract approved by the city council on May 13, 2020,
for Dell Latitude Notebook Computers and Dell Dock Stations be and is hereby rescinded and
repealed.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 8, 2020
Adopted: July 8, 2020
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 8th day of July 2020, by and
between the City of Elgin, Illinois,a municipal corporation (hereinafter referred to as"City")and Dell
Marketing, L.P.,a Texas limited partnership, (hereinafter referred to as"Dell" or"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. PURCHASE. City shall purchase, and Dell shall sell the goods and services provided for herein pursuant
to the terms and provisions described by Attachment A, attached hereto and made a part hereof.
2.TERMS.This agreement shall be subject to the price, terms and conditions contained herein; as
provided by Attachment A; and shall be governed by the terms and conditions of the Midwestern Higher
Education Commission contract#C000000181093 and MHEC agreement#MHEC-07012015, located at
https://i.dell.com/sites/csdocuments/Learn Docs/en/mhec-technology-contract. ("MHEC JPA")
incorporated herein by reference.
3. 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.The parties hereby irrevocably consent 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;and Dell agrees that service by first class U.S. mail to Dell Marketing L.P.One
-Dell Way, Round Rock,Texas 78682, with a copy sent by email to Dell Legal Notices@Dell.com,shall
constitute effective service. Both parties hereto waive any rights to a jury.
4. NO MODIFICATION.There shall be no modification of this agreement, except in writing and executed
with the same formalities as the original.
5. 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.
6. INTEREST. Dell hereby waives 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 it 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.
7.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.
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
Internal Use-Confidential
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 MHEC JPA,the terms and provisions of this purchase agreement shall supersede
and control. In the event of any conflict between the terms and provisions of Attachment A and MHEC
JPA,Attachment A shall supersede and control.
10. PAYMENT.City shall pay the total sum of$62,099.20 as described in Attachment A and shall be paid
within thirty(30)days of delivery or city's receipt of invoice,whichever is later.
Notwithstanding anything to the contrary provided for herein all pricing,fees and amounts listed in
Attachment A shall be all-inclusive, and shall be inclusive of all freight, shipping and applicable taxes.
11. LIMITATION OF DAMAGES. Notwithstanding anything to the contrary herein,or in any
attachments or other referenced agreements hereto, in no event shall the City be liable for any
attorney's fees of Dell.
12.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 Dell's sole expense.
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IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written.
DELL MARKETING, L.P.
Alyssa Sayles
Pr' t Name
Signature
Contract Administrator
Title
CITY OF ELGIN
Richard G. Kozal, City Manager
Ates .
City Clerk
F:\Legal Dept\Agreement\Dell-Midwestern Higher Education Comm Purchase Agr.docx
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Attachment A: Dell Quotes
Internal Use-Confidential
A quote for your consideration.
Based on your business needs, we put the following quote together to help with your purchase
decision. Below is a detailed summary of the quote we've created to help you with your
purchase decision.
To proceed with this quote, you may respond to this email, order online through your
Premier page, or, if you*do not have Premier, use this Quote to Order.
Quote No. 3000063164217.3 Sales Rep Anthony Patrick
Total $62,099.20 Phone (800)456-3355, 7250579
Customer# 6776139 Email Anthony_Patrick@Dell.com
Quoted On Jun. 15, 2020 Billing To ACCTS PAYABLE
Expires by Jul. 15, 2020 CITY OF ELGIN
Deal ID 19890571 150 DEXTER CT
ELGIN, IL 60120-5527
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you're ready to place an order.
Thank you for shopping with Dell!
Regards,
Anthony Patrick
Product Unit Price Qty Subtotal
Dell Latitude 3510 $599.77 80 $47,981.60
Dell Dock-WD19 90w Power Delivery -130w AC $176.47 80 $14,117.60
Subtotal: $62,099.20
Shipping: $0.00
Non-Taxable Amount: $62,099.20
Taxable Amount: $0.00
Estimated Tax: $0.00
Total: $62,099.20
Special lease-pricing may be available for qualified customers. Please contact your DFS Sales Representative for
details.
Page 1 Dell Marketing LP. U.S.only. Dell Marketing LP.is located at One Dell Way. Mail Stop 8129. Round Rock,TX 78682
Qty Subtotal
Dell Latitude 3510 $599.77 80 $47,981.60
Estimated delivery if purchased today:
Jun.24,2020
Contract#C000000181093
Customer Agreement#MHEC-07012015
Description SKU Unit Price Qty Subtotal
Dell Latitude 3510 210-AVLN - 80 -
10th Generation Intel Core i5-10210U(4 Core,6M cache,base 1.6GHz, 379-BDZM 80 -
up to 4.2GHz)
Win 10 Pro 64 English,French,Spanish 619-AHKN - 80 -
No AutoPilot 340-CKSZ - 80 -
Microsoft(R)Office 30 Days Trial 658-BCSB - 80
Integrated Intel UHD for 10th Generation Intel Core i5-10210U 338-BVBN - 80 -
8GB,1x8GB,DDR4 Non-ECC 370-AFEH - 80 -
M.2 256GB PCIe NVMe Class 35 Solid State Drive 400-BIJP - 80
Not selected in this configuration 817-BBBC - 80 -
15.6"LCD Display Back Cover,WLAN 320-BDSQ - 80 -
15.6"FHD WVA(1920 x 1080)Anti-Glare Non-Touch,Camera& 391-BFEH 80 -
Microphone
Non-Backlit Power Button with No Fingerprint Reader 346-BGIP - 80 -
Single Pointing Non Backlit Keyboard,US English 583-BGJF - 80 -
WLAN Driver Intel AX201,CML/9260.KBL-R(with Bluetooth) 555-BFSF - 80 -
Intel Wi-Fi 6 AX201 2x2 802.11 ax 160MHz+Bluetooth 5.1 555-BFNI 80 -
No Mobile Broadband Card 556-BBCD - 80 -
4 Cell 53Whr ExpressCharge Capable Battery 451-BCPS - 80 -
65 Watt AC Adapter 450-ADTR - 80 -
No Anti-Virus Software 650-AAAM - 80 -
OS-Windows Media Not Included 620-AALW - 80
US Power Cord 531-BBBL - 80 -
Latitude 3510 Quick Start Guide 340-CPVC - 80 -
US Order 332-1286 - 80 -
Safety/Environment and Regulatory Guide(English/French Multi- 340-AGIK - 80 S
language) -
Fixed Hardware Configuration 998-ECIW - 80 -
Regulatory Label,FCC 389-DPGZ - 80 -
SupportAssist 525-BBCL - 80 -
Software Driver 555-BFUC - 80 -
Dell(TM)Digital Delivery Cirrus Client 640-BBLW - 80 -
Dell Client System Update(Updates latest Dell Recommended BIOS, 658-BBMR 80
Drivers,Firmware and Apps) -
Waves Maxx Audio 658-BBRB - 80 -
Dell Power Manager 658-BDVK - 80 -
Dell SupportAssist OS Recovery Tool 658-BEOK - 80
Dell Optimizer 658-BEQP - 80 -
Page 2 Dell Marketing LP. U.S.only. Dell Marketing LP.is located at One Dell Way. Mail Stop 8129. Round Rock,TX 78682
Direct Ship Info Mod 340-AASO - 80 -
Min Model Packaging 340-CQVH - 80 -
System Ship Info 640-BBJB - 80
Intel(R)Core(TM)i5 Processor Label 340-CNBZ - 80
No Mouse 570-AADK - 80
No Resource DVD/USB 430-XXYG - 80 -
ENERGY STAR Qualified 387-BBOO - 80 -
Smart Selection Shipment(S) 800-BBQI 80 -
EAN label 389-BKKL - 80 -
EPEAT 2018 Registered(Silver) 379-BDTO - 80 -
Latitude 3510 Bottom Door Included 321-BFKI 80 -
Thank you choosing Dell ProSupport.For tech support,visit 989-3449 80 -
//support.dell.com/ProSupport
ProSupport:Next Business Day Onsite, 1 Year 997-6662 - 80 -
ProSupport:7x24 Technical Support, 1 Year 997-6671 - 80 -
Dell Limited Hardware Warranty 997-6727 - 80 -
Qty Subtotal
Dell Dock-WD19 90w Power Delivery - 130w AC $176.47 80 $14,117.60
Estimated delivery if purchased today:
Jun.24,2020
Contract#C000000181093
Customer Agreement#MHEC-07012015
Description SKU Unit Price Qty Subtotal
Dell Dock-WD19 90 PD 210-ARIO - 80 -
Advanced Exchange Service,3 Years 824-3984 - 80 -
Dell Limited Hardware Warranty 824-3993 - 80 -
Subtotal: $62,099.20
Shipping: $0.00
Estimated Tax: $0.00
Total: $62,099.20-
Page
62,099.20Page 3 Dell Marketing LP. U.S.only. Dell Marketing LP. is located at One Dell Way. Mail Stop 8129. Round Rock,TX 78682
Important Notes
Terms of Sale
This Quote will,if Customer issues a purchase order for the quoted items that is accepted by Supplier,constitute a contract between the entity
issuing this Quote("Supplier)and the entity to whom this Quote was issued("Customer").Unless otherwise stated herein,pricing is valid for
thirty days from the date of this Quote.All product,pricing and other information is based on the latest information available and is subject to
change.Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors.Taxes and/or freight charges
listed on this Quote are only estimates.The final amounts shall be stated on the relevant invoice.Additional freight charges will be applied if
Customer requests expedited shipping.Please indicate any tax exemption status on your purchase order and send your tax exemption
certificate to Tax_Department@dell.com or ARSalesTax@emc.com,as applicable.
Governing Terms:This Quote is subject to:(a)a separate written agreement between Customer or Customer's affiliate and Supplier or a
Supplier's affiliate to the extent that it expressly applies to the products and/or services in this Quote or,to the extent there is no such
agreement,to the applicable set of Dell's Terms of Sale(available at www.dell.com/terms or www.dell.com/oemterms),or for cloud/as-a-Service
offerings,the applicable cloud terms of service(identified on the Offer Specific Terms referenced below);and(b)the terms referenced herein
(collectively,the"Governing Terms").Different Governing Terms may apply to different products and services on this Quote.The Governing
Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.
Supplier Software Licenses and Services Descriptions:Customer's use of any Supplier software is subject to the license terms
accompanying the software,or in the absence of accompanying terms,the applicable terms posted on www.Dell.com/eula.Descriptions and
terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at
www,dellemc.com/en-u s/customer-services/prod uct-wa rra n ty-a nd-service-descriptions.htm
Offer-Specific,Third Party and Program Specific Terms:Customer's use of third-parry software is subject to the license terms that
accompany the software.Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional,specific
terms stated on www.dell.com/offeringspecificterms("Offer Specific Terms").
In case of Resale only:Should Customer procure any products or services for resale,whether on standalone basis or as part of a solution,
Customer shall include the applicable software license terms,services terms,and/or offer-specific terms in a written agreement with the end-user
and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement("Financing Agreement")for the products and/or services
on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier('FS").Customer may issue its purchase order to
Supplier or to FS.If issued to FS,Supplier will fulfill and invoice FS upon confirmation that:(a)FS intends to enter into a Financing Agreement
with Customer for this order;and(b)FS agrees to procure these items from Supplier.Notwithstanding the Financing Agreement,Customer's use
(and Customer's resale of and the end-user's use)of these items in the order is subject to the applicable governing agreement between
Customer and Supplier,except that title shall transfer from Supplier to FS instead of to Customer.If FS notifies Supplier after shipment that
Customer is no longer pursuing a Financing Agreement for these items,or if Customer fails to enter into such Financing Agreement within 120
days after shipment by Supplier,Customer shall promptly pay the Supplier invoice amounts directly to Supplier.
Customer represents that this transaction does not involve:(a)use of U.S.Government funds;(b)use by or resale to the U.S.Government;or(c)
maintenance and support of the product(s)listed in this document within classified spaces.Customer further represents that this transaction does
not require Supplier's compliance with any statute,regulation or information technology standard applicable to a U.S.Government procurement.
For certain products shipped to end users in California,a State Environmental Fee will be applied to Customers invoice.Supplier encourages
customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request.
^Dell Business Credit(DBC):
OFFER VARIES BY CREDITWORTHINESS AS DETERMINED BY LENDER.Offered by WebBank to Small and Medium Business customers
with approved credit.Taxes,shipping and other charges are extra and vary.Minimum monthly payments are the greater of$15 or 3%of account
balance.Dell Business Credit is not offered to government or public entities,or business entities located and organized outside of the United
States. r
Page 4 Dell Marketing LP.U.S,only. Dell Marketing LP is located at One Dell Way. Mail Stop 8129. Round Rock,TX 78682