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Home My WebLink About21-0428 Dell Marketing April 28, 2021 Agenda Bid Item: #6 —Purchase Agreement with Dell Marketing for the purchase of Dell Latitude Notebook Computers and Dell Dock Stations ($80,976) a PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 28th day of April, 2021, 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 Attachments A and B, 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 Attachment B; and shall be governed by the terms and conditions of the Midwestern Higher Education Commission contract #C000000181093 and MHEC-07012015 ("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 50511, 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 and respects as an original document. The signature of any parry 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, Attachment B 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, Attachment B and MHEC JPA, Attachments A and B shall supersede and control. 10. PAYMENT. City shall pay the sum of$74,466.40 as described in Attachment A plus the $6 sum of ,509.08 as described in Attachment B, for a total sum of$80.975.48, which 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 Attachments A and B shall be all-inclusive, and shall be inclusive of all freight, shipping and applicable taxes. The City is a tax-exempt governmental body. Notwithstanding anything to the contrary provided for herein, all prices are final prices and are not estimates. 11. DELIVERY. Dell shall complete delivery of all goods on or before June 1, 2021. 12. LIMITATION OF DAMAGES. Notwithstanding anything to the contrary herein, or in any attachments or other referenced agreements hereto, in no event shall City be liable for any attorney's fees of Dell. 13. 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. 14. SUPPLIER SOFTWARE LICENSES AND SERVICES DESCRIPTION. City's use of any Supplier software is subject to the license terms accompanying such software. 15. OFFER-SPECIFIC, THIRD PARTY AND PROGRAM SPECIFIC TERMS. City's use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on Attachments A and B are subject to additional, specific terms stated on www.dell.com/offeringspecifictenns ("Offer Specific Terms"). 2 IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. DELL MARKETING, L.P. CITY OF ELGIN Alyssa Sayles / Print Name Richard G. Kozal, City Manager Attest: Si ature Contract Administrator Title City Clerk FALegal Dept\AgreemenMell-Midwestern Higher Education Conan Purchase Agr-3-6-21.docx 3 Attachment A D"Liechnologies 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. Quote No. 3000080360914.1 Sales Rep Anthony Patrick Total $74,466.40 Phone (800)456-3355, 6179322 Customer# 6776139 Email Anthony_Patrick@Dell.com Quoted On Mar. 05, 2021 Billing To ACCTS PAYABLE Expires by Apr. 30, 2021 CITY OF ELGIN Deal ID 20443216 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 Quantity Subtotal Dell Latitude 5520 $730.54 80 $58,443.20 Dell Dock-WD19S 130w Power Delivery 180w Power $200.29 80 $16,023.20 Supply Subtotal: $74,466.40 Shipping: $0.00 Non-Taxable Amount: $74,466.40 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $74,466.40 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 Quantity Subtotal Dell Latitude 5520 $730.54 80 $58,443.20 Estimated delivery if purchased today: May.03,2021 Contract#C000000181093 Customer Agreement#MHEC-07012015 Description SKU Unit Price Quantity Subtotal Dell Latitude 5520 BTX Base 210-AXVQ - 80 - 11th Generation Intel Core 15-1135G7(4 Core,8M cache,base 2.4GHz, 379-BEHK 80 - up to 4.2GHz) Win 10 Pro 64 English,French,Spanish 619-AHKN - 80 - No Microsoft Office License Included—30 day Trial Offer Only 658-BCSB - 80 - Assembly base for 5520/3560 338-BXRY - 80 - 15-1135G7 Trans,Intel Iris Xe Graphics,Thunderbolt 338-BXSB - 80 - non-vPro Manageability 631-ACTC - 80 - 8GB, 1x8GB,DDR4 Non-ECC 370-AFVS - 80 - M.2 256GB PCIe NVMe Class 35 Solid State Drive 400-BKUZ - 80 - LCD back cover for Latitude 5520 WLAN/WWAN 320-BECJ - 80 - HD Camera Bezel with Mic 325-BDZF - 80 - 15.6"FHD(1920x1080)Non-Touch,Anti-Glare,IPS,250nits 391-BFPM - 80 - Palmrest,No Security,Thunderbolt 4 346-BGVS - 80 - Single Pointing Backlit English US Keyboard and 10 Key Numpad 583-BHBG - 80 - Wireless Intel AX201 WLAN Driver 555-BGGN - 80 - Intel Wi-Fi 6 AX201 2x2.11 ax 160MHz+Bluetooth 5.1 555-BGGT - 80 - No Mobile Broadband Card 556-BBCD - 80 - 4 Cell 63Whr ExpressChargeTM Capable Battery 451-BCSW - 80 - 65W Type-C Epeat Adapter 492-BCXP - 80 - No Anti-Virus Software 650-AAAM - 80 - OS-Windows Media Not Included 620-AALW - 80 - US Power Cord 537-BBBL - 80 - Quick Start Guide 340-CTXV - 80 - SERI Guide(ENG/FR/Multi) 340-AGIK - 80 - Fixed Hardware Configuration 998-ENCT - 80 - SupportAssist 525-BBCL - 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 - Packaging BTS 65W adapter+TGL CPU 340-CTZQ - 80 - No Resource USB Media 430-XXYG - 80 - ENERGY STAR Qualified 387-BBPI - 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 BTS/BTP Smart Selection Shipment(VS) 800-BBQH - 80 - EAN label 389-BKKL - 80 No Removable CD/DVD Drive 429-AATO - 80 - 5520 Laptop Bottom Door Integrated Graphics 321-BGBG - 80 - EPEAT 2018 Registered(Gold) 379-BDZB - 80 - Thank you choosing Dell ProSupport.For tech support,visit 989-3449 80 - //support.dell.com/ProSupport Dell Limited Hardware Warranty 997-8317 - 80 - ProSupport:7x24 Technical Support,1 Year 997-8339 - 80 - ProSupport:Next Business Day Onsite, 1 Year 997-8349 - 80 No Accidental Damage Selected 981-4619 - 80 - Quantity Subtotal Dell Dock-WD19S 130w Power Delivery 180w Power Supply $200.29 80 $16,023.20 Estimated delivery if purchased today: Mar. 16,2021 Contract#C000000181093 Customer Agreement#MHEC-07012015 Description SKU Unit Price Quantity Subtotal Dell Dock—WD19S 130w Power Delivery—180w AC 210-AZBM - 80 - Advanced Exchange Service,3 Years 824-3984 - 80 - Dell Limited Hardware Warranty 824-3993 - 80 - Subtotal: $74,466.40 Shipping: $0.00 Estimated Tax: $0.00 Total: $74,466.40 Page 3 Deli Marketing LP.U.S.only. Dell Marketing LIP,is located at One Dell Way, Mail Stop 8129, Round Rack.TX 78682 Attachment B INS L �. 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. Quote No. 3000076829728.1 Sales Rep Anthony Patrick Total $6,509.08 Phone (800)456-3355, 6179322 Customer# 6776139 Email Anthony_Patrick@Dell.com Quoted On Jan. 13,2021 Billing To ACCTS PAYABLE Expires by Feb. 12, 2021 CITY OF ELGIN Deal ID 20686181 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 5420 $1,627.27 4 $6,509.08 Subtotal: $6,509.08 Shipping: $0.00 Non-Taxable Amount: $6,509.08 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $6,509.08 Consult your DFS rep. Special lease pricing may be available. Page 1 Deli 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 5420 $1,627.27 4 $6,509.08 Estimated delivery if purchased today: Feb.01,2021 Contract#C000000181093 Customer Agreement#MHEC-07012015 Description SKU Unit Price Qty Subtotal Dell Latitude 5420 Rugged,CTO 210-AQPT - 4 - 8th Gen Intel Core i5-8350U Processor(Quad Core,6M Cache, 379-BDHC - 4 - 1.7GHz,15W,vPro) Win 10 Pro 64 English,French,Spanish 619-AHKN 4 - No Microsoft Office License Included—30 day Trial Offer Only 658-BCSB - 4 - Intel Core i5-8350U Processor Base with Integrated Intel UHD 620 338-BPTK - 4 - Graphics No Out-of-Band Systems Management-vPro Disabled 631-ABWH - 4 - 8GB,2x4GB,2400MHz DDR4 Non-ECC 370-AEVI - 4 - M.2 256GB PCIe NVMe Class 40 Solid State Drive 400-BBTW - 4 - 14"FHD WVA(1920 x 1080)Anti-Glare Non-Touch 391-BDXO - 4 - No Security Options 346-BEVE - 4 - Dell USB,USB,AUDIO,BLANK left 1/0 module 590-TEYE - 4 - SYSTEM RATING LABEL 389-DOPP - 4 - Sealed Internal RGB Backlit English Keyboard 580-ABYR - 4 - Intel Dual Band Wireless AC 8265(802.11ac)2x2(No BT)Driver(Later 555-BEPC 4 upgrade not possible for the system) - Intel Dual Band Wireless AC 8265(802.11ac)2x2 555-BDGD - 4 - WLAN Bracket 575-BBYW - 4 - Qualcomm Snapdragon X20(DW5821e)Vrz 556-BBZJ - 4 - WWAN Bracket 575-BBYX - 4 - 3 Cell 51Whr ExpressCharge Capable Battery 451-BCHG - 4 - 90 Watt AC Adapter 492-BCNQ - 4 - No Anti-Virus Software 650-AAAM - 4 - OS-Windows Media Not Included 620-AALW - 4 - E5 US Power Cord 537-BBBD - 4 - Quick Referene Guide 340-CHGB - 4 - Factory Installed Rigid handle tied sku 540-BCIH - 4 - Dummy Airbay Cover 325-BDEH - 4 - SERI Guide(English/Spanish) 340-AGIN - 4 - Regulatory Label included 389-BEYY - 4 - TPM Enabled 340-AJPV - 4 - System Driver,Dell Latitude 5420 640-BBRG - 4 - Dell Developed Recovery Environment 658-BCUV - 4 - Shuttle SHIP Material 328-BCXL - 4 - Directship Info Mod 340-CKTD - 4 - No Option Included 340-ACQQ - 4 - Page 2 Dell Marketing LP. U.S.only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock.TX 78682 No Resource USB Media 430-XXYG - 4 - ENERGY STAR Qualified 387-BBNJ - 4 - BTO Standard shipment Air 800-BBGF - 4 No Additional 10 Ports 590-TEYC - 4 No Option Included 340-ACQQ - 4 - RGB Camera 319-BBFN - 4 - ProSupport Plus:Next Business Day Onsite,3 Years 808-6797 4 - Dell Limited Hardware Warranty Initial Year 808-6805 - 4 ProSupport Plus:Accidental Damage Service,3 Years 808-6817 - 4 - ProSupport Plus:Keep Your Hard Drive,3 Years 808-6818 - 4 - ProSupport Plus:7X24 Technical Support,3 Years 808-6847 - 4 - Thank you for choosing Dell ProSupport Plus.For tech support,visit - www.dell.com/contactdelI or call 1-866-516-3115 997-8367 4 - Subtotal: $6,509.08 Shipping: $0.00 Estimated Tax: $0.00 Total: $6,509.08 Page 3 Dell Marketing LP.U.S.only.Dell Marketing LP.is located at One Dell Way, Mail Stop 8129, Round Rock.TX 78682