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Home My WebLink About24-22 Resolution No. 24-22 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH INSIGHT PUBLIC SECTOR, INC. FOR COMPUTER STORAGE AREA NETWORK (SAN) REPLACEMENT AND ACCEPTING THE END USER AGREEMENT WITH PURE STORAGE, INC. 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 Insight Public Sector, Inc., for computer Storage Area Network (SAM) replacement, 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 Richard G. Kozal, City Manager, hereby accepts the End User Agreement on behalf of the City of Elgin with Pure Storage, Inc., for computer Storage Area Network (SAM) replacement, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2024 Adopted: January 24, 2024 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 24th day of January , 2024, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City")and Insight Public Sector, Inc., an Illinois 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. PURCHASE. City shall purchase and Seller shall sell the goods and/or services to the City as described in the two(2)page proposal,dated December 8,2023,attached hereto and made a part hereof as Attachment A, and as provided by the Sourcewell Contract "OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND SERVICES (#23-6692-03), incorporated herein by reference(the"Sourcewell Agreement"). 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof and the Sourcewell Agreement. In the event of any conflict between any of the terms and provisions of this Agreement and either Attachment A or the Sourcewell Agreement, or any portion thereof, the terms and provisions of this Agreement shall supersede and control. In the event of any conflict between Attachment A and the Sourcewell Agreement,Attachment A shall supersede and control. 3. LAWNENUE. 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;and Seller agrees that service by first class U.S. mail to Insight Public Sector, Inc., 2701 E. Insight Way, Chandler, AZ 85286 shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement, except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 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. Seller 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. 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, nondiscrimination and legal status of employees. 9. COUNTERPARTS AND 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. This Agreement may be executed electronically,and any signed copy of this Agreement transmitted by facsimile machine,email,or other electronic means 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 facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay the total sum of Five Hundred Forty Five Thousand Four Hundred Eleven Dollars and Two Cents($535,652.51),pursuant to Attachment A,within thirty(30) days of delivery or City's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all delivery costs associated with the service(s). The City of Elgin is a tax-exempt governmental entity. 11. 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. 12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. 13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Seller or Seller's officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action shall be defended by legal counsel of the City's choosing. 14. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories, components, and services to the benefit of the City. 2 15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 17. LIMITATION OF ACTIONS.The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 19. NONDISCRIMINATION. The Seller will not discriminate against any employee or applicant for employment because of race,color,religion,sex,national origin,age,ancestry,order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants,prospective job applicants, and subcontractors. The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF,the Parties have hereto set their hands the day and year first above written. INSIGHT PUBLIC SECTOR, INC. CI ELGIN Lisanne Steinheiser _ Print Name 'chard G. Kozal,City Manager Attest: Signature Global Compliance Officer Title ity Clerk 1/18/2024 `� 02`- Date D e Legal Dept'.Agreementinsight Public Sector-Purchase Agr-Storage Network w-Pure Storage-I-I 2-24.docx 3 ATTACHMENT A •�- INSIGHT PUBLIC SECTOR SLED Page 1 of 2 Insight ' 2701 E INSIGHT WAY Pad ,t aw CHANDLER AZ 85286-1930 Tel: 800-467-4448 SOLD-TO PARTY 10283574 Quotation CITY OF ELGIN 150 DEXTER CT Quotation Number : 0226931914 ELGIN IL 60120-5527 Document Date : 08-DEC-2023 PO Number SHIP-TO PO release: • CITY OF ELGIN Sales Rep : Bob Erwin 150 DEXTER CT Email : BOB.ERWIN@INSIGHT.COM ELGIN IL 60120-5527 Telephone : +14803667058 Sales Rep 2 : Britney Shouppe Email : BRITNEY.SHOUPPE@INSIGHT.COM Telephone : +17276418984 We deliver according to the following terms: Payment Terms Net 30 days Ship Via : Insight Assigned Carrier/Ground Terms of Delivery : FOB DESTINATION Currency : USD Material Material Description Quantity Unit Price Extended Price EAC50R4ETH240TB101 PURE STORAGE FLASHARRAY 1 127,165.67 127,165.67 C50R4-ETH240TB-10X24TB OMNIA PARTNERS(COBB COUNTY)IT PRODUCTS AND SERVICES(#23-6692-03) List Price: 141613.99 Discount: 10.203% FAC50R4240TB1MOPRFA-050R4-240TB 1 MONTH EVERGREEN 72 1,890.76 136,134.72 SUBSCRIPTION,4 HOUR DELIVERY. 24/7 DSE Coverage Dates: 01-JAN-2024-01-JAN-2030 OMNIA PARTNERS(COBB COUNTY) IT PRODUCTS AND SERVICES(#23-6692-03) List Price:2468.99 Discount:23.420% PSFLASHARRAYINSTAIPure Flash Array Installation 1 4,275.00 4,275.00 OMNIA PARTNERS(COBB COUNTY) IT PRODUCTS AND SERVICES(#23-6692-03) List Price: 5670.99 Discount: 24.616% FAC50R4ETH240TB101 PURE STORAGE FLASHARRAY 1 127.667.40 127,667.40 C50R4-ETH240TB-10X24TB OMNIA PARTNERS(COBB COUNTY) IT PRODUCTS AND SERVICES(#23-6692-03) List Price: 141613.99 Discount: 9.848% FAC50R4240TB1MOPRFA-050R4-240TB 1 MONTH EVERGREEN 72 1,890.76 136,134.72 SUBSCRIPTION,4 HOUR DELIVERY, 24/7 DSE Coverage Dates: 01-JAN-2024-01-JAN-2030 OMNIA PARTNERS(COBB COUNTY) IT PRODUCTS AND SERVICES(#23-6692-03) List Price:2468.99 Discount: 23.420% •• Quotation Number 226931914 n S 19 Il Document Date 08-DEC-2023 Page 2 of 2 Material Material Description Quantity Unit Price Extended Price PSFLASHARRAYINSTAIPure Flash Array Installation 1 4.275.00 4,275.00 OMNIA PARTNERS(COBB COUNTY) IT PRODUCTS AND SERVICES(#23-6692-03) List Price: 5670.99 Discount: 24.616% Product Subtotal 527,102.51 Services Subtotal 8,550.00 TAX 0.00 Total 535,652.51 Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering. Sincerely, Bob Erwin +14803667058 BOB.ERWIN@INSIGHT.COM Britney Shouppe +17276418984 BRITNEY.SHOUPPE@INSIGHT.COM To purchase under this contract, your agency must be registered with OMNIA Partners Public Sector. Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options. This purchase is subject to Insight's online Terms of Sale unless you have a separate purchase agreement signed by you and Insight, in which case. that separate agreement will govern. Insight's online Terms of Sale can be found at the "terms-and-policies" link below. SOFTWARE AND CLOUD SERVICES PURCHASES: If your purchase contains any software or cloud computing offerings ("Software and Cloud Offerings"), each offering will be subject to the applicable supplier's end user license and use terms ("Supplier Terms") made available by the supplier or which can be found at the "terms-and-policies" link below. By ordering, paying for, receiving or using Software and Cloud Offerings, you agree to be bound by and accept the Supplier Terms unless you and the applicable supplier have a separate agreement which governs. https://www.insight.com/terms-and-policies