The URL can be used to link to this page

Home My WebLink About25-0326 Dell MHEC D \\ M�1EC. March 26, 2025Agenda Bid Item: (, — Purchase of Desktop Computers from Dell Technologies — Midwestern Higher Education Compact Master Agreement (MHEC) ($54,000) PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 26th day of March 2025, 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 in the five(5)page quote incorporated herein as Attachment A; and shall be governed by the terms and conditions of the Midwestern Higher Education Commission contract #C000000979569 and MHEC-04152022 ("MHEC WA") incorporated herein by reference. 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.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, Mail Stop 8129, 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. MERGE$. 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. $EVERABILITY. 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. 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 2 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. 8. 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. 9. pAYMENT. City shall pay the sum of Fifty-four Thousand Dollars, ($54,000.00) as described in Attachment A, which shall be paid within thirty (30) days of delivery or invoice, whichever is later. All transportation and delivery shall be at Dell's sole expense. 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. The city is a tax- exempt governmental body. 10. DELIVERY. Dell shall complete delivery of all goods within sixty (60) days of contract execution. 11. 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. 12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. 13. ,SUPPLIER SOFTWARE LICENSES AND SERVICES DESCRIPTION. C'ity's use of any Supplier software is subject to the license terms accompanying such software. 14. 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 Attachment A are subject to additional, specific terms stated on www.dell.com/offeringspecificterms("Offer Specific Terms"). 3 IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. DELL MARKETING, L.P. CITY OF ELGIN Ana Pitti 9#rdW L� Print Name Richard G. Kozal, City Manager Ana Titti Attest: Signature Senior Analyst, Paralegal Title City Clerk C:\Users\bailey_k\Box\Legal Dept\Agreement\Dell-Midwestern Higher Education Comm Purchase Agr-3-I3-25.docx 4 Attachment A D1LTech nolog les Your quote is ready for purchase. Complete the purchase of your personalized quote through our secure online checkout before the quote expires on Apr. 11, 2025. You can download a copy of this quote during checkout. Place your order Quote Name: Alienware New Desktop Sales Rep Alifa Tazin with 4060 8gb Phone 1(800)4563355, 6183866 Quote No. 3000186792008.2 Email Alifa_Tazin@Dell.com Total $54,000.00 Billing To ACCTS PAYABLE Customer# 6776139 CITY OF ELGIN Quoted On Mar. 12, 2025 150 DEXTER CT Expires by Apr. 11, 2025 ELGIN, IL 60120-5527 Dell Midwestern Higher Contract Name Education Compact (MHEC)Master Agreement Contract Code C000000979569 Customer Agreement# MHEC-04152022 Deal ID 28049367 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, Alifa Tazin Additional Comments DELL BUSINESS CREDIT^. If your purchase qualifies for a promotional offer, the promotion will automatically be applied to this quote and will be reflected in your monthly statement. NO INTEREST IF PAID IN FULL WITHIN 90 DAYS; Available at time of purchase on (1)qualifying XPS, Latitude, OptiPlex, Precision, Vostro, Inspiron, G-Series $699 or more, (2) Dell monitors $199 or more and (3)PowerEdge, PowerVault and Dell Networking, when using Dell Business Credit on August 1, 2022 through August 28, 2022. Minimum purchase amount may be required. Minimum monthly payments are required but may not pay your purchase in full by the end of the promotional period due to purchase amount, promotion length, additional purchases or allocation of payments in excess of the minimum payment. Promotional offer is valid only when account remains in good standing. Accrued Finance Charges will be billed from the transaction posting date, if the purchase balance is not paid in full within 90 days. RESTRICTIONS: Assumes product is available. Any promotional offer is limited-time and intended for qualified customers. Offers, including those at Dell.com may vary, are subject to credit approval and may be changed without notice. PROMOTION DOES NOT INCLUDE printer cables, toner, warranty or any peripheral items. Refurbished and/or used purchases do not qualify for promotions. Promotional financing is made available to Dell Direct customers only and is not combinable with other Dell, DFS or other vendor offers. Page 1 Shipping Group Shipping To Shipping Method MIKE BAYARD Standard Delivery CITY OF ELGIN 151 DOUGLAS AVE ELGIN, IL 60120-5539 (847)289-2574 Product Unit Price Quantity Subtotal Alienware Aurora ACT1250 $2,000.00 27 $54,000.00 Subtotal: $54,000.00 Shipping: $0.00 Non-Taxable Amount: $54,000.00 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $54,000.00 r. ��' Accelerate the power �=o ; of Al for your data � �: _'� �'�� Take the first step in achieving ` - 0dos!.al o�- "'i`' _ Learn More - Generative Al success M Page 2 Dell Marketing LP U S only Dell Marketing LP is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 Shipping Group Details Shipping To Shipping Method MIKE BAYARD Standard Delivery CITY OF ELGIN 151 DOUGLAS AVE ELGIN, IL 60120-5539 (847)289-2574 Unit Price Quantity Subtotal Alienware Aurora ACT1250 $2,000.00 27 $54,000.00 Estimated delivery if purchased today: Apr.07,2025 Contract#C000000979569 Customer Agreement#MHEC-04152022 Description SKU Unit Price Quantity Subtotal Custom Configuration 817-BBBB - 27 - Alienware Aurora ACT1250 210-BPDX - 27 - 16GB Dual Channel DDR5(2x 8GB-Green)5200 MT/s 370-BCPV - 27 - Dell Wired Keyboard-KB216-US English-Black 580-BCVG - 27 - NVIDIA(R)GeForce RTX(TM)4060,8GB GDDR6 490-BKQY - 27 - BE200 driver 555-BLXQ - 27 - 1TB NVMe M.2 PCIe SSD 400-BSMN - 27 - Dell Wired Mouse-MS116-Black 570-BBKS - 27 - Intel Wi-Fi 7 BE200(2x2)802.11ax Wireless LAN and 555-BLMP - 27 - Bluetooth US Power Cord 470-AEJY - 27 - Documentation 340-DNBV - 27 - 1000W Platinum Rated PSU,Air-Cooled CPU&Clear Side 321-BLSK - 27 - Panel Intel(R)Core(TM)Ultra 7 processor 265F(20-Core,66MB 338-CSHP - 27 - Total Cache, 1.8GHz to 5 3GHz) Shipping Material 340-DTCT - 27 - Regulatory Label 389-FJTR - 27 - Intel Core Ultra 7 Processor Label 389-FGBC - 27 - Game Pass 658-BFQH - 27 - Windows 11 Pro 619-BBQD - 27 - x86,English,French,Spanish,Brazilian Portugese 619-BBPD - 27 - Activate Your Microsoft 365 For A 30 Day Trial 658-BCSB - 27 - Mail In Service 12 Months 709-BHFP - 27 - Prosupport Plus.Accidental Damage Service,36 Month(s) 127-BCBY - 27 - ProSupport Plus:Next Business Day Onsite Service 199-BYTW - 27 Extension,24 Month(s) ProSupport Plus:Next Business Day Onsite Service Initial, 12 199-BYTX - 27 Month(s) ProSupport Plus:Keep Your Hard Dnve,36 Month(s) 711-BDSY - 27 - Page 3 Dell Marketing LP U S only. Dell Marketing LP. is located at One Dell Way. Mail Stop 8129, Round Rock, TX 78682 Subtotal: $54,000.00 Shipping: $0.00 Estimated Tax: $0.00 Total: $54,000.00 Page 4 • 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 vvvw.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-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific,Third Party and Program Specific Terms:Customer'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 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 Customer's invoice.Supplier encourages customers to dispose of electronic equipment properly. Electronically linked terms and descriptions are available in hard copy upon request. Page 5