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HomeMy WebLinkAboutReso 26-2021 (21-24)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) lip South San Francisco, CA City Council Resolution: RES 26-2021 File Number: 21-24 Enactment Number: RES 26-2021 A RESOLUTION APPROVING A PURCHASE AGREEMENT WITH DELL MARKETING L.P. TO PURCHASE INFORMATION TECHNOLOGY (IT) EQUIPMENT FOR THE CIVIC CAMPUS PROJECT, PHASE I, POLICE OPERATIONS & 911 DISPATCH CENTER IN AN AMOUNT NOT TO EXCEED $156.646.98. WHEREAS, on January 8, 2020, the City Council awarded a construction contract to Swinerton Builders of San Francisco, California for the Civic Campus: Phase 1 Police Operations & 911 Dispatch Center (Project No. pf2003; Bid No. 2633) in the amount of $52,553,015; and WHEREAS, on January 8, 2020 the overall Phase 1 budget was adjusted to include Furniture, Fixtures, and Equipment (FF&E) including communication and IT equipment for the new Police Operations & 911 Dispatch Center; and, WHEREAS, the existing Police Department information technology (IT) equipment has been in service for over seven years and have reached the end of economic life; and WHEREAS, new IT equipment includes workstations (computer, monitor, keyboard, mouse) used daily by Police Officers and Administration; and WHEREAS, this agreement is for the purchase of equipment only (no services) and; WHEREAS, the new IT equipment must be compatible with the existing equipment used at the Police Station and other City facilities, which use Dell Technologies products as the standard for desktops, laptops and servers; and WHEREAS, the new communication equipment will have an economic anticipated lifespan of six years; and WHEREAS, Council has the authority to approve sole sourcing of these items under the City purchasing policy, which allows sole -sourcing when "the item purchase is so unique, that only one possible source could meet the established standards"; and WHEREAS, California Public Contract Code Section 3400(c) also permits general law cities to suspend competitive bidding in public works contracts and to make sole source purchases of products in order to match other products in use on a particular public improvement either completed or in the course of completion; and City of South San Francisco Page 1 File Number: 21-24 Enactment Number. RES 26-2021 WHEREAS, the City finds the contract is for unique equipment that meets these requirements; and WHEREAS, South San Francisco Municipal Code section 4.04.040(b) and the City purchasing policy further allow the City to purchase goods and services through cooperative purchasing programs with other government agencies, if the contract terms are valid and have been negotiated by another governmental agency using a quote or bid process that substantially conforms to the procedures established by state law and the City purchasing ordinance; and WHEREAS, Dell Marketing L.P. has provided a quote based on the National Association of State Procurement Officials (NASPO) Valuepoint purchasing program, and staff has confirmed that this quote process substantially conformed to the City's requirements and state law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco adopts a resolution approving a Purchase Agreement with Dell, Inc. in an amount not to exceed $156,646.98 in substantially the same form as attached hereto; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement amendments and any other related on behalf of the City upon timely submission of Dell, Inc., signed contract all other required documents, subject to approval as to form by the City Attorney. At a meeting of the City Council on 1/27/2021, a motion was made by Councilmember Nicolas, seconded by Vice Mayor Nagales, that this Resolution be approved. The motion passed. Yes: 4 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, and Councilmember Coleman Attest by 41C)sa Govea Acosta, City Clerk City of South San Francisco Page 2 Page 1 of 4 [Rev:11/14/2016] PURCHASE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND DELL MARKETING LP. These terms and conditions govern the purchase of materials, supplies, and/or equipment, including any related installation, training, and/or minor services and repairs described in this Purchase Agreement (“Purchase Agreement”) by Dell, Inc. (“Vendor”) for the City of South San Francisco (“City”). Vendor and City are collectively referred to in this Purchase Agreement as “the Parties.” If the Vendor selects subcontractors to execute a portion the terms of this Purchase Agreement, that subcontractor is an agent of the Vendor, and is hereby included by reference as “the Vendor.” 1. Time of Performance. This Purchase Agreement shall commence effective January 28, 2021 and shall end when Vendor has provided to the City the Products and Services described in this Purchase Agreement, and in Exhibit A (“Products” and/or “Services”). The equipment and products listed in Exhibit A must be delivered by September 30, 2021. The installation and other services set forth in Exhibit A must be completed by September 30, 2021. In the event that any of the terms of Exhibit A conflict with this Purchase Agreement, the terms of the Purchase Agreement shall prevail. 2. Description of Goods. Vendor shall perform everything required to be performed and shall provide and furnish to City with computers and monitors and shall complete delivery F.O.B. to the City of South San Francisco on or before 245 calendar days from the date of this Purchase Agreement in strict accordance with the specifications as established by this Purchase Agreement and Exhibit(s), which specifications are incorporated herein and made part of this Purchase Agreement. 3. Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services with a not to exceed amount. The total compensation for Products and/or Services performed under this Purchase Agreement is not to exceed one hundred fifty six thousand six hundred forty six dollars and ninety eight cents ($156,646.98) The City shall pay Vendor invoices for Products and/or Services actually delivered in accordance with this Purchase Agreement. To be eligible for payment, Vendor invoices must itemize the Products and/or Services delivered and the corresponding prices in accordance with this Purchase Agreement. Payment of Vendor invoices does not constitute acceptance of Products and/or Services delivered. Prices of Products and/or Services delivered that are not in accordance with this Purchase Agreement are subject to adjustment. In no event will the prices of Products and/or Services delivered exceed that specified on this Purchase Agreement. Payments shall be subject to adjustment for defects in quality or failure of Vendor to meet terms and conditions herein and in Exhibit A. Such adjustments shall be equal to one hundred percent (100%) of City’s costs to correct such defects or Vendor’s failure to meet Purchase Agreement requirements. 4. Taxes. Vendor shall pay all applicable federal, state and local taxes, which may be chargeable against the delivery of the Products and/or Services listed herein. 5. General Warranties and Product Compliance. Vendor warrants that: (A) All Products and /or Services are as described on this Purchase Agreement conform to all drawings, samples, descriptions and specifications contained in Exhibit A; (B) All Products and/or Services delivered are new and of good merchantable quality, free from material defects of workmanship and fit for the purpose for which sold or provided; (C) Vendor has good title to all Products delivered and all Products delivered are free from liens and other encumbran ces; and (D) Vendor's delivery and installation of the Products and/or Services will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any Products or components not meeting the foregoing quality shall be deemed defective. The foregoing warranty provisions shall also be applicable to equipment or materials provided by a third party entity to Vendor via this Purchase Agreement. Vendor also expressly warrants and guarantees, for three (3) years that the Products and/or Services furnished by it to City shall be free from breakage or defects of material and workmanship under normal use, service and maintenance from the date of acceptance of the City, and expressly agrees to repair or replace Products and/or Services or any part thereof which proves defective as a result of inferior or defective materials, equipment or workma nship. If within the period stated above, any repairs or replacements in connection with the Products and/or Services are, in the opinion of the City, rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship, Vendor agrees on receipt of notice from City and without expense to the City, for freight, parts or labor, to properly repair, replace or corr ect any and all such defects therein. If Vendor, after such notice, fails to proceed promptly with the terms of thi s warranty and guarantee, the City may perform the work necessary to effectuate such corrections, repairs and replacements, and recover the cost thereof from Vendor. 6. Damage to City Facilities. Damage to City or public facilities or private property caused by the Vendor or by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the City. Page 2 of 4 [Rev:11/14/2016] 7. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during installation. After installation is completed at the site, Vendor shall clean the surrounding area to the condition prior to installation. 8. Final Inspection and Work Acceptance. Finished installation work and/or equipment shall be subject to final inspection and acceptance or rejection by the City. 9. Indemnity. To the fullest extent permitted by law, Vendor shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the “City Indemnitees”) from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising out of or in connection with the delivery and installation of the Products and/or Services described on this Purchase Agreement or Vendor’s failure to comply with this Purchase Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. 10. Insurance. Before beginning any installation work and continuing throughout the term of this Purchase Agreement, Vendor, at its sole cost and expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City -owned or City-furnished equipment used or operated by the Vendor, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non -owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds with any City insurance shall be secondary and in excess to Vendor’s insurance. If the Vendor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurer s do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. The City Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 11. Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic emplo yed by Vendor or by any subcontractor shall receive the wages herein provided for. The Vendor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less tha n prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Vendor to each worker. An error on the part of an awarding body does not relieve the Vendor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 -1775. The City will not recognize any claim for additional compensation because of the payment by the Vendor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Vendor. A. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Vendor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be Page 3 of 4 [Rev:11/14/2016] engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. B. Payroll Records. Each Vendor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Vendor in connection with the public work. Such records shall be certified and sub mitted weekly as required by Labor Code Section 1776. 12. Payment of Employment Taxes; Tax Withholding. Vendor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Vendor must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit B. Unless Vendor provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Vendor as required by law. Vendor shall obtain, and maintain on file for three (3) years after the termination of this A greement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Vendor accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Vendor’s withholding duty to City upon request. 13. Termination. In addition to all other legal and equitable rights of the City, the City may terminate this Purchase Agreement upon notice to the Vendor. If the City terminates this Purchase Agreement, the City will pay the Vendor for Products and/or Services accepted in accordance with this Purchase Agreement prior to the date of termination. 14. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal action or proceeding. 15. Notice. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Vendor: Dell Inc. One Dell Way, Mail Stop 8129 Round Rock, TX 78682 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 16. Assignment, Governing Law. The Vendor may not assign any of Vendor's obligations under this Purchase Agreement without the City’s prior written approval. This Purchase Agreement is governed by California law. The jurisdiction for any litigation arising from this Purchase Agreement shall be in the state of California, and shall be venued in the County of San Mateo. 17. Severability. If any portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity shall not affect the validity of the remaining portions of this Purchase Agreement. 18. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Purchase Agreement may be modified or amended only by a subsequent written agreement signed by both Parties. 19. Execution in Counterpart. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, Page 4 of 4 [Rev:11/14/2016] and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. CITY OF SOUTH SAN FRANCISCO DELL, INC. A Municipal Corporation By:___________________________ By:___________________________ City Manager Approved as to Form: __________________________ City Attorney 2729963.1 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.3000072727689.1 Total $156,646.98 Customer #5513107 Quoted On Nov. 10, 2020 Expires by Feb. 08, 2021 Deal ID 21029704 Sales Rep Nicole Cooper Phone (800) 456-3355, 6180432 Email [email protected] Billing To CITY OF SOUTH SAN FRANCISCO CITY OF SOUTH SAN FRANCISCO 400 GRAND AVE SOUTH SAN FRANCISCO, CA 94080-3698 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, Nicole Cooper Shipping Group Shipping To JOANNA DAWSON CITY OF SOUTH SAN FRANCISCO 329 MILLER AVE SOUTH SAN FRANCISCO, CA 94080-3725 (650) 829-3923 Shipping Method Standard Delivery Product Unit Price Qty Subtotal OptiPlex 7080 Micro $750.00 104 $78,000.00 Micro AIO Stand MFS18 CUS KIT $67.00 104 $6,968.00 Dell UltraSharp 24 Monitor - U2419H $155.00 104 $16,120.00 Dell UltraSharp 24 Monitor - U2419H $175.00 70 $12,250.00 Precision 5820 Tower $2,860.00 10 $28,600.00 Page 1 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 Subtotal: Shipping: Environmental Fee: Non-Taxable Amount: Taxable Amount: Estimated Tax: Total: $141,938.00 $0.00 $870.00 $870.00 $141,938.00 $13,838.98 $156,646.98 Consult your DFS rep. Special lease pricing may be available. 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 JOANNA DAWSON CITY OF SOUTH SAN FRANCISCO 329 MILLER AVE SOUTH SAN FRANCISCO, CA 94080-3725 (650) 829-3923 Shipping Method Standard Delivery Qty Subtotal OptiPlex 7080 Micro Estimated delivery if purchased today: Nov. 23, 2020 Contract # C000000181156 Customer Agreement # MNWNC-108/7157034003 $750.00 104 $78,000.00 Description SKU Unit Price Qty Subtotal OptiPlex 7080 MFF BTX 210-AVLK -104 - Intel(R) Core(TM) i5-10500T (6 Cores/12MB/12T/2.3GHz to 3.8GHz/35W)338-BVDE -104 - Win 10 Pro 64 English, French, Spanish 619-AHKN -104 - No Microsoft Office License Included – 30 day Trial Offer Only 658-BCSB -104 - 16GB (1x16GB) DDR4 non-ECC Memory 370-AFIX -104 - M.2 256GB PCIe NVMe Class 35 Solid State Drive 400-BEUW -104 - Thermal Pad 412-AALV -104 - M2X3.5 Screw for SSD/DDPE 773-BBBC -104 - No Additional Hard Drive 401-AANH -104 - Intel Integrated Graphics, Dell OptiPlex 490-BBFG -104 - OptiPlex 7080 Micro 35W 329-BEUG -104 - 90 Watt AC Adapter 450-AJNU -104 - System Power Cord (Philipine/U 450-AAZN -104 - Internal Wireless Antennas 555-BFPV -104 - Intel Wi-Fi 6 AX201, Dual-band 2x2 802.11ax with MU-MIMO + Bluetooth 5.1 555-BFRK -104 - Intel(R) Wi-Fi 6 AX201 2x2 (Gig+) + Bluetooth 5.1 555-BFUF -104 - No Stand Option 575-BBBI -104 - No Additional Cable Requested 379-BBCY -104 - No PCIe add-in card 492-BBFF -104 - Black Dell KB216 Wired Multi-Media Keyboard English 580-ADJC -104 - Dell Optical Mouse - MS116 (Black)570-ABIE -104 - No Cable Cover 325-BCZQ -104 - Waves Maxx Audio 658-BBRB -104 - Dell SupportAssist OS Recovery Tool 658-BEOK -104 - Dell Optimizer 658-BEQP -104 - OS-Windows Media Not Included 620-AALW -104 - ENERGY STAR Qualified 387-BBLW -104 - Page 3 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 EPEAT 2018 Registered (Gold)379-BDZB -104 - Dell Watchdog Timer 379-BDWG -104 - Quick Start Guide for OptiPlex 7080 Micro 340-CQNH -104 - Trusted Platform Module (Discrete TPM Enabled)329-BBJL -104 - Ship Material for OptiPlex Micro Form Factor 340-CQYN -104 - Shipping Label for DAO 389-BBUU -104 - Regulatory Label for 90 W Adapter (DAO)389-DVNW -104 - No Intel Responsive 551-BBBJ -104 - Desktop BTS/BTP Shipment 800-BBIP -104 - No Anti-Virus Software 650-AAAM -104 - No Additional Network Card Selected (Integrated NIC included)555-BBJO -104 - Fixed Hardware Configuration 998-EDVT -104 - No Additional Add In Cards 382-BBHX -104 - No Optane 400-BFPO -104 - Intel vPro Technology Enabled 631-ACNM -104 - Speaker for OptiPlex MFF 520-AARC -104 - No Option Included 340-ACQQ -104 - Dell Limited Hardware Warranty Plus Service 812-3886 -104 - Onsite/In-Home Service After Remote Diagnosis 3 Years 812-3887 -104 - Qty Subtotal Micro AIO Stand MFS18 CUS KIT Estimated delivery if purchased today: Nov. 23, 2020 Contract # C000000181156 Customer Agreement # MNWNC-108/7157034003 $67.00 104 $6,968.00 Description SKU Unit Price Qty Subtotal Micro AIO Stand MFS18 CUS KIT 452-BCQC -104 - Qty Subtotal Dell UltraSharp 24 Monitor - U2419H Estimated delivery if purchased today: Dec. 08, 2020 Contract # C000000181156 Customer Agreement # MNWNC-108/7157034003 $155.00 104 $16,120.00 Description SKU Unit Price Qty Subtotal Dell UltraSharp 24 Monitor - U2419H Without Stand 210-ARCI -104 - Dell Limited Hardware Warranty 814-5380 -104 - Advanced Exchange Service, 3 Years 814-5381 -104 - Qty Subtotal Dell UltraSharp 24 Monitor - U2419H Estimated delivery if purchased today: Nov. 23, 2020 Contract # C000000181156 Customer Agreement # MNWNC-108/7157034003 $175.00 70 $12,250.00 Description SKU Unit Price Qty Subtotal Dell UltraSharp 24 Monitor - U2419H 210-ARCF -70 - Dell Limited Hardware Warranty 814-5380 -70 - Advanced Exchange Service, 3 Years 814-5381 -70 - Page 4 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 Qty Subtotal Precision 5820 Tower Estimated delivery if purchased today: Dec. 03, 2020 Contract # C000000181156 Customer Agreement # MNWNC-108/7157034003 $2,860.00 10 $28,600.00 Description SKU Unit Price Qty Subtotal Precision 5820 Tower XCTO Base 210-ANJK -10 - Intel (R) Core (TM) i9-10900X 3.7GHz,(4.7GHz Turbo, 10C, 19.25MB Cache, HT, (165W), DDR4-2666 Non-ECC)338-BUNV -10 - Intel(R) Core(TM) i9 Label 389-CGEV -10 - CPU Heatsink 5820 Tower 412-AALF -10 - Windows 10 Pro, 64bit English 619-ANUF -10 - No Microsoft Office License Included – 30 day Trial Offer Only 658-BCSB -10 - Precision 5820 Tower Core X 950W PCIe FlexBay Chassis CL 321-BFGM -10 - AMD Radeon Pro W5500, 8GB, 4 DP (Precision 7920R/7920T/7820T/5820T)490-BGHK -10 - 64GB (2X32GB) 2666MHz DDR4 UDIMM Non-ECC 370-AEWY -10 - No Out-of-Band Systems Management 631-ABML -10 - Intel NVMe PCIe SSD (Front PCIe FlexBay)414-BBBV -10 - Intel Integrated controller (RST-e) with 1-2 Front FlexBay NVMe PCIe Drives 321-BDWI -10 - Dell M.2 carrier 400-AVDR -10 - M.2 2TB PCIe NVMe Class 40 Solid State Drive 401-ABPP -10 - No Hard Drive 400-AKZR -10 - No Hard Drive 400-AKZR -10 - No Hard Drive 400-AKZR -10 - No Optical 429-ABER -10 - No Hard Drive 400-AKZR -10 - No Hard Drive 400-AKZR -10 - No RAID 780-BBCJ -10 - Slim filler panel (no opt.)429-ABEP -10 - Boot drive or storage volume is greater than 2TB (select when 3TB/4TB HDD is ordered)411-XXYB -10 - Black Dell KB216 Wired Multi-Media Keyboard English 580-ADJC -10 - Black Dell MS116 Wired Mouse 275-BBBW -10 - Thank You for Choosing Dell 340-ADBJ -10 - No Additional Network Card Selected (Integrated NIC included)555-BBJO -10 - No Driver 555-BBNI -10 - Trusted Platform Module (Discrete TPM Enabled)329-BBJL -10 - US Power Cord 470-AAKG -10 - Placemat 5820 Tower MUI DAO 340-BYNM -10 - Resource DVD not Included 430-XXYU -10 - OS-Windows Media Not Included 620-AALW -10 - Not ENERGY STAR Qualified 387-BBBE -10 - Page 5 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 Dell Optimizer for Precision 640-BBSC -10 - No Driver 555-BBNI -10 - No UPC Label 389-BCGW -10 - Ship Material Tower 5820,7820 328-BCRU -10 - SHIP,PWS,LNK,NO,NO,AMF 340-AEYP -10 - T5820 950W Regulatory Label (DAO)389-CGKH -10 - No Stand included 575-BBCH -10 - No Accessories 461-AABV -10 - Performance Optimized 370-AAIP -10 - BIOS match checked back to factory 444-BBBG -10 - BIOS binary check enabled and verified 444-BBBS -10 - Enable Low Power Mode 658-BBMQ -10 - No Anti-Virus Software 650-AAAM -10 - Dell Limited Hardware Warranty Plus Service 997-7163 -10 - Onsite/In-Home Service After Remote Diagnosis, 3 Years 997-7165 -10 - Subtotal: Shipping: Environmental Fee: Estimated Tax: Total: $141,938.00 $0.00 $870.00 $13,838.98 $156,646.98 Page 6 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 [email protected] or [email protected] , 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-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. ^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. Page 7 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682