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Resolution 2024-53 Resolution No. 2024-53 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS APPROVING A LICENSE AGREEMENT FOR WINDOWS SERVERS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized unit of government of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution; and WHEREAS, the City's Municipal Code provides that the City may approve contracts for supplies and equipment that have not been competitively bid by a two-thirds affirmative vote of the City Council; and WHEREAS, the City desires provide its employees with continued access to and use of Windows Servers (the "System"); and WHEREAS, the System is not offered by multiple vendors, and therefore the City is unable to solicit multiple bids for quotes to access the System; and WHEREAS, the City has received a quote from Dell Technologies for a one-time fee of $24,501.60 for a three year license (the "System License") to use the System (the "System Quote"), said System Quote attached hereto as Exhibit A; and WHEREAS, to allow City employees access the System, the City is required to obtain Client Access Licenses ("CAL"); and WHEREAS, the City can obtain CAL for a one-time fee of$149.40 for a three year CAL a quote for which has been submitted to the City by Dell Technologies (the "CAL Quote") and is attached hereto as Exhibit B; and WHEREAS, the Mayor and City Council have determined that it is in the best interests of the City and its residents to waive the competitive bidding requirement and to authorize and Resolution No.2024-53 Page 1 enter into the System License and the CAL in accordance with the provisions of the System Quote and the CAL Quote. NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. In consideration of the foregoing recitals, the competitive bidding requirement is hereby waived, and the City Administrator and City Finance Department are hereby authorized and directed to proceed with the purchase described in Exhibit A, in an amount not to exceed $24,501.60. Section 3. In consideration of the foregoing recitals, the competitive bidding requirement is hereby waived, and the City Administrator and City Finance Department are hereby authorized and directed to proceed with the purchase described in Exhibit B,in an amount not to exceed $149.40. Section 4. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 121h day of November, A.D. 2024. Cl Y CLERK Resolution No. 2024-53 Page 2 KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this 10 day of J\�O V`e j JI L9et , A.D. 2024. -Ti MAYOR - Attest: C CLERK Resolution No. 2024-53 Page 3 Exhibit A D44.LTechnologies Your Quote is ready. Your personalized Quote is now available for purchase. Complete your order through our secure online checkout before your Quote expires. Order Now Quote No. :3000182557578.1 Sales Rep Phillip Reavis Total $24.501.60 Phone 1(800)456-3355, 80000 Customer# 15323999 Email Phillip.Reavis@Dell.com Quoted On Oct. 24, 2024 Billing To ACCOUNTS PAYABLE Expires by Oct. 31, 2024 CITY OF YORKVILLE Contract Name NASPO SVAR- Illinois PA 651 PRAIRIE POINTE DR Contract Code C000001197009 YORKVILLE, IL 60560 Customer Agreement# CTR060024 Message from your Sales Rep Please use the Order button to securely place the order with your preferred payment method online.You may contact your Dell sales team if you have any questions. Thank you for shopping with Dell. Regards, Phillip Reavis Shipping Group Shipping To Shipping Method ERIN WILLRETT Standard Delivery CITY OF YORKVILLE 800 GAME FARM RD YORKVILLE, IL 60560 (630)553-4350 Quantity Unit Price Subtotal MICROSOFT SLG EA 6.0-607861 1. VLA WINDOWS SERVER DATACENTER PER 2 CORE LIC 30 $816.72 $24,501.60 LIC/SA ALL LANGUAGES - _ma _ _____� _.w, Subtotal: $24,501.60 Shipping: $0.00 Non-Taxable Amount: $24,501.60 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $24,501.60 rF Accelerate . po • of Al for your data w e �wA w:' achievingTake the first step in Learn • _ Generative Al success Page 2 Shipping Group Details Shipping To Shipping Method ERIN WILLRETT Standard Delivery CITY OF YORKVILLE 800 GAME FARM RD YORKVILLE, IL 60560 (630) 553-4350 Quantity Unit Price Subtotal MICROSOFT SLG EA 6.0 -607861 1. VLA WINDOWS SERVER DATACENTER PER 2 CORE LIC 30 $816.72 $24,501.60 LIC/SA ALL LANGUAGES SKU:AD180092 MFG Part#:9EA-00039 OLS Purchase Type: Current Duration:36 Total Duration:36 Maint.End Date:Nov. 30,2026 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- Senrice 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):Offered to business customers by WebBank,who determines qualifications for and terms of credit. Taxes,shipping and other charges are extra and vary.The Total Minimum Payment Due is the greater of either$20 or 3%of the New Balance shown on the statement rounded up to the next dollar,plus all past due amounts.Dell and the Dell logo are trademarks of Dell Inc. Page 4 Exhibit B D4;LLTechnologies Your Quote is ready. Your personalized Quote is now available for purchase. Complete your order through our secure online checkout before your Quote expires. Order QUOte No 3000182661307,1 Sales Rep Phillip Reavis E olal $149,40 Phone 1(800)456-3355, 80000 Customer# 15323999 Email Phillip.Reavis@Dell.com Quoted On Oct. 25, 2024 Billing To ACCOUNTS PAYABLE Expires by Oct. 31, 2024 CITY OF YORKVILLE Contract Name NASPO SVAR- Illinois PA 651 PRAIRIE POINTE DR Contract Code C000001197009 YORKVILLE, IL 60560 Customer Agreement# CTR060024 Message from your Sales Rep Please use the Order button to securely place the order with your preferred payment method online. You may contact your Dell sales team if you have any questions. Thank you for shopping with Dell. Regards, Phillip Reavis Shipping Group Shipping To Shipping Method ERIN WILLRETT Standard Delivery CITY OF YORKVILLE 800 GAME FARM RD YORKVILLE, IL 60560 (630) 553-4350 Quantity Unit Price Subtotal 607861 1. VLA ENTERPRISE CORECAL BRIDGE OFF365 SUBLIC 90 $1.66 $149.40 PER USR ALL LNG Subtotal: $149.40 Shipping: $0.00 Non-Taxable Amount: $149.40 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $149.40 Acceleratejl M of Al foryour data Take the first •R in achieving Learn More Generative Al success Page 2 Shipping Group Details Shipping To Shipping Method ERIN WILLRETT Standard Delivery CITY OF YORKVILLE 800 GAME FARM RD YORKVILLE, IL 60560 (630) 553-4350 Quantity Unit Price Subtotal 607861 1. VLA ENTERPRISE CORECAL BRIDGE OFF365 SUBLIC PER 90 $1.66 $149.40 USR ALL LNG SKU:AD182374 MFG Part#:AAA-12414 OLS Purchase Type: Current Duration: Total Duration: Maint.End Date: Nov.30,2026 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-us/customer-services/prodi ,iarranty-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):Offered to business customers by WebBank,who determines qualifications for and terms of credit. Taxes,shipping and other charges are extra and vary.The Total Minimum Payment Due is the greater of either$20 or 3%of the New Balance shown on the statement rounded up to the next dollar,plus all past due amounts.Dell and the Dell logo are trademarks of Dell Inc. Page 4