Loading...
HomeMy WebLinkAboutResolution - 2015-R0039 - Edge Reimbursement Program - 01/22/2015No. 2015-R0039 Item No. 5.14 January 22, 2015 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Edge Reimbursement Program Grant Agreement by and between the City of Lubbock and the Texas State Library and Archives Commission for funding an Edge Reimbursement Program for the funding of computer equipment, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of 'AERTSON, MAYOR ATTEST: Garza, City Secretary AS TO CONTENT: Jane �Iosen, Library Director APPROVED AS TO Assistant City Attorney Resolution - TSLAC Edge Reimbursement Program 12.17.14 2015. Resolution No. 2015-R0039 Who is Eligible? Reimbursement Edge initiative helps libraries assess their operations and plan for the future, and demonstrate the librarys impact on the community and community needs. With the vision that .all people have the opportunity to improve their lives through the technology services available in public libraries," Edge uses benchmarks to help libraries evaluate themselves. It goes a step further by offering training and tools to build capacity and improve services. (For more information visit libraryedge.org.) The goal of the Edge Reimbursement Program is to help public libraries meet the public access technology needs of their community. The agency will provide assistance through a reimbursement program to public libraries that have identified areas of improvement using the Edge assessment, and who are using the training provided to Edge libraries for training and continuing education. Accredited public libraries that have: a) submitted the Edge assessment at libraryedge.org b) used the Action Plan tool on the Edge website to prioritize community needs c) commit to sharing their Edge findings and promoting equipment purchases to their community Libraries that participated in the first round of funding of the Edge Implementation Reimbursement Program are eligible for this round of funding. How Much Money is Available? Libraries serving populations up to 25,000 are eligible for up to $5,000 in reimbursement costs for the purchase of equipment and supplies that supports the improvement of public access technology identified by the Edge assessment. Libraries serving populations over 25,000 are eligible for up to $10,000. The program is available on a first-come, first-served basis until funds are depleted. How Will the Edge Reimbursement Program Work? Libraries will submit this application to the State Library beginning now through February 27, 2015. The agency will review and notify applicants in writing of approval/non-approval by March 27, 2015. Upon approval, libraries may purchase the equipment described in their application. A paid receipt (not a Purchase Order or order form) for the equipment must be provided to the Texas State Library and Archives Commission by May 29, 2015, at the very latest. What Can I Buy? Computer equipment such as monitors and laptops, software (stand-alone only), servers or routers, printers, assistive equipment, presentation and multimedia equipment, computer furniture, and computer supplies related to the equipment purchase. All purchases must relate to improving Edge indicators on your Action Plan. (Please be aware of ADA -compliance issues relating to the purchase of e -Readers and Tablets: http://bit.ly/1mrtgU). Due to source of funds, subscriptions, separately -purchased service contracts for equipment, and subscription cloud -based software fie Adobe Dreamweaver, DeeoFreeze Airwatch Norton Utilities. Mango, and others) are not authorized. Questions? Contact Jennifer Peters at jpeters@tsLtexas.gov. EDGE REIMBURSEMENT PROGRAM page 1 FAIN: LS -00-14-0044-14 CFDA Number: 45.310 APPLICATION FOR EDGE REIMBURSEMENT PROGRAM Use the Action Plan you developed using your Edge assessment (www.librarvedge.org) to complete this form. Name of Library_Lubbock Public Library Library contact person, phone & email—Jane Clausen; 806.775.2824;Jclausen@mylubbock. us_ Legal Entity & Mailing Address _City of Lubbock, 1306 9t" St., Lubbock, TX 79401 DUNS # _05-821-3893 SAM Exp. date 08/23/2015 1. My Library has completed and submitted the Edge assessment at libraryedge.org. Yes X❑ 2. My Library has developed an Action Plan using the Edge assessment. Yes X❑ 3. My Library serves a population of ❑ Under 25,000 (eligible for up to $5,000) X❑ Over 25,000 (eligible for up to $10,000) 4. What specific equipment will you purchase? Provide approximate cost estimate(s), with documentation if appropriate. Reimbursement will be provided for expenses up to $5,000 for libraries serving populations under 25,000, and up to $10,000 for libraries serving populations over 25,000. Please be aware that all funding requests must be approved by TSLAC staff to ensure that they meet federal requirements. The Lubbock Public Library intends to purchase sixteen Dell OptiPlex 3020 computers and sixteen 20 inch monitors for a total cost of $9,879.20. The itemized list and quotation for the computers is 5. Describe Edge indicator(s) that you are trying to address as described in the Edge Action Plan: (eg., 2.1: Ensure photo editing software is available in at least 50% of locations, 9.2: Increase and manage your bandwidth to optimize the speed of your connection and improve the patron's Internet experience.) _4.5: Align library's technology resources and services with community needs. 9.1: Improve patron computer access during peak demand times by increasing the number of devices and replacing outdated equipment. 6. Describe how the equipment to be purchased will impact the indicator described above and how it will improve public access technology in your community. _The new computers will improved Internet access for the Lubbock community by providng updated, faster equipment, and increase the number of computers available for patron access. Wait time for computers should improve. Patrons will also experience fewer computer related problems with the newer EDGE REIMBURSEMENT PROGRAM page 2 FAIN: LS -00-14-0044-14 CFDA Number: 45.310 7. Describe how you will promote your Edge results and this equipment to your community. _The library will publicize the additional, new computers by placing a notice on the library's web site, issue press releases, and posting signage in the computer 8. 1 will display the following acknowledgement for this equipment in my library: Funded by the U.S. Institute of Museum and Library Services through a grant to the Texas State Library and Archives Commission. Yes X❑ 9. Applicant agrees service contracts, subscriptions, or cloud -based subscription software will not be purchased with these funds. YesX ❑ 30. Applicant agrees to comply with all LSTA Terms & Conditions. (See pp. 5-7). YesX ❑ CERTIFICATION: To the best of my knowledge and belief, data in this form are true and correct. I am responsible tpr eryaurinphat this process meets my local purchasing requirements. January 22, 2015 Nam" Title (Lo6al Legal Entity Authorized to Enter into Contracts) Signature Date ATTEST: Glen C. Robertson, Mayor Other Materials Required: Tebtca Garza, CitySecretary • Signed Children's Internet Protection Act (CIPA) Form (attached), requ red for purchases of equipment that will access the Internet Timeline: • Application due: now through February 27, 2015 • Written notification of approval of application from TSLAC: now through March 27, 2015 • Reimbursement requests and receipts due to State Library: now through May 29, 2015 • Final Day to submit reimbursement form and paid receipt: May 29, 2015 • Receipts and forms submitted after May 29 will not be reimbursed. Submit this form, along with the attached signed CIPA form, to Jennifer Peters, Community Engagement Administrator, at ipeters@tsl.texas.eov or by fax to 512-936-2306. APPROVED AS FORM: a�) W. Pratt, Asst. City Attorney EDGE REIMBURSEMENT PROGRAM page 3 APPROVED AS TO CONTENT: Jane C ausen, Li�Duetor FAIN: IS -00-14-0044-14 CFDA Number: 45.310 INTERNET SAFETY CERTIFICATION (Children's Internet Protection Act CIPA Form) FOR FEDERALLY FUNDED TEXAS STATE LIBRARY & ARCHIVES COMMISSION PROGRAMS FEDERAL PROGRAM YEAR 2014 (TEXAS STATE FISCAL YEAR 2015) EDGE IMPLEMENTATION REIMBURSEMENT PROGRAM As the duly authorized representative of the applicant/grantee, I hereby certify that (check only one of the following boxes): X❑ The applicant/grantee public library has complied with the requirements of Section 9134(f)(1) of the Library Services and Technology Act. ❑The applicant/grantee public library seeks a waiver of the certification required in A., above, because State or local procurement rules or regulations or competitive bidding requirements prevent the applicant/grantee library from certifying compliance with Section 9134(f)(1) of the Library Services and Technology Act. The applicant/ grantee public library certifies that the library will comply with the requirements of Section 9134(f)(1) before the start of Program Year in which funds are expended. ❑ The requirements of Section 9134(f) of the Library Services and Technology Act do not apply to the applicant/grantee library because no funds made available under the LSTA program will be used to purchase computers used to access the Internet or to pay for direct costs associated with accessing the Internet for a public library or public elementary school or secondary school library that does not receive discounted E -Rate services under the Communications Act of 1934,as amended. ❑ The applicant/grantee is not a public library. I further certify that one of the following is true: either no LSTA funds from the award will be used by the applicant to purchase computers used to access the Internet or to pay for direct costs associated with accessing the Internet for a public library or public elementary school or secondary school library served by the applicant/grantee; or, if any part of the LSTA funds are used for such purposes, applicant will obtain the appropriate certifications from libraries receiving such purchases or payments. _Lubbock Public Library Name of Applicant Library Sign t4of Authorized Representative _Jane Clausen Printed Name of Authorized Representative _Library Director Title of Authorized Representative _12/17/20 Date EDGE REIMBURSEMENT PROGRAM page FAIN: LS -00-14-0044-14 CFDA Number: 45.310 Texas State Library and Archives Commission LSTA Terms and Conditions I. GENERAL TERMS AND CONDITIONS A. The Subrecipient will comply with the following parts of the Texas Comptroller of Public Accounts UGMS revised June 2004, located at: www.governor.state.tx.us/files/state- arants/UGMS062004.doc. Part I. Cost Principles for State and Local Governments and Indian Tribal Governments (2 CFR 225), Cost Principles for Non -Profit Organizations (2 CFR 230), Cost Principles for Educational Institutions (2 CFR 220), or Federal Acquisition Regulation (FAR) 31.2, as applicable. PartII. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-102 and A-122) PartIII. State of Texas Single Audit Circular (Adapted from OMB Circular A-133) B. The Subrecipient will comply with the IMLS' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (adapted from OMB Circular A-102) or 2 CFR, Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Educations, Hospitals, and other Non -Profit Organizations (adapted from OMB Circular A-110), as applicable. C. Subrecipients will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, religion or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of disability and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. D. The Subrecipient, if a private entity, will comply with Federal law pertaining to trafficking in persons. Subrecipient and its employees may not 1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; 2. Procure a commercial sex act during the period of time that the award is in effect; or EDGE REIMBURSEMENT PROGRAM page FAIN: LS -00-14-0044-14 CFDA Number: 45.310 3. Use forced labor in the performance of the award or subawards under the award. E. The Subrecipient certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Subrecipient shall complete and submit OMB form SF -LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352. F. Subrecipient certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this program by any Federal department or agency, as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the Subrecipient is unable to certify to any of the statements in this certification, the Subrecipient shall attach an explanation to these Terms and Conditions. G. Subrecipient understands that acceptance of funds under this contract acts as acceptance of the authority of the Texas State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Subrecipient will ensure that this clause concerning the authority to audit funds received indirectly by Sub -Contractors through Subrecipient, and the requirement to cooperate, is included in any sub -grant awarded. H. The Subrecipient agrees to main all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award for three year after the last State Program Report for the Texas LSTA 5 -Year Plan 20013-2017, is submitted on December 31, 2018. The Contractor will maintain their records through December 31, 2021. t. The Subrecipient agrees to develop or revise, as necessary, any specific written documentation of its current procedures for (1) collecting and reporting performance measures; (2) conducting a fixed asset inventory; and or, (3) any other issues identified in Subrecipient's internal audit report or grant activities. Drafts of this procedural documentation will be submitted to TSLAC by dates established mutually between TSLAC and Subrecipient. TSLAC will provide review and guidance to enable final versions to be approved on or before established deadlines. H. ENFORCEMENT A. Remedies for noncompliance. If Subrecipient materially fails to comply with any term of the contract, whether stated in a state or federal statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, TSLAC may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: EDGE REIMBURSEMENT PROGRAM page 6 FAIN: LS -00-14-0044-14 CFDA Number: 45.310 1. Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient, or more severe enforcement action by TSLAC; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current contract for the Subrecipient's program; 4. Withhold further awards for the program; or s. Take other remedies that may be legally available. B. Hearings, appeals. In taking an enforcement action, TSLAC will provide the Subrecipient an opportunity for such hearing, appeal, or other administrative proceeding to which the Subrecipient is entitled under any statute or regulation applicable to the action involved. C. Effects of suspension and termination. Costs of Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of an award are not allowable unless TSLAC expressly authorized in the notice of suspension or termination, or subsequently. Other Subrecipient costs during suspension or after termination that are necessary, and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations that were properly incurred by the Subrecipient before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are non -cancelable; and, 2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which the termination takes effect. D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Subrecipient from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C, Sec 35) and state law. EDGE REIMBURSEMENT PROGRAM page 7 FAIN: LS -00-14-0044-14 CFDA Number: 45.310 Quote Summary_696024211 Quantity file:///C:/Users/14801/AppDatalLocaVfemp/XPgrpwise/Quote_6960242... 16 QUOTATION 16 US English (QWERTY) Dell KB212-B QuietKey USB Keyboard Black (580-AAQX) 16 Quote #: 696024211 Intel Integrated Graphics, Dell OptiPlex (490-BBFG) W� Customer #: 1784159 50OGB 3.5inch Serial ATA (7,200 Rpm) Hard Drive (400-AANO) Contract #: 42AFU CustomerAgreement#: DIR-SDD-1951 US Order (332-1286) Quote Date: 11/25/2014 Date: 11/25/2014 Customer Name: CITY OF LUBBOCK Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and informational accuracy. If you find errors or desire certain changes please contact your sales professional as soon as possible. Sales Professional Information SALES REP: KEVIN A PRIFOGLE PHONE: 1800 - 4563355 Email Address: Kevin Prifogle@DELL.com Phone Ext: 5139195 GROUP: 1 QUANTITY: 16 SYSTEM PRICE: $617.45 GROUP TOTAL: $9,879.20 Description Quantity OptiPlex 3020 Small Form Factor BTX Base (210-ABDX) 16 4GB (1x4G)1600MHz DDR3 Memory (370-AAJE) 16 US English (QWERTY) Dell KB212-B QuietKey USB Keyboard Black (580-AAQX) 16 Display Not Included (480-ABFW) 16 Intel Integrated Graphics, Dell OptiPlex (490-BBFG) 16 No Wireless LAN Card (555-BBNI) 16 50OGB 3.5inch Serial ATA (7,200 Rpm) Hard Drive (400-AANO) 16 Windows 7 Professional, Canada MUI, 64bit (includes Windows 8.1 Pro 64bit License and Media) (536-BBBJ) 16 US Order (332-1286) 16 OpdPlex 3020 Small Form Factor Chassis with Standard Power Supply V2 (321-BBLR) 16 Dell Logitech USB Optical Mouse (570-AADU) 16 No ESTAR (387-BBCG) 16 8X Slimline DVD+/ -RW drive (429-AAJU) 16 Internal Dell Business Audio Speaker (520-AABP) 16 Thank You for Choosing Dell (555-BBNG) 16 System Power Cord (Ph!IipinelrH/US) (450-AAOJ) 16 Windows 8.1 DVD OS Recovery(English) (620-AASU) 16 Dell Backup and Recovery Basic (637-AAAS) 16 Desktop BTO Standard shipment (800 -BRIO) 16 Not Selected in this Configuration (817-BBBC) 16 Safety/Environment and Regulatory Guide (English/French/Dutch) (340-AGIK) 16 Dell Limited Hardware Warranty Plus Service Initial Year (936-2417) 16 Dell Limited Hardware Warranty Plus Service Extended Year(s) (939-6538) 16 ProSupport: Next Business Day Onsite Service After Remote Diagnosis Initial Year (939-6768) 16 1 of4 11/25/2014 1:36 PM Quote Summary_696024211 file:///C:/Users/ 14801/AppData/LocaVPemp/XPgrpwise/Quote_6960242... ProSupport: Next Business Day Onsite Service After Remote Diagnosis 2 Year Extended (939-7298) 16 ProSupport: 7x24 Technical Support , Initial (939-7668) 16 ProSupport : 7x24 Technical Support , 2 Year Extended (939-7688) 16 Thank you choosing Dell ProSupport. For tech support, visit http://support.dell.com /ProSupport or call 1-866-516-3115 (989-3449) 16 No UPC Label (389-BDCE) 16 Management Engine (340-AGMO) 16 Dell 20 Monitor- P2014H (480-ABMB) 16 No Diagnostic/Recovery CD media (340-ABJI) 16 No Quick Reference Guide (340-ABKW) 16 Intel Pentium Processor G3240 (Dual Core, 3.1 GHz, 3MB Cache, w/HD Graphics) (338-BEUE) 16 No DDPE Encryption Software (954-3465) 16 Chassis Intrusion Switch (461-AAAX) 16 Small Form Factor Chassis Mainstream Heatsink (65watts) (412-AABL) 16 SHIP MTL,SYSM,OptiPlex SFF (340-ACGR) 16 Fixed Hardware Configuration (998-BFGY) 16 No Accessories (461-AABV) 16 PowerDVD Software not included (632-BBBJ) 16 Regulatory Label OptiPlex 3020 Small Form Factor (389-BDSE) 16 Intel Pentium Label (389-BDLI) 16 Microsoft Office Trial, MUI, OptiPlex, Precision, Latitude (630-AABP) 16 Dell Digital Delivery Cirrus Client (340-AAUC) 16 Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps),OptiPlex (421-5334) 16 Thank you for buying Dell (421-9982) 16 Dell Data Protection System Tools Digital Delivery/DT (422-0008) 16 SW,MY-DELL,CRRS (422-0052) 16 Visit www.dell.com/encryption (632-BBBZ) 16 Thank you for buying Dell (632-BBCB) 16 Adobe Reader 11 (640-BBDF) 16 Dell Data Protection I Protected Workspace (640-BBEV) 16 Enable Low Power Mode (658-BBMQ) 16 Waves Maxx Audio (658-BBNH) 16 No Anti -Virus Software (650-AAAJ) 16 CFI,Software,Image,Quick Image,Titan,Factory Install (372-9740) 16 CFI,Information,CSRouting,Eligible,Factory Install (375-3088) 16 CFI,Fee,Integrated,ID3,lmage,Factory Install (366-0075) 16 CFI Routing SKU (365-0257) 16 CFI,Rollup,Custom Project,Fee for ESLH (366-1551) 16 CFI,Information,WIN7,VLA,ONLY,Factory Install (375-4258) 16 CFI,Information,MBRBR,PART,DNR,Factory Install (376-6665) 16 CFI,Information,ID3,WIN7,64BIT,Factory Install (375-9043) 16 2 of 4 11/25/2014 1:36 PM Quote Summary_696024211 file:///C:/Users/14801/AppData/Local/Temp/XPgrpwise/Quote_6960242... *Total Purchase Price: $9,879.20 Product Subtotal: $9,879.20 Tax: $0.00 Shipping & Handling: $0.00 State Environmental Fee: $0.00 Shipping Method: LTL 5 DAY OR LESS (' Amount denoted in $) Statement of Conditions The information in this document is believed to be accurate. However, Dell assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Dell may make changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. Terms of Sale This quote is valid for 30 days unless otherwise stated. Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: If this purchase is for your internal use only: Dell's Commercial Terms of Sale (www.dell.com/CTS), which incorporate Dell's U.S. Return Policy (www.dell.com/returnpgcy) and Warranty (www.dell.com/warrantvterms). If this purchase is intended for resale: Dell's Reseller Terms of Sale (www.dell.com/resellerterms). If this purchase includes services: in addition to the foregoing applicable terms, Dell's Service Terms (www.dell.com/servicecontracts/olobal). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terns accompanying the software, and in the absence of such terms, then use of the Dell -branded application software is subject to the Dell End User License Agreement - Type A (www.dell.com/AEULA) and use of the Dell -branded system software is subject to the Dell End User License Agreement - Type S (www.dell.com/SEULA). You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirely. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Additional Terms for Public Customers If you are a department, agency, division, or office of any district, state, county or municipal government within the United States ("Public Customer"), the following terms ("Public Customer Terms") apply in addition to the foregoing terns: A. If any portion of the foregoing terms and conditions (or any terms referenced therein) is prohibited by law, such portion shall not apply to you. Notwithstanding anything to the contrary, the End User License Agreements shall take precedence in all conflicts relevant to your use of any software. B. By placing your order, you confirm that (1) you are a contracting officer or other authorized representative of Public Customer with authority to bind the Public Customer to these terms and conditions, and (2) you have read and agree to be bound by these terns and conditions. Pricing, Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Sales tax on products shipped is based on your "Ship To" address, and for software downloads is based on your "Bill To" address. Please indicate any tax-exempt status on your PO, and fax your exemption certificate, including your Customer Number, to the Dell Tax Department at 800-433-9023. Please ensure that your tax -exemption certificate reflects the 3 of4 11/25/2014 1:36 PM