APPENDIX W Item: Sole Source iPad Resolution for D.C. Virgo Preparatory Academy Dept.: Technology Background/Historical Context: RttT requires a bidding process and therefore use of state contract is not allowed. This process has been followed to meet RttT requirements. Recommendation: Purchase iPad 2 devices, iPad cart, Macbook, Macbook Protection Plan and Apple TVs through Apple Inc., for D.C. Virgo Preparatory Academy. Rationale For Recommendation: This purchase allows new opportunities for growth in education through technology and supports the utilization of 21st Century Technology. Short and Long Term Impact: Supporting Documentation: Resolution Authorizing the Purchase of Apple Products for D.C. Virgo Preparatory Academy, Sole Source Letter, Quote, Requisition Board Action: _____ Recommendation Accepted _____ Recommendation Rejected _____ Tabled for Further Study _____ Other Resolution Authorizing the Purchase of Apple Products For D.C. Virgo Preparatory Academy Whereas, New Hanover County School system, desires to purchase with RttT funds for D.C. Virgo Preparatory Academy, Apple Products consisting of iPad 2 devices, Apple iPad Cart, Macbook, Macbook Protection Plan, and Apple TVs. Whereas, the Apple, Inc products will provide D.C. Virgo Preparatory Academy with new opportunities for growth in education through technology. Whereas, North Carolina General Statutes 143-129(e)(6) authorizes local governments to purchase from a sole source “when a needed product is available from only one source of supply”, and Whereas, Apple, Inc. is the “sole source” for the iPad 2 devices, Apple iPad Learning Lab, Macbooks and Apple TV and has submitted a proposal to furnish a total of one hundred-thirty (130) iPad 2 devices, one (1) Apple iPad Cart, one (1) MacBook, one (1) Macbook Protection Plan, and seven (7) Apple TVs. Whereas, New Hanover County School System has sufficient funds for this acquisition from budget code 3.6401.156.462.000.000.00 Therefore, Be It Herein Resolved, that the sole source purchase be entered into with Apple, Inc. in accordance with the sole source provision in N.C.G.S.143-129(e)(6) in the amount of $57,343.47. ____________________________________________________ Signature: New Hanover County Board of Education, Chairman ________________________ Date February 17, 2011 Linda Bullard New Hanover County School District 6410 Carolina Beach Road Wilmington, NC 28412 RE: Apple’s Sole Source Letter Dear Mrs. Bullard: Apple Inc. (“Apple”) is, and will continue to be, the sole source of Apple and Macintosh branded hardware and software products to you. An Apple or Macintosh branded product is one manufactured or sold by Apple with the Apple logo. In general, Authorized Apple Resellers are not authorized to sell standard Apple hardware and software products to public and private nonproUit educational institutions in the United States, including yours. Exceptions exist, however, including the following: (1) Apple does authorize certain Value Added Resellers (“VARs”) to sell standard Apple products to educational institutions if those products are combined with proprietary, added enhancement “Solutions Systems”; (2) a few resellers are allowed to sell consumables (toner cartridges, for example) to educational institutions; and (3) under very limited circumstances, Apple authorized resellers may be permitted to sell a limited amount of product, usually at the end of the product’s commercial life, to education customers. Additionally, a few Authorized Apple Education Agents (“Agents”) are allowed to act on behalf of Apple to promote the purchase of Apple products from Apple by select higher education institutions and K-‐12 schools. In all such cases, the resellers are responsible for establishing their own resale prices. Apple is not involved in their pricing decisions. While the use of Agents and VARs allows Apple to extend its presence in the education community, it does not affect Apple’s status as your sole source of Apple products. In your case, Apple will continue to have a direct sales and purchasing relationship. Apple has no present intention to utilize agents, and has not authorized any reseller to provide Apple products and services to you. Please be reminded that with the few exceptions noted above, Apple authorized resellers are prohibited from selling in the education market by the terms of their contracts with Apple. The sale of products into these markets by anyone other than Apple, generally cannot occur unless an Apple reseller has breached its contract with Apple. You can count on Apple to continue to be your sole source for all of the Apple branded products and services that you purchase in the ordinary course of your product acquisition. Sincerely, Tina Dye Inside Regional Manager Apple Inc. 1 InUinite Loop Quote Template 5/2/12 2:41 PM Apple Inc. Education Price Quote Customer: Dawn Brinson NEW HANOVER COUNTY SCHOOLS 9107635431 phone [email protected] email 9102544159 9102544159 Apple Quote: Quote Date: Quote Valid Until: 2200002846 Earl Proeger 12545 Riata Vista Circle MS: 198-9IES Austin, TX 78727-6524 512-6746994 ph 866-845-2999 fax [email protected] email Apple Inc: 2-May-2012 20-May-2012 Quote Comments: Part Number Details & Comments 1 BG713LL/A Apple iPad Learning Lab (with 10 iPad 2 devices) 2 BG701LL/A iPad 2 16GB with Wi-Fi - Black (10-pack) 3 Qty Unit List Price 1 6299.00 6299.00 12 3790.00 45480.00 MC968LL/A MacBook Air 11" 64GB 1.6GHz Dual-Core Intel Core i5 2GB 1333MHz DDR3 SDRAM 64GB Flash Storage Keyboard (English) / User's Guide 1 949.00 949.00 4 S3130LL/A 1 183.00 183.00 5 MD199LL/A Apple TV 7 99.00 693.00 AppleCare Protection Plan for MacBook - Auto Enroll Edu List Price Total - eWaste Fee / Recycling Fee - Estimated Sales Tax Extended List Price 53,604.00 0.00 3739.47 Extended Total Price* 57,343.47 *In most cases Extended discounted Total price does not include Sales Tax *If applicable, eWaste/Recycling Fees are included. Standard shipping is complimentary Completing your order is easy: *Reference Apple Quote number 2200002846 on your Purchase Order *Fax a copy of this quote along with your Purchase Order to 866-845-2999: Apple Inc. 12545 Riata Vista Circle MS: 198-9IES Austin, TX 78727-6524 THIS IS A QUOTE FOR THE SALE OF PRODUCTS OR SERVICES. YOUR USE OF THIS QUOTE IS SUBJECT TO THE FOLLOWING PROVISIONS: A. ANY ORDER THAT YOU PLACE IN RESPONSE TO THIS QUOTE WILL BE GOVERNED BY (1) ANY CONTRACT IN EFFECT BETWEEN APPLE INC. ("APPLE") AND YOU AT THE TIME YOU PLACE THE ORDER OR (2), IF YOU DO NOT HAVE A CONTRACT IN EFFECT WITH APPLE CLICK HERE TO APPLY FOR A CONTRACT. B. IF YOU USE YOUR FORM OF PURCHASE ORDER TO PLACE AN ORDER IN RESPONSE TO THIS QUOTE, APPLE REJECTS ANY TERMS SET OUT ON THE PURCHASE ORDER THAT ARE INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF YOUR AGREEMENT WITH APPLE. C. YOUR ORDER MUST REFER SPECIFICALLY TO THIS QUOTE AND IS SUBJECT TO APPLE'S ACCEPTANCE. D. UNLESS THIS QUOTE SPECIFIES OTHERWISE, IT REMAINS IN EFFECT UNTIL 20-May-2012 UNLESS APPLE WITHDRAWS IT BEFORE YOU PLACE AN ORDER, BY SENDING NOTICE OF ITS INTENTION TO WITHDRAW THE QUOTE TO YOUR ADDRESS SET OUT IN THE QUOTE. APPLE MAY MODIFY ANY PROVISION OF THIS QUOTE, OR CANCEL ANY ORDER YOU http://mysales.corp.apple.com/mySalesGlobal/faces/views/PrintQuote.jsp Page 1 of 2 Quote Template 5/2/12 2:41 PM ITS INTENTION TO WITHDRAW THE QUOTE TO YOUR ADDRESS SET OUT IN THE QUOTE. APPLE MAY MODIFY ANY PROVISION OF THIS QUOTE, OR CANCEL ANY ORDER YOU PLACE PURSUANT TO THIS QUOTE, IF THIS QUOTE CONTAINS A TYPOGRAPHIC OR OTHER ERROR. SEA # Terms & Use | Privacy Policy | Terms & Conditions Copyright © 2012 Apple Inc. All rights reserved. Document rev 9.7 http://mysales.corp.apple.com/mySalesGlobal/faces/views/PrintQuote.jsp Date of last revision -April 7th, 2012 Page 2 of 2 NEW HANOVER COUNTY SCHOOLS REQUISITION FORM Requisition # 9114475 numeric only-no more than 8 digits FIELDS IN RED ARE REQUIRED Originator: Budget Code example 3 6401 156 462 000 000 00 x xxxx xxx xxx xxx xxx xx Technology Approved By: Teacher or Department: Dawn Brinson Vendor: Address: Address: Dawn Brinson Requisition Date: Date Required: 4/20/2012 Apple City: State: Zip Telephone: Fax telephone/fax required if new vendor Instructions: Submit this form as an attachment to the vendor order address for the Purchasing contact for your school or dept. saved as file name matching assigned requisition #. Each school or department must assign their own numerical (no alpha-numeric) requisition number, not to exceed eight characters. If offered, discount must be shown for each item. Key % under Discount (%) or negative dollar amount under Discount ($), for example -15.00. NHCS is not tax exempt for the purchase of goods and must pay NC sales tax, if vendor does not charge NC sales tax, the amount of tax due will be paid by NHCS directly to the DOR. If shipping is <or> than 10% key in actual amount. If additional lines are needed use Second Sheet-total of second sheet(s) will total on this form in field indicated. Vendor Item # Qty Unit Price Description Unit Discount Enter % Discount Key dollar amount Unit Price (after discount) as negative (-) Extended Price 1 Apple iPad learning lab with 10 ipad 2 BG713LL/A devices 6,299.00 0.0% - 6,299.00 6,299.00 12 BG701LL/A iPad 2 16GB with Wi-Fi Black (10 pak) 3,790.00 0.0% - 3,790.00 45,480.00 1 MC968LL/A MacBook Air 11" AppleCare Protection plan for S3130LL/A macbook air MD1999LL/ A Apple TV 949.00 0.0% - 949.00 949.00 183.00 0.0% - 183.00 183.00 99.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% - 99.00 - 693.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 53,604.00 1 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total second sheets 10% Shipping 0.00 1 Insert the number 1 inside above blue box if no shipping Subtotal w/shipping 53,604.00 7% Sales Tax 3739.47 Insert the number 1 inside above blue box if no sales tax Notes or Special Instructions: Subtotal Total 57,343.47
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