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HomeMy WebLinkAboutResolution - 2018-R0426 - PO With Dell Marketing - 12/06/2018Resolution No. 2018-R0426 Item No. 6.10 December 6, 2018 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, Purchase Order No. 33001109 for the purchase of Dell Products as per DIR-TSO-3763, by and between the City of Lubbock and Dell Marketing, LP, of Round Rock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 6, 2018 DANIEI. M. POPE, MAYOR ATTEST: 'i ULV�4 Rebecca Garza, Vy Secretary APPROVED AS TO CONTENT: Mark arwo , A—ssiitjmt City Manager APPROVED AS TO FORM: Ryan r ce, As ist nt City Attorney ccdocs/RES.—PurchaseOrd 33001109 — Dell Marketing LP November 5,2018 City of Lubb o ek TEXAS PURCHASE ORDER TO: DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 Page - 1 Date - 11/5/2018 Order Number 33001109 000 OP Branch/Plant 3410 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1611 IOTH STREET LUBBOCK TX 79401 INVOICETO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Te lores, ssistant Director of Purchasing & Contract Management Ordered 11/2/2018 Freight Requested 12/14/2018 Taken By J MONTES Delivery Per J Zhine / Req # 52972 Q#3000030190913.1/DIR-TSO-3763 � I Description/Supplier Item Ordered Unit Cost UM Extension Request Date SC Entrpr+ 7.68TB SAS 12Gb RI 12.000 7,120.2400 EA 85,442.88 12/14/2018 SSD 2.5" CustKit #400-A000 Total Order Terms NET 30 85,442.88 This purchase order encumbers funds in the amount of $85,442.88 awarded to Dell Marketing LP of Round Rock, TX on December (, 2018. The following is incorporated into and made part of this purchase order by reference: DIR-TSO-3763 from Dell Marketing LP. Round Rock, TX. Resolution # 2018-R(1426 Ci of Lub ck TTEST: Daniel T . Pope, Mayor ebecca Garza, C Vy Lcretaly Seller and Buyer agree as follows: ir lJK P-M TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, T\ I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice, Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name. address and purchase order or purchase release number and the supply agreement number if applicable. (c) Container number and total cumber of containers. e.g. box I of q boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 1. SHIP'vTN7 LINDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender o f a bill o f lading will operate as a tender of goods. 3, TITLE AN-D RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Ewen tender of delivery of goods must full, comply with all provisions of this contract as to time of de0vm. quality and the like. If a tenda is made which does not fully conform. this shall constitute a breach and Seller shall not hate the right to substitute a conforming tender. provided. where the time for pafemtance has cut yet expired. the Seller may rea i nabh notify Buyer of his intention to cure and may then make a coaforam, tender within the contract time but not a`envard. 5. INrVOICES & PAYMENTS. a. S c I I e r shall submit separate invoices. in duplicate. one each purchse order or purchase release after each deliver Invoices shall indicate the purchase order or purchase release number and the supply agreement number tf applicable Invoices shall he itemized and transpertation charges. if any: shall be listed separately A copy* of the bill of lading, and the freight waybill when applicable. should be attached to the in.cice Mail To: Accounts Payable. City of Lubbock P 0 Box '_OTC. Lubbock. Texas 945'. Pa —at shall not ce due until the ahe-.e i^Strili ent; are submitted a.`,a deli'..': 6 GRATUITIES, The Buys may. by unren notice to the Sella. coact! this crr.::3c without lability t: Sella if tt is determined by Baya that grsuais. T. the fore of eriter.ai=.rt, giEs or otherwise, were of; red or given by the Sella. or an,: agst or represent:nn a of the Se'!a. to ar; of cer or employee of the Cit. of Lubbock with a view to securing a contractor se,urir._ favorable treat -en: with respect m the awarding or amending. or the mak;ng of art: dc:a:ninat:,,❑s ',vnh respect to the pafocmrg of such a contract Lt. the t.ert this contract is canceled by Bc}a pasuant to this rc•-scn. Bu-a shall be am.'ed, in addinou to any other rights and remedies. to recover or wrthi cld:he a. :curt of the cost incanted Sella it. previdmc such gratuities. T SPECIAL TOOLS & TEST EQUIPMENT lithe price stared on the face hereof Includes the cost of an,. special tooling or scecial test equipment fa=nuted er required b% Sell... fur the puirmc of filling this order. such scecial tcclmg equipm-m and an:. pro ce`s shear rtlatrd thereto shall hec r—, the proraty of the Buyer and to the evert feasible sha!i be ideri iiied b,. the Seiner as suet S WARRANTY -PENCE a The price to be paid by the Bu..tr ghat! be that contained in Se',!er's bid which Sella warrants to be rue hicha that. Szlia's :err. ca: proces on orders IT, others for products of the kind and specification covered V this aarecr ne..; for s:maar quanta;es under simile of like mrditioni and methods of purchase. In the rent Seiler breaches this worrmt-.. the prices of the item shall be reduced to the Sella's current prices on criers by ocher. or in the , taaau.c Bu,.or may cancel this contract without liability to Sella for breach or Seller's actual expense b. The Sella war, arts that no person or selling agent. has been employed or retained to solicit or secure this contract upon an agreement or understanding for commissich. percentage, brokerage. or contingent fee e.ceTting bona fide onployees of bona fide established commecial or selling agencies maintained by the Sella for the purpose of securing business. For breach of vitiation of this warramv the Buser shall have the right in addition to an. other right of rights to cancel this contract without liability and to deduct From the contract price. or otherwise recover without liabilit, and to deduct from the contract price. er othenv ire rec ,.a the `u:I amcvnt of such commission, pacentagc. fur likeraire or contingent fee 9. WARRANTY -PRODUCT Sella shall not hm:: or c:cludc any implied warranties and any attempt to do se shall render this contract voidable at the option of the Bu,.er Sella ummits that the goods furnished will conformto the specification, dra, ings, and descriptions listed in the bid Imitation. and to the samples) furnished by the Sella, if any In the event of a conflict or ba^;ct n the specifications, drawings. and descriptions. the specifications shall govern. Novvithstmding act} prns.ens contained in the contractual agreement. the Seller represents and warrants fault -Gee per,'omtance and fault -lee result in the processing date and date related data (including. but not limited to calculating, comparing and sequencing) of all hardware. software and firmware products delivered and services provided under this Conran, indr iduall. or in combination. as the case ma; be From the effectkc date of this Contract 1ht oblig.nwns :o Tdaied herein apply to products and sit-, ices provided by the Seller. its sub- Seller or any :hod par-. rr olved in the creation or dc-v elopment of the products and senicas to be deli•:aed to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its right, under the law and under this Contract including. but net limited to. its right pertaining to termination or default. The warranties contained herein me separate and discrete from any other warranties specified in this Contract. and are not subject to any disclaimer of warrant,. implied or expressed, or limitation of the Seller's habdity which may be specified in this Contract. its appendices. it schedules. its annexes or any document incorporated in this Ccctract by reference 10. SAFETY WARRANTY Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U S. Department of Labor under the Occupational Safety and Health Act of 19-0. In the event the product does cot conform to OSK-% standarl;. Buyer may return the product for correction or replacement at the Se0er's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Sella's expense. 11. NO WAR&kN,TY SY BUYER AGAINST D,FRiNGE:v[ENTS, As pan of this contract for sale Sella agrees to ascertain whethergoods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buy a makes no warranty that the production of ¢cods according to the specification will not give rise to such a claim- and in no event shall Buver be liable to Sella for indemnification in the event that Seller is sued on the grounds of infringement of the like, If Sclla is of the opinion that an infringement or the like will result• he will aotify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seger in good faith ascertains the production of the goods in accordance with the specifications will result in infiingemeat or the like. the contract shall be null and void. 12, NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of ncoappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the Citywill terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice. but failure to give each .. J tit n,a te;e': .. her. :� r'• .- them 14. CANCELLATION Buyer shall ha,c the right to cancel for default all or ay*•, par. of the urdelivaed portion of this order if Sella breaches any of the terms hercof mc!uding warmt:es of Sella or if the Sella het:imea insolvent or commit: acts of oanknmrcv Such Hehr of catcellarinn iq in adriirion to and not in lieu of my other remedies which Buyer may have in Inv or equity. I5. TERMINATION. The performance ofw-ork under this order maybe terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall beeffected by the delivery of the Seller of a "Notice or Termination" specifying the extent to which performance of work under the orderis terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and act in lieu of the rights of Buyer set forth in Clause la, herein. 16. FORCE MAJEVRE. Neither party shall be held responsible for losses. resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the pan whose performance is iutaf red with, and which by the exercise of reasonable diligence said party is unable to prevent. l i. ASSIGN'y1ENf-DELEGATION. No rghr or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Sella shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. - 19 WAIVER. No claim or right arsing out of a breach of this contract can be discharatd in whole or in par, by a waiver or renunciation of the claim or right unless the wawa or renunciation is supported by consideratcn ar-d is in '.vruit•-_= signed by the aggrieved party 19. INTERPRETATION -PAROLE EVIDENCE This w,,ting. plus an, specifications for bids and performance provided b:. Bu}a in its adveriscloar for bids, and any other documents provided by Sella as par of his bid, is iatecded by the parties as a final expression of then agreement and intended also as a complete and exclusive statement of the terns of their agreement Whatever a term defined b_v the Uniform Commercial Cede is used in this urreemat- the definition c-.tamed lira the Code is to control. 20 APPLICABLE Wi, This agr _merit stall be _o%aned by the Cnifarnt Commercial Code Whaetva the taxi "Uniform Corns:: era! Code' is used, it shall be c_.strued as means' the Uniform Commacial Code as adopted in the State of Texas as tffee vt and in fore cc rho ?one afthis agreement. 2_1 RIGHT TO ASSC'P kNCE enc parr.,. to this contract it good faith has reason to ques:icn the other party's Inntni t • r rf: r,.t he m ty demand :Sat the ether par,-, grit a —tier. assurance of his intent to perform. In the : ert thz: a demand is made and ae assurance is giver w hhis five (5) der•.-,. the demanding par:. ma_ treat this fai!ur_ :is air. girt. ., r. • r _...,.ce: ` .1.e:tntraol - _] NDE.%LNIMCATION Sella steal! iademm:y. kern and site har:-,.less the Bu,.er, its agents. officals and emrlc}cot. agairsr all ic!urie,. dca:h.t. Liz. d.uragts. claimsparent claims. suits, liabilities. judgments. costs and expeos, which ma} in an'.:c5e gccra against the Buyer in consequence of the granting of this Comraa or which ma, tur-ovise result thereE&om. whether or rot n shall be alleged or determined that the air was caused �hrough ne=hgehce or orr icI, of rue Seller or its e Ipioyecs. or of the subSellcr, or assignee or its employee, if an'.. and the S: la shall, at his awn expense. appear. defend and pay all charges of attorneys and all costs and other expen. cs arsmg rhae;:om of Incurred in connection therewith. and, ifany judgment shall be rendered against the BIT-,e•, in an-, such action. the Seller shall, at its own expenses. satisfy and duchar_t the same Sella express!, understands and agrees that an, bond required by this contract. or otherwise provided by Sc!:a. shall in no wan. hint :he resrorsibilit, to indernniF, keep and sa.eharmless and defend the Buyer a; he-,ein prryided TiME It is hereby exi ressiy aimed and understood that time is of the essence for the performance of this contract, and failure by contract to mew: the time specifications of this agreement will cause Sellato be in default of this agreement 24 MBE The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, inmorit, and women bus;ress ent a<rses will be afforded equal opportunities to submit bids in response to this in•.itatien and will not be discrunmated against on the grounds of race. color. sex or normal origin in eons'.der aticn for an award. _5 NON-ARBITRIT[O.\ The Cit, rescr. es the right to cxa:ise any right or reined, to it by lave, contract. equiq, or otherwise. includm_ without limitation. the right to seek any and all forms of relief ire. a court of competent jurisdictien Further, the City shall net be subject to any arbitration process prior to exercising ITS unrestricted right to seekjudic�al remedy. The remedies set forth hereir are cumulative and not exclusive. and may be exercised concurevtl•. To :he extent of and. cottliot between this provision and another provision in. or related to. this document. the pr-.'sion shall cunt -A 'h RIGHT TO AUDIT A: any time durm_ the term of the contract, or thereafter, the City. or a do1% authorized audit represemama of the City or the State of Texas, at its expense and at reasonable times. reserves the rghr to audit Contractors recoi s and hooks rein ant to all services provided to the City under this Contract. In the event such an audit by the Cit; reveals any erors or overpayments by the City: Contractor shall refund the City the full amount of such overpaymarts within thirty (30) days of such audit findings. or the City. at its option. reserres the right to deduct such amounts owing the City from any payments due Contractor. HOUSE BILL'_015 House Bill '015. si_ ned by the Governor on June 1.1. 2013 and effective on January 1. '01 g, authorizes a penalty To be imposed on a person who contracts for cerain services with a governmental entity and who fails to properly clysif: their worker; This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify it..div iduals performing work under a governmental contract will be penalized S2_00 for each individual that has been m;sclassified. (Texas Government Code Section2155.001). 29 ASSIGNTNG OR SUBLETTING THE CONTRACT. The Contractor shall not assignor sublet, the contract. or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be gn ca. the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 19 HOUSE BILL L'95 DISCLOSLRE OF NTERESTED PARTIES. House Bill 1195. adopted by the Sdth Legislature, created §2-252.903, Texas Government Code. Section =52.905 requires a business emtinentering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested panics at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1795 are available at. ham,: www ci.lubbock tx.us deMmental-websites deoartments purchasLng ve❑dor-infcrm n 30 CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read. full)understands. and will be in full compliance with all terrors and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in wTitiag by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor. the terms and conditions provided herein shall prevail. The terras and conditions provided herein are the final terms agreed upon by the parties, and any, prior conflicting tams shall be of an force or effect ? I By accepting this purchase order. the Vendor verifies that it does not Boy con Israel. and agrees that durng _;ilL•'i _Vl i!. I:�!'Gi �i 1rT,FY, �; i�'�.'Ir: .'f�l,:f l'-: ),'., WL ­ A quote for your consideration! Total: $85,442.88 Based on your business needs, we put the following quote together to help with your purchase decision. Please review your quote details below, then contact your sales rep when you're ready to place your order. Quote number: Quote date: Quote expiration: Solution ID: Deal ID: 3000030190913.1 Oct. 24,2018 Nov. 23,2018 10246185 16783740 Company name: Customer number: Phone: CITY OF LUBBOCK 1784159 (806) 775-2366 Sales rep information: Billing Information: Maria Porter CITY OF LUBBOCK Maria_Porter@Dell.com PO BOX 2000 (800) 456-3355 LUBBOCK Ext: 5138541 TX 79457-0001 Us (806) 775-2366 Pricing Summary Item Qty Unit Price Subtotal SC Enterprise Plus, 7.68TB, SA S, 12Gb, RI SSD, 2.5", Custome r 12 $7,120.24 $85,442.88 Kit Subtotal: $85,442.88 Shipping: $0.00 Environmental Fees: $0.00 Non -Taxable Amount: $85,442.88 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $85,442.88 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Page 1 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. S i/,-s ��eo ii-ln i�� ponce 1 '1(.0)0.,0 I i Dear Customer, Your Quote is detailed below; please review the quote for product and information accuracy. If you find errors or desire certain changes please contact me as soon as possible. Regards, Maria Porter Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Order SKU 400-AOOC Description Qty Unit Price Subtotal SC Enterprise Plus, 7.68TB, SA S, 12Gb, RI SSD, 2.5", Custome 12 $7,120.24 $85,442.88 r Kit Estimated delivery date: Oct. 31, 2018 Contract No: 75AHH Customer Agreement No: DIR-TSO-3763 SC Enterprise Plus, 7.68TB, SAS, 12Gb, RI SSD, 2.5", 12 Customer Kit Subtotal Shipping Environmental Fees Estimated Tax Total $85,442.88 $0.00 $0.00 $0.00 $85,442.88 Page 2 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 12018-423522 CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Dell Marketing, L.P. Round Rock, TX United States Date Filed: 11/07/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 11/16/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 14379 Compellent Storage 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Dell, Michael Round Rock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-423522 Dell Marketing, L.P. Round Rock, TX United States Date Filed: 11/07/209.8 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 14379 Compellent Storage 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Dell, Michael Round Rock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION ,� My name is Dennis Brabandt and my date of birth is My address is One Dell Way Round Rock TX 78682 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Williamson County, State of Texas on the 7th day of November 20 18 (month) (year) Durii. 8.c6au�G' Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711