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HomeMy WebLinkAboutResolution - 2017-R0366 - PO With Dell Marketing - 10/12/2017Resolution No. 2017-RO36 6 Item No. 6.12 October 12, 2017 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. 33000909 for the purchase of Dell Storage Controllers and Enclosure as per DIR-SDD-1951, 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 October 12, 2017 DANIEL M. POPE, MAYOR ATTEST: Q. 1 Reb I cca Garza, City Secretary-) APPROVED AS TO CONTENT: Mark Ye ood, Assistanf City Attorney APPROVED AS TO FORM: Ryan B ook , Assis ant City Attorney ccdocs/RES.Purchase Order 33000909.Dell Storage Controllers and Enclosure 09.25.2017 City of Lubbock Texas PURCHASE ORDER 'I O DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK Texas 78682 SHIP TO: Page - 1 Date - 09/25/2017 Order Number 33000909 000 OP BranclUPlant P410 CITY OF LUBBOCK INFORMATION TECHNOLOGY 1611 10TH STREET LUBBOCK Texas 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Marta Alvarez, Director of Purchasing & Contract Management Ordered 09/25/2017 Freight Requested 09/25/2017 Taken By Delivery Per J Zhine / Req # 50904 K MCAVOY Q#3000017288355.1 /DIR-S DD -1951 Description/Supplier Item _ Ordered Unit Cost Um Extension Request Date SC9000 Controller 1st dellstar 1.000 110,590.2200 EA 110,590.22 09/25/2017 #210-AFTH SW Supp 7x24 StgCntrSW BaseBnd 1.000 EA 09/25/2017 Licns 3 Yrs #804-5314 SW Supp 7x24 StgCntrSW Optimz 1.000 EA 09/25/2017 Licns 3 Yrs #804-5342 SW Supp 7x24 Stg Protection 1.000 EA 09/25/2017 Licns 3 Yrs #804-5332 Copilot 7x24 HW/SW TechSupp 2.000 EA 09/25/2017 3 Yrs #804-5364 SC9000 Controller 2nd dellstar 1.000 23,537.0600 EA 23,537.06 09/25/2017 #210-AFTI SC9000 Controller 2nd End new 1.000 19,492.0800 EA 19,492.08 09/25/2017 array #210-AFLK SC400 Enclosure addon enclosur 6.000 19,465.4900 EA 116,792.94 09/25/2017 #210-AFLL Lubblock VV�TEXAS TO: PURCHASE ORDER DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK Texas 78682 SHIP TO: Page - Date - Order Number 2 09/25/2017 33000909 000 OP 410 CITY OF LUBBOCK INFORMATION TECHNOLOGY 1611 10TH STREET LUBBOCK Texas 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta A arez, Director of Purchasing & Contract Management Ordered 09/25/2017 Freight Requested 09/25/2017 Taken By K MCAVOY Delivery Per J Zhine / Req # 50904 Q#3000017288355.1/DIR-SDD-1951 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Copilot 7x24 HW/SW TechSupp 6.000 EA 09/25/2017 #804-3645 SC420 Enclosure 1st new array 1.000 81,659.9600 EA 81,659.96 09/25/2017 #210-AFTF Total Order Terms NET 30 352,072.26 This purchase order encumbers funds in the amount of $352,072.26 awarded to Dell Marketing, LP of Round Rock, TX on October 12, 2017. The following is incorporated into and made part of this purchase order by reference: Contract DIR-SDD-1951 dated September 1 1, 2017 from Dell Marketing, LP of Round Rock, TX. Resolution # 2017-120366 . CITY OF LUBBO Daniel M. Pope, Mayor ATTEST: eb cc�Iity ,y Seller and Buyer agree as follows: TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CRY OF LUBBOCK, TX I SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently (narked 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 number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost ofpackaging 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. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND 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. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e I I e r shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation 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 invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities 7. SPECIAL TOOLS & TEST EQUIPMENT If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free 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 Contract, individually or in combination, as the case may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the creation or development of the products and services to be delivered 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 rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract 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 1970. In the event the product does not conform to OSI4A standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods 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. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. ITSeller is of the opinion that an infringement or the like will result, he will notify 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 Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement 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 nonappropriation of funds by the City Council of the City of Lubbock forthe goods or services provided under the contract, the City will 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 such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 13. RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery before accepting them. 14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any ofthe terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy Such right ofcancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 15. TERMINATION. The performance of work under this order maybe terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein. 16. FORCE MAJEURE. 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 party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 17. ASSIGNMENT -DELEGATION. No right 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 Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 18. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Whereever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. TIME. It is thereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to 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, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January I, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. (Texas Government Code Section 2155.001). 28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 are available at: http //www ci,liibbock.tx.us/departmgnlal-w?bsites/depaLiments4purQha ing/venclor-information 30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms 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 writing 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 terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. Rev. 7/21)16 31 House Bill 89, effective September 1, 2017, amended the Texas Government Code to add Chapter 2270, Prohibition on Contracts with Companies Boycotting Israel, Effective September 1, 2017, a state agency and a political subdivision (which includes a city) may not enter a contract with a company for goods or services unless the contract contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. By accepting this purchase order, the Vendor (Professional or other applicable term defining the contracting party) verifies that it does not Boycott Israel, and agrees that during the term of this Agreement (Contract as applicable) will not Boycott Israel as that term is defined in Texas Government Code Section 808.001, as amended. A quote for your consideration! Total: $ Based on your business needs, we put the following quote together to help with 352,072.26 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: 3000017288355.1 Sep. 11, 2017 Oct. 30, 2017 8579358 14463302 Company name: Customer number: Phone: CITY OF LUBBOCK 1784159 (806) 775-2626 Sales rep information: Billing Information: Megan Agoston CITY OF LUBBOCK Megan_Agoston@Dell.com PO BOX 2000 (800)456-3355 LUBBOCK Ext: 5130601 TX 79457-0001 US (806) 775-2626 Pricing Summary Item Qty Unit Price Subtotal Dell Storage SC9000 Controller - [del[star_10727] 1 $110,590.22 $110,590.22 Dell Storage SC9000 Controller - [de[lstar_10727] (2) 1 $23,537.06 $23,537.06 Dell Storage SC400 3.5 Enclosure - [dellstar_11647] 1 $19,492.08 $19,492.08 Dell Storage SC400 3.5 Enclosure - [dellstar_116471 (2) 6 $19.465.49 $116,792.94 Dell Storage SC420 2.5 Enclosure - [deRstar_11728] 1 $81.659.96 $81,659.96 Subtotal: $352,072.26 Shipping: $0.00 Environmental Fees: $0.00 Non -Taxable Amount: $352,072.26 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $352,072.26 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Page 1 O 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way. Mail Stop 8129. Round Rock. TX 78682. 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, Megan Agoston Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Order SKU Description Qty Unit Price Subtotal Dell Storage SC9000 Controller - [delistar_10727] 1 $110,590.22 $110,590.22 Estimated delivery date: Sep. 20 - 25, 2017 Contract No: 42AFU Customer Agreement No: DIR-SDD-1951 210-AFTH SC9000 Controller (1st) 1 449-BBJE SC9000 Controller Components 1 325-BCJT Dell EMC 2U Standard Bezel 1 450-ADWM Dual, Hot -plug, Redundant Power Supply (1+1), 1 10O 1 370-ACJU 256GB Memory 1 435-BBBD Write Cache Card (1M LC -LC Optical Cable) 1 634-BEMY Storage Center Core Software Bundle, Base License 1 634-BENC Storage Protection Bundle, Software License 1 634 -BEND Storage Optimization Bundle, Software License 1 340-ARMM Dell SC9000 Shipping, DAO 1 804-5314 Software Support: 7X24, Storage Center Software Base 1 Bundle License, 3 Years 804-5342 Software Support: 7X24, Storage Center Optimization 1 Bundle License, 3 Years 804-5332 Software Support: 7X24, Storage Protection Bundle 1 License, 3 Years 332-1286 US Order 1 804-5364 Dell Compellent Copilot: 7x24 HW / SW Tech Support and 1 Assistance, 3 Years 804-5366 Dell Hardware Limited Warranty 1 804-5368 Dell Compellent Copilot: Next Business Day Onsite Service 1 Page 2 O 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock. TX 78682. Page 3 C 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way. Mail Stop 8129, Round Rock, TX 78682. Subtotal $23,537.06 After Problem Diagnosis, 3 Years 931-7307 Thank you choosing Dell. For tech support, visit 1 http://www.compe[Lent.com/Support-Services.aspx or call 1-866-397-8673 806-2657 ProDeploy Dell Storage SC Series 9XXX SAN - Deployment 1 806-2658 ProDeploy Dell Storage SC Series 9XXX SAN - Deployment 1 Verification 450-AADY C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord 1 450-AADY C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord 1 565-BBCI 10, 10Gb FCoE, 2Port, PCI -E, Optical, Full height 2 565-BBCM 10, 1Gb/10Gb iSCS1, 2port,PCI-E,Base-T, Full height 1 544-BBBZ 10, 12Gb SAS, 2port, PCI -E, Low Profile, 2x2m Mini -SAS HD 2 to Mini -SAS HD cable 634-BENI Storage Center Drive License 100 804-2162 ProDeploy Add -On: Replication Services for Dell Storage 1 (Requires ProDeploy) SKU Description Qty Unit Price Dell Storage SC9000 Controller - [dellstar_10727] (2) 1 $23,537.06 Estimated delivery date: Sep. 20 - 25, 2017 Contract No: 42AFU Customer Agreement No: DIR-SDD-1951 210-AFTI SC9000 Controller (2nd) 1 449-BBJE SC9000 Controller Components 1 325-BCJT Dell EMC 2U Standard Bezel 1 450-ADWM Dual, Hot -plug, Redundant Power Supply (1+1), 1100W 1 370-ACJU 256GB Memory 1 435-BBBD Write Cache Card (1M LC -LC Optical Cable) 1 634-BEMZ Storage Center Core Software Bundle, Base License Not 1 Required 340-ARMM Dell SC9000 Shipping, DAO 1 332-1286 US Order 1 804-5364 Dell Compellent Copilot: 7x24 HW / SW Tech Support and 1 Assistance, 3 Years Page 3 C 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way. Mail Stop 8129, Round Rock, TX 78682. Subtotal $23,537.06 804-5366 Dell Hardware Limited Warranty 1 804-5368 Dell Compellent Copilot: Next Business Day Onsite Service 1 After Problem Diagnosis, 3 Years 931-7307 Thank you choosing Dell. For tech support, visit 1 http://www.compe[lent.com/Support-Services.aspx or call 1-866-397-8673 806-2657 ProDeploy Dell Storage SC Series 9XXX SAN - Deployment 1 806-2658 ProDeploy Dell Storage SC Series 9XXX SAN - Deployment 1 Verification 450-AADY C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord 1 450-AADY C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord 1 565-BBCI 10, 10Gb FCoE, 2Port, PCI -E, Optical, Full height 2 565-BBCM 10, 1Gb/10Gb iSCSI, 2port,PCI-E,Base-T, Full height 1 544-BBBZ 10, 12Gb SAS, 2port, PCI -E, Low Profile, 2x2m Mini -SAS HD 2 to Mini -SAS HD cable SKU Description Qty Unit Price Subtotal Dell Storage SC400 3.5 Enclosure - [dellstar_11647] 1 $19,492.08 $19,492.08 Estimated delivery date: Sep. 19 - 22, 2017 Contract No: 42AFU Customer Agreement No: DIR-SDD-1951 210-AFLK SC400 Enclosure (1st enclosure of new array) 1 325-BCLF SC400 Bezel 1 403-BBKM Enclosure Mangement Module, Dual 1 770-BBJE Rack rail, 2Us, Static 1 450-AEBJ Power supply, AC 600W, Redundant 1 340-AKPJ MD1400/SC400 Enclosure Regulatory Label, Mexico 1 340-AQPI Dell SC400 Shipping, DAO 1 332-1286 US Order 1 804-3643 Dell Hardware Limited Warranty 1 804-3645 Dell Compellent Copilot: 7x24 HW / SW Tech Support and 1 Assistance, 3 Years 804-3647 Dell Compellent Copilot: Next Business Day Onsite Service 1 After Problem Diagnosis, 3 Years Page 4 � 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way. Mail Stop 8129, Round Rock. TX 78682. 931-7307 Thank you choosing Dell. For tech support, visit 1 http://www.compellent.com/Support-Services.aspx or call 1-866-397-8673 806-2653 Pro Deploy Dell Storage SC Disk Series 400/420 2U Exp 1 Enclosure - Deployment 806-2654 Pro Deploy Dell Storage SC Disk Series 400/420 2U Exp 1 Enclosure - Deployment Verification 400-AIXF SC400, 6TB, NL -SAS, 12Gb, 7.2K, 3.5" HD 12 450-AADY C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord 1 450-AADY C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord 1 470-ABDO 12Gb HD -Mini to HD -Mini SAS cable, 2m 1 470-ABDO 12Gb HD -Mini to HD -Mini SAS cable, 2m 1 SKU Description Qty Unit Price Subtotal Dell Storage SC400 3.5 Enclosure - [dellstar_i 1647] (2) 6 $19,465.49 $116,792.94 Estimated delivery date: Sep. 19 - 22, 2017 Contract No: 42AFU Customer Agreement No: DIR-SDD-1951 210-AFLL SC400 Enclosure (add-on enclosure) 6 325-BCLF SC400 Bezel 6 403-BBKM Enclosure Mangement Module, Dual 6 770-BBJE Rack rail, 2Us, Static 6 450-AEBJ Power supply, AC 600W. Redundant 6 340-AKPJ MD1400/SC400 Enclosure Regulatory Label, Mexico 6 340-AQPI Dell SC400 Shipping, DAO 6 332-1286 US Order 6 804-3643 Dell Hardware Limited Warranty 6 804-3645 Dell Compellent Copilot: 7x24 HW / SW Tech Support and 6 Assistance, 3 Years 804-3647 Dell Compellent Copilot: Next Business Day Onsite Service 6 After Problem Diagnosis, 3 Years 931-7307 Thank you choosing Dell. For tech support, visit 6 http://www.compellent.com/Support-Services.aspx or call 1-866-397-8673 Page 5 C 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way. Mail Stop 8129, Round Rock. TX 78682. 806-2653 ProDeploy Dell Storage SC Disk Series 400/420 2U Exp 6 Enclosure - Deployment 806-2654 ProDeploy Dell Storage SC Disk Series 400/420 2U Exp 6 Enclosure - Deployment Verification 400-AIXF SC400, 6TB, NL -SAS, 12Gb, 7.2K, 3.5" HD 72 450-AADY C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord 6 450-AADY C13 to C14, PDU Style, 10 AMP; 6.5 Feet (2m), Power Cord 6 470-ABDN 12Gb HD -Mini to HD -Mini SAS cable, 0.5m 6 470-ABDN 12Gb HD -Mini to HD -Mini SAS cable, 0.5m 6 SKU Description Qty Unit Price Subtotal Dell Storage SC420 2.5 Enclosure - [dellstar_11728] 1 $81,659.96 $81,659.96 Estimated delivery date: Sep. 19 - 22, 2017 Contract No: 42AFU Customer Agreement No: DIR-SDD-1951 210-AFTF SC420 Enclosure (1st enclosure of new array) 1 325-BCLH SC420 Bezel 1 403-BBKM Enclosure Mangement Module, Dual 1 770-BBJE Rack rail, 2Us, Static 1 450-AEBJ Power supply, AC 600W, Redundant 1 340-AQPJ Dell SC420 Shipping, DAO 1 389-BEVH MD1420/SC420 Enclosure Regulatory Label, Mexico 1 332-1286 US Order 1 804-4909 Dell Compellent Copilot: Next Business Day Onsite Service 1 After Problem Diagnosis, 3 Years 804-4934 Dell Compellent Copilot: 7x24 HW / SW Tech Support and 1 Assistance, 3 Years 804-4936 Dell Hardware Limited Warranty 1 931-7307 Thank you choosing Dell. For tech support, visit 1 http://www.compe(tent.com/Support-Services.aspx or call 1-866-397-8673 806-2653 ProDeploy Dell Storage SC Disk Series 400/420 2U Exp 1 Enclosure - Deployment 806.2654 ProDeploy Dell Storage SC Disk Series 400/420 2U Exp 1 Page 6 -D 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep. Megan Agoston 13000017288355.1 Enclosure - Deployment Verification 400-AIZN SC Enterprise Plus, 1.92TB, SAS, 12Gb, RI SSD, 2.5" 24 450-AADY C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord 1 450-AADY C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord 1 470-ABDN 12Gb HD -Mini to HD -Mini SAS cable, 0.5m 1 470-ABDN 12Gb HD -Mini to HD -Mini SAS cable, 0.5m 1 Subtotal: $352,072.26 Shipping: $0.00 Environmental Fees: $0.00 Estimated Tax: $0.00 Total: $352,072.26 Page 7 C 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock. TX 78682. Important Notes Terms of Sale 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: Dell's Terms of Sale (www.dell.com/learn/us/en/uscorpl/terms-of-sate), which include a binding consumer arbitration provision and incorporate Dell's U.S. Return Policy (www.de[l.com/returnpolicy) and Warranty (for Consumer warranties ; for Commercial warranties). If this purchase includes services: in addition to the foregoing applicable terms, the terms of your service contract will apply (Consumer; Commercial). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terms 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). If your purchase is for Mozy, in addition to the foregoing applicable terms, your use of the Mozy service is subject to the terms and conditions located at https://mozy.com/about/legal/terms. You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. 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 f oregoing 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. 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. Please indicate any tax-exempt status on your P0, 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 correct Dell entity name: Dell Marketing L.P. Note: All tax quoted above is an estimate: final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax_Department@dell.com. For certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment properly. Page 8 @ 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock. TX 78682 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 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. 2017-265965 Dell Marketing, L.P. Round Rock, TX United States Date Filed: 09/27/2017 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, Texas Date Acknowledged: 09/28/2017 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. the contract, and provide a 13663 SC9000 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 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 10f1 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. 2017-265965 Dell Marketing, L.P. Round Rock, TX United States Date Filed: 09/27/2017 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, Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. the contract, and provide a 13663 SC9000 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 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. PAULA MARIE BECK Notary Public, Muskegon Co., an My Commission Expires 11/0MichigMichig � Acting in the County of M2/2020 uskegon Signature of authorized agent of contracting business entity i AFFIX NOTARY STAMP / SEAL ABOVE I Sworn to and subscribed before me, by the said Cynthia B. Radel this the 27th day of September 20 17 to certify which, witness my hand and seal of office. 1 �cj� �fCt Qc Signature of office admi Steri oath _ Printed name of officer administering oath Title of officer adVninistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337