The URL can be used to link to this page

Home My WebLink AboutResolution - 2022-R0266 - PO 33001631 with Dell Marketing 6.14.22Resolution No. 2022-RO266 Item No. 6.14 June 14, 2022 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 33001631, as per Purchasing Co-op Contract DIR-TSO-3763, for the purchase of Dell Desktop Computers, 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 TEST: /lb Y v T ReTbecca Garza, City Secretary APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: R anB oke, ssistant City Attorney RES.PO 33001631-Dell Marketing, LP 6.6.22 June 14, 2022 Page - 1 _ City of r Lubbock PURCHASE ORDER Date - 5/27/2022 TEXAS Order Number 33001631 000 OP Branch/Plant 3410 TO: DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: d�f Marta Alvarez Owctor of Purchasing & Contract Management Ordered 6/14/2022 Freight Requested 7/l/2022 Taken By Delivery Per J Zhine / Req # 58940 K MORGAN Q#3000121355595.1/DIR-TSO-3763/PUR 16661 If you have any questions about this order, please contact Jay Zhine at 806-775-2366 or via email JZhine@,mylubbock.us Description/Supplier Item Ordered OptiPlex 3080 SFF i5-10500 16G 102.000 512GB SSD #210-13CPF Dell Ltd WarrantyPlus 4 Year 102.000 #803-8583 #975-3462 Terms NET 30 DAYS Unit Cost UM Extension Request Date 782.0000 EA 79,764.00 7/l/2022 EA 7/l/2022 Total Order 79,764.00 This purchase order encumbers funds in the amount of $79,764.00 awarded to Dell Marketing, LP of Round Rock, TX, on June 14 , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated May 27, 2022, from Dell Marketing, LP of Round Rock, TX, and DIR-TSO-3763. Resolution # 2022-RO266 A EST: Reb ca Garza, City Secretary Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDGES, by supolvine any Goods or Spices that the Contractor has read. full understands. and will be in full compliance with all terms and conditions and the descriotive material contained herei and any additional associated documents and Amendments, The City disclaims any terms and conditions provided b the Contractor unless aereed upon in writing by the parties. In the event of conflict between the City's terms an conditions and am, terns and conditions provided by the Contractor. the terns and conditions provided herein sha' 1. 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 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 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. 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 conf rmr, this shall constitute a !reach 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. 0. 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 fbn n 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 fax 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 slues 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 wan -ants 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 vitiation 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 wan -ants that the goods famished 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 -Gee 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, is sub- Seller or any third party involved in the creation or development ofthe 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 is rights under the law and under this Contract including, but not limited to, is 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, is appendices, is schedules, is annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller wan -ants 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 OSHA 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 par 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 byway 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 issued on the grounds of infringement of the like. If Seller 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 finds for payment by the City under this contract arc 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 for the 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 atarty 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 stall 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 par of the undelivered portion of this order if Seller breaches any of the terns hereof including warranties of Seller or if the Seller becomes insolvent or commis acts of banlauptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. in accordance with this provision Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Tetmoatron" 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 terns 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 percussion 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 perfbr ance 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 terns 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. Wherever 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 due 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 gaming 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 is 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 tendered against the Buyer in any such action, the Seller shall, at is 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. 13. TIME. It is hereby 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. 14. 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 is unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent ofany conflict between this provision and another provision in, or related to, this donurent, 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 is 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 is option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. 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. 18. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. 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: hna:+�wwwsi.]vbbork.tx.us'deoartmental- -obsitz, devartmcnts, ptrrchasinp!_ sndounfonnaf ion 30. No Boycott of lsrael Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation Respondent shall state any fats that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (id) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitat iv n. Respondent shall state any fats that make it exempt from the boycott certification in its Response. 32. No Boycott ofa Firearm Entity or Firearm Trade Association Pursuant to Section 2274 of the Texas Govemment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the tern of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in is Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 35. Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed request orr.'a:rnylubbock. us. Please send this request to this email address for it to be processed 15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer REV. 32022 C4LLTechnologies A quote for your consideration Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we've created to help you with your purchase decision. To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order. Quote No. Total Customer # PO Number Quoted On Expires by Contract Name Contract Code Customer Agreement # Deal ID 3000121355595.1 $79,764.00 1784159 264463000OR May. 27, 2022 Jun. 26, 2022 Texas Department of Information Resources (TX DIR) C000000O06841 TX DIR-TSO-3763 14780458 Message from your Sales Rep Sales Rep Cody Long Phone (800) 456-3355, 6180336 Email Cody_Long@Dell.com Billing To ACCOUNTS PAYABLE CITY OF LUBBOCK PO BOX 2000 LUBBOCK, TX 79457-0001 Please contact your Dell sales representative if you have any questions or when you're ready to place an order. Thank you for shopping with Dell! Regards, Cody Long Product SI# 2900 OptiPlex 3090 Small Form Factor Unit Price Quantity Subtotal $782.00 102 $79,764.00 Subtotal: $79,764.00 Shipping: $0.00 Environmental Fee: $0.00 Non -Taxable Amount: $79,764.00 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $79,764.00 Page 1 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 Quantity Subtotal SI# 2900 OptiPlex 3090 Small Form Factor $782.00 102 $79,764.00 Estimated delivery if purchased today: Jul. 01, 2022 Contract # C000000O06841 Customer Agreement # TX DIR-TSO-3763 Description SKU Unit Price Quantity Subtotal OptiPlex 3090 SFF XCTO 210-BCPF - 102 - 10th Generation Intel Core i5-10500 (6-Core, 12MB Cache, 3.1GHz to 338-BVCB 102 4.5GHz, 65W) Ubuntu Linux 20.04 605-BBNY - 102 - 16GB (1x16GB) DDR4 non ECC memory 370-AGFR - 102 - M.2 2230 512GB PCIe NVMe Class 35 Solid State Drive 400-BEUX - 102 - M.2 22x30 Thermal Pad 412-AAQT - 102 - M2X3.5 Screw for SSD/DDPE 773-BBBC - 102 - No Additional Hard Drive 401-AANH - 102 - Intel Integrated Graphics 490-BBFG - 102 - OptiPlex 3090 Small Form Factor with D10 20OW up to 85% efficient 329-BGLU 102 Power Supply (80PIus Bronze), DAO System Power Cord (Philipine/TH/US) 450-AAOJ - 102 DVD+/-RW Bezel 325-BDSH - 102 - 8x DVD+/-RW 9.5mm Slimline Optical Disk Drive 429-ABFH - 102 - CMS Software not included 632-BBBJ - 102 - No Media Card Reader 379-BBHM - 102 - No Wireless LAN Card (no WiFi enablement) 555-BBFO - 102 - No Wireless Driver (no WiFi enablement) 340-AFMQ - 102 - Chassis Intrusion Switch - SFF 461-AAEE - 102 - No Additional Cable 379-BBCY - 102 - No PCIe add -in card 492-BBFF - 102 No Additional Add In Cards 382-BBHX - 102 No Additional Video Ports 492-BCKH - 102 - Dell KB216 Wired Keyboard English 580-ADJC - 102 - Dell Optical Mouse - MS116 (Black) 570-ABIE - 102 No Cable Cover 325-BCZQ - 102 - Dell Applications for Ubuntu or kylin 658-BEXM - 102 - ENERGY STAR Qualified 387-BBLW - 102 - Quick Setup Guide 3090 SFF 340-CXIL - 102 - Trusted Platform Module (Discrete TPM Enabled) 329-BBJL - 102 - Shipping Material 340-CQYR - 102 - Shipping Label 389-BBUU - 102 - Regulatory Label OptiPlex 3090SFF,Mexico 340-CXIT - 102 - No Hard Drive Bracket, Dell OptiPlex 575-BBKX - 102 - Desktop BTO Standard shipment 800-BBIO - 102 - System Monitoring not selected in this configuration 817-BBSI - 102 - Page 2 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 No Out -of -Band System Management 631-ADEN - 102 No External ODD 429-ABGY - 102 No Optane 400-BFPO - 102 EPEAT 2018 Registered (Silver) 379-BDTO - 102 Custom Configuration 817-BBBB - 102 Internal Speaker 520-AARD - 102 Dell Limited Hardware Warranty Plus Service 803-8583 - 102 ProSupport 4-Hour: 7x24 Onsite Service After Remote Diagnosis, 1 803-8615 102 Year ProSupport 4-Hour: 7x24 Onsite Service After Remote Diagnosis, 3 803-8620 102 Years Extended ProSupport: 7x24 Technical Support, 4 Years 803-8703 - 102 Dell Limited Hardware Warranty Plus Service, Extended Year(s) 975-3462 - 102 Thank you choosing Dell ProSupport. For tech support, visit 989-3449 102 //support.dell.com/ProSupport Keep Your Hard Drive, 4 Year 981-3953 - 102 CFI Routing SKU 365-0257 - 102 Configuration Services, Dell Connected Configuration 365-0931 - 102 Subtotal: $79,764.00 Shipping: $0.00 Environmental Fee: $0.00 Estimated Tax: $0.00 Total: $79,764.00 Page 3 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock. TX 78682 Dell Marketing L.P. Telephone One Dell Way Telefax Round Rock, Texas 78682 February 12, 2021 Dear Customer, Dell Marketing LP is a wholly owned subsidiary of Dell Technologies Inc., a publicly traded business entity since December 2018. This is publicly available information and is posted on the SEC website, for a SEC reference document please see the following that lists all subsidiaries of Dell Technologies, Inc. as of the date specified: https://www. sec.gov/Archives/edgar/data/1571996/000157199619000008/exhibit 211 020119.htm Dennis Brabandt Dell Marketing L.P. Contract Program Manager Dell Customer Communication - Confidential