HomeMy WebLinkAboutResolution - 2019-R0139 - PO With Kudelski Security - 04/23/2019 Resolution No. 2019-RO139
Item No. 7.13
April 23, 2019
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. 33001183 for the purchase of QFX
1002 Systems, Services and Support as per DIR-TSO-4240, by and between the City of Lubbock
and Kudelski Security, Inc., of Minnetonka, Minnesota, 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 April 23, 2019
DANIEL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Secreta
APPROVED AS TO CONTENT:
Mark Nrwoodj, Assistant City Manager
APPROVED AS TO FORM:
Ry/dB
,r ke, Xssistant City Attorney
ccdocs/RES.-PurchaseOrd 33001 183 - QFX 1002 Systems, Services and Support
April 2, 2019
City of
Lubb o ek Page - 1
TEXAS PURCHASE ORDER Date - 4/1/2019
Order Number 33001183 000 OP
BranchiPlaIlL 410
TO: SHIP TO:
KUDELSKI SECURITY INC CITY OF LUBBOCK
12400 WHITEWATER DRIVE SUITE 130 INFORMATION TECHNOLOGY
MINNETONKA MN 55343-9466 1611 10TH STREET
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O.BOX 2000
LUBBOCK,TX 79457 BY,
h1arta lv rc-,Director of Purchasing&Contract Management
Ordered 4/1/2019 Freight
Requested 5/7/2019 Taken By J MONTES
Delivery Per J Zhine/Reg # 53676 Quote#Q02831 l/DIR-TSO-4240
-Description/Supplier Item _ Ordered- _ Unit Cost UM Extension - Request Date
QFX 10002 %v36P 40G QSFP+/12P 2.000 22,500.0000 EA 45,000.00 5/7/2019
1006 QSFP29 #QFX10002-36Q
QFX 10002-36Q Prem Licns 2.000 5,000.0000 EA 10,000.00 5/7/2019
#QFX 10002-36Q-PFL
COR Supp/QFX 10002-36Q-RFL 2.000 382.5000 EA 765.00 5/7/2019
9SVC-COR-QFX02-36QP
JunCareNBD QFX10002-36Q&36QDC 2.000 5,440.0000 EA 10,880.00 5/7/2019
#SVC-ND-QFX02-36Q
__ —_ -- -- -- —- Total Order _
Terms NET DUE ON RECEIPT 66,645.00
This purchase order encumbers funds in the amount of$66,645.00 awarded to Kudelski Security, Inc. of
Minnetonka, MN, on-April 23 , 2019. The following is incorporated into and made part of this purchase order
by reference: Quotation Number Q028311 from Kudelski Security, Inc. of Minnetonka, MN, and State of Texas
Department of Information Resources (DIR) Contract DIR-TSO-4240 Resolution# 2019-RO139
City of Lubbock ATTEST:
Daniel M. Pope, Mayor CRebccaarza, City Secre ary
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
1.SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. lieu of any other remedies which Buyer may have in law or equity.
Each shipping container shall be clearly and permanently marked m follows (a) Seller's name and address, IS.TERMiN ATlON.The performance of under this order may be terminated in ychole,orinput by she
(b)Consignees name.address and purchase order or purchase release number and the supply aereement number Buyerinaccordance with this prmanie o Terminationis work hereunder shalldbe effected bythert by the
ifapplicable.(r)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 othern ise provided. Goods of the Seller of a"'Nosrct of Termination"specifying the extent to which performance of work under the
shall be suitably packed to secure lowest transportation costs and to conform with requirements of common order is terminated and the date upon which such termination becomes effective.Such right or termination is
carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments in addition to and not in lieu of the rights of Buyer set faith in Clause 13,herein
not accompanied by packing lists. 16.FORCE M AJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under of any terns of provisions of this contract is delayed or prevented by any cause not within the control of the
men ation and no tender of a bill of lading will operate a a tender of goods. party whose performance is interfered with.and which by Me exercise of reasonable diligence said party is
unable to prevent.
3.TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer umil Buyer 17,ASSIGXME\T•DELEGATCON. No right or interest in this contract shall be assigned or delegation of
actually rccciwcs and takes possession of the goods at the point or points aCdelicr.•ty' any obligation made by Seller without the written pennission of the Buyer. Any attempted assignment or
4.NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must filly comply delegation by Seller shall be wholly void and totally ineff-cin a for all purpose unless made in conformity with
with all provisions of this contract u to time ofdclivci y.quality and the like. If a tender is made which does not this paragraph.
fully conform,this shall const kum a breach and Seller shall not have the right to substitute a conforming tinder, Ig,WAIVER. No claim or right arising out of a breach o(this rnntract can be discharged in whole or in pan
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 ancnvard. 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 parry.
5.INVOICES&PAYMENTS.a.S c 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 19. INTERPRETATION-PAROLE EVIDENCE. This writing. plus any specifications for bids and
number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges. performance provided by Buycr in its advertisernint for bids. and any other documents provided by
if any.shall be listed separately. A copy of the bill of lading,and the freight waybill when applicable.should Seller as pan of his bid.is intended by the patties as a final c%pression of their agrccmcnt and intended also
be attached to the invoice. Mail To:Accounts Payable,City of Lubbock.P.0.Box 300(l,Lubbock.Texas as a complete and exclusive statement of the terms of their agrccmcnt. Whenever a tent defincd by the
79457. Payment shall not be due until the above in5muricnts arc submitted after deliver. Uni Corm Commercial Code is used in this agreement,the dcfinit ion contained in the Code is so control.
6.GRATUITIES. The Buyer nu%.by written novice to the Seller,cancel this contract without liability to 20.APPLICABLE LAW. This agreement shall be governed by the Uni Conn Commercial Code.Whervevcr
Seller if it is determined by Buvc that gruuitics.in the form of emenainmcnt.sifts or oihciw•isc.were offered the term"Uniform Comnereial Code"is used,it shall be construed m meaning the Uniform Commercial
or given b)the Seller.or any agent or repro cntaiiee of the Seller,to any officer or employee of the City-of Code as adopted in the State of Texas as efferik c and in force on the date of this agrccmcnt.
Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or 21,RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question
amending,or the making of any determinations with respect to the performing of such a contract. In the event the other party's intent to perform he may demand that the other,parry give written assurance of his intent to
this contract is canceled by Buycr pursuant to this provision.Buyer shall be entitled,in addition to any other perform. 1n the trent that a demand is made and no assurance is given within Eicc(S)days.the demanding
rights and remedies.to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. party may treat this failure as an anticipatory repudiation of the contract.
7.SPECIAL TOOLS&TEST EQUIPbIENT. If the price stated an the face hereof includes the cost of any 22,INDEMNIFICATION. Seller shall indemnify,keep and save harmless the Buyer.its agents.officials and
special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order. employees.against all injuries,deaths.loss.damages,claims,patent claims.suits.liabilities.judgments.costs
such special tooling equipment and any process sheets related thereto shall become the propen3'of the Buyer and expenses.which may in anywise accrue against the Buyer inconsequence of the granting of this Contract
and to the extent feasible shall be identified by the Seller n suds. or which may anywise result theiefinm,whether or not it shall be alleged or determined that the act was
8.WARRANTY-PRICE.a The price to be paid by the Buycr shall be that contained in Seller's bid caused through negligence as emission of the Seller or its employees.or of the subSellcr or assignee or its
which Seiler warrants to be no higher than Seller's current process on orders by others for products of the kind employees.if any,and the Seller shall.at his own expense,appear.defend and pay all charges of attorneys
and specification revered by this agreement for similar quantities under similar of like conditions and methods and all costs and other expense:arising therefrom of incurred in connection therewith,and,if any judgment
of purchase In the event Seiler breaches this warranty,the prices of the items shall be reduced to the shall be rendcr d against the Buyer in arty such action.the Seller shall,at its own expenses.satisfy and
Seller's current prices on orders by others.or in theafrernathe. Buyer may cancel this contract without discharge tltc scone Sehlr expressty understands and agrees that any bond required by this contract.or
liability to Scllcr for breach or Seller's actual cxpvmse.b.The Seller warrants that no person or selling agency, 11herm ise provided by Scllcr,shall in no way limit tile mharmless
e responsibility to indeniN.keep and save haless
has been cmployd or retained to solicit at secure this contract upon an agrccmcnt or understanding far and defend the Buyer as herein provided
commission.percentage.brokerage.or contingent fee excepting bona fide employees of bona fide established 23,TIME. It is hereby expressly agmvi and understood that time is of the essence Cor the performance of
emmixrcial or selling agencies maintained by the Sellvr for the purpose orsecui ing business. For breach of this contract,and failure by conmaa in meet the time specifications of this agreement will cause Seller to
viciation of this w ananty die Buyer shall have the:tight in addition to any other right of rights to cancel this be indefault of this agreement.
contract without liability and to deduct from ilia contract price,or otherwise recover without liability and to
deduct from the contract price,ororhenvise recover the Poll amount ofsuch commission.percentage.lnekeragc 24,MBE. The City of Lubbock hereby notifies all bidders that in regard to am contract entered into
or contingent fee. pursuant to this request,minority and women business cnteipiises will be aRmrdcd equal opportunities to
submit bids in response to this imitation and will not be discriminated against on the grounds of race,color.
s 1VARRA\TY-PR . Scllcr shall not limit or exclude any implied warranties and am amempt to du sex or natural origin in consideration for an award
so shall render this rnntmot ntma voidable at the option of the IIwer. Scllcr warrants that the goads famished will
conform to the specification,drawings,and descriptions listed in the hid invitation.and to the sample(s)furnished 25.NON-ARBITRATION.The City reserves the right to exercise any right or Feusvdy to it by law.contract.
by the Seller.if am•. In the everts of a conflict or between the specifications.drawings.and descriptions,the equity.or otherwise,ineludinc without limitation.the right to seek any and all fonns of relief in a court of
specifications shall govern.Notwithstanding any provisions contained in the contractual agreement.the Seller competent jurisdiction.Further,the City shall not be subject to any arbitration process prior to exercising
represents and w-amarrts full-fret performance and fault-lice result in the processing date and date related data its unrestricted right to seek judicial remedy.The remedies set forthherein are cumulative and not exclusive.
(including.but not limited to calculating,comparing and sequencing)of all hardware.software and firm%,arc and may be exercised concurrently.To the extent orally conflict bcuveen this provision and another provision
products dcliveoil and services provided under this Contract.individually or in combination.u the case may in,or related to.this document,this provision shall control.
be from the effective date of this Contract.The obligations contained herein apply to products and services 36.RIGHT TO AUDIT.At any minx during the term of the contract,or thereafter.the City,or a duly
provided by the Seiler.its sub-Scllcr or any third party imolvd in the er
emion or development of the products authorized audit representative of the City or the State of Texas.at its expense and at reasonable times,
and services to be delivered to the Cit)of Lubbock under this Contract. Failure to comply with any ofthe reserves the right to audit Contractor's records and books relevant to all ser ices pmvidcd to the Cit"under
obligations contained herein,may result in the City of Lubback availing itself of any of its rights under the this Contract. In the event such an audit by the City reveals any cmors or overpayments by the City.
law and under this Contract including,but not limited to.its right pertaining to termination or default. The Conuanor shall refund the City the full amount of suck oyerpayrrrents within thirty(30)days of such
wastrdiscrete contained herein arc separate and discrr from any other warranties specified in this Contract. audit findinw.or the City.at its option,reserves the right to deduct such amounts owing the City firer any
and are nes subject to any disclaimer of warranty.implied or expressed.or limitation of the Sellers liability payments due Contractor.
which may be specified in this Contract.its appendices.its schedules,its annexes or any document incorporated
in this Contract by reference. 27.HOUSE BILL 2015, House Hill 2015.signed by the Governor on June 14.3013 and effective on Januar
1.2017,authorizes a panahy to be imposed on a person who contracts for certain services with a govemmenral
10.SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards entity and who fails to properly classify their workers.This applies to subcontractor as welL Contractors and
promulgated by the U.S.Department of Labor under the Occupational Safety and Health Act of 1970. In the subcontractors w ho fail to properly classify individuals performing work undo a gavemmental contract will be
event the product does not conform to OSHA standards.Buyer tray return the product for conection or penalized$'_00 for each individual that has been misclassiFltd.(Texas Government Code Suction 2155.001).
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. 38.ASSIGNING OR SUBLETTING THE CONTRACT.The Contractorshall not assign or sublet the contract.
or any porion of the contract. without written consent from the Director of Purchasing and Contract
11.NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract far sale Seller Management. Should consent be given.the Contractor shall insure the Subcontractor or shall provide proof on
agrees to ascertain whether goods marts Cactured in accordance with she spccifreat ions attached to this agreement insurance from the Subcontractor that complies with all contract Insurance requirements.
will give rise to the rightful claim or any third person b)way of infringement of the like. Buyer makes no
warranty that the production ofgoods according to the specification will not give rise to such a claim.and in no 39.HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295,adopted by the 84th
event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of Legislature.created¢3352.903.Texas Goverment Code,Section 3253.908 requires a business entity entering
infringement of the like. If Seller is of the opinion that an in6ingement or the like will result.he will notify the into certain contracts with a govcmmcntal entity or state agency to rite with the governmental entity or state
Buyer to this effect in writing within two weeks after the signing ofthis agreement. If Buyer does not receive agency a disclosure of interested parties as the time the business entity submits the signed contract to the
notice and is subsequently held liable for the infringement or the like.Seller will save Buyer harmless. If governmental entity or sate agency. Instructions for completing Form 1395 arc available at,
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in hung:.....di.luhbsck tcuslypl tymental-wehsitvs<IvGr n•gas'mndhasine"wendar-infvtnnation
infringement or the like.the contract shall be null and void. 30.CONTRACTOR ACKNOWLEDGES.by supplying any Goods or Services that the Contractor has read.
13. NON APPROPRIATION. Ali funds for payment by the City under this contract are subject to the fully understands,and will be in full compliance with all teens and conditions and the descriptive material
availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds contained herein and any additional associated documents and Amendments.The City disclaims any tams and
by the City Council of the City of Lubbock for the goods or services provided under the contract,the City will conditions provided by the Contractor unless agreed upon in writing by the parties In the event oC conflict
terminate the contract,without termination charge or other liability,on the lar day of the then-current fiscal between these terns and conditions and any terms and conditions provided by the Contractor,the terms and
year or when the appropriation made for the then-current year for the goods or services covered by this contract conditions provided herein shall prevail The mons and conditions provided herein are the finat terms agreed
is spent,whichever event occurs fust. If at any time funds are not appropriated for the continuance of this upon by the panics.and any prior conflicting terms shall be afro force or effect.
contract,cancellation shall be accepted by the Seller on thiny(30)days prior written notice.but failure to give J(.By accepting this purchase order,the Vendor verifies that it docs not Boycott Israel.and agrees that during
termination.
such notice shall be of no effect and the City shall not be obligated under this contract Ixyond the dart of the term of this Agreement(Contract as applicable)will not Boyctlt Israel as that term is defined in Texas
Government Code Section 803.001,as amended,
13.RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting
them.
la.CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered
porion of this order if Seller breaches any of the terms hereof including warranties of Seiler or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
Rev.10:3017
.
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12400Whitewater[kSuite 1OVMinnetonka MN 55343
C>uota# {]028311 Sales Rep Tiffany Lawson
{]uotedTo Date 04/01/2019 Phome# 214'420'5812
City ofLubbock
David McGaughey Expires 05/01/2018 Email tiffan;/owoon@kude|ukioecurity.00rn
mngoy@my|ubbook,um Terms Net 30
+1.8087763000
Contract# D|R-TSO-4240
urx/0002-3u 2 orn/mmuSystem with 3s-pv *usoorp' /,ov"xm0000pruo/ /*4-por'`oaopp~with» /onow*cPower 45m00/0 50.0% 22.500v0 *5.000z0
Supplies and`Fan Trays
upx10002'360-PrL z om,mm2o*oPremium Feature License `o,mm/w 50.0% 5.000.00 10.000.00
ovc'cnnupm2-360p 2 COR SUP FOR upx`v002-»oo'ppL 45000 mu% 382.50 r0000
nvc'wuurmo'000 u Juniper Care Next Day Support for oFx`nvv2-^ 0uopx10002-360-DC o^oono 15.0o s^^000 ,o.000.00
To/a| S66.845.00
All amounts are quoted exclusive of sales tax. shipping and handling charges. and other expenses incident to de|ivary.
Signature below Indicates acceptance of pricing. terms,and conditions of sale of product and services listed above.
Authorized Representative Date