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HomeMy WebLinkAboutResolution - 2012-R0254 - PO - Abacus Computers Inc.- Data Patroller 3 - 06_21_2012Resolution No. 2012-RO254 June 21, 2012 Item No. 5.14 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. 86004004 for the purchase of storage area network (SAN) for the Data Patroller 3 (DP3) upgrade, by and between the City of Lubbock and Abacus Computers, Inc. of Midland, 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. assed by the City Council on TTEST: Garza, City VED AS TO CONTENT: Mark\'earw(Yod, Assistant City Manager Chief Information Officer OVED AS T FORM: Weaver, Assistant City Attorney June 21, 2012 :docs/RES.Abacus Computers, Inc.-PurchaseOrd 17, 2012 Lubbock y TEXAS TO: PURCHASE ORDER ABACUS COMPUTERS INC. 6 DESTA DRIVE SUITE 1350 MIDLAND Texas 79705-5512 SHIP TO: Page - Date - Order Number 1 06/11/2012 86004004 000 OP CITY OF LUBBOCK INFORMATION TECHNOLOGY C/O MARK YEARWOOD 1611 LOTH STREET LUBBOCK Texas 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY. Marta lvarez, Director of sing & Contract Management Ordered 05/16/2012 Requested 05/16/2012 Delivery Per J Zhine / Req #39738 Description/Supplier Item Storage Area Network Upgrd- PD Video System Upgrade Storage Storage Area Network Upgrd- PD Video System Upgrade Storage Terms NET DUE ON RECEIPT Freight Taken By D.TORRES Q#EVA6500 5820121DIR-SDD-1364 Ordered Unit Cost UM Extension _ Request Date 1.000 150,000.0000 EA 150,000.00 07/27/2012 1.000 25,347.0000 EA 25,347.00 07/27/2012 Total Order 175,347.00 This purchase order encumbers funds in the amount of $175,347 awarded to Abacus Computers Inc. of Midland, Texas on ,tune 21, 2012. The following is incorporated into and made part of this purchase order by reference: Price quotation dated May 8, 2012 from Abacus Computer Inc. of Midland, TX and State of Texas Department of Information Resources (DIR) Contract DIR-SDD-1364. Resolution # 2012-RO254 . CITY OF LUB C Glen be , Mayor ATTEST: 0-0 Reb ca Garza, City Secret ry TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 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 shatl 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 Gte goods under reservation and no under 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 Lice, If a tender is made which does not fully conform. this shalt constitute a breach and Seller shall not have the right to substitute a conforming trader, provided, where the time for performance has not yet expired, the Sella 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 Sella shall submit separate invoices. in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the pumbase 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. GRATUTTIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is detrained by Buyer that gratuities, in the form of entertainment, gift or otherwise, were offc=d or given by the Seiler. or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a connect 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 cast incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face bermf 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 toting equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seiler as such. 8. WARRANTY -PRICE. a. The price to be paid by time Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Selher's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of lilre conditions and methods of purchase. in the event Seiler breaches this warranty, the prices of the items shall be reduced to the Seller's current prices an 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 thin contract upon an agreement or understanding for commission. percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established comtn atial 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 (tom the contract Pict, or otherwise recover the full amount of such commission. percentage. brokerage at contingent fox. 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 Gee goods furnished will conform to the specificatiait, drawings, and descriptions listed in the bid invitatirm, and to the sample(s) furnished by the Seiler. If any. In Gee event of a conflict or between the specifications, deawings, and descriptions, the specificatietos shall govern. Notwithstanding any provisions contained in be contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (mciudin& but not limited to cakulatin& comparing and sequencing) of all hardware. software and firmware products delivered and services provided under this Conn•act, individually or in combination, as the case may be from the effective dale of this Contract AhA the Seiler wartime; the yeat2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Seller. at any time, to demonstrate de procedures it micnds to fellow in order to c mply with all the obligations contained herein. 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 obligatons contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract incluedin& 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 ate not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seler'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 Bayer shall conform to the standards promulgated by ter. U. S. Department of Labor under the Occupational Safety and Health Act of 1970, In die event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at rdte Setters expense. In tht 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 wbether 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 dnfdogtmeat 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 Seiler is sued on the grounds of infringement of the like. If Seiler is of the opinion that an infringement or the lily 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 oftbe goods in accordance with the specificatimns will result in infringement or the hire, the contract shall be mull and void. 12 RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting dren. 13. CANCELLATION. Buyer shag have the right to cancel for default all or any pan of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seiler becomes Insolvent or commits acts of bankruptcy. Such right of cancellation is ut addition to and not in lieu of any other remedies which Buyer may have in law of equity. 14. TERMINATION. The performance of work under dais airier may be, terminated in whole, or in part by the Buyer in accordance with this ptavisioa. 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 see forth in Clause 13. herein. 15. FORCE MAJEURE. Neither patty shall be held responsible for loss, resulting if the fulfillment of any terms of provisions of this context is delayed or prevented by any cause not within the control of the party whose performance is interfered witk and which by the exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT-DEfE;GATfON. 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 nude in conformity with this paragraph. 17. WAIVER. No claim or right arising our of a breach of this contract can be discharged in whole or in pout 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. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plots any specifications for bids and performance provided by Buyer in its adverdsemert for bids, and any other documents provided by Seller as part of his bid, is intended by the patties as a foal 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 eomtroL 19, APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever 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 face on the date of this agreement 20. RIGHT TO ASSURANCE. Whenever arts party to this contract im 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 comttact 21. isIDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deans, 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 subSeler or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charge 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 its own expensm satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract. or otherwise provided by Seiler, shall in no way limit the responsibility to indemnify. tarp and save harmless and defend the Buyer as kterein provided. 22 TIME. It is hereby expressly agreed and understood that bate is of the essence for the performance of this contract, and failure by contract to mea the time specifications of this agreement will cause Seller to be in default of this agreement 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request mmionrity and women business enterprises will be afforded equal opportunities to submit bids in response to this iuvitatiai and will not be discriminated against on the grounds of lace, color, sex or natural origin in consideration for an award 24, ARBITRATION. The City reserves the right to exercise, any right or remedy to it by law, contract. equity. OF otherwise, including without limitation. the right to seek any and all farms of relief in a court of co mpelent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek jod trial 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 piovisiou shall control. Rev. 02/2012 Resolution No. ZU12—RU254 ow �i COMPUTERS INC. Hub Certified DIR Vendor May 8, 2012 Mark Yearwood CIO City of Lubbock 1625 13" St. Lubbock, TX 79457 Thank you for giving us the opportunity to discuss your microcomputer needs. We are pleased to submit this quotation. This pricing is from the DIR-SDD-1364 contact. Quantity Part Number Description Price/Unit Total 1 AF002A HP Universal Rack 10642 G2 1 AP893A HP P6500 EVA Dual Cntlr FC 10 AJ840A HP 2.5" SAS Drive Enclosure 240 AW611A HP 60OGB 6G SAS 10K 2.5" HDD 8 AJ836A HP 5m Multi -mode LC/LC cable 1 AF054A HP 10642 G2 Sidepanel kit 1 AF503A HP Dual input 3 phase 24A Monitored PDU 1 AF400A HP PDU Management Module 1 T549HAE HP P6000 CV V 10 E-Software Ste I TA811 AAE HP Command View SW E-LTU I HA110A3 HP 3y Support Plus 24 SVC 1 HA124AI HP Startup Command View EVA SVC 1 HG231AI HP 2 EVA Firmware upgmde SVC Total 517U I will be pleased to provide any additional information you may require and look forward to being of service. Thanks. Patrick Weather -red, BS(EET) Sales Consultant Abacus Computers Inc 6 Desta Drive Suite 1350 Midland, TX 79705