HomeMy WebLinkAboutResolution - 2007-R0070 - Contract - Hewlett-Packard Computer Equipment Corporation - 02_22_2007Resolution No. 2007-R0070
February 22, 2007
Item No. 5.10
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock
and Hewlett-Packard Computer Equipment Corporation of Atlanta, Georgia, for hardware
and software, which Contract and any associated documents, are attached hereto and
made a part of this Resolution for all intents and purposes.
Passed by the City Council this 22ad day of February , 2007.
DAVID A. MILLER, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
7Y
Ma k Year400d
Assistant City Manager/Chief Information Officer
APPROVED ASTO FORM:
Don Vandiver, Attorney of Counsel
Mres/Hewlett-Packard07Con Res
February 14,2007
Y CITY OF LUBBOCK
`' ►�/ " U R C H A S E ORDER
TO:
EWLETT PACKARD COMPANY
0 BOX 105005
NALYTICAL 0 P/MAIL STOP B1
TLANTA GA 30348
Page - 1
Date - 2120107
Order No. 307463 000 OP
Brn/Plt 3511
SHIP TO:
CITY OF LUBBOCK
MUNICIPAL SQUARE BUILDING
C/O JUANITA FLORES, ROOM 104
916 TEXAS AVENUE
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE �r
P.O. BOX 2000
LUBBOCK TX. 79457 BY:
-----------------------------------------------------------1r--------------
Or ered - 02/20/07 Freight - FOB Destination Frt Prepaid
Re uested 03/20/07 Taken By - RANDY WOOD
Delivery - PER JFLORES REQ#28775 DIR CONTRACT#DIR-SDD-223
De cription / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt
-------------------------------------- .. ........... --------------------- -
SO TWARE TOTAL 1.000 EA 12,744.4800 EA 12,744.48 03/20/0
SU PORT TOTAL 1.000 EA 17,162.2200 EA 17,162.22 03/20/0
HEWLETT PACKARD HARDWARE, SOFTWARE AND SERVICES.
HP UNIVERSAL RACK 10642 G2 SHOCK RACK AND ACCESSORIES
QUOTE#BRD-00324-00
TOTAL 1.000 EA 200,915.3000 EA 200,915.30 03/20/0
s purchase order encumbers funds in the amount of $230,822.00, for the purchase of hardware and software awarded to Hewlett Packard, of
anta, GA, on February 22, 2007. The following are incorporated into and made part of this purchase order by reference quote submitted by to
xlett Packard, of Atlanta, GA.
volution No. 2007—R0070
OFLUB BOCK� ATTEST:
AW
A. Miller, Oayor Re ecca Garza, City Secretary
OVED AS TO FORM: i1
A orne Total Order
-------------------------------------------------------------------------------------
Te ms NET 30 230,822.00
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 permarhendy marked set
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 low number of cor ainem. e.g. box 1 of 4 boxes, and (d) the ntanber of the container
hearing the packing slip. Seller shall bear coat of packsghtg unless otherwise pruvioed Goads
-shall be suitably packed to secure lowest transportation costs and to conform with requirements
of common carriers and any applicable specifications. Buyer's carat or weigh AWl be final
and conclusive on shipments not accompanied by packing lists.
2. SHIPMENT L'NDER RESERVATION PROHIBITED. Sella is riot authorized to ship the
goods under reservation and no tender of a bill of lading will operate ass tender of goods,
3. TITLE AND RISK OF LOSS. The rattle and risk of loss of the goads shall not pus to Buyer
until Buyer actually receives and takes possession of the gads 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 it breach and Seller shall not
have the right to wbsuruue a conforming tender, provided, where the tine: for performance has
not yet expired, the Seller may reasonably notify Buyer of his intention to clue and may then
make a conforming tender within the contract dine but nor afterward.
5. INVOICES & PAYMENTS.
a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase
release atla 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, dany, 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 instntrtents are submitted afterdelivery.
fi. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without
liability to Seller if it is determined by Buyer diet gratuities, in the form of enertaimnent, gifts
or otherwise, were offered or given by the Seller, or any agent or representative of the Seiler, 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 remedius, to recover or withhold the amount of the cost incurred by Seller in
providing stuch gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof in ch dell die
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 bmanse the property of the Buyrr and to the extent feasible shall be idenrified by
the Seller as such.
9, 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 Sellerbreaches 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 bons fide employees of bona fide established
commercial or selling agencies maintained by rice 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. Sella warrants
that the goods furnished will conform to the specification, drawings, and descriptions listed in
the bid invitation, and to the samples) furnished by the Seller, if any. to 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 dote and dale related
data (including, but not limited to calculating, comparing and sequencing) of all hardware,
software and firmware products delivered arid services provided under this Contract,
individually or in combination, as the case may be from the effective date of thus Contract.
Also, the Seller warrants the yea2000 calculations will be recognized and accommodated old
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 dertonstrate the procedures it intends to
follow in order to comply with all the obhigati.ons contained herein The obligations contained
herein apply to products and services provided by the Seller, its sub -Seller or any turd 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 my 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 def suit,
The warranties contained herein are separate and discrete from any other warranties specified
in this Contract, and arc 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.
to. 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 OSHA standards, Buyer may
return the product for correction or replacement as the Seller's expense. In the even Seller
fails to stake the appropriate correction within a reasonable time, correction trade by Buyer
will be at the Seller's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for
We Seller agrees to ascertain whether goods manufactured in accordance with the
specifications anaded 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 he
liable to Sella for indemnification in the event that Seller is stied 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 either the signing of this
agreement. If Buyer does not receive notice and is subsequently held liable for the
infringemenl 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
Ile, to contract shall be null and void
12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery befale
accepting them.
13. CANCELLATION. Buyer shall have the right to cancel for default all -any part of the
undelivered portion of this order if Selter breaches any of the terms hereof including warranties
of Seiler or if the Seller becomes insolvent or commits sets of bankruptcy. Such right of
cancellation is in addition to and not in lieu "my other remedies which Buyer may have in
law or equity.
14. TERMINATION. The performance of work under this order may be 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 ofTermination" specifying Ute 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 13, herein.
15. 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.
16, 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 acsignmunt or delegation by Seller shall be wholly void and totally ineffective for all
purpose unless matte in conformity, with this paragraph.
17. 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 live aggrieved panty,
18, INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and
perfzurrance provided by Buyer in its advartis.^mait for bids, and any other docutrents.
Provided by Sella 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
agmrtxnt, Whenever a term defined by the Uniform Commercial Code is used in this
agreement, the definition contained in the Code is to control.
19. APPLICABLE LAW. This agreement shall he governed by the Unif ran Commercial Code.
Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning flu
Uniform Commercial Code m adopted in the State of Texas as effective and in force on the
date of this agreement.
20. 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 perfam. 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.
21. fNDEMNIFICATION. Seiler 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 ray anywise result therefrom, whetter
or not it shall be alleged at 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,. sit his own expense, appear, defend and pay all charges of attorneys and all costs
and other expenses arising terefrom 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 bad required
by this contract, or otherwise provided by Seiler, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Buyer as herein provided
22. TIME. It is hereby expressly agreed and understood that time is of the essence for the
performance of this contract, and failure by connect to meet the time specifications of this
agreement will cause Seller to be in default of thus sgrecn crit.
23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered
into pursuant to this request, minority and womien business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will riot be discriminated against
on the grounds of race, color, sex or natural origin in consideration for an award
Rev. 08/2005