HomeMy WebLinkAboutResolution - 2007-R0424 - PO - Hewlett Packard Company - Laptop Computers - 09_13_2007Resolution No. 2007-R0424
September 13, 2007
Item No. 5.28
.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 a Purchase Order Contract and any associated documents with Hewlett Packard
Company of Atlanta, Georgia, for purchase of laptop computers, which Purchase Order
Contract and any associated documents are attached hereto as Exhibit A and made a part
hereof for all intents and purposes.
Passed by the City Council this 13th day of September '2007.
DAVID A. MILLER, MAYOR
ATTEST:
Reb ca Garza, City Secretary
APPROVED AS TO CONTENT:
Im '-� �—'y
Mart Yearwijd
Assi Cant City Manager/Chief Information Officer
APPROVED AS TO FORM:
VandiJ"er, Attorney of
DDres/Hew1ettPackardP0con07 Res
September 6, 2007
CITY OF LUBBOCK
U R C H A S E ORDER
TO:
HEWLETT PACKARD COMPANY
PO BOX 105005
ANALYTICAL 0 P/MAIL STOP B1
ATLANTA GA 30348
SHIP TO:
Exhibit A
Page - 1
Date - 9/06/07
Order No. - 317313 000 OP
Brn/Plt - 3410
CITY OF LUBBOCK
MUNICIPAL SQUARE BUILDING
C/O JASON GOELZER, ROOM 104
916 TEXAS AVENUE
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
C
P.O. BOX 2000
LUBBOCK, TX 79457
BY• ��
JV I `"�
---------------------------------------------------------t----------
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Ordered - 09/06/07 Freight - FOB Destination Frt Prepaid
Requested - 09/06/07 Taken By - ROBIN MOLDER
Delivery - PER R. WOOD REQ# 29559 DIR CONTRACT#DIR-SDD-223
---------------------------------------.......................................
Description / Supplier Ite Ordered UM Unit Cost UM Extension
---------------------------- ---- ------
HP COMPAQ 6510E NOTEBOOK PC 100.000 EA 1,173.0000 EA 117,300.00
PT#RJ560AV
1.8GHZ DUO PROCESSOR,14.1 INCH WXGA ANTI-GLARE,1024MB DDR2
80GB HD,DVD/RW DL DRIVE,MOBILE INTEL MEDIA ACCELERATOR,
TOUCHPAD SCROLL ZONE AND FINGER PRINTER READER,INTEL NET CON
INTEGRATED BLUETOOTH TECHNOLOGY, 56K MODEM,HP SMART ADAPTER,
3 YEAR STANDARD PART AND LABOR ONSITE WARRANTY, TOP LOAD
NYLON CASE.
Req. Dt
10/15/07
9X5 NEXT DAY BUSINESS 100.000 EA 199.0000 EA 19,900.00 10/15/07
ONSITE
90 W SMART AUTO/TRUCK ADPT 100.000 EA 65.0000 EA 6,500.00 10/15/07
This purchase order encumbers funds in the amount of $143,700, awarded to Hewlett Packard Company of
Atlanta, GA on September 13, 2007. The following is incorporated into and made part of this purchase order by
reference: Price Quotation dated August 10, 2007 from Hewlett Packard Company of Atlanta, GA and Texas DIR-
SDD-223 (TXDIR). Resolution# 2007—RO424
CITY OF LUBBOC
David A. Mille , Mayor
ATTEST:
liz---
Rebbcca Garza, City Secretary
Total Order
---------•-------•-------------------------------------------------------------------
Terms NET 30 143,700.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seiler and Btfyer agree as follows:
1, SELLER TO PACKAGE GOODS. Seiler will package goods in accordance with goad
coraiercial practice. Each shipping container shall he clearly and permanently marlicd as
follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or
purchase release number and the supply agreerrtrnt number if applicable, (c) Container number
and told number of containers, e.g. boa I of 4 boxem, and (d) the number of the container
hearing the pecking slip. Seller shall barn cost of psckeging unless otbvMse provided Goods
shall ire suitably packed to secure lowest transportation costs and to confama with requiearm
of common car don aid any applicable speoficatiars, Buyer's cavort or weight stall be final
AM conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seiler is not authorized to ship the
goads caviler reservation and no tender of a bill of lading will operate as a tender of goods,
3. TITLE AND RISK OF LOSS. The tideand sink of loaaof the goods shill not pan to Buyer
until Buyer actually receives and taken possession of the goods at the point or points of
delivery.
4 NOREPLACEMENT OFDEFECTIVE TENDER. Every trader ofdeliveryofgoodsMod
Pally comply with alt provisions of this contract as to time of delivery, quality and the like, If a
tender is made which does nut fully conforms. this shall constitute a breach and Seller shell not
have the right to substitute a conforming tender, provided, where the time for performance has
not yea expired, the Seller my reasonably notify, Buyer of his intention to cum aid may tiara
make a tanfarming tender within rise contract time but not allerward.
5. INVOICES a PAYMENTS,
a Sally shall submit separate invoices, in duplkatc, one each pu chase order or phschsae
refeme afterosch delivery. invoice shill indicm the ptnfiae m*r r pmchme ralme
number and the supply agreement number if applicable, invuicxs shell be itemized and
transportation charger, if any, aha0 be listed separately. A copy of the bill of lading, and the
freight waybill when applicable, should be attached to the invoice. Mail To: Aeeouats
Pay". City of Lubbock. P.O. Box 20M Lubbock. Texas 79457. Psyment shall nor be hie
until rise above instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, co cel this contract without
liability to Seller if it is determined by Buyer thangzatusid es, in the form of aroertsirmfant gifts
or otherwise. were offered or given by the Selma, or any agent or representative of the Seller, to
any officer or employee of the City of Lubbock with a view to securing it contract or securing
favorable teetrrie t with respect to On awardleq or amending, or the making of arty
daternisuliom with respect to the performing of such a cctnrect In the event this contract is
cac" by Buyer punumust to this provision, Buyer shall be entitled in addition to any other
rights and rnxdies, to recover or withhold the arrpatt of the we incsared by Seller in
providing such g[andAaa
7. SPECIAL TOOLS A TEST EQUIPMENT. If the price anoint onto face hereof inclusda the
coat of any spacial tooling or special tea equipment firbricetri or required by Seller fix the
purpose of filling this order, such special tooling eyulpment and any process theses related
thereto shill become the property of the Buyer and to to extent fessible shall be identified by
the Seller ma such.
8. WARRANTY -PRICE.
a The price to be pad by the Buyer dull be that contained in Seller's bid which Seller
wwFain eo be no highs tin SeBgr's caved poems onerdm by then fer productsof tho
kind end spe if -istion covered by this agreement frsimihr quantities under similar of like
conditions and methods of purchu. In tie event Seller breeches this warm", the prices of
the items shall he reduced to the Seller's corset prices on orders by others, r in the
altersessive. Buyermmy cancel this contract without liability to Seller rot breach or Seller's
actual expense.
I, The Seller warrants shot tee person or selling agency has been empicyed 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 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 m canal this contract without liability and to deduct from de connect price, or
otherwise mover without liability and to debut Prom the contract price, or otherwise recover
the full aenoiat of such commission, percentage, brokerage or contingent fee,
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties eel any
moan" to do so shell order this contrKt voidable at the option of the Buyer. Seiler warms
that the goods furnished will conform to the specification, drawings, and descriptions listed in
the bid imitation, and to the samples) famished by the Seller. if any. In the event of a conflict
or between the specifications, drawings, said descriptions, the specifications shall govem.
Nutwithstsnding any provisions contained to the contractual aagreeemem, the Seiler represents
and warrants fault -fun performance and fault -foe resui in the processing date and date related
data (including, but not limited to calculating, compering and sequencing) craft hardwares,
software and firmwom products delivered and services provided raider this Contract,
individually at in combination, as the cue may be Gan the effective date of this Contract.
Also, the Seger warrants the yer1000 calculations will be recognized amd accommodated and:
will not, in any way, rcmdt in hardware. software or firmwae failure. The City of Lubbock. at
its sale option, may require de Seller, at any time, to demonstrate the procedures it intends to
follow in order to comply with all the obligations contained herein. The obligetions contained
herein apply to products and services provided by the Seiler, its sub -Sella or sty third party
involved in the creation or development of this products and services to be delivered to rise City
of Lubbock under this Contract Fnihn 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 Connect including, but not limited to, its right pertaining to termination or default.
The warremiee contained heroin are stpowe and thscree from any other warranties specified
in this Connect and am not subject to any dkselairrser of warranty, implied or expressed, or
limitation of the Woes liability which may be specified in this Connuc, is appendices, its
schedules. its annexes or any document incorporated in this Contract by reference.
10. SAFETY WARRANTY. Sella warrants that do product sold to the Buyer shall conform to
the standards prmntllpKd by rise U.S. Department of Labor under the Occupational Safety and
Health Act of t970. In the event the product don not conform to OSHA standerdi, Buyer may
return die product for corratiat or replacement at the Sef at's expense. In the event Seller
fails to make the appropriate correction within a reasonable time, correction undo by Buyer
will be at the Sefier's expe rose,
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pMof this concoct for
sale Seller agrees to uoatain whedta goods masnfaedasd in accordance with the
specification attached to this agreement will give rise to the rightlW denim of any third peram
byway of inhingsmisew of the like. Buyer maltea no wane ay that die pralocdon of goods
according to the specification will not give rise to such a claim, and in no event shall Buyer be
liable to Sailer for iihaemnifitatirrh in the event that Seller is sued on the gmasds 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 hannlea. If Seller in goad faith ascertainstea
prodnaion of the goods in accordance with the specifications will result in infringement or the
like, the contract shall be null aid void.
12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at deliverybefam
accepting than.
13. CANCELLATION. Buyer"[ have the right to caravel frdehtdtall ornery pert ofthe
undefivead portion of this order if Seller breaches any of the team hatef including warranties
of sederor if the Sear lecorries insolvent or commits soh of bwitruptcy. Such right of
cancellation is in addition to and not in lion of any ad r remedies which Buyer may have in
law or equity.
14. TERMINATION. The perfrmarce of work order this order may be terminated in whole. or in
part by the Buyer in accordance with this provision. Termination of work hereunder shall be
affected by des delivery of ire Seller of a "Notice of Teminaton" specifying the extent to
which performance of work under der order is terminated: and the date upon which such
temdsation becomos effective. Such rightormrminsfion Is in addition to mid not in lieu of the
rights of Buyer set forth in Clam 13. basin.
15. FORCE MAIEURE. Neither party shtdl be held responsible for losses, resulting if the
fialfillahent of any tams of provisions of the contract is delayed or prevented by any cause not
within the mrmnd of der prey whose pularo atce is interfered with, and which by the exercise
of reasonable diligence said party is unable to peanut
16. ASSIGNMENT -DELEGATION. No right orintesnt intlds cortmctsW Ise assigned or
delegation of airy obtigatlon made by Seiler withrad the written permission of dw Buyer. Amy
attempted mignmmt or delegations by Seder doll be wholly void and totally ineffective for all
purpose unksa made In confrmlty with this paragraph.
17. WAIVER. No claim or tight miming out ore breeds of this contract can be discharged in whole
or in pan bye waiver or raauclavon of the dsi s or right indent the waiver or nernciation Is
supported by crosideradon and Is in writing signed by the aggrieved party'
18. INTERPRETATION -PAROLE EVIDENCE. 116 writing, plum any specifications far bids and
performance provided by Buyer in its advotiaermtt fr bids, and any other documents
provided by Seiler a part of his hid, is intended by die parties as a gnat expression of their
agreement and intended also a a conglete and exclusive statement of the terms of their
agreement Whenever a lean defined by the Uniform Commercial Cade is ttsed in this
agreement, the definition coruahued in to Cade is to control,
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.
Where ever rise tam "Uniform Commercial Code" is used, it aril be constraw as memhng the
Uniform Conrrnew-id Code as adopted in the Star of Texas as elkrxive maid in fares on the
data of this agrernsent.
20- RIGHT TO ASSURANCE. Whenever one party to this o ritract in good faith has mamas to
cphNimn Hie other piety's inter to perform he may demand that the other party give written
assurane of his inter n perform, let dm event that a demand is nude and no snurance is
gi von within fire (5) days the dernandirhg party tnay treat this failure as an anticipatory
rcpudlstion of the contract
21. INDEMNIFICATION. Seller shall isdmmify, keep and save harmless the Buyer, its agents.
officials and employees, agstnst all injuries. deaths, loss, damages, claims, peat claim suits,
Rebilities, jhdlgtnpts, costs and expenses, which may in a ywin mccnuc against die Buyer in
coheegiseruce of the granting of this Contract or which+ may anywise rnxnll dstef era, wheeler
or not it shall be alleged r determined that the act was caused through negligence or omission
of ie Sdkr or its ariployer, or of the suhSellr or assignee or its employees, if any, and dw
Seller shall, at his own expense, appeardefend and pay all charges of amomeys and ell costs
and other expenses arising therefrom of inctrned in commection therewith, and. if any judgment
shall be tendered against the Buyer in any such action, the Seger shall, at its own expenses,
satisfy and discharge the sane Seller expressly weds strides and agras that shy bond raprirad
by this coommul. or otherwise provided by Seiler, shall in no way firnit the raspatsibifity to
mdeirmify, keep and save harmless and defend the Buyer as herein provided.
22. TIME. It is hereby expressly agreed and understood dust firm Is of de esxme for the
perlbnnarim of this contract. and failuet by contract to meet ma time specifications of this
agreement will cause Sdkr to be in default of this apmenent.
23. MBE. The City of Lubbock haft natifin ergs bidden that in regard to may contract entered
into putwaut to thin request. minority and women business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will rat be dim iminated against
on the grounds of race, color, sex or natural origin in consideration fr an award
Rev. 08l2005