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HomeMy WebLinkAboutResolution - 2007-R0425 - Agreement - Microsoft Corporation - Licenses And Software Assurance - 09_13_2007Resolution No. 2007—RO425 September 13, 2007 Item No. 5.29 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Enterprise Agreement with Microsoft Corporation of Reno, Nevada to provide licenses and software assurance for Microsoft products. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of September , 2007. DAVID A. MILLER, MAYOR ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Mar Yearwo Assisiant City manager/Community Services APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section Uxityatt/Microsofl Corp Res.07 Sept b, 2007 Resolution No. 2007-RO425 Microsoft, I Volume Licensing Enterprise Custom Enrollment (indirect) State and Local Microsoft Business Agreement number (if applicable) Reseller or Microsoft affiliate to complete Enterprise Custom Agreement number Reseller or Microsoft affiliate to complete Enrollment number Microsoft affiliate to complete U1063t94 01 E61288 Framework ID Reseller purchase order number Reseller to complete Previous Qualifying Enrollment number Reseller to complete Previous Qualifying Enrollment end dale Reseller to complete N36 COL07-ENTF 7605454 9/30/2007 This Microsoft Enterprise Enrollment is entered into between the following entities signing, as of the effective date identified below. Definitions. When used in this enrollment, "you" refers to the entity that signs this enrollment with us, and "we" or "us" refers to the Microsoft entity that signs this enrollment. "Qualifying Enrollment," means (i) an enterprise enrollment under a separate Microsoft Select Master Agreement or Microsoft Enterprise Agreement; (ii) any enterprise subscription enrollment entered into under a separate Microsoft Enterprise Subscription Agreement; or (iii) any other enrollment submitted under the Microsoft Enterprise Agreement identified on the cover page. All other definitions in the Microsoft Enterprise Agreement identified above apply here. Effective date. If you are renewing Software Assurance from one or more previous "Qualifying Enrollments" then the effective date will be the day after the first Enrollment expires. Otherwise the effective date will be the date this enrollment is signed by us. Where a previous Qualifying Enrollment is being used, your reseller will require that enrollment number and end date to complete the applicable boxes above. Term. This enrollment will expire 36 full calendar months from the effective date. It could be terminated earlier or renewed as provided in the Microsoft Enterprise Agreement. We will advise you of your renewal options before it expires. Representations and warranties. By signing this enrollment, the parties agree to be bound by the terms of this enrollment, and you represent and warrant that: (i) you have read and understand the Microsoft Business Agreement identified above (if any) and the Microsoft Enterprise Agreement, including all documents it incorporates by reference and any amendments to those documents, and agree to be bound by those terms; and (ii) you are either the entity that signed the Microsoft Enterprise Agreement or its affiliate. Non -exclusivity. This enrollment is non-exclusive. Nothing contained in it requires you to license, use or promote Microsoft software or services exclusively. You may, if you choose, enter into agreements with other parties to license, use or promote non -Microsoft software or services. Sf_G Microsoft Enterprise 6.4 Enrollment Cover page Page 1 of 13 (Indirect)(North America) June 2006 N36 This enrollment consists of (1) this cover page, (2) the Contact Information Page(s), (3) the Enterprise order information, (4) the Reseller Information Form, (5) the Media Order Form, and (6) the Core User CAL Terms and Conditions (if applicable). Contracting Microsoft Affiliate Name of entity City of Lubbock Microsoft Licensing, GP Si nature 60 .ram Sign r Printed name'* Printed na David Miller Joylene Hill Printed title " Printed titleAdministrator Mayor Signature date ` Signature date September 13, 2007 (date Microsoft affiliate countetsigns) SEP 12 2007 Effective date ` indicates required fields (may be different than our signature date) THIS ENROLLMENT NOT VALID UNLESS SIGNED BELOW BY TEXAS DEPT. OF INFORMATION RESOURCES Required Approval by Texas Department of Information Resources: By: (Signature) Name: h6Lr) J 6 �►� t,l i� ►r- Title: CQY}h(b.o- K111Y70-0-�` v (Printed) Date: 10— 3-2D01 (Printed) SLG Microsoft Enterprise 6.4 Enrollment Cover page Page 2 of 13 (Indirect)(North America) June 2006 N36 MSLI, GP 6100 Neil Road, Suite 210 Reno, Nevada USA 89511-1137 Dept. 551, Volume Licensing Attachments: Microsoft Law and Corporate Affairs One Microsoft Way Redmond, WA 98052 USA Volume Licensing Group (425) 936-7329 fax Media Order Form freauired} Core User CAL Terms and Conditions, if applicable II MS Capital Form, if applicable Customer. Please remit to your reseller. Reseller. Please remit to Microsoft. ATTEST: - CQ'0-'� Rebec a Garza City Secretary APPROVED AS TO CONTENT: Marf Yeaurwo Assi tant City Manager / Chief Information Officer APPROVED AS TO FORM: Linda Chamales Assistant City Attorney SLG Microsoft EA Enrollment (indirect) v6.3 Cover Page Page 3 of 13 (North America) August 1, 2005 1. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) change. The " indicates required fields. By providing contact information, you consent to its use for purposes of administering this enrollment by us, our affiliates, and other parties that help us administer this enrollment. Primary contact information: The customer signing on the cover page must identify an individual from inside its organization to serve as the primary contact. This contact is the default online administrator for this enrollment and receives all notices unless you provide us written notice of a change. The online administrator may appoint others as administrators and grant others access to online information. Name of entity Contact name " City of Lubbock Last Goelzer First Jason Street address " Contact email address (required for online access) 916 Texas Ave jgoelzer@ci.iubbock.tx.us city ' State[Province ' Phone Lubbock TX 806-775-2361 Country' Postal code + Fax USA 79401 806-775-3033 Notices and online access contact information: Complete this only if you want to designate a notices and online access contact different than the primary contact. This contact will become the default online administrator for this enrollment and receive all notices. This contact may appoint other administrators and grant others access to online information. ® Same as primary contact Name of entity Contact name Last First _ Street address Contact email address (required for online access) City State/Province Phone Country Postal code Fax SLG Microsoft Enterprise 6.4 Enrollment Contact information Page 4 of 13 (Indirect)(North America) June 2006 N36 Language preference: This section designates the language in which you prefer to receive notices. EttgtlSh Additional electronic contractual notices contact information: This contact will receive electronic contractual notices in addition to the notices contact. This contact is not required if you do not want an additional set of notices issued. , , s Name of entity Contact name City of Lubbock Last Yearwood First Mark Street address Contact email address (required for electronic notices) 1625 13th St myearwood@ci.1ubbock.tK.us city State/Province Phone Lubbock TX 806-775-2355 Country Postal code Fax USA 79401 806-775-2051 Software Assurance benefits contact; This contact will receive communications concerning Software Assurance benefits, and any additional TechNet subscriptions that have been ordered separately from Software Assurance under this enrollment. This contact is optional. if this contact is not completed, any notices for Software Assurance benefits will default to the notices and online contact. cFontact Name of entity Contact name City of Lubbock Last Yearwood First Mark Street address Contact email address (required for electronic notices) 1625 13th St myearwood@ci.lubbock.tx.us City State/Province Phone Lubbock TX 806-775-2355 Country Postal code Fax USA 79401 806-775-2051 SLG Microsoft Enterprise 6.4 Enrollment Contact information Page 5 of 13 (Indirect)(North America) June 2006 N36 MSDN contact: This contact will receive communications concerning registration for MSDN products ordered under this enrollment. This contact is optional. If this contact is not completed, any notices for MSDN will default to the notices and online contact. Name of entity Contact name City of Lubbock Last Reed First Christopher Street address Contact email address (required for electronic notices) 916 Texas Ave creed@ci.lubbock.tx.us City State/Province Phone Lubbock TX 80fi-775-2365 Country Postal code Fax USA 79401 806-775-3033 Microsoft account manager: This section designates your Microsoft account manager contact. Microsoft account manager name Microsoft account manager email address @microsoft.com SLG Microsoft Enterprise 6.4 Enrollment Contact information Page 6 of 13 (indirect)(North America) June 2006 N36 Z Defining your enterprise. Use this section to identify which affiliates will be included in your enterprise. Your enterprise must consist of entire government agencies, departments or legal jurisdictions, not partial government agencies, departments, or legal jurisdictions. Each affiliate must be entirely "in" or entirely 'but." All affiliates acquired after the effective date of this enrollment that are not party to a Qualifying Enrollment of their own will automatically be included unless you fill in part b below. a. Use this part (a) to determine,whi' h currentaffiliates will be included in your enterprise. Check only one of the boxes in part (a). M1 Only you (and no other affiliates) will be participating MYou 1: ant the folltwing affiliates will We participating (attach a list of names on a separate piece of paW I more than 10 affiliates are being included): b. Use this pal (fa) to indicate whether affiliates with which] you consvlid to after the enrollment effective date will be included Unless you check the box below, al affiliates you consolidate with after the enrollment effective date that are not party to a, Qualifying �rrollment of their own will Jautor hatically be included - MExclude all affiliates consolidated with after the enrollment effective date that are not party to a Qualifying Enrollment of their own. - - - - SLG Microsoft Enterprise 6A Enrollment Enterprise order information page 7 of 13 (Indirect)(North America) June 2006 N36 3, Selecting your language option. Select the option for the languages in which you will run the products licensed under this enrollment. The options and their corresponding languages are identified here. "Listed L Arabic Bulgarian Chinese Simplified Chinese Traditional Croatian English' Hebrew Indic Japanese Korean Portuguese (Brazil) Romanian Russian Serbian Spanish Thai Turkish Ukrainian ges" I ''Restricted Lattigua jes Danish Dutch English' Finnish French German Greek Italian Norwegian Portuguese (Portugal) Spanish Swedish "Extond Czech Estonian Hungarian Latvian Lithuanian Polish Slovenian Slovak ngua&s" . ' English is a Listed Language if this enrollment is signed outside of the following countries and a Restricted Language if this enrollment is signed inside these countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, France, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, United Kingdom, Switzerland, Sweden, or Spain. English is a "Listed Language", except when restricted as described in the "Restricted Languages" list (see footnote 3) 2 Spanish is a Listed Language only if this enrollment is signed in Latin America and is otherwise Restricted Language. 3 French is a "Listed Language," if signed in Canada • Select All Languages to run your products in any of the Listed, Extended or Restricted Languages. This option also allows you to run Multi -Language packs for your products. Select Listed Languages to run your products in those languages. • Select Extended Languages to run your products in those languages. • If you select the Listed or Extended Languages option you may run up to 10% of the copies of each of your products in All Languages. Check ® one box Listed Languages ❑ All Languages ❑ Extended Languages SLG Microsoft Enterprise 6.4 Enrollment Enterprise order information Page 8 of 13 (Indirect)(North America) June 2006 N36 4. Language allocation. Provide us with your good faith estimate of the specific languages in which you will run all copies of all products and the approximate percentage of those copies you will run in each language. Information that you provide here does not limit your future use of products under this enrollment in any permitted language within the language group you select above. Attach a separate sheet if more space is needed. English 5 Applicable currency_ Payments made in connection with this enrollment must be in U.S. Dollars 100%% 6. Establishing your price level. The price level for enterprise products is determined by the terms and conditions of the enterprise agreement. Your price level for additional products will be level "D". Qualified desktops: You represent that the total number of qualified desktops in your enterprise is, or will be increased to, this number during the initial term of 1100 this enrollment (This number must be equal to at least 250 desktops). Qualified users: You represent that the total number of qualified users in your enterprise is, or will be increased to, this number during the initial term of this enrollment (This number must be equal to at least 250 users). SLG Microsoft Enterprise 6.4 Enrollment Enterprise order information Page 9 of 13 (Indirect)(North America) June 2006 N36 7. Enterprise product orders. Your reseller will provide you with your product pricing and order. Your prices and payment terms for all products ordered will be determined by agreement between you and your reseller. Your reseller will provide us with your order separately from this enrollment. We will invoice your reseller in three equal annual installments for the enterprise products covered by your initial order. The first installment will be invoiced to your reseller upon our acceptance of this enrollment; the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date. We will invoice your reseller for the enterprise products covered by any true up orders in total upon our acceptance of each true up order. Select the enterprise products to be covered by your initial order. If you select the Core CAL, you must select either desktop or user licenses. Enterprise ., Desktop utts Licenses User Licenses Windows Desktop Operating System Upgrade Office Professional Plus' Office Enterprise ❑ Office Standard' ❑ Core Client Access License', 2 ❑ ❑ ❑ ❑ Enterprise Client Access 2 License Suite'' Exchange Server Client Access ❑ License Standard Exchange Server Client Access 2 ❑ ❑ License Enterprise Office SharePoint Server Client 2 ❑ Access License Standard OfficeShare Point Server Client ❑ ❑ Access License Enterprise Windows Server Client Access 2 ® ❑ License Systems Management Server Configuration Management License Systems Center Operations Manager Client Operations ❑ Management License SLG Microsoft Enterprise 6.4 Enrollment Enterprise order information Page 10 of 13 (Indirect)(North America) June 2006 N36 Windows Terminal Services z El Client Access License Office Communication Server Client Access License ❑ ❑ Standard Y Office Communication Server Client Access License ❑ ❑ Enterprise 2 SQL Server Client Access s ❑ ❑ License Microsoft Rights Management ❑ ❑ Services Microsoft Forefront Security ❑ ❑ Suite The components of the current versions of Office Professional, Office Standard and the current versions of the components that make up the Core CAL, are identified in the Product List. 2 If you select a User CAL and the agreement identified on the cover page is version 6.1 or earlier, the User CAL Terms and Conditions apply. SLG Microsoft Enterprise 6.4 Enrollment Enterprise order information Page 11 of 13 (Indifect)(North America) June 2006 N36 8. Additional Products We will invoice your reseller for each additional product covered by your initial order in three equal annual installments. The first installment will be invoiced to your reseller upon our acceptance of this enrollment; the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date. We will invoice your reseller for any new additional product not initially included in your enrollment in total upon our acceptance of your order. We will invoice your reseller for additional products initially included in your enrollment and covered by any true up order submitted during the initial term in total upon our acceptance of your true up order. 9. Qualifying systems licenses. All desktop operating system licenses provided under this program are upgrade Licenses. No full operating system licenses are available under this program. Therefore, if you select the Windows Desktop Operating System Upgrade & Software Assurance, all qualified desktops on which you will run the Windows Desktop Operating System Upgrade must be licensed to run one of the qualifying operating systems identified in the Product List at http://www.microsoft.com/licensing. Note that the list of operating systems that qualify for the Windows Desktop Operating System Upgrade varies with the circumstances of your order. That list is more extensive at the time of your initial order than it is for some subsequent true ups and system refreshes during the term of your enrollment. 10. Renewal orders. For any 36-month renewal, your renewal order will be invoiced to your reseller in three annual installments. The first installment will be invoiced upon our acceptance of the renewal order; the remaining installments will be invoiced at the next two anniversaries of the effective date of that renewal term. For any 12-month renewal and for any true up orders, we will invoice your reseller in total upon our acceptance of your order. 5LG Microsoft Enterprise 6.4 Enroliment Enterprise order information Page 12 of 13 (Indirect)(North America) June 2006 N36 Genera/ information Reseller company name: SHI Street address: (PO boxes will not be accepted) 2 Riverview Drive City and State ! Province and postal code Somerset, NJ 08873 Country: USA Contact name: Caroline Walker Phone number: 888-764-8888 Fax number: 888-764-8889 Email address: msteam shi.com The undersigned confirms that the reseller information is correct. Name of reseller SHI Signature Printed name Caroline Walker Printed title Licensing Specialist Date SLG Microsoft Enterprise 6.4 Enrollment Reseller information form Page 13 of 1: (Indirect)(North America) June 2006 N36 SLO Enterprise and Enterprise Subscription Media Order Form Media shipping information form - starter CD kit Agreement number (Reselleror 01 E61288 Microsoft affiliate to Enrollment number5�/ (Microsoft affiliate to f© complete) Customer contact Name: S" A S014 �OELtJK Res eller Company name: contact Contact name: Contact email: mstta wt oRS lAi. co►M Contact phone: -7164 - $� THIS FORM MUST BE ATTACHED TO AN ENROLLMENT. At your option, starter CD kits and CD-ROM subscriptions relating to your enrollment that you choose to receive will be shipped to the address below. Terms used but not defined in this form have the meanings given to them in your enrollment identified in this form. The starter CD kit ship to information identifies the delivery location. If you do not elect physical media, and intend to download copies of software instead, please provide the download delivery location as the starter CD kit ship to information. Starter C"it Ship� tO inforMation indicates required information) ® Same as notices contact in the enrollment Customer name * Contact name City of Lubbock Jason Goelzer Street address * (no PO boxes accepted) Contact email address 916 Texas Ave jgoelzer@ci.lubbock.tx.us City and State 1 Province * Contact phone number' Lubbock, TX 806-775-2361 Country and postal code * Contact fax number 79401 USA 806-775-3033 If you choose below to receive media, then upon our acceptance of your enrollment, we will send you your starter CD kit in the language(s) you select. This starter CD kit will be provided at no additional charge, in order to permit you to exercise the license rights granted under your enrollment and related Enterprise Agreement. You may also subscribe to updates in the form of CDs, or upon reasonable notice, electronic download or similar other means. If you need additional starter CD kits and updates, you may order these through your reseller for a fee. For a complete list of the contents of any kit, visit the web site at http://selectug.mslicense.com/. ® Yes, I want to receive a starter CD kit (media) ® Yes, I want to subscribe to receive CD kit updates No, I do not want to receive a starter CD kit No, I do not want to subscribe to receive CD El (media) kit updates SLG Microsoft Media Order Form v6.4 Page I of 2 (North America) (indirect) December 1, 2005 SLO Enterprise and Enterprise Subscription Media Order Form Media shipping information form — starter CD kit (continued) with an X Language Enterprise Kit Mapping Kit' —English En fish/Multi-Lan ua e`* ❑ Arabic ❑ Brazilian Portuguese ❑ ❑ —Bulgarian Chinese Simplified '** ❑ Chinese Traditional ❑ Chinese Traditional Hong Kong/Pan-Chinese Croatian ❑ Czech ❑ Danish ❑ Dutch ❑ Estonian ❑ Finnish ❑ French ❑ I ❑ German ❑ I ❑ Greek ❑ Hebrew ❑ ❑ —Hungarian Italian ❑ ❑ ❑ —Japanese Korean ❑ Latvian ❑ Lithuanian ❑ ❑ —Norwegian Polish ❑ —Portuguese ❑ Romanian ❑ Russian ❑ Serbian ❑ Slovak ❑ Slovenian ❑ ❑ ❑ —Spanish Swedish ❑ Thai ❑ Turkish ❑ Ukranian ❑ * Mapping Kit is not available for use in or shipment to India, Hong Kong SAR, Macau SAR, China, Morocco Pakistan, and Turkey. '* Before installing any of the Multilanguage Packs, the English version of the product must first be installed. If you order English/Muftilanguage, you must also order English. "** Chinese Simplified Windows XP Professional is not available in the Enterprise Chinese Simplified Kit and is only available in certain countries. Contact your reseller for availability in your region. = Not Available SLG Microsoft Media Order Form v6.4 Page 2 of 2 (North America) (indirect) December 1, 2005 i- -!_. SHI-Government Solutions ile State of Texas Gov't Sales Team 800-870-6079 4_�G Solutions www.texas.gs.shi.cor►>t Microsoft Enterprise Agreement - State of Texas Government Pricing Darron Gross - Account Executive 1250 Capital of Texas Hwy, I--350 Austin, Texas 78746 Phone 512-634-6100 Quote to: City of Lubbock Mark Yearwood Phone: Fax: pty Enterprise Products Per -Desktop Price Extended Annual Price MS Full Platform Enterprise Agreement 1100 {includes Office Pro, Windows OS, Windows CAL - SA ONLY & $156.00 $171,600.00 Exchange CAL, SMS CAL, and Share Point CAL - L&SA} Qty Additional Products - License & Assurance Annual Unit Extended Annual Price 43 Windows Server- Std Edition $118.00 $5,074.00 1 Add New? Share Point Portal Server $1,693.00 $1,693.00 5 SQL Server- Std Edition - i Processor $941.00 $4, 705.00 2 Project Professional (with 1 project Server CAL) SA ONLY $153.00 $306.00 1 Project Server $726.00 $726.00 5 Project Server CAL (device or user) (SA ONLY) $26.00 $130.00 10 Visio Professional $87.00 $870.00 6 Visual Studio Team Ed. w/ MSON Prem - (Arch, Oev, or Test) (SA ONLY) $769.00 $4, 614.00 Total Annual Price - AddLOn Products $18,118.00 Annual Price - EA Desktop + Add -On Products $189, 718.00 To tat 3 Year EA Price $S69,154.0# NOTE: ORIDER FOR ENTERPRISE AGREEMENT MUST BE ACCOMPANIED BYA SIGNED ORIGINAL MS ENTERPRISE ENROLLMENT FORM Annual Desktop True -Up Prices Year 1 - $616 ; Year 2 - $507 ; Year 3 - $402 Date Quoted: August 1, 2007 TO: PURCHASE ORDER SHI GOVERNMENT SOLUTIONS INC 1250 CAPITAL OF TEXAS HWY SOUTH BUILDING 1 SUITE 350 AUSTIN TX 78746 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE: P.O. BOX 2000 LUBBOCK, TX 79457 SHIP TO: BY: Page - Date Order No. - Brn/Plt CITY OF LUBBOCK MUNICIPAL SQUARE BUILDING C/O JASON GOELZER, ROOM 104 916 TEXAS AVENUE LUBBOCK TX 79401 1 8/20/08 334779 000 OP 3410 --------------------------------------------------------------------------- -------- Ordered - 08/20/08 Freight FOB Destination Frt Prepaid Requested - 08/20/08 Taken By - ROBIN HOLDER Delivery - PER R WOOD REQ# 31442 OIR-SDD-223, 2007-RO425 -------------------------------------------------------------------------------------- Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt ---------------------------- EA WINDOWS VISTA BUSINESS ----------- 1100.000 -- EA ----------- 31.0000 -- ------------ EA 34,100.00 -------- 08/20/08 EA OFFICE PRO PLUS ANNUAL 1100.000 EA 76.0000 EA 83,600.00 08/20/08 EXCHANGE STANDARD CAL ANNUA 1100.000 EA 16.0000 EA 17,600.00 08/20/08 EA OFFICESHAREPOINT DEV CAL 1100.000 EA 17.0000 EA 18,700.00 08/20/08 SYSTEM MGMT CONFIG ANNUAL 1100.000 EA 11.0000 EA 12,100.00 08/20/08 EA WIN SVR DEVICE CAL ANNUA 1100.000 EA 5.0000 EA 5,500.00 08/20/08 EA WIN SVR STD 43.000 EA 118,0000 EA 5,074.00 08/20/08 EA OFFICE SHAREPOINT SERVER 1.000 EA 1,693.0000 EA 1,693.00 08/20/08 EA SQL SVR STD 1CPU ANNUAL 5.000 EA 941.0000 EA 4,705.00 08/20/08 EA PROJECT PRO SA ANNUAL 2.000 EA 153.0000 EA 306.00 08/20/08 EA PROJECT SERVER ANNUAL 1.000 EA 726.0000 EA 726.00 08/20/08 EA PROJECT SVR DEVICE CAL 5.000 EA 26.0000 EA 130.00 08/20/08 EA VISIO PRO ANNUAL PAY 10.000 EA 87.0000 EA 870.00 08/20/08 VSTUDIO TEAM SFT ARCH 6.000 EA 769.0000 EA 4,614.00 08/20/08 This purchase order encumbers funds in the amount of $189,718.00, for a bid awarded to SHI, of Austin, Texas on September 13, 2007, in accordance with Resolution No. 2007-R0425. The following is incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2007-R0425. CITY OF LUBBOCK Tom Martin, Mayor ATTEST: dQA,ee�-=0 Rebe a Garza, City Secretary Total Order ------------ ------------------------------------------------------------------------ Terms NET 30 189,718.00 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 commercinl practice Each shipping conlanner chill be clearly and permanently marked as follows (a) Seller's name and address, (h) 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 I of 4 bores, and td) the number oFthe container bearing the packing slip Seller shall bear cost of packaging unless otherwise provided Goods shall be smtallk packed to secure lowest transportation costs and to conform with requirements of enmmon carriers and any applicable specifications Buyers count or weight shall be Final and conclusiveon shipments nil accompanied by packing lists. SHIPMENT LNDER RESERVATION PROHIBITED. Seller is notawhorized to ship the roods under reservation and no tender era bill or 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 a_ NOREPLACENIENTOFDEFECTIVETENDER Every tender of dell very ofgoocismust fully comply wnh all pn notions of this contract as to time of delivery. quality and the like. Ifis tender is made which does not folly conform, this shall cot s itute a breach and Seller shall not halve 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 wdhnm 1he contract lmre bail not afterward. 5, INVOICES & PAYMENTS a. Seller shall submit separate m,oices, tit 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 alemtzed and transportation charges, if any. shale be posted separately A copy of the lull of lading, and the I}eight waybill when applicable. should be attached to the invoice Mad To. Accuunts Payable, City of Luhhuck, P 0 Brix ZOW, Lubbock, Texas 79457 Payment shall not be due until the above instruments are submitted afterdelivery. 6 GRA'rulT[ES, The Buyer may, by written notice to the Seller, cancel this contract without liability In Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by ilia Seller, or any agent or repfescnlative of the Seller, to any ofTlser or employee ofthe City of Lubbock with a view to securing a commcl or secoong fatorable treaiment 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 nghts 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 slated on the face hereof includes ilia cost of<my 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 nherele 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 Sellers current prices on orders by others, or in the attemative. Buyer may cancel this contract without liability to Seller for breach or Se➢er's actual expense b The Seller warrants that no person or selling agency has been employed or returned to solicit or secure this contract upon an agreement a understanding for commission, percentage, la'okerage, or contingent fee excepting borm fire employees of Kona fide established commercial or selling agencies maintained by the Seller Air the purpose of securing business For breach of violation of [his warranty the Buyer shall have the right in addition teary other right of rights to cancel this contract %without halnlrty and to deduct from the contract price, or otherwise recover without liability and to sk-duct from the contract price, nr otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. ly ARRANTY-PRODUCT. Seller shall nor limit or exchde any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer Seller warrants that Ilse grinds furnished will conform to the specification, drawings, and descriptions listed in the bid inv nation, and to the sample(s) furnished by the Seller, if any In the event of a conflict or between the specdicahons, drawings, and descriptions, the specifications shall govenro Nntw uhstandmg any prc i isai ns curtained In the contractual agreement, the Seller represents .laid warrants fault -free performance and fault -free result in the processing dale and date related data (including. bill net limued to calculating, comparing and sequencing) Droll hardware. sollwart.md firmware products delivered and services prov ided under flits Contract, mdn dually or in combination, as the case may be loom the effectiie date of this Contract. Also. the Seller warrants Ilse year'_000 calculations will be recognized and accommodated and will not. in env way, result in hardware, software or Prmware failure. The City of Lubbock, at its sole option, miry require the Seller, at any time, to demonstrate the procedures it intends to yellow in order to comply w nh all the obligations contained herein. The obligations contained herein apply to products and sea ices provided by the Sel let. its sub -Seller w any the ni party mcolved ,n the enutnon it dtvtlsipmmt of the products and services to be delivered to the Cory of Lubbock under this Contract. rarture to comply with any of the obli_anons contained herein, may result in the Coy of Luhh,rek a%ail ing itself of any of its rights under the paw and under this Contract Including, but not limited to, its right pertaining to termination or default ore warranties contained herein are separate and drscrcte Nan any tither warranties specified in this Contract, and are nil sublect to any disclaimer of warranty, implied or expressed, or limitation of nbe Sellers liability %which may be specified in flits Coritnict_ its appendices, its schedules, its annexes or any document incorporated in this Contract by reterence. 10 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 Safely 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. I I NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As part of this contract fur sale Seller agrees to ascertain whether goads manufactured in accordance wrth the specifications attached to this agreement will give rise to the rightful claim Or Inv thud person byway of infringement of the like Boyer makes no warranty that the production of woods according to the specification will not give rise to such a claim, and in no et ent shall Buyer be liable to Seller for indemnification in the event that Seller is sired on the grounds of infringement of the like. IF Seller is of the opinion that an infringement or the Ike will result, he will notify the Buyer to this effect in writing within Ivw weeks after the signing of this agreement If Buyer does not recent notice and is subsequently held liable for the ml'nngement or the like. Seller will save Buyer harmless. if Seller in good thith ascertains The production of the goods in accordance with the specifications vwlI result in mtFingernent nr the like. the contract shall be null and void 1' RIGHT OF INSPECTION. Buyer shnll have the right to inspect the goods at delivery hefvre accepting them 13 CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof mctuding warranties of Seller or if the Seller becomes i isoNent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of airy other remedies which Buyer may have in law or equity. W TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termrrudion of work hereunder shall he effected by the delivery of the Seller of a "Notice rrfTermination" specifying the extent to which performance of work tinder 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 MAJECIRE. Neither parry shall be hold responsible for losses, resulting tribe fulfillment of any terms of provisions of this contract its 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. I6_ 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 Boyer Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all puirpuse unless made in conformity with this paragraph. 17 WAIVER No claim air right arising out of a broach of this contract can be discharged in whole or in pan 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, plus any specifications far bids and performance provided by Buyer in its advertisement fiir beds, 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 n complete and exclusive statement of the terms of then agreement. W henever a term defined by the Uniform C'ommercud Code is used in Ili: agreement, the definition contained in the Code is to coritrol. I a APPLICABLE I.AW This agreement shall he governed by the Uni from Commercial lode Where ever tine term "Uniform Commercial Code" is used, it shall be construed as me.umtg the Uniform Commercial Code as adopted to the State of Texas as effective and in force on the date of this agreement. 2--0 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 intend 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. -I. INDEMNIFICATION- Seller shall Indemnify, keep and save harmless the Buyer. his agents, Officials and employees, against all in3rmes, deaths, loss, damages, claims, patent claims. suits, Iiabihties, judgments, costs and expenses, which may in anywise accrue against the Boyer m consequence of the growing of this Contract or which may anyvnse result therefrom_ whether air not it shall be alleged or determined [hot the act was Caused through negligence or omission of the Seller or its employees, or of the subs or assignee or its employees, if arty. aind The Seller shall, at his own expense, appear, defend and pay all charges of anomevs and all costs and other expenses arising therefrom of Incurred in connection therewith, and, truly 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 bond required by this contract, or otherwise provided by Seller, shall in no way limn the responsibility to mdemmfy, keep and save harmless and defend the Bilyer as herein provided. -11 - 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 23. \IBE The City of Lubbock hereby not dies all bidders that in regard to any coil tract entered into pursuant to this request, rmnonty and women business enterprises will be ufTorded equal opportunities to submit bids in response To this invitation and will not be discriminated aganst can the grounds of race, color, sex or natural origin In consideration for an award. Rev. 08/2005 TO: Y U R C H A S E O R D E R DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 Page Date - Order No. Brn/Plt SHIP TO: 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 2600 , s �� LI BBOCI(,'I't 79457 BY: [�(��j AA 1 8/24/09 352711 000 OP 3410 ----------------------------------------------------------------------------------- Ordered - 08/24/09 Freight - FOB Destination Frt Prepaid Requested - 08/24/09 Taken By ROBIN HOLDER Delivery - PER R WOOD REQ# 33340 RES#2007-R0425 DIR-SDD-1014 -------------------------------------------------------------------------------------- Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt VLA ENTERPRISE WINDOWS 1100.000 EA 28.7000 EA 31,570.00 08/24/09 66J-00582 VLA ENTERPRISE OFFICE 1100.000 EA 70.1700 EA 77,187.00 08/24/09 269-12444 VLA ENTERPRISE EXCHANGE 1100.000 EA 14.3500 EA 15,785.00 08/24/09 381-03054 VLA ENTERPRISE OFFICE 1100.000 EA 15.1500 EA 16,665.00 08/24/09 SHAREPOINT 76M-01005 VLA ENTERPRISE SYSTEM 1100.000 EA 8.7700 EA 9,647.00 08/24/09 A4I-00482 VLA ENTERPRISE WINDOWS 1100.000 EA 3.9800 EA 4,378.00 08/24/09 SERVER R18-02389 VLA ENTERPRISE WINDOWS STD 43.000 EA 112.4300 EA 4,834.49 08/24/09 P73-00225 VLA ENTERPRISE SQL SERVER 5.000 EA 897.8700 EA 4,489.35 08/24/09 1 228-03150 VLA ENTERPRISE PROJECT PRO 2.000 EA 145.9200 EA 291.84 08/24/09 H30-00236 VLA ENTERPRISE PROJECT 5.000 EA 25.5100 EA 127.55 08/24/09 SERVER H21-00416 VLA ENTERPRISE PROJECT 1.000 EA 692.1400 EA 692.14 08/24/09 SERVER H22-00474 VLA ENTERPRISE VISIO PRO 10.000 EA 82.9200 EA 829.20 08/24/09 D87-01252 VLA ENTERPRISE VISUAL TEAM 6.000 EA 733.6000 EA 4,401.60 08/24/09 124-00002 VLA ENTERPRISE SHAREPOINT 1.000 EA 1,615.5300 EA 1,615.53 08/24/09 H04-00321 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: d SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice Each shipping container shall he clearly and permaricath marked as follows (al Seller's name and address, (b) Consignees name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, a M. box l of 4 boxes, and Id) the number of the container heanng the packing slip Seller shall bear cost of packaging unless otherwise provided, Goods shall he aiiiahly packed to secure lowest transportation costs and to ennfnrin 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. v SHIPME%T UNDER RESERVATION PROHIBITED Seller is not authan7ed to ship the goods under reservation and no tender of a hill 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 lakes possession of the goods at the point or points of delivery, d. NO REPLACEMENT OF DEFECTIVE TENDER E%cry tender of dehyery ofgoods 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 consljtutea breach 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 Buver of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5 INVOICES & PAYMENTS a. Seller shall submit separate invoices, or dupheate, one each purchase order or purchase release after each delivery Invoices shall indicate the purchase order or purchase release number and the supply agreemenl number ifapplicable Invoices shall beitemized and transportation charges. if arty, shall be listed separately. A copy of the hill oflading. 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 instnrments 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 Form of entertainment, Sifts 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 Libliock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of anv determinations with respect to the performing orsuch it contract In the event this contract is canceled by Buyer pursturm 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 face 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 sheets related thereto shall became the property of the Buver and to the extent feasible shall he identified by the Seller as such 8 WARRANTY -PRICE. a The price to he pad by the Buver shall be that contained in Seller's bid which Seller warrants to be no higher than Sellers current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like «,nddiuus and uneLIIO& of purchase In the event Seller breaches this warranty. the prices of the items shall be reduced to the Seller's current paces on orders by others, or in the allemattve. Buyer may cancel this contract without liability to Seller for breach or Sellers actual expense Is The Seller warrant.s that no person or set ling a_gaicy has been emploved — retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bmte fide employees of bona fide established commercial or sellurg:urencies 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 habdity 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 limn or exclude any implied warranties and any attempt it do so shall render this contract voidable at the option of the Buver Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in The bid mvitalion, and to the samples) fumished by the Seller. d-any In the event of -a conflict or between the specs licanons. drawings• and descriptions, the specifications shall govem. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and dale related data (including, but not limited to calculating, comparing and sequencing) of all hardware, sottw ai a and firmware products delivered and seances provided under this Contend, mdrvidualiv or in combination. as the case may be from the effective date of the Contract ►1so, the Seller warrants the year2UW calculations will be recognized and accommodated and will not, in any way, result in hardware, softssare or firmware failure. The Citv of Lubbock, at its sole option• mar require the Seller. At anv time. to demanslrale the prw:niures it intends to fhllow in order to comph with all the obligations contained herein The obligations contained herein apply to products and services prow nded by the Seller, its sub -Seller or any third path• invoh ed 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 obligations contained herein. may result in the City of Lubbock availing itself of any of ris rights urxier the law and under this Contract nncludmg- but not limited tit, its right pertaining to termination or default. The arranlws contained herem are separate and discrete from any other warranties specified in this Contract. and ae not subject to any disclaimer of warranty- implied or espresseJ, or limitation ofthe.Seller's liability which may he specified in this Contract, as appendices, its schedules, its annexes or any document incorporated in this Contract by reference Ill SAFETY 4ARRANTY Seller warrants that the product sold to the Buver 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 camectmn or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable ume. correction made by Buyer will be at the Seller's expense I 1 VG WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part 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 orally third person by way of infnngentem of the like Buver makes no warranty that the production of goods according to the specification wil I not gnve rise to such a claim, and in no event shal I Buyer be liable to Seller For indemnification in the event that Seller is sired on the grounds of infringement or 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 m grid faidl a!iC lams the production ofthe goods in accordance with the specifications will result in infringement or the like- the contract shall be null and void. 1-2 RIGHT OF INSPECTION. Bayor shall have the right to inspect the goods at delivery be Fore accepting them. 13 CANCELLATION Buyer shall have the right to cancel for default all or any part of the undelivered portion ofthis 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 nght of cancellation is in addition to and not in lieu of any 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 dell very of the Seller ora"Notice of Term nation" specifying the extent to which performance of work under the order is terminated and the date upon which such lermmation 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 MAJ EURE Neither party shall he 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 patty whose performance its interfered with, and which by the exercise of reasntrr6le diligence said parry 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 assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER, No claim or right arising out ore 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 18 INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids• and any other documents provided by Seller as part ofhis bid, is intended by the parties as a final expression of their agreemem and intended also as a complete and exclusive statement of the terns oftheir agreement Whenever a term defined by the L,mform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19 APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Cade. Where ever the term "liraFinn Commercial Code" is used, it shall be construed as meaning the rt Uniform Comercai Cale as adopted in the Slate 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 farth has reason to question the other patty'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. 21 INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buver- its agenm 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 gram orm 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 [be Seller or its employees, or of the subSeller or assignee or its employees. if any, and the Sel ler shall, at his awn expense, appear, defend and pay al I charges of attomevs and all costs and other expenses arising therefrom of incurred n n connection lherewrth, and, of any judgment shall be rendened againxst the Buyer in any such actior4 the Seller shall, w Its awn expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by otherwise this contract, or provided N Seller, shall i n no way limit the responsibility to indcmnifv, keep and save harmless and defend the Buver as herein provided :? TIME It is hereby expressly agreed and understood that time is of the essence for the livrFoimance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to he in default of this agreement 23 MBE The City of Luhhock 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 invitatrat and will nor he discriminated mulin it on the grounds of race, color. ax or natural origin in consideration for an award Rev. O1312005 TO: Y O Page U R C H A S E ORDER Date Order No. Brn/Plt DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 SHIP TO: 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 P.O. BOX 2000 qr- Li BBOCK. TX 79457 BY: ff# 2 8/24/09 352711 000 OP 3410 --------------------------------------------------------------------------- Ordered - 08/24/09 Freight FOB Destination Frt Prepaid Requested 08/24/09 Taken By - ROBIN HOLDER Delivery - PER R WOOD REQ# 33340 RES#2007-R0425 DIR-SDD-1014 Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt This purchase order encumbers funds in the amount of $172,513.70, for a bid awarded to Dell Marketing LP of Round Rock, Texas, on September 13, 2007, in accordance with Resolution No. 2007-R0425. The following are incorporated into and made part of this purchase order by letter of ratification or Resolution No. 2007-1110425. CITY OF LUBBOCK e%01*WW1)ZA;e— Tom Martin, Mayor ATTEST: Rebed'e,ajGarza, City Secretary Total Order Terms NET 30 172,513.70 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: i SELLER TO PACKAGE GOODS Seller will package goods in accordance with gaol commercial practice Each shipping container shall be clearly and permanently marked as follows la) Sel ki s name and address, (b) Consignee's name. address and ptumlaase order or purchase release number and the supply agreement number d'appltcable, tic I, Container number and total number of containers, e.g. box I of 4 boxes, and (.d) the number of the conlamer hearing the packing slip Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably picked to secure lowest transportation ends and to conform with requirements of common tamers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lids. '_. SHIli ENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation and no tender of a bell of lads rig will operate as a lender 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 pewscssion of the goods at the point nr points of delivery 4 NO REPLACEMENT OF DEFECTIVE TENDER Every tender ofdelivemofSoakmust fully comply with all provisions of tim contract as to time of delivery, qualih' and the like if a lender is tirade which does not fully conform, this shall constitute a breach and Seller shall not have the right W suhstelutc 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 Seller 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, dany, shall be listed separately. .4 copy of the bill of lading. and the freight waybill when applicable, should be attached to the invoree Mad To. Accounts Pavable, City of Lubbock, P O Box 2000, Lubbock Texas 79457. Payment shall not be due until the above instruments are submitted alter delivery is GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seiler ifit is determined by Buyer that gratuities, in the loon, ofentertatnment. Sifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to anv officer or emplovee ofthe Cory of Lubbock with a view in securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of anv 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 grarunies. 7 SPECIAL TOOLS & TEST EQUIPMENT If the price stated on the face hereof includes the cost of any special tooling or special lest equipment Fabricated or required by Seller for the purpose oFfilling this order, such specai tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall he identified by the Seller as such. 8. WARRANTY -PRICE - a The price to he 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 ofthe kind and specification covered by this agreement for similar quantities under sunder of like unoJihwis cod niclluxLs ul'purchase In the event Seller breaches this warranty, the prices of tire nears shall be reduced to the Seller's curerel 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 ter selling agency has been employed a retained to entreat of secure this contract upon an agreement or understanding for commission percentage, brokerage. or contingent fee excepting bona fide emplovee. of bona Fide established commercial at sel ling agencies maintained by the Sel let 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 Itabihty 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" exclude any implied warranties and any attempt ro der so shall render this contract voidable at the option of the Buyer Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the samplels) Furnished by the Seller, if any. In the event of a conflict or between the specifications, drawngs, and descrtptions, the specifications shall govern. Nolwdhstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and Fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) oFall hardware, software and firmware products delivered and services provided under this Contract indtwdually or in combination, as the case may be from the effective dare of this Contract. Also, the Seller warrants the vear2000 calculations will he recognized and accommodated and will not, in anv way. result in hardware, software or firmware failure. The Citv of Lubbock, at its sole option. may require the Seller, al any time. to demonstrate the procedures it intends to foilow in order to comply with all the obligations contained herein. Ti, obligations eonlained 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 obhumrons contained herein may result in the City of Lubbock availing itself tf any of its rights under the law and under this Contract including, bon not limited ro. its right pertaining to termination or default. -Idle warranties contained herein are separate and discrete from any other warranties specified in this Contract, and :ire not suhlect to any disclaimer of warranty, ulipl led or e-.pressed, or limitation of the Seller's Iabitity which may be specified in this Contract, its appendices, its schedules, its annexes or anv document incorporated in this Contract by reterence M 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 at the Seller's expense. In the even) Seller fads 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 orders 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 PC", on 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. send in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of mfnngement 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 alter the signing of thus agreement If Buyer does not receive notice and is subsequently held liable for the inrhngemem or the like, Seller will save Buyer hi miless. If Seller in Said faith ascertains the production ofthe goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void 12 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery before accepting them. 13 CANCELLATION Buyer shall have the right to cancel For default ail or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity 14 TERMINATION. The performance of work under this order maybe terminated in whole, or in part by the Buyer in acc rdaree with this prewtsion Termination of work hereunder shall be effected by the dehvery of the Seller of a "Notice of Termination" specifymg the exterul 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 addmon to and not in lieu of the rights of Buyer set forth to Clause 13, herein, 15 FORCF MAJELRE. 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 he assigned or delegation crony, obligation made by Seller without the written permission of the Buyer Any attempted assignment or delegation by Seller shall be wholly void and totally mefTective for all purpose unless made 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 the aggrieved party. 19 INTERPRETATION -PAROLE EVIDENCE This writing- plus any specifications forbids and performance 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 is a final 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 contro4 19 APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code Where ever the term "Uniform Commercial Code' is used, it shaft be construed as meaning the Uniform Commeteial Code as adopted in the State ofTexas as effective and in force on the dale of this agreement 20. RIGHT TO ASS L'RANCE Whenever one party to this contract in good faith has reason to question the other parity's intern 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 wslhm five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. :l INDEMNIFICATION Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deimhs, Inns, damages, claims, patent claims, suits, habdnies, judgments, costs and expenses, which may Per arr ise 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 su6Seller or assignee or its employees, if any_ and the Seller shall, at his owti expense, appear, defend and pay all charges of attorneys and all costs and other expenses ansmg therefrom of incurred in connection therewith, and. irony 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 bond required by this contract, or otherwise provided by Seller, shatl in no way limit the responsibility to mdemmrv, keep and save harmless and defend the Rover as her pruvided. TIIE It is hereby expressly agreed and understood that rime is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will calve 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 minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and well not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. Ret . 0812005 t Y O U R C H A S E ORDER 1f TO DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 Page 1 Date 8/21/09 Order No. 352174 000 OP Brn/Plt 3410 SHIP TO: CITY OF LUBBOCK MUNICIPAL SQUARE BUILDING C/O JASON GOELZER, ROOM 104 916 TEXAS AVENUE LUBBOCK TX 79401 INVOICE TO: CITI" OF Ll BBOCK ACCOUNTS PA VABLE P.O. BOX 2000 LUBBOCK, T\ 79457 BY: Ordered 08/14/09 Freight FOB Destination Frt Pr -pa d Requested - 08/14/09 Taken By - FELIX ORTA Delivery - PER J ZHINE REQ# 33271 DIR-SDD-1014 -------------------------------------------------------------------------------------- Description / Supplier Ite Ordered UM Unit Cost UM -------------- Extension Req. Dt -------- - ---------------------------- Windows Vista Annual ----------- 32.000 -- EA ----------- 82.1400 EA 2,628.48 08/28/09 License Fee Office Pro Plus 32.000 EA 278.3000 EA 8,905.60 08/28/09 Exchange Client Platform 32.000 EA 33.5000 EA 1,072.00 08/28/09 Office Sharepoint 32.000 EA 35.0900 EA 1,122.88 08/28/09 System Management Config 32.000 EA 20.7400 EA 663.68 08/28/09 Windows Server Client 32.000 EA 15.1600 EA 485.12 08/28/09 Platform Windows Std Server 20.000 EA 618.7900 EA 12,375.80 08/28/09 This purchase order encumbers funds in the amount of $27,253.56, for a bid awarded to Dell Marketing LP of Round Rock, Texas, on September 13, 2007, in accordance with Resolution No. 2007-110425. The following are incorporated into and made part of this purchase order by letter of ratification or Resolution No. 2007-R0425. CITY OF LUBBOCK ele'-z— 'Alwe' Tom Martin, Mayor ATTEST: CQ '5-y- Rebecc Garza, City Secretary Total Order ------------------------------------------------------------------------------------- Terms NET 30 27,253.56 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1 Sl'I.LLR 10 PACK AGE GOODS Seller will package goods in accordance with good commercial practice Each shopping container shall be clearly and permanently marked as follows lal Sellers name and address. (b) Consignee's name, address and purchase order or purchase release number and the supply agreemem +wmtter if applicable. Ice Container number and total number of containers. e.g box I of 4 boxes. and idl the number of the eontamer beartny the packing siip Seller shall bear cost of packaging unless otherwise provided. Goods shall he suudbly 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 h) packing lists SHIPMENT U\DFR R177SERN ATIO\ PROHIBITED Seller is not authorireJ to ship the goods under reserv'atu n and no tender of a hill of fading will operate as a tender of goods. 3 TITLE AND RISK OF LOSS. The title and risk of Ines of the goods shall not pass to Buyer until Buver actually receri es and takes possession of the goods at the point it points of dcdnen 4 NO REPLACEMENT OF DEFECTIVE TENDER L• very tender of delivery of gods must fully comply with all proku ions of this contract as its time, of delivery, quahh and the like. If o tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender. provided, where the title 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. INVOIC'F:e M PAYMENTS a Seller 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 upphcable Invoices shall he itemized and transportation charges, dany. shall be listed separately A copy of the hill of lading. and the freight waybill when applicable, should beattached to the in%vice Mail To Accounts Payable. City of Lubbock. P O Box _'[K . Lubbock, Texas 70457 Payment shall rim be due until the abow c instruments are submitted after delivery G GRATUITIES 'rhe Buyer mav, by written notice to the Seller, cancel this contract without habihty to Seller if it is determined by Buyer that gratuities, in the form of enteramment. gills or otherwise, were offered or given by the Seller, many agent c r representative of the Seller, to any officer or employee of the ('try of Luhboo:k with a view to securing a contract or securing favorable treatment with respect to the awarding tar amending, or the making of any determinations with respect to the performing of such a contract In the event this contract its canceled by Buyer pursuant to this provrsrnn. Buyer shall be entitled, in addition to arr other rights and remedies to recover or withhold the amount of the cost incurred by Seller in pronding such gratuities, 7 SPECIAL TOOLS & TEST EQUIPMENT If the price slated on the face hereof includes the cost orally special tooling or special test equipment fabricated or required by Seller for the purpose or filling this order, such special tool ing equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such g WARRAN"'-PRICE a. The price to he paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process an orders by others for products of the kind and specification covered by this agreement for similar quantities under simdar of like conditions and methods of purchase in the event Seller (reaches this warranty. the prices of the items shall be reduced to the Seller's current prices tin oidera by others, or in the alternative. Buyer may cancel this contract without habi lily to Seller for breach or Seller's actual expense b The Seller warants that no person or selling a4ency has been employed or renamed to solicit m secure this contract upon an agreement or understanding for commission• percentage, brokerage. or cantngent fee excepting bona fide employees of bona Fide established commercial or selling agencies maintmned by the Sel ler for the purpose of securing business For breach of vitiation of this warranty the Buyer shall have the right in addition to any other ri_Ix of rights to cancel this contract without liability and to deduct from the contract price, or athenv tie recover without liability and to deduct from the contract price. or otherwise recover flit tall amount ofsucli commission, percentage. brokerage or contingent fee q W ARR ANTY-PRODUCT Seller shall no limit or exclude arty• implied warranties acid any attempt to do so shall render this contract voidable at the option of the Buyer Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid ins nation, and to the sample(s) furnished by the Sel ler, if any In the event of a conflict or between the specifications, drawings_ and descriptions, the specifications shall govern Notwithstanding any provisions contained to the contractual agreement. the Seller represents and warrants Paull -free 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 sin ices pro%kded under this Contract. udn idualh or in combination, as the rase may be from the effective date of this Contract Also, the Seller warrants the year^_OOO calculation, w ill be recognized and acconimofated and will not, in anv way, result in hardware. software or firmware failure The City of Lubbock, at its stile option, may require the Seller. at any lime, to demonstrate the pnaedures it imends to follow in order to comply with all the obligations contained herein The obligations contained berenn apply to products and services provided by the Seller. its sub -Seller or any third Pam imuiyed in the creation or development of the products and sen-ices to be delivered to the Ca) of Lubbock under this Contract Failure to comply with any of the obligations contained herein, may result in the City of Lohlcick availing itself of any urns rights under the law and under Ibis Contract including. but not limited to. its right pertaining to termination or default The warantses contained herein are separate and discrete from anv other warranties specified in this ('ontract, and are nor subject to am disclaimer of warranty, implied or expressed, at limitation of the Seller's liability which mav be specified in [his Contract, its appendices. its schedules, its annexes or any document incorporated in this Contract by reference 10 SAFETY WARR ANTY Seller warrants that the product sold tit the Buyer shall contorm to the standards prumulgated by the U S Department of Laltrir under the Occupatmmal 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. [n the event Seller rods to make the appropriate correction wrlhm a reasonable time, correction made by Buyer will be a1 the Seller's expense 11 NO R"ARRANTY BY BUYER AGAINST INFRiNGE19E%TS As part ofthis Contract for sale Seller agrees to ascertain whether goods manufactured on accordance with the specifications attached to this agreement will give rise to the rightful claim of any thud person by way of infringement of the like Buyer makes no warranty that tile n e production of go ods 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 is sued on the grounds of infringement of the like If Seller is of the opinion that an infnngemew or the like well result. lie will notify the Buyer lit this effect in "Tiling within Iwo weeks efter the signing of this agreement If Buyer dues not receive mute and is subsequerrily held liable for the infringement or the like, Seller will save Buyer harmless If Sel ler ni gird faith ascertains the production of the goads in accordance with the specifications will result rn infringement or the like, the contract shall be null and void. 12 RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them 13 CANCELLATION Buyer shall 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 Sellef or if the Seller becomes insolvent nr commits acts of bankruptcy Such right of cancel lation is in addition to and not in lieu of any 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 rn pan by the Buyer in accordance with this provision Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance ofwork 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 orlhe rights of Buyer set forth in Clause 13, herein. 15 FORCT M.AJEURE Neither party shall be held responsible for losses, resulting if the fulfillment orany 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 i b 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 Airy attempted assignment or delegation by Seller shall bevvilaBy vend and totally meffe nve for all purpose unless made 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 waiter or renunciation Is supported by consideration and is in writing signed by the aggrieved party. 18. INTER PRETATiON-PAROLE EVIDENCE This writing. plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as pan of his bid. is intended by the parties as a final expression of their aereemem and intended also as a complete and exclusive statement of the terms of therr agreement Whenever a term defined by the Lino form Commercial Code is used in this agreement, the def onion contained in the Code is to control 19 APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code Where ever the term "Llrul'urm Commercial Code' is used, it shall be construed as meaning the Unifornn Commercial Code as adopted in the State of Texas as effective and in f'txee an the date of this agreement 10 RIGHT TO .ASSURANCE Whenever one party to this contract in good fadh has rcaum to question the other patty's intent to perform he may demand [hat the other party give written assurance of his intent to perform In the event that a demand is made and not assurance is given within five (51 days, the demanding party may [real this failure as an anticipatoo) repudiation of the contract 21 1 NDEMNIFICATION Seller shall indemnify, keep and save harmless the Buyer, its al',ents. officials and employees against all velunes, deaths, loss, damages, claims, patent claims, suits. liabilities, judgments, costs and expenses. which may in anywise accrue against the Buyer in consequence of the granling 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 ofthe Seller or its employees, or of the subSeller or assignee or its empfnyeee, of any, and the Seller shall, at his town expense. appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of enured in connection therewith, and if any judgment shall lie rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfw and discharge the same Seller expressly understands and agrees that any bond regmreJ by this contract, or otherwise provided b) Seller, shall in no way limit the resptonsibdity to utdemmly, keep and save harmless and defend the Buyer as herein provided TIME It is hereby- expressly agreed and utderstotid that tame is of the essence far the performance of this contract, and failure M• contract to meet the time specfieatrms of this agreement wi11 cause Seller to be in default of this agreement 73 MBE The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and womem business enterprises will be afforded equal opportunities to submit bids in response to this imitation and will not he discrimmated against on the grounds of race. color, sex or natural origin in consideration for an award Rev 0812005