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HomeMy WebLinkAboutResolution - 2018-R0423 - PO With Dell Marketing - 12/06/2018Resolution No. 2018-RO423 Item No. 6.10 December 6, 2018 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order No. 33001104 for the purchase of Dell Products as per DIR-TSO-3763, by and between the City of Lubbock and Dell Marketing, LP, of Round Rock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 6, 2018_ DANIEI , M. POPE, MAYOR TTEST: Rebecca Garza, eity Secretary APPROVED AS TO CONTENT: A� Ma earwood, tant City Manager APPROVED AS TO FORM: Ry n ooke, Assistant City Attorney ccdocs/RES.-PurchaseOrd 33001 104. Dell Marketing, LP November 11, 2018 City of LubAVgo" bock TEXAS I KI I PURCHASE ORDER DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 SHIP TO: Page - Date - Order Number 1 11/1/2018 33001104 000 OP 410 CITY OF LUBBOCK INFORMATION TECHNOLOGY 1611 IOTH STREET LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY:` Mart _(L941, Director urchasing & Contract Manageme v Ordered 11/1/2018 Freight Requested 11/1/2018 Taken By J MONTES Delivery Per J Zhine / Req # 52961 Q#3000030192584.1/DIR-TSO-3763 Description/Supplier Item Ordered Unit Cost UM Extension Request Date SC280 6TB SAS 12Gb 7.2K 3.5HDD 1.000 51,511.6100 EA 51,511.61 11/1/2018 42pack Cust Kit #400-AGDE SC220 1.92TB SAS 12Gb RI SSD 6.000 3,679.4000 EA 22,076.40 11/I/2018 2.5 Cust Kit #400-AJED ProDeploy Base Add or Upgrade 1.000 2,825.5500 EA 2,825.55 11/1/2018 Storage HW 4804-2165 Total Order Terms NET 30 76,413.56 This purchase order encumbers funds in the amount of $76,413.56 awarded to Dell Marketing LP of Round Rock, TX on December 6, 2018. The following is incorporated into and made part of this purchase order by reference: DIR-TSO-3763 from Dell Marketing LP Round Rock, TX. Resolution # 2018-RO423 ci of T,ubbo r TFST f y" Daniel M. Pope, Mayor Rebecca Garza, City Secretary Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX I. SELLER TO PACKAGE GOODS. Sella will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address. (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable. (c) Container number and total number of containers, e.g. box I of 4 boxes. and (d) the number o f the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery- q. NO REPLACEMENT OF DEFECTIVE TEN -DER. Every tender of deliver of goods must fully comply with all provisions of this contract as to time of defivery. quality and the like- If a tender is made which does not fully conform, this shall constitute a breach and Sella shalt not have the right to substitute a conforming tender. provided, where the time for performance has not yet expired, the Sella may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. rNV'OICES 3 PAYMENTS a. S e I I e r shall submit separate jn%oices, 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 transpartation charges. if am'. shall be listed separately ,A copy of the bill of lading. and the height waybill when applicable, should be attached to the invoice. Mail To. Accounts Payable. City of Lubbock. P. 0 Box 2000. Lubbock. Texas 7945 , Pnment shall not be due until the above instruments are submitted after deli 6. GRATUITIES. The Buyer may, by written notice to the Seller. cancel this contract without liability to Sella if it is determined by Bu;.er that gratuities. in the form of enteraimaient. gifts or otherwise were offered or given by the Seller. or any agent or representative of the Seller. to any offices or employee of the City of Lubbock with a view to securing a contract or securing F.a%orable treatment with respect to the awarding or amending. or the making of any determinations with respect to the perfering of such a contract. In the event this contract is canceled by Buyer pursuant to this provision. Buyer shal! be entitled, in addition to any other rights and remedies, to recover or withhold the arnount 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 fahricated or requires! b% Seller for the purpose of filling this order. such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be idenri9ed by the Seller as such - 8. WARRANTY -PRICE. a. The price to be paid by the Bu_.er shall be that contained in Sella's bid which Seller warrants to be no hroher than Seller's current process on orders by others for products of the kind and specification covered b% this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Sella breaches this w-arrant. the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller arams that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price. or otherwise recover without liability and to deduct from the contract price or othern ise recover the full amount of such commission, percentage. brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods firmjshed will conform to the specification. drawings. and descriptions listed in the bid incitation. and to the smnpla s) furnished by the Seller. if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Norsithstanding any provisions contained in the contractual agreement, the Sella 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) of all hardware. so fry are and firmware products delivered and saw ices pray ided under this Contract, individually or in combination.. ai the case may be from the effective date of this Contract. ]'he obligations contained herein apply to products and series provided by the Seller, its sub- Seller or any third pain involved in the creation or development of the products and services to be delivered m the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein. may. result in the City of Lubbock availine itself of any of its rights under the law and under this Contract including. but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract. and are act subject to any disclaimer of warranty. implied or expressed. or limitation of the Seller's liability which maybe specified in this Contract, its appendices. its schedules, its annexes or any document incorporated in this Contract by reference 10. SAFETY WARRANTY Sella warrants that the product sold to the Buyer shall conform to the standards promulgated b% the U. S. Depacment of Labor under the Occupational Safetyand Health Act of 1970, In the event the product dos not conform to OSHA standards. Buyer may return the product for correction or replacement at the Seller's expense. In the event Sella fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Sella agrees to ascertain whether goods manufactured in 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 the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement o f the like. If Sella is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in wTitine 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 Bova harmless. If Sella in goad faith ascertains the production of the goods in accordance with the specifications will result in infringement or the litre- the contract shall be null and void. ' 12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract. without termination charge or other liability. on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to nice su;h r .: ty,l' I,. or �:, of ,- . p.ti P-- rn I ram• i.., nr:! ra , ; a., 14i- �., t b .,i, i t•. .r,u.. „ 13. RIGII l OF INSPEC I ION Buyer shall have the right to inspect the good; at deliver-. before acceptant them. l4 CANCELLATION Buyer shall have the right to cancel for default all or any pan of the undelivered portion of this order ifSella breaches any of the terns hereof including warranres of Sella or if the Seller he.comes ina,lvem nr Commits acts of li—knmtcv Cnrh right i,f Caoceil.inn is io ndditinn to and inn in lieu of any other remedies which Buyer may have in law or equity- 15. TERMINATION. The performance of,, ork under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause la, herein. 16. FORCE XLMEURE. 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. 17. ASSIGNNIFNT-DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Sella without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be vvheIly void and totally ineffective for all purpose unless made in conformity with this paragraph. I S 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 pain 19, INTERPRETATION -PAROLE EVIDENCE. This writing. plus any specifications for bids and performance pro: ided b% Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the patties as a final expression of their agreement and intended also as a complete and exclusive statement of the tems of their agreement Whenever a term defined by the Uniform Commercial Code is used in this agreement. the deftit'.on :ont.tined in the Code is to control. 20. APPLICABLE LAW' This agreement shall be govertted b% the Uniform; Commercial Code W'haeever the term -'Uniform Commercial Code' is used, it shall be construed as memme the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date ofthis agreement. 21 R.IGI-[T TO ASSURANCE. Whenever one parry to this contract in good faith has reason to question the otha party's intent to paform he may demand that the other patty give writt i assurance of his intent to perform. In the event that a demacd is made and no assurance is given within five (5) days, the demandhig party may treat this failure as m anticipatory repudiation of the contract. '_'_ INDEMNIFIC'ATION. Seller shall indemnity, keep and save harmless the Buyer, its agents, officials and employees. against all injuries, deaths, loss. damages, claims. patent claims. suits. liabilities, judgments. costs and expenses. which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may an%v,ise result therefrom, whether or not it shall he alleged or determined that the act w;s caused through negligence or omission of the Seller or its employees. or of the subSeller or assignee or its employee's. if any. and the Seller shall, at his own expense appear, defend and pay all charges of attorneys and all costs and ether expenses arising therefrom of incurred in connection therewith, and, jf any judgment shall be rendered against the Buyer in any such action, the Seller shall. at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. T[ME. 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 he in default of this aitreemait. 24. MBE. The Cit, of Lubbock hereby notifies all bidders that in regard to am 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 will not be discriminated against on the grounds of race. color. sex or natural origin in consideration for an award. 25 NON -ARBITRATION The City resery s the right to exercise am right or remedy to it by law. contract. equity, or otherwise. including without limitation. the right to seek any and all forms of relief in a court of competent jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted relit to seekjudreiai remedy The remedies set forth herein are cumulative and not exclusive. and may be exercised concortently To the extent of am conflict bets, ocn this piny ision and another provision in. or related to. this document, this pro% ision shall control. 1_6. RIGHT TO AUDIT At any time during the term of the contract, or thereafter. the Cis or a duly authorized audit representative of the City or the State of Texas. at its expense and at reasonable times, reserves the right to audit Contractors records and books relevant to all saxices provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the Civ.. at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. _". HOUSE BILL ]0 L' House Bill _015. signed by the Governor on June Id. 2013 and effective on January 1. 2014. authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to pro nerly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under agovernmental contract will be penalized S2200 for each individual that has been misclassified. (Texas Government Code Section'_ 155.001) 2S. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29 HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES- Horse Bull 1295, adopted by the 84th Legislature, created §2252.908. Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency Instructions for completing Form 1295 are available at: hjrtp:wvy�Vaj,lj�hockrx.us dentutmental-wel,site depaainents urn chasing vendor-in�rmaticn 30. CONTRACTOR ACK-NOWLEDGES. by supplying any Goods or Services that are Contractor has read. fully understands. and will be in full compliance with all terrors and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict betweron these terms and conditions and any terms and conditions provided by the Contractor. the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of do force or effect. 31 By accenting this purchase order, the Vendor verities that it does not Boycctt Israel. and agrees that during Sales rep: Maria Porter 1 3000030192584.1 WLEMC A quote for your consideration! Total: $76,413.56 Based on your business needs, we put the following quote together to help with your purchase decision. Please review your quote details below, then contact your sales rep when you're ready to place your order. Quote number: Quote date: Quote expiration: Solution ID: Deal ID: 3000030192584.1 Oct. 24, 2018 Nov. 23, 2018 10246458 15602714 Company name: Customer number: Phone: CITY OF LUBBOCK 1784159 (806) 775-2366 Sales rep information: Billing Information: Maria Porter CITY OF LUBBOCK Maria_Parter®Dell.com PO BOX 2000 (800) 456-3355 LUBBOCK Ext: 5138541 TX 79457-0001 US (806) 775-2366 Pricing Summary Item Qty Unit Price Subtotal SC280, 6TB SAS 12Gb, 7.2K, 3.5 HDD (42-pack), Customer Kit 1 $51,511.61 $51,511.61 SC220, 1.92TB SAS 12Gb, RI SSD , 2.5, Customer Kit 6 $3,679.40 $22,076.40 ProDeploy Base: Add or Upgrade Storage Hardware Component 1 $2,825.55 $2,825.55 Subtotal: $76,413.56 Shipping: $0.00 Environmental Fees: $0.00 Non -Taxable Amount: $76,413.56 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $76,413.56 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Page 1 0 2014 Dell Inc. U.S, only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Dear Customer, Your Quote is detailed below; please review the quote for product and information accuracy. if you find errors or desire certain changes please contact me as soon as possible. Regards, Maria Porter SKU Description Qty Unit Price Subtotal SC280, 6T8 SAS 12Gb, 7.2K, 3.5 HDD (42-pack), Customer Kit 1 $51,511.61 $51,511.61 Estimated delivery date: Nov. 2, 2018 Contract No: 75AHH Customer Agreement No: DIR-TSO-3763 400-AGDE SC280, 6TB SAS 12Gb, 712K, 3.5 HDD (42-pack), Customer 1 - Kit SKU Description Qty Unit Price Subtotal SC220, 1.92T8 SAS 12Gb, RI SSD , 2.5, Customer Kit 6 $3,679.40 $22,076.40 Estimated delivery date: Oct. 31, 2018 Contract No: 75AHH Customer Agreement No: DIR-TSO-3763 400-AJED Dell 1.92TB SSD SAS Read Intensive 12Gbps 2.5in Drive, 6 - - HUSMR1619ASS20x Subtotal: $73,588.01 Shipping: $0.00 Environmental Fees: $0.00 Estimated Tax: $0.00 Total: $73,588.01 SKU Description Qty Unit Price Subtotal ProDeploy Base: Add or Upgrade Storage Hardware Component 1 $2,825.55 $2,825.55 Estimated delivery date: Oct. 25, 2018 Contract No: 75AHH Customer Agreement No: DIR-TSO-3763 804-2165 ProDeploy Base: Add or Upgrade Storage Hardware 1 - - Component Page 2 ® 2014 Dell Inc. U.S. only- Dell Ina. is located at One Ball Way, Mail Stop 8129, Round Rock, TX 78682. Subtotal: $2,825.55 Shipping: $0.00 Environmental Fees: $0.00 Estimated Tax: $0.00 Total: $2,825.55 Page 3 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-423518 Dell Marketing, L.P. Round Rock, TX United States Date Filed: 11/07/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 11/16/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 14376 Compellent Storage 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Dell, Michael Round Rock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-423518 Dell Marketing, L.P. Round Rock, TX United States Date Filed: 11/07/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 14376 Conipellent Storage 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Dell, Michael Round Rock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Dennis Brabandt and my date of birth is My address is One Dell Way Round Rock TX 78682 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Williamson County, State of Texas on the 7th day of November 20 18 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711