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HomeMy WebLinkAboutResolution - 2018-R0424 - PO With Dell Marketing - 12/06/2018Resolution No. 2018-RO424 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. 33001106 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 DANIEL M. POPE, MAYOR ATTEST: &. -�/ -- Rebecca Garza, ity Secretary APPROVED AS TO CONTENT: Mark '9earwo�st nt City Manager er g APPROVED AS TO FORM: Ry Br oke, As st nt City Attorney ccdocs/RES.—PurchaseOrd 33001106 — Dell Marketing LP November 5,2018 City of A W VLubbock PURCHASE ORDER TEXAS TO: DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 Page - 1 Date - 11/5/2018 Order Number 33001106 000 OP Branch/Plant 3410 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1611 1OTH STREET LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Director of Purchasing & Contract Management Ordered 11/2/2018 Freight l� Requested 12/14/2018 Taken By J MONTES Delivery Per J Zhine / Req # 52973 Q#3000030189720. l/DIR-TSO-3763 Description/Supplier Item Ordered Unit Cost UM Extension Request Date GCProSupp 24x7 Priority onsite 14.000 66.0000 EA 924.00 12/14/2018 41-Ir SC420 3Y 4A8939859 Storage Ctr Drive Certificate 14.000 135.4300 EA 1,896.02 12/14/2018 Cust Kit 4634-BENJ Storage SC420 Enclosure -addon 1.000 95,616.3600 EA 95,616.36 12/14/2018 4210-AFTG SC Entrpr+ 1.92TB SAS 12 Gb RI 24.000 EA 12/14/2018 SSD 2.5" 4400-AI/_N Total Order Terms NET 30 98,436.38 This purchase order encumbers funds in the amount of $98,436.28 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 # -)o 1 8_R 04?4 City, of Lubboc TEST: Daniel M. Pope, Mayor Rcca Garza., tv Secretary Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERNIS 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 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Sella 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. Seller 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. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a 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 Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e I I e r 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, if any. shall be listed separately. A copy of the bill of lading. and the freight waybill when applicable, should be attached to the invoice. Mail To: accounts Payable. City of Lubbock. P. O. Box 2000. Lubbock, Texas 7945-1. Payment shall not be due until the above instruments are submitted after deliver:. 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. gifts 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 Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending. or the making of any determinations with respect to the performing of such a contract In the event this contract is canceled by Buyer pursuant to this provision. Buyer shall be entitled. in addition to any other rights and remedies. to recover or withhold the amount of the cost incurred bw 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 tilling 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 identified by the Seller as such S. WARRANTY -PRICE. a. The price to be paid b% the Buyer shall be that contained in Seller's bid which Sella warrants to be no higher than Seller's current process on orders by others for products of the kind and specification cowered 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 Seller's current prices on orders by others. or in the altemat :e. Buva may cancel this contract without liability to Sella for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission. percentage, brokerage, or contingent fee excepting bona fide employees of bona Fide established commercial or selling agencies maintained by the Sella 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 otherwise recover the hell 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 furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the strnple(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions. the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the 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. software and firmware products delivered and services provided under this Contract, individually or in combination. as the case may be From the effective date of this Contract. The obligations contained heroin apply to products and services provided by the Seller. its sub- Sella or any third part im'olved 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 its rights trader 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 not subject to any disclaimer of warranty, implied or "pressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices. its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY Sella 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 Se0er's expense. In the event Seller fails to male the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buva 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 Sella 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 infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the sinning of this agreement. If Buyerdoes not receive notice and is subsequently held liable for the infringement or the like. Seller will save Buyer harmless. If Sella in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, 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 give Filch. m!.vr 0 ' Fe rf r: r7f -! ,.r9 fir (`! si, Ili1 t nit ^ P.i' C11.1r' h". r+ P ,1•t of Li. RIGHT OF INSPECI ION. Buyer shall have the right to inspect the goods at deliver: before accepting them. I4. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the unde:ivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller hecnmes insolvent or commim acts of hanknmtcv Such right of eancellarino is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 15. TERVIINATION. The performance of work under this ordermaybe 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 Sella 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 14. herein. 16. FORCE NIAJEURE. 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. 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 whollyvoid and totally ineffective for all purpose unless made in conformity with this paragraph. IS 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 mid is in writing signed by the aggrieved party. 19. 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 of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a tens defined by the Uniform Commercial Code is used in this agreement. the definition contained in the Code is to control. _0..APPLICABLE LAW. This agreement shall he governed by the Uniform Commercial Code Whereeva the term "Uniform Commercial Code' is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. _1 RIGHT 10 ASSURANCE. Whenever one party to this contract in good faith has reason to question the other parry's intent to perform ha 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 part' may treat this failure as an anticipatory repudiation of the contract. 2_. INDENLVIFICATION. Seller shall indemnify. keep and save harmless the Buyer, its agents. officials and employees, against all injuries. deaths, loss, damages. claims, patent claims, suits. liabilities, judgments. costs and expenses, which mac m anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whetha or not it shall be alleged or determined that the act was caused through negligence or omission of the Sella or its employees. or of the subSeller or assignee or its employees. if any% and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith. and, if any judgment shall be rendered against the Buyer in any such action. the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any 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. 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 Sella to be in default of this agreement. 24. MBE. The Ciro 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 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 reserres the right to exercise any right or rented} 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 right to seek judicial remedy. The remedies ser forth herein are cumulative and not exclusive. and maybe exercised concurrently. To the extent of am conflict between this provision and another provision in. or related to. this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter. the Cin. 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 sm ices 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 ofsuch overpayments within thirty (30) days of such audit findings, or the City. at its option, reserves the right to deduct such amounts owing the City from anv payments due Contractor. 27. HOUSE BILL 2015. House Bill _'Olt, signed by the Governor on June Id, 2013 and effective on January I. 2014. authorizes a penalty to be unposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to property classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. (Texas Government Code Section'_ 155.001). 23. 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, House Bill 1295, adopted by the 34th 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: httg_�v%�tiw ci Lubbock tx usdeoanmenml-websi arments: urch in�� yen pLin[�rr 1tl�tr� 30. CONTRACTOR ACKNOWLEDGES. by supplying any Goods or Services that the Contractor has read. fully understands, and will be in full compliance with all terms 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 between 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 no force or effect. 31 Bv accepting this purchase order, the Vendor verifies that it does not Boycott Israel. and anrees that during ii5211`?3 WLF_A quote for your consideration! Total: $98,436.38 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: 3000030189720.1 Oct. 24, 2018 Nov. 23,2018 10246025 16783750 Company name: Customer number: Phone: CITY OF LUBBOCK 1784159 (806) 775-2366 Sales rep information: Billing Information: Maria Porter CITY OF LUBBOCK Maria_Porter@Dett.com PO BOX 2000 (800) 456-3355 LUBBOCK Ext: 5138541 TX 79457-0001 Us (806) 775-2366 Pricing Summary Item GC-ProSupport 24X7 w/Priority onsite 4 HR SC420 - coterm 1-3 6 mo Storage Center Drive Certifica te, Customer Kit Dell Storage SC420 2.5 Enclosure - [deltstar_11728] Qty 14 Unit Price $66.00 14 $135.43 1 $95,616.36 Subtotal: Shipping: Environmental Fees: Non -Taxable Amount: Taxable Amount: Estimated Tax: Total: Subtotal $924.00 $1,896.02 $95,616.36 $98,436.38 $0.00 $0.00 $98,436.38 $0.00 $0.00 $98,436.38 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Page 1 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. �a+<s reo �.kir 1 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 Order this quote easily online through your Premier pie, or if you do not have Premier, using Quote to Order SKU Description Qty Unit Price Subtotal GC-ProSupport 24X7 w/Priority onsite 4 FIR SC420 - coterm 1-3 14 $66.00 $924.00 6 mo Estimated delivery date: Nov. 14, 2018 Contract No: 75AHH Customer Agreement No: DIR-TSO-3763 A8939859 GC-ProSupport 24X7 w/Priority onsite 4 FIR SC420 - coterm 14 1-3 6 mo SKU Description Qty Unit Price Subtotal Storage Center Drive Certifica te, Customer Kit 14 $135.43 $1,896.02 Estimated delivery date: Oct. 30, 2018 Contract No: 75AHH Customer Agreement No: DIR-TSO-3763 634-BENJ Storage Center Drive Certifica te, Customer Kit 14 SKU Description Qty Unit Price Subtotal Dell Storage SC420 2.5 Enclosure - [dellstar_11728] 1 $95,616.36 $95,616.36 Estimated delivery date: Nov. 6, 2018 Contract No: 75AHH Customer Agreement No: DIR-TSO-3763 210-AFTG SC420 Enclosure (add -on enclosure) 1 325-BCLH SC420 Bezel 1 403-BBKM Enclosure Mangement Module, Dual 1 770-BBJE Rack rail, 21-1s, Static 1 450-AEBJ Power supply, AC 600W, Redundant 1 340-AQPJ Dell SC420 Shipping, DAO 1 Page 2 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. 389-BEVH MD1420/SC420 Enclosure Regulatory Label, Mexico 1 332-1286 US Order 1 804-4936 Dell Hardware Limited Warranty 1 804-4939 Parts Ground Delivery 3 Years 1 806-2654 Pro Deploy Dell Storage SC Disk Series 400/420 2U Exp 1 Enclosure - Deployment Verification 821-5813 ProDeploy Dell Storage SC Disk Series 400/420 2U 1 Enclosure - Deployment 400-AIZN SC Enterprise Plus, 1.92TB, SAS, 12Gb, RI SSD, 2.5" 24 450-AADY C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord 1 450-AADY C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord 1 470-ABDN 12Gb HD -Mini to HD -Mini SAS cable, 0.5m 1 470-ABDN 12Gb HD -Mini to HD -Mini SAS cable, 0.5m 1 Subtotal: $98,436.38 Shipping: $0.00 Environmental Fees: $0.00 Estimated Tax: $0.00 Total: $98,436.38 Page 3 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682.