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HomeMy WebLinkAboutResolution - 2018-R0427 - PO With Dell Marketing - 12/06/2018Resolution No. 2018-RO427 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. 33001120 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,?01_8 Y DANIEL. M. POPE, MAYOR ATTEST: Rebecca Garza, iVity ISecretary APPROVED AS TO CONTENT: Mark Ye oo , Assistant ity Manager APPROVED AS TO FORM: R.y Br ke, <ssistant City Attorney ccdocs/RES.—PurchaseOrd 33001 120 - Dell Marketing LP November 14, 2018 f l City of WLubbock TExas TO: PURCHASE ORDER DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 SHIP TO: Page - Date - Order Number 1 11/14/2018 33001120 000 OP 410 CITY OF LUBBOCK INFORMATION TECHNOLOGY 1611 1 OTH STREET LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY . Marta I� ar z, Director of Purchasing & Contract Management Ordered 11/14/2018 Freight Requested 12/13/2018 Taken By J MONTES Delivery Per J Zhine / Req # 53038 Q#1025782026906.1/DIR-TSO-3763 DescriptioniSupplier Item Ordered Unit Cost UM Extension Request Date VMC on AWS ELA 1.000 121,457.5000 EA 121,457.50 12/13/2018 Total Order Terms NET 30 121,457.50 This purchase order encumbers funds in the amount of $121,457.50 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-RO427__ City of Leib Daniel M. Pope, Mayor TFST: Rebecca Garza, C4 Secretary Seller and Buyer agree as follows: x Un%.-n:»c, VMVEM TER-NIS AND CONDITIONS INIPORTA.\T: READ CAREFULLY STANDARD TERMS AND CONDITION'S CITY OF LUBBOCK, T\ 1. 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 came and address. (b) Consignee's name, address and purchase order or purchase release number and the supply agreement aumber if applicable. (c) Container mother and total number of container, e.g. box I of 4 boxes, and (d) the number of the container hearing 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 carrier and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. '_. SFBP`iflT L'N-DER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill o f lading will operate as a tender cf 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 goads at the point or points of delivery. 4. NO REPLACENIENT OF DEFECTIVE TENDER. Every tender of deli, ery of goods must fulh compl% with all provisions of this contract as to time of delivery. quality and the Like, If a tender is made which dos not fully conform. this shall constitute a breach and Seller shall not have the right to substitute a conforming tender. provided. %vhae the time for parformance has cot yet expired. the Seller may reasonably aotify Bu;.e' of his intention to cure and may then make a conforming tender within the contract time but not aEervard. 5, rN'VOICES & PAYNIE\?S 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 transronarcn charges. if any. 5hall be listed separately A copy of the bill pf lading. and the &eight waybill when applicable. shou:d be attached to the invoice. Mail To. Accounts Payable. City of Lubbock. P. O Box 2000. Lubbock. Texas "9457 Payment shall not be due until the above instriments are submitted after deliver. 6 GRATUITIES. The Bmcr may_ by winner, notice to the Sella. cance! this contract without liability tc SdIler if it is determined by Buyer that gratuities. in the Form of etuertainment. gifts or otherwise. were offend or given by the Sella. or any agent or representarve of the Seder. to an% officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatrv'at with respect to the awarding or amending. or the making of arty deterninati'ns with respect to the perfornbtg of such a cortnc In the e%ert this contract is canceled by Buyer pursuant to this troy sica. Beer shaG be entitled- ice. addiren to ary other rights and remedies. to reco%er or withhold the amount cf the cos inured ov Seller it. providing such z arlit;es. SPECIAL TOOLS & TEST EQLIPMENT I: the price st eel on the face haeof mciuds the cost of a. special tooling err special test equipment fa,ricate_4 or required b Seiler G^ the purpose of E1;to4 ills order. such special mohna equipment and any process sheets re:atrd iha. o shall l—,me he prare^: of the Buyer and ill the extent feasible shall be identin"c•_' bt. the Seiler as such S \XARRANTY-PRICE. a. The Iprice to be paid by the Buser shall be that c—tained an. Seta's bid which Sella warrants to be no hither than Sellers current proves, or, orders by others for products of the kird and specification covered by this agreement fur similar quantities under similes of like conditionq and methods of purchase In the event Seller breaches this warranty. the prices of the itemi shall be reduced to the Sella's current prices cc order by others. or in the altevatne Buyer ma•. cancel this contract without liability to Seller for breach or Seller's actual expettie b. The Seiler warar!s that no person or selling a_•ency has beta employed or retained to solicit or secure this contract upon art auraemem or undastanding for commission. percentage, brokerage, or contingent fee e.xceptng bona fide employees of bona fide established Comm vial or selling agencies maintained by the Sella far the purpose of securing business For breach of vitiation of this warranty the Silver shall have the right in addition to an•. other right of rights to cancel this contract without liability and to deduct from the contruc'. price, or of h—mse recover without liabilit: and t deduct Bum the cao:ract price. or otherwise recover the rud amoart of Stich commission. percentage. brokamg or contingent Fee 9. WARRANTY -PRODUCT Seller shall not limit or ex.lude an;. implied warranties and any attemct to do so shall render this contract voidable at the option of the Boyer Seller warrants that the goads fumished will conform to the stecification. drmrnes. and dscriptions listed in the bid iry-itatien. and to the sample(;) furnished by the Seller. if any In the event of a conflict or bemme the srccilicitons. drawings. and descnptiors. the specifications shall go%'em. Notwithstaridina any pra%umns contained in the contractual agreement, the Sella represents and warrants fault -free performance and fault -free result it, the processing date and date related data (including. but not limited to calculating, compann_z and seque-ung) of all hardware. software and f-ni the pmduc:s de!i-.-ered and services provided under this C.oetr ct. indi. ilua!l% or to combination, as the case ma, Fie from the of etice date of this Contracn Tha ubii aeors ;,7.7av:e.l her:'.n appi•. to products and Ser. tees provided b% the Seller. its sub- Seller or an, third parry in,ol%ed m the creation or de%elopmert of the products and ser.:ces to be delivered to the City of Lubbock under his Coe:ract Failure to comply with any of the obligarors contained herein. may result in the Cm. of Lubbock availing itself of anv of its rghu under the lav, and under this Contract including. but not limited to. its rga pertaining to termination or default. The w-arramis contained herein are separate and discrete from erry other warranties specified in this Contract. and are not subject to any disclaimer of warranty, implied or expressed. or limitation of the Seller's liability which may be specified in this Contract, its appendices. its schedules. its annexes or any document incorporated h this Contract by reference. 10. S.kFETY WARRANTY Sella warrants that he product sold to the Buyer shall conform to the standards promulgated''a% the U. S. Department of Labor under the Oceuvatora! Safet% and Health Act of 19-0, In the event the product dos act conform to OSHA standards. Buyer mad. return the product for connection 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 Sef]a's expense. 1 I. NO WAR -kNTY BY BUYER AGAINST INFRINGEMENTS, As pan 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 third person by way of infringement of the like. Buyer makes no w'arrmty that the production of goods according to the specification will act give rise to such a claim, and in no event shall Buyer be liable to Sella for indemnification in the event that Sella 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 signing of this agreement. If Buyer dos not receive notice and is subsequemly held liable for the infingement or the like. Sellerwill save Buyerharmless. If Seller 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. I'_. NON APPROPRIATION. All funds for payment by the City under this contract are subject to Life availability arm annual appropriation for this purpose by the City. In the event of oonappropriation 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 otber liability. on the last day of the then -current fiscal year or when he appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs Erst. If at any time funds are not appropriated for he continuance of this contract. cancellation shall he accepted by the Sella on thirty (30) days prior written notice, but failure to give sprit ;h, t h o_ nt, ­4 tin•, r:.. s!-- ! r,F. nb!t ra v nag• ibis r My -' Pr. . rr .' I: is :!II (iE I%.: !':: it ". ditty.. �:! .. r':;,...- ,... _ .. i•::_.. theirs. 14. CANCELLATION. Bu}er shall have the nght :o cancel for defau:t all or any par of the urdehveted portion of this order if Sella breaches any of the torts hereof including -mantis or Sella or a he Seiler hecomec incnivem or commits ens nr bankmntry Such right or cancella:ion ,c in iddirien rn and not in lieu of any other remedies which Buyer may have in lays or equity. 15. TERMINATION. The performance ofwork 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 act in lieu of the rights of Buyer set forth in Clause 14. herein. 16. FORCE %WELRE. Neither party shall be held responsible for losses. resulting if the fulfillment army terms of provisions of this contract is delayed or prevented by any cause not within the control of the pain 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 wholly void and totally ineffective for all purpose unless made in conformitvwitb this paragraph. - I9. NVAIVER. No claim or right arsing out of a breach of this contract coil be discharged in whole or in par•. by a waiver or renunciation of the claim or right unless the waiver or requnciatian is supported by consideration and is in writing signed by the aggrieved party 19. INTERPRETATION -PAROLE EVIDENCE- This wrtum. plus act.;, specifications for bids and performance provided by Buyer in its adNa;sement Far bi& and any other docurnents provided by Selle: as part of his bid. is intended by the parties a foal eye, ressip r, of toes agreemeat and intended also as a complete and exclusive statement of the tams of theta agreement Whaie%er a term defined by the Uniform Commercial Code s used in this a__r:.-ment. the definition contained in the Cede is to control. '_t) APPLICABLE LA%t This a_rcemem shall be zp%erred by the Uniform Coma ercial Cade Wheree•:er the tern, i Uni ern Cotnmacial Code" is used. it shall be construed as meaning the Uniform Commercial Code si adopted in the Slate of Texas as effectivt and to force on the date of this agreement '_1 RIGHT TO ASSURANCE 16hcr,e,er one par.;. to this contract in good faith has reason to question the other party s intent to paf_:rm he ma•. demand :Sat the other party give wCrerl assurance of his irtrnt t: perform. In the event that a demand is made arid no assurance ,s _i%er, within fine (5) days. the demandm party ma, treat this failure+, an am:dpa!,r. r.tu_:z!:o7 ;:hc: r..,_v. [NDE. CQFICATION' Sdiershal! indemni`.. ke-r and sane harmless the Buyer. its __ants. off.cia!s and emple}ces, against all ut!'ints, deaths. lox,. dnarages. _:aims. pal.:u claims. suit,. liabilities. judgments. costs and expenses, which may an anywise acme asainst!:e But er in corsequencr , f the Loam' of :his r_ Can ct or which ma, airy;vise result therefrom, v,bo:her -r not it shall be al:cool or determined that the act 1u as caused throus negli -once or omission of the Sell--- or its emplo%ees or of the subSel.a or assigaeL or its employees. if am•. and the Sella shall, at his own expense. appear. detnd and pay all charges of attume%S and all costs and other expenses arising tbereftom of incurred in rnnnectioa there.%ith, 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 Sella expressly understands and agrees that an, band required by this contra';, or otherwise provided by Seller. shall in no wa. limit the raporsibiliv. to indemnify, ke r and saveharmless and defend the Buyer as herein pro%ided _3 TI1(E. It is hereby expressly a3reed and understood that tune is of ibe essence for the performance of this contract, and failure by contract to meet the lathe specifications of this aereemeat will cause Sella to be in default oFthis agreement 24 MBE The City of Lubbock hereby notifies a:1 bidders that in re_ard to any contract entered into pursuant to this request. minorir, and women bus:ress en:crtrises will be act vrded equal opportunities to submit bids in response to this in, nation and coil: cut be discriminated against on the grounds of race, color, sex or natural origin in consideration for an eword 25 NON -ARBITRATION The City rener, es the r._ht to exercise any nght or rcmred;, to it by law. contract. equity. or otherwise. including without limitation. tine right to seek any and all forms of relief in a tour of competent jurisdiction Further. the City shall net be subst to any arbitration process prior to exercising its unrestricted right to seekjudicial reined;.. The ton ed:es set forh herein are cumulative and net exclusive. and mac be exer.ised concurrently To the ext nt of err. cnr P:,ct he! ego the provision and another pry isirn in, or rr!ated to thus document. this pro, iiwn shall .gin:: 1 RIGHT TO AUDIT At an,. tune dur.r.0 the term of the c.,r.:rac:, or thaea@a. the City. or a dul% auther.ed audit representative of the City or the Sia:e of Texas. at its expense and at reasonable tithes, rserres the right to audit Contractors records and bcaks reievan: to all s-nices provided to the City under this Contract. In the event such an audit by the Cir. re-a!s an, error or overpayments by the Cit. Contractor shall refund the City the full amount of such o%erayments within thirty (30) days of such audit findings. or the City, at its option, reser%es the right to deduct such amounts owing¢ the City Cram any payments due Contractor. HOUSE BILL '_015 House Bill 2015. sieved b% the Go,ernor on June H. 2013 and effective on January 1. ]014. authorizes a penalty to he imposed on a pcsen who .ontracs for certain services with a governmental entity and who fails to propah classify thew work , This applies to subcontractors as well. Contractors and subcontractors who fad to properly classify indMduas per:ormmg work under agovernmental contract will be penalized S_00 for each individual that has been miscssificd. (Texas Government Code Section' 155.001) 2_3 ASS IGNTNG OR SL13L MING 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 shaft insure he Subcontractor or shall provide proof oo insurance from the Subcontractor that complies with all contort 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 2752.908 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: ham: wwwci lubbcck-x us devinmental-wehsite5 departments purchasing �_e Qr-informs; 30. CONTRACTOR ACICgOWLEDGES, 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 Ciry disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the panic. 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 oo force or effect. 31 By accepting this purchase order. the Vendor verifies that it does not Boycott Israel. and agrees that during fet--Q 530.E DkLr° A quote for your consideration! Total: $ Based on your business needs, we put the following quote together to help with 121,457.50 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: 1025782026906.1 Nov. 13, 2018 Dec. 21, 2018 Company name: Customer number: Phone: CITY OF LUBBOCK 1784159 (806', 775-2366 Sales rep information: Billing Information: George Suliin CITY OF LUBBOCK George_Suliin@Delt.com PO BOX 2000 (800) 456-3355 LUBBOCK Ext: 5132226 TX 79457-0001 US (806) 775-2366 Pricing Summary Item Qty Unit Price Subtotal VMC on AWS ELA 1 $121,457.50 $121,457.50 Term: 1 Year Subtotal: $121,457.50 Shipping: $0.00 Environmental Fees: $0.00 Non -Taxable Amount: $0.00 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $121,457.50 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Page i © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Shipping Group 1 Shipping Contact: RECV DEPT SKU AA419413 Description Shipping phone: (806) 775-2366 VLA VMWARE-ELA Contract No:75AHH Customer Agreement No: DIR-TSO-3763 VMC on AWS ELA Term: 1 Year SPP Credits - 1250 Shipping via: Shipping Address: Standard Delivery CITY OF LUBBOCK 1611 10TH ST LUBBOCK TX 79401-0000 US Qty Unit Price Subtotal 1 $121,457.50 $121,457.50 Subtotal: $121,457.50 Shipping: $0.00 Environmental Fees: $0.00 Estimated Tax: $0.00 Total: $121,457.50 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 1of1 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. 2018-425426 Dell Marketing, L.P. Round Rock, TX United States Date Filed: 11/14/2018 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. 14404 VMware Licenses 4 Name of Interested Parry 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) _ J 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. 2018-425426 Dell Marketing, L.P. Round Rock, TX United States Date Filed: 11/14/2016 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. 14404 VMware Licenses 4 Name of Interested Pa Party City, State, Count lace of business ty, Country (p ) Nature of interest (check applicable) Controlling I Intermediaiy 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 1 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Williamson Texas 14 November 18 Executed in — Uxunty; 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