The URL can be used to link to this page

Home My WebLink AboutResolution - 2022-R0527 - PO 33100041 with Dell Marketing 12.13.22Resolution No. 2022-RO527 Item No. 5.26 December 13, 2022 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 33100041, for the purchase of IT Infrastructure Hardware, 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 13, 2022 ATTEST: Rebeqca Garza, City Sec t APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: Ryan Br6oke, Assistant City Attorney RES.PO 33100041-Dell Marketing LP 12.7.22 Lubboof ck PURCHASE ORDER TEXAS TO: DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 Page - 1 of 3 Date - 11/30/2022 Order Number 33100041 000 OP Branch/Plant 8646 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: jV Marta AlvareADrector of Purchasing & Contract Management Ordered 11/30/2022 Freight Requested 12/30/2022 Taken By D HEATH Delivery Per J Zhine / Req # 59605 Q#3000138103267.1/DIR-TSO-3763 If have any questions please contact Jay Zhine at JZhinena ma1LcLlubbock.txus or by phone at 806-775-2366 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Recoverpoint Nirtual Machines 8.000 .0100 EA .08 12/30/2022 #210-ARZC 5 Yr ProSupp Mission Critical. 8.000 EA 12/30 2022 Virtual Machines SW #865-3470 VxRail E660F All Flash vSAN 8.000 53,831.0000 EA 430,648.00 12/30'2022 Node #210-BBGQ 2.5" Chassis w up to 10 hard 8.000 EA 12/30/2022 drives -SAS/SATA #321-BGHI 5 Yr ProSupp Mission Critical 8.000 EA 12/30/2022 Tech Supp #878-0597 PwrEdge R650 Motherboard 8.000 EA 12/30.2022 iDRAC9 Entp #329-BFGW 385-BBQV 32GB RDHV M 3200MT: s Rual Rank 128.000 EA 12/30/2022 16Gb Base x8 #370-AGDS VxRail VMware VSAN Enterprise 16.000 EA 12/30/2022 1 Proc 5Yr # 149-BBLL #8234106 City of Y Lubbo& PURCHASE ORDER TO: DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 Page - 2 of 3 Date - 11/30/2022 Order Number 33100041 000 OP Branch/Plant 8646 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvaw24krector of Purchasing & Contract Management Ordered 11 /30/2022 Freight Requested 12/30/2022 Taken By D HEATH Delivery Per J Zhine / Req # 59605 Q#3000138103267.1/DIR-TSO-3763 ff you have any questions please contact Jay Zhine at JZhine(a�,maiLcLlubbock.t.-us or by phone at 806-775-2366 Description/Supplier Item Ordered Unit Cost UM Extension Request Date VxRail HCI Sys Software Memory 128.000 EA 12/30:'2022 32GB #634-BYME EMC PwrSwitch S5224F-ON, 24x 4.000 12,135.0000 EA 48,540.00 12/30/2022 25GbE SFP28 #210-APHT 5 Yr ProSupp Mission Critical 4.000 EA 12/30.2022 Tech Supp #818-5032 5 Yr ProSupp + OS 10 Enterprise 4.000 EA 12/30/2022 Software Supp #848-8542 Total Order Terms NET 30 DAYS 479,188.08 Page - 3 of 3 L j City of Date - 11 /30/2022 �; ubb& PURCHASE ORDER 'k Order Number 33100041 000 OP TEXAS Branch/Plant 8646 TO: DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta AlvaFeISVtrector of Purchasing & Contract Management Ordered 11/30/2022 Freight Requested 12/30/2022 Taken By D HEATH Delivery Per J Zhine / Req # 59605 Q#3000138103267.1/DIR-TSO-3763 INSURANCE REQUIRED: Commercial General Liability: $1,000,000 occurrence: $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Workers Compensation and EmDlover Liability: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1,000,000) is required with Workers Compensation. Commercial General Liability to include Products — Additional Policies: Completion/OP, Personal and Advertising Injury, Contractual Cyber Liability Requirements: $1,000,000 of coverage is Liability, Fire Damage (any one fire), and Medical Expenses needed for Cyber Liability (any one person). Technology Errors and Omissions Requirements: $1,000,000 per claim Automotive Liability: Combined Single limit for Any Auto - $1,000,000' occurrence as *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. This purchase order encumbers funds in the amount of $479,188.08 awarded to Dell Marketing LP of Round Rock, TX, on December 13 , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated November 30, 2022, from Dell Marketing LP of Round Rock, TX, and DIR Contract DIR-TSO-3763. Resolution # 2022-RO527 CITY OF K: Tray Pa or ATTEST: Retie Garza, City Secrets Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER CONTRACTOR ACKNOWLEDGES. by suonlvme any Goods or Services that the Contractor 1 understands. and will be in full comnhance with all terms and condnmom and the descriptive material a and any additional associated documents and Amendments. The City disclaims any terms and condrtio the Contractor unless aareed uoon in wtitinz-bythe a es In the event of conflict between the Ci 1 SELLER TO PACKAGE GOODS Seller 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) Consignce'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 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 tamers 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 provstons 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 11 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 0 Box 2000, Lubbock, Texas 79457 Payment shall not be due until the above instruments 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, 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 mcured 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 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 Seller's current prices on orders by others, or in the alternative Buyer may cancel this contract without Lability to Seller 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 Seller for the purpose of securing business. For breach of vicmaton 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 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 famished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) fumshed 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 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) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the eau may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the creationor developmnentof the productsand 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 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 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 in this Contract by reference 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 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 event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense 1 I 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 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 issued 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 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 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 nonappropnatmon 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 fir If atany 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 such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of temunatmon 13 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery before accepting them 14 CANCELLATION Buyer shall have the right to cancel for default all or any par 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 in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Nonce 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 MAJEURE Neither party shall be held responsible for losses, resulting if the fulfillment of any tems 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 wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 18 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 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 terns 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 control. 20 APPLICABLE LAW This agreement shall be governed by the Unform Commercial Code Wherever the tens "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. 21 RIGHT TO ASSURANCE Whenever one party to this contract in good faith has reason to question the other parry'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 22 INDEMNIFICATION 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 may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywmse 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 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 therefom of incurred in connection therewith, and ifany judgment shall be rendered against the Buyer many 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 Seller to be in default of this agreement 24 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 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 reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without Imitation, 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 set forth herein are cumulative and not exclusive, and may be exercised concurrently To the extent of any conflict between this provision and another provision in, or related to, this documem, this provision shall control. 26 RIGHT TO AUDIT At any time during the term of the contract, or thereafter, the City, 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 Contractor's records and books relevant to all services 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 C ity the full amour of such 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 any payments due Contractor 27 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 28 Contracts with Companies Engaged in Business with Iraq Sudan, or Foreign Terrorist Organization Prohibited Pursuant to Section 2252 152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29 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 ha,:,wwwci.Iubbackrxusde_vartmcmal- websn o4`idZmammts/nmchasmmalvendpr-:mformamon 30 No Boycott of Israel Pursuant to Section 2271 002 of the Texas Goverment Code, Respondent certifies that either (m) it meets an exemption criteria under Section 2271.002. or (it) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any fats that nuke it exempt from the boycott certification in is Response 31 No Boycott of Energy Companies Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (m) it meets an exemption criteria under Section 2274 002, or (it) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response 32 No Boycott of a Firearm Entity or Firearm Trade Association Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption enters under Section 2274 002, or (a) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in is Response. 33 Contracts with Companies Engaged in Business with Iraq Sudan. or Foreign Terrorist Organization Pmhmbned. Pursuant to Section 2252 152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iraq Sudan or a foreign terrorist organization 34 TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J. Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter 35 Pursuant to Section 552 301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an emailed request gr..,rmi uhhgck yc Please send this request to this email address for it to be processed 15 TERMINATION The performance of work under this order may be terminated in whole, or in part by the Buyer REV 3/2022 DOLLTechnologies A quote for your consideration Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we've created to help you with your purchase decision. To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order. Quote No. Total Customer # Quoted On Expires by Contract Name Contract Code Customer Agreement # Solution ID Deal ID 3000138103267.1 $479,188.08 1784159 Nov. 30, 2022 Dec. 30, 2022 Texas Department of Information Resources (TX DIR) C000000O06841 TX DIR-TSO-3763 17062005.1 14780458 Message from your Sales Rep Sales Rep Cory Cothran Phone (800) 456-3355, 6180071 Email Cory_Cothran@Dell.com Billing To ACCOUNTS PAYABLE CITY OF LUBBOCK PO BOX 2000 LUBBOCK, TX 79457-0001 Please contact your Dell sales representative if you have any questions or when you are ready to place an order. Thank you for shopping with Dell! Regards, Cory Cothran Shipping Group Shipping To JAY ZHINE CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVE K - BASEMENT LUBBOCK, TX 79401 (806) 775-2366 Solution Name: VxRail and Switches Product Shipping Method Standard Delivery Recoverpoint for Virtual Machines - AMER Install At JAY ZHINE CITY OF LUBBOCK 1314 AVE K - BASEMENT CITY OF LUBBOCK INFO TECHNOLOG LUBBOCK, TX 79401 (806) 775-2366 Unit Price Quantity $0.01 8 Subtotal $0.08 Page 1 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 VxRail E660/F/N -AMER PowerSwitch S5224-ON - [AMER_S5224-ON_12925] (site 1) $53,831.00 8 $430,648.00 $12,135.00 4 $48,540.00 Subtotal: $479,188.08 Shipping: $0.00 Environmental Fee: $0.00 Non -Taxable Amount: $479,188.08 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $479,188.08 Page 2 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 Shipping Group Details Shipping To Shipping Method Install At JAY ZHINE Standard Delivery JAY ZHINE CITY OF LUBBOCK CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVE K - BASEMENT 1314 AVE K - BASEMENT CITY OF LUBBOCK INFO LUBBOCK, TX 79401 TECHNOLOG (806) 775-2366 LUBBOCK, TX 79401 (806) 775-2366 Solution Name: VxRail and Switches Quantity Subtotal Recoverpoint for Virtual Machines - AMER $0.01 8 $0.08 Estimated delivery if purchased today: Dec. 15, 2022 Contract # C000000O06841 Customer Agreement # TX DIR-TSO-3763 Description SKU Unit Price Quantity Subtotal On -Site Installation Declined 900-9997 - 8 - Recover Point for Virtual Machine 210-ARZC - 8 - HCIA RecoverPoint for VMs for 1 node 142-BBNV - 8 - 5 Years ProSupport Plus Mission Critical RecoverPoint for Virtual 865-3470 8 - Machines Sftwr Spt-Contract Quantity Subtotal VxRail E660/F/N -AMER $53,831.00 8 $430,648.00 Estimated delivery if purchased today: Dec. 18, 2022 Contract # C000000O06841 Customer Agreement # TX DIR-TSO-3763 Description SKU Unit Price Quantity Subtotal VxRail E660F, All Flash 210-BBGQ - 8 - PSNT Info 329-BDWH - 8 vSAN Node 379-BENB - 8 - VxRail E660/F/N PV670F Firmware Lock 384-BDFH - 8 - VxRail Software 7.0.370 Factory Install 634-BZPQ - 8 - No Transformational License Agreement 379-BDYQ - 8 - 2.5" Chassis with up to 10 Hard Drives (SAS/SATA) including max of 321-BGHI 8 - 4 Universal Drives, 3 PCIe Slots, 2 CPU VxRail 1 U Bezel V2 325-BEBP - 8 - Intel Xeon Gold 5317 3G, 12C/24T, 11.2GT/s, 18M Cache, Turbo, HT 338-CBWN 8 (150W) DDR4-2933 Intel Xeon Gold 5317 3G, 12C/24T, 11.2GT/s, 18M Cache, Turbo, HT 338-CBWN 8 - (150W) DDR4-2933 Additional Processor Selected 379-BDCO - 8 - 3200MT/s RDIMMs 370-AEVR - 8 - Broadcom 57504 Quad Port 10/25GbE,SFP28, OCP NIC 3.0 540-BCRX - 8 - Trusted Platform Module 2.0 V3 461-AAIG - 8 - Cable Management Arm 770-BDMT - 8 - Page 3 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129. Round Rock, TX 78682 ReadyRails Sliding Rails Without Cable Management Arm or Strain 770-BECD 8 Relief Bar Dual, Hot -plug, Redundant Power Supply (1+1), 1400W, Mixed Mode, 450-AIQZ 8 NAF VxRail E660F Branding 329-BHKC - 8 Dell Hardware Limited Warranty 878-0138 8 Prosupport Plus Mission Critical 4-Hour 7x24 Onsite Service with 878-0593 8 Emergency Dispatch 2 Years Extended Prosupport Plus Mission Critical 4-Hour 7x24 Onsite Service with 878-0594 8 Emergency Dispatch 3 Years Prosupport Plus Mission Critical 7x24 Technical Support and 878-0597 8 Assistance 5 Years Thank you for choosing Dell ProSupport Plus. For tech support, visit 951-2015 8 //www.dell.com/contactdell Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 8 ProDeploy Plus No Charge Training 200 812-4011 - 8 ProDeploy Plus Dell EMC VxRail Deployment 819-2575 - 8 ProDeploy Plus Dell EMC VxRail Deployment Verification 819-2576 - 8 R650 Dell/EMC label (BIS) for 2.5" Chassis 343-BBQY 8 PowerEdge R650 CE Marking, No CCC Marking 389-DYHY - 8 SAS/SATA/NVMe Capable Backplane 379-BDSW - 8 E660/F Shipping, DAO 340-CWLR 8 R650 Ship 4x3.5, 10x2.5, 8x2.5 NVMe 340-CUQN 8 10x2.5 Front Storage 379-BEID - 8 VxRail E660/F, Riser Config 0, 2CPU, 2A+3A, 2x16LP, 1x8LP 330-BBVV - 8 PowerEdge R650 Motherboard with Broadcom 5720 Dual Port 1Gb 329-BFGW - 8 On -Board LOM Heatsink for 2 CPU configuration (CPU less than or equal to 165W) 412-AAVP - 8 Performance Optimized 370-AAIP - 8 C35, No RAID, VxRail E660/F 780-BCQQ - 8 Dell HBA355i Controller Front 405-AAXY 8 Front PERC Mechanical Parts, rear load 750-ACFQ 8 BOSS-S2 controller card + with 2 M.2 480GB (RAID 1) 403-BCMB - 8 BOSS Cables and Bracket for R650 403-BCNP - 8 iDRAC9, Enterprise 15G 385-BBQV 8 iDRAC Group Manager, Disabled 379-BCQY 8 iDRAC,Legacy Password 379-BCSG - 8 DHCP with Zero Touch Configuration 379-BCRB - 8 4 High Performance Fans for 2 CPU 750-ADIH 8 No Quick Sync 350-BBXM 8 No Systems Documentation, No OpenManage DVD Kit 631-AACK - 8 No Energy Star 387-BBEY - 8 UEFI BIOS Boot Mode with GPT Partition 800-BBDM 8 E660F Luggage Tag 350-BCFX - 8 Page 4 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 32GB RDIMM, 3200MT/s, Dual Rank 16Gb BASE x8 370-AGDS 80OGB SSD SAS ISE Mix Use 12Gbps 512e 2.5in Hot -plug AG Drive, 400-AZQO 3 DWPD, 3.84TB SSD SAS ISE Read Intensive 12Gbps 512 2.5in Hot -plug AG 400-AXPE Drive, 1 DWPD, Broadcom 57414 Dual Port 10/25GbE SFP28 Adapter, PCIe Low 540-BDGV Profile, V2 C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m) Power Cord, North America 492-BBDI Dell Networking, Cable, SFP28 to SFP28, 25GbE, Passive Copper 470-ACEV Twinax Direct Attach Cable, 3 Meter VxRail VMware, vSAN Enterprise, 5 Years 149-BBLL VxRail HCl System Software, E 634-BYPD VxRail HCI System Software, Capacity Drive 3.84T6 SAS, SSD 634-BRIL VxRail HCI System Software Memory, 32GB 634-BYME ProSupport Plus Mission Critical, vSAN, Enterprise, 1 Processor, 5 823-4106 Years PowerSwitch S5224-ON - [AMER _S5224-ON_12925] (site 1) Estimated delivery if purchased today: Mar. 23, 2023 Contract # C000000O06841 Customer Agreement # TX DIR-TSO-3763 Description SKU Dell EMC S5224F-ON Switch, 24x 25GbE SFP28, 4x 100GbE 210-APHT QSFP28 ports, PSU to 10 air, 2x PSU Dell EMC S52XX-ON Series User Guide 343-BBLP OS10 Enterprise, S5224F-ON 634-BRWJ Dell Hardware Limited Warranty 1 Year 818-4983 ProSupport Plus:Mission Critical 4-Hour 7x24 On -Site Service with 818-5025 Emergency Dispatch,l Year ProSupport Plus Mission Critical:7x24 HW/SW Technical Support and 818-5032 Assistance, 5 Years ProSupport Plus:Mission Critical 4-Hour 7x24 On -Site Service with 818-5033 Emergency Dispatch, 4 Years Extended Thank you for choosing Dell ProSupport Plus. For tech support, visit 951-2015 //www.dell.com/contactdell Dell Limited Hardware Warranty Extended Year(s) 975-3461 Info 3rd Party Software Warranty provided by Vendor 997-6306 ProDeploy Plus Dell Networking S Series 5XXX Switch - Deployment 804-2152 ProDeploy Plus Dell Networking S Series 5XXX Switch - Deployment 804-2153 Verification ProDeploy Plus No Charge Training 500 812-4037 5 Years ProSupport Plus OS10 Enterprise Software Support- 848-8542 Maintenance Dell Networking Cable, 100GbE QSFP28 to QSFP28, Passive 470-ABOU Copper Direct Attach Cable, 0.5 Meter Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US 450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US 450-AASX 128 16 48 8 16 48 - 16 - 16 - 48 - 128 16 Quantity $12,135.00 4 Unit Price Quantity 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Subtotal $48,540.00 Subtotal Page 5 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129. Round Rock, TX 78682 Subtotal: $479,188.08 Shipping: $0.00 Environmental Fee: $0.00 Estimated Tax: $0.00 Total: $479,188.08 Page 6 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 Important Notes Terms of Sale This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote ("Supplier") and the entity to whom this Quote was issued ("Customer"). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to Tax_Department@dell.com or ARSalesTax@emc.com, as applicable. Goveming Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer's affiliate and Supplier or a Suppliers affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell's Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the "Governing Terms"). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier. Supplier Software Licenses and Services Descriptions: Customer's use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eu[a Descriptions and terms for Supplier -branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/prod uct-warra nty-and-service-descriptions. htm Offer -Specific, Third Party and Program Speck Terms: Customer's use of third -party software is subject to the license terms that accompany the software. Certain Supplier -branded and third -party products and services listed on this Quote are subject to additional, specific terns stated on www.dell.com/offedngspecificterms ("Offer Specific Terms"). In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer -specific terms in a written agreement with the end - user and provide written evidence of doing so upon receipt of request from Supplier. In case of Financing only: If Customer intends to enter into a financing arrangement ("Financing Agreement") for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre -approved by Supplier ("FS"), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer's use (and Customer's resale of and the end -user's use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier. Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier's compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement. For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer's invoice. Supplier encourages customers to dispose of electronic equipment properly. Electronically linked terms and descriptions are available in hard copy upon request. ^DELL BUSINESS CREDIT (DBC): Offered to business customers by WebBank, who determines qualifications for and terms of credit. Taxes, shipping and other charges are extra and vary. The Total Minimum Payment Due is the greater of either $20 or 3% of the New Balance shown on the statement rounded up to the next dollar, plus all past due amounts. Dell and the Dell logo are trademarks of Dell Inc. Page 7 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682