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Home My WebLink AboutResolution - 2023-R0273 - PO 33001734 with Dell Marketing 5.23.23Resolution No. 2023-RO273 Item No. 5.35 May 23, 2023 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 33001734, for the purchase of 125 desktop computers and related warranties, service, and equipment, 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 May 23, 2023 A EST: Courtney Paz, City Secr ary APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: Senior Assistant City Attorney --S.PO 33001734-Dell Marketing LP 12.23 �!� I City of Kubwcx TEXAS PURCHASE ORDER TO: DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 Page - 1 Date - 5.I1/2023 Order Number 33001734 000 OP Branch/Plant 3410 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCI,, TX 79457 BY: Marta Alvarez, DIrCC of Purchasing & Contract Management Ordered 5/11/2023 Freight Requested 6/30/2023 Taken By D HEATH Delivery Per J Zhine / Req # 60258 Q#3000150714467.1/DIR-TSO-3763 If you have any questions please contact Jay Zhine ai JZhin aiGci.lubbock.twus or by phone at 806-775-2366 Description,'Supplier Item Ordered Unit Cost UM Extension Request Date OptiPlex 3000 SFF i5-12500 16G 125.000 772.0000 EA 96,500.00 6/30/2023 512GB SSD #210-BCSW Dell Ltd WatrantyPlus 4 Year 125.000 EA 6!30/2023 #803-9583 #975-3462 CFI Routing - Connected Config 125.000 EA 6 30 2023 4365-0257 9365-0931 Total Order Terms NET 30 DAYS 96.500.00 Thii purchase order encumbers funds in the amount of $96,500.00 awarded to Dell Marketing, LP of Round Rock, TX, on May 23 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated April 19, 2023, from Dell Marketing, LP of Round Rock, TX, and Department of Information Resources Contract DI R-TSO-3763. Resolution # 2023-R0273 CITY OF LU 7: Tray Payn 7 r £ST: rLzr- M-t4—ney' Paz, City SecUWT— W-- Rev. 3/2012 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER_ Q)3 MRACTOR ACKNOWLEDGES. by sumDlvine any Goods OLSer ices ihnt the Contract uaderctands. And will be in full colimliance with all lams and conditions end the dasemotive materi and any additional z ciated documents and Amendments. The City disclaims any terms and corn the Contractor unless agreed boon in wrilind:-by-lbr-oanies. In the event of conflict between tit orevait me terms anti conanons n,ovtaea nernn are to noel terms aereeo coon ov me oantes_ anal anx_nrinr wnt]tctmv rarms shall be of w force nr effect l SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice Each shipping container shoji be clearly and permanently marked w follows (a) Setter's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable. (c) Conlarer number and total number of containers, e.g box 1 of 4 boxes, and (d) the number or the container hearing the packing slip. Seller shall haw cost of packaging unless oihamse provided- Goods shall be suitably packed to secure lowest irmsportason costs and to conform with requirements of common earners mid 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 tide and risk of loss of the broods shall not pass to Buyer until Buyer actually receives and takes possession of the goods a the point or points of delivery, 4. NO REPLACEMENT OF DEFECT! VE 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 lender. 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 conformin,. tender within the contract time but not afterward. S. INVOICES & PAYMENTS. a. S e I I e r shall submit separate invoices, in dup.icale, 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 79457. Payment shall not be due until the above instrunrnts are submimed after delivery. 5. GRATUITIES. The Buyer may, by writen notice to the Seller, cancel ihis contract without liability to Seger if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or arty agent or representativeof the Seller, to any ofJictr 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 mak'ng 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 shal. be rntitla in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such graluities. 7 SPECI AL 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 shoats reaed thereto steal 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 hid which Seller warrants to be ro higher than Seller's current process on orders by others fo- products of the kind and specification covered by this agreement for similarquantities 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 altemauve Buyer may cancel this contract without Lability to Seller for breach or 5e1ler's actual expense. b. The Seller warrants that w 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 commercialor sellingagencies maintained by the Seller for the purpose of securing business. For breach of viciaton of this warranty ill* Buyer shall have the tight in addition to any other tight of nghas to cancel this contract without Lability 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 ufsuch commission. percentage, bmkcrageor contingent fee 9 WARRANTY -PRODUCT Seller shall not limit or exclude any implied warranties and any mempt to do so shall render this conirw voidable at the opion of the Buyer Seller warrants that the broods furnished will conform to the specification, drawings, and descriptions hated in the bid invitation, and to the samples) Turn shad by the Seller. d any In the event Of a conflict or between the spec ficatons, drawings, and descnplons, the spenfrcauons shall gowns Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -fee result in the processing date and date related data (including, but not limited to calculating, cerrparing 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 herein apply to products and services provided by the Seller, its sub- Seller or any thud parry involved in the creation or dovelopmentofihe producisand services to be delivered to the City of Lubbock under this Contract Fat ore to comply with any of the obligations contained hartut. may result in the City of Lubbock ova ling itself of any of its tights under the law and under this Conran including, but not limited to, its right pertaming 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 disc aimer of warranty, implied or expressed or limilation of the Seller's -iabihly which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Conlract by reference. IO_ 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 room the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable lime, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for We Set err agrees Io ascertain whether goods manufactured in accordance with the specifications attached to Ibis agreement will give rise to the righlful claim of any third person by way of infringement of the like. Buyer makes no warranty that the production ofgoods according to the specification will rot give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after The signing ofthis agreement. If Buyer does not receive notice and is subsequently held -iable 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 thiscontran are subject to the availability of m annual appropriation for ill's purposc by the City, In the event of nonappropriation of funds by the City Comet 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 liabi ity, on the last day of the then -current fiscal yew 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. I fat 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 such notice shall be of no elect and the City shall not her obligated under this contract beyond the date of lamination. 13 RIGHT OF INSPECTION. Buyer shall have the right to inspect the broods at delivery before accepting them 14 CANCELLATION Buyer shall have the right to cancel for default all or any pan of the undelivered portion of this order if Seller breaches any of the tense hereof mcludm,, 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 el7wed 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 Fight or [emanation is in addition 10 and not in lieu of the rights of Buyer set frnh in Clause 14. herein 16, FORCE MA3EURE. Neither parry shall be held responsible for losses, resulting if the fulfillment of any lerms 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 del igence said parry is unable to prevent. 17 ASSIGNMENT' DELEGATION No right or nitereal in this contract shall be assigned or delegation of any obligation made by Seller without the wrilttn permission of the Buyer Any attempted assignmmm 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 ansmg out of a breach of this contraci can be discharged in whole or in pan by a waiver or renunciation of the clam or right unless the waiver or renunciation is supported by wnsidenown and is in writing signed by the aggrieved pony 19. INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications for bids and performance provided by Buyer in its advemsement for bids, and any other documents provided by Sailer as pan 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 term defined by the Uniform Commercial Code is used in this agreemem, the definition contained in the Code is to control. 20 APPLICABLE LAW. This agreement shall be govcmed by the Uniform Commercial Code Wherever 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 data of this agreement 21. RIGHT TO ASSURANCE Whenever one pony 10 this contract in good faith has reason to question the other pony's intent to perform he may demand that the other parry give written assurance of his stem to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may neat this failure as an amic'patory repudiation ofthe contract 22. INDEMNIFICATION. Seller shall indemnify. keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims. poem claims, suns. liabilities. - udgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granling of this Contract or which may anywise result therefrom whether or not it shall be alleged or determined that the act was caused through negl%pence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, f any. and the Seller shall, at his own expense, appear. defend and pay all chorgts of anomeys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any ludgmem 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 steal in no way limn the responsib'lity 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 or the essence for the performance of this contract, and failure by contract to meet the time specifications or 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 airy contract entered into pursuant to this request, minority and women business enterprises wil be afforded equal opportunities to submit bids in response o this riviti ton 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 Cityreserves the right to exerese any right or remedy to it by law, contract. equity. or otherwise, including without limitation, the right to seal, any and all farms of relief in a court of competent junsdicuon. Further, the City shall not be subject to any arbaration process prior to exercising its unrestricted nghi to seek judicial remedy The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently To the extent of my conflict between this provision and a ictherprovision in, or related to. this document, this provision shall control. 26 RIGHT TO AUDIT At any time during the term of the wntracL or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable limes, reserves the right to audit Contractors 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 City the full amount 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 assignor 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 Iran. Sudan, or Foreign Ternoma Organization Prohibited. Pursuant to Section 2252 152 of the Texas Gowmmcnt Code, prohibits the City from entering into a contract with a vendor that is ident fed by The Comptroller as a company known to have contracts with or provide supplies or service with Iron. Sudan ar a foreign terrorist organiam on 29 Texas Government Code Section 2252909 requires a business entity entering into certain contracts with a govemmenial all or state agency to file with the governmental entity or state agency adisclosure of interested parties at the time the business entity submits the signed contract to the powromenial entity or sate agency Insuucionsfor convicting Form 1295 are available al. ling wy±v ct lcick tx u�cspat-nir-'i dq:ari w--.zgi.rd ann;L�txndor-infc--at.o.n 3[ No Boycott of Israel- Pursuant to Section 2271 002 of the Texas Government Code. Respondent cemfies that either (i) it meets an exemption criteria under Section 2271 002. or (u) it does not boycott Israel and will not boycott Israel during the termof the contract resulting from this solicitation Respondent shall sate any facts that make it exempt from the boycott can ficalion in its Response 31 No Boycott of Energy Companies Pursuant to Section 2274 of the Texas Oowniment Code. Respondent certifies that either (i) it meets an exemption criteria under Section 2274 002, or pp it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation. Responders 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 Assocultion Pursuant to Section 2274 of the Texas Government Code. Respondent certifies that either ill i meels an exemption criteria under Section 2274.002, or In) it does not boycott a Firearm Entity or Firearm Trade Association and wtl' not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation Respondent shall stale any facts that make it exempt from the boycon certification in its Response. 33. Contracts with Companies Engaged in Business with Iran. Sudan. or Foreign Tercens Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from emeting into a contract with a vendor that is identified by The Comptroller as a ronpany known to have contracts will or provide supplies or service with Iran, Sudan or a foreign terronst 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 laminated tribe contractor or vendor knowingly or intentionally fads to comply with a requirement of that subchapter 35. Pursuant to Section 552.37 i(c) orlhe Texas Government Code. the City of Lubbock has designated the followamg email address for which public information requests may be made by an emaxled request 47:471`r fql) s7.e� Please send this request to this email address for it to be processed E5 TERMINATION The performance of work under this order may be terminmed in whole, or in pan by the Buyer REV 112022 D4A*LTechnologies A quote for your consideration Ba ed 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 # Deal ID 3000150714467.1 $96,500.00 1784159 Apr. 19, 2023 May. 19, 2023 Texas Department of Information Resources (TX DIR) C0a0000O06841 TX DIR-TSO-3763 14780458 Message from your Sales Rep Sales Rep Cody Long Phone (800) 456-3355, 6180336 Ema I Cody_Long@Dell.com Billing To ACCOUNTS PAYABLE CITY OF LUBBOCK PO BOX 2000 LUBBOCK, TX 79457-0001 Please contact your Deli sales representative if you have any questions or when you are ready to place an order. Thank you for shopping with Dell! Regards, Cody Long Product Sl# CF3001 OptiPlex 3000 Small Form Factor Unit Price Quantity Subtotal $772.00 125 $96,500.00 Subtotal: $96,500.00 Shipping: $0.00 Non -Taxable Amount: $96,500.00 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $96,500.00 Page 1 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Del! Way, Mail Stop 8129, Round Rock, TX 78682 Quantity Subtotal SI# CF3001 OptiPlex 3000 Small Form Factor $772.00 125 $96,500.00 Estimated delivery if purchased today, May. 10, 2023 Contract # COOOOO0006841 Customer Agreement # TX DIR-TSO-3763 Description SKU Unit Price Quantity Subtotal OptiPlex 3000 Small Form Factor 210-BCSW 125 - 12th Generation Intel Core i5-12500 (6 Coresll8MB/12T/3.OGHz to 338-CCWC 125 - 4.6GHzI65W) Ubuntu Linux 20.04 605-BBNY - 125 - 16GB (1x16GB) DOR4 non ECC memory 370-AGFR 125 - M.2 2230 512GB PCIe NVMe Class 35 Solid State Drive 400-BEUX - 125 - M.2 22x30 Thermal Pad 412-AAQT 125 - M2X3 5 Screw for SSDIDDPE 773-BBBC - 125 - Intel kntegrated Graphics 490-BBFG 125 - ' 80 W internal power supply unit (PSU), 85% Efficient, 80 Plus 329-BGPO 125 - Bronze DAO System Power Cord (PhilipcnerrHlUS) 450-AAOJ - 125 - DVD+r-RW Bezel 325-BDSG - 125 - 8x DVD++-RW 9.5mm Slim,ine Optical Disk Dnve 429-ABFH - 125 - CMS Software not inciuded 632-BBBJ 125 - Chassis Intrusion Switch 461-AAIY - 125 - No Additional Add In Cards 382-BBHX 125 No Additional Video Ports 492-BCKH 125 - ENERGY STAR Qualified 387-BBLW - 125 - System Monitoring not selected in this configuration 817-BBSI 125 - Quick Start Guide 340-CYIB - 125 = Trusted Platform Modu a (Discrete TPM Enabled) 329-BBJL - 125 Shipping Material 340-CQYR 125 - Shipping Label 389-BBUU - 125 - Regulatory Label 18OW 389-EDWF - 125 No Hard Drive Bracket, Dell OptiPlex 575-BBKX - 125 - Intel Core 15 Processor Label 340-CUEW - 125 - Desktop BTO Standard shipment 800-BBIO - 125 No Keyboard Selected 580-AABG 125 - No Mouse Selected 570-AAAF 125 No Cover Selected 325-BCZQ 125 = Custom Configuration 817-BBBB 125 - Internal Speaker 520-AARD 125 - In -Band Systems Management 631-ADFQ - 125 - EPEAT 2018 Registered (Silver) 379-BDTO 125 = Dell Limited Hardware Warranty Plus Service 803-8583 125 = ProSupport 4-Hour: 7x24 Service After Remote Diagnosis, 1 803-8615 125 Year Page 2 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682 ProSupport 4-Hour: 7x24 Service After Remote Diagnosis, 3 803-8620 125 Years Extended ProSupport: 7x24 Technical Support, 4 Years 803-8703 125 Dell Limited Hardware Warranty Plus Service, Extended Year(s) 975-3462 - 125 Thank you choosing Dell ProSupport. For tech support, visit 989-3449 125 //support.dell.comlProSupport CFI Titan Code for CFI FIDA or Bypass SI 364-1846 125 CFI Routing SKU 365-0257 125 Configuration Services Dell Connected Configuration 365-0931 125 Multiple BIOS Setting Changes Service Fee 366-0130 125 CFl,lnformation Client,Only 371-0941 125 CFI,Information,CSRouting,Elig ible,Factory Install 375-3088 125 CFI,Information,GCS,ADDRESS,3E G3,Customer Install 377-5047 - 125 CFI,Information,LT,2T,L21L3,Fa ctory Install 377-9902 - 126 CFI,Information,WIN 10 PRO,648 IT,Onginal Equipment Mfgr.,Fa 378-2291 125 dory Install CFI,INFO.COMPLEXSOLUTION,Fact cry Install 381-1194 125 CFI, INFO, SMART St. BIOS,FACT ORY INSTALL 381-6332 - 125 Configuration Services - Fulfi Ilment Services 490-0000 125 Subtotal: Shipping: Estimated Tax: Total: $96,500.00 $0.00 $0.00 $96,500.00 Page 3 Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682