HomeMy WebLinkAboutResolution - 2014-R0031 - Purchase Order With Dell Marketing, LP - 01/23/2014RESOLUTION
E 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. 33000460 for the purchase of storage
area network for the Data Center as per DIR-SDD- 195 1, 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.
assed by the City Council on January 23, 2014
'la
G'WWC. fMBERTSON, MAYOR
WEST:
Garza, -City Secretary
AS TO CONTENT:
Year\vood, Msistant City Manager
Information Officer
Attorney
vwxcdocs/RES.Dell Marketing-PurchaseOrd
January 8, 2014
City Of PURCHASE ORDER
Uubbo&
TEXAS
DELL MARKETING LP
RR 8 BOX 8706 ONE DELL WAY
TO: ROUND ROCK Texas 78682
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457
Ordered reig
Requested 01/03/2014 Taken By
Delivery Per J Zhine / Req #42990
Page - 1
Date - 01/03/2014
Order Number 33000460 000 OP
Branch/Plant 330
CITY OF LUBBOCK
INFORMATION TECHNOLOGY
SHIP TO: C/O MARK YEARWOOD
1611 10TH STREET
LUBBOCK Texas 79401
BY
Quote #671874632/ DIR-SDD-1951
Description/Supplier Item
Ordered
Compellent SC8000 Controller
1.000
1st controller #225-3476
Compellent SC8000 Controller
1.000
2nd controller #225-3477
Compellent SC220 Enclosure
1.000
1st controller #225-3870
Compellent SC220 Enclosure
5.000
Add-on controller #225-3871
Compellent SC280 Enclosure
1.000
1st controller #210-AAYB
D.TORRES
Unit Cost UM Extension Request Date
63,005.4600 EA 63,005.46 02/28/2014
9,265.1100 EA 9,265.11 02/28/2014
10,809.5300 EA 10,809.53 02/28/2014
10,809.5300 EA 54,047.65 02/28/2014
40,079.9700 EA 40,079.97 02/28/2014
Total Order
Terms NET 30 177,207.72
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
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) Consignee's name, address and purchase order or
purchase release number and the supply agreement number if applicable, (c) Container number
and total number of containers, e.g. box I of 4 boxes, and (d) the number 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 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 defivery, 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. Seller 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 incurred by Seller in
providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the
cost of any special tooling or special test equipment 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 liability 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 viciation 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 furnished will conform to the specification, drawings, and descriptions listed in
the bid invitation, and to the sample(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 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 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 third party involved 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 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.
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. Buyer makes no warranty that the production of goods
according to the specification will not give rise to such a claim, and in no event shall Buyer be
liable to Seller for indemnification in the event that Seller is sued on the grounds of
infringement 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. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before
accepting them.
13. CANCELLATION. Buyer shall have the right to cancel for default all or any part 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.
14. TERMINATION. The performance of work under this order may be terminated in whole, or in
part by the Buyer in accordance with this provision. Termination of work hereunder shall be
effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to
which performance of work under the order is terminated and the date upon which such
termination becomes effective. Such right or termination is in addition to and not in lieu of the
rights of Buyer set forth in Clause 13, herein.
15. FORCE MAJEURE. 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.
16. 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.
17. 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.
18. 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 term defined by the Uniform Commercial Code is used in this
agreement, the definition contained in the Code is to control.
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.
Where ever 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.
20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
question the other party'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.
21. 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 anywise result therefrom, whether
or not it shall be alleged or detennined 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 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.
22. 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.
23. 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.
24. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law,
contract, equity, or otherwise, including without limitation, the right to seek any and all forms
of relief in a court of competent jurisdiction. Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted 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
document, this provision shall control.
25. 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 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.
Rev. 02/2012
City of
Uibr)om
TEXAS
RR 8 BOX 8706 ONE DELL WAY
TO: ROUND ROCK Texas 78682
PURCHASE ORDER
Page -
Date -
Order Number
Branch /Plant
2
01/03/2014
33000460 000 OP
330
INFORMATION TECHNOLOGY
SHIP TO: C/O MARK YEARWOOD
1611 10TH STREET
LUBBOCK, TEXAS 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta Alva z, Direct o cbasing & Contract Management
This purchase order encumbers funds in the amount of $177,207.72 awarded to Dell Marketing LP of Round Rock, Texas
on January 23, 2014. The following is incorporated into and made part of this purchase order by reference: Price Quotation
671874632 dated December 26, 2013 from Dell Marketing LP of Round Rock, Texas and State of Texas Department of
Information Resources (DIR) Contract DIR-SDD- 195 1. Resolution#
CITY OF LUB K
Gle IrW
ertson, Mayor
Pebe
EST:ca Garza, City Secretary
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
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) 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. Seller shall bear cost of packaging unless otherwise provided. Goods
shall be suitably packed to secure lowest transportation costs and to conform with requirements
of common carriers and any applicable specifications. Buyer's count or weight shall be final
and conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. 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 shalt 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. Seller 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 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 incurred by Seller in
providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the
cost of any special tooling or special test equipment 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 otkers for products of the
kind and specification coveted 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 liability to Seller for breach or Seller's
actual expense. It. 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 viciation 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 furnished will conform to the specification, drawings, and descriptions listed in
the bid invitation, and to the sample(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 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 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 third party involved 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 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.
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. Buyer makes no warranty that the production of goods
according to the specification will not give rise to such a claim, and in no event shall Buyer be
liable to Seller for indemnification in the event that Seller is sued on the grounds of
infringement 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. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before
accepting them.
13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the
undelivered portion of this order if Seller breaches any of the terra 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.
14. TERMINATION. The performance of work under this order may be terminated in whole, or in
part by the Buyer in accordance with this provision. Termination of work hereunder shall be
.effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to
which performance of work under the order is terminated and the date upon which such
termination becomes effective. Such right or termination is in addition to and not in lieu of the
rights of Buyer set forth in Clause 13, herein.
15. FORCE MAJEURE. 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.
16. 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.
17. 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.
18. 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 term defined by the Uniform Commercial Code is used in this
agreement, the definition contained in the Code is to control.
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.
Where ever 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.
20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
question the other party'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.
21. INDEMNIFICATION. Seller shall indemnify, keep and save hamiless 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 anywise 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 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.
22. 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.
23. 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.
24. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law,
contract, equity, or otherwise, including without limitation, the right to seek any and all forms
of relief in a court of competent jurisdiction. Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted 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
document, this provision shall control.
25. 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 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.
Rev. 02/2012
Quote Summary_671874632
Date: 12/27/2013
QUOTATION
Quote #:
Customer #:
Contract #:
CustomerAgreement #:
Quote Date:
Customer Name:
file:///C:/Users/14801/AppData/Local/Temp/XPgrpwise/Quote 671874...
671874632
1784159
42AFU
DIR SDD-1951
12/26/2013
CITY OF LUBBOCK
Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and
informational accuracy. If you find errors or desire certain changes please contact your sales
professional as soon as possible.
Sales Professional Information
SALES REP: DUANE MCCOY PHONE: 1800 - 8793355
Email Address: Duane McCoy(o)Dell. corn Phone Ext: 5139185
GROUP: 1 QUANTITY: 1 SYSTEM PRICE: $63,005.46 GROUP TOTAL: $63,005.46
Description
Quantity
Compellent SC8000 Controller (1 st controller, new array) (225-3476)
1
US or Canada Shipment (331-8408)
1
Thank you choosing Dell. For tech support, visit http://www.compellent.com/Support-
Services.aspx or call 1-866 (931-7307)
1
Dell Hardware Limited Warranty Initial Year (933-5296)
1
Dell Hardware Limited Warranty Extended Year(s) (934-2065)
1
Dell Compellent Copilot: 4 -Hour 7x24 On-site Service After Problem Diagnosis, Initial Year
(972-5175)
1
Dell Compellent Copilot: 4 -Hour 7x24 On-site Service After Problem Diagnosis, 2 Year
Extended (972-5176)
1
Dell Compellent Copilot: 7x24 HW / SW Tech Support and Assistance, 3 Year (972-5183)
1
Installation and Implementation of a Dell Compellent Storage Array Environment, up to 6
hosts (931-0977)
1
Thank you for choosing Dell (987-2559)
1
Software Support, 7X24, Storage Center Software Expansion Bundle License, 3 Year
(972-5213)
10
Software Support,7X24, Data Progression Exp License, 3 Year (972-9728)
10
Software Support,7X24, FastTrack Exp License, 3 Year (972-9731)
10
NVRAM Standard (430-4772)
1
64GB Memory (319-0597)
1
10 card, 1Gb iSCSI, 2 port, PCI -E, low -profile (430-4775)
1
10 card, 8Gb FC, 2 port, PCI -E, low -profile (430-4777)
4
10M, LC-LC,Multi Mode Cable (331-8005)
6
10,6Gb SAS,4port,PCl-E, full -height (4x2M Mini -SAS to Mini -SAS cable) (430-4781)
1
Storage Center Software Bundle, Base License (421-8529)
1
C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m), Power Cord, Qty2 (331-7993)
1
FastTrack Base License (421-8614)
1
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Quote Summary_671874632
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Virtual Ports Base License (421-8617)
1
Data Progression Base License (421-8551)
1
FastTrack Expansion License (421-8623)
10
Storage Center Software Bundle, Expansion License (421-8531)
10
Data Progression Expansion License (421-8618)
10
Software Support, 7X24, Storage Center Software Base Bundle License, 3 Year
1
(972-5206)
1
Software Support,7X24, Data Progression Base License, 3 Year (972-9752)
1
Software Support,7X24, FastTrack Base License, 3 Year (972-9755)
1
(')
1
GROUP: 2 QUANTITY: 1 SYSTEM PRICE: $9,265.11 GROUP TOTAL: $9,265.11
Description
Quantity
Compellent SC8000 Controller (2nd controller) (225-3477)
1
US or Canada Shipment (331-8408)
1
Thank you choosing Dell. For tech support, visit http://www.compellent.com/Support-
Services.aspx or call 1-866 (931-7307)
1
Dell Hardware Limited Warranty Initial Year (933-5296)
1
Dell Hardware Limited Warranty Extended Year(s) (934-2065)
1
Dell Compellent Copilot: 4 -Hour 7x24 On-site Service After Problem Diagnosis, Initial Year
(972-5175)
1
Dell Compellent Copilot: 4 -Hour 7x24 On-site Service After Problem Diagnosis, 2 Year
Extended (972-5176)
1
Dell Compellent Copilot: 7x24 HW / SW Tech Support and Assistance , 3 Year (972-5183)
1
HARDWARE INSTALL INCLUDED IN SAN/DAS IMP/INST BUNDLE (984-4327)
1
NVRAM Standard (430-4772)
1
64GB Memory (319-0597)
1
10 card, 8Gb FC, 2 port, PCI -E, low -profile (430-4777)
4
10 card, 1Gb iSCSI, 2 port, PCI -E, low -profile (430-4775)
1
10M, LC-LC,Multi Mode Cable (331-8005)
6
10,6Gb SAS,4port,PCl-E, full -height (4x2M Mini -SAS to Mini -SAS cable) (430-4781)
1
Storage Center Software Bundle, Base License Not Required (421-8530)
1
C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m), Power Cord, Qty2 (331-7993)
1
GROUP: 3 QUANTITY: 1 SYSTEM PRICE: $10,809.53 GROUP TOTAL: $10,809.53
Description Quantity
Compellent SC220 Enclosure (1st enclosure of new array) (225-3870) 1
US / Canada Shipment - SC220 (331-9138) 1
ReadyRails II Static Rails for 4 -post Racks (770-BBCM) 1
Thank you choosing Dell. For tech support, visit hftp://www.compellent.com/Support-
Services.aspx or call 1-866 (931-7307) 1
Dell Hardware Limited Warranty Initial Year (968-0726) 1
Dell Hardware Limited Warranty Extended Year(s) (968-0727) 1
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Quote Summary671874632
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Dell Compellent Copilot: 4 -Hour 7x24 On-site Service After Problem Diagnosis, Initial Year
(972-5224) 1
Dell Compellent Copilot: 4 -Hour 7x24 On-site Service After Problem Diagnosis, 2 Year
Extended (972-5225) 1
Dell Compellent Copilot: 7x24 HW / SW Tech Support and Assistance, 3 Year (972-5232) 1
HARDWARE INSTALL INCLUDED IN SAN/DAS IMP/INST BUNDLE (984-4327) 1
SC220, 30OGB SAS 6Gb, 15K, 2.5 HDD (342-5192) 24
6Gb Mini -SAS to Mini -SAS Cable, 0.6M, Qty 2 (331-9144) 1
C13 to C14, PDU Style, 12 AMP, 2 Feet (.6m), Power Cord, Qty2 (331-7992) 1
GROUP: 4 QUANTITY: 5 SYSTEM PRICE: $10,809.53 GROUP TOTAL: $54,047.65
Description
Compellent SC220 Enclosure (add-on enclosure) (225-3871)
US / Canada Shipment - SC220 (331-9138)
ReadyRails II Static Rails for 4 -post Racks (770-BBCM)
Thank you choosing Dell. For tech support, visit http://www.compellent.com/Support-
Services.aspx or call 1-866 (931-7307)
Dell Hardware Limited Warranty Initial Year (968-0726)
Dell Hardware Limited Warranty Extended Year(s) (968-0727)
Dell Compellent Copilot: 4 -Hour 7x24 On-site Service After Problem Diagnosis, Initial Year
(972-5224)
Dell Compellent Copilot: 4 -Hour 7x24 On-site Service After Problem Diagnosis, 2 Year
Extended (972-5225)
Dell Compellent Copilot: 7x24 HW / SW Tech Support and Assistance, 3 Year (972-5232)
HARDWARE INSTALL INCLUDED IN SAN/DAS IMP/INST BUNDLE (984-4327)
SC220, 30OGB SAS 6Gb, 15K, 2.5 HDD (342-5192)
6Gb Mini -SAS to Mini -SAS Cable, 0.6M, Qty 2 (331-9144)
C13 to C14, PDU Style, 12 AMP, 2 Feet (.6m), Power Cord, Qty2 (331-7992)
Quantity
5
5
5
5
5
5
5
5
5
5
120
5
5
GROUP: 5 QUANTITY: 1 SYSTEM PRICE: $40,079.97 GROUP TOTAL: $40,079.97
Description
Compellent SC280 Enclosure (1 st enclosure of new array) (210-AAYB)
6Gb Mini -SAS to Mini -SAS Cable, 0.6M, Qty 2 (470-AAKJ)
Thank you choosing Dell. For tech support, visit hftp://www.compellent.com/Support-
Services.aspx or call 1-866 (931-7307)
Dell Compellent Copilot: 4 -Hour 7x24 On-site Service After Problem Diagnosis, 2 Year
Extended (954-8084)
Dell Compellent Copilot: 4 -Hour 7x24 On-site Service After Problem Diagnosis, Initial Year
(954-8087)
Dell Compellent Copilot: 7x24 HW / SW Tech Support and Assistance, 3 Year (954-8114)
Dell Hardware Limited Warranty Extended Year(s) (954-8128)
Dell Hardware Limited Warranty Initial Year (954-8131)
HARDWARE INSTALL INCLUDED IN SAN/DAS IMP/INST BUNDLE (984-4327)
US / Canada Shipment - SC280 (340-ACYO)
SC280, 4TB SAS 6Gb, 7.2K, 3.5 HDD (42 -pack) (400-AAXE)
Quantity
1
1
1
L
3 of 4 12/27/2013 8:19 AM
Quote Summary_671874632
C19 to C20, PDU Style, 2.5M Power Cord, Qty 2 (450-AAVX)
6Gb Mini -SAS to Mini -SAS Cable, 2M, Qty 2 (470-AAKK)
COMMENT
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DLA62937C
DLA62937C
*Total Purchase Price: $177,207.72
Product Subtotal: $177,207.72
Tax: $0.00
Shipping & Handling: $0.00
State Environmental Fee: $0.00
Shipping Method: LTL 5 DAY OR LESS
(* Amount denoted in $)
Statement of Conditions
The information in this document is believed to be accurate. However, Dell assumes no responsibility for inaccuracies, errors, or
omissions, and shall not be liable for direct, indirect, special, Incidental, or consequential damages resulting from any such error or
omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors.
Dell may make changes to this proposal including changes or updates to the products and services described, including pricing, without
notice or obligation.
This proposal is not intended to create a contractual relationship. Unless expressly agreed otherwise in a writing signed by the parties, all
orders by CITY OF LUBBOCK for Dell products and services shall be subject to Dell's Terms and Conditions of Sale -Direct, which can be
found atwww.dell.com/terms, and which incorporate Dell's U.S. Return Policy, at www.dell.com/returnpolicy#total . Please read those
terms carefully and in their entirety, and note in particular that Dell EqualLogic and EqualLogic-branded products, DeIIIEMC and
EMC -branded products, PowerVault ML6000 tape libraries, non -Dell -branded enterprise products, enterprise software, and customized
hardware or software products may not be returned at any time. Orders also shall be subject to the terms of any applicable service
contract(s), which can be found at www.dell.com/servicecontracts.
All information supplied to CITY OF LUBBOCK for the purpose of this proposal is to be considered confidential information belonging to
Dell.
About Dell
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its direct business model, Dell is a leading global systems and services company and No. 34 on the Fortune 500. For more information,
visit www.dell.com.
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