HomeMy WebLinkAboutResolution - 2014-R0032 - Purchase Order With Dell Marketing, LP For Semi-Rugged Laptops - 01/23/2014RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Purchase Order No. 10010701 for the purchase of rugged
laptops and semi -rugged laptops as per DIR-SDD-1951, 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 January 23, 2014
GL E SON, MAYOR
ATTEST:
Re ec a Garza, City Secretary
APPROVED AS TO CONTENT:
Mark Yearwood, Assistant City Manager
Chief Information Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.De1 Marketing, LP-PurchaseOrd
January 8, 2014
City of
LuF4e�-bbock PURCHASE ORDER
Texas
TO: DELL MARKETING LP
RR 8 BOX 8706 ONE DELL WAY
ROUND ROCK Texas 78682
Page - 1
Date - 01/08/2014
Order Number 10010701 000 OP
Branch/Plant 100
SHIP TO: CITY OF LUBBOCK
INFORMATION TECHNOLOGY
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 Alvarez Director of Pu ing & Contract Management
ere —Freight
Requested 01/08/2014 Taken By D.TORRES
Delivery Per J Zhine / Req #42992 Quote 672561952 /DIR-SDD-1951
Description/Supplier Item
Ordered
Dell Latitude E6420 XFR Intel
35.000
Core i5 4GB #225-0809
Havis DS -Dell 111-3 Dckng Sta
35.000
for E6420 XFR #A6540357
90W PowerSupply for Dell Dckng
35.000
Stations #A4373501
Havis Veh Mntg base pckg Chevy
35.000
Tahoe #A3985782
Dell Latitude E6430 ATG Intel
20.000
Core i5 4GB #225-2696
4G Black GPS Receiver w/GPS
20.000
#A6831542
Female-TNC/Female-TNC Barre
20.000
Adapter #A6998796
Unit Cost UM Extension Request Date
3,218.0000 EA 112,630.00 02/28/2014
735.0000 EA 25,725.00 02/28/2014
115.0000 EA 4,025.00 02/28/2014
449.0000 EA 15,715.00 02/28/2014
2,538.6900 EA 50,773.80 02/28/2014
176.2400 EA 3,524.80 02/28/2014
6.2700 EA 125.40 02/28/2014
Total Order
Terms NET 30 212,519.00
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 trade 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
[Hake 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 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 terns 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 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 tern 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
Lubb o ck
TEXAS
DELL MARKETING LP
TO: RR 8 BOX 8706 ONE DELL WAY
ROUND ROCK Texas 78682
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457
PURCHASE ORDER
Page -
Date -
Order Number
Branch /Plant
2
01/08/2014
10010701 000 OP
100
CITY OF LUBBOCK
SHIP TO: INFORMATION TECHNOLOGY
C/O MARK YEARWOOD
1611 10TH STREET
LUBBOCK, TEXAS 79401
BY:
Marta Alvarez, Directorkf Purchasing & Contract Management
This purchase order encumbers funds in the amount of $212,519 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 January 8, 2014 from Dell Marketing LP of Round Rock, Texas and State of Texas Department of
Information Resources (DIR) Contract DIR-SDD-1951. Resolution#
CITY OF LUBBO
Glen C. Roe n, Ma o
ATTEST:
ebe 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 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. 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 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 vitiation of this warranty the Buyer shall have the right in addition to
any other right of rights to cancel this contract without liability and to deduct from the contract
price, or otherwise recover without liability and to deduct from the contract price, or otherwise
recover the 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 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 tern 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 -672561952
Quantity
file:///C:/Users/14801/AppData/Local/Temp/XPgrpwise/Quote_672561...
35
QUOTATION
35
4GB (2x2GB) 1600MHz DDR31- Memory (370-AAID)
Quote #:
672561952
35
Customer #:
1784159
Documentation (English), Dell Latitude and Precision Workstations (332-0472)
Contract #:
42AFU
CustomerAgreement #:
DIR SDD-1951
128GB Dell Mobility Solid State Drive, 2.7MM, Dell Latitude E6420 XFR (342-2577)
Quote Date:
01/08/2014
Date: 1/8/2014
Customer Name:
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 McCoyCcDDell. com Phone Ext: 5139185
GROUP: 1 QUANTITY: 35 SYSTEM PRICE: $3,218.00 GROUP TOTAL: $112,630.00
Description
Quantity
Dell Latitude E6420 XFR (225-0809)
35
Intel Core i5 -2520M, 2.50GHz, 3MB Cache, Dell Latitude E6X20 (317-5994)
35
4GB (2x2GB) 1600MHz DDR31- Memory (370-AAID)
35
Internal English Backlit Keyboard, Red, Dell Latitude E6420 XFR (331-2135)
35
Quick Reference Guide, English, Dell Latitude E6420 XFR (331-2141)
35
Documentation (English), Dell Latitude and Precision Workstations (332-0472)
35
Intel HD Graphics 3000 with Fingerprint and Contactless Smartcard Reader, Dell Latitude
E6420 XFR (318-0662)
35
128GB Dell Mobility Solid State Drive, 2.7MM, Dell Latitude E6420 XFR (342-2577)
35
14.0 inch HD (1366x768) Outdoor Viewable with Direct Vue Touchscreen and Mic only
(320-2237)
35
Windows 7 Label, Latitude, Vostro and Mobile Precision Notebooks (330-6322)
35
Windows 7 Professional, 32-bit, No Media, Latitude, English (421-8051)
35
External USB Modem for Latitude E-Family/Mobile Precision (313-7043)
35
90W 3 -Pin, AC Adapter, Dell Latitude EXX30 (331-5829)
35
US - 3 foot Flat Power Cord, Dell Latitude (330-4016)
35
8X DVD+/ -RW, Dell Latitude E (318-0330)
35
Cyberlink Power DVD 9.5.1,Media, Dell OptiPlex, Latitude and Precision Workstation
(421-4822)
35
Roxio Creator Starter,Media, Dell OptiPlex, Latitude and Precision Workstation (421-4540)
35
8X DVD+/ -RW Bezel, Dell Latitude E6420 XFR (318-0712)
35
Triple RF-Pass-Thru, Latitude E6420 XFR (331-2139)
35
Intel WiFi Link 6205 (802.11a/g/n 2X2) 1/2 MiniCard for VPRO Latitude E/Mobile Precision
(430-3961)
35
No Intel vPro Technology Advanced Management Features, Dell Latitude E6X20
(331-1226)
35
6 -Cell (60WH) Primary Lithium Ion Battery, (2.8Ah) ExpressCharge Capable for Latitude
E4 (312-1318)
35
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Dedicated SiRFstarlV GPS, Dell Latitude E6420 XFR (331-2143)
35
Energy Star Enabled/E-PEAT/Gold, Latitude E6420/ATG (331-1931)
35
Dell Wireless 5630 Multi -Mode EVDO-HSPA Mini -Card with A -GPS for Latitude and Mobile
Precision (318-0407)
35
SIM Card Insertion Tool, Dell Latitude E6420 XFR (331-3572)
35
No Productivity Software,Dell OptiPlex, Precision and Latitude (421-3872)
35
Dell Limited Hardware Warranty Plus Service Extended Year(s) (935-8968)
35
Dell Limited Hardware Warranty Plus Service Initial Year (931-4567)
35
ProSupport: Next Business Day Onsite Service After Remote Diagnosis 4 Year Extended
(927-8354)
35
ProSupport: Next Business Day Onsite Service After Remote Diagnosis Initial Year
20
(954-7200)
35
Thank you choosing Dell ProSupport. For tech support, visit http://support.dell.com
20
/ProSupport or call 1-866-516-3115 (989-3449)
35
ProSupport : 7x24 Technical Support, 4 Year Extended (928-8134)
35
ProSupport : 7x24 Technical Support, Initial (956-5210)
35
Standard On -Site Installation Declined (900-9987)
35
Accidental Damage Protection, 5 Year (927-8474)
35
Accidental Damage Service (988-7689)
35
Intel Core i5 Processor (331-1633)
35
GROUP: 2 QUANTITY: 20 SYSTEM PRICE: $2,538.69 GROUP TOTAL: $50,773.80
Description
Quantity
Dell Latitude E6430 ATG (225-2696)
20
3rd gen Intel Core i5 -3340M Processor (2.7GHz, 3M cache, Upgradable to Intel vPro
technology), Dell Lat. E6430/6530/ATG (338-BBKV)
20
4.OGB, DDR3-160OMHz SDRAM, 2 DIMMS, Dell Latitude (319-0037)
20
Internal English Dual Point Keyboard, Latitude E (332-0035)
20
Documentation (English), Dell Latitude and Precision Workstations (332-0472)
20
Tech Setup Guide, English, Dell Latitude E6X30 (331-5825)
20
NVIDIA NVS 5200M (GDDR5 1 GB) Discrete Graphic with Optimus, Dell Latitude E6430
ATG (318-1795)
20
256GB Dell Mobility Solid State Hard Drive, Dell Latitude E6X30 (342-4259)
20
Dell ControlVault, Fingerprint Reader, Smartcard Reader and Contactless Smartcard
Reader (331-5938)
20
14.0" HD (1366x768) Outdoor Viewable Anti -Glare WLED-backlit with Touchscreen, Dell
Latitude E6430ATG (320-3088)
20
Windows 7 Label, Latitude, Vostro and Mobile Precision Notebooks (330-6322)
20
Windows 7 Professional, 64-bit, No Media, Latitude, English (421-8067)
20
Software, DDPA (Dell Data Protection Access), version 2.3, Dell Latitude EXX30
(421-8718)
20
Mobile Broadband RF-Pass-Thru, Dell Latitude E6430 ATG (331-5939)
20
US - 3 foot Flat Power Cord, Dell Latitude (330-4016)
20
90W 3 -Pin, AC Adapter, Dell Latitude EXX30 (331-5829)
20
8X DVD+/ -RW, Dell Latitude E4 (318-1732)
20
8X DVD+/ -RW Bezel, Dell Latitude E63XO/E64X0/E65XO/ATG (318-0466)
20
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Thank you for Choosing Dell (318-2231)
20
Dell Webcam Central Software Dell Latitude/Mobile Precision (421-1201)
20
Light Sensitive Webcam and Noise Cancelling Digital Array Mic, Dell Latitude E6430/ATG
20
(318-1720)
20
Carrying Handle, Latitude E64XO ATG (331-1713)
Dell Wireless 1540 802.11a/n Dual Band, High Speed Wi-Fi Half Mini -card, Dell Latitude
20
E4/Mobile Precision (430-4637)
No Intel vPro Technology Advanced Management Features, Dell Latitude E6430/S/ATG
20
(331-5836)
3 Year Warranty 9 -Cell (87WH) Primary Lithium Ion Battery for Latitude E (312-1152)
20
E -Port Plus, 130W Advanced Port Replicator, USB 3.0 for Latitude E -Family (331-6310)
20
Dell Wireless DW5560 HSPA+ Mini Card - ATT, Dell Latitude E4 (318-1723)
20
Energy Star Enabled/E-PEAT, Latitude E6X30 (331-6213)
20
Microsoft Office Trial, MUI, OptiPlex, Precision, Latitude (630 -AARP)
20
Dell Limited Hardware Warranty Plus Service Extended Year(s) (937-2684)
20
Dell Limited Hardware Warranty Plus Service Initial Year (937-2674)
20
ProSupport: Next Business Day Onsite Service After Remote Diagnosis 2 Year Extended
20
(937-3434)
ProSupport: Next Business Day Onsite Service After Remote Diagnosis Initial Year
20
(937-3404)
Thank you choosing Dell ProSupport. For tech support, visit http://support.dell.com
20
/ProSupport or call 1-866-516-3115 (989-3449)
ProSupport: 7x24 Technical Support, 2 Year Extended (937-4124)
20
ProSupport: 7x24 Technical Support, Initial (937-4104)
20
Intel Core i5 Processor (331-1633)
20
SOFTWARE & ACCESSORIES
Product
90 W Power Supply for Dell Docking Stations (A4373501)
HAVIS VEHICLE MOUNTING BASE PACKAGE WITH
SHORT HANDLE: CHEVROLET TAHOE (A3985782)
Havis DS -DELL -111-3 - Docking station - for Dell Latitude
E6420 XFR (A6540357)
4G Black GPSReceiver with GPS/ (A6831542)
Female-TNC to Female-TNC Barre (A6998796)
*Total Purchase Price:
Product Subtotal:
Tax:
Shipping & Handling:
State Environmental Fee:
Shipping Method:
GROUP TOTAL: $49,115.20
Quantity Unit Price Total
35 $115.00 $4,025.00
35 $449.00 $15,715.00
35 $735.00
$25,725.00
20 $176.24
$3,524.80
20 $6.27
$125.40
$212,519.00
$212,519.00
$0.00
$0.00
$0.00
LTL 5 DAY OR LESS
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( 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 b&IfY 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#totat . Please read those
terms carefully and in their entirety, and note in particular that Dell EquaiLogic 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 atwww.dell.com/servicecontracts.
All information supplied to CRY OF LUBBOCK for the purpose of this proposal is to be considered conildential information belonging to
Dell.
About Dell
Dell Inc. (NASDAQ: DELL) listens to customers and delivers Innovative technology and services they trust and value. Uniquely enabled by
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visit www.dell.com.
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