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HomeMy WebLinkAboutResolution - 2020-R0328 - PO 33001398 with Dell Marketing LPResolution No. 2020-RO328 Item No. 7.23 September 22, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order No. 33001398 for the renewal of the Palo Alto Threat Prevention Subscription 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 September 22, 2020 r DANIEL M. POPE, MAYOR A'T'TIiS"1': 1AR i�l Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Mark 1' earwood, Assistant City Manager APPROVED AS TO FORM: ity Attorney ccdocs/RES.-PurchaseOrd 33001398 — Renewal of the Palo Alto Threat Prevention Subscription September 11, 2020 MCity of Lubbock PURCHASE ORDER TEXAS TO: DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 Page - 1 Date - 9/10/2020 Order Number 33001398 000 OP Branch/Plant 3410 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 MOICETO: CrrYOFLUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Aharez, DirectmNf Purchasing 8r Contact Management Ordered 9/10/2020 Freight Requested 9/29/2020 Taken By J MONTES Delivery Per J Zhine / Req # 56320 Q#3000068486479.I /DIR-TSO-3763 Description/Supplier Item Ordered Unit Cost UM Extension Request Date PA ThreatPrevSubsc mw PA-5220 1.000 4,936.8400 EA 4,936.84 9/29/2020 SN 013201007735 4AB325835 PA URL FilterSubsc mw PA-5020 1.000 3,949.7000 EA 3,949.70 9/29/2020 SN 007701001108 #AB325836 ThreatPrevPremSup rnw PA-5020 1.000 7,820.4500 EA 7,820.45 9/29/2020 SN 00770101108 #AB325837 ThreatPrevPremSup rnw PA-5220 1.000 8,500.4800 EA 8,500.48 9/29/2020 SN 013201007735 #AB325838 ThreatPrevPremSup rnw PA-5020 1.000 7,820.4500 EA 7,820.45 9/29/2020 SN 007701001884 #AB325839 ThreatPrevPremSup rnw PA-5220 1.000 8,500.4800 EA 8,500.48 9/29/2020 SN 013201004361 #AB325840 PA URL FilterSubsc rnw PA-5220 1.000 4,937.1200 EA 4,937.12 9/29/2020 SN 013201007735 #AB325841 PA ThreatPrevSubsc rnw PA-5020 1.000 5,642.4200 EA 5,642.42 9/29/2020 SN 007701001108 #AB325842 'I'i City of If Lubbock TIXAS PURCHASE ORDER TO: DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK TX 78682 Page - 2 Date - 9/10/2020 Order Number 33001398 000 OP Branch/Plant 3410 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 INVOICETO: CrrYOFLUBBOCK ACCOU ACCOUNfSPAYABLE P.O. BOX 2000 LUBBOCY, TX 79457 BY: Marts Alvarez, Director Puid:esing & Contact Management Ordered 9/10/2020 Freight Requested 9/29/2020 Taken By J MONTES Delivery Per J Zhine / Req # 56320 Q#3000068486479. I /DIR-TSO-3763 Description/Supplier Item Ordered Unit Cost Um Extension Request Date PA URL FilterSubsc mw PA-5220 1.000 4,937.1200 EA 4,937.12 9/29/2020 SN 013201004361 #AB325843 PA ThreatPrevSubsc mw PA-5220 1.000 4,937.1200 EA 4,937.12 9/29/2020 SN 013201004361 #AB325844 PA ThreatPrevSubsc mw PA-5020 1.000 3,949.7000 EA 3,949.70 9/29/2020 SN 007701001884 #AB325845 PA URL FilterSubsc mw PA-5020 1.000 3,949.7000 EA 3,949.70 9/29/2020 SN 007701001884 #AB325846 Total Order Terms NET30DAYS 69,881.58 This purchase order encumbers funds in the amount of $69,881.58 awarded to Dell Marketing LP Round Rock, TX, on September 22,2020. The following is incorporated into and made part of this purchase order by reference contract: DIR-TSO-3763 from Dell Marketing LP Round Rock, TX. Resolution# 2020-RO328 CITY OF LUBBOCK "Qy�-- Daniel M. Pope, Ayor ATTEST: A" Re ecca Garza, City Secretary Rev.1/2020 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX l . 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 delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e l 1 e r shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. 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 Seiler 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 Seiler 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 Seiler 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. Seiler shall not limit or exclude any implied warranties and any attempt to do so shall tender 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) fumished 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- Seiler 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 wan -antics 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 Seiler 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 Seiler 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 Seiler is sued on the grounds of infringement of the like. If Sella is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. if Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then-can-ent fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. if at 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 effect and the City shall not be obligated under this contract beyond the date of termination 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them 14. CANCELLATION. Buyer shall have the right to cancel for default all or any pan 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. 15. TERMINATION. The performance ofwork under this order may be terminated in whole, or in part by the Buyer in accordance with this provision Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein. 16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terra of provisions of this contract is delayed or prevented by any cause not within the control of the party whose perfomuance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for ail purpose unless made in conformity with this paragraph. 18. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in pan by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terra of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the 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 date of this agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other parry's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may 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 tendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seiler expressly understands and agrees that any bond required by this contract, or otherwise provided by Seiler, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. TIME. it is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without 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. 26. RiGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit 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. HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassifined. (Texas Government Code Section 2155.001). 28. ASSIGNING OR SUBLETTING THE CONTRACT. 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. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29. HOUSE BiLL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295. adopted by the 84th Legislature, created §2252.908, Texas Government Coda Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. instructions for completing Form 1295 are available at: htt n:/hvww.ci.lbbock.tx.us/d=rtmcntal-wcbsitcs/d=rtrtenWpurchasing/vendor•informat ion 30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terns shall be of no force or effect. 31. HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and(2) The Contractor will not boycott Israel during the term of the Agreement. 32. The Contractor (i) does not engage in business with Iran. Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. 33. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 34. Pursuant to Section 552.234(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an emailed request: oWa mylubbock.us. Please send this request to this email address for it to be processed. REV. 12020 A quote for your consideration. Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we've created to help you with your purchase decision. To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order. Quote No. 3000068658550.1 Total $69, 881.58 Customer # 1784159 Quoted On Sep. 10, 2020 Expires by Oct. 10, 2020 Message from your Sales Rep Sales Rep Nick Garrison Phone (800) 456-3355, 5131278 Email Nick_Garrison@Dell.com Billing To ACCOUNTS PAYABLE CITY OF LUBBOCK PO BOX 2000 LUBBOCK, TX 79457-0001 Please contact your Dell sales representative if you have any questions or when you're ready to place an order. Thank you for shopping with Dell! Regards, Nick Garrison Shipping Group Shipping To INFORMATION TECHNOLOGY CITY OF LUBBOCK 1314 AVE K LUBBOCK, TX 79401-4051 (806)775-2366 Product Shipping Method Standard Delivery CS -CITY OF LUBBOCK-Threat prev ention subscription for device in an HA pair renewal, PA-522 0 CS -CITY OF LUBBOCK-PANDB URL f iltering subscription for devi ce in an HA pair renewal, PA-5 020 CS -CITY OF LUBBOCK-Premium sup port renewal, PA-5020 CS -CITY OF LUBBOCK-Premium sup port renewal, PA-5220 CS -CITY OF LUBBOCK-Premium sup port renewal, PA-5020 Unit Price Qty Subtotal $4,936.84 1 $4,936.84 $3,949.70 1 $3,949.70 $7,820.45 1 $7,820.45 $8,500.48 1 $8,500.48 $7,820.45 1 $7,820.45 Page 1 CS -CITY OF LUBBOCK-Premium sup port renewal, PA-5220 $8,500.48 1 $8,500.48 CS -CITY OF LUBBOCK-PANDB URL f iltering subscription $4,937.12 1 .$4,937.12 for devi ce in an HA pair renewal, PA-5 220 CS -CITY OF LUBBOCK-Threat prev ention subscription $5,642.42 1 $5,642.42 renewal, P A-5020 CS -CITY OF LUBBOCK-PANDB URL f iltering subscription $4,937.12 1 $4,937.12 for devi ce in an HA pair renewal, PA-5 220 CS -CITY OF LUBBOCK-Threat prev ention subscription for $4,937.12 1 $4,937.12 device in an HA pair renewal, PA-522 0 CS -CITY OF LUBBOCK-Threat prev ention subscription for $3,949.70 1 $3,949.70 device in an HA pair renewal, PA-502 0 CS -CITY OF LUBBOCK-PANDB URL f iltering subscription $3,949.70 1 $3,949.70 for devi ce in an HA pair renewal, PA-5 020 Subtotal: $69,881.58 Shipping: $0.00 Non -Taxable Amount: $69,881.58 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $69,881.58 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Page 2 Shipping Group Details Shipping To Shipping Method INFORMATION TECHNOLOGY Standard Delivery CITY OF LUBBOCK 1314 AVE K LUBBOCK, TX 79401-4051 (806) 775-2366 Qty Subtotal CS -CITY OF LUBBOCK-Threat prev ention subscription for device $4,936.84 1 $4,936.84 in an HA pair renewal, PA-522 0 Estimated delivery if purchased today: Oct. 28, 2020 Contract # C000000O06841 Customer Agreement # DIR-TSO-3763 Description SKU Unit Price Qty Subtotal CS -CITY OF LUBBOCK-Threat prevention subscription for device in an AB325835 - 1 - HA pair renewal, PA-522 0 Qty Subtotal CS -CITY OF LUBBOCK-PANDB URL f iltering subscription for $3,949.70 1 $3,949.70 devi ce in an HA pair renewal, PA-5 020 Estimated delivery if purchased today: Oct. 28, 2020 Contract # C000000O06841 Customer Agreement # DIR-TSO-3763 Description SKU Unit Price Qty Subtotal CS -CITY OF LUBBOCK-PANDB URL f iltering subscription for devi ce in AB325836 1 - an HA pair renewal, PA-5 020 Qty Subtotal CS -CITY OF LUBBOCK-Premium sup port renewal, PA-5020 $7,820.45 1 $7,820.45 Estimated delivery if purchased today: Oct. 28, 2020 Contract # C000000O06841 Customer Agreement # DIR-TSO-3763 Description SKU Unit Price Qty Subtotal CS -CITY OF LUBBOCK-Premium sup port renewal, PA-5020 AB325837 - 1 - Qty Subtotal CS -CITY OF LUBBOCK-Premium sup port renewal, PA-5220 $8,500.48 1 $8,500.48 Estimated delivery if purchased today: Oct. 28, 2020 Contract # C000000O06841 Customer Agreement # DIR-TSO-3763 Description SKU Unit Price Qty Subtotal CS -CITY OF LUBBOCK-Premium sup port renewal, PA-5220 AB325838 - 1 - Qty Subtotal CS -CITY OF LUBBOCK-Premium sup port renewal, PA-5020 $7,820.45 1 $7,820.45 Estimated delivery if purchased today: Oct. 28, 2020 Contract # C000000O06841 Customer Agreement # DIR-TSO-3763 Description SKU Unit Price Qty Subtotal CS -CITY OF LUBBOCK-Premium sup port renewal, PA-5020 AB325839 - 1 - Qty Subtotal Page 3 CS -CITY OF LUBBOCK-Premium sup port renewal, PA-5220 $8,500.48 1 $8,500.48 Estimated delivery if purchased today: Oct. 28, 2020 Contract # C000000O06841 Customer Agreement # DIR-TSO-3763 Description SKU CS -CITY OF LUBBOCK-Premium sup port renewal, PA-5220 AB325840 CS -CITY OF LUBBOCK-PANDB URL f iltering subscription for devi ce in an HA pair renewal, PA-5 220 Estimated delivery if purchased today: Oct. 28, 2020 Contract # C000000O06841 Customer Agreement # DIR-TSO-3763 Description SKU CS -CITY OF LUBBOCK-PANDB URL f iltering subscription for devi ce in AB325841 an HA pair renewal, PA-5 220 CS -CITY OF LUBBOCK-Threat prev ention subscription renewal, P A-5020 Estimated delivery if purchased today: Oct. 28, 2020 Contract # C000000O06841 Customer Agreement # DIR-TSO-3763 Description SKU CS -CITY OF LUBBOCK-Threat prevention subscription renewal, P A- AB325842 5020 CS -CITY OF LUBBOCK-PANDB URL f iltering subscription for devi ce in an HA pair renewal, PA-5 220 Estimated delivery if purchased today: Oct. 28, 2020 Contract # C000000O06841 Customer Agreement # DIR-TSO-3763 Description SKU CS -CITY OF LUBBOCK-PANDB URL f iltering subscription for devi ce in AB325843 an HA pair renewal, PA-5 220 CS -CITY OF LUBBOCK-Threat prev ention subscription for device in an HA pair renewal, PA-522 0 Estimated delivery if purchased today: Oct. 28, 2020 Contract # C000000O06841 Customer Agreement # DIR-TSO-3763 Description SKU CS -CITY OF LUBBOCK-Threat prev ention subscription for device in an AB325844 HA pair renewal, PA-522 0 CS -CITY OF LUBBOCK-Threat prev ention subscription for device in an HA pair renewal, PA-502 0 Estimated delivery if purchased today: Oct. 28, 2020 Contract # C000000O06841 Customer Agreement # DIR-TSO-3763 Description SKU Unit Price Qty Subtotal - 1 - Qty Subtotal $4,937.12 1 $4,937.12 Unit Price Qty Subtotal 1 - Qty Subtotal $5,642.42 1 $5,642.42 Unit Price Qty Subtotal 1 - Qty Subtotal $4,937.12 1 $4,937.12 Unit Price Qty Subtotal - 1 - Qty Subtotal $4,937.12 1 $4,937.12 Unit Price Qty Subtotal 1 - Qty Subtotal $3,949.70 1 $3,949.70 Unit Price Qty Subtotal Page 4 CS -CITY OF LUBBOCK-Threat prev ention subscription for device in an AB325845 - 1 - HA pair renewal, PA-502 0 Qty Subtotal CS -CITY OF LUBBOCK-PANDB URL f iltering subscription for $3,949.70 1 $3,949.70 devi ce in an HA pair renewal, PA-5 020 Estimated delivery if purchased today: Oct. 28, 2020 Contract # C000000O06841 Customer Agreement # DIR-TSO-3763 Description SKU Unit Price Qty Subtotal CS -CITY OF LUBBOCK-PANDB URL f iltering subscription for devi ce in AB325846 - 1 an HA pair renewal, PA-5 020 Subtotal: $69,881.58 Shipping: $0.00 Estimated Tax: $0.00 Total: $69,881.58 Page 5 Important Notes Terms of Sale This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote ("Supplier") and the entity to whom this Quote was issued ("Customer'). Unless otherwise slated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to Tax_Department@dell.com or ARSalesTax@emc.com, as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer's affiliate and Supplier or a Supplier's affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell's Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a-Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the "Governing Terms'). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier. Supplier Software Licenses and Services Descriptions: Customer's use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier -branded standard services are stated at www.dell.com/seNicecontracts/global or for certain infrastructure products at www.de llemc. com/en-us/customer-services/prod uct-warra nty-and-service-descriptions.htm Offer -Specific, Third Party and Program Specific Terms: Customer's use of third -party software is subject to the license terms that accompany the software. Certain Supplier -branded and third -party products and services listed on this Quote are subject to additional, specific terms staled on www.dell.com/offeringspecificterms ("Offer Specific Terms"). In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer -specific terms in a written agreement with the end -user and provide written evidence of doing so upon receipt of request from Supplier. In case of Financing only: If Customer intends to enter into a financing arrangement ("Financing Agreement") for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre -approved by Supplier (" FS"), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer's use (and Customer's resale of and the end -user's use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier. Customer represents that this transaction does not involve: (a) use of U,S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier's compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement. For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer's invoice. Supplier encourages customers to dispose of electronic equipment properly. Electronically linked terms and descriptions are available in hard copy upon request. "Dell Business Credit (DBC): OFFER VARIES BY CREDITWORTHINESS AS DETERMINED BY LENDER. Offered by WebBank to Small and Medium Business customers with approved credit. Taxes, shipping and other charges are extra and vary. Minimum monthly payments are the greater of $15 or 3% of account balance. Dell Business Credit is not offered to government or public entities, or business entities located and organized outside of the United States. Customer agrees to accept delivery of its order within a reasonable amount of time from when the order is shipped. Page 6 March 24, 2020 Dear Sirs, Dell Marketing LP is a wholly owned subsidiary of Dell Technologies Inc., a publicly traded business entity since December 2018. This is publicly available information and is posted on the SEC website, for a SEC reference document please see the following that lists all subsidiaries of Dell Technologies, Inc. as of the date specified: https://www.sec.gov/Archives/edgar/data/i 571996/000157199619000008/exhibit 211 020119.htm Dennis Brabandt Dell Marketing L.P. Contract Program Manager Cheryl Brock Changed On Description 09/14/2020 Approved User ID 09/14/2020 Completed 09/14/2020 Complete Date 09/1412020 Item Review Status ID 09/14/2020 Passed 09/14/2020 StatusChangedDate James Brown Changed On Description 09/09/2020 Approved User ID 09/09/2020 Completed 09/0912020 Complete Date 09/0912020 Item Review Status ID 09/092020 Passed 09/092020 StatusChangedDate Jay Zhine Changed On Description 09/09/2020 Plan added 09/10/2020 Attachment added 09/102020 Attachment added Jessie Montes Jr. Before [none] No [none] Under Review No [none] Before [none] No [none] Under Review No [none] Before After Current Balance Cost of Good/Services Brock, Cheryl $154,150.74 $69,881.58 Yes $154,150.74 $69,881.58 9/14/2020 $154,150.74 $69.881.58 Approved $154,150.74 $69,881.58 Yes $154,150.74 $69,881.58 9/14/2020 $154,150.74 $69,881.58 After Current Balance Cost of Good/Services Brown, James $154,150.74 $69,881.58 Yes $154,150.74 $69,881.58 9/9/2020 $154,150.74 $69,881.58 Approved $154,150.74 $69,881.58 Yes $154,150.74 $69,881.58 9/9/2020 $154,150.74 $69,881.58 After Current Balance Cost of Good/Services $154,150.74 $69,881.58 $154,150.74 $69,881.58 Changed On Description Before After 09/10/2020 End Date [none] 9/10/2020 09/10/2020 Workflow Step General Reas [none] Not Needed 09/102020 Workflow Status Not Started Skipped 09/102020 Workflow Step General Reas SKIP : ( By: Jessie Montes Jr.) 09/10/2020 End Date [none] 9/10/2020 09/102020 Workflow Step General Reas [none] Not Needed 09/102020 Workflow Status Not Started Skipped 09/10/2020 Workflow Step General Reas SKIP: ( By: Jessie Montes Jr.) $154,150.74 $69,881.58 Current Balance Cost of Good/Services $154,150.74 $69,881.58 $154,160.74 $69,881.58 $154,150.74 $69,881.58 $154,150.74 $69,881.58 $154,150.74 $69,881.58 $154,150.74 $69.881.58 $154,150.74 $69,881.58 $154,150.74 $69,881.58 Additional Info Item Review (Budget Director) Item Review (Budget Director) Item Review (Budget Director) Item Review (Budget Director) Item Review (Budget Director) Item Review (Budget Director) Additional Info Item Review (Purchasing Approval) Item Review (Purchasing Approval) Item Review (Purchasing Approval) Item Review (Purchasing Approval) Item Review (Purchasing Approval) Item Review (Purchasing Approval) Additional Info Plan (PUR-2020-15503) Attachment (Dell 1295 Lelter_Cert of Conformance.pdf) Attachment (Dell Quote 3000068658550 1 _091020 _Palo Alto.pdf) Additional Info Plan workflow step action text: (Facilities) Plan workflow step action text: (Facilities) Plan workflow step action text: (Facilities) Not Needed Plan workflow step action text: (Risk Management Coordinator) Plan workflow step action text: (Risk Management Coordinator) Plan workflow step action text: (Risk Management Coordinator) Not Needed September 14, 2020 Page 1 of 3 09/14/2020 End Date [none] 9/1412020 $154,150.74 $69,881.58 Plan workflow step text: (Completion of Contract Details) 09/14/2020 Workflow Status Not Started Skipped $154,150.74 $69,881.58 Plan workflow step text: (Completion of Contract Details) 09114/2020 End Date [none] 9/14/2020 $154,150.74 $69,881.58 Plan workflow step action text: (Upload Contract) 09/14/2020 Workflow Step General Reas [none] Not Needed $154,150.74 $69,881.58 Plan workflow step action text: (Upload Contract) 09/14/2020 Workflow Status Not Started Skipped $154,150.74 $69,881.58 Plan workflow step action text: (Upload Contract) 09/14/2020 End Dale [none] 9/1412020 $154,150.74 $69,881.58 Plan workflow step action text: (Attach Insurance Information) 09/14/2020 Workflow Step General Reas [none] Not Needed $154,150.74 $69,881.58 Plan workflow step action text: (Attach Insurance Information) 09/14/2020 Workflow Status Not Started Skipped $154,150.74 $69,881.58 Plan workflow step action text: (Attach Insurance Information) 09/14/2020 End Date [none] 9/14/2020 $154,150.74 $69,881.58 Plan workflow step text: (Final Approvals) 09/14/2020 Workflow Status Not Started Skipped $154,150.74 $69,881.58 Plan workflow step text: (Final Approvals) 09/14/2020 End Date [none] 9/14/2020 $154,150.74 $69,881.58 Plan workflow step action text: (Create Final Approvals) 09/1412020 Workflow Step General Reas [none] Budget Approved $154,150.74 $69,881.58 Plan workflow step action text: (Create Final Approvals) 09114/2020 Workflow Status Not Started Skipped $154,150.74 $69,881.58 Plan workflow step action text: (Create Final Approvals) 09114/2020 Plan workflow status change, Completion of Contract Details v.1 $154,150.74 $69,881.58 Plan (PUR-2020-15503) Skipped 09/14/2020 Plan workflow status change, Final Approvals v.t Skipped $154,150.74 $69,881.58 Plan (PUR-2020-15503) 09/14/2020 Workflow Step General Reas SKIP: ( By: Jessie Montes Jr.) $154,150.74 $69,881.58 Not Needed 09114/202O Workflow Step General Reas SKIP: ( By: Jessie Montes Jr.) $154,150.74 $69,881.58 Not Needed 09/1412020 Workflow Step General Reas SKIP: ( By: Jessie Montes Jr.) $154,150.74 $69,881.58 Budget Approved 09/1412020 Completed No Yes $154,150.74 $69,881.58 Plan (PUR-2020-15503) 09/14/2020 Complete Date [none] 9/14/2020 $154,150.74 $69,881.58 Plan (PUR-2020-15503) 09114/2020 Plan Status Under Review Approved $154,150.74 $69,881.58 Plan (PUR-2020-15503) Mark Yearwood Changed On Description Before After Current Balance Cost of Good/Services Additional Info 09/11/2020 Approved User ID [none] Yearwood, Mark $154,150.74 $69,881.58 Item Review (Assistant City Manager/CFO) 0911112020 Completed No Yes $154,150.74 $69,881.58 Item Review (Assistant City Manager/CFO) 09/11/2020 Complete Date [none] 9/11/2020 $154,150.74 $69,881.58 Item Review (Assistant City Manager/CFO) 09/11/2020 Item Review Status ID Under Review Approved $154,150.74 $69,881.58 Item Review (Assistant City Manager/CFO) 09/1112020 Passed No Yes $154,150.74 $69,881.58 Item Review (Assistant City Manager/CFO) 09/11/2020 StatusChangedDate [none] 9/11/2020 $154,150.74 $69,881.58 Item Review (Assistant City Manager/CFO) September 14, 2020 Page 2 of 3 Marta Alvarez Changed On Description Before After 09/09/2020 AssigneclTo Alvarez, Marta Monies Jr., Jessie 09/09/2020 Geo Rules Caller Type None Submittal_ Received 09/09/2020 Workflow Status Not Started Started 09/09/2020 Plan Submittal added 09/09/2020 Start Date [none] 9/9/2020 09/09/2020 Workflow Status Not Started Started 09/092020 Assigned User ID Alvarez, Marta Yeanvood, Mark 09/092020 Assigned User ID Alvarez, Marta Brown, James 09/092020 Geo Rules Caller Type None Submittal —Received 09/09/2020 GeoRulesSubmittal [none] 6cfl3828-6ddO-432c-a3bb-le3e6480b13 5 09/092020 Plan Submittal added 09/092020 Start Date [none] 9/9/2020 09/092020 Workflow Status Not Started Started 09/10/2020 Attachment deleted Current Balance Cost of Good/Services Additional Info $154,150.74 $69.881.58 Plan (PUR-2020-15503) $154,150.74 $69,881.58 Plan (PUR-2020-15503) $154,150.74 $69,881.58 Plan workflow step text: (initial Internal Review by Purchasing) $154,150.74 $69,881.58 Plan submittal text: (9/912020) $154,150.74 $69,881.58 Plan workflow step action text: (Completeness Check) $154,150.74 $69,881.58 Plan workflow step action text: (Completeness Check) $154,150.74 $69.881.58 Plan Submittal Item Review (Assistant City Manager/CFO) $154,150.74 $69.881.58 Plan Submittal Item Review (Purchasing Approval) $154,150.74 $69,881.58 Plan(PUR-2020-15503) $154,150.74 $69,881.58 Plan (PUR-2020-15503) $154,150.74 $69,881.58 Plan submittal text: (9/912020) $154,150.74 $69,881.58 Plan workflow step action text: (Budget Director) $154,150.74 $69,881.58 Plan workflow step action text: (Budget Director) $154,150.74 $69,881.58 Attachment (Dell Quote 3000068486479 1 _090920 _Palo Allo.pdf) September 14, 2020 Page 3 of 3