10-10-11 Regular Meeting of La Porte City Council

Browse Search

DIR Contract No. DIR -SDD -890 3. Product and Service Offerings A. Products Products available under this Contract are limited to IT technology products, as defined in the State of Texas Government Code, Chapter 2157 as sold by Vendor, whether Dell- branded or third party products. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.13 above. B. Services Services available under this Contract are limited to services related to IT Technology Products described in Section 3.A. above. Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section 1.13 above. 4. Pricing A. Manufacturer's Suggested Retail Price (MSRP) MSRP is defined as Dell's published retail price. B. Customer Discount The minimum Customer discount for all products and services will be the percentage off MSRP as detailed in Appendix C Product and Pricing Index. Vendor agrees that the DIR standard pricing discounts contained in Appendix C will remain one percent (1 %) better than the Western States Contracting Alliance (WSCA) Category A level, standardized discounts. This extension of competitive volume sales pricing is intended solely to insure that DIR will, at a minimum, remain competitive with the standard price rates set for WSCA as a whole. DIR may not apply, without the express consent of Vendor, any pre- existing discount structure to the WSCA pricing being offered to DIR by Vendor. DIR may either use DIR discounted pricing or the WSCA pricing but may not combine, or compound the two. In the event that DIR pricing fails to remain competitive to WSCA standardized, category level pricing, Vendor shall extend such pricing to DIR. Vendor shall use its commercially reasonable best efforts to notify DIR of such WSCA price change and amend this Contract within thirty (30) days after the amendment to the Vendor's WSCA contract. The introduction of the WSCA pricing to the DIR contract shall be effective from the date of execution into the Contract by amendment. Both parties agree that the pricing shall not be retroactive for DIR and shall not extend back to the date that Vendor reduced WSCA catalog pricing. Further, the parties agree that DIR, or the State of Texas, does not have the right to audit the WSCA contract held by the Vendor. References to the Vendor's WSCA contract are only contained in this Contract for purposes of referencing the pricing discounts contained therein. Both parties acknowledge that the Vendor's WSCA contract and pricing are readily available to the public and may be freely accessed by the internet for the purposes of validation under the terms and conditions of this Contract. Page 2 of 15