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Home My WebLink AboutResolution - 2021-R0318 - PO 33001532 with Mythics, Inc. 8.24.21Resolution No. 2021-RO318 Item No. 7.31 August 24, 2021 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. 33001532 for the renewal of the Oracle License Maintenance & Support for the JD Edwards Enterprise One and One View Reporting Applications, by and between the City of Lubbock and Mythics, Inc., of Virginia Beach, VA, 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 August 24, 2021 DANIEL M. POPE, MAYOR ATTEST: h A" Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: R ooke, Assistant City Attorney RES.Purchase Order 33001532 Mythics, Inc 8.10.21 r.. City of PURCHASE ORDER L�Lubbock MYTHICS INC TO: 4525 MAIN STREET SUITE 1500 VIRGINIA BEACH VA 23462 Page - 1 Date - 8/6/2021 Order Number 33001532 000 OP Branch/Plant 3410 CITY OF LUBBOCK SHIP TO: INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 4BY:y Marta A arez, Director of Purchasing & Contract Management Ordered 8/6/2021 Freight Requested 8/6/2021 Taken By Y BUSBY Delivery Per J Zhine / Req # 57695 PUR 16064/Q 4SR6263314 FY21/DIR-TSO-4158 If you have any questions contact Jay Zhine: jzhine@mylubbock.us Phone 806-775-2366 Description/Supplier Item Ordered Unit Cost UM Extension Request Date JDE El Human Resources 1.000 51,393.3900 EA 51,393.39 8/6/2021 Employee Perptual License 2270 JDE E1 Time & Labor 2270 1.000 30,558.3000 EA 30,558.30 8/6/2021 Thut 9/30/22 Employee 2270 JDE E1 Payroll through 9/31/22 1.000 62,505.5800 EA 62,505.58 8/6/2021 Employee Perptual License 2270 Oracle Tech Foundation/JDE E1 1.000 12,849.8500 EA 12,849.85 8/6/2021 per User Thrtt 9/30/22 200 JDE E1 OneViewRpt Pay 10/21- 1.000 1,201.4300 EA 1,201.43 8/6/2021 9/22 CSI 19444976 ApplUsrPerp5 JDE E1 OneViewRpt Fdn 10/21- 1.000 2,643.0400 EA 2,643.04 8/6/2021 9/22 CSI 19444976 ApplUsrPrp I I JDE E1 OneViewRptPrjCst 10/21- 1.000 1,201.4300 EA 1,201.43 8/6/2021 9/22 CSI 19444976 ApplUsrPerp5 JDE E1 OneViewRpt Inven 10/21- 1.000 1,201.4300 EA 1,201.43 8/6/2021 9/22 CSI 19444976 ApplUsrPerp5 City of PURCHASE ORDER (�� >Lubbo& TEXAS MYTHICS INC TO: 4525 MAIN STREET SUITE 1500 VIRGINIA BEACH VA 23462 Page - 2 Date - 8/6/2021 Order Number 33001532 000 OP Branch/Plant 3410 CITY OF LUBBOCK SHIP TO: INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 �"Rf LUBBOCK, TX 79457 BY: Marta LNLaez, Director of Purchasing & Contract Management Ordered 8/6/2021 Freight Requested 8/6/2021 Taken By Delivery Per J Zhine / Req # 57695 Q #SR6263314 FY21/DIR-TSO-4158 Y BUSBY Description/Supplier Item _ Ordered Unit Cost UM Extension Request Date JDE E1 OneViewRpt Finan 10/21- 1.000 1,201.4300 EA 1,201.43 8/6/2021 9/22 CSI 19444976 ApplUsrPerp5 JDE El OneViewRpt HR I0i21- 1.000 1,441.5600 EA 1,441.56 8/6/2021 9/22 CSI 19444976 ApplUsrPerp6 JDE El Human Resources 10:21- 1.000 3,555.9600 EA 3,555.96 8/6'2021 9/22 CSI 22591328 ApplUsrPerp JDE E1 Payroll 10-21-9/22 1.000 2,114.3600 EA 2,114.36 8/6.`2021 CSI 22591328 ApplUsrPerp 155 JDE E1 Time&Labor 10/21-9/22 1.000 4,324.8200 EA 4,324.82 8/6/2021 Period: October I, 2021 to September 30, 2022 - CSI 22591328 ApplUsrPerp 155 Total Order Terms NET30DAYS 176,192.58 This purchase order encumbers funds in the amount of $176,192.58 awarded to Mythics, Inc. Virgina Beach, VA, on August 24, 2021. The following is incorporated into and made part of this purchase order by reference contract: DIR-TSO-4158 from Mythics, Inc. Virgina Beach, VA. Resolution# 2021-RO318 CITY OF LUBBOCK Dan4Poppe,r ATTEST: Rebecca Gana, ity Secretary, Rev. 1/2020 Seller and Buyer agree as follows: ACCEPTANCE OF THIS PURCHASE ORDER PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS unaersranas, ana will tie in full Compliance with all terms and conditions and the descriptive material contained herein and anv addrt%onal associated documents and Amendments The City disclaims any term androndrtions provided by the Contractor unless agreed upon in wriline by the panics, in the event of t,.r..,»,, r%.e Citv's terms and conditions and any terms and conditions provided by the Contractor, the tenns and conditions provided heron shall prevailThe terns and conditions provided herein are the final tems agEccd upon by the parties. and any prior conflicting terms shall be of no force or effect 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 ifapplicable, (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 ofpackaging 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 goads under reservation and no tender ofa 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 nay then make a conforming tender within the contract time but not afterward. S. 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 w aybill when applicable, should be attached io 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 deln ery. 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, grRs or otherwise. mere offered or given by the Seller, or any agent or representam a of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing ft%omble treatment w ith respect to the awardin•,, or amending. or the inakin_t of any determinations with respect to the perfonmmg 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 Sellet for the purpose of fulling 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. S. WARRANTY -PRICE a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be nit 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 ciirent 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 selhn, agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission. percentage, brokerage, or continent fee excepting bona fide employees of bona fide establi%lied commercial or selling agencies maintained by the Seller for the purpose of securing business For breach of viciat ion 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 an% implied warranties and any attempt to do so shall render this contract %oidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, draw ings, and descriptions lusted in the bid invitation, and to thesample(s) furnished by the Seller. if any. In the event ofa 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 -fire 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 deli%ered 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 in%ol%ed 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 whethergoods 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 ofgoods 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 ofthis 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 arc 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 -current 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 fast. 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 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. 15. TERMINATION. The performance of work under this ordermay be terminated in whole, Orin 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 ifthe 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. 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 all purpose unless made in confonnitywith this paragraph. 1 S. WAIVER. No claim or right arising out ofa 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 aggrie,ed 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 exclush a statement of the terns or their agreement Whenever a lenn 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 go%emed by the Uniform Commercial Code. Wherever the teen Uniform Commercial Code' is used. it shall be construed as meaning the Uniform Coin%nercial Code as adopted in the Slate of Texas as effective and in force on the dateorthis agreement. 21 RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the othet 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 ofthe contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents. officials and einployecs, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses. which %nay in anywise accrue against the Buyer inconsequence 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 ernployees, 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 other me provided by Seller, shall in no way limit the responsibility to indemnify, keep and save hannless 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 w ill 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 w ill be afforded equal opportunities to submit bid; in response to this imitation and mill not bediscriminated 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 pnor to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and im, be exercised con: urently To the extent of any conflict beta een this pro% istun and another provision in, or related to, this document, this pro, ision shall control. 26. RIGHT TO AUDIT At any time during tile 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 rele%ant to all senices provided to the Cit} under this Contract. In the e%enl such an audit by the City re,eals any errors or o%erpayments by the City. Contractor shall refund the City the full amount of such o%erpayments within thirty (30) days of such audit findings, or the City- at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. The Contractor shall not assign or sublet the contract, orally portion of the contact, without written consent from the Director of Purchasing and Contract Management. 28. Contracts %with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited Pursuant to Section 22i2 152 of the Texas Government Code, prohibits the City from entering into a contact with a vendor that is identified by The Comptroller as a company known to hat a contacts with or provide supplies or sect ice with Iran, Sudan or a foreign terrorist organization 29. Texas Government Code. Section 2252.908 requires a business entity entering into certain contacts with a governmental entity orstate 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 slate agency, Instructions for completing Form 1295 are available at: Imr-.. r%rr„ ct.fuhYx,tk.ix_ps. •yart%nrntxi- w.2651rC5 0�ar{�ner:rt n+ir,hacine tender-i0jprnulinn 30. No Boycott of Israel- Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. Contracts with Companies Engaged in Business with Ian, Sudan, or Foreign Terrorist Organization Prohibited Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contact with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Ian, Sudan Ora foreign terrorist organization 32. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552. Government Code, may apply to this contract and the contactor or vendor agrees that the contact can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 33. Pursuant to Section 552.301(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: on -it .m%labb,,c1, 1, ., Please send this request to this email address for it to be processed. REV 1 2020 MYTH ICS" 4525 Main Street, Suite 1500 Virginia Beach, VA 23462 Phillip McGowan Phone: 767-786-9496 Fax: (767) 412-1060 Email: pmcgowan@mythics.com DUNS M 013358002 Fed Tax ID #: 54-1987871 CAGE Code: 1TA34 Company Name: City Of Lubbock Contact: Jay Zhine Phone Number: i806! 775-2366 Email: jzhine@mail.ci.lubbock.tx.us Project: Oracle Support -millPlatinum Partner Texas DIR-TSO-4158 Quote Number: SR 6263314 FY22 Prepared On: June 15, 2021 Valid Through: September 30, 2021 'lease include this reference on a This PO incorporates the terms of Mythics quote number SR 6263314 FY22 valid PO: including the Texas DIR-TSO-4158 by reference ORACLE SUPPORT RENEWAL Line CSI Item Oracle Product Description / License Type Start Date End Date L gglintity.Support Type 7 Extended Price -- Contract:6263314 1 19444976 JD Edwards EnterpriseOne Human Resources - Employee Perpetual 10/1/2021 9/30/2022 2270 Software Update License & Support $ 61,393.39 2 19444976 JD Edwards EnterpriseOne Time and Labor - Employee Perpetual 10/1/2021 10/l/2021 9/30/2022 9/30/2022 2270 2270 Software Update License & Support Software Update License & Support $ 30,668.30 $ 62,605.68 3 19444976 JD Edwards EnterpnseOne Payroll - Employee Perpetual 4 19444976 Oracle Technology Foundation for JD Edwards EnterpriseOne - Application User Perpetual 10/1/2021 9/30/2022 200 Software Update License & Support $ 12,849.85 5 19444976 JD Edwards EnterpriseOne One View Reporting for Payroll - Application User Perpetual 10/1/2021 9/30/2022 5 Software Update License 8 Support $ 1,201.43 6 19444976 JD Edwards EnterpriseOne One View Reporting Foundation - Application User Perpetual 10/1/2021 9/30/2022 11 Software Update License &Support $ 2,643.04 7 19444976 JD Edwards EnterpriseOne One View Reporting for Project Costing - Application User Perpetual JD Edwards EnterpriseOne One View Reporting for Inventory Management - Application User Perpetual 10/1/2021 9/30/2022 5 Software Update License &Support $ 1,201.43 8 19444976 10/1/2021 9/30/2022 5 Software Update License &Support $ 1,201.43 9 19444976 JD Edwards EnterpriseOne One View Reporting for Financials - Application User Perpetual 10/1/2021 1 9/30/2022 9/30/2022 5 6 Software Update License &Support Software Update License & Support $ 1,201.43 $ 1,441.56 10 19444976 JD Edwards EnterpriseOne One View Reporting for Human Resources - Application User Perpetual 10/1/2021 Contract:19734812 11 22591328 JD Edwards EnterpriseOne Human Resources - Employee Perpetual 10/1/2021 9/30/2022 155 Software Update License & Support $ 3,556.96 12 22591328 JD Edwards EnterpnseOne Time and Labor- Employee Perpetual 10/1/2021 9/30/2022 155 Software Update License & Support $ 2,114.36 13 i 22591328 JD Edwards EnterpriseOne Payroll - Employee Perpetual 10/1/2021 9/30/2022 155 Software Update License & Support $ 4,324.82. SULS SUBTOTAL $ 176,192.68 RECOMMENDED ON -DEMAND SERVICES: Ask me about our On -Demand Services N/A SUPPORT TOTAL $ 176,192.50 TOTAL NIA (if also purchasing optional On -Demand services) This quotation contains data that shall not be disclosed outside of city of Lubbock and shall not be duplicated, used, or disclosed — 'n whole or in part —for any purpose withou tten consent of Mythn Inc. unless otherwise required by low aaitional lntormation: This quotation is an estimate and is an invitation for you to offer to purchase products and services from Mythics. Your order is subject to Mythics' acceptance and to software licensing terms and conditions per reference to an existing license/contract or a newly executed license accompanying your order. Mythics DUNS#: 013358002 Mythics Fed Tax ID# 54-1987871 CAGE CODE: 1TA34 NAIC: 423430 Support services are provided under Oracle's then current technical support policies located at: http://www.oracle.com/supporttpolicies.html. You agree that Mythics has the right to cancel your support due to non-payment. Media is available for download at no additional cost at hftp://edelivery.oracle.com/ By confirming, referencing or placing an order based on this quote, you are agreeing that the software products being purchased are for electronic delivery only and there is no transfer of tangible property. In reliance on your order, Mythics will issue a non -cancellable order with its supplier for software or hardware products ordered. Therefore all orders are non -cancellable. 1. Agreement This order incorporates by reference the terms of the Contracts for Products and Related Services between the State of Texas acting by and through the Department of Information Resources ("DIR") and Oracle America, Inc. ("Oracle"), effective July 27, 2018 (DIR Contract No. DIR-TS0-4158 Oracle Contract No. US-GMA-1889764) and all amendments and addenda thereto ("agreement"). The defined terms in the agreement shall have the same meaning in this order unless otherwise specified herein. B. General Terms 1. Summary of Fees You have ordered programs, hardware, and/or 12 months of technical support services. Listed above is a summary of net fees due under this order. These fees are in US Dollars and are exclusive of any applicable shipping charges or applicable taxes. All fees are due in accordance with Appendix A, Section 8.J of the agreement. 2. Territory a. The program licenses included on this order are for use in the U.S. 3. Delivery a. Your purchase order must include the following delivery information: Delivery Contact (Name, email address and telephone number) and Delivery Location (your name, full street address, city and zip code). b. Oracle has made available to you the ordered programs for electronic download in accordance with the terms of section A of Appendix F of the agreement. 5. Segmentation [This language is consistent with the agreement, Appendix F, Section E (Segmentation) and is required by Oracle to be included on the ordering document for accounting purposes.] The purchase of (a) hardware and/or related hardware support, (b) programs and/or related technical support, or (c) other services are all separate offers and separate from any other order for (i) hardware and/or related hardware support, (ii) programs and/or related technical support, or (iii) other services you may receive or have received from Oracle. You understand that you may purchase (x) hardware and/or related hardware support, (y) programs and/or related technical support, or (z) other services independently of any other product or service. Your obligation to pay for (i) hardware and/or related hardware support is not contingent on performance of any other service or delivery of programs, (ii) programs and/or related technical support is not contingent on delivery of hardware or performance of any other service, or (iii) other services is not contingent on delivery of hardware, delivery of programs or performance of any additional/other service. Purchasing Instructions: Please include the following statements in your order: 1. Mythics Quote #: SR 6263314 FY22 . 2. This order is placed pursuant to the terms and conditions of the DIR Contract No. DIR-TSO-4158 Oracle Contract No. US-GMA-1889764. 3. Payment terms are: Quarterly in arrears. This PO incorporates the terms of Mythics quote number SR 6263314 FY22 including the Texas DIR-TSO-4158 by reference. Brooke Witcher Changed On Description Before After 08/05/2021 Completed No Yes 08/05/2021 Complete Date [none] 8/5/2021 08/05/2021 Plan Status Under Review Approved 08/05/2021 Approved User ID [none] Witcher, Brooke 08/05/2021 Completed No Yes 08/05/2021 Complete Date [none] 8/5/2021 08/05/2021 Item Review Status ID Under Review Approved 08/05/2021 Passed No Yes 08/05/2021 StatusChangedDate [none] 8/5/2021 Cheryl Brock Changed On Description 08/11/2021 Approved User ID 08/11/2021 Completed 08/11/2021 Complete Date 08/11/2021 Item Review Status ID 08/11/2021 Passed 08/11/2021 StatusChangedDate Before [none] No [none] Under Review No [none] After Brock, Cheryl Yes 8/11 /2021 Approved Yes 8/11/2021 Current Balance Cost of Good/Services Additional Info $893,881.99 $176,192.58 Plan (PUR-2021-16064) $893,881.99 $176,192.58 Plan (PUR-2021-16064) $893,881.99 $176,192.58 Plan (PUR-2021-16064) $893,881.99 $176,192.58 Item Review (Assistant City Manager/CFO) $893,881.99 $176,192.58 Item Review (Assistant City Manager/CFO) $893,881.99 $176,192.58 Item Review (Assistant City Manager/CFO) $893,881.99 $176,192.58 Item Review (Assistant City Manager/CFO) $893,881.99 $176,192.58 Item Review (Assistant City Manager/CFO) $893,881.99 $176,192.58 Item Review (Assistant City Manager/CFO) Current Balance Cost of Good/Services Additional Info $893,881.99 $176,192.58 Item Review (Budget Director) $893,881.99 $176,192.58 Item Review (Budget Director) $893,881.99 $176,192.58 Item Review (Budget Director) $893,881.99 $176,192.58 Item Review (Budget Director) $893,881.99 $176,192.58 Item Review (Budget Director) $893,881.99 $176,192.58 Item Review (Budget Director) August 19, 2021 Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-792898 Mythics, Inc. Virginia Beach, VA United States Date Filed: 08/19/2021 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 16064 Oracle - Texas DIR-TSO-4158 Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Altamura, Doug Virginia Beach, VA United States X Seifert, Paul Virginia Beach, VA United States X Hodgkiss, Kevin Virginia Beach, VA United States X Smutz, Shane Virginia Beach, VA United States X Sirh, Peter Virginia Beach, VA United States X Wergley, Albert Virginia Beach, VA United States X LaRose, R. Scott Virginia Beach, VA United States X Hillier, Michael Virginia Beach, VA United States X Mythics Emergent Group Virginia Beach, VA United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Deonte J. Watters, CCMAP Vice President of Contracts and my date of birth is My address is 4525 Main Street, Suite 1500 Virginia Beach VA 23462 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-792898 Mythics, Inc. Virginia Beach, VA United States Date Filed: 08/19/2021 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 08/19/2021 g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 16064 Oracle - Texas DIR-TSO-4158 Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Altamura, Doug Virginia Beach, VA United States X Seifert, Paul Virginia Beach, VA United States X Hodgkiss, Kevin Virginia Beach, VA United States X Smutz, Shane Virginia Beach, VA United States X Sirh, Peter Virginia Beach, VA United States X Wergley, Albert Virginia Beach, VA United States X LaRose, R. Scott Virginia Beach, VA United States X Hillier, Michael Virginia Beach, VA United States X Mythics Emergent Group Virginia Beach, VA United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc