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HomeMy WebLinkAboutResolution - 2022-R0360 - PO 33001649 with Mythics, Inc 8.23.22Resolution No. 2022-RO360 Item No. 6.18 August 23, 2022 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 33001649, for the purchase of Oracle license, maintenance, and support for JD Edwards, as per DIR-TSO-4158, by and between the City of Lubbock and Mythics, Inc. of Virginia Beach, Virginia, 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 23, 2022 ATTEST: V'-e" "�c - RebeccA Garza, City Secreta APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: R �#oke, ssistant City Attorney RES.PO 33001649-Mythics, Inc. 8.11.22 400 City of Lubbock PURCHASE ORDER TEXAS TO: MYTHICS INC 4525 MAIN STREET SUITE 1500 VIRGINIA BEACH VA 23462 Page - 1 Date - 8/2/2022 Order Number 33001649 000 OP Branch/Plant 3410 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvarez, Director of Purchasing & Contract Management Ordered 8/2/2022 Freight Requested 8/2/2022 Taken By YBUSBY Delivery Per J Zhine / Req # 59138 PUR 16764/Q #SR6263314 FY23/DIR-TSO-4158 If you have any questions contact Jay Zhine.jzhine@mylubbock.us Phone 806-775-2366 Description/Supplier Item JDE El Human Resources Employee Perptual License 2270 JDE E 1 Time & Labor 2270 Thru 9/30/23 Employee 2270 JDE E1 Payroll through 9/31/23 Employee Perptual License 2270 Oracle Tech Foundation/JDE E1 per User Thru 9/30/23 200 JDE E1 OneViewRpt Pay 10/22- 9/23 CSI 19444976 ApplUsrPerp5 JDE E1 OneViewRpt Fdn 10 22- 9/23 CSI 19444976 ApplUsrPrpl 1 JDE E1 OneViewRptPrjCst 10.,22- 9/23 CSI 19444976 ApplUsrPerp5 JDE E1 OneViewRpt Inven 10/22- 9/23 CSI 19444976 ApplUsrPerp5 Ordered Unit Cost UM 1.000 53,449.1300 EA 1.000 31,780.6300 EA 1.000 65,005.8000 EA Extension Request Date 53,449.13 8/2/2022 31,780.63 8 2 2022 65,005.80 8/2/2022 1.000 13,363.8400 EA 13,363.84 8.;2/2022 1.000 1,249.4900 EA 1,249.49 8/2/2022 1.000 2,748.7600 EA 2,748.76 8/2.'2022 1.000 1,249.4900 EA 1,249.49 8 2,2022 1.000 1,249.4900 EA 1,249.49 8/2/2022 AVF41�01 City of Lubbock TEXAS PURCHASE ORDER TO: MYTHICS INC 4525 MAIN STREET SUITE 1500 VIRGINIA BEACH VA 23462 Page - 2 Date - 8/2/2022 Order Number 33001649 000 OP Branch/Plant 3410 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta A ez, Director of Purchasing & Contract Management Ordered 8/2/2022 Freight Requested 8/2/2022 Taken By YBUSBY Delivery Per J Zhine / Req # 59138 PUR 16764/Q #SR6263314 FY23/DIR-TSO-4158 Description/Supplier Item Ordered Unit Cost _UM Extension Request Date JDE E1 OneViewRpt Finan 10/22- 1.000 1,249.4900 EA 1,249.49 8/2/2022 9 23 CSI 19444976 ApplUsrPerp5 JDE E1 OneViewRpt HR 10 22- 1.000 1,499.2300 EA 1,499.23 8/2/2022 9 23 CSI 19444976 ApplUsrPerp6 JDE E1 Human Resources 10 22- 1.000 3,698.2000 EA 3,698.20 8:'2/2022 9/23 CSI 22591328 ApplUsrPerp JDE E1 Payroll 10.'22-923 1.000 2,198.9200 EA 2,198.92 8'2,2022 CS122591328 ApplUsrPerp 155 JDE E1 Time&Labor 10/22-9,13 1.000 4,497.8100 EA 4,497.81 8/21'2022 CSI22591328 ApplUsrPerp 155 Total Order Terms NET 30 DAYS 183,240.28 NOTE: Insurance required for this purchase order listed in Attachment A This purchase order encumbers funds in the amount of $183,240.28 awarded to Mythics, Inc. of Virginia Beach, VA, on August 23 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated June 20, 2022, from Mythics, Inc. of Virginia Beach, VA and DIR-TSO-4158. Resolution # 2022-RO360 CITY O C IVW� -J\C Tray 7 Rebeck Garza, City Secretary Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDGES by suoolving 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 the City's terms and conditions and any terms and conditions provided by the Contractorthe terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed urn by the nanies and any nnnr 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply withal] 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 I I 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 fitight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or spectral 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 wan -ants 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 contact 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) f rmished by the Seller, if any. In the evenlof 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 patty 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 render the law and under this Contract including, but not limited to, its right pertaining to termination or default. The wan -antics 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 byway 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 issued on the grounds of infiingement of the hike. 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. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation Por 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 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 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 ofcancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Terunation" 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 tents 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 conformity with this paragraph. IS.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. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement fbr 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 tetra 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 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. 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, arid, 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. 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, contact, 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 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. 27. The Contractor shall not assign or sublet the contract, or any portion of the contract, 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 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. Texas Government Code. 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: Into, www.6.lubbock.tx.us/denarmental- websites/deoartmenWourchasinz/vendor-in formation 30. No Boycott of Israel Pursuant to Section 2271.002 of the Texas Goverment 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 sate any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it times an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies 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. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contras resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Goverment Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract an be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 35. Pursuant to Section 552.301(c) of the Texas Goverment Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed request: omaimylubbock_us. Please send this request to this email address for it to be processed 15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer REV. 32022 iiMYTH ICS'" 4525 Main Shseq Suite 1500 yyirppinla Beach, VA 23462 PhMIp McGowan Phone: 757-785-94H 1—.(757)112-1060 Emai : pmegowan�rrryDrla.eom FD 0 Teri ID1p: 967e71 CAGE Code: 1TA34 Company Nam: City Of Lubbock ComaeE Jay Dine Phone Number: {WL77,5-2366 Emall: Wdneftmai�l.ci.lubbodLbLus Prokret Oracle Support Platinum Partner Texas DIR-TS0-4158 Quote Number SR 8283314 FY23 Prepared On: June 13, 2022 Valid ThrouyhSeptember 30, 2022 Please Include this reference on a This PO incorporates the terms of Mythics quote number SR 6263314 FY23 valid PO: including the Texas DIR-TS0-4158 by reference ORACLE SUPPORT RENEWAL 1 8>� Oracle Product Onnoriction / License Tvns nd p go moo Support Type EXIS Eft Co.b S233314 1 19444976 JD Edwards EnterprissOne Human Resources - Employee Perpetual 10/12022 9/30/2023 2270 Software Update License & Support $ 39,449.13 2 19444976 JD Edwards Enterpdee0no Time and Labor - Employee Perpetual 1011r= 9/30/2023 =70 l Software Update License & Support $ 31,780.63 3 19444976 JD Edwards Ertarprise0ne Payroll - Employee Perpetual 1011r2m 9/30/2023 2270 Software Update License & Support $ 65,005.80 4 19444976 Oracle Technology Foundation oundatio � D Elward3 Enteryrise0ne - AWIcationl 10/1/2022 9/30/2023 2W Software Update License & Support $ +3,]83.34 5 19444976 JD Edwards EMapdae0ne OneMew Reporting for Payroll - Application 10✓12022 9/30/2=1 5 Software Update License & Support $ 1,249AS S 19444976 JO Edwards Enterprise One View Reporting Foundation - Application 10112022 91302023 11 Software Update License & Support $ X74IL76 7 1944076 JD Edwards Enleprise0ne One View Reporting for Project Coaling - 10 WI= 9/302023 5 software Update License & Support $ 1,2A9A8 a 19444976 JD Edwards Enterpdse0ne OneMel Ong for Inventory Management 10//2022 9/30I= 5 Software Update License & Support S 1,249.49 9 19444976 JD Edwards Enterprise n OneueMew Reporting for Financials - Appljoazon PWPdLtj 10/1/1022 9rJ02023 5 Software update License & Support s 1,249A9 10 19444976 JD Edwards Enterprise0ne One View User Reporling for Human Resources - 101V2022 W30/2023 6 Software Update Licence &support $ 7,499.22 Contract:+9734312 11 22591328 JD Edwards Enierpriso0ne Human Resources - Employee Perpetual 10112022 9/304M 155 Software Update License & Support $ 3,698.20 12 22591328 JD Edwards EnterprissOra Time and Labor - Employee Perpetual 10/12= 9/30/2t121 155 Software Update License & Support $ 2,198.92 13 2259132E JD Edwards EnlarprWoOns Payroll - Employee Perpetal 10/V2022 9/30/2023 155 SCUM Update Lkxxae & Support $ 4,497J111 SULS SUBTOTAL $ 183,240.23 RECOMMENDEQ ON -DEMAND SERVICES: Ask me about our On-Danand Sevkas WA SUPPORT TOTAL $ 183,240.28 TOTAL WA tiff alsoPurchashe9 ay. omDamand ntarvkes) This quotation contains data that shall not be disclosed outside of City O/Lubbock and shall not be duplicated, used, or dlsdased -In whole or In part -for any purpose without the express written consent of Mythks Inc unless otherwise required by low Is quotation Is an estimate and Is an Invitation for you to offer to purchase products and Services from Mythlcs. Your order Is subject to MythloB' acceptance and to software licensing terms and conditions per reference to existing licensdcortract or a newly executed license accompanying your order. thlcs DUNSM 01335=2 thics Fed Tax ID# 54-1987871 .GE CODE: 1TA34 JC:423430 pport services are provided under Orede's then current techncal support policies located at ht4)YMrww.omde.00m/supMVpdidea.htnd. u agree that Mythlos has the right to cancel your support due to non-payment die Is available for download at no additional cost at httpY/edellvery.omcb.o*W confirming, referencing or placing an order based on this quote, you are agreeing that the software products being purchased are for electronic del" only and Uwe Is no transfer of tangible property. reliance on your order, Mythloa will Issue a nontanoellable order with Its supplier for software or hardware products ordered. Therefore all orders are non -cancellable. Agreement its 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 Orede America, e. ('Oracle"), effective July 27, 2018 (DIR Contract No. DIR-TSO-4158 Oracle Contract No. US•GMA-1889784) and all amendments and addenda thereto ('agreement"). The defined terra In the agreement shall have the me meaning In this order unless otherwise specified herein. Generallrenns Summary of Fees hu have ordered programs, hardware, and/or 12 months of technical support services. Listed above is a summary of net fees due under Oft order. These fees are In US Dollars and are exclusive of any applicable shlpping arges or applicable taxes. All fees are due In accordance with Appendix A, Section 8.J of the agreement. Terftory The program licenses included an this order are for use In the U.S. Delivery 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) Oracle has made available to you the ordered programs for electronic download In accordance with the temps of section A of Appendix F of the agreement 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•) e purchase of (a) hardware andfor related hardware support (b) programs and/or related technical Support, or (c) other services are an separate offers and separate from any other ardor for (I) hardware and/or related rdware support, (IQ programs and/or related technical support or (01) other services you may receive or have received from Oracle. You understand that you may purchase (x) hardware and/or related hardware Support, (y) )grams and/or related technical Support or (z) other services independently of any other product or service. Your obligation to pay for 0) hardware and/or related hardware support Is not contingent on performance of arty her service or delivery of programs, (In programs and/or related technical support Is not contingent on delivery of hardware or performance of any other service, or (W) other services Is not contingent on delivery of rdware, delivery of programs or performance of any addftlo allot her service. admsI ng Instructions: ease include the following statements In your order: Mythics Quote 41 SR 6263314 FY23 . This order Is placed pureuent to the tam and conditions of the DIR Contmd No. DIR-TSO4158 Oracle Contract No. US-GMA-1889764. Payment terms are: Quarterly In arrears. This PO Incorporates the terns of MyBdes quote number SR 6263314 FY23Including the Terms DIR-TSO4158 by rehrenc�e Attachment A Commercial Liability Requirements: $1M occurrence/$2M aggregate (can be combined with an Excess Liability to meet requirement0. CGL is required in all contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Commercial General Liability to include products-Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Cyber Liability Requirements: $1M of coverage is needed for Cyber Liability. Technology Error and Omissions Requirements: $1M of coverage is needed. * The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non- payment. * Carriers must meet a A.M. Best rating of A- or better. * Subcontractors must carry same limits as listed above. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2022-918116 Date Filed: 08/03/2022 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Mythics, Inc. Virginia Beach, VA United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Information Technology City of Lubbock 3 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. 16764 Support Renewal 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary LaRose, Robert Virginia Beach, VA United States X Hillier, Michael Virginia Beach, VA United States X Altamura, Doug Virginia Beach, VA United States X Smutz, Shane Virginia Beach, VA United States X Wergley, Albert Virginia Beach, VA United States X Needleman, Scott Virginia Beach, VA United States X Seifert, Paul Virginia Beach, VA United States X Sirh, Peter Virginia Beach, VA United States X Mythics Emergent Group, Inc. Virginia Beach, VA United States X Hodgkiss, Kevin Virginia Beach, VA United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of 2 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2022-918116 Date Filed: 08/03/2022 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Mythics, Inc. Virginia Beach, VA United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Information Technology City of Lubbock 3 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. 16764 Support Renewal 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Deonte J. Watters, CCMAP 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 Henry County, State of GA on the 3rd day of August 2022 (month) (year) I ignature of guthorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc