HomeMy WebLinkAboutResolution - 2018-R0368 - PO Contract 33001065 With Mythics, Inc. - 10/09/2018Resolution No. 2018-RO368
Item No. 6.13
October 9.2018
RESOLUTION
BE 1'1' 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. 33001065 as per DIR Contract DIR-
TSO-2548, 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 October 9, 2018
DANIEL M. POPE, MA OR
ATTEST:
Rebec. a Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
R yoke. Assistant City Attorney
RES. P033001065- DIR=ISO-2548 Mythics, Inc.
9,11.18
// City of
Lubbock
TEXASPURCHASE ORDER
TO:
MYTHICS INC
4525 MAIN STREET
SUITE 1500
VIRGINIA BEACH VA 23462
INVOICE. "r0: WYOPLUBBUCK
ACCOUNTSPAVAIILF.
P.O. BOX 2000
LUaKOCKTX79457
SHIP TO:
Page - I
Date - 9/6/2018
Order Number 33001065 000 OF
410
CITY OF LUBBOCK
INFORMATION TECHNOLOGY
1611 KITH STREET
LUBBOCK TX 79401
Ordered 9/6/2018 Freight
Requested 9/6/2018 Taken By J MONTES
Delivery Per J Zhine / Req N 52662 O#COL 6263314FY 19/DIR-TSO-2548
Description/Supplier Item
Ordered
Unit Cost
UM
Extension
Request Date
JDEEI
OncVimRpt Fdn 10118-
1.000
2.344.5600
EA
2.344.56
9/6/2018
9/19 CSI 19444976 ApplUsrPeM
JDEEI
OneVewRpt Pay 10118-
1.000
1,065.7600
EA
1,065.76
9/6/2018
9/19CSI 19444976 Applll NM
JDEEI
Payroll 10/18.9/19
1.000
55,446.0300
EA
55.446.03
9/6/2018
CST 19444976 GmplyNT
JDE
El Time&Labor 10/I8-9/19
1.000
27,107.2100
EA
27,107.21
9/6/2018
CSI 19444976 EmplyNT
JDE
El OneVicwRpl Finan 10/I8-
1.000
1,065.7600
I:A
1,065.76
9/6/2018
9119 CSI 19444976 ApplUsrPerp
JDE
El OneViewRptPrjCsl 10118-
1.000
1,065.7600
EA
1,065.76
9/6/2018
9/19 CSI 19444976 ApplUsrPcrp
JDE
El OneVicwRpl lnvcn 10/18-
1.000
1,065.7600
EA
1,063.76
9/6/2018
9/19 CSI 19444976 ApplUsrPerp
JDE
El HR 10/18-9/19
1.000
45.589.3200
EA
45,589.32
9/6/2018
CS119444976 EmplyPerp
'Lubbock
TEXAS
PURCHASE ORDER
Page - 2
Date - 9/7/2018
Order Number 33001065 000 OP
410
TO: SHIP TO:
MYTHICS INC CITY OF LUBBOCK
4525 MAIN STREET INFORMATION TECHNOLOGY
SUITE 1500 1611 IOTH STREET
VIRGINIA BEACH VA 23462 LUBBOCK TX 79401
INVOICE TO: CITY OF I.UBBDCK
ACCOUNTSPAVABLF.
P.O. BOX 2000
LUBBOCK, TX 79457
Ordered 9/6/2018 Freight
Requested 9/6/2018 Taken By 1 MONTES:
Delivery Per J Zhine / Req # 52662 Q#COL 6263314FYI 9/DIR-TSO-2548- - _ - -
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
JDE El OneVie.Rpt TER 10/I8- 1.000 1,278.7800 EA 1,278.78 9/6/2018
9/19 CSI 19444976 ApplUsrPerp
Uncle'I'cch FoundaIIONIDE El
CST 19444976 AppuJsrPerp
'18mrs NET 30 DAYS
1.000 11,398.6400 EA 11.398.64 9/6/2018
147,427.58
This purchase order encumbers funds in the amount of $147,427.58 awarded to Mythics Inc of
Virginia Beach, VA on October 9 , 2018. The following is incorporated into and made part of this
purchase order by reference: JD Edwards Entelprise0ne from Mythies Inc of Virginia Beach, VA and
State of Texas Department of Infonnation Resources DIR-TSO-2548. Resolution # 2018-RO368
C y of Lubbo k A TEST:
Daniel M. Pope, Mayor Reb ea Garza, City Sec
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Cm OF LUBBOCK, TX
1. SELLER TO PACKAGE GOODS. Sella will package goods in accordance with good commercial practice.
Each shipping container shall be clearly aid permmeully marked as follows (a) Seller's twine and address,
(b) Consignee's tame, address and purchase order or purchase release number and the supply agreement number
if applicable, (c) Container number and total number of contain, e.g. box I of 4 boxes, and (d) the cumber
of the container heaving the packing slip. Sella shall bear cost of packaging unless otherwise provided. Goods
shall be suitably packed to secure lowest transportation costs and to conform with requirc^Tv of commoi
carriers and any applicable specifications. Buyers count or weight shall be final and conclusive on shipments
not accompanied by packing lists.
2. SHIP.%MWr UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under
reservation will 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 toss of the goods shall nor paw to Buyer until Buyer
actually receives and takes possession of the goods at the point or points of dth%cry
-
4. NO REPLACEMENTOF DEFECTIVE TEhl)ER Every tender of delivery of goods maw fully comply
with all provisions of this contract as to time of delivery, quality and the like. Its tender is made which does not
fully conform this shall constitute a breach and Sella shall not have the right to substitute a conforming tender,
provided, uhae the time for perfamamce has cot yet expired, the Sella may reasonably notify Buyer of his
intention to cure and may then make a conforming tender within the contract time but not afterward.
S. INVOICES ok 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 numbs if applicable. Invoices shall be itanized 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 arc submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Sella. cancel this contract without liability to
Seller if it is determined by Buyer that gratuities, in the form of citMainmcm, gifts or Otherwise. were offered
or given by the Sella, 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 faworabte treatnem with respect to the awarding of
amending, or the making of any determiiations with respect to the performing of such a contract. In the event
This contract is canceled by Buys pursuant to" 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 Q 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 Sella for the purpose of filling this order,
such special tooling equipmem and any process sheets related thereto shall become the property of the Buyer
and to the extent feasible shall be identified by the Sella 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 Lind methods
of purchase. In the event Seller breathes this warranty, the prices of the items shall be reduced to the
Seller's current prices on Orden by others, or in the alternative. Buyer may cancel this contract without
liability to Sella rat breach or Seller's actual expense. b. The Seller warrants that no person or selling agency
has been employed of retained to solicit or secure this contract upon an agreement or understanding for
commission, percentage, brokerage, or contingent fee excepting bona fide employea of bona fide established
commercial or selling agencies maintained by the Seller rot The purpose of securing business. For breach of
viciaiiea of this %a ra my 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 othemisc recover without habilay and to
deduct (rem the contract pram or otherwise recover the full amount of such commission percentage, brokerage
or contingent fee.
9. WARRANTY -PRODUCT. Sella 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. Sella warrants that the goods famished will
conformto the specification, drawings, and descriptions listed in the bid invitation and to the samples) furnished
by the Seger, 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 Sella
represents and warrants f vuh-free performance and fault -Gee result in the processing date and daze 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 caw may
be from the effective date of this Contract. The obligations contained herein apply To products and sin ices
provided by the Sella, its sub. Sella 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 ant! under thus Contract including. but not limited to, its right pertaining to lamination or default. The
%asanties contained bertin are separate and discrete from any other %arramies specified in this Contract,
and are cot subject to any disclaims of warranty, implied or expressed. or limitation of the Sends liability
which may be specked in this Contract. its appendices. its schedules, its annexes or any document incorporated
in this Coetrut by reference.
10. SAFETY WARRANTY. Sena warrants "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 Sella fails to make the appropriate correction within a
reasonable time, correction made by Buyer will be at the Setter's expense
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this contract for sale Sella
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 makesno
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 Sella for indemnification in the event that Sena 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" 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. Sella will save Buyer harmless. If
Sella in good faith ascertains the production of The goods in accordance with the specifications will result in
inGingemeet or the like, the contract shall be mull and void
12. NON APPROPRIATION. All limits for payment by the City under this contract are subject to ft
availability of an annual appropriation for this purpose by the City. In the event of stonappropriahim of funds
by the City Council of the City of Lubbock for the goods of services provided under the contract. the City will
terminate the contract, without termination charge or other liability, on the last day of the thenturrant focal
year or %hen the appropriation shade for the then -current year for the goods or services covered by this contract
is spent, whichever event Occurs first. If at any time fiwds are not appropriated rot the continuance of this
contract, cancellation shall be accepted by the Sella on thirty (30) days prior written notice, but failure to give
such omice'hall he of no effetr aeod the r;t, shell not Ur nhliv.nM rmf, thin renteo he%rn¢1 rite d+rc of
I: unnG.ingi .
13. RIGHT OF INSPEMON. Buys shall have the right to inspect the goods at delivery before accepting
them.
14. CANCELLATION. Buyer shall have the right to caruel for default all or any part of the undelivered
portion of this order if Seller breaches any of the Tams hereof including w.arramics of Sella at if the Sella
hecnrrrs ins kern m rnnmin eras of hanknimm %wh iiaht of ewceltatam is in addition to and mis in
lieu of any other remedies which Buyer may have in taw or equity.
1 S. TERMINATION. The palormanceof uork under this order may be terminated in whole, or in pore by the
Buyer in accordance with this provision. Termination of work hereunder shall be effected by The delivery
of the Seger 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 Buya set forth in Clause 14. herein.
16. FORCE MIAJEURE. Neitha party shall be held responsible for losses, tesulliug if the ftifiltmem
Of any tams of provisions of this contract is delayed or prevented by any cause not within the control of the
party whom performance is imafaed weh, and which by the exercise of reasonable diligence said patty is
unable to prevent.
17. ASSIGNMIENT-DELEGATION No right or interest in this contract shall be auigacd or delegation of
any obligation made by Sella without the written permission of the Buyer. Any attempted assignment or
delegation by Sella shall be %holy %oid and totally me ffeaise for an 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 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 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 lams of their agreement. Wheneva a term defined by The
Uniform Commercial Code is used in this agreement, the definition contained in the Code is to comrol
20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code Whereeva
the tam "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial
Code as adopted in the State of Texas as efeecti%e mud in force on the dateof this agreement.
21. RIGHT TO ASSURANCE. %lbenewr one party to this contract in good faith has reason to question
the other panys intent to perform he may demand that The other party give %Titian assurance of has intent to
Perform . In The rem that a demand is made and no assurance is given within five (3) days. the demanding
party may item this failure as an anticipatory repudiation of the contract.
22. INDEMNIFICATION. Sella 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 grating 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 subSclla or assignee or its
employees, it any and the Sella shall, at his own expense, appear, defend and pay all charges of attorneys
and all costs and other expenses arising thaefrom of incurred in connection Therewith. and, if any judgment
shall be tendered against the Buyer in any such action, the Sella shall, at its own expenses, satisly and
discharge the same Sella expressly understands and agrees that any bond required by this contract, or
otherwise provided by Sella, shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the Buyer as herein provided.
23. TLMiE. It is hereby expressly agreed and understood that time is of the essence for the performance of
this contract. and failure by contract to urea the time specifications of this agreement %ill cause Setter to
be in defauh of this agreement.
14. MBE. The City of Lubbock hereby notifies all bidden 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 in%"lion and %ill not be discriminated against on the grounds of rue, color.
sex or natural origin in consideration for an award.
25. NON -ARBITRATION. The City reserves the tight 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 count 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 arc cumulative and not exclusive,
and may be exercised concurrently. To the extent orally conflict between this provision and another provision
in, or related to, this document. this provision shall control.
26. RIGHT TO AUDIT. At any tune during the Term of the contract, or thaeafta, the City, or a duly
authorized audit rsprtsemative of the City Or the State of Texas, at its expense and at reasonable limes,
reserves the right to audit Contraaoes records and books relevant to all services provided to the City under
this Contract. to the event such in audit by the City reveals any aron 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 reservesthe right to deductsuch amountsowing the City Gom any
payraems due Contractor.
27. HOUSE BiLL 2015. House Bill 2015. signed by the Governor on June 14. 2013 and efecctive on January
1. 2014. authorize a pemahy to be imposed on a pawn who contracts for catain services with a govatuaemal
entity and who fails to properly classify their workers, This apply to subcontractors as well. Contractors and
subcontractors who fail to properly classify individuals performing work under a governmental contract will be
penalized S200 for each individual that has been miuinssifled. (Texas Government Code Section 2155.001).
28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall nor assigo or 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, aeaed §2252.908. 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 govansueanal entity at state
agency a disclosure of interested punka at the time the business entity submits the signed contract to the
govermmenal easily of state agency. Instructions for completing Form 1295 are available at:
hum- wvew.ci.lubbock it - deputm=L1Lwebsnes ments darhasine-%eedor.'tnfn liQa
30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read.
fully understands, and will be in full compliance with all tams and conditions and The descriptive material
comainod herein and an) additional associated documents and Amendments. The City disclaims any Terms and
conditions provided by the Contractor %alas agreed upon in writing by the parties. In the meat of conflict
between thew tams and conditions and any tams and conditions provided by the Contractor. the tams and
conditions provided herein shall prevail. The tams and conditions provided herein are The Goal tams agreed
upon by the parties, and any prior conflicting terms shall be ofco force or effect.
31. By accepting this purchase order, the Vendor verifies that it does not Bnycou Israel, and agrees that during
I :. L-tc ;L. ;.i; ;i', (_ . i •. : �a '1 i'I e_: l;.ii„'t f ! �i .., t:ni. a u, i. . ..I r'I, �.,
Cim-In out ('Lid:• $c,lion life- 0;11 .� tvncu.!cd
��MYTH IGS"
r�
Chad McPhatter
Clrcct: 7S7.9S5.81169
Fax:757.965.9486
Email: cmcphatter@mythlcs.com
Mythics, Inc
4525 Main Street Suite 1600
Virginia Beach, VA 23462
Company Name: City of Lubbock
Contact: Jay Zrdne
Phone: &M.775.2366
Email: izrxneampl a lubbocF.Lx us
ORACLE SUPPORT RENEWAL.
Software Undate Liconso a Sunowt
Platinum
Partner
Quote Number: SR 6263314 FY19
Valid Through: September 28. 2018
Line O►acte Number of
Item CSI Product Descri Uon Term License Type Licenses License Level Extended Price
1
19444976
JD Edwards EnterpriseOne One View Reporting
Oct 1,Sept0, 2019
2018 - Sa p
Perpetual
Applicat on User P
1 t
FULL USE
$2.344.58
Famdatimt
2
19444976
JD Edwards EnterprisoOne One View Reporting
Oct 1. 2018 -Sept 30. 2019
Application User Perpetual
5
FULL USE
$1.005.76
lot Payroll
3
19444976
JD Edwards Entar riseOno Payroll
Oct 1 2018 - Sept 30, 2019
Employee Perpetual
2270
FULL USE
$55.446.03
4
19444976
JD Edwards EnterptisoOne Time and Labor
Oct 1, 2018 - Sept 30 2019
Employee Perpetual
2270
FULL USE
$27107.21
5
19444976
JD Edwards EntorpriseOne One View Reporting
Oct 1, 2018 -Sept 30, 2019
Application User Perpetual
5
FULL USE
31.066 76
for Financials
6
19444976
JD Edwards EntorpnseOne One View Reporting
Oct 1 2018 - Sept 30, 2019
Application User Perpetual
5
FULL USE
51,065,76
for Project Costing
7
19444976
JD Edwards EntarptiseOne Ono Vow Reputing
Oct 1 2018 - Sept 30 2019
Application User Perpetual
5
FULL USE
$1,085.76
for Inventory Management
8
19444976
JD Edwards EnterpriseOne Human Resources
Oct 1, 2018 - Sept 30, 2019
Employee Perpetual
2270
FULL USE
$45,580.32
9
19444976
JD Edwards EnterpriseOne One View Reporting
Oct 1. 2018 - Sept 30, 2019
Application User Perpetual
6
FULL USE
$1,278.78
for Human Resources
10
19444976
Orade Technology Foundation for JD Edwards
Oct 1. 2018 - Sept 30, 2019
Application User Perpetual
200
FULL USE
$t 7,398.&7
EnterpriseOne
O U PORT
7
NEW LICENS 6 SUPPORT: UPON REQUEST
TRAINING: UPON REQUEST
SERVICES: UPON REQUEST
Total- $147,427.68
—Please reference Mylhics Quote Number on your purchase order. SR 6263314 FY19 Applicable sales tax will apply unless an exemption has been prodded.
Idl clan al Information:
Is 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
Losing terms and conditions per reference to an existing license/contract or a newly executed license accompanying your order.
ythics Fed Tax ID# 54-1987871
pport services are provided under Oracle's then current technical support policies located at: http://www.cracle.com/contracts
u agree that Mythics has the right to cancel your support due to non-payment
edia is available for download at no additional cost at http://edetivery.oracle.com/
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.
irchasing Instructions:
ease include the following statements in your order:
This order Is placed pursuant to the terms and conditions of Texas DIR-TSO.2548.
Payment terms are: Quarterly in Arrears
Mythics Quote Number SR 6263314 FY19
x order to 757-965.9486 or email to: cmcphatter(1c mythics.com