HomeMy WebLinkAboutResolution - 2019-R0318 - PO With The Arcanum Group - 09/10/2019 Resolution No. 2019-RO318
Item No. 6.26
September 10, 2019
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. 10022210 for the purchase of Talent
Science Modules as per GS-35F-0029Y, by and between the City of Lubbock and The Arcanum
Group, Inc., of Englewood, Colorado, and related documents. Said Purchase Order is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on September 10, 2019
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ea Garza, City Secret y
APPROVED AS TO CO TFNT:
Jerry Bre er im Chief of Police
APPROVED AS TO FORM:
— -;, 0 1�k&�/
.10fiarlsell, Assistant City Attorney
vw:ccdocs/RES.-Purchase0rd 10022210—Talent Science ModllleS
August 21,2019
Page - I
Lubbock
City of
Lubb o ek PURCHASE ORDER Date - 8/20/2019
T E x A s Order Number 10022210 000 OP
Branch/Plant 5711
TO: THE ARCANUM GROUP, INC SHIP TO: CITY OF LUBBOCK
116 INVERNESS DRIVE EAST STE 29 916 TEXAS AVE
ENGLEWOOD CO 80112 LUBBOCK TX 79401
INVOICETO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O.BOX 2000
LUBBOCK,TX 79457 BY:
[v]arui A arez,Directorof Purchasing&Contract Nlanagement
Ordered 8/19/2019 Freight
Requested 9/12/2019 Taken By S GONZALEZ
R MINYARD REQ 54305 CONTRACT GS-35F-0029Y/ 14864
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Talent Science Modules 1.000 28,350.0000 EA 28,350.00 9/12/2019
YEAR 2 of 3.9/12/19 to 9111/20
Total Order
Terms NET 30 28.350.00
INSURANCE RL-QUIRED:
Commercial General Liability,per occurrence-$1,000,000 Cyber Liability-per Occurrence-$1,000,000
•General, Aggregate$1,000,000 Automotive Liability-Any Auto-per Occurrence$1,000,000
•Contractual Liability •Products-Comp/Op AGG Worker's Compensation-Statutory Amounts$500,000
•Personal &Adv. Injury Employer's Liability$1,000,000
City of Lubbock is named as additional insured on Auto/General Liability on a primary and non-contributory basis to include products of
completed operations endorsement. Waiver of subrogation in favor of the City of Lubbock on all coverage. Copies of endorsements
required.
This purchase order encumbers funds in the amount of$28,350 awarded to The Arcanum Group,Inc.of Englewood,CO,on
�entelnbes 10 2019. The following is incorporated into and made part of this purchase order by reference:
Invoice Number 1008 dated August 5,2019 from The Arcanum Group,Inc. oFEnglewood, CO,and Contract GS-35F-0029Y.
Resolution
CITY OF LUBBO ATTEST:
Daniel M.Pope,Mayor v Rebec a Garza,City ecretary 0
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
1.SELLER TO PACKAGE GOODS. Seller will package goods in nccoulance with good commercial practice. lieu of any other remedieswhich dhnyer imny hove in Inwor equity.
Each shipping container shall be clearly and pannane ily marked ns follows (a) Sellar's name and address, 15.TERMINATION.'rhe perfonnnnceof work under this order may be lanninrnted in whole,or in part by ilia
(b)Consignee's none,address and purchase orderer opurchase
ta release number and the supply mgr Wren number Buyer in mecordnnee with this provision. Termination of work hereunder shall be effected by the delivery
if the contai(e)Container number and luta]number of bear
cost offers.e.g.box I le 4 boxes,mad(d)the number of the Seller of a"Notice of Termination'specifying the extent to which performance of nwrk under the
shall
the a suitably
bearing the packing slip. Seller shall beer cost of packaging unless otherwise provided. Goods order is ti mninated mid the data upon which such termination becomes offeciivo. Such right or termination is
shall rs suitably packed to secure lowest transportation costs and to all hu final
with requirements or commits in addition to tind not in lieu of the rights of Buyer set fame in Clause 14,herein.
carriers nail any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments
not accompaniedby packing lists. 16.FORCE MAJEURE. Neither party shall he held responsible for losses, resulting if the fulfillment
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under of nny farms of provisions of this contract is delayed or prevented by any cause not within ilia control of the
reservation and no tenderer..,bill of lading will operate as a tender of goods. piny whose performance is interfered with,mid which by the exercise of reasonable diligence said party is
unable to prevon.
3.TITLE AND RISK OF LOSS. 'ane tide and risk of loss of ilia goods shall not pass to Buyer until Buyer
actually receives and takes possession of the goods it the point or points of dclivury. 17.ASSIGNMENT-DELEGATION. No right or interest in this contract shell bre assigned or delegation of
any obligation made by Seller willtout the wrium permission of the Buyer. Any attempted assignment of
4.NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with
with all provisions of this contract as to time of delivery,quality and the like. Ifo lender is made which does not This paragraph.
fully conform,this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, 18.WAIVER. No claim or right arising out ofit breach of this contract con be discharged in whola or in pan
provided,where the time for performance has not yet expired,ilia Seller may reasonably notify Buycr of his
intention to cure and nary then make a conforming lender within the contract time but not afterward. by a waiver or renunciation of ilia cdnim or right unless the waiver or renunciation is supported by
consideration and is in writing signed by ilia aggrieved party.
S.INVOICES&PAYMENTS.a.S e I I e r shall submit separate invoices,in duplicate,one,neh purchase
order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase ral,use i9. ]Nfriumi IwriON-PAROLE EVIDENCE. This writing, plus any specifications for bids and
number and the supply agnenent number if applicable. Invoices shall be itemized and trmisponation charges, performance provided by Buyer in its advertisement for bids, and any other documents provided by
if any,shall be listed separately. A copy of Ilia bill of lading,and the freight waybill when applicable,should Seller as pan of Itis bid,is intended by the panics as a final expression of their agreement mid intended also
be attached to the invoice. Mail To:Accounts Payable,City of Lubbock,P.0.Box 2000,Lubbock,Texas as a complete mid exclusive statement of the terms of their agreement. Whenever a term defined by the
79457. Payment shall not be due until ilio above instruments arc submitted after delivery. Uniform Commercial Code is used in this ogrn:neni,the definition contained in the Coda is io neutral.
6.GRATUITIES. The Buyer any.by written notice to die Seller,cancel this contract without liability to 20.APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Cade.Whereever
Seller if it is determined by Buyer that gratuities,in ilia form of entertainnnent,gills or otherwise,were offered the term"Uniform Commercial Code"is used,it shall dxn construed as meaning ilia Uniform Commercial
or given by the Seller,or any agent or representative of the Seller,to any officer or employee of the City of Code as adopted in Ilio Slate of Texas as effective and in forca on the date of this agreement.
Lubbock with a view to securing a contract or securing ruvorabht treatment with respect to ilia awarding or 21.RIGHT TO ASSURANCE. Whenever one party to this contract in good failh has reason to question
amending,or die making of any determinations with respect to ilia performing of such a contract. In ilia event the other party's intent to perform he may demand Ilial the other party give written assurance of his intent to
this contract is canceled by Buyer pursuant to this provision,Buyer shall be entitled,in addition to any other perform. In the event that a demand is made and no assurance is given within five(5)days,the demanding
rights and remedies,to reeoveror withhold Ilia amount of the cost incurred by Seller in providingsuclh grawitics. party nmy treat this failure a net anticipatory repudiation of ilio contract.
7.SPECIAL TOOLS&TEST EQUIPMENT. If the price stated on the face hereof includes the cosl of any 22.INDEMNIFICATION. Seller shall indemnify,keep and save harmless ilia Buyer,its agents,officials and
special tooling or special mast equipment fabricated or required by Seller for ilia purpose of filling this order, employees,against all injuries,deaths,loss,damages,claims,patent claims,suits,liabilities,judgments,costs
such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and expenses,which may in anywise accrue against the Buyer in consequence of the granting of this Contract
and to the extent fnisible shall be identified by the Seller as such. or which may anywise result therefrom,whether or not it shall be alleged or determined that the act was
8.WARRANTY-PRICE.a'Ile price to be paid by ilia Buyer shall be that contained in Seller's bid caused through negligence or omission of ilia Seller or its employees,or of ilia subScller or assignee or its
which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind employees,if any,and the Seller shall,at his own expense,nppem,defend and pay all charges of mtomcys
and specification covared by this agreement for similar quantities under similar of like conditions and methods and all costs mid other expanses arising Iherofrom of incurred in connection therewith,mud,if tiny judgment
of purchase. In the event Seller breaches this warranty,ilia prices of the iters shall be reduced to ilia shall be rendered against the Buyer in any such action,the Seller shrill,at its oven expenses,satisfy and
Sellers current prices on orders by others,or in Ile alternative. Buyer cony cancel this contract without discharge the same Seller expressly understands and agrees that any bond required by this contract,or
liability to Seiler for breach or Seller's actual expense.b.The Seller warrants Int no person or selling agency otherwise provided by Seller,shall in no way limit the responsibility to indemnify,kap and save hornless
has been employe*or retained to solicit or secure this contract upon an agroenenl or underamhding for and defend the Buyer as herein provided.
commission,percentage,brokerage,or contingent fee excepting bona ride employees of bona file establislied 23.TIME. Il is hereby expressly agreed and understood that time is of ilia essence for the performance of
commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of this contract,mid failure by contract to meat Ilia time specifications of this agmainenl will cause Seller to
vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this be in default of this agreement.
contract without liability and to deduct from the contract price,or otherwise recover without liability and to
deduct from the contract price,or alhenvise recover the full amount of such commission,percentage,brokerage 24.VIBE. Thu City of Lubbock hereby notifies all bidders that in regard to any contract entered into
or contingent fee. pursuant to Ibis request,minority and women business enterprises will be afforded equal opportunities to
submit bids ill response to this invitation and will not be discriminated against on the grounds of race,color,
9.WARRANTY-PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do sex or natural origin in consideration far an award.
so shall render this contract voidable at the option of ilia Buyer. Seller warrants that to goods furnished will
conform to the specification,drawings.and descriptions listed in the bid invitation,and to the sanhple(s)furnished 25.NON-ARBITRATION.The City reserves Ihu right to exercise any right or remedy to it by law,contract,
by the Seller,if any. In the event of a conflict or bci%%ven the specifrcntions,drawings,and descriptions,the equity,cr otherwise,including without limitation,the right to seek any and all forms of relief in a coon of
specifications shall govern.Notvithstanding any provisions contained in time contractual agreement,the Seller competent jurisdiction.Further,ilia City shall not be subject to any arbitration process prior to exercising
represents and warrants fault-free perfonm a ce and findt-free result in the processing date and date related data its unrestricted right to seek judicial remedy.Tf a remedies set fanh herein arc cumulative and not exclusive.
(including,but not limited to calculating,comparing mid sequencing)of all hardware,soflwaro mid firnware and cony be exercised concurminly.'['a the extent orally conflict between this provision mod anothar provision
products delivered and services provided under this Contract,individually or in combination,as the case may in,or related to,this document,this provision shall control.
be from the effective date of this Contract.The obligations contained herein apply to products and services 26.RIGIIT TO AUDIT.At any time during the term of the contract,or thereafter,the City,or a duly
provided by the Seller,its sub-Seller or any third party involved in the creation or development of IIIc products authorized audit representative of Ilia City or tine Slate of Texas,at its expense and at reasonable times,
and services to be delivered to the City of Lubbock under this Contract. Failure to congnly with any of the reserves tine right to audit Contraclors records mid books relevant to all services provided to the City under
obligations contained herein,may result in the City of Lubbock availing itself of any of its rights under the this Contract. In ilia event such art audit by tine City reveals any errors or overpayments by die City,
law and under Ibis Contract including,but not limited to,its right panelling to termination or default. llhe Contractor slhall refund the City ilia full amount of such overpayments within thirty(30)days of such
warranties contained herein am separate and discrete from any other warranties specified in this Contract, audit findings,or the City,of its option,reserves the right to deduct such amounts owing the City fromany
and are not subject to ally disclaimer of warranty,implied or expressed,or limitation of the Seller's liability pnyanunis due Contractor.
which may be specified in this Contract,its appendices,its schedules,its annexes or ary document incorporated
in this Contract by reference. 27.HOUSE BILL 2015. House Bill 2015,signed by ilia Governor on June 14,2013 and affective on January
1,2014.uutlimims a penalty to be imposed on a parson who contracts for certain services with a governmental
10.SAFETY WARRANTY. Seller w•arrmus that ilia product sold to the Buyer shall conform to Ilia standards entity mid who fails to propely classify their wwrkors.This applies to subcoull aclors u wall.Contractors and
promulgated by the U.S.Department of Labor under ilia Occupational Safety and I leallh Act of 1970. In Ilse subcontractors who fail to properly classify individuals performing work under n govemm,ntal contract will be
event the product does not conform to OSHA standards,Buyer may return the product for correction or penalized$201)for each individual that has been misclusified.(Texas Government Code Section 2155.001).
replacement at the Seiler's expense. In the event Seller fails to rank,Ilia nppropriate nerrtictiom within a
reasonable time,correction mnde by Buyer will be at the Seller's expense. 28.ASSIGNING OR SUBLETTING THr CONTRACT.'rite Contmctorshnll not assign orsublel the contract.
I I.NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller or ally portion of tiro contract, without written consent from Ilia DIMCWr of Purdesimg and Contract
Management.Should consent be given,the Contractor shall insure ilia Subcontractor or shall provide proof oh
agrees to ascertain whoher goods nia ufactured in accordance with ilia specifications-attached to this a,rcenhwt insurance from the Subcontractor iliac complies with all contract Insurance requirements.
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 no give rise to such a claim,and in no 29.HOUSE BILL 1295 DISCLOSURE OF INTERES'T'ED PARTIES. home Bill 1295,adopted by ilia 84111
event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of Legishmum,created§2252.908,Texas Gourni ent Cade.Section 2252.908 requims a business entity entering
infringement of the like. If Seller is of the opinion that an infringement orae like will result,he will notify the into rennin Contracts with a governmental entity or state agency to file with the governmental entity or stile
Buyer to this effect in writing within two weeks after the signing ofthis agreement. If Buyer does not receive agency a disclosure of interested parties at the time the business entity submits the signed contract to ilia
notice and is subsequently held liable for the infringement or the like,Seller will save Buyer harmless. If govemnental entity or state agency. Inswcliau for completing Form 1295 are available at:
Seller in good faith ascertains the production or Ilia goods in accordance with the specifient ions will result in htlo Livww ci lubbock tx ua/riepnrtmenud-webcitesldenanmentsrpnrchacindvendmr-infmrmntinn
infringement or the like,the contract shall be unit mid void. 30.CONTRACTOR ACKNOWLEDGES,by supplying tiny Goods or Services that ilia Conunetar has read,
12.NON APPROPRIATION. All funds for payment by the City under this contract are subject to the fully understands,mid will be in full compliance with all terns and conditions mid the duscriptivu material
availability of an annual appropriation for this purpose by the City. In ilia event of nonappropriation of funds contained herein and any additional associated documents and Amendments.The City disclaims any terms and
by the City Council critic City of Lubbock for ilia goods or services providad under Ilia contract,ilia City will conditions provided by the Contractor unless agreed upon in writing by Ilia parties. In ilia event of conflict
terminate the contract,witnoul termination charge or other liability,on ilia last day or the then-Curran fiscal between tune tarns and conditions and oily terns mid conditions provided by the Contractor,the ems and
year or when the appropriation made for Ilia then-current year for the goods or services covered by this contract condii ions provided herein shall prevail. The temps and conditions provided herein are the Gnat terns agreed
is spent,whichever oven)occurs first. If at any time funds are not appropriated for the continuance of this upon by Ilia parties,and oily prior conflicting ems still]]be afro force or affect.
contract,cancellation shall be accepted by the Seller on thirty(30)days prior written notice.but failure to give 31.By accepting this PO,contractor acknowledges that pursuant to Section 2270,002,Government Code,(a)
such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of This stiction applies only to a contract that:(I)is between o governmental amity rand a congnmry with IU
termination' or mora full-time amploycw;and (2)has a undue of 5100,000 or mom tlmt is to be paid wholly or partly
13.RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery burin,neceptiug from public furls of ilia governmental entity. (b)A governmental entity army not enter into a contract with
them. n company for goods or services unless ilia contract contains a written verification from the company that
14.CANCELLATION. Burr shall have the right to critical for default all or any part of the undelivered it:(Q docs not boycott Israel;and(2)will not boycott Israel during Ilia lean of the contract-
portion orthis order if Seller breaches any of the terns humor including warranties of Stiller or if time Seller
becomes insolvent or commits acts of banknipicy. Such right of cancellation is in addition to mid not in
Rev.07119
Invoice
Invoice Number: 1008
THE
Invoice Date: 81512019
THE r1 RC:AU-'1� GROUP Customer Contract Nbr:
Order Number 10020419/TBD
I PAS AIII Contract Desc: City of Lubbock Talent Science Modules
Terms: Net 30 Days
Invoice Period: 9112/2019 To 9/1112020
Purchase Order: 10020419/TBD
REMIT TO: BILL TO:
The Arcanum Group City of Lubbock Police Department
116 Inverness Drive East,Suite 290 P.O.Box 2000
Englewood,CO 80112 Lubbock,TX 79457
Universal Routing Number(URT):021052053 Attn:Jerry Brewer/Accounts Payable
UPIC number:38353986
DESCRIPTION
City of Lubbock Infor Talent Science Modules,Year 2,9/12/2019 To 9/11/2020 28,350.00
Current Invoice Total: 28,350.00
Talent Science subscription software is hosted by IGS Holdings LP.
Internal Ref:1025-0001 00721
Page:1 of 1
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
101`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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-533811
The Arcanum Group, Inc
Englewood, CO United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08!2712019
being filed.
City of Lubbock Police Department Date Acknowledged:
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.
10022210
Talent Science Modules Software Subscription
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Raffaeli,Wendy ENGLEWOOD,CO United States X
Marshall, David ENGLEWOOD,CO United States X
Waters, David Englewood, CO United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my dale 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 V1.1.39f8039c
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
101`1
Complete Nos.1-a 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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-533811
The Arcanum Group, Inc
Englewood, CO United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/27/2019
being filed.
City of Lubbock Police Department Date Acknowledged:
08/28/2019
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.
10022210
Talent Science Modules Software Subscription
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Raffaeli,Wendy ENGLEWOOD, CO United States X
Marshall, David ENGLEWOOD, CO United States X
Waters, David Englewood,CO 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 V1.1.39f8039c