HomeMy WebLinkAboutResolution - 2019-R0349 - PO With Mythics - 09/24/2019 Resolution No. 2019-RO349
Item No. 6.33
September 24, 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. 33001237 for the purchase of
Software Update License and Support 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 September 2 2019--
"V —
DANIEL: M. POPE, 0,YOR
ATTEST:
Rebe arta; City Secr aty
APPROVED AS TO CONTENT:
Mark Yearwood, isistant Ci Manager
APPROVED AS TO FORM:
Ry A, B oke, As start City Attorney
ccdocs/RES.-Purchase0rd 33001237 -Software Update License and Support
September 9,2019
Page - 1
- City of
Lubbock PURCHASE ORDER Date - 9/9/2019
T E%A s Order Number 33001237 000 OP
Branch/Plant 3410
TO: MYTHICS INC SHIP TO: CITY OF LUBBOCK
4525 MAIN STREET INFORMATION TECHNOLOGY
SUITE 1500 1611 10TH STREET
VIRGINIA BEACH VA 23462 LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE;
P.O.BOX 2000
LUBBOCK,TX 79457 BY:
M:n1a Alva ez,Director of Purchasing&Contract Management
Ordered 9/9/2019 Freight
Requested 9/27/2019 Taken By J MONTES
Delivery Per J Zhine/Req#54474 DIR-TSO-4I58/Contract 14914
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
JDE E 1 One Human Resources 155.000 99.9000 EA 15,484.50 9/27/2019
Employee Perptual License
One HuniRes SSV Update Lic/Supp 155.000 23.3629 EA 3,621.25 9/27/2019
Thru 9/30/20 Employee
IDE El One Payroll 155.000 121.5000 EA 18,832.50 9/27/2019
Employee Perptual License
One Payroll SW Update Lic/Supp 155.000 28.4143 EA 4,404.22 9/27/2019
Thru 9/30/20 Employee
JDE E 1 One Time& Labor 155.000 59.4000 EA 9,207.00 9/27/2019
Employee Perptual License
One Time&Labor Update Lic/Stip 155.000 13.8914 EA 2,153.17 9/27/2019
Thru 9/30/20 Employee
JDE El OneViewRpt Fdn 10/19- 1.000 2,438.3400 EA 2,438.34 9/27/2019
9/20 CSI 19444976 ApplUsrPerp
JDE EI OneViewRpt Pay 10/19- 1.000 1,108.3900 EA 1,108.39 9/27/2019
9/20 CSI 19444976 ApplUsrPerp
Page - 2
City of Date - 9/9/2019
- 'Lubbock PURCHASE ORDER
TEXdS
Order Number 33001237 000 OP
Branch/Plant 3410
TO: MYTHICS INC SHIP TO: CITY OF LUBBOCK
4525 MAIN STREET INFORMATION TECHNOLOGY
SUITE 1500 1611 10TH STREET
VIRGINIA BEACH VA 23462 LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O.BOX 2000
LUBBOCK,TX 79457 131. //V
Malta. varcz.DirectorofPurchasing&ContractManagement
Ordered 9/9/2019 Freight
Requested 9/27/2019 Taken By .1 MONTES
Delivery Per J Zhine/Req#54474 DIR-TSO-4158/Contract 14914
Description/Supplier Item Ordered Unit Cost—UM Extension Request Date
JDE E1 Payroll 10/19-9/20 1.000 57,663.8700 EA 57,663.87 9/27/2019
CS119444976 EmplyPerp
JDE E1 Time&Labor 10/19-9/20 1.000 28,191.5000 EA 28,191.50 9/27/2019
CS119444976 EmplyPerp
JDE EI OneViewRpt Finan 10/19- 1.000 1,108.3900 EA 1,108.39 9/27/2019
9/20 CS1 19444976 ApplUsrPerp
JDE EI OneViewRptPrjCst 10/19- 1.000 1,108.3900 EA 1,108.39 9/27/2019
9/20 CSI 19444976 ApplUsrPerp
JDE E1 OneViewRpt Inven 10/19- 1.000 1,108.3900 EA 1,108.39 9/27/2019
9/20 CSI 19444976 ApplUsrPerp
JDE El HR 10/19-9/20 1.000 47,412.8900 EA 47,412.89 9/27/2019
CSI 19444976 EmplyPerp
JDE EI OneViewRpt HR 10/19- 1.000 1,329.9300 EA 1,329.93 9/27/2019
9/20 CSI 19444976 ApplUsrPerp
Oracle Tech Foundation/JDE E1 1.000 11,854.5900 EA 11,854.59 9/27/2019
CS119444976 ApplUsrPerp
Page -
0",of
ofLubbock PURCHASE ORDER Date - 9/9/2019
T E X A S Order Number 33001237 000 OP
Branch/Plant 3410
TO: MYTHICS INC SHIP TO: CITY OF LUBBOCK
4525 MAIN STREET INFORMATION TECHNOLOGY
SUITE 1500 1611 10TH STREET
VIRGINIA BEACH VA 23462 LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O.BOX 2000
LUBBOCK,'1'X 79457 BV.
Marta l .rez,Director of Purchasing&Contract Management
Ordered 9/9/2019 Freight
Requested 9/27/2019 Taken By J MONTES
Delivery Per J Zhine/Req#54474 DIR-TSO-4158/Contract 14914
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Total Order
Terms NET 30 DAYS 207,027.32
This purchase order encumbers funds in the amount of$207,027.32 awarded to Mythics, Inc. of Virginia
Beach, VA on Sentcmber 24, 2019. The following is incorporated into and made part of this purchase
order by reference: Mythics, Inc. of Virginia Beach, VA and State of Texas Department of Information
Resources (DIR) Contract DIR-TSO-4158 Resolution# 2019-RO349
City of Lub ck ATTEST:
)20-0'4v—� '&/—�
Daniel M. Pope, Mayor RAcq-A Garza, City Se -eta
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
L SELLER TO PACKAGE GOODS. Seiler will package goods in accordance with good commercial practice. lieu of any other remedies which Buyer may have in law or equity.
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 numlxr 15.TERMINATION.The performance of work under this ordcr may be hcmuinated in whole,or in part by the
ifapplicable,(c)Container number and total number of containers,e.g.box I of 4 boxes,and(d)the number Buyer in accordance with this provision. 'I'ennimation of work hereunder shill be elRcted by the delivery
of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided.Goods of the Seller of a"Notice of Termination"specifying the extent to which performance of work under the
shall be suitably packed to secure lowest transportation costs and to conform with requirements of common order is terminated and the date upon which such termination becomes effective.Such right or termination is
carriers and any applicable specifications. Buyer's count or weight shall be Final and conclusive on shipments in addition to and not in lieu critic rights of Buyer set forth in Clause 14,herein.
not accompanied by packing lists. 16.FORCE MAJEURE. Neither party shall be held responsible for losses, resulting ifthc fulfillment
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to skip the goods under crony terns of provisions of this contract is delayed or prevented by any cause not within the control of the
reservation and no tender of a bill effacing will operate u a tender of gaods. party whose performance is interfered with,and which by ilia exercise of reasonable diligence said party is
unable to prevent.
3.TITLE AND RISK OF LOSS. The title and risk of loss of ilia goods shall not pass to Buyer until Buyer 17.ASSIGNMENT-DELEGATION. No right or interest in This contact shall be assigned or delegation of
actually receives and takes possession of the goods a Ute paint or points of ticlivcry. any obligation made by Seller Without the Written permission of the Buyer. Any attempted assignment or
4.NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods mast fully comply delegation by Seller shall be whollyvvid and totally ineffective for all purpose unless made in conformitywith
with all provisions of this contract as to time ofdelivery,quality and the like. If a tender is made Which docs not this paragraph. .
fully confomt,this shall constitute a breach and Seller shall not have the right to substitute a confie sting lender,
provided,where the time for performance has not yet expired,the Seller may reasonably notify Buyer of his 18,WAIVER. No claim or might asising out of a breach of Ibis contact can be discharged in whole or in part
intention to cure and may then make a conforming tender within ilia contract time but not afterward. 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.
5.INVOICES S PAYMENTS.a.Seller shall submit separate invoices,in duplicate,one each purchase 19. INTERPRETATION-PAROLE EVIDENCE. This writing, plus any specifications for bids and
order purchase rdcaae after each delivery. Invoices shall indicate the purchase oiler or purchase release performance provided by Buyer in its advertisement for bids, and any other documents provided by
numberr and the supply agreement number if applicable. Invoices shall be Itemized and Iranspurtmion charges,
if any,shall be listed,cpaately. A copy of the bill of lading,and the freight waybill when applicable,should Seller as pan of bis bid,is intended by the parties as a final expression of their agreement mid intended also
be attached to the invoice. Mail To:Accounts Payable,City of Lubback,P.O.Box 2000,Lubbock.Texas as a complete and exclusive statement of the tarns of their agreement. Whenever a tern defined by the
79457. Payment shall not be due until ilia above instruments are submitted after delivery. Uniform Commercial Code is used in this agreement,ilia definition contained in the Code is to control.
6.GRATUITIES. The Buyer may,by Written notice to the Seller,cancel this contact without liability to 20.APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.Whereever
Seiler if it is determined by Buyer that gratuities,in the form of cntcnainment.gifts err otherwise,were offered the tern"Uniform Commercial Code"is used,it shall be construed as meaning the 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 the State of Texas as effective and in force on the date of this agreement.
Lubbock with a view to securing a contract or securing favorable imminent with respect to the awarding or 21,RIGHT TO ASSURANCE. Whenever one party to this contact in good faith has reason to question
amending,or the making of miy determinations with respect to the performing of such a contact. In the event the other party's intent to perform he may demand that 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 recoveror withhold the amount of the cost inured by Scllcr in providing such gratuities. party may treat this failure as an anticipatory repudiation of the contnct.
7.SPECIAL TOOLS&TEST EQUIPMENT. If the price stated on ilia face hereof includes the cost of any 22,INDEMNIFICATION. Seller shall indemnify,keep and save harmless the Buyer,its agents,officials and
special tooling or special test 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 sheds related thacto shall become time property of the Buyer and expenses.which may in anywise accrue against the Buyer in eoscsequencc of the granting of this Contract
and to the extent feasible shall be identified by the Seller as such. or which nely amavisc result therefrom,whether or not it shall be alleged or determined that the act was
S.WARRANTY-PRICE.a. The price to be paid by the Buyer shall be that contained in Seller's bid caused through negligence or omission of the Seller or its employees,or of the subSeller or assignee or its
which Seller warrants to be no higher than Seller's current process on orders by others for products orthe kind employees,if any,and the Seller shall,at his our expense,appear,defend and pay all charges of attorneys
and specification covered by this agreement for similar quantities under similar of like conditions and methods and all costs mid other expenses arising therefrom of incurred in connection therewith,and,if any judgment
of purchase. In the event Seller breaches this Warranty,the prices or the items shall be reduced to the shall be rendered against the Buyer in any such action,the Seller shall at its own expenses,satisfy and
Seller's current prices on orders by others,or in the alternative. Buyer may cancel this contact without discharge the same Seiler expressly understands and agrees that any bond required by this contract, or
liability to Seller for breach or Seller's actual expense,Is.The Seller warrants that no person or selling agency otherwise provided by Scller,shall in no way limit the responsibility to indemnify,keep and save hardess
has been employed or retained to solicit or secure this contract upon an agreement or understanding for and defend the Bu wr as herein provided.
commission,percentage,brokerage,or contingent fee excepting bona fide employees of bona fide establislmcd 23,TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of
commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of this contract,and failure by contact to meet the time specifications of this agreement will cause Seller to
vitiation of this warranty the Buyer shall have ilia right in addition to any other right of rights to canted this be in default of this agreement.
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,perecntage,brokerage 24.MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into
or contingent fee. 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—,color,
9.WARRANTY-PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do sex or natural origin in consideration for an award.
so sluff render this contract voidable at the option of the Buyer. Seller warrants that the goods fumishcd Will
conform to ilia specification,drawings,and descriptions listed in the bid invitation,and to the sample(s)furnished 25.NON-ARBITRATION.The City reserves the right to exercise any right or remedy to it by low.contract.
by the Seiler,irony. In the event of a conflict or between the specifications.drawings,and descriptions,the equity,or otherwise,huWding without limitation,the right to seek any and all forms of relief in a court of
specifications shall govern.Notwithstanding any provisions contained in time contactual agreement,the Seller competent jurisdiction.Further,the City stall not be subject to any arbitration process prior to exercising
represents and warrants fault-free performance and fault-free result in the processing date and date related data its unrestricted right to scckjudicial remedy.The remedies set forth herein are cumulative and not exclusive,
(including,but not limited to calculating,comparing and sequencing)or all hardware,sollware and firmware and may be exercised concurrently.To the extent ofany conflict between this provision and another 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.RIGHT TO AUDIT.At any time during the term of ilia contract,or thereafter,the City,or a duly
provided by the Sailer,its sub-Seller or any third party involved in the creation or devclopmcm of tluc products authorized audit representative of ilia City or the State of Texas,at its expense and at reasonable times,
and services to be delivered to the City of Lubbock under this Contract. Failure to comply With any of time reserves the right to audit Conlractors records mid books relevant to all services provided to ilia City under
obligations contained herein,may result in the City of Lubbock availing itself of any of its rights under the this Contract. In Lite event such an audit by the City reveals any erors or overpayments by the City.
law,and under this Contract including,but not limited to,its right pertaining to termination or defmtt. The Contractor shall refund the City she full amount of such overpayments within thirty(30)days of such
warranties contained herein are separate and discrete front any other warranties specified in this Contract, audit findings,or the City,at its option,reserves lite right to deduct such amounts owing the City front any
and are not subject to any disclaimer of wart,nty,implied or expressed,or limitation of ilia Seller's liability payments due Contractor.
which may be specified in this Contact,its appendices,its schedules,its annexes or any document incorporated
in this Contract by reference. 27.HOUSE BILL 2015. House Hill 2015,signed by the Governor on June 14,2013 and effective on January
1,2014,authorizes a penalty to be imposed on a person who contracts for certain services With a governmental
10.SAFETY WARRANTY, Seller Warrants that the product sold to the Buyer shall conform to the standards ermity and Who fails to properly classify their workers.This applies to subcontractors as well.Contractors and
promulgated by the U.S.Department of Labor tinder[lie Occupational Safety and Health Act or 1970. In the subcontractor who fail to properly classify individuals perforating work under a governmental contract will be
event the product does not conform to OSHA standards,Buyer may rerun the product for correction or penalized$200 for each individual that has been misclassified.(Texas Government Code Section 2155,001).
replacement at the Seller's expense. In ilia event Seller fails to make the appropriate correction within a
reasonable time,correction made by Buyer will be at the Seller's expense. 28.ASS IGN7NG OR SUBLETTING THE CONTRACT,The Contactorsholl not assign or subld the contract,
or any portion of du contact, without written consent from the Director of Purclusing and Contact
11.NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Scller Management.Should consent be given,the Contractor shall insure Lire Subcontactororshall provide proctors
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement insurance from the Subcontractor that complies with all contract Insurance requirements.
will give rise to the rightfid claim of any third person by way of infringement of the like. Buyer makes no
warranty slut the production ofgoods according to the specification will not give rise to such a claim,and in no 29.HOUSE•BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295,adopted by the 841h -
event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on lire grounds of Legislature,created§2252.908,Texas Government Code.Section 2252.908 requires a business entity entering
infrimgcment of the like. IfSel ler is of the opinion that an infringement or the like will result,he will notify ilia into certain contracts with a governmental entity or state agency to file With the governmental entity or state
Buyer to this effect in writing within two Weeks after the signing oftbis agreement. If Buyer does not receive agency a disclosure of interested parties at lite time the business entity submits the signed consrLt to due
notice and is subsequently held liable for the infringcmcnt or the like,Seller will save Buyer harrvless, If governmental entity or state agency. Instructions for completing Form 1295 are available at:
Scller in good faith ascertains the production of the goods in accordance with the specifications will result in lump::hvww.ci.luhhnck.tx.0 nmttttenlal•w•ebsitecaleotrunentc'lu rvhasine egndor-inronuoilon
infringement or the like,the contract shall be null and void. 30.CONTRACTOR ACKNOWLEDGES,by supplying any Goods or Services that(lie Contactor has read.
12.NON APPROPRIATION. All funds for payment by the City under this contract are subject to the fully understands,and will be in full compliance wills all terns and conditions and the descriptive material
availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds contained herein and any additional associated documents and Amendments.The City disclaims any terms and
by the City Council of tlhe City of Lubbock for Lite goods or services provided under the contract,the City will conditions provided by the Contactor unless agrcd upon in writing by the parties. In the event of conflict
terminate the contract.without termination charge or other liability,on the last day critic then-current fiscal between these terms and conditions and any tenors and conditions provided by she Contractor,the mentis and
year err when the appropriation made for the then-current year for the goods or services covered by this contract conditions provided herein shall prevail. The Rims and conditions provided herein are the final terms agreed
is spent,whichever event occurs fust. If at any time funds are not appropriated for the continuance of this upon by the panics,and any prior conflicting terms shall be of no force or effect.
contact,cancellation shall be accepted by the Seiler on thirty(30)days prior written notice,but failure to give 3t By accepting this PO,contactor 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 Ute date of This section applies only to a contact that:(1)is between a governmental entity and a company with 10
termination. or more full-time cmployccst and (2)has a value of$100,000 or more that is to be paid wholly or panty
13.RIGHT OF INSPECTION. Buyer shall have the right to inspect Lite goods at delivery before accepting front public funds or the governmental entity. (b)A governmental entity may not enter into a contract with
them a company for goods or services unless the contract contains a written verification from the company that
it:(])does not boycott Israel;and(2)will not boycott Israel during the term of the contract..
14.CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the undelivered
portion of this order if Seller breaches any urine terms licrcof including warranties of Seller or if ilia Setter
becomes insolvent or commits acts of bankruptcy. Such right of coneelhation is in addition to and not in
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