HomeMy WebLinkAboutResolution - 2019-R0328 - Carahsoft Technology Corporation - 09_24_2019Resolution No. 2019-RO328
Item No. 6.5
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. 10022216 for the purchase of
OpenGov Budgeting and Planning Solution as per DIR-TSO-3926, by and between the City of
Lubbock and Carahsoft Technology Corporation of Reston, 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 24, 2019
DANIEL M. POPE, MAYOR
ATTEST:
Rebec a Garza, City Secr taffy
APPROVED AS TO CONTENT:
B'kt ostc ich, Chief Financial Officer
APPROVED AS TO FORM:
vwxcdocs/RES.-Purchase0rd 10022216 — OpenGov Budgeting and Planning Solution
August 21, 2019
City of
,rLubb ock
TEXAS
PURCHASE ORDER
TO: CARAHSOFT TECHNOLOGY CORPC
11493 SUNSET HILLS ROAD STE 100
RESTON VA 20190
Page - 1
Date - 8/20/2019
Order Number 10022216 000 OP
Branch/Plant 2111
ghIP TO: CITY OF LUBBOCK
1625 13TH ST
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABU
P.O. BOX 2000
LUBBOCK, IN 79457 y;
are , D ectot' Oi'PurclIaSind & Contract Management
Ordered 8/20/2019
Requested 10/1/2019
Delivery C BROCK REQ
Description/Supplier Item
The OpenGov Cloud
OPGV PAAA-B5001B-RR-5Y
Professional Services Deploy
0PGV-SBBZ-B5001 B-NR-0Y
Terms NET 30
11v�U1CH1Vl:Y. itt'.(1U1Kr.11
Freight
Taken By
DIR-TSO-3926 / PUR 14881
Ordered Unit Cost UM
1.000 217,889.9200 EA
682.000 177.0800 EA
SGONZALEZ
Extension Request Date
217,8 89.92 10/ 1 /2019
Total Order
120,768.56 10/1/2019
338.658.48
• Commercial General Liability, per occurrence- $1,000,000 • Professional Liability, General Aggregate $1,000,000
• General Aggregate $1,000,000 • Cyber Liability, per occurrence - $1,000,000
• Contractual Liability -Products-Comp/Op AGG -Personal & Automotive Liability -Any Auto, Per Occurrence- $1,000,000
Adv. Injury Worker's Compensation -Statutory Amounts $500,000
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 $338,658.48 awarded to Carahsoft Technology Corporation of Reston, VA, on
ember 24 , 2019. The following is incorporated into and made part of this purchase order by reference: Quote
Number 17014660 dated August 19, 2019 from Carahsoft Technology Corporation of Reston, VA and Department of Information
Resources (DIR) Contract DIR-TSO-3926. Resolution # 2(119-R0328
CITY OF LUBBOCK
v4y--
Daniel M. Pope, Mayor
ATTEST:
e.
Z
k,ca ,
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TX
I. 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, Addrvss and purchase order or purchase release number cold the supply agreement number
ifapplicnble,(e) Consainernumberand total number of containers, e.g- box 1 of 4 boxes, and (d) the number
of the containarbearing to packingslip. Sellershall bear cost ofpickaging unless otherwiseprovided. Goods
shall be suitably packed to secure lowest transportation costs And to conform With requirements of common
carriers and rely 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 ilia goods tinder
reservation and no lender or, bill of lading wil l operators a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk or loss OF the goads shall not pass to Buyer until Buyer
actually receives and takes possession of Ilse goods at the point or points of delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply
with all provisions of dais contract as to limo ofdelivery, quality aid the like. If a tender is made which does not
fully conform, this shall consti lute n breach and Seller shall not have the right to substil kilo a conforming tender,
provided, where the time for performance has not yet expired, the Seller may, reasonably notify Blryer of his
intention to cure and may then mnke n conforming tender within ilia contract time but not afterward.
5. INVOICES A PAYMENTS. a. S o I I a r shall submit separate invoices, in duplicate, one each purchase
order or purchase release Anar each delivery. Invoices shall indicate the purchase order or pudtasa release
number and the supply agreement nunnbor if npplicable. Invoices sha II lie itcmimcl and transportation charges,
if any, shall be listed separately. A copy or Ilia bill OF lading, And ilia freight waybill When Applicable, should
be attached to ilia 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 nay, by written notice to the Seller, camel this contracl without Iinbility lO
Seller if it is dctanninud by Buyer that gnnuilias, in the form or cmartainmant, gins or olherdisc, were Offered
Or given by ilia Seller, or any agent or Failmsentnive of ilia Seller, to any officer or amphoyea of ilia City of
Lubbock with a view to securing a contract or securing favorable trenunuml with respect to die awarding or
amending, or the making of any determinations with respect to ilia performing of such a contact. In the event
this contmct is canceled by Buyer pursuant to This provision, Buyer shall be entitled, in addition to any other
rights and remedies, to recover or withhold ilia Amount orlha cost incurred by Seller in providingsuch gromitics.
7. SPECIAL TOOLS & TEST EQUIP\7EN'T. If ilia price slated on the face hereof includes ilia cost of Any
special tooling or special lest equipment fabricated or required by Seller For ilia purpose of filling this order,
such special tooling equipment and any process sheets related (hereto shall become the pmpertyof the Buyer
and to the extent feasible shell be iduuified by ilia Seller as such.
S. WARRANTY -PRICE. a. The price to be paid by ilia Buyer shall be that contained in Seller's bid
which Seller warrants to be no higher thin Seller's current process on orders by others for products of t e kind
and specification covered by this agreement for similar quantities under similar of like conditions and methods
of purchase. In ilia event Scllur breaches this warranty, the prices of the items shall be reduced to ilia
Sellers current prices on orders by others, or in the alterative. Buyer MAY called this contract without
liability to Seller for breach or Seller's actual expense. b. The Seller w•nr17a1115 that no person or culling agency
has been employed or retained to solicit or secure this contract upon air agraennent or understariding for
commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona ride established
eommeninl or selling agencies maintained by the Seller for the purpose of securing business. For breach of
vitiation of this warranty ilia Buyer shall have the right in addition to tiny other right of rights to cancel this
contract without liability mid 10 deduct from ilia contract price, or otherwise recover without liability and to
deduct front ilia contract price, or otherwise recover Ilia full amount of such commission, percentage, brokerage
or contingentfev.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied wammnas and any allempt 10 do
so shall render this contract voidable at ilia option of the Buyer. Seller warrants that ilia goods Furnished will
conform to Ilse specification, drawings, And descriptions listed in Ilia bid invitation, and to the snnnple(s) furnished
by the Seller, if any. In the event of n conflict or between the spalifications, drawings, and descriptions, the
specifications shall govern. Notwithstanding any provisions contained in the contmletunl agreement. the Seller
represents and warrants fault -free performance and fault-freo result in ilia processing date mid date related data
(including, but not limited to calculating, compniing mid sequencing) of all hardware. software and firmware
products delivered and services provided muter this Contract, individually or in combination, ws ilia case nay
be from the effective dale of this Contract. The obligations contained heroin Apply to produces and services
provided by tie Seller, its stub- Seller or any third party involved in ilia creation or development of the products
Aid services to be delivered to the City of Lubbock under this Contract. Failure to comply will any of ilia
obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under ilia
law and under this Contract including, but not limited to, its right pertaining to termination or default. The
warranties contained herein are separate and discrete front Any other warranties specified in this Contract,
And are not subject to any disclaimer of Warranty, implied or expressed, or limitation of Iba Seller's liability
which may be specified in this Contnct, its appendices, its schedules, its annexes or any document incogronted
in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that Ilia product sold to the Buyer shall conform to the suagdards
promulgated by the U. S. Department of Labor ender the Occupational Safely And Health Act of 1970. In ilia
event the product does not conform to OSHA standards, Buyer may return ilia product far correction or
replacement at the Seller's expanse, In ilia event Seller fails to make the appropriate correction within a
roasunable time, correction made by Buyer will be at tie Seller's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As poll of this contnet for sale Seller
agrees to ascertain whether goods manufactured in Accordance with tha specifications nitached to this agreement
Will give rise to the righted claim of any third person by way of infringement of the like. Buyer makes no
warranty that the production of goods according to 1110 spacifscotiol will not give rise to such a claim, and in no
event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds- of
infringement of the like. If Scller is of the opinion chat an infringement or die like will result, he will notify ilia
Buyerto this effect in writing within two weeks after the signing ofthisagreanant. If Buyer does not receive
notice and is subsequently held liable for ilia infringement or the hike. Seller will save Buyer larmless. If
Seller in broad faith ascertains the production of the goods in accordance wilh the specifications will result in
infringement or the like, the contract shall be null mid void.
12. NON APPROPRIATION. All funds for payment by the City under this contract ire subject to ilia
availability of on annual approprintion for this purpose by the City. In ilia event of nonappropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the contract, ilia City will
terminate the contract, without termination charge or other liability, on tire last day of ilia then -current Fiscal
year or WWlhen the appropriation made for one then -current year For the goods or services covered by this contract
is spent, whichever even[ occurs first. If at any lime funds arc not appropriated for the couinuance of this
contracl, cancellation shall be accepted by die Seller Ott thirty (30) days prior written notice, bill failure 10 give
such notice shall be of no effect and Ilia City shall not be obligated under this contract beyond the date of
termination.
13. RIGHT OF INSPECTION. Buyer shall have ilia right to inspect ilia goods at delivery before accepting
them.
14. CANCELLATION. Buyer shall have the right to cancel for default All or Any pan of the undelivered
portion of this order if Scller breaches any of the tens hereof including vatranties of Seller or if the Seller
becomes insolvent or commits acts of bankrupuey. Such right Of c:nxcllntion is in addition to and not in
lieu of any other remedies which Buyer may have in law or equity.
15. T'E1tMINATION. Ilia performance of work under this order may be terminated in whole, or in part by Iho
Buyer in accordance with this provision. Termination of work hereunder shall be efrecicd by the delivery
of the Seller of a "Notice of Termination" specifying die 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 mid not in lieu or the rights or Buyer set Forth in Clause 14, herein.
16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfrlhnent
of Any tumns of provisions of this contract is delayed or prevented by any cause not within rise control of the
party whose performaleo is interfered with, :cod 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 widnout One written permission of the Buyer. Any attempted assignmew or
delegation by Seller shall be wllolly void and totally ineffective for all purpose unless made in conformity wilt
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 ilia claim or light unless ilia waiver or renunciation is supported by
consideration and is inn writing signed by the aggrieved party.
19. INTERPRCTA'HON-PAROLE• EVIDENCE. This writing, plus ;my specifications far bids and
performance provided by Buyer in its advertisement for bids, and rely other docunicnls provided by
Seller As part or his bid, is intended by the parties ns A final expression OF Oncir agreement And intended also
raw a complete and exclusive stalonhcnl of the terms of choir agreement, Whenever a term defined by Ole
Uniform Commercial Codas is used in this Agreement, the de Bnilion contained in the Code is to control.
20. APPLICABLE LAW. This agrecnhent shall be govenial by the Uniform Commercial Code. Wherever
ilia term "Uniform Commercial Code' is used, it shall be consuuad As meaning Ilia Uniform Commercial
Code as adopted in the Slato of Texas as effective and in farce on the [late of this ngreenleul.
21. RIGHT TO ASSURANCE. Whmiaver one party to this contract in good faith has reason to question
Ilia other party's intent to perform le may demand that the odor party give written assurance of his intent to
perform. In Ilia event that a demand is made mill no assurance is given within live (5) [lays, Ilia demnnding
party may treat this failure as an anlicipmory repudiation of the contract.
22. INDEMNIFICATION. Seller shall indenaify, 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 necrue against the Buyer in consequence of ilia granting of this Conlnct
or which may anywise result thererrnnt, whether or not it shall be Alleged or determined that the act was
cAsad through negligence or onission of the Seller or its employees, or of the subSeller or Assignee Or its
employees, if any, and ilia Seller shall, al his Own expense, appear, defend and pay All charges of Attorneys
and All costs and other expenses Arising therefrom of incurred in connection therewiOh, and, if anyprigment
shall be rendered against ilia Buyer in any such action, the Seller shall, at its own expenses, satisfy mid
discharge ilia same Seller expressly understands And agrees Oat any bond required by this contact. or
otherwise provided by Seller, shall in no way limit ilia responsibility to indemnify, kcepand save harlless
and defend the Buyer as heroin provided.
23. TIME. 11 is hereby expressly Agreed and understood that tine is of the essence for de performance of
this contract, wad failure by contract to meet the line specifications of this agreement will cause Seller to
be in defiant oFthis ogmenent.
24. NIBE. The City of Lubbock hereby notifies all bidders that in regard to Any cornet 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 ilia grounds or race, color,
sex or natural origin in consideration for an Award.
25. NON -ARBITRATION. The City reserves the riglm to exercise any right or remedy 10 it by law, contract,
equity, or otherwise, including without limitntion, the right to seek any and All fonns of relief in a corm of
competent jurisdiction. Further, ilia City shall not be subject 10 Any Arbitration process prior to exercising
its unrestricted right to seek judicial remedy. The nmedies set forth herein Are cumulalivc and not exclsivO,
and may be exenised concurrently. To the extent of any conflict between this provision :cod another provision
in, or relatud lo, this doeunhcnt, this provision shall control.
26. RIGHT TO AUDIT. At any little during ilia tern of the contract, or thereafter, die City, or a duly
authorized audit « presentative of the City or the State of Texas, kit its expense And it nasonnble tinges,
reserves the right to audit Conlrmclor's records and books relevant to all services provided to the City under
this Contract. In the event such ;or Audit by Ilse City reveals any errors or overpayments by ilia City.
Contractor shall refund ilia City the full onmount orsuch ovurpayrnents within thirty (30) days of such
audit findings, or ilia City, it its option, reserves ilia right to deduct such amounts owing the City from any
papna is due Co trwor.
27, HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 mil effective on January
a, 2014, nuthorizes n a penalty to be imposed On person who attracts for wain services with A govummentnl
lity and who fails to property classify their workers. This upplius 10 sulsconiactors As well. Contractors and
subrnnlractors who fail to property classify individuals perfanliing work under a governmental contract will be
penalised S200 foreach individual that has been misclassined. (Texas Government Code Section 2155.001).
28. ASSIGNING Oft SUBLLrTlNGTIiECONTRACT. Thu Contractor shall not assign or sublet die contract.
or any portion of the contract, without written consent from die Director or Purchrsing and Contract
[vlAiaganmant. Should consent be given, ilia Contractor shall insure the Subcontractor or shall provide proof on
insurance Front the Subcontractor that complies with all contracl Insurance requirements.
29, MOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, Adopted by ilia 841h
Legislature, created §2252.908. Texas Government Code. Section 2252.908 requires n business entity entering
into certain contracts Willi a govenunamal entity or suuc agency to file with the governmental entity or state
agency a disclosure of interested parties at ilia time the business entity submits the signed contract to the
governmental utility or state Agency. I11slrthetian5 for completing Form 1295 are available it:
httn //%vx w 61ribbock.h.us§lepartnicntal-tvebsitc /d�}anments/nurchnsinu/vendor-informaion
30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in Full compliance wilh All terns and conditions and ilia descriptive material
eonudned hunin mid any additional associated documents and Amundmcnis. The City disclaims any terns and
conditions provided by the Contractor unless agreed upon in writing by ilia parties. In the event or conflict
between these terns and conditions mid rely terms And conditions provided by ilia Contractor, the tans and
conditions Provided herein shall prevail. 'Ile terms and conditions provided herein are the Final terms agreed
upon by the parties, and any prior conflicting tens shall be of no force or effect.
31. By accepting this PO, contractor acknowledges them pursuant to Section 2270.002 of the Texas Government
Code, Respondent certifies th:d either (i) it meets an exemption criteria tinder Section 2270.002; or (ii) it does
not boycott Israel :cod will mot boycott Israel during the term of ilia contract itsulling from this solicitalion.
Respondent shall state any facts that make it exempt from the boycott certifrcaion in its Response.
Rev. DW19
carahsoft
Marta Alvarez
Director of Purchasing 8, Contract Management
Lubbock, City of
1625 13th Street
Room 204
Lubbock, TX 79401 USA
malvarez@mylubbock.us
(806) 775-2572
DIR Contract No. DIR-TSO-3926
Expiration Date: June 28, 2022
FTIN: 52-2189693
Shipping Point: FOB Destination
Credit Cards: VISA/MasterCard/AMEX
Remit To: Same as Above
Payment Terms: Net 30 (On Approved Credit)
Texas VID#:1522189693700
Sales Tax May Apply
OPGV-PAAA- The OpenGov Cloud - Between $500-1 Billion - 5Y
B5001B-RR-5Y Billed Annually in Advance
OpenGov, Inc.
OPGV-SBBZ- Professional Services Deployment - Prepaid -
B5001B-NR-OY Between $500-1 Billion - OY
Billed Upfront
OpenGov, Inc.
Recurring Annual Fee
Period 2 — October 1, 2020 - September 30, 2021: $217,889.92
Period 3 — October 1, 2021 - September 30, 2022: $217,889.92
Period 4 — October 1, 2022 - September 30, 2023: $217,889.92
Period 5 —October 1, 2023 -September 30, 2024: $217,889.92
Phillip Carroll
11493 Sunset Hills Road
Suite 100
Reston, Virginia 20190
Phillip. Carroll@carahsoft.com
(703) 673-3506 (703) 871-8505
17014660
08/19/2019
09/18/2019
ESD
$338,658.48
$338,658.48
$217,889.92 OM 1
$177.08 OM 682
Opengov Terms of Service
Annual invoices will be delivered by the start of each consecutive annual period. Payment of invoices shall be annually in
advance. Customer's use of the OpenGov Services is pursuant to the the Terms and Conditions - Software Service Agreement
(Purchase through an OpenGov Authorized Reseller) set forth at https://opengov.com/terms-of-service.
$21 7.889.92
$120, 768.56
$338,658.48
$338,658.48
$338,658.48
08/19/2019
17014660
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2019-537613
Carahsoft Technology Corporation
Reston, VA United States
Date Filed:
09/09/2019
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed,
City of Lubbock
Date Acknowledged:
09/09/2019
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.
PUR 14881
PO 10022216 OpenGov Budgeting and Planning Solution
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Craig, Abod
Reston, VA United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is 1 ,
(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 provldea by I exas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2019-537613
Carahsoft Technology Corporation
Reston, VA United States
Date Filed:
09/09/2019
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
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.
PUR 14861
PO 10022216 OpenGov Budgeting and Planning Solution
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
Craig, Abod
Reston, VA United States
x
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Kristina Smith and my date of birth is
My address is 11493 Sunset Hills Drive, Suite 100 Reston VA 20910 USA
(street) (city) (stale) (ZIP code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Fairfax County, Stale of Virginia on the 9th day of Sept 20 19
(month) (year)
Signature of authorized agent I contracting business entity
(Declarant)
C7_7 r.rr...:.J..-! L.. Tom..__ -._.__ �_-__ __•_ _•
r--- vy www•euucs.staie.tx.us Version V1.1.3a6aaf7d
IGr City of
If Lubbock PURCHASE ORDER
TEXAS
TO: CARAHSOFT TECHNOLOGY CORPO..IE
11493 SUNSET HILLS ROAD STE 100
RESTON VA 20190
Page -
Date -
10/9/2020
Order Number 33001420 000 OP
Branch/Plant 3410
TO: CITY OF LUBBOCK
INFORMATION TECHNOLOGY
1314 AVENUE K - BASEMENT
LUBBOCK TX 79401
BWOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY: jV
Marta Alvarez, Director I§urhasmg& Contract Managemeat
Ordered 10/9/2020 Freight
Requested 10/23/2020 Taken By J MONTES
Delivery Per J Zhine / Req # 56479 PUR 15558 / DIR-TSO-3926
Description/Supplier Item Ordered Unit Cost Um Extension Request Date
The OpenGov Cloud 10/20-9/21 1.000 217,889.9200 EA 217,889.92 10/23/2020
4OPG V-PAAA-B500IB-RR-5Y
Total Order
Terms NET30 217,889.92
INSURANCE REQUIRED:
Commercial General Liability, per occurrence- $1,000,000 General Aggregate. $1,000,000 To include products of complete operations
endorsement Automotive Liability- Combined Single limit for Any Auto - $1,000,000 Excess Liability/Umbrella Form -
Worker's Compensation Amounts- $500,000 or Employer's Liability - $1,000,000. Copies of endorsements are required. Professional
Liability, General Aggregate $1,000,000 Cyber Liability, per occurrence - $1,000,000 City of Lubbock is named as an additional insured
on a primary and non-contributory basis with a waiver of subrogation in favor of the City of Lubbock on liability coverages. To include
products of completed operations endorsements. Waiver of subrogation provided on the workers' compensation.
This purchase order encumbers funds in the amount of $217,889.92 awarded to Carahsoft Technology
Corporation of Reston, VA, on October 9 , 2020. The following is incorporated into and made part
of this purchase order by reference contract: DIR-TSO-3926 dated October 9, 2020 from Carahsoft
Technology Corporation of Reston, VA. Resolution # 2019-RO328
CITY OF LUBBOCK
ATTEST:
Daniel M. Pope, Mayor
Rebec4 Garza, City Secret
Rev. 1/2020
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CiTY OF LUBBOCK, TX
L 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
with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does
not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming
tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer
of his intention to cure and may then make a conforming tender within the contract time but not afterward.
5. INVOICES & PAYMENTS. a. S e 1 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 freight waybill when applicable, should
be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 20D0, 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 special 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 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 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
viciation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this
contract without liability and to deduct from the contract price, or otherwise recover without liability and to
deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage
or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude 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) furnished
by the Seller, 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 Seller
represents and wan -ants 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 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 and under this Contract including, but not limited to, its right pertaining to termination or default. The
warranties contained herein are separate and discrete from any other warranties specified in this Contract,
and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability
which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated
in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards
promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the
event the product does not conform to OSHA standards, Buyer may return the product for correction or
replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a
reasonable time, correction made by Buyer will be at the Seller's expense.
It. 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 by way 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 is sued on the grounds of
infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the
Buyer to this effect in writing within two weeks after the signing ofthis agreement. If Buyer does not receive
notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. if
Sella 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 for this purpose by the City. In the event of nonappropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will
terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal
year or when the appropriation made for the then -current year for the goods or services covered by this contract
is spent, whichever event occurs fast. If at any time funds are not appropriated for the continuance of this
contract, cancellation shall be accepted by the Sella on thirty (30) days prior written notice, but failure to give
such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of
termination.
13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting
them.
14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered
portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
lieu of any other remedies which Buyer may have in law or equity.
15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the
Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery
of the Seiler of a "Notice of Termination' specifying the extent to which performance of work under the
order is terminated and the date upon which such termination becomes effective. Such right or termination is
in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein.
16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment
of any teens of provisions of this contract is delayed or prevented by any cause not within the control of the
parry whose performance is interfered with, and which by the exercise of reasonable diligence said parry 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.
I S. 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 terns of their agreement. Whenever a term defined by tbe
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. Whenever
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 Seiler 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, and, if any judgment
shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and
discharge the same Seller expressly understands and agrees that any bond required by this contract, or
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, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process 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. HOUSE BILL 2015. House Bill 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
entity and who fails to properly classify their workers. This applies 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 misclassifined. (Texas Government Code Section 2155.001).
28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assignor 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, created §2252.908, Texas Government Coda 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 arc available at:
hop://wwwA.lubbock.tx.us/dcmartmertal-websites/derartmentslg hasine/vendor-infomration
30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terns 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 these terns and conditions and any terms and conditions provided by the Contractor, the terms and
conditions provided herein shall prevail. The terms and conditions provided herein are the final tarns agreed
upon by the parties, and any prior conflicting terms shall be of no force or effect.
31. HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by
verifying that:(]) The Contractor does not boycott Israel; and(2) The Contractor will not boycott Israel
during the term of the Agreement.
32. The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and
(ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a
company known to have contracts with or provide supplies or services to a foreign terrorist organization.
33. 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 can be terminated if the
contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
34. Pursuant to Section 552.234(c) of the Texas Government Code, the City of Lubbock has designated the
following email address for which public information requests may be made by an emailed request:
orr( ylubbock.us. Please send this request to this email address for it to be processed.
REV. 12020
PRICE QUOTATION
CARAHSOFT TECHNOLOGY CORP
carahsoft.
11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON, VIRGINIA 20190
PHONE (703)871-8585 1 FAX(703) 871-8505
WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM
TO: Marta Alvarez FROM: Phillip Carroll
Director of Purchasing & Contract Management 11493 Sunset Hills Road
Lubbock, City of Suite 100
1625 13th Street Reston, Virginia 20190
Room 204
Lubbock, TX 79401 USA
EMAIL: malvarez@mylubbock.us
PHONE: (806) 775-2572
TERMS: DIR Contract No. DIR-TSO-3926
Expiration Date: June 28, 2022
FTIN: 52-2189693
Shipping Point: FOB Destination
Credit Cards: VISA/MasterCard/AMEX
Remit To: Same as Above
Payment Terms: Net 30 (On Approved Credit)
Texas VIC#: 1522189693700
Sales Tax May Apply
LINE NO. PART NO. DESCRIPTION
1 OPGV-PAAA- The OpenGov Cloud - Between $500-1 Billion - 5Y
B5001 B-RR-5Y Billed Annually in Advance
Operi Inc.
Start Date: 10/01/2020
End Date: 09/30/2021
SUBTOTAL:
Recurring Annual Fee
Period 2 — October 1, 2020 - September 30, 2021: $217,889.92
Period 3 — October 1, 2021 - September 30, 2022: $217,889.92
Period 4 — October 1, 2022 - September 30, 2023: $217,889.92
Period 5 — October 1, 2023 - September 30, 2024: $217,889.92
EMAIL: Phillip.Carmll@carahsoft.com
PHONE: (703)673-3506 FAX: (703)871-8505
QUOTE NO:
23950454
QUOTE DATE:
09/2312020
QUOTE EXPIRES:
10/23/2020
RFQ NO:
SHIPPING:
ESD
TOTAL PRICE:
$217,889.92
TOTAL QUOTE: $217,889.92
- QUOTE PRICE CITY EXTENDED PRICE
$217,889.92 OM 1 $217,889.92
— $217,889.92
TOTAL PRICE: $217,889.92
TOTAL QUOTE: $217,889.92
Opengov Terms of Service
Annual invoices will be delivered by the start of each consecutive annual period. Payment of invoices shall be annually in
advance. Customer's use of the Operi Services is pursuant to the the Terms and Conditions - Software Service Agreement
(Purchase through an Operi Authorized Reseller) set forth at https://opengov.com/terms-of-service.
CONFIDENTIAL QUOTE DATE: 09/23/2020
PAGE 1 of 1 QUOTE NO: 23950454
U
0 LukCity of
bpURCHASE ORDER
bock
TEXAS
TO:
CARAHSOFT TECHNOLOGY CORPORAT]
11493 SUNSET HILLS ROAD STE 100 RES
20190
SHIP TO:
A
Page - 1
Date - 8/5/2021
Order Number 33001531 000 OP
Branch/Plant 3410
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:Director of Purchasing & Contract Management
Ordered 8/5/2021 Freight
Requested 8/24/2021 Taken By Y BUSBY
Delivery Per J Zhine / Req # 57672 PUR 16052 / DIR-TSO-3926
If you have any questions contact Jay Zhine: jzhine@mylubbock.us Phone 806-775-2366
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
The OpenGov Cloud 10/2-9/22 1.000 217,889.9200 EA 217,889.92 8/24/2021
Period 3 - October 1, 2021 to September 30, 2022 - #OPGV-PAAA-B5001B-RR-5Y
Total Order
Terms NET 30
INSURANCE REOUIRED:
217,889.92
Commercial General Liability, per occurrence- $1,000,000
Worker's Compensation Amounts- $500,000 or Employer's
General Aggregate. To include products of complete
Liability-$1,000,000. Copies of endorsements are required.
operations endorsement Automotive Liability- Combined
Single limit for Any Auto - $1,000,000
City of Lubbock is named as an additional insured on a primary and non-contributory basis with a waiver of subrogation in favor of the
City of Lubbock on liability coverages. To include products of completed operations endorsements. Waiver of subrogation provided on
the workers' compensation.
This purchase order encumbers funds in the amount of $217,889.92 awarded to Carahsoft Technology Corporation of
Reston, VA, on 2021. The following is incorporated into and made part of this purchase order by
reference: Contract DIR-TSO-3926 from Carahsoft Technology Corporation of Reston, VA.
Resolution# 2019-RO328
CITY OF LUBBOCK
Daniel A Pope, Mayor
ATTEST:
Rebecca a, City Secreta r(-)
Rev.1/2020
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
ACCEPTANCE OF THIS PURCHASE ORDER
CONTRACTOR A NOW - by s oolving,;fRv Goods or Services that the Contractor has rea
understands, and will be in full comohance with all terms and conditions and the descriptive material co
herein and any additional associated documents and Amendments The City disclaims any terra and cor
provided by the Contractor unless a¢reed upon in whin¢ by the oarties. In the event of conflict betty
orovmea mere span pmavan m ne terms aria conutuons orovraea nerem are me mnai terms a&mca noon my the
parties. and anv Ilrior confliclin¢ terms shall he of no force or effect.
I. 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 fill 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
with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does
not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming
tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer
of his intention to cure and may then make a conforming tender within the contact time but not afterward
5. INVOICES & PAYMENTS. a S e I 1 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 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 are submitted after delivery.
6 GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contact without liability to
Seller rf it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, vvere offered
or given by the Seller, or any agent or representative of the Seller, to any officer ;,r employee of the City of
Lubbock with a vmevv to securing a contact 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 contact. In the event
this contact is canceled by Buyer pursuant to this provaian, Buyer shall be entitled, in addition to any other
rights and remedies, to recover or withhold the amount of the cost incurred by Seller inprovidingsuch gratuities
7 SPECIAL TOOLS & TEST EQUIPMENT If the price stated on the face hereof includes the cost of any
special tooling or special test equipment fabricated or required by 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 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 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 contact without
liability to Seller for breach or Sellers actual expense b The Seller warrants that no person or selling agency
has been employed or retained to solicit or secure this contact 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
viciation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this
contract without liability and to deduct firm the contact price, or otherwise recover without liability and to
deduct from the contact 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 inv itatmon, and to the sample(s) furnished
by the Seller, 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 contactual agreement, the Seller
represents and warrants fault -free performance and fault -free result in the processing date and dale 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 party involved in the creation or development of the products
and services to be delivered to the City of Lubbock under this Contact Failure to comply with any of the
obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the
law and under this Contract including, but not limited to, its right pertaining to termination or default. The
waranties 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 thestandards
promulgated by the U. S. Depanment 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 by way of infringement of the like Buyer makes no
warranty that the production ofgoods according to the specification will not give rise to such a claim, and in no
event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of
infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the
Buyer to this effect in writing within two weeks after the signing 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 contact are subject to the
availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will
terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal
year or when the appropriation made for the then -current year for the goods or services covered by this contact
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 contact beyond the date of
termination.
13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting
them
14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered
portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
lieu of any other remedies which Buyer may have in law or equity.
15 TERMINATION. The performance of work under this ordermay be terminated in whole, or in part by the
Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery
of the Seller of a "Notice of Termination' specifying the extent to which performance of work under the
order is terminated and the date upon which such termination becomes effective Such right or termination is
in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein
16 FORCE MAIEURE. Neither party shall be held responsible for losses, resulting if the fulfillment
of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the
party whose performance is interfered with, and which by the exercise of reasonable diligence said parry 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.
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 then agreement and intended also
as a complete and exclusive statement of the terms of their agreement. Whenever a team defined by the
Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control.
20 APPLICABLE LAW. Th-, ai�reement 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 contact in good faith has reason to question
the other parry's intent to perform he may demand that the other party give written assurance of his intent to
perform In the event that a demand is made and no assurance is given within five (5) days, the demanding
party may treat this failure as an anticipatory repudiation of the contact.
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, and, if any judgment
shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and
discharge the same Seller expressly understands and agrees that any bond required by this contact, 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 contact, and failure by contact to meet the tune 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 contact 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, contract,
equity. or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process 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 ofsuch 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 ofihe 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 slate 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: Mto: vvxu.ci. iubbock.tx.w dcnartmemal•
nebsilesdepattinemspun:hosing wrndor-information
30 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies
that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will
not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any
facts that make it exempt from the boycott certification in its Response
31 Contracts with Companies Engaged in Business with 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
32 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 wmract can be terminated if the
contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
33 Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the
following email address for which public information requests may be made by an entailed request:
pima msiubbork.us. Please send this request to this email address for it to be processed.
REV- 1 2020
PRICE QUOTATION
CARAHSOFT TECHNOLOGY CORP
11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON, VIRGINIA 20190
PHONE (703) 871-858S I FAX (703) 871-8505
WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM
TO: Marta Alvarez
Director of Purchasing & Contract Management
Lubbock, City of
1314 Avenue K
Basement
Lubbock, TX 79401 USA
EMAIL: malvarez@mylubbock.us
PHONE: (806) 775-2572
TERMS: DIR Contract No. DIR-TSO-3926
Expiration Date: June 28, 2022
FTIN: 52-2189693
Shipping Point: FOB Destination
Credit Cards: VISA/MasterCard/AMEX
Remit To: Same as Above
Payment Terms: Net 30 (On Approved Credit)
Texas VID#:1522189693700
Sales Tax May Apply
LINE NO. PART NO. DESCRIPTION
1 OPGV-PAAA-B5001 B- The OpenGov Cloud - Between $500-1 Billion - 5Y
RR-5Y Billed Annually in Advance
OpenGov, Inc.
Start Date: 10/01/2021
End Date: 09/30/2022
SUBTOTAL:
Recurring Annual Fee
Period 2 — October 1, 2020 - September 30, 2021: $217,889.92
Period 3 — October 1, 2021- September 30, 2022: $217,889.92
Period 4 — October 1, 2022 - September 30, 2023: $217,889.92
Period 5 — October 1, 2023 - September 30, 2024: $217,889.92
carahsoft.
FROM: Megan Douthitt
Carahsoft Technology Corp.
11493 Sunset Hills Road
Suite 100
Reston, Virginia 20190
EMAIL: Megan.Douthitt@carahsoft.com
PHONE: (571) 662-3908 FAX: (703) 871-8505
QUOTE NO:
QUOTE DATE:
QUOTE EXPIRES:
RFQ NO:
SHIPPING:
TOTAL PRICE:
TOTAL QUOTE:
QUOTE PRICE
$217,889.92 OM
TOTAL PRICE:
TOTAL QUOTE
30167536
06/30/2021
08/30/2021
ESD
$217,889.92
$217,889.92
QTY EXTENDED PRICE
1 $217,889.92
$217,889.92
$217,889.92
$217,889.92
Opengov Terms of Service
Annual invoices will be delivered by the start of each consecutive annual period. Payment of invoices shall be annually in
advance. Customer's use of the OpenGov Services is pursuant to the the Terms and Conditions - Software Service Agreement
(Purchase through an OpenGov, Authorized Reseller) set forth at https://opengov.com/terms-of-service.
CONFIDENTIAL QUOTE DATE: 06/30/2021
PAGE 1 of 1 QUOTE NO: CONFIDENTIAL
30167536
Resolution No. 2019-RO328
Item No. 6.5
September 24, 2019
RESOLUTION
BE: IT RESOLVED BY THE CITY COUNCIL OF'1'I-IE 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. 10022216 for the purchase of
OpenGov Budgeting and Planning Solution as per D1R-TSO-3926, by and between the City of
Lubbock and Carahsoft Technology Corporation of Rcston, Virginia, and related documents.
Said Purchase Order is attached hereto and incorporated in this resolution as if frilly set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council on Reptemb r 4,?019
DANIEL M. POPE, MAYOR
ATTEST:
Rebec a Garza, City Secr tary
APPROVED AS TO CONTENT:
BlwiGste4ich, Chief financial Officer
APPROVED AS TO FORM:
Am . Sin Deputy Attorne
vwxedocs/RES.-Purchase0rd 10022216 OpenGov Budgeting and Planning Solution
August 21. 2019
City of
#Lubbock
TE%AS
PURCHASE ORDER
TO: CARAHSOFT TECHNOLOGY CORPO
11493 SUNSET HILLS ROAD STE 100
RESTON VA 20190
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457
Ordered 8/20/2019
Requested 10/1/2019
Delivery C BROCK REQ
Description Supplier Item
I lie OpenGo% Cloud
OPGV-PAAA-B5001 B-RR-51'
Professional Services DeploN
OPGV-S13137-135001 B-tilt-OY
lenus NF 1 30
Freight
Taken By
Page -
Date -
Order Number
Branch/Plant
(MIP TO: CITY OF LUBBOCK
1625 13TH ST
LUBBOCK TX 79401
1
8/20/2019
10022216 000 OP
2111
Maria rwarez:Director of Purchasing & Contract Management
DIR-TSO-3926 / PUR 14881
Ordered_ Unit Cost _ Uhl
1.000 217,889.9200 EA
682.000 177.0800 EA
SGONZALEZ
Extension __ Request Date
217.889.92 10' 1:2019
lotal Order
120,768.56 10 1 2019
3'8.658 48
INSURANCE REQUIRED:
• Commercial General Liability, per occurrence- S1,000,000 • Professional Liability, General Aggregate $1,000,000
• General Aggregate $1,000,000 - Cyber Liability, per occurrence - $1,000,000
• Contractual Liability •Products -Comp Op AGG -Personal & Automotive Liability -Any Auto, Per Occurrence- $1,000,000
Ads. Injury Worker's Compensation -Statutory Amounts $500,000
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 $338,658.48 awarded to Carahsoft Technology Corporation of Reston, VA. on
--September 24 , 2019. The following is incorporated into and made part of this purchase order by reference: Quote
Number 17014660 dated August 19, 2019 from Carahsoft Technology Corporation of Reston, VA and Department of Information
Resources (DIR) Contract DIR-TSO-3926. Resolution # 2019-RO 28
CITY OF LUBBO
Daniel M. Pope, Mayor
ATTEST:
Rebe a�City,a—k;
ry
Cit:3-
oc
Lubbk
TEza'
PURCHASE ORDER
TO: CARAHSOFT TECHNOLOGY CORPC
11493 SUNSET HILLS ROAD STE 100
RESTON VA 20190
Page - I
Date - 8/20/2019
Order Number 10022216 000 OP
Branch/Plant 2111
4NIP TO: CITY OF LUBBOCK
1625 13TH ST
LUBBOCK TX 79401
INVOICE TO: CITY OF LCBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 g�
Will varez, Director of Purchasing & Contract Management
Ordered 8 `20.2019
Requested 10/ 1 2019
Delivery C BROCK REQ
Description/Supplier Item
The OpenGov Cloud
OPGV-PAAA-B500l B•RR-5Y
Professional Ser%ices Deploy
O PG V-S B BZ-l15001 B-N R-O Y
Icons NFT 30
Freight
Taken By
DIR-TSO-3926 / PUR 14881
Ordered Unit Cost _ U_M
1.000 217,889.9200 EA
682.000 177.0800 EA
S GONZALEZ
Extension_ _ Request Date
217,889.92 10/ 1 /2019
total Order
120,768.56 10' 1; 2019
338.658.48
IIVJUKANCL K1 t.2U1RI D:
• Commercial General Liability, per occurrence- 51,000,000 • Professional Liability, General Aggregate $1,000,000
• General Aggregate S1,000,000 • Cyber Liability, per occurrence - $1,000,000
• Contractual Liability -Prod ucts-Comp!Op AGG -Personal R Automotive Liability -Any Auto, Per Occurrence- $1,000.000
Adv. Injury Worker's Compensation -Statutory Amounts $500,000
Employer's Liability $1,000,000
City of Lubbock is named as additional insured on Attto/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
rea u i red.
This purchase order encumbers funds in the amount of $338,658.48 awarded to Carahsoft Technology Corporation of Reston, VA, on
2019. The following is incorporated into and made part of this purchase order by reference: Quote
Num er 17014660 dated August 19, 2019 from Carahsoft Technology Corporation of Reston, VA and Department of Information
Resources (DIR) Contract DIR-TSO-3926. Resolution # 2019-R0328
CITY OF LUBBO
Daniel M. Pope, Mayor
ATTEST:
Rebe a Oarza,City Secretary
carahsoft
Marta Alvarez
D,rector of Purchasing & Contract Management
Lubbock, City of
1625 13th Street
Room 204
Lubbock TX 79401 USA
malvarez@mylubbock us
(806i 775-2572
DIR Contract No DIR-TSO-3926
Expiration Date June 28 2022
FTIN 52-2189693
Shipping Pont FOB Destination
Credit Cards VISA/MasterCard/AMEX
Remit To Same as Above
Payment Terms Net 30 (On Approved Cred.t)
Texas VIDft 1522189693700
Sales Tax May Apply
1 OPGV-PAAA- The OpenGov Cloud - Between $500-1 B•Ilion - 5Y
B50018-RR-5Y Billed Annually in Advance
OpenGov Inc
2 OPGV-SBBZ- Professional Services Deployment - Prepaid -
B5001 B-NR-OY Between 5500-1 Billion - OY
Billed Upfront
OpenGov Inc
Recurring Annual Fee
Period 2 —October 1, 2020 - September 30, 2021: $217,889.92
Period 3 — October 1, 2021 - September 30, 2022: $217,889.92
Period 4 —October 1, 2022 - September 30, 2023: $217,889.92
Period 5 —October 1, 2023 - September 30, 2024. $217,889.92
Phillip Carroll
11493 Sunset Hills Road
Suite 100
Reston Virginia 20190
Phillip Carroll@carahsoft com
(7031 673-3506 (703) 871-8505
17014660
08/19/2019
09/ 18/2019
ESO
$338 658 48
$338 658 48
$217 889 92 OM 1 5217 88992
5177 08 OM 652 $120 76856
Opengov Terms of Service
Annual invoices will be delivered by the start of each consecutive annual period. Payment of invoices shall be annually in
advance. Customer's use of the OpenGov Services is pursuant to the the Terms and Conditions - Software Service Agreement
(Purchase through an OpenGov Authorized Reseller) set forth at https://opengov.comiterms-of-service.
$_Q8 658 48
$338,658.48
$338,658.48
O8/19/2019
17014660