Item 4CCITY OF
SOUTH LAS E
MEMORANDUM
June 9, 2009
TO: Shana Yelverton, City Manager
FROM: Stacey Black, Director of Human Resources
SUBJECT: Approve the purchase of Kronos automated timekeeping system from
Immix Technologies, Inc. in the amount of $84,089.50.
Action
Requested: Approve the purchase of Kronos automated timekeeping system
including software, hardware, maintenance and implementation
services from Immix Technologies, Inc. in the amount of $84,089.50.
Background
Information: Employees currently complete paper timesheets to report hours
worked for payroll and time is manually entered into the existing Tyler
Technologies Munis Payroll system by designated staff members. The
current method is labor intensive and error prone.
Purchasing and implementing an automated timekeeping system will
allow employees to punch in using biometric time clocks or computer
stations. The system will efficiently and accurately capture hours
worked, eliminating the need for paper timesheets and reducing the
likelihood of errors and employee fraud. In addition, managers will
have real time access to hours worked allowing for more proactive
management of staffing and overtime. The data captured by the
system will be uploaded into the existing Munis payroll system in order
to complete the payroll process.
A selection review committee reviewed two companies and ultimately
selected Kronos as the best option to meet the needs of the City. The
Kronos automated timekeeping system will be purchased from Immix
Technologies using the Texas Multiple Award Schedule (TXMAS)
cooperative purchasing arrangement and, therefore, has met the
bidding requirements. Funding in the amount of $108,000 was
budgeted during the normal budget process in the Strategic Initiative
Fund.
Financial
Considerations: Total expenditures of $84,089.50 are under the budgeted amount of
$108,000.00.
Shana Yelverton, City Manager
June 9, 2010
Page 2
Strategic Link: 136: Optimize Use of Technology
135: Improve Performance of Delivery and Operational Processes
Citizen Input/
Board Review: Not applicable.
Legal Review: None required. The TXMAS contract has already undergone legal
review.
Alternatives: Do not approve the purchase. Staff will continue to complete paper
timesheets and enter time manually into the existing payroll system.
Supporting
Documents: Immix Technologies, Inc Sales Quote and TXMAS Agreement
Staff
Recommendation: Approve item as proposed.
immixTechnology Sales Quotation
Stacey Black
City of Southlake
City of Southlake, TX
1400 Main St.
Ste. 260
Southlake, TX 76092
PH: (817) 748 -8063 FAX: (817) 748 -8065
sblack@cityofsouthlake.com
Quote Number: QUO- 145977- 7B6G6L
Quote Date: 61212010
Expiration Date: 7/212010
Contract No.:
Contractor Type:
CAGE Code:
DUNS No.:
TAX ID #:
Terms:
FOB:
Order /Payment Address:
immixTechnology, Inc.
8444 Westpark Drive, Suite 200
McLean, VA 22102
PH: 703 - 752 -0610 FX: 703 - 752 -0613
EFT: BB &T
Routing No. 055003308
TXMAS -6 -70060
Small Business
3CA29
09- 869 -2374
54- 1912608
NET 30
Destination
immixTechnology Contact: Rochel, Nathan
571- 405 -2950 Nathan Rochel@immixgroup.com
Manufacturer Quote #: Manufacturer Contact: Foster, Kyle
Manufacturer Ref #: 7 1 214.471.7149 Kyle.foster @kronos.com
Item
Part Number
Contract
Trans
Product Description
Qty
Price
Extended Price
Type
1
8800079 -000
TXMAS -6-
LIC
Workforce Timekeeper v6 - per employee
350
$19.41
$6,793.50
70060
2
8800079 -000GM
TXMAS -6-
MNT
Gold Support Service for Workforce
350
$3.88
$1,358.00
70060
Timekeeper v6 - per employee
3
8800082 -000
TXMAS -6-
LIC
Managers for Workforce Central v6 - per Mgr
90
$167.00
$15,030.00
70060
4
8800082 -000GM
TXMAS -6-
MNT
Gold Support Service for Managers for
90
$33.40
$3,006.00
70060
Workforce Central v6 - per Mgr
5
8800081 -000
TXMAS -6-
LIC
Workforce Employee v6 - per employee
350
$5.77
$2,019.50
70060
6
8800081 -000GM
TXMAS -6-
MNT
Gold Support Service for Workforce
350
$1.15
$402.50
70060
Employee v6 - per employee
7
8800092 -000
OPENMARKET
LIC
Workforce Integration Manager Unlimited
350
$3.00
$1,050.00
Interface V6 - Employee
8
8800092 -000GM
OPENMARKET
MNT
Gold Support Service for Workforce
350
$0.60
$210.00
Integration Manager Unlimited Interface V6 -
Employee
Group Total: $29,869.50
9
8602800 -003
TXMAS -6-
HW
4500 Numeric Proximity 10/100 Mbit Ethernet
10
$1,950.00
$19,500.00
70060
10
99X2800 -003
TXMAS -6-
HW MNT
Depot Exchange 4500 Numeric Proximity
10
$187.54
$1,875.40
70060
10/100 Mbit Ethernet (RoHS Compliant)
11
8602801 -001
TXMAS -6-
HW
Kronos Touch IDTm Fingerprint Verification
10
$350.00
$3,500.00
70060
1
Option( all supported countries)
12
99X2801 -001
TXMAS -6-
HW MNT
Depot Exchange for Kronos Touch ID TM
10
$57.46
$574.60
70060
1
Fingerprint Verification Option( all supported
1
countries)
Group Total: $25,450.00
13
9990002 - ENT -PM
TXMAS -6-
SVC
Enterprise Services Project Manager (Per
24
1 $165.00
$3,960.00
70060
Hour)
14
9990002 - ENT -AC
TXMAS -6-
SVC
Enterprise Services Application Consultant
130
1 $165.00
$21,450.00
70060
(Per Hour)
Group Total: $25,410.00
All Pricing information is confidential Page 1 of 2 Quote # QUO-1 45977-7136G61-
immixTechnology
Sales Quotation I Continued
Item Part Number Contract Trans Product Description Qty Price Extended Price
Type
15 B TXMAS-6- TR Generic Training Points to be used for any 4200 $0.80 $3,360.00
70060 training class. Bill as you go Training Points
(invoiced upon delivery or attendance)
Group Total: $3,360.00
HARDWARE $23,000.00
HARDWARE MAINTENANCE $2,450.00
LICENSE $24,893.00
SW MAINTENANCE $4,976.50
SERVICES $25,410.00
TRAINING $3,360.00
Grand Total $84,089.50
Note: All Purchase Orders processed by immixTechnology, Inc. must include the following:
End -user name and phone number;
Subject to the Terms and Conditions of Contract Type and Number: TXMAS -6- 70060;
PO Number, this Quote Number, Bill To & Ship To addresses, Authorized Signature, terms: NET 30, Shipping: FOB Destination;
Sales Tax will be added to all orders that do not provide a copy of tax exemption certificate or resale certificate;
Initial year of Support /Maintenance is mandatory.
All Pricing information is confidential Page 2 of 2 Quote # QUO - 145977- 7B6G6L
STATE OF TEXAS
TEXAS BUILDING AND PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TXMAS) CONTRACT
TBPC Contract No.
Schedule:
Commodity Class:
THIS CONTRACT is by .and between the STATE OF TEXAS ( "State ") acting through
the TEXAS BUILDING & PROCUREMENT. COMMISSION ( "TBPC "), with offices at
1711 San Jacinto Boulevard, Austin, Texas 78701 and
( "Contractor ") with offices at t r o6
1. BACKGROUND:
The Contractor has entered into GSA Contract Number
.(the "GSA contract ") with the Federal Government under the Federal Government's
Supply Schedule Contract Program administered by the General Services Administration
( "GSA ") pursuant to which GSA and Contractor have negotiated in advance of actual
purchases the terms and conditions under which Contractor agrees to provide an
indeterminate amount of certain goods or services in GSA Schedule 10 to
agencies of the federal government. The contract was awarded by GSA following a
documented competitive bidding process. Such contract is not a commitment to purchase
any goods or services; however, it does provide the terms and conditions upon which the
scheduled goods and services may be purchased by a federal agency during the term of
the contract.
The Texas Building and Procurement Commission has identified the GSA contract as one
which offers goods or services on terms and conditions that may be of interest to various
agencies of the State of Texas and has therefore determined it advantageous to add the
GSA contract with Contractor to the Schedule of State Multiple Award Contracts,
pursuant to Texas Government Code, Chapter 2155, Subchapter I (Multiple Contract
Award Schedule) (Vernon Supp. 2003).
Pursuant to this state multiple. award schedule contract (the "Contract "), Contractor has
agreed that an agency or local government entity of the State Texas may acquire the
listed goods or services offered by Contractor on the terms and conditions of the GSA
contract, as modified herein, but it in no manner obligates any state agency or local
government entity to do so. It is recognized that prices reflected in the GSA contract are
most favored customer prices and are maximum prices. A state agency or local
government entity may negotiate a lower price for goods and services listed on a schedule
contract.
Revised: January 20, 2004 - TM
STATE OF TEXAS
TEXAS BUILDING AND PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TXMAS) CONTRACT
TERMS & CONDITIONS
2. COMPOSITION OF CONTRACT:
This Contract incorporates the terms of the GSA contract, as amended and modified by
this Contract. The GSA contract consists of all the documents and materials incorporated
in that agreement between Contractor and GSA. Those documents include, without
limitation, the GSA's original solicitation, the Contractor's proposal to GSA, with
amendments, the Contractor's best and final offer letter, the final award, and the most
current version of the GSA contract. (See Paragraph 34: "ENTIRE AGREEMENT. ")
Additionally, all representations, clarifications, and certifications submitted by the
Contractor as a part of that contracting process are also included, as well as any relevant
laws, regulations, documents, guidelines, and other materials incorporated by reference in
the GSA contract.
3. CERTIFICATION OF ACCURACY:
The. Contractor hereby certifies that all copies of the GSA contract submitted to the State
as part of the negotiation of this Contract are true, correct, current, and complete copies
of that contract. The Contractor further represents and warrants that all future revisions
to this contract which are submitted will reflect true, correct, current, and complete terms
and conditions of the then - current GSA contract.
4. CONTRACTOR'S REPRESENTATIONS:
The Contractor warrants that all certifications and representations made to the GSA as a
basis for obtaining the GSA contract were and are still true and accurate. The Contractor
further agrees that such representations have been relied on as a basis for the State
entering into this Contract and that such representations and certifications inure to the
benefit of the State.
5. FUTURE NOTICE:
The Contractor acknowledges that any continuing obligation to notify the GSA of
changes affecting the GSA contract, including by way of example, notice of a change of
address required under the provisions of the GSA contract, must be provided in the same
manner to the State. The State's rights under those notices will be the same as the rights
Revised January 20, 2004 - TM
2
STATE OF TEXAS
TEXAS BUILDING AND PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TEMAS) CONTRACT
of the GSA. Additionally, the Contractor agrees to notify the State within thirty (30)
calendar days of all changes in the status of or amendments to the GSA contract.
6. PARTIES TO THE CONTRACT:
(a) For purposes of this Contract, the State shall execute a market certification
and all terms and conditions of the GSA contract not inconsistent with the
terms and conditions of this Contract shall apply to the State. Additionally,
for purposes of this Contract, all rights and obligations of the Contractor and
GSA under the GSA contract, except to the extent that such would create an
absurdity or are otherwise clearly inappropriate, or would violate state or
federal law, will be rights and obligations as between the Contractor and the
State.
(b) This Contract may be relied on by any "State Agency" as defined under
§2251.001(8) of the Texas Government Code and any "Local Government" as
defined under §271.101 of the Texas Local Government Code. Whenever a
Local Government relies upon this Contract to issue a purchase order for the
goods or services offered by Contractor, the Local Government shall be
afforded the same benefits and consideration as the State under this Contract.
Any order placed by a Local Government under this contract will be between
the Contractor and the Local Government. The Contractor will look solely to
the Local Government for performance, including but not limited to payment,
and will hold the State harmless with regard to such orders. The State,
however, will have the right to terminate this Contract and seek such remedies
on termination as this Contract provides should the Contractor fail to honor its
obligations under an order from a Local Government.
(c) Nothing in this Contract requires the Contractor to accept an order from a
Local Government where the Contractor reasonably believes that the Local
Government is or will be unable to perform its obligations in relation to that
order.
7. SPECIFIC CHANGES TO PROVISIONS INCLUDED IN CONTRACTOR'S
SCHEDULE CONTRACT:
The State and the Contractor agree to the following changes to specific provisions of the
Contractor's Federal Schedule Contract, notwithstanding anything to the contrary
contained in the Contractor's Federal Contract:
(a) All equipment will be new and all replacement parts will be new.
Revised January 20, 2004 - TM
3
STATE OF TEXAS
TEXAS BUILDING AND PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TXMAS) CONTRACT
(b) The ordering and payment addresses under this Contract will be those
contained in the Contractor's offer letter to the State.
(c) Payments and invoicing will be done according to the terms discussed under
paragraph 12 "PAYMENT DUE DATE" and paragraph 13 "INVOICE
.REQUIREMENTS ", below.
(d) All shipping of equipment under warranty for repairs will be at the
Contractor's expense.
(e) All references to hours of the day will be deemed to be references to Central
Standard/Daylight Time.
(f) The State will not purchase goods or services for overseas delivery, or provide
the Contractor with overseas support.
(g) The Contractor will not offer to. the State any products that are not Year 2000
compliant. All such items listed in the Contractor's Authorized Price List are
deleted for purposes of the State.
(h) As this Contract refers to a GSA schedule contract for convenience, orders
under this Contract are not orders under the GSA schedule program.
Therefore, the federal supply schedules for blanket purchase agreements,
contractor team arrangements are not applicable to this contract. However,
for administrative convenience and to satisfy a total best value procurement
requirement, a purchasing entity may, if the quoted price is determined to be
fair and reasonable, purchase incidental items that are not on the GSA contract
schedule. The purchase of incidental, off schedule items will be treated as an
open market purchase and clearly labeled on the schedule purchase order as
open market (OM) items.
(i) Those terms and conditions of the Contractor's offering documentation not
specifically referenced by the Amendments delineated under this heading
shall remain unchanged.
(j) In conjunction with the submission of the Contractor Quarterly Sales Report
referred to in Paragraph 8 of this document, the Contractor shall remit to the
State of Texas a sales rebate which will not exceed the GSA Industrial
Funding Fee (IFF) that is in effect at the time of the Quarterly Sales Report
submission.
(k) The contractor will provide a Universal Resource Locator (URL) address that
is exclusive to the contractor's TXMAS contract and catalog. The "hot link"
Revised January 20, 2004 - TM
4
STATE OF TEXAS
TEXAS BUILDING AND .PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TXMAS) CONTRACT
must allow users access to the contractor's TXMAS catalog from the TBPC
website.
8. CONTRACTOR QUARTERLY SALES REPORT:
(a) The Contractor shall report to the State the quarterly dollar value '(in U.S.
dollars and rounded to the nearest whole dollar) of the sales under this Contract
by fiscal quarter (i.e., September- November, December- February, March- May,
June- August). The dollar value of the sale shall be the price paid by the
schedule user for the products and services on a schedule contract task or
delivery order, as recorded by the Contractor.
(b) The Contractor shall report the quarterly dollar value of sales electronically in
the on -line format provided by TBPC (See Paragraph 8(e), below). If no sales
occur, the Contractor shall report "zero" sales. The report shall be submitted
within thirty (30) calendar days following the completion of the reporting
period.
(c) As a component of the Contractor Quarterly Sales Report the Contractor shall
remit a Sales Rebate that is authorized by the Texas Government Code, Chapter
2155.510. The Sales Rebate shall be based on the GSA Industrial Funding Fee
(IFF) rate that is effective at the time of the report submission. The Sales
Rebate rate that will apply to Contract Quarterly Sales Reports submitted for the
fiscal quarters commencing March 2004 shall be 0.75 %. This rate shall apply to
all quarterly Sales Rebates until a new IFF rate is set by GSA.
(d) The Sales Rebate remittance should be identified as " TXMAS Sales Rebate"
and made payable to TBPC The remittance address is: Texas Building and
Procurement Commission, Attn: Fiscal Division, Post Box 13047, Austin, TX
78711 -3047.
(e) The Contractor shall also submit a final closeout report within one hundred and
twenty (120) calendar days after the expiration or termination of this Contract.
The contract shall expire upon the physical completion of the last outstanding
task or delivery the final order under the Contract. The closeout report shall
include all sales not shown in the final or most recent quarterly report and shall
reconcile all errors and credits. If the Contractor reported all contract sales and
reconciled all errors and credits on the final quarterly report, then the Contractor
shall report "zero" sales in the closeout report.
(f) The Quarterly Sales Report shall be submitted electronically online at:
li.ttp://L)orial.,tbpc.state.tx.us/txi
Revised January 20, 2004 - TM
5
STATE OF TEXAS
TEXAS BUILDING AND PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TEAMAS) CONTRACT
(g) If the Contractor fails to submit sales reports, falsifies sales reports, or fails to
submit sales reports in a timely manner, the State may terminate or cancel this
Contract in accordance with Paragraph 20 ( "CANCELLATION ").
9. DISTRIBUTORS:
(a) The Contractor is authorized to name one or more dealers to work with the
State on behalf of the Contractor. If the Contractor decides to use the services
of such authorized dealers, the Contractor shall submit the name, address, and
telephone number of any such dealer, as well as the dealer's purchase order
and payment address(es), Federal Employer's Identification Number (FEIN)
and Dun and Bradstreet (DUNS) number, if available. The Contractor shall
also submit a completed W -9 form for each dealer it wishes to name under
this section. The Contractor shall submit required information on its official
letterhead, signed by an authorized representative, and addressed to the
Director of Procurement. In doing so, the Contractor warrants that:
(1) The dealer has been given a copy of this Contract, and a duly
authorized representative of the dealer has agreed, in writing to be
bound by the terms and conditions in this Contract.
(2) Such agreement specifically provides that it is for the benefit of the
State as well as the Contractor.
(3) The Contractor agrees to remain liable under this Contract for any
failure of the dealer to perform and any breach of the dealer under this
Contract.
(4) Payments under this Contract for the services of any dealer may be
made directly to that dealer, and the Contractor will look solely to the
dealer for any payments due the Contractor once the State has paid the
dealer.
(5) To the extent that there is any liability to the State arising from doing
business with a dealer that has not signed the agreement required
under this section with the Contractor, the Contractor will indemnify
the State for such liability.
(b) If the Contractor designates a dealer that will not receive payments (a
"distributor "), the Contractor shall do so by identifying the person or
organization as a distributor in an authorizing letter. One or more distributors
may be identified in an authorizing letter. In such cases, information regarding
taxpayer identification and payment address, the distributor's W9 form, and
DUNS number may be omitted. All other requirements and information
necessary for the designation of a dealer shall apply to designation of a
distributor.
Revised January 20, 2004 - TM
6
STATE OF TEXAS
TEXAS BUILDING AND. PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TXMAS) CONTRACT
10. POLICY ON UTILIZATION OF HISTORICALLY UNDERUTILIZED
BUSINESSES (HUBS):
(a) In accordance with the Texas Government Code, §§ 2161.181 - 2161.1'82,
state agencies shall make a good faith effort to afford Historically
Underutilized Businesses (HUBs) an opportunity to participate in contracts for
construction, services, including professional and consulting services and
commodities contracts. The Texas Building and Procurement Commission
adheres to this requirement, as reflected by Title 1 Texas Administrative Code
(TAC) § §111.11 - 111.28, which encourages the use of HUBS through
policies implementing race - ethnic -and gender - neutral means of contract
awards.
(b) The purpose of the HUB Program is the promotion of full and equal business
opportunities for all businesses contracting with the State in accordance with
the goals specified in the State of Texas Disparity Study, to wit:
(1) 11.9% for heavy construction other. than building contracts;
(2) 26.1 % for all building construction, including general contractors and
operative builders contracts;
(3) 57.2% for all special trade construction contracts;
(4) 20% for professional services contracts;
(5) 33% for all other services contracts; and
(6) 12.6% for commodities contracts.
(c) Each state agency shall make a good faith effort to meet.or exceed these goals
and assist HUBs in receiving a portion of the total contract value of all
contracts that the agency expects to award in a fiscal year.
(d) Contractors are urged to utilize Texas Certified HUBs as distributors or
dealers whenever possible to promote full and equal business opportunities
and assist state agencies in meeting the goals listed above. A random listing
of Certified Texas HUB Vendors that are registered on the Texas Centralized
Master Bidder List (CMBL) for the commodities included in the contract
schedule is attached (see Attachment B). Contractor is also strongly
encouraged to make a good faith effort within the basic terms of the GSA
contract and to consider engaging the service of a HUB provider to meet the
obligation of this Contract in Texas. The attached TXMAS HUB Good Faith
Effort Certirication must be completed and returned with this document (see
Attachment C).
Revised January 20, 2004 - TM
STATE OF TEXAS
TEXAS BUILDING AND PROCUREMENT COMMISSION'
TEXAS MULTIPLE AWARD SCHEDULE ( TXMAS) CONTRACT
11. LIMITATION OF LIABILITY:
THE PARTIES AGREE THAT IN NO EVENT WILL EITHER PARTY BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF THE PARTIES
HAD BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES.
12. PAYMENT DUE DATE:
(a) Except as provided for in section 2251.021(b), Texas Government Code,
payment by a, State Agency or Local Government is due within thirty (3 0)
calendar days after the later of:
(1) the date the State Agency or Local Government receives the goods under
the contract;
(2) the date the State Agency or Local Government receives a proper invoice
for the goods or services; or
(3) the date the performance of the service under the contact is completed
(b) Except as provided for in section 2251.021(b), Texas Government Code, a late
payment will begin to accrue interest at a rate of one percent per month on the
31" day after the later event described by subsections (a)(1) through (3)
above. Interest shall cease to accrue on the date the State Agency or Local
Government mails (as determined by the postmark) or electronically transmits
the payment to the Contractor.
13. INVOICE REQUIREMENTS:
(a) In order to receive payment, Contractor must submit an original invoice to the
office designated in the purchase order as the "Bill To" address. To be a
proper invoice, the invoice must include the following information and/or
attachments:
(1) Name and address of the Contractor as designated in this Contract.
(2) The Contractor's Texas Identification Number (TIN) as designated in this
Contract.
(3) The Contractor's invoice remittance address as designated in this Contract.
Revised January 20, 2004 - TM
8
STATE OF TEXAS
TEXAS BUILDING AND PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TXMAS) CONTRACT
(4) The purchase order number authorizing the delivery of products or
services.
(5) A description of what the Contractor delivered, including, as applicable,
the time period, serial number, unit price, quantity, and total price of the
products and services. If the invoice is for a lease, the Contractor must
also include the payment number (e.g., 1 of 36).
(b) If an authorized dealer has fulfilled the purchase order, then the dealer's
information should be supplied in lieu of the Contractor's information. If an
invoice does not meet requirements this section or if the Contractor fails to
give proper notice of a price increase, the State will send written notice and
the improper invoice to the address designated for receipt of purchase orders
by Contractor within fifteen (15) calendar days after receipt of the invoice.
The notice will describe the defect or impropriety and any additional
information needed to correct the invoice.
14. AUDIT REQUIREMENTS:
Contractor understands that acceptance of funds under this contract acts as acceptance of
the authority of the State Auditor's Office, or.any successor agency, to conduct an audit
or investigation in connection with those funds. Contractor further agrees to cooperate
fully with the State Auditor's Office or its successor in the conduct of the audit or
investigation, including providing all records requested. Contractor will ensure that this
clause concerning the authority to audit funds received indirectly by subcontractors
through Contractor and the requirement to cooperate is included in any subcontract it
awards.
l
Lei of T 7: -061 � i � ORW:VI-ORP
For price increases authorized under this contract, notification must be given to the TBPC
and to the purchase order "Bill To" address contained in the applicable purchase order(s)
for any orders affected by the increase (e.g., existing leases, licenses, or annual
maintenance programs). The Contractor must give these notices no later than thirty (30)
calendar days before the effective date of the price increase. This notification must
specify, when applicable, the product serial number, location, current price, increased
price, and applicable purchase order number.
Revised January 20, 2004 - TM
9
STATE OF TEXAS.
TEXAS BUILDING AND PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TEMAS) CONTRACT
16. NON - APPROPRIATION OF FUNDS:
Funding for obligations of the State under this Contract are contingent on the availability
of lawful appropriations by the Texas Legislature. If the Texas Legislature fails to
continue funding for the payments due under an order referencing this Contract, the order
will terminate as of the date that the funding is exhausted or expires, and the State will
have no further obligation to make any payments.
Contractor expressly acknowledges that state funds may not be expended in connection
with the purchase of an automated information system unless that system meets certain
statutory requirements relating to accessibility by persons with visual impairments.
Accordingly, Contractor represents and warrants to TBPC that the technology offered to
TBPC or any other state agency or political subdivision for purchase under this Contract is
capable, either by virtue of features included within the technology or because it is readily
adaptable by use with other technology, of:
(a) providing equivalent access for effective use by both visual and nonvisual means;
(b) presenting information, including prompts used for.interactive communications, in
formats intended for both visual and nonvisual use; and
(c) being integrated into networks for obtaining, retrieving, and . disseminating
information used by individuals who are not blind or visually impaired.
For purposes of this clause, the phrase "equivalent access" means a substantially similar
ability to communicate with or make use of the technology, either directly by features
incorporated within the technology or by other reasonable means such as assistive devices
or services which would constitute reasonable accommodations under the Federal
Americans with Disabilities Act or similar federal laws. Examples of methods by which
equivalent access may be provided include, but are not limited to, keyboard alternatives to
mouse commands and other means of navigating graphical displays, and customizable
display appearance.
This requirement applies to all contracts made by state agencies that involve the purchase
of an automated information system, with out regard to: (i) the source of funds used to
make -the purchase; (ii) whether the purchase is made under delegated purchasing
authority; or (iii) whether the purchase is made under the authority of the Texas
Government Code, Title 10, Subtitle D, or other law.
Revised January 20, 2004 - TM
10
STATE OF TEXAS
TEXAS BUILDING AND PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TXMAS) CONTRACT
18. PUBLIC INFORMATION:
Pursuant to The Texas Public Information Act (Texas Government Code, Chapter 552), all
information in the possession of TBPC may be subject to public disclosure in accordance
with the provisions of the act.
The State is exempt from all state and local taxes and does not agree to pay any taxes.
20. CANCELLATION:
The State or the Contractor may cancel this Contract without cause on thirty (30) calendar
days written notice. But, in the case of any lease of goods or services or any license of
software or other intangible property entered into before the effective date of the
termination, the State will have the right to continue such lease or license after termination
on the same terms.
21. AUTOMATIC RENEWAL:
This contract shall be automatically renewed for three successive periods of 60 months
each on the expiration date of -the GSA contract unless either party gives notice of
cancellation as provided above prior to such renewal date. All terms and conditions of
this Contract will continue and apply to all renewal periods unless modified by mutual
agreement.
22. DELIVERIES:
Unless stated otherwise in the federal supply schedule, all deliveries will be F.O.B.
Destination.
23. EQUAL EMPLOYMENT OPPORTUNITY:
The Contractor will comply with all Texas laws regarding equal opportunity employment
opportunity.
Revised January 20, 2004 - TM
STATE OF TEXAS
TEXAS BUILDING AND PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TEMAS) CONTRACT
24. DRUG FREE WORKPLACE:
The Contractor will make a good faith effort to ensure that none of its employees are
under the influence of or possess illegal drugs or alcohol or abuse prescription drugs
while they are on State property.
25. CONTRACTOR AFFIRMATIONS:
(a) The Contractor has not given, offered to give, nor intends to give at any time
hereafter any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, or service to a public servant in connection with
the submitted contract.
(b) Contractor hereby assigns to purchaser any and all claims for overcharges
associated with this contract which arise under the antitrust laws of the United
States 15 U.S.C.A. Section 1, et seq. (1973) as amended, and the Texas Free
Enterprise and Antitrust Act of 1983, Tex. Bus. & Comm. Code Sec. 15.01, et
seq. (1983).
(c) Neither the contractor nor the firm, corporation, partnership, or institution
represented by the contractor, or anyone acting for such firth, corporation or
institution has violated the antitrust laws of this State or Federal Antitrust
laws, (see item b, above)
(d) Pursuant to Texas Family Code 231.006(d), (relating to child support), the
Contractor certifies that no individual or business entity named in this contract
is ineligible to receive the specified payment and acknowledges that this
contract may be terminated and/or payment may be withheld if the
certification is inaccurate.
(e) Pursuant to §2155.004, Texas Government Code (re: collection of state and
local sales and use taxes), the Contractor certifies that no individual or
business entity named in this contract is ineligible to receive the specified
contract and acknowledges that this contract may be terminated and /or
payment withheld if this certification is inaccurate.
(f) The Contractor shall defend, indemnify, and hold harmless the State of Texas,
all of its officers, agents and employees from and against all claims, actions,
suits, demands, proceedings, costs, damages, and liabilities, arising out of,
connected with, or resulting from any acts or omissions of contractor or any
Revised January 20, 2004 - TM
12
STATE OF TEXAS
TEXAS BUILDING AND. PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TXMAS) CONTRACT
agent, employee, subcontractor, or supplier of contractor in the execution or
performance of this contract.
(g) . Contractor agrees that any payments due under this contract will be applied
towards any debt, including but not limited to delinquent taxes and child
support, that is owed to or due under the laws of the state of Texas.
(h) Contractor certifies that it is in compliance with §669.003, Texas Government
Code (relating to contracting with executive head of a state agency). If
§669.003 applies, vendor will complete the .following information in order for
any relevant offer to be evaluated:
Name of Former executive: .
Name of State Agency:
Date of separation from State Agency:
Position with Contractor:
Date of Employment with Contractor:
26. PUBLICITY:
The Contractor will not advertise that it is doing business with the State or use this
Contract as a marketing or sales tool without the prior, written consent of the State.
27. TRAINING REQUIREMENTS:
The Contractor will send as a minimum one corporate representative and one
dealer /distributor representative from each authorized dealer /distributor for training on
TXMAS procedures prior to receiving award of a TXMAS contract. The TXMAS Unit
in Austin, Texas will provide training. Training dates, location and times will be
coordinated with the TXMAS Unit.
28. TRAVEL EXPENSES:
Any travel or per diem required by the Contractor to do its obligations under this
Contract will be at the Contractor's expense. All travel and per diem that the State
requests in addition to what this Contract requires the Contractor to provide at the
Contractor's expense will be paid in accordance with State of Texas Travel Allowance
Guide.
29. HEADINGS:
Revised January 20, 2004 - TM
13
STATE OF TEXAS
TEXAS BUILDING AND PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TXMAS) CONTRACT
The headings used in this Contract are for convenience only and will not be used in
interpreting this Contract.
30. ASSIGNMENT:
The Contractor will not assign this Contract without the written consent of the State.
31. ORDER OF PRIORITY:
If there is any inconsistency or conflict between this document and any provision of any
document incorporated by reference, this document will prevail.
32. ALTERNATIVE DISPUTE RESOLUTION:
The parties agree that prior to initiation of early termination or cancellation of this
Contract on account of a dispute regarding the contractual provisions or their respective
performance hereunder, they will implement and follow the Alternative Dispute
Resolution procedures provided in Texas Government Code, Chapter 2260 (Vernon Supp.
2003).
33. GOVERNING LAW:
This Contract is governed by and will be construed under Texas law, and venue for any
dispute will be in a court of competent jurisdiction in Travis County, Texas.
34. ENTIRE AGREEMENT:
This Contract consists of this document, the contract, the Contractor's
State Offer Letter, the Contractor's letter(s) designating dealers (and/or distributors), if
applicable, and any price lists or catalogs specifically referenced elsewhere in this
Contract. The foregoing constitutes the entire agreement between the parties, and any
changes or modifications to this Contract must be in writing.
35. SEVERABILITY:
Revised January 20, 2004 - TM
14
STATE OF TEXAS
TEXAS BUILDING AND PROCUREMENT COMMISSION
TEXAS MULTIPLE AWARD SCHEDULE ( TEMAS) CONTRACT
If any part of this Contract shall be declared unlawful or shall become void, all other
provisions not affected shall remain in full force and effect
TO SHOW THEIR AGREEMENT, the parties have executed this Contract effective as
of the date of signature by the State.
THE CONTRACTOR
By
STATE OF TEXAS,
TEXAS BUILDING & PROCUREMENT
COMMISSION
PROCUREMENT DIVISION
Ted R. Maddry, CTPM
Purchasing Operations d ustomer
Service Manager
Title:
Date: 5`8-1201:�)[-
Date:
Revised January 20, 2004 - TM
15