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HomeMy WebLinkAboutC2024-101 - 5/14/2024 - Approved CO-OPERATIVE PURCHASE AGREEMENT NO. 3179 Splunk Software Licenses & Support THIS Splunk Software Licenses & Support Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Carahsoft Technology Corporation (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). 1. Co-operative Agreement. Contractor shall provide Splunk Software Licenses & Support in accordance with its agreement DIR-TSO-4288 (the “Co-operative Agreement”), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co-operative Agreement, this Agreement shall govern to the extent allowed by the Co- operative Agreement. 2. Scope. Contractor shall provide Splunk Software Licenses & Support in accordance with the attached Statement of Work & Pricing, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 3. Term. The initial term of this Agreement is one year beginning July 1, 2024, and ending June 30, 2025. The parties may mutually agree to auto-renew this Cooperative Agreement for continuing one-year periods (each, an “Option Period”), provided: (i) the underlying Cooperative Agreement either continues in full force and effect or, alternately, has been replaced by a successor DIR- approved co-op agreement with Contractor providing the same software and such replacement co-op agreement is valid on the beginning date of each Option Period; (ii) the same software product and services continue in active use by the City and have not been replaced by a different product and services; (iii) the pricing for each Option Period conforms to the language in section 4 below; and (iv) sufficient current funding has been appropriated by the City to provide for the continuation of this Agreement. Furthermore, following the conclusion of any one-year Option Period, the parties may agree to auto-renew this Agreement so long as the conditions required above in subparts (i) – (iv) are met and neither party has termination this Agreement. 4. Compensation and Payment. This Agreement is for $69,039.41, subject to execution of one or more written amendments executed by the parties. All pricing for the initial term must be in accordance with Attachment A. The pricing for each Option Period must conform to (i) the amount shown in Attachment A, (ii) the amount stated in an eligible renewal of DIR-TSO-4288, or (iii) the amount stated in a successor DIR-approved co-op agreement, whichever amount of subparts (i), (ii), or (iii) is lowest. Pricing for every continuing one-year auto-renewal Co-operative Purchase Agreement – Carahsoft/SHI (Splunk) Page 1 of 3 of this Agreement must also be in accordance with the pricing condition stated in the foregoing sentence. Invoices must be mailed to the following address: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 5.Budgetary Appropriation. The continuation of this Agreement (and every optional renewal, if any) after the close of any fiscal year of the City, which fiscal year ends th on September 30 annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 6.Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Information Technology Dept. Attn: Roel Moreno, IT Security Manager 1201 Leopard St., Corpus Christi, TX 78401 (361)826-3719 Fax: n/a IF TO CONTRACTOR: Carahsoft Technology Corporation Attn: 1860 Michael Faraday Dr., Suite 100 Reston, VA 20190 WITH A COPY TO RESELLER: SHI Government Solutions Attn: Richard Lettiere, Inside Account Mgr. 3828 Pecana Trail, Austin, TX 78749 Phone: (800) 870-6079 Fax: (512) 732-0232 7.Entire Agreement. This Agreement, along with the Co-operative Agreement, constitutes the entire agreement between the parties concerning the subject Co-operative Purchase Agreement – Carahsoft/SHI (Splunk) Page 2 of 3 matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ___________________________________________ Josh Chronley Date Assistant Director of Finance – Procurement Approved as to form: ___________________________________________ Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work & Pricing Incorporated by Reference Only: Co-operative Agreement: DIR-TSO-4288 Co-operative Purchase Agreement – Carahsoft/SHI (Splunk) Page 3 of 3