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VENDOR CONTRACT Between Gabbart Communications and (Vendor or Company Name) THE INTERLOCAL PURCHASING SYSTEM (TIPS/TAPS) For Web Hosting, Web Services and Content Management #02092613 General Information The contract shall include the contract, the terms and conditions, special terms and conditions, any agreed upon amendments, as well as all of the sections of the solicitation and the awarded vendor's proposal. Once signed, if the awarded vendor's proposal varies or is unclear in any way from the TIPS/TAPS contract, TIPS/TAPS, at its sole discretion, will decide which provision will prevail. Other documents to be included are the awarded vendor's proposals, task orders, purchase orders and any adjustments which have been issued. The following pages will constitute the contract between the successful vcndors(s) and TIPSATAPS. Bidders shall state, in a separate writing, and include with their proposal response, any required exceptions or deviations from these terms, conditions, and specifications. If agreed to by TIPS/TAPS, they will be incorporated into the final contract. NOTE: The award of this contract to vendor is made following all requirements to meet the Competitively Bid Procurement Laws. The Vendor Contract ("Contract") made and entered into by and between The Interlocal Purchasing System (hereinafter referred to as "TIPS/TAPS" respectfully) a government cooperative purchasing program authorized by the Region VIII Education Service Center, having its principal place of residence at 4845 North US Hwy 271, Pittsburg, Texas 75686. This contract consists of the provisions set forth below, including provisions of all Attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any Attachment, the provisions set forth shall control. Terms and Conditions ^^•^^•^^^^^^^^•MMMMMMV*^ Freight All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing. Warranty Conditions All supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be an authorized dealer, distributor or manufacturer for all products. All equipment proposed shall be new unless clearly stated in writing. (Or for commodity category appropriate for refurbished equipment, products may be "refurbished" but must be clearly represented as refurbished.) Vendor Support The Vendor shall provide timely and accurate customer support to TIPS/TAPS members. Vendors shall respond to such requests within one (1) working day after receipt of the request. Vendor shall provide training regarding products and services supplied by the Vendor unless otherwise clearly stated in writing at the time of purchase. (Unless training is a line item sold or packaged and must be purchased with product.) RFP/CONTRACT #02092613 Web Hosting, Web Services & Content Management - Due 8/15/2013 at 3:00 p.m. The Interlocal Purchasing System (TIPS/TAPS) Page 10 of33
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  • VENDOR CONTRACTBetween Gabbart Communications and

    (Vendor or Company Name)

    THE INTERLOCAL PURCHASING SYSTEM (TIPS/TAPS)For

    Web Hosting, Web Services and Content Management#02092613

    General InformationThe contract shall include the contract, the terms and conditions, special terms and conditions, any agreed uponamendments, as well as all of the sections of the solicitation and the awarded vendor's proposal. Once signed, if theawarded vendor's proposal varies or is unclear in any way from the TIPS/TAPS contract, TIPS/TAPS, at its solediscretion, will decide which provision will prevail. Other documents to be included are the awarded vendor's proposals,task orders, purchase orders and any adjustments which have been issued.

    The following pages will constitute the contract between the successful vcndors(s) and TIPSATAPS. Bidders shall state, in aseparate writing, and include with their proposal response, any required exceptions or deviations from these terms, conditions,and specifications. If agreed to by TIPS/TAPS, they will be incorporated into the final contract. NOTE: The award of thiscontract to vendor is made following all requirements to meet the Competitively Bid Procurement Laws.

    The Vendor Contract ("Contract") made and entered into by and between The Interlocal Purchasing System (hereinafterreferred to as "TIPS/TAPS" respectfully) a government cooperative purchasing program authorized by the Region VI I IEducation Service Center, having its principal place of residence at 4845 North US Hwy 271, Pittsburg, Texas 75686.This contract consists of the provisions set forth below, including provisions of all Attachments referenced herein. In theevent of a conflict between the provisions set forth below and those contained in any Attachment, the provisions set forthshall control.

    Terms and Conditions^^•^^•^^^^^^^^•MMMMMMV*^

    FreightAll deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwiseclearly stated in writing.

    Warranty Conditions

    All supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreedto in writing. Vendor shall be an authorized dealer, distributor or manufacturer for all products. All equipmentproposed shall be new unless clearly stated in writing. (Or for commodity category appropriate for refurbishedequipment, products may be "refurbished" but must be clearly represented as refurbished.)

    Vendor SupportThe Vendor shall provide timely and accurate customer support to TIPS/TAPS members. Vendors shall respond tosuch requests within one (1) working day after receipt of the request. Vendor shall provide training regarding productsand services supplied by the Vendor unless otherwise clearly stated in writing at the time of purchase. (Unlesstraining is a line item sold or packaged and must be purchased with product.)

    RFP/CONTRACT #02092613 Web Hosting, Web Services & Content Management - Due 8/15/2013 at 3:00 p.m.The Interlocal Purchasing System (TIPS/TAPS)Page 10 of33

  • 2912 Enterprise Blvd.Sir.tr Bl>urant.OK 74701Office: (877) 810-6894Fax: (866)870-7198

    Terms & ConditionsThis agreement {"Terms and Conditions"), in addition lo Bid #WH-TX-16-PARISIND-2573 belween GabbartCommunications ("Provider") and School, represents (he complete understanding and agrccmcnl betweenGabbart Communications and School. This Terms and Conditions agreement supersedes any other writtenagreement inc lud ing , without l imitation, digitized, computeri/ed, oral agreement, and/or agreement byconduct, except when expressly agreed to the contrary in wr i t ing by Gabbart Communications.

    In accordance with the Terms and Conditions. Gahbart Communications w i l l provide services to the Schoolin exchange for fees and l u l l compliance with the following Terms and Conditions:

    1. Provision of Gabbart Communications Web Hosting Services

    A) License.

    Gabbarl Communications grants to School a limited, nonexclusive and nonlransferable license to the GabbartCommunications Web Hosting Service, collectively "WebTools". Exclusive proprietary title to all rights,patents, trademarks, copyrights, source code, graphic design, and images created by GabbartCommunications and trade secrets in the WebTools shall remain wi th Gabbart Communications and no titlelo or ownership interest in the WebTools shall be transferred to School.

    B) Installation, Training, Technical, and Support Services

    Gabbart Communications shall provide installation and Technical Services associated with the installation,management, and administrat ion of WebTools. Training for district and campus website administrators isincluded. Training for teachers and support personnel is included. Graphic Design services are included.Support is provided to all website users via telephone and remote access on Monday - Saturday from 8am -9pm, Kmai l support, FAQ, and Video Training is available 24/7. Technical assistance needed for Registrarand DNS help is also provided at no addi t ional charge.

    C) Payment Method and Charges.

    Gabbart Communications uses the SPI method of payment to reduce School's paperwork and out-of-pocketcosts. This is an annua l contract. School shal l receive one annual invoice after July 1st for the calculated out-of-pocket costs based upon the Schools estimated discount amount. USAC wil l be invoiced for KW/r of thei rshare, once Form 486 hus been filed. Unless there is a change in the discounted amount or if e-rale fundingis not received. School will not incur any additional charges for WebTools. Gabbarl Communicationsreserves the right to amend the fees and/or charges A n n u a l l y ,

    D) Voluntary Renewal.

    School may reserve the right lo voluntarily renew this contract for up lo (5) consecutive one-year terms uponwritten notice. If School chooses to renew, do not file a 470 request for Web Hosting. Simply file a Form 471for Web Hosting and reference the original Form 470 Application Number and pricing. This can be done forup to 5 consecutive years and prevents having to bid, score bids, and select each year. Annua l rates mayvary year to year based upon student count.

    E) Domain Name Submissions and Registration.

    It is the schools responsibility to maintain ownership and renewal of their Domain Name. GabbartCommunications will assist in the services related to the registration of a domain name if needed.

  • 2912 Enterprise BlvdSuite Bl>urant,OK 74701Office: (877) 810-6894Fax: (866)870-7198

    Provider is limited lo (he submission of the registration request lo the appropriate registrar. Please note thaieach ind iv idua l domain name constitutes a single submission. It is the School's sole responsibility to provideaccurate domain name spell ing and contact information.

    F) Registry/Registrars1 Terms & Conditions.

    Upon the School's registration ol' a domain name with any registry, the School will also be subject to theterms and conditions of the domain name dispute policy.

    G) Management & Backup of Data.

    The School is solely responsible for the management and backup ol all Ihe School data . GabbailCommunications manages disaster recovery backups of all data including database, photos, videos, andaudio files for a period of up to 90 days.

    H) Maintenance Windows.

    Gabbart Communications reserves the right lo conduct scheduled maintenance. Schools will be notified inadvance of Scheduled Maintenance, which will be conducted outside normal school hours to minimi/eimpact of outage. Gabhart Communicat ions also reserves the right lo conduct an emergency maintenance atany time. During an emergency maintenance window, any or all WebTools may be unavailable.

    I) License to Occupy Only.

    The School acknowledges and agrees that any provision of WebToois by Gabbart Communications lo theSchool grants Ihe School only a license to occupy the space on a web server, and that the School has no realproperty interest in the space, software, web server and equipment. Payment by the School for web hostingdoes not create or vesl in the School (or in any other party) any leasehold estate, easement, ownershipinterest, or other proprietary right or interest of any nature in any part of Gabbart Communications premisesor facilities including, without l imitation, the space, software, web server and equipment.

    2. Obligations of School.

    In addition to the covenants provided by School within this Agreemenl, School specifically agrees to Ihefollowing:

    A) WebTools Implementation.

    School shall designate a primary contact person and implementation team to work directly with GabbarTsAccount Representative in the implementation of WebTools and t ra in ing personnel.

    B) Promoting School Site.

    Permit Gabbart Communications or its designees and assigns to u t i l ize School website in salesdemonstrations, marketing materials, and conferences to highlight how School is using WebTools lo existingand/or potential Schools.

    C) Logos & Branding.

    Permit Gabbart Communications or its designees and assigns to place a logo at the bottom of the site, with al ink lo Iheir website.

  • 2912 Enterprise BlvdSuite BI-hiram.OK 74701Office: (877) 810-6894Fax: (866)870-7198

    3. Copyright and Trademarks

    A) Submitted Artwork.

    The client uncondit ional ly guarantees that any elements of text, graphics, photos, designs, trademarks, orother artwork furnished to Gubban Communications for inclusion in a web design project are owned by theclient, or thai the c l ient has permission from the r ight fu l owner to use each of these elements, and wi l l holdharmless, protect and defend Gabbart Communications from any claim or suit arising from the use of suchelements furnished by the client.

    B) Public Domain Materials Defined.

    "Public Domain Materials" means materials ( including, without l imitation, information, artwork, images,pictures, text, video, audio, and programs) that are nol subject to copyright, trademark, service mark, or anyother intellectual property right restrictions or prohibitions, Kxcept when prohibited by law. Public DomainMaterials may be downloaded or uploaded using Gabbart Communications WehToois. The School assumesall risks regarding the determination of whether or not any material is Public Domain Material.

    C) Use of Copyrighted Materials.

    As provided by United States federal law and international treaties, copyrighted materials may not beuploaded using Gabbart Communications Services without the express written permission of the copyrightholder. Copyrighted materials may be downloaded using Gabbarl Communications Services FORPERSONAL. NON-COMMERCIAL, and NON-PROFIT USE ONLY. Except as expressly permitted by law.copyrighted materials may not he distributed to others. The School may not change copyrighted materialsand notices, inc lud ing , without limitation, any author at tr ibution notice.

    D) Trademark & Copyright:

    All Gabbart Communications trademarks and logos contained in any and all materials and information arethe property of Gabbart Communications. Use of such trademarks, logos, or copyrighted materials arestrictly prohibited without the prior permission for use from the r ightful owners.

    4. Use of Gabbart Communications WebTools

    A) Gahbart Communications Right of Refusal & Termination.

    Gabbart Communications may, at its sole discretion, refuse Gabbart Communications WebTools to anySchool, whether new or existing, and/or terminate the supply of Gabbarl Communications Services to theSchool, w i thou t any prior notice, if Gabbart Communications deems the School (o be in violation of theTerms and Conditions, notwi ths tanding that the School may be in breach of any other agreement bycomplying with the Terms and Conditions.

    B) School's Lawful Use.

    The School agrees to use the Gabbart Communicat ions WebTools as permitted by applicable laws, inc luding,without l imitation, local, state, and federal laws. The School agrees that the School may NOT use GabbartCommunications WebTools to conduct or solicit any business or activity thai is prohibited by law. libelous.or against any Gabbart Communications policy.

  • 2912 Enterprise Blvd.Suite BDurum, OK 74701Office: (877) 810-6894Fw: (866)870-7198

    5. Electronic Commerce Laws

    The School agrees that the School is solely responsible tor complying with such laws, laxes and tariffs, andwi l l hold harmless, protect, and defend Gabbart Communications from any claim, suit, penally, tax or tariffarising from the client's exercise of Internet electronic commerce.

    6. Legal Notice

    Gabbart Communications does not warrant that the functions contained in WebTools will be uninterrupted orerror-free. The entire risk as to the qua l i ty and performance of the web design tools is with the client. GabbartCommunications expressly disclaims any responsibility for the content developed by School or its agents asallowed by the edit features available in and utili/cd through WebTools. Kurther. no representations orwarranties are made concerning the accuracy, completeness, timeliness, or reliability of any informationcontained in any site linked through WebTools.

    In no event will Gabbart Communications be liable to the client or any third party for any damages,inc lud ing , but noi l imited to service interruptions caused by Acts of God or any other circumstances beyondour control, any lost profits, lost savings or other incidental , consequential or special damages arising out ofthe operation of or inabil i ty to operate this web design project, failure of any service provider, of anytelecommunications carrier, of the Internet backbone, of any Internet servers, or School's internal network,even if Gabbart Communications has been advised of the possibility of such damages.

    In no event shall Gabbart Communications, its officers, affiliates, agents, licensors, employees, or internetservice providers be liable to School or any third party for any direct, indirect, incidental , special, orconsequential damages whatsoever including, but not limited to, lost revenue, lot or damaged data, or othercommercial or economical loss, whether based in contract, tort, or any other theory of l iabil i ty.

    8. Complete Agreement

    The Terms and Conditions, in addition to any other specific agreement (if any) between GabhartCommunications and the School, constitutes (he complete understanding and agreement between Ihe Schooland Gabbart Communications. Except when expressly agreed to the contrary in writing by GabbarlCommunications, the Terms and Conditions supersedes any other written ( inc lud ing , wi thout l imitation,digitized/computerized) agreement, oral agreement, and/or agreement by conduct.

    wwweabbart.com sunporttagabban.com

  • The specific scope of work for each job shall be determined in advance and in writing between TIPS/TAPSMember and Awarded vendor. It is okay if the member provides a general scope, but the awarded vendor shouldprovide a written scope of work to the member as part of the proposal. Once the scope of the job is agreed to, themember will issue a PO with the estimate referenced as an attachment along with bond and any other specialprovisions agreed to for the member. If special terms and conditions other than those covered within thissolicitation and awarded contracts are required, they will be attached to the PO and shall take precedence overthose in the base contract.

    Project Delivery Order ProceduresThe member having approved and signed an inter-local agreement may make a request of the awarded vendorunder this contract when the member has services that need to be undertaken. Notification may occur via phone,the web, email, fax, or in person.

    Upon notification of a pending request, the awarded vendor shall make contact with the member as soon aspossible, but must make contact with the member within two working days.

    Scheduling of ProjectsScheduling of projects (if applicable) will be accomplished when the member issues a purchase order that willserve as "the notice to proceed". The period for the delivery order will include the mobilization, materialspurchase, installation and delivery, design, weather, and site cleanup and inspection. No additional claims may bemade for delays as a result of these items. When the tasks have been completed the awarded vendor shall notifythe client and have the member inspect the work for acceptance under the scope and terms in the PO. The memberwill issue in writing any corrective actions that are required. Upon completion of these items, the member willissue a completion notice and final payment will be issued.

    Support RequirementsIf there is a dispute between the awarded vendor and member, TIPS/TAPS or its representatives will assist inconflict resolution or third party (mandatory mediation), if requested by either party.

    TIPS/TAPS, or its representatives, reserves the right to inspect any project and audit the awarded vendorsTIPS/TAPS project files, documentation and correspondence.

    Any Other Special Terms and Conditions (Not Listed Above) To Be Considered by TIPS/TAPS:

    Vendor Profile1.1.Minority/Women Business Enterprise (Required by some participating governmental entities)

    Vendor certifies that company is a HUB M/WBE |~~1 YesX No(Ifyes, vendor must provide certificate in Vendor Profile Section of proposal)

    1.2. Certification of Residency (Required by the State of Texas)

    Company submitting bid is a resident bidder. Q Yes X No

    Vendor's principal place of business is in the city of _Durant State of Oklahoma

    RFP/CONTRACT #02092613 Web Hosting, Web Services & Content Management - Due 8/15/2013 at 3:00 p.m.The Interlocal Purchasing System (TIPS/TAPS)Page 16 of33

  • 1.3. Felony Conviction Notice (Required by the State of Texas)

    My firm is, as outlined in the Instructions to Bidders:| | A publicly held corporation; therefore, this reporting requirement is not applicable.

    X Is not owned or operated by anyone who has been convicted of a felony.O Is owned or operated by the following individual(s) who has/have been convicted of a felony:If the 3rd box is checked, a detailed explanation of the names and convictions must be attached on separate sheet.

    1.4. Pricing Information1.4.1. In addition to the typical unit pricing furnished herein, the Vendor agrees to furnish all current and future products

    at prices that are proportionate to Dealer Pricing. X Yes CH NoIf answer is no, attach a statement detailing how pricing for TIPS/TAPS participants would be calculated.

    1.4.2. Pricing submitted includes the 2% TIPS/TAPS participation fee. X Yes D No

    1.4.3. Vendor agrees to remit to TIPS/TAPS the required 2% participation fee. X Yes Q No

    1.4.4. Additional discounts to TIPS/TAPS members for bulk quantities? X Yes D No

    Prices are guaranteed for: (Standard Time is "Term of Contract") Term selected will affect scoring.

    n Month(s); or n Year(s); or X Term of Contract

    Vendor contact responsible for collecting sales information and paying the 2% due to TIPS/TAPS.

    Contact person: Teddy GabbartEmail: teddy@gabbart.comTelephone: 877-810-6894

    1.5. Vendor Service1.5.1. Average shipping time after receipt of customer order is 10 working days.1.5.2. Which description best describes your company's position in the distribution channel?

    I | Manufacturer direct O Certified education/government reseller

    j | Authorized distributor Q Manufacturer marketing thru reseller

    I | Value-added reseller X Other Software As A Service Web Hosting

    1.5.3. Company experience in this commodity/category. 8 Years

    The Vendor can provide services and/or products to all 50 US States? X Yes ! I NoIf answer is no, please list which states can be served

    Company and/or Product Description: (This information will appear on the TIPS/TAPS website for your company,if awarded a TIPS/TAPS contract.) Limit 2500 characters,

    Company Profile

    Gabbart Communications provides website hosting specifically designed for K-12 school districts, campuses, and teachers.We provide solutions to the challenges schools face with communication, public relations, accountability, organization, andparental involvement. With Gabbart Communications, schools have a website that has powerful features, yet is simple to useand surprisingly affordable. We are a full-service technology company providing quality service and experienced technicalsupport and training to our school districts.

    RFP/CONTRACT #02092613 Web Hosting, Web Services & Content Management - Due 8/15/2013 at 3:00 p.m.The Interlocal Purchasing System (TIPSATAPS)Page 17 of 3 3

  • Hosting Services:

    • Serving School Districts since 2003.• Website hosting for school districts, campuses, and teachers.• Partnered with Amazon Web Services (AWS) providing "Best In Class" services to your school:

    •/ Co-Location with Tier 1 Internet Providers in the United StatesS Hosted and protected in the same NOC's as Netflix, Dropbox, Instagram, and Pintrest./ Multi-powered (Electric, Battery, Generator, ISP) with Load Balanced RedundancyS Load Balanced Servers & CloudFront delivery to provide Fast Uploads and DownloadsS Unthrottled Bandwidth for all Users

    • Unlimited Storage for Video, Audio, Documents, Images, and Text Content• Unlimited Pages for District. Campus, and Teacher Websites• Every Teacher has their own robust website• Google Analytics and Statistical Site Usage Reports and User Logs• Hourly Off-Site Backups

    Time of Completion:

    Upon Gabbart Communications receiving all needed information from the school and/or school district representative, wewill have web site available for the District and Schools within two weeks from date of receipt. Training will be scheduledbased upon availability of school staff and our trainers.

    Maintenance and Support:

    All User Support is included at no additional cost to the school district. Gabbart Communications provides telephone supportMonday - Saturday from 8:OOAM - 9:OOPM CST. E-Mail support is provided 24x7x365. All support requests are handledexclusively by Gabbart Communications trainers who know the product. Support is provided via online FAQ, TrainingVideos, web-based support request, E-Mail, Toll-Free, or direct to the Trainers Cell Phone, which is listed on our website.

    Registration with USAC School and Libraries Division:

    Gabbart Communications is registered with the SLD. Our SPIN is 14302775.

    If applicable, vendor should list Reseller/Dealers here or provide listing as attachment to proposal.

    Dealer Name __^____ _^^___ .Tel

    Address Fax

    Primary Contact Email

    Dealer Name Tel

    Address ̂ ___. Fax

    Primary Contact Email

    Dealer Name Tel

    RFP/CONTRACT #02092613 Web Hosting, Web Services & Content Management - Due 8/15/2013 at 3:00 p.m.The Interlocal Purchasing System (TIPS/TAPS)Page 18 of 33

  • Address Fax

    Primary Contact _

    Dealer Name

    Email

    Tel

    Address Fax

    Primary Contact Email

    Each Awarded Vendor will have 2 contacts listed on the Vendor Profile page of the TIPS/TAPS website. These2 contacts will answer all sales and general information calls from TIPS/TAPS members and direct them to theappropriate sales person. If vendor is awarded, these 2 contacts must be completely knowledgeable about theTIPS/TAPS contract. Online training by the TIPS/TAPS administration may be required of the 2 contacts listedbelow. Main Contact and Secondary Contact will remain the same if multiple categories are awarded to thesame vendor.

    Primary Contact:

    Name: _ Teddy Gabbart

    Title: President

    Secondary Contact:

    Name: Josie Zaber

    Title: _ Billing Specialist

    Email: _ teddv@gabbart.com Email: iosie@gabbart.com

    Phone: _(877) 810-6894 Ext. 301

    Fax: (866)870-7198

    Phone: (877) 810-6894 Ext. 305

    Fax: (866)870-7198

    Mobile: (580)916-2490 Mobile: (580)564-6277

    MailingAddress: 2912 Enterprise Blvd Suite B

    City: Durant

    State/Zip: _OK. 74701

    MailingAddress: _2912 Enterprise Bivd Suite B

    Durant

    State/Zip: OK. 74701

    WORDS FOR "SEARCH ENGINE" - Please list words to be posted on your company's page on the TIPS website (ifyou receive an award from this proposal). Words may be product names, manufacturers, or other words that areassociated with the commodity award that you are submitting a proposal for. Words to be included in the Search Enginefor my Company are (Limit 500 words);school website, school web hosting,school, website, erate, e-rate, web hosting, web, hosting, Oklahoma, Texas,Kansas, Arkansas, Missouri, New Mexico, easy, simple, online forms, lesson plans, business, sites, eCommerce,cms, content management system, web 2.0, web2, teacher, teacher websites, OK, TX, KS, AR, NM, MO, gabbart,gabbert, gabbard, gabart, gaddart, Teddy Gabbart, Brian Allen, Will Raines, Frankie Hill, Chris Gatlin, ChrisYee

    RFP/CONTRACT #02092613 Web Hosting, Web Services & Content Management - Due 8/15/2013 at 3:00 p.m.The Interlocal Purchasing System (TIPS/TAPS)Page 19 of33

  • SIGNATURE FORM

    The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms,I specifications and conditions at the prices quoted unless noted in writing. The undersigned further certifies that he or sheis an authorized agent of the company and has authority to negotiate and contract for the company named below.

    Company name Gabbart Communications

    Mailing Address 2912 Enterprise Blvd Ste B

    City/State/Zip Durant, OK 74701

    Telephone No. 877-810-6894

    Fax No. 866-870-7198

    E-mail address teddy@gabbart.com

    Authorized signature

    Printed name Teddy Gabbart

    Position with company President

    Web site vvww.gabbart.com

    Unless otherwise stated, all contracts are for a period of 12 months with an option to renew annually (on the anniversary date ofthe award) for an additional consecutive two years if agreed to by TIPS/TAPS and the awarded Vendor. Consideration of renewalwill be based on vendor sales, contract promotion, member satisfaction and timely payment of 2%. If Vendor fails to report anysales for a consecutive 12 month period, TIPS/TAPS has the right to terminate the awarded contract at the next renewal date.Vendors will continue to pay the Two Percent (2%) participation fee for any sales made prior to the termination of a contracteven if paid by the member after the date of termination.

    Contract Awarded by The Interlocal Purchasing System:

    TIPS/TAPS Authorized Signature Date

    Approved byflRegion VIII ESC Date

    Full Term of Contract September 26, 2013 through September 26, 2016(If both renewals are granted in the two consecutive years following award.)

    RFP/CONTRACT #02092613 Web Hosting, Web Services & Content Management - Due 8/15/2013 at 3:00 p.m.The Interlocal Purchasing System (TIPS/TAPS)Page 20 of 3 3

  • 2912 Enterprise Blvd.Suite BDurant, OK 74701Office: (877) 810-6894Fax: (866)870-7198

    I . Elkins School DistrictContact: Megan WitonskiPreviously In House

    ARKANSAS WEBSITE CLIENT REFERENCES

    (479)643-2172

    2. Bergman School DistrictContact: Joe Couch

    Previously used Hdline

    3. Green Forest School DistrictContact: Chandra AndersonPreviously In House

    4. Valley Springs School DistrictContact: Mike WhitescarverPreviously In House

    5. Midland School DistrictContact: Jess SegcrPreviously used Edline

    6. Mansfield School DistrictContact: Robert RossPreviously used Edline

    (870)741-5213

    (870)438-5201

    (870) 429-9200

    (501)345-8844

    (479) 928-4006

    7. Mineral Springs Saratoga School DistrictContact: Bron BellPreviously In House

    8. Fordyce School DistrictContact: John RayPreviously In House

    9. Deer / Mt. Judea School DistrictContact: Melissa KingPreviously In House

    10. Mena School DistrictContact: Benny WestonPreviously In House

    (870) 287-4748

    (870) 352-3005

    (870)428-5433

    (479)394-1710

    www.elkinsdistrict.oru

    witonskifaielkinsdistrict.oni

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    www.gf.kl2.ar.uscandcrsonfotef.k 12.ar.us

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    www.midland.kl2.ar.usisegertalmidlandschools.org

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    www.fordyceschools.oruiravMlbrdvceschools.oru

    www.dccrmtjudca.kl2.ar.usmcking.(6f'dccr.kl 2.ar.us

    www.incnaschools.orgbenny. weston(tximcnaschools.orH

    www.gabbart.coni

  • 2912 Enterprise Blvd.Suite BDurant, OK 74701Office: (877) 810-6894Fax: (866)870-7198

    TEXAS WEBSITE CLIENT REFERENCES

    1. Paris ISO, TexasContact: Tammy HarrelPreviously used Power-IT

    2. Buna ISOContact: Connie Richardson

    Previously used Sharp School

    3. Prairiland ISO

    Contact: Mendy ColePreviously used Power IT

    4. Big Sandy ISO

    Contact: Moriah PhillipsPreviously In House

    5. Monahans-Wickett-Poyte ISO

    Contact: Laure OwensPreviously In House

    6. NeedvillelSD

    Contact: Carol DyllaPreviously used EzTask

    7. Bells ISOContact: Sharon MeltonPreviously In House

    8. Plemons-Stinnett-Phillips ISOContact: Bill WigginsPreviously In House

    9. Buffalo ISOContact: Kyle GleghornPreviously Used Power IT

    10. DawsonlSDContact: Krista ScottPreviously In House

    (903) 737-7473

    (409) 994-4826

    (903) 652-6476

    (903) 636-5287 cxt. 240

    (432)943-671

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  • 2912 Enterprise Blvd.Suite BDurant.OK 74701Office: (877) 810-6894Fax: (866)870-7198

    OKLAHOMA WEBSITE CLIENT REFERENCES

    www.blackwell.k 12.ok.us1. Blackwell Public SchoolsContact: Eric WebbPreviously In House

    2. Clinton Public SchoolsContact: Kevin HimePreviously In House

    3. Okmulgee Public SchoolsContact: Ed King

    (580)363-2570

    (580)323-1800

    (918)758-2075Previously used School Center/Edlinc

    4. Catoosa Public SchoolsContact: Jason Johnson (918) 266-8600Previously used School Center/Edline

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    9. Waurika Public SchoolsContact: Roxic TerryPreviously In House

    (580)226-0633x232

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    (918)733-9072

    (405)275-3473

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    10. Amber- Pocasset Schools, OklahomaContact: Chad Hancc (405)224-5768Previously In House

    ewebb(tf]blackwell.kl2.ok.us

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    We Currently Provide Websites to 1/3 of all Oklahoma School Districts

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  • Bid #: WH-TX-16-PARISIND-2573

    Gabbart Communications2912 Enterprise Blvd. Suite B

    Durant. OK 74701

    (877)810-6894

    E-Rate Program Year 2013-14(Year 16)

    Customer Name PARIS INDEP SCHOOL DISTRICT

    Address: PO Box 333

    City. State, Zip PARIS, TX 75460

    Phone 4058302200

    Attention: Dale Loughmiller / Machelle McKay

    Date: 02/07/2013

    Proposal/Contract Contigent upon E-rate Funding & School Board Aproval

    Qty

    1

    Make

    WebHosting

    Part

    WH3999

    Item Description

    Gabbart Communications currently provides over 200 Arkansas,Kansas. Oklahoma and Texas School Districts with websites.Our proposal includes individual websites for the District andevery Campus. Every teacher is also provided a micro site withover 20 different page types and unlimited storage. Ourcustomi/cd K1 2 content management solution is the easiest touse for teachers and school administrators

    Our web hosting service includes state-of-thc art servers, with a1 ,000 MB fiber trunk to Internet for bandwidth and reliabilityWebsite Design Suite (WebTools) to assist in creating webpages, calendars, slide shows, and announcements. 7% of totalcost is ineligible for E-Rate and includes Maintenance. Training.and Support. Pricing is based on enrollment of 3250 to 3999Students.

    Applicant reserves the right to voluntarily renew any contract forup to (5) consecutive one-year terms upon written notice

    'School discount percentage is based on the current School Yeardiscount percentage. Any changes in the discount will require anad|ustmcnt to lolal out of pocket expense

    "Total out of pocket is an approximation and amount might varyslightly dependent on corrected School discount percentage.

    For more information about our services, please go towww.gabbart.com

    Price

    $7.700.00

    EligiblePercent

    93%

    E-RateDiscounted

    Amount

    $7,161.00

    Total Price Without E-Rate

    Total E-Ra\ Eligible Amount

    Total Out of Pocket"

    SchoolDiscountPercent*

    84%

    $7.700.00

    $7.161 00

    $1.684.76

    Proposed By: Accepted By:

    10/31/2012

    William Raines Name Date

    Title

  • 2912 Enterprise Blvd.Suite BlXrant.OfC 74701Office: (877) 810-6894Fax: (866)870-7198

    Web Hosting License and Service Agreement

    School Name:

    Address:

    City, Slate, /.ip:

    Main Phone:

    Aulhori/ed Person:

    Direct Phone:

    PARIS INDEP SCHOOL DISTRICT

    PO Box 333

    PARIS, TX 75460

    (405 1830-2200

    Dale Loughmiller

    (903)737-7473

    Contract Dates:

    BEN;

    470 App#:

    Bid #:

    Aulhori/ed Tille:

    Email:

    Ju ly 1.2013-June3(). 2014

    1 40607

    943810001044668

    WH TX-I6-PAR1SIND 2573

    Director of Technology

    dloughmiller@parisisd.net

    Form 471 Reference Information

    Total # of Students:

    Block5:23-FAnnual Non-

    Recurring Charges:

    Block 5: 23-HPre-Discount

    Charges:

    3945

    S7.700.00

    $7,161.00

    Block 5: 23-JEsl. E-RatcDiscount:

    Block 5: 23-GInel igible Costs:

    KM. Out-Of-rocket: '

    84%

    S539.00

    S I . 684.76

    This Web Hosting contract is made and entered into on November 27, 2012 by and between Gabbart

    Enterprises, LLC dba Gabbart Communications, a corporation located in Duranl. Oklahoma ("Provider")

    and PARIS INDEP SCHOOL DISTRICT ("School").

    SERVICES

    Provider agrees to provide to the School the license and services as specified in Bid #WH-TX-16-

    PARISIND-2573.

    RECITALS

    Pursuant to the Schools and Libraries Universal Services Support Mechanism (E-Ratc) contained in the

    Universal Service Provisions of the Telecommunications Act of 1996 [47 U.S.C. § 254.

    Telecommunications Act of 1996, Pub. L. No. 104-104. 110 Stat. 56 (1996) ("1996 Act")], School

    advertised for certain telecommunications, Internet, and internal connections services. Provider submitted hid

    to provide same. In accordance with the requirements of the regulations implementing the Act, School

    considered the bid and determined that it should he accepted. The panics arc now ready to enter into acontract for the furnishing of such services and/or products and they set their agreement in writing as

    follows:

    www abban co m Mipportfa- .com