HomeMy WebLinkAboutR2025-109 20250728RESOLUTION NO. R2025-109
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
3-year contract (3-year initial term; two 1-year renewals) for Water and
Wastewater Operations Software services with Klir, Inc., in the estimated
annual amount of $80,200.00, for the period of July 29, 2025 through July 28,
2028.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the purchase of Water and Wastewater Operations Software Contract
from Klir, Inc., in the estimated annual amount of $80,200.00, is hereby approved.
Section 2. That the City Manager or his designee is hereby authorized to execute a
Water and Wastewater Operations Software Contract with Klir, Inc, a copy of which is attached
hereto as Exhibit “A”.
PASSED, APPROVED and ADOPTED this the 28th day of July, A.D., 2025.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Service Contract Standard Form. Approved as to Legal
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City of Pearland
3519 Liberty Drive
Pearland, TX 77581
SERVICE CONTRACT NO. RFP0125-08
Water Data Management Software
THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home-rule
municipal corporation (“City”) and Klir (“Contractor"), and consisting of the following parts:
I. Summary of Contract Terms
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor: Klir
1 E. Liberty Street, Suite 600
Reno, Nevada 89501
Description of Services: Contractor will provide Water and Wastewater Operations Data
Management Software, per the specifications of RFP #0125-08.
Contract Amount: Annual Estimated Amount of $80,200.00
Effective Date: July 29, 2025
End Date: July 28, 2028
Renewals: 2
Resolution No/Bid No: R2025-109 / RFP #0125-08
II. Signatures
CITY OF PEARLAND CONTRACTOR
Purchasing Officer Date
Title:
Date:
*Signed by: Date
Superintendent/Manager
Director
Deputy/Assistant City Manager
City Manager
*City Contract Signature Authority: Superintendent/Manager – up to $10,000
Director - $10,001 - $30,000
City Manager/Deputy/Assistant City Manager - $30,001 +
City Council Resolution over $50,000
Verified by pdfFiller
07/15/2025
Elaine Kelly
COO
07/15/2025
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II.a. Signatures - Contract Clause Addendum
State of Texas laws require that entities utilizing public funds incorporate the following contract clauses into
all agreements involving the distribution of such funds.
Please sign to acknowledge compliance with the conditions below.
Required Contract Clauses
A. Texas Government Code - Chapter 2271. Prohibition on Contracts with Companies that Boycott
Israel. By signing this Agreement, the CONTRACTOR/CONSULTANT certifies that, if it is a
company with at least 10 full-time employees and has a value of at least
$100,000 that is paid wholly or partly from public funds, that it:
a. does not boycott Israel; and
b. will not boycott Israel during the term of the contract.
B. Texas Government Code - Chapter 2274. Prohibition on Contracts with Companies that
Discriminate Against Firearm and Ammunition Industries. By signing this Agreement, the
CONTRACTOR/CONSULTANT certifies that, if it is a company with at least 10 full-time
employees and has a value of at least $100,000 that is paid wholly or partly from public funds,
that it:
a. does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and
b. will not discriminate during the term of the contract against a firearm entity or firearm trade
association.
C. Texas Government Code - Chapter 2276. Prohibition on Contracts with Companies Boycotting
Certain Energy Companies. By signing this Agreement, the CONTRACTOR/CONSULTANT
certifies that, if it is a company with at least 10 full-time employees and has a value of at least
$100,000 that is paid wholly or partly from public funds, that it:
a. does not boycott energy companies; and
b. will not boycott energy companies during the term of the contract.
III. Standard Contract Provisions
WHEREAS, Contractor has bid to provide Services (“Services”) in response to Request for
Bid/Proposal/RFP #0125-08 (“Solicitation”), which Solicitation includes the required scope of work
and all specifications and which Solicitation and the Contractor’s bid or proposal response, as
applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if
each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as
detailed in Attachment A, the content of which is incorporated by reference into this Contract
as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Contract is for three (3) years, with performance commencing upon the effective
date or the date of issuance of the notice to proceed issued by the Contract Administrator or
Name of Authorized Contractor Representative: Elaine Kelly
Signature: ______________________________________
Verified by pdfFiller
07/15/2025
07/15/2025Date: ________________
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the Purchasing Division, or upon the performance date listed in the notice to proceed,
whichever is later. The parties may mutually extend the Term of this Contract for up to two (2)
additional one-year periods (“Option Period(s)”), provided, the parties do so by written
amendment prior to the expiration of the original term or the then-current Option Period. The
City’s extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Contract is for an amount not to exceed $80,200.00,
subject to approved extensions and changes. Payment will be made for Services completed
and accepted by the City within thirty (30) days of acceptance, subject to receipt of an
acceptable invoice. Contractor shall invoice no more frequently than once per month. All
pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in
Attachment B, the content of which is incorporated, in its entirety, by reference into this
Contract. Any amount not expended during the initial term or any option period may, at the
City’s discretion, be allocated for use in the next option period.
Invoices will be emailed to the following email address with a copy provided to the Contract
Administrator:
City of Pearland
Attn: Accounts Payable
Email: accountspayable@pearlandtx.gov
4. Contract Administrator. The Contract Administrator designated by the City is responsible
for approval of all phases of performance and operations under this Contract, including
deductions for non-performance and authorizations for payment. The City’s Contract
Administrator for this Contract is as follows:
Name: City of Pearland – Purchasing Officer
For Department: Utilities – Pearland Water – Environmental Services
Phone: 281.652.1600
Email: purchasing@pearlandtx.gov
5. Insurance; Bonds.
(A) Before performance can begin under this Contract, the Contractor must deliver a
Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the
City’s Contract Administrator. Additionally, the COI must state that the City shall be
provided no less than thirty (30) days’ advance written notice of cancellation, material
change in coverage, or intent not to renew any of the policies. The City must be named
as an additional insured. The City Attorney must be given copies of all insurance
policies within ten (10) days of the City Manager or his designee’s written request.
Insurance requirements are as stated in Attachment C, the entirety of which is
incorporated by reference into this Contract.
(B) Contractor shall provide any required payment bond, performance bond, or both, prior
to commencement of performance under this Contract. The terms, conditions, and
amounts of the bonds and appropriate surety information shall be included in the
RFB/RFP or as may be added to Attachment C, and such content, the entirety of
which, shall be incorporated into this Contract.
6. Purchase Release Order. For multiple-release purchases of Services provided by the
Contractor over a period of time, the City will exercise its right to specify time, place and
quantity of Services to be delivered in the following manner: the authorized City department
or division shall send to Contractor a purchase release order signed by an authorized agent
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of the department or division. The purchase release order shall refer to this Contract, and
Services shall not be rendered until the Contractor receives the signed purchase release
order.
7. Inspection and Acceptance. City may inspect all Services and products supplied before
acceptance. Any Services or products that are provided but not accepted by the City must be
corrected or re-worked immediately at no charge to the City. If immediate correction or re-
working at no charge cannot be made by the Contractor, a replacement service may be
procured by the City on the open market and any costs incurred, including additional costs
over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of
receipt of City’s invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Contract are new, quality
items that are free from defects, fit for their intended purpose, and of good material and
workmanship. The Contractor warrants that it has clear title to the products and that
the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Contract shall be warranted by the
Contractor or, if indicated in Attachment D by the manufacturer, for the period stated
therein. Attachment D, the entirety of which, is attached to this is incorporated into this
Contract.
(C) Contractor warrants that all Services will be performed in accordance with the standard
of care used by similarly situated contractors performing similar services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule
are estimates only and do not obligate the City to order or accept more than the City’s actual
requirements nor do the estimates restrict the City from ordering less than its actual needs
during the term of the Contract including any Option Period. Substitutions and deviations from
the City’s product requirements or specifications are prohibited without the prior written
approval of the Contract Administrator.
10. Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the
City, which fiscal year ends on September 30th annually, is subject to appropriations and
budget approval specifically covering this Contract 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
Contract. 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.
11. Independent Contractor. Contractor shall perform all work required by this Contract as an
independent contractor and will furnish such Services in its own manner and method, and
under no circumstances or conditions will any agent, servant or employee of the Contractor
be considered an employee of the City.
12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts
or utilize the services of subcontractors unless the subcontractors were identified in the
bid/quote/proposal or approved by the Contract Administrator.
13. Amendments. This Contract may be amended or modified only in writing and executed by
authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this Contract
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waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be
provided proof of payment of these taxes within 15 days of such request.
16. Notice. Any notice required under this Contract must be given by hand delivery, or certified
mail, postage prepaid, and is deemed received on the day 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 Pearland
Attn: Laurie Rodriguez
Title: Environmental Services Superintendent
Address: 2016 Old Alvin Road, Pearland, TX 77581
Phone: 281.652.1813
IF TO CONTRACTOR:
Klir
Attn: Steffanie Miller
Title: Enterprise Account Executive
Address: 1 E. Liberty Street, Ste 600, Reno, Nevada 89501
Phone: 254.308.7838
17. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT
DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR
RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL
OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE
PERFORMANCE OF THIS CONTRACT, OR THAT PROVIDES FOR
CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS
CONTRACT, IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT
EXCEPT TO THE EXTENT SPECIFICALLY AGREED IN A MUTUALLY
NEGOTIATED LIMITATION OF LIABILITY CLAUSE CONTAINED IN THIS
CONTRACT (CLAUSE 22). EXCEPT WHERE AN ADDITIONAL CONTRACT
DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY
TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND
LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES,
LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR
OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE
WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT
OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY
FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN
THE OTHER PARTY TO THIS CONTRACT AS A THIRD-PARTY DEFENDANT
AS ALLOWED BY LAW.
18. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract. If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties. The parties will each pay one-half
of the mediator’s fees.
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19. Attorney’s Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract, neither party will seek or be
entitled to an award of attorney’s fees or other costs relating to the suit.
20. Termination.
(A) City Termination for Convenience. Under this paragraph, the City may terminate this
Contract during its term at any time for the City’s own convenience where the
Contractor is not in default by giving written notice to Contractor. If the City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination. The Contractor
requires at least 90 days’ notice prior to the next renewal period for termination for
convenience.
(B) Termination for Default. Either party to this Contract may terminate this Contract as
provided in this paragraph if the other party fails to comply with its terms. The party
alleging the default shall provide the other party notice of the default in writing citing
the terms of the Contract that have been breached and what action the defaulting party
must take to cure the default. If the party in default fails to cure the default as specified
in the notice, the party giving the notice of default may terminate this Contract by written
notice to the other party, specifying the date of termination. Termination of this Contract
pursuant this paragraph does not affect the right of either party to seek remedies for
breach of the Contract as allowed by law, including any damages or costs suffered by
either party.
21. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of
the owner’s manual and/or preventative maintenance guidelines or instructions if available for
any equipment purchased by the City pursuant to this Contract. Contractor must provide such
documentation upon delivery of such equipment and prior to receipt of the final payment by
the City.
22. Limitation of Liability. To the extent permitted by applicable law, neither party shall be liable
to the other for any incidental, consequential, special damages arising out of or relating to this
Contract. Each party’s total aggregate liability to the other for any and all claims arising out of
or relating to this Contract shall not exceed the limits of the insurance coverage required under
this Contract.
23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest
contained herein, is effective unless the City Manager first gives written consent to such
assignment. The performance of this Contract by the Contractor is of the essence of this
Contract, and the City Manager's right to withhold consent to such assignment is within the
sole discretion of the City Manager on any ground whatsoever.
24. Severability. Each provision of this Contract is considered to be severable and, if, for any
reason, any provision or part of this Contract is determined to be invalid and contrary to
applicable law, such invalidity shall not impair the operation of nor affect those portions of this
Contract that are valid, but this Contract shall be construed and enforced in all respects as if
the invalid or unenforceable provision or part had been omitted.
25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract,
its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference
to the documents in the following order of priority:
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A. this Contract (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code
Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of
Interested Parties” as part of this Contract if required by said statute for items approved by
the City Council.
27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the
performance of this Contract. The applicable law for any legal disputes arising out of this
Contract is the law of the State of Texas, and such form and venue for such disputes is the
appropriate district, county, or justice court in and for Brazoria County, Texas.
28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory
executing this contract on behalf of company verifies that the company does not boycott Israel
and will not boycott Israel during the term of this contract. This clause is subject to companies
with ten or more full time employees and the contract value is $100,000 or more that is to be
paid wholly or partially with public funds of the governmental entity.
29. Public Information Act Requirements. This paragraph applies only to Contracts that have
a stated expenditure of at least $1,000,000 or that result in the expenditure of at least
$1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code,
regarding certain entities requirement to provide contracting information to governmental
bodies in connection with a public information request, may apply to this contract and the
Contractor agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
30. Entire Agreement. This Contract constitutes the entire agreement between the parties
concerning the subject matter of this Contract and supersedes all prior negotiations,
arrangements, agreements, and understandings, either oral or written, between the parties.
IV. Special Terms and Conditions. None.
V. Additional Contract Documents
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/BID/ RFP #0125-08
Exhibit 2: Contractor’s Bid/Proposal Response
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ATTACHMENT A – SCOPE OF WORK
Scope of services shall consist of the contractor furnishing data management and tracking
software for use by all divisions of the Utilities department. The software will be used to organize
all data sources from laboratories, process control functions, and field operations into one source
for all end users. The software will be used to manage and store data, track permitting
requirements and violations, track and schedule work orders, and create reports and
notifications, as needed, per the specifications of RFP #0125-08. Pricing is as follows per
contractor’s response to the same, as listed per Attachment B.
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ATTACHMENT B – BID/PRICING SCHEDULE
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Klir Standard Legal Terms and Conditions
Last updated February 10, 2025
You can view our previous Standard Legal Term and Conditions here .
These Terms and Conditions (“Standard Terms”) govern the purchase of
Services by the Subscriber and the access or use by the Subscriber of the
Services and Software made available by Klir. By accepting or executing an
Order that references These Standard T erms, or (b) otherwise accessing or
using the Services or the Software, Subscriber agrees to be bound by these
Standard Terms, and all terms, policies and guidelines incorporated by
reference in these Standard Terms.
If accepting this Agreement on behalf of a company or legal entity, you
represent that you have the authority to bind such entity and its affiliates to
these Standard Terms, in which case the terms “Subscriber”, “User” and
“you” (as the case may be) shall refer to such entity and its affiliates. If you
do not have such authority, you must not accept this Agreement and may not
use the Services.
1. DEFINITIONS
The following terms shall have the following meanings:
(a) “Affiliate ” means any corporation that either: (a) is controlled, either
directly or indirectly, by a party to this Agreement, or (b) controls such party,
as the case may be. For the purposes of this definition “control” means the
ability to vote greater than fifty percent (50%) of the outstanding voting
securities in such corporation.
(b) “Agreement ” means these Standard Terms together with each Order.
(c) “Anniversary Date ” means the date falling exactly one year following
commencement of the Subscription;
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(d) “Confidential Information ” means all data and information in any form
disclosed by either party to the other party, including, without limitation: (i)
the Subscriber Content; (ii) all data and information concerning Klir’s software
programs and services including, without limitati on, the source code,
specifications, flow charts, computer codes, documentation, or any part or
component thereof; (iii) all data and information that relates to Klir’s finances,
business operations, customers, customer products, business plans and
opportu nities, market research, research, development, know -how, trade
secrets, ideas and intellectual property; (iv) the terms and conditions of this
Agreement; and (v) the Services and Software;
(e) “Consulting Services” means all technical assistance, software
consulting, custom development, implementation, training and all other
services provided by Klir to the Subscriber in connection with the Software,
other than the Hosting Services.
(f) “Fees ” means the fees specified in an Order in connection with the
Services. In the event that no Fees are specified in the relevant Order for
Services which are rendered, the then current fees of Klir applicable to its
general customer base shall apply to the relevant Services.
(g) “Force Majeure ” means an act of God, action of the elements, fire, labour
disturbances, telecommunications interruption or failure, shortage of labour,
material, or supplies, war, invasion, civil unrest, enactment of legislation or
issuance of governmental orders or reg ulations, or other casualty or cause,
whether similar or dissimilar, beyond either party’s control;
(h) “Hosting Services ” means the hosting services provided by Klir to the
Subscriber, either through Klir’s own servers, or through a third party service
provider, on which the Subscriber may access the Subscriber Portal and
Software;
(i) “Services ” means the provision of the Software, plug -in(s) or web
portal(s), and all related services provided by Klir to Subscriber hereunder,
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including without limitation, where applicable, in conjunction with the Hosting
Services;
(j) “Software ” means the internet based software applications set forth in the
Order;
(k) “Subscriber ” means the person or entity specified as such in the initial
Order;
(l) “Subscriber Content ” shall have the meaning given to such term in
Section 5.2;
(m) “Subscriber Portal ” means the graphical user interface provided by Klir
(whether through a third party server or otherwise) to Subscriber, that
provides access, via the internet, to the Software;
(n) “Subscription ” means a time -based, non -exclusive, non -transferable
right to access the Software online in exchange for payment of the Fees and
in accordance with this Agreement and the Order.
(o) “Subscription Fees ” means the subscription fees set forth in the Order;
and
(p) “Supported Browser ” means any Internet browser as may be determined
from time to time by Klir, in its sole discretion.
2. SUBSCRIPTION; SERVICES
2.1 Subscription . During the Subscription, the Services are provided by Klir
for Subscriber’s use on an annual basis (as specified in the Order), provided
that Subscriber:
(a) complies with the provisions of this Agreement;
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(b) shall not resell, license, rent, lease, transfer and/or assign (or attempt to
do any of the foregoing) the rights granted to Subscriber by Klir in relation to
the Software or Services, in whole or in part, to any third party;
(c) shall not transmit (in any manner) to, or permit any, third party to use
and/or gain access to the Software or Services;
(d) shall not modify, alter, adapt, change or reverse engineer, tamper with
any source code in relation to the Software or Services, or merge with
another software program or other material to create an updated original
work, create derivative works or mod ify another software application or
website so as to falsely imply that it is associated with Software, Klir, or any
other software or service provided by Klir;
(e) shall not download, store, reproduce, transmit, display, copy, distribute,
commercially exploit or use the Software or Services, or any portion thereof,
other than as expressly permitted hereunder, or any modification to the
Software or Services set fo rth in subparagraph (d) above;
(f) shall not use or access the Services: (a) in any manner (including without
limitation those listed in this Section 2.1) which may infringe Intellectual
Property Rights of Klir; (b) in any manner which is unlawful, offensive,
threatening, libelous, defa matory, pornographic, obscene or in violation of
this Agreement; (c) to upload, post, host, or transmit unsolicited bulk e -mail
“Spam”, short message service “SMS” message, viruses, self -replicating
computer programs “Worms”, or any code of a destructive o r malicious
nature; or (d) in any manner that would contravene any laws in the USA or in
any other jurisdiction;
(g) accesses, operates or uses the Software solely via the Supported
Browser or through such other connections that conform to Klir’s then
applicable hardware, software (including, but not limited to, the use of a PDF
reader) and communication specificatio ns, and Subscriber must adhere to all
such specifications in configuring such connections to properly function with
Software. For the avoidance of doubt, Klir is in no way responsible or liable
for the provision or cost of such connections or any related h ardware or
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software to facilitate the connections or for the ability or inability of such
connections to properly function or perform on Subscriber’s behalf.
2.2 Suspension of Access . In the interest of maintaining operability in the
Software and Services, Klir reserves the right to temporarily suspend the
Services, including without limitation, for maintenance, repairs or installation
of upgrades, and will endeavor, but is not oblig ated, to provide reasonable
notice prior to any such suspension. For the avoidance of doubt, any such
reasonable suspension shall not entitle Subscriber to any refund, credit or
discount from the Fees payable to Klir hereunder.
2.3 Hosting Services; Supported Browser . Subscriber acknowledges that:
(a) the Software can solely be accessed through the use of an internet
browser: (i) which has successfully installed the Supported Browser, and (ii)
from a personal computer or laptop computer; (b) no license is given to
Subscriber to any of the underlying software used by Klir, or any third party
service provider, as part of the servers to provide the Hosting Services to
Subscriber; (c) Klir is in no way responsible or liable for the provision or cost
of the Supported Brows er; and (d) Klir makes no representation or warranty
as to the service levels of the Hosting Services and Subscriber hereby waives
any eligibility for service credits (or any other form of compensation) for any
downtime of the Hosting Services.
2.4 Consulting Services . In the event that Klir agrees to provide the
Subscriber with Consulting Services in writing (including by means of email),
then unless otherwise specifically mutually agreed in writing, the terms and
conditions set forth here shall apply.
3. Fees
3.1 Fees. The following terms and conditions shall apply in respect of
payment of Fees by Subscriber:
(a) Fees. Subscriber shall pay the Fees to Klir in accordance with the terms of
this Agreement.
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(b) Billing. All Fees shall be paid by Subscriber to Klir, in advance, on the
dates set forth in invoices issued by Klir in accordance with the applicable
payment terms set forth therein.
(c) Currency. Unless otherwise expressly provided in this Agreement or the
relevant invoice, all Fees are expressed in the currency specified in the
Order.
(d) Annual Increase. The Fees will increase automatically each year on the
anniversary of this Agreement by the greater of: (i) the percentage increase
year on year of the Consumer Price Index, and (ii) five (5%) per cent.
(e) Late Payment. At Klir’s option, Klir may assess a late payment fee equal
to two per cent (2%) of the unpaid amount for each succeeding thirty (30)
day period or portion thereof in which Klir has not received payment from
Subscriber of Fees when due.
(f) Adjustments. Subscriber shall promptly and carefully review statements
and invoices provided or made available by Klir to Subscriber. If Subscriber
believes any adjustments are needed with respect to any amounts due to Klir,
or if Subscriber has any o ther questions or concerns regarding any statement
or report provided by Klir, Subscriber must so notify Klir in writing within thirty
(30) days after such invoice or report is received. If Subscriber fails to notify
Klir within such time frame, Klir will not be required to investigate the matter
or effect any related adjustment, absent any wilful misconduct by Klir. If
Subscriber notifies Klir after such time period, Klir may, in its sole discretion
and at Subscriber’s cost, investigate the matter addresse d in Subscriber’s
notice, but Klir will not have any liability to effect any related adjustment
absent any wilful misconduct by Klir.
(g) Suspension of Services. At Klir’s option, Klir may suspend provision of
any Services if Klir has not received payment of Fees from Subscriber when
due.
(h) Taxes. All Fees payable to Klir are exclusive of any taxes, assessments or
duties that may be assessed upon the Software, Services or any licenses
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under this Agreement, including, without limitation, sales, use, excise, value
added, personal property, electronic/internet commerce, export, import and
withholding taxes, but not including taxes based upon Klir’s income.
Subscriber shall directly pay any such taxes assessed against it, including
without limitation all taxes that arise out of transactions completed by
Subscriber using the Software. Subscriber shall promptly reimburse Klir for
any such taxes payable or collectable by Klir. If any tax in the nature of
withholding tax is payable on any sums payable to Klir under this Agreement,
Subscriber shall pay Klir such amount as is necessary to ensure that the net
amount received by Klir after such withholding shall be equal to the amount
originally due.
(i) Collection Expenses. Subscriber agrees to reimburse Klir for any and all
collection related expenses incurred by Klir in the collection of any amounts
owed to Klir pursuant to this Agreement.
3.2 No Refunds . No refunds or credits will be issued to Subscriber for any
non-use, or partial use, of the Services or for any other reason.
4. ACCESS TO THE SOFTWARE
4.1 Authorized User . Klir shall only permit access and use of Software to the
Subscriber or employees and Authorized Contractors (each an “Authorized
User ”). Authorized Users are required to provide their full legal name, a valid
e-mail address, and any other information requested by Klir.
4.2 Administrator . Subscriber shall designate an Authorized User as
administrator for the Subscription (“Administrator ”). Each Subscriber may
have multiple Authorized Users, and the Administrator will manage the list of
active Authorized Users associated with the Subscription. The Administrator
may deactivate a Username if the Administrator wishes to terminate access
to Software for any particular user.
4.3 Usernames and Passwords . Each Authorized User shall utilize a unique
identifier (e.g. an email address) (each, a “Username ”) and password to
access and use Software. The Username shall only be used by the
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Authorized User to whom it is assigned, and shall not be shared with, or used
by any other person, including other Authorized Users. Authorized Users and
the Subscriber shall be responsible for protecting the security of Usernames
and passwords, or any ot her codes associated with Software known to them,
and for the accuracy and adequacy of personal information provided to Klir.
The Subscriber shall implement policies and procedures to prevent
unauthorized use of Usernames and passwords, and shall promptly notify Klir
upon suspicion that a Username has been lost, stolen, compromised, or
misused.
4.4 Subscriber Responsible . Subscriber agrees that it shall be responsible
for all Authorized Users. Accordingly, this Agreement shall be construed to
also apply to all Authorized Users, and Subscriber shall be liable for any
breach of the Agreement by an Authorized User.
4.5 Subscriber Feedback . For the purposes of improving the Services and
the functionality of the Software, Subscriber acknowledges and agrees that
it, and the Authorized Users, shall be permitted to provide feedback to Klir,
solely through feedback and/or bug alert buttons on t he Software and/or
Subscriber Portal, or any other method or manner as determined in the sole
discretion of Klir. Subscriber further acknowledges and agrees that: (a) Klir
does not warrant or guarantee that any such feedback shall be incorporated
or implem ented into the Software and/or the Subscriber Portal; and (b) where
such feedback is so incorporated into the Software and/or the Subscriber
Portal, Subscriber shall not have any right or title to any such resulting
modifications to the Software and/or the Subscriber Portal.
4.6 Prohibited Access . All access to and use of Software via mechanical,
programmatic, robotic, scripted or any other automated means not provided
as part of the Services is strictly prohibited, unless otherwise permitted by
Klir in writing.
5. INTELLECTUAL PROPERTY
5.1 Intellectual Property Rights . All copyrights, patents, utility models, trade -
marks, service marks, design rights (whether registered or unregistered),
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database rights, proprietary information rights and all other proprietary rights
that may exist relating to, or in connection with, the Services, including
without limitation, text, design, graphics, software, source codes, data,
training materials, deriva tive works, any modifications and custom
programming (together, “Intellectual Property Rights ”) are the sole property
of Klir. For the avoidance of doubt, any modifications or custom
programming made in connection with Software, whether performed by Klir,
Subscriber, or any other third party, shall remain the sole property of Klir.
Subscriber sh all not obtain any Intellectual Property Rights in the Services or
Software, whether in whole or in part, pursuant to or arising out of
Subscriber’s use of the Services, except for the rights granted by Klir
hereunder to Subscriber to use and access the Se rvices as set forth herein.
For the avoidance of doubt, any work product created in the course of
performance of any Services shall be and remain the sole property of Klir.
5.2 Infringing Material . Klir is not responsible for any material or data
submitted or uploaded to the Software servers by Subscriber (collectively,
the “Subscriber Content ”), Klir reserves the right to delete, move or edit the
Subscriber Content that it, in its sole discretion, deems abusive, defamatory,
in violation of the law or the Intellectual Property Rights of itself or any third
party or is otherwise unacceptable. No twithstanding any confidentiality,
privacy or other obligations imposed upon Klir, by applicable legislation,
contract or otherwise, Subscriber hereby grants Klir a perpetual, irrevocable,
royalty -free, worldwide license to store and use the Subscriber Con tent for
data aggregation, analysis and other business purposes. This license shall
survive any termination or expiration of this Agreement.
5.3 Third Party Claims . Klir shall indemnify, defend and hold Subscriber
harmless against all losses, liabilities, damages, costs and expenses suffered
by Subscriber for any claim asserted or brought against Subscriber based on
actual infringement of a third party’s Intellectu al Property Rights in
connection with the Software (each, a “Third Party Claim ”). Subscriber shall
allow Klir to control any proceedings arising as a result of any Third Party
Claim. Subscriber shall make no admission as to liability nor accept any
settlement without the written consent of Klir. Subscriber shall also, at the
request of Klir, offer reasonable assistance and cooperation in relation to any
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such proceedings. Any recovery obtained from such proceedings shall
accrue solely for the benefit of Klir.
6. LIMITED WARRANTY;LIMITED LIABILITY; INSURANCE
6.1 Reasonable Efforts . Notwithstanding anything to the contrary, Klir shall
be held to a reasonable efforts standard in the performance of its obligations
under this Agreement.
6.2 Waiver of Indirect Damages . Klir, its affiliates, and all shareholders,
officers, directors, employees, subcontractors, agents, successors, or
assigns of Klir or its affiliates, shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if Klir has been advised of the possibility of such damages),
resulting from: (a) the use or the inability to use or access Software or any
part of the Services (including, but not limited to, in the event of any Force
Majeure, such as loss of telecommunications, etc.); (b) the cost of
procurement of a substitute goods and services resulting from any goods,
data, information or services purchased or obtained or messages received or
transactions entered into through or from Software; (c) any unauthorized
access to or alteration of Authorized User transmissions or the Subscriber
Content; (d) any price change, suspension or discontinuance of Software
and/or the Services, whether in whole or in part; (e) any loss of any part of
the Subscriber Content, modification to a feature of the Services or Software
itself; (f) any loss of the Subscriber Content subsequent to a suspension or
termination of the Subs cription herein; (g) statements or conduct of any third
party on Software or any part of the Services; or (h) any other matter relating
to the Services, including without limitation, the Software.
6.3 DISCLAIMER OF SERVICES WARRANTIES. KLIR DOES NOT MAKE, AND
HEREBY FULLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES OR
CONDITIONS REGARDING THE SERVICES, WHETHER ORAL OR WRITTEN,
EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR
OTHERWISE IN LAW, OR FROM A COURSE OF PERFORMANCE, COURSE OF
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DEALING OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
6.4 AGGREGATE LIABILITY. WITHOUT LIMITATION TO SECTIONS 6.2 AND
6.3, SUBSCRIBER AGREES THAT, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, ANY LIABILITY ON THE PART OF KLIR OR ITS AFFILIATES
UNDER THIS AGREEMENT (INCLUDING FOR BREACH OF ANY PROVISION
HEREOF, FUNDAMENTAL BREACH OR ANY OTHER BREACH GIVING RISE TO
LIABILITY OR ARISING OUT OF OR RELATED TO THIS AGREEMENT,
SOFTWARE OR SERVICES IN ANY OTHER WAY), FOR ANY CAUSE OF
ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION
(INCLUDING BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL OR
EQUITABLE THEORY), SHALL BE LIMITED TO SUBSCRIBER’S ACTUAL
DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AGGREGATE
AMOUNT OF FEES PAID WITHIN THE PRECEDING 12 MONTHS.
6.5 Insurance. Klir shall carry and maintain appropriate (as determined by
Klir, acting reasonably) commercial liability insurance coverage in relation to
the Services during the Term.
7. TERM AND TERMINATION
7.1 Term. This Agreement shall commence on the date of execution of the
Order and continue for the subscription duration specified in the Agreement,
unless otherwise terminated in accordance with its terms (the “Initial Term ”).
The Subscription shall automatically renew on a year -to-year basis unless
otherwise terminated in accordance with the terms of this Agreement (each,
a “Renewal Term ”, together with the Initial Term, the “Term ”)
7.2 Termination by Either Party . In the event that either of the parties wishes
to terminate this Agreement after the Initial Term, such party must,
notwithstanding Section 8.15, notify the other party in writing, within the
ninety (90) day period prior to the end of any Renewal Term ( each, a
“Termination Notice ”).
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7.3 Termination by Klir for Non -Compliance . Notwithstanding the foregoing,
Klir, in its sole discretion, has the right to suspend or discontinue access to
the Software or Services to any Subscriber without notice for non -
compliance (including, but not limited to, non -payment of any Fees), as
determined in the sole discretion of Klir, with this Agreement, and pursue any
other remedy legally available to it.
7.4 Retrieval of Subscriber Content . Following delivery of a Termination
Notice, Subscriber shall have thirty (30) days to retrieve Subscriber Content
from the Software.
8. MISCELLANEOUS
8.1 Non -Disclosure . Each party agrees to use reasonable efforts, during the
Term and for a further three (3) years thereafter, not to disclose any
Confidential Information of the other party to any third parties.
Notwithstanding the foregoing, the Subscriber agrees that Kl ir shall be
permitted to disclose Confidential Information: (a) to the extent that such
disclosure is reasonably necessary in connection with its performance of its
obligations under this Agreement, (b) that was known to Klir prior to
Subscriber's disclosu re hereunder or that becomes publicly available through
no fault of Klir, or (c) not gained as a result of a breach of the Agreement.
8.2 Publicity . Klir is entitled to disclose the existence of this Agreement, the
parties to, and the scope of the Subscription to any third parties, including
but not limited to, on any website and/or publications of Klir, and to display
Subscriber’s name and logo in this context.
8.3 Third Party Vendors and Websites . Subscriber acknowledges and
agrees that Klir may use third party vendors and hosting partners to provide
the necessary hardware, software, networking, storage, and related
technology required in connection with the provision of the Hosting Services.
8.4 Back -ups . While the Software will, from time to time, back up and store
the Subscriber Content, Klir does not represent or warrant that: (a) such back
up will be complete, timely, error -free or accurate; and (b) in the event of
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service interruption, the restoration of Subscriber Content by the Software
will be complete, error -free or accurate. Subscriber acknowledges that it has
and will have complete back -ups of all Subscriber Content.
8.5 Data Transmission & Storage. Subscriber acknowledges and agrees that
the technical processing and transmission of data associated with Software,
including the Subscriber Content, is transmitted securely using Transport
Layer Security (TLS) 1.2 minimum encryption and is stored at rest using
Advanced Encryption Standard (AES) 256 -bit encryption. Transmission of
encrypted data may involve: (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices.
8.6 Klir is a Non -Party . Subscriber agrees that Klir is a not a party to any
transaction or contract concluded through use of the Software between the
Subscriber and any third party.
8.7 No Waiver . The failure of Klir to enforce any provision hereof shall not
constitute or be construed as a waiver of such provision or of the right to
enforce it, or any other provision hereunder, at a later time.
8.8 Entire Agreement . This Agreement constitutes the entire agreement
between the Subscriber and Klir and governs the Subscriber’s use and
access to Software and the Services, superseding any prior agreements
between the Subscriber and Klir (including, but not limited to, an y term sheet,
proposal, confidentiality agreement, or prior versions of this Agreement).
8.9 No Assignment . Subscriber may not assign any of its rights or delegate
any of its obligations under this Agreement without the prior written consent
of Klir.
8.10 Headings . The headings in this Agreement and the division of this
Agreement into sections are for convenience of reference only and will not
affect the construction or interpretation of this Agreement.
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8.11 Severability . If any provision of this Agreement (or any portion thereof)
is held to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remainder hereof or thereof will not in any way be
affected or impaired thereby.
8.12 Enurement . Subject to the restrictions on transfer contained in this
Agreement, this Agreement will enure to the benefit of and be binding on the
parties and their respective heirs, executors, administrators, successors and
assigns.
8.13 Notices . Except as otherwise specified in this Agreement, any notices,
demands and other communications pursuant to this Agreement shall be in
writing and shall be delivered: (a) in person, (b) mailed by first class mail and
postage prepaid (registered or certifi ed to the extent available, and via airmail
if overseas), (c) couriered overnight, (d) delivered by facsimile transmission
or email, or (e) transmitted electronically in a PDF or similar document -
scanning file format, to the party to receive the notice at the applicable
address, set out on in this Agreement or at such other address as may be
designated in writing by the receiving party. All such notices shall be
effective upon receipt.
8.14 Governing Law . This Agreement shall be governed by and construed in
accordance with the laws of the State of New Jersey, without resort to any
conflict of laws, and the parties irrevocably submit and attorn to the
jurisdiction of the courts of New Jersey.
8.15 Equitable Relief . Subscriber acknowledges and agrees that Subscriber’s
breach of this Agreement may cause Klir irreparable damage for which
recovery of money damages would be inadequate, and Subscriber agrees
that Klir shall be entitled, in addition to any other remedies available to it, to
seek (in any court of competent jurisdiction) injunctive relief and/or other
equitable relief to prevent or restrain any breach by Subscriber or otherwise
to protect its rights, without being required to post a bond or other security.
8.16 Corporate Authority . Each party represents and warrants to the other
party that (a) it has the full corporate power and authority to enter into this
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Agreement; (b) the execution and delivery of this Agreement and its
performance of its duties hereunder have been duly and validly authorized by
all necessary corporate action; and (c) this Agreement has been duly and
validly executed and delivered by it a nd constitutes its legal, valid and binding
obligation, enforceable against it in accordance with its terms.
8.17 Counterparts . This Agreement may be executed in any number of
counterparts with the same effect as if all parties had signed the same
document. All of these counterparts will for all purposes constitute one
agreement, binding on the parties, notwithstanding that all parties are not
signatories to the same counterpart. A fax, electronically scanned document
(e.g. PDF) or photocopy of this Agreement executed by a party in counterpart
or otherwise will constitute a properly executed, delivered and binding
agreement or counterpart of the executing party.
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City of Pearland, Texas
Request for Proposal
RFP 012508_Addendum 3
Water Data Management Software for Utilities Department
Original Issue Date: 01/29/2025
Original Response Submitted: February 13, 2025
Response Re-Submitted: March 20, 2025
Updated Pricing Schedule Submitted: June 12, 2025
Updated Pricing Schedule Re-Submission: June 25, 2025
Updated Pricing Schedule Re-Submission: June 26, 2025
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Klirʼs Proposed Pricing
Pricing & Subscription Model
Subscription Model & Inclusions
Klir is a cloud based SaaS product, we adhere to the subscription pricing model - meaning we charge recurring
amounts year over year versus larger upfront fees and a smaller maintenance fee ongoing. This recurring fee includes,
but is not limited to: unlimited users, set up and implementation, product enhancements and new features, all hosting
fees, ongoing customer success support CSM and management, upgrades and updates etc. This is an all-inclusive
package / price, there are no additional fees on top of the yearly recurring subscription.
Please note: Onsite training fees are not included in this pricing. If onsite training is desired, costs will be determined
after scoping and will only cover our teamʼs travel-related expenses.
Cooperative Purchasing / Piggyback Clause
This Agreement may be used as a cooperative purchasing vehicle by other public agencies through cooperative
purchasing programs, interlocal agreements, or other authorized purchasing mechanisms, in accordance with
applicable state and local procurement laws. Any such use is subject to Klirʼs prior written approval, availability of
capacity, and execution of a separate agreement with the participating agency.
Pricing for future participating agencies will be determined based on the size, scope, and requirements of each
agencyʼs program, and may differ from the pricing set forth in this Agreement. Any waived or discounted fees included
in this Agreement (such as integration fees or pricing adjustments) are unique to this Agreement with The City of
Pearland and are not automatically extended to other participating agencies.
Description Associated Pricing
Onboarding /
Implementation,
Training
Included at no cost- because Klir is a cloud hosted, SaaS subscription
platform, there are no associated implementation fees. This along with
training, and ongoing support is rolled into the ongoing annual fee.
Onsite training will incur additional fees - to be discussed.
$ 0.00
Users Unlimited Users for the City of Pearland $ 0.00
Klir Making Water Better 3
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Drinking Water
Monitoring Module
Compliance and
Operational)
Capabilities Include: all outlined as “Current Capabilityˮ within the
proposal response / SOW. Key capabilities are:
● Manage and store your SDWA / other DW permit(s) in Klir
● Set up DW monitoring plans to ensure all required samples
are accounted for
● Transfer lab data from LIMS and/or internal/ external data
sources for a centralized view of sample results
● Integrate with your LIMS
● View all sample results in a consolidated, filterable,
exportable view
● Automatically flag exceedances based on custom limits
specific to parameters
● Send exceedance alerts to relevant stakeholders
● View Dashboard for the Safe Drinking Water Act Rule Klir &
export as required
● DW Monitoring Schedules to track all sampling required
● Capture Sampling Results in Field (tablet interface)
● SWMOR reporting as part of your insights pkg
● Customer Success: value check-ins, support, virtual product
walkthroughs
● Insights Package: Advanced- outlined below
● Based on the provided 10 MGDs stated within the RPF for total
water MGDs
● Pricing Adjustments: Following further discussions, both
parties acknowledge that the average flow for the City is
approximately 16 MGD. Standard pricing for this flow is
$30,000 per year. For this initial Agreement with the City of
Pearland, Klir agrees to honor the previously proposed pricing
of $17,000 per year as a one-time accommodation in
recognition of the strategic nature of this partnership. This
pricing is specific to this Agreement and does not establish
precedent or pricing commitments for future procurements or
piggyback purchases by other entities, which will be subject
to Klirʼs then-current pricing.
● The following integrations are included in scope under this
Agreement: Data Out API, VTScada, GIS, and Cityworks.
Standard pricing for integrations is $5,000 per integration
(total standard value: $20,000. The detailed scope,
requirements, timelines, and project plans for each integration
will be mutually defined during the onboarding phase.
For this Agreement with the City of Pearland, Klir is including
these integrations at no additional cost as part of this initial
strategic partnership. This pricing is specific to this
Agreement and does not constitute a waiver or precedent for
future procurements, piggyback purchases, or agreements
with other entities, which will be subject to Klirʼs then-current
pricing for integrations.
$17,000 USD per
year
Insights Package for
Drinking Water Module
Advanced Monitoring Insights Package:
● Reports: build your own reports, Klir will provide up to 5
templated state / federal reports SWMOR
● Dashboards: build your own dashboards (includes 3 Power BI
Included in the annual
fee of $17,000
Klir Making Water Better 4
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licenses) up to 8 of the following pre-built templated
dashboards (visualized): Compliance Summary, Total
Coliforms, Disinfection Byproducts, Surface Water Rule,
Inorganic Contaminants, VOC Contaminants, SOC
Contaminants, Radionuclides, Parameter Assessment,
Parameter Comparison, Location Comparison
● Proactive insights and Predictive Analytics: Boots, Klirʼs Gen
AI assistant
Wastewater Monitoring
Module Compliance
and Operational)
Capabilities Include: all outlined as “Current Capabilityˮ within the
proposal response / SOW. Key capabilities are:
● Manage and store your NPDES permits in Klir
● Set up WW monitoring plans to ensure all required samples
are accounted for
● Transfer lab data from LIMS and/or internal/ external data
sources for a centralized view of sample results
● Integrate with your LIMS
● View all sample results in a consolidated, filterable,
exportable view
● Automatically flag exceedances based on custom limits
specific to parameters
● Send exceedance alerts to relevant stakeholders
● View Dashboards in Klir
● WW Monitoring Schedules to track all sampling required
● Capture Sampling Results in Field (tablet interface)
● DMR and DLQOR reporting as part of your insights pkg
● Customer Success: value check-ins, support, virtual product
walkthroughs
● Insights Package: Advanced- outlined below
● Based on the provided 19.95 MGDs stated within the RPF for
total wastewater MGDs
● The following integrations are included within scope: Data Out
API, VTScada, GIS, and Cityworks.
$31,000 USD per
year
Insights Package for
Wastewater Module
Advanced Monitoring Insights Package:
● Reports: build your own reports, Klir will provide up to 5
templated state / federal reports DLQOR, DMR etc.)
● Dashboards: build your own dashboards (includes 3 Power BI
licenses) up to 8 of the following pre-built templated
dashboards (visualized): Compliance Summary, Results
Table, Compliance Map, Location Comparison, Parameter
Assessment, Parameter Compliance, Parameter Comparison,
Parameter Trend, Compliance by Time, Parameter Daily
Average
● Proactive insights and Predictive Analytics: Boots, Klirʼs Gen
AI assistant
Included in the annual
fee of $31,000
New / Additional Modules
Start Date TBD by the City of Pearland
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FOG Module Size / Scope: 600 FSEʼs currently (within this pricing tier you can
move up to 750 at no additional fee)
● Customer Management: Track and profile FOG Generator
details, including compliance status, facility information (e.g.,
interceptors), contacts and addresses, industry codes,
discharge outfall points, and maintain an archive for historical
records.
● Facility Management: Track discharge points within the
sewer network and manage grease interceptors and other
related assets.
Permit Management (if needed): Store permits for all FOG
Generator types, including associated assets, pump-out
requirements, and reporting obligations.
● Inspection Management: Schedule and assign inspections,
store inspection records, capture observations and
non-compliance, support mobile inspections, and use
customizable form templates.
● Manifest Management: Manage manifest data for
generators, haulers, and receiving stations.
● Violation Management: Record, track, and manage
violations, required corrective actions, and related
communications.
● External Community Portal Coming Soon): A self-service
portal for customers to communicate, receive compliance
reminders, check schedules and statuses, and submit
manifests and regulatory documents.
● Customer Success: Dedicated onboarding, training, and
continuous support to ensure long-term success.
● Core Features: Includes User and Role Management, Task
Manager, Task Templates, Document Management (attach
files to records), Reporting and Sampling Dashboards, Audit
Trails, and a robust Alerts Engine for configurable rules,
alerts, and notifications.
$17,500 USD per
year
Insights Package for
FOG Module
Essentials / Standard Insights Package:
● Essentials Insight Package: build your own reports in Klir, Up
to 2 state/federal templated reports, Up to 4 templated
dashboard visualizations.
Included in the annual
fee of $17,500
Industrial Pretreatment
Module
Size / Scope: Tier 1 (up to 10 Industries)
We recommend utilizing the IPP module, as it was purpose-built to
support industrial users and the unique workflows, forms, and
requirements that come with managing industries—distinct from FOG
customers. While you may not have a full TCEQ-mandated program in
place, this module will offer greater flexibility, ease of use, and
alignment with industry-specific needs.
● Customer Management: Track and profile IU details including
compliance status, facility information, contacts and
addresses, industry codes, discharge outfall points, and
maintain an archive for historical records.
● Permit Management: Store pretreatment permits, related
assets, contaminant discharge limits, utility and
self-monitoring requirements, and IU reporting obligations.
● Inspection Management: Schedule and assign inspections,
$12,500 USD per
year
Bundled Pricing Offer:
To support a cohesive
rollout and accelerate
impact across your
programs, weʼre
offering a bundled
pricing incentive: when
both the FOG and IPP
modules are
purchased together,
the lower-cost module
will receive a 40%
discount. This offer
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track and store records, capture observations and
non-compliance issues, support mobile data capture, and use
customizable inspection form templates.
● Monitoring Management: Create and maintain monitoring
plans, schedule sample collection, and ingest sample data
from various sources.
● Violation Management: Record, track, and manage
violations, required actions, and related communications.
● SNC Monitoring: Generate SNC Monitoring Reports and
auto-generate SNC issues based on system data.
● External Community Portal Coming Soon): A customer
self-management portal that facilitates communication,
delivers regulatory compliance reminders, provides
scheduling and status updates, and allows for secure
regulatory document submission.
● Customer Success: Comprehensive onboarding, training, and
ongoing value management to ensure long-term success and
platform adoption.
● Core Features: Includes User and Role Management, Task
Manager, Task Templates, Document Management (attach
files to records), Reporting and Sampling Dashboards, Audit
Trails, and a robust Alerts Engine for rules, alerts, and
notifications.
reflects our
commitment to
partnership and our
goal of delivering
maximum value as we
work together.
BUNDLED Pricing
FINAL $7,500 per
year
Insights Package for IPP
Module
Essentials / Standard Insights Package:
● Essentials Insight Package for IPP Build your own reports in
Klir, SNC Monitoring Report, Up to 2 state/federal templated
reports, Up to 4 templated dashboard visualizations.
Included in the annual
fee of $7,500
Backflow / Cross
Connection Prevention
Module Water
Protection)
Size / Scope: 3,600 active assemblies in database
Rate: $2.00 per assembly
Tester Submission assuming est: 3,000 submissions at a rate of $3.00
per test. Note that this is typically a passthrough cost to
customers.)(coming soon!
● Customer Management: Track and profile Residential,
Commercial, and Industrial Customers, including compliance
status, backflow assemblies, auxiliary water sources,
hydrants, contacts, address and various other data points.
● Testers Management: Track and profile testing companies
and testers, including tester details, licenses and certificates,
gauges used and their certificates, and review document
submissions.
● Program Management: Automate test scheduling for various
test types, including backflow assembly tests, CSI tests, and
private and temporary hydrant tests. Send automated
scheduled test reminders, overdue reminders & test result
notices; support digital test submissions through a portal for
testers; and automate compliance evaluations. Allow
registration of new assemblies and test gauges. Tester
document submissions, including licenses and certificates for
review, coming soon.
● Inspection Management: Schedule and assign inspections,
capture observations and non-compliance, and support
mobile inspections with offline capability.
● Compliance Enforcement: Automate non-compliance
$7,200 USD per
year
Tester Submissions
Fee $9,000 USD per
year Estimate) Paid
by tester via the Klir
portal)
TOTAL City of
Pearland Cost: $7,200
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tracking (coming soon), determined from test results and
tester process non-compliances. Understand risks to your
distribution system, manage violation escalations, issue
violation notices (coming soon), manage actions and due
dates, and track related communications.
● Customer Engagement Coming Soon): Communicate test
outcomes and provide a customer portal for schedule and
test insights.
● Customer Success: Dedicated onboarding, training, and
continuous support to ensure long-term success.
● Core Features: Includes User and Role Management, Task
Manager, Task Templates, Document Management (attach
files to records), Reporting and Dashboards, Audit Trails, and
a robust Alerts Engine for configurable rules, alerts, and
notifications.
Insights Package for
Backflow Module
Essentials / Standard Insights Package:
● Essentials Insight Package: build your own reports in Klir, Up
to 2 state/federal templated reports, Up to 4 templated
dashboard visualizations.
Included in the annual
fee of $7,200
5 Year Pricing Summary
Year Klir for Drinking Water:
Monitoring Compliance
and Operational) & Klir
for Wastewater:
Monitoring Compliance
and Operational)
Modules
Klir for Community:
FOG, IPP and
Backflow Modules
Total Annual Cost Discounts Applied
1 $48,000 $32,200 $80,200 Bundled Pricing Applied
plus additional value add-on
included at no cost to the City,
listed above. Ex: integrations, and
DW MGD price adjustments,
totalling over: $33,000 in total
savings!
2 $48,000 $32,200 $80,200
3 $48,000 $32,200 $80,200
4 $40,554.17 $32,200 $72,754.17 - $7,445.83
5 $40,554.17 $32,200 $72,754.17 - $7,445.83
Key Notes:
- 5Year Term Pricing Reduction Offer: $7,445.83 discount applied to years 4 & 5 to Drinking Water and
Wastewater Modules only.
- CPI Policy: 0% CPI for the primary term (initial 3 years) with a 5% CPI added to years 4&5.
- Pricing in USD
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ATTACHMENT C – INSURANCE REQUIREMENTS
Contractors performing work on City property or public right-of-way for the City of Pearland shall
provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the
coverages and coverage provisions identified herein. Contractors shall provide the City
evidence that all subcontractors performing work on the project have the same types and
amounts of coverages as required herein or that the subcontractors are included under the
contractor’s policy.
All insurance companies and coverages must be authorized by the Texas Department of
Insurance to transact business in the State of Texas and must be acceptable to the City of
Pearland.
Listed below are the types and amounts of insurances required. The City reserves the right to
amend or require additional types and amounts of coverages or provisions depending on the
nature of the work.
Type of Insurance Amount of Insurance Provisions
1. Workers’ Compensation
Employers’ Liability
Statutory Limits
$100,000 per occurrence
City to be provided a WAIVER
OF SUBROGATION and 30-
day notice of cancellation or
material change in coverage.
2. Commercial General
(Public) Liability to include
coverage for:
a) Premises/Operations
b) Products/Completed
Operations
c) Independent
Contractors
d) Personal Injury
e) Contractual Liability
Personal Injury - $1,000,000
per person; Property Damage
- $1,000,000 per occurrence;
General Aggregate -
$1,000,000
City to be listed as additional
insured and provided 30-day
notice of cancellation or
material change in coverage.
City shall be provided 30-day
notice of cancellation or
material change in coverage.
3. Business Auto Liability to
include coverage for:
a) Owned/Leased
vehicles
b) Non-owned vehicles
c) Hired vehicles
Combined Single Limit -
$1,000,000
Certificate of Insurance forms may be sent to Purchasing Department.
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ATTACHMENT D – WARRANTY
Not applicable.
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