QUOTE NO. QUO-DSH027856
Staff Report No. 2507-5019.
ATTN: Angela Armstrong
This City of Palo Alto (City) Purchase Order agreement (PO) is entered into by and between City and Dasher Technologies, Inc., an authorized reseller to Rubrik Inc., pursuant to State of California Participating Addendum No. 7-17-70-40-05 with Rubrik, Inc., for the purchase of bundled solution covering hardware, cloud software licensing, support and services associated products and services as detailed in this PO.
In entering into this PO, Dasher Technologies, Inc. represents and warrants that it is an authorized reseller for Rubrik Inc.
This PO by reference incorporates the following contract documents in full into this PO by reference as though fully set forth herein:
1. State of California Participating Addendum #7-17-70-40-05
2. State of California Participating Addendum
#7-17-70-40-05 -Amendment No.1 - Amendment No. 4.
3. City of Palo Alto Purchase Order Terms and Conditions. 0010 Rubrik r6404 Appliance 19,958 USD 1.00 19,957.81 City PM: [email protected]
Vendor Address
DASHER TECHNOLOGIES INC
A CONVERGE COMPANY
PO BOX 103090
PASADENA CA 91189-3090
Tel: 408-722-2875
Bill To:
City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:
Information Technology Services
City of Palo Alto
250 Hamilton Ave., 2nd Floor
Palo Alto CA 94301
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Service Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number S26195255
Date 08/04/2025
Vendor No. 107224
Payment Terms Payable immediately
FOB Point Services Only
Ship via See Info Below
Term 09/08/2025 - 09/07/2028
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Qty 1 Product RHA-6404S-01 Decrtiption r6404s Appliance, 4-node, 48TB raw HDD, 1.6TB SSD, SFP+ NIC
0020 Rubrik Security Cloud 70,643 USD 1.00 70,642.80 Qty 1080 Product RS-BT-FE-RSCG-PE-PP Description Rubrik Security Cloud - Government, Foundation Edition, per usable BETB, Premium Support, PrePay
0030 Support - 3 Year 8,711 USD 1.00 8,710.56 Qty 36 Product RS-HW-SVC-PE-S2 Description Support for R6000S-2 hardware, 1 Year Support, Premium Support
0040 Rubrik Professional Services 5,000 USD 1.00 5,000.00 Qty 1 Product RA-PS-INST-RMOT Description "Rubrik Professional Services, Remote Installation and Configuration of up to 8 briks per site, must be used within 6 months of purchase, prepay
0050 Shipping 800 USD 1.00 800.00
Freight Charge
-------------------------
Sub-Total 105,111.17
Sales Tax 1,821.15
Vendor Address
DASHER TECHNOLOGIES INC
A CONVERGE COMPANY
PO BOX 103090
PASADENA CA 91189-3090
Tel: 408-722-2875
Bill To:
City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:
Information Technology Services
City of Palo Alto
250 Hamilton Ave., 2nd Floor
Palo Alto CA 94301
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Chief Procurement Officer
Total 106,932.32
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Service Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number S26195255
Date 08/04/2025
Vendor No. 107224
Payment Terms Payable immediately
FOB Point Services Only
Ship via See Info Below
Term 09/08/2025 - 09/07/2028
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
CITY OF PALO ALTO
SVS Rev. 04/14/2021
PURCHASE ORDER TERMS AND CONDITIONS
AGREEMENT. THIS AGREEMENT CONSISTS OF THE FOLLOWING AGREEMENT DOCUMENTS: (i) THE CITY'S P.O., (ii) THESE P.O. TERMS AND CONDITIONS, AND (iii) ANY EXHIBITS REFERENCED IN AND ATTACHED TO THE CITY'S P.O. IN THE EVENT OF AN
INCONSISTENCY BETWEEN OR AMONG THE PROVISIONS OF THIS AGREEMENT, THE
AGREEMENT DOCUMENTS SHALL HAVE THE ORDER OF PRECEDENCE AS SET FORTH IN THE PRECEDING SENTENCE.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. VENUE FOR ANY DISPUTE SHALL BE IN SANTA CLARA COUNTY, CALIFORNIA. THE PARTIES SHALL
COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN THE PERFORMANCE OF THIS AGREEMENT.
INDEPENDENT CONTRACTOR. THE PARTIES UNDERSTAND AND AGREE THAT IN
PERFORMING THIS AGREEMENT, CONTRACTOR AND ANY PERSON EMPLOYED OR
CONTRACTED WITH BY CONTRACTOR TO FURNISH LABOR AND/OR MATERIALS UNDER
THIS AGREEMENT, SHALL ACT AS AND BE AN INDEPENDENT CONTRACTOR AND NOT AN AGENT OR EMPLOYEE OF CITY. IN ACCEPTING THISAGREEMENT, CONTRACTOR
AFFIRMS THAT NO ONE WHO HAS OR WILL HAVE ANY FINANCIAL INTEREST UNDER THIS AGREEMENT IS AN OFFICER OR EMPLOYEE OF CITY.
INSURANCE. CONTRACTOR AGREES TO PROVIDE THE INSURANCE SPECIFIED IN THE "INSURANCE REQUIREMENTS" FORM ISSUED HEREWITH. IN THE EVENT CONTRACTOR IS
UNABLE TO SECURE A POLICY ENDORSEMENT NAMING THE CITY OF PALO ALTO AS AN
ADDITIONAL INSURED UNDER ANY COMPREHENSIVE GENERAL LIABILITY OR
COMPREHENSIVE AUTOMOBILE POLICY OR POLICIES, CONTRACTOR SHALL AT A
MINIMUM, AND ONLY WITH THE WRITTEN APPROVAL OF CITY'S RISK MANAGER OR
DESIGNEE, CAUSE EACH SUCH INSURANCE POLICY OBTAINED BY IT TO CONTAIN AN
ENDORSEMENT PROVIDING THAT THE INSURER WAIVES ALL RIGHT OF RECOVERY BY
WAY OF SUBROGATION AGAINST CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES IN
CONNECTION WITH ANY DAMAGE, CLAIM, LIABILITY PERSONAL INJURY, OR WRONGFUL DEATH COVERED BY ANY SUCH POLICY. CONTRACTOR SHALL PROVIDE THIRTY (30)
DAYS WRITTEN NOTICE TO CITY BEFORE ANY CANCELLATION OR CHANGE IN THE
REQUIRED COVERAGE, SCOPE OR AMOUNT OF ANY SUCH
POLICY/POLICIES/ENDORSEMENT(S).
CONTRACTOR SHALL PROVIDE CERTIFICATES OF SUCH POLICIES OR OTHER EVIDENCE
OF COVERAGE SATISFACTORY TO CITY'S RISK MANAGER, TO CITY AT THE
COMMENCEMENT OF THIS AGREEMENT, AND ON RENEWAL OF THE POLICY, OR POLICIES, NOT LATER THAN TWENTY (20) DAYS BEFORE EXPIRATION OF THE TERMS OF ANY SUCH POLICY.
TERMINATION. THIS AGREEMENT MAY BE TERMINATED BY CITY UPON TEN (10) DAYS WRITTEN NOTICE TO CONTRACTOR. MONIES THEN OWING BASED UPON WORK SATISFACTORILY ACCOMPLISHED SHALL BE PAID TO CONTRACTOR.
CHANGES. THIS AGREEMENT SHALL NOT BE ASSIGNED OR TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE CITY. NO CHANGES OR VARIATIONS TO THIS
AGREEMENT OF ANY KIND ARE AUTHORIZED WITHOUT THE WRITTEN CONSENT OF THE CITY'S PURCHASING MANAGER.
AUDITS. CONTRACTOR AGREES TO PERMIT CITY TO AUDIT, AT ANY REASONABLE TIME DURING THE TERM OF THIS AGREEMENT AND FOR THREE (3) YEARS THEREAFTER, CONTRACTOR'S RECORDS PERTAINING TO MATTERS COVERED BY THIS AGREEMENT.
CONTRACTOR FURTHER AGREES TO MAINTAIN SUCH RECORDS FOR AT LEAST THREE (3) YEARS AFTER THE TERM OF THIS AGREEMENT.
NO IMPLIED WAIVER. NO PAYMENT, PARTIAL PAYMENT, ACCEPTANCE, OR PARTIAL
ACCEPTANCE BY CITY SHALL OPERATE AS A WAIVER ON THE PART OF CITY OF ANY OF ITS RIGHTS UNDER THIS AGREEMENT.
CITY'S PROPERTY. TITLE TO CITY'S PROPERTY FURNISHED TO CONTRACTOR SHALL REMAIN IN THE CITY. CONTRACTOR SHALL NOT ALTER OR USE PROPERTY FOR ANY
PURPOSE, OTHER THAN THAT SPECIFIED BY CITY, OR FOR ANY OTHER PARTY WITHOUT THE PRIOR WRITTEN CONSENT OF CITY. CONTRACTOR SHALL STORE PROTECT,
PRESERVE, REPAIR AND MAINTAIN SUCH PROPERTY IN ACCORDANCE WITH SOUND PROFESSIONAL PRACTICE, AT CONTRACTOR'S EXPENSE.
NON-DISCRIMINATION. CONTRACTOR SHALL NOT DISCRIMINATE IN EMPLOYMENT OF
ANY PERSON BASED ON RACE, SKIN COLOR, GENDER, GENDER IDENTITY, AGE,
RELIGION, DISABILITY, NATIONAL ORIGIN, ANCESTRY, SEXUAL ORIENTATION,
PREGNANCY, GENETIC INFORMATION OR CONDITION, HOUSING STATUS, MARITAL OR FAMILIAL STATUS, WEIGHT OR HEIGHT OF SUCH PERSON.
WARRANTY. CONTRACTOR EXPRESSLY WARRANTS THAT ALL MATERIALS AND
SERVICES COVERED BY THIS AGREEMENT SHALL CONFORM TO THE SPECIFICATIONS,
REQUIREMENTS, INSTRUCTIONS, OR OTHER DESCRIPTIONS UPON WHICH THIS
AGREEMENT IS BASED, SHALL BE FIT AND SUFFICIENT FOR THE PURPOSE INTENDED, OF
GOOD MATERIAL AND WORKMANSHIP AND FREE FROM DEFECT AND THAT MATERIALS
AND SERVICE OF CONTRACTOR'S DESIGN WILL BE FREE FROM DEFECT IN DESIGN,
INSPECTION, TEST, ACCEPTANCE, PAYMENT OR USE OF THE GOODS FURNISHED HEREUNDER SHALL NOT AFFECT THE CONTRACTOR#S OBLIGATION UNDER THIS
WARRANTY, AND SUCH WARRANTIES SHALL SURVIVE INSPECTION, TEST ACCEPTANCE AND USE. CONTRACTOR AGREES TO REPLACE, RESTORE, OR CORRECT DEFECTS OF
ANY MATERIALS OR SERVICES NOT CONFORMING TO THE FOREGOING WARRANTY
PROMPTLY, WITHOUT EXPENSE TO CITY, WHEN NOTIFIED OF SUCH NONCONFORMITY BY CITY. IN THE EVENT OF FAILURE BY CONTRACTOR TO CORRECT DEFECTS IN OR REPLACE NONCONFORMING GOOD OR SERVICES PROMPTLY. CITY, AFTER REASONABLE
NOTICE TO CONTRACTOR, MAY MAKE SUCH CORRECTIONS OR REPLACE SUCH
MATERIALS OR SERVICES AND CHARGE CONTRACTOR FOR THE COST INCURRED BY THE CITY THEREBY.
WORKERS' COMPENSATION. CONTRACTOR, BY ACCEPTING THIS AGREEMENT,
CERTIFIES THAT IT IS AWARE OF THE PROVISIONS OF THE CALIFORNIA LABOR CODE WHICH REQUIRE EVERY EMPLOYER TO BE INSURED AGAINST LIABILITY FOR WORKERS#
COMPENSATION OR TO UNDERTAKE SELF-INSURANCE IN ACCORDANCE WITH THAT
CODE, AND CERTIFIES THAT IT WILL COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING THE PERFORMANCE OF THE WORK OF THIS AGREEMENT.
PRICE TERMS.
(a) EXTRA CHARGES, INVOICES AND PAYMENT. NO EXTRA CHARGES OF ANY KIND WILL BE ALLOWED UNLESS SPECIFICALLY AGREED TO IN WRITING BY CITY.; ALL STATE
AND FEDERAL EXCISE, SALES, AND USE TAXES SHALL BE STATED SEPARATELY ON THE INVOICES.
(b) TRANSPORTATION CHARGES. ANY TRANSPORTATION CHARGES WITH RESPECT
TO WHICH CONTRACTOR IS ENTITLED TO RECEIVE REIMBURSEMENT SHALL BE ADDED
TO CONTRACTOR'S' INVOICE AS A SEPARATE ITEM, WITH THE RECEIPTED FREIGHT BILL ATTACHED THERETO.
(c) CONTRACTOR WARRANTS THAT THE PRICES FOR MATERIALS OR SERVICES
SOLD TO CITY UNDER THIS AGREEMENT ARE NOT LESS FAVORABLE THAN THOSE
CURRENTLY EXTENDED TO ANY OTHER CUSTOMERS OF THE SAME OR LIKE ARTICLES OR SERVICES IN EQUAL OR LESS QUANTITIES. IN EVENT CONTRACTOR REDUCES ITS
PRICE FOR SUCH MATERIALS OR SERVICES DURING THE TERM OF THIS AGREEMENT, CONTRACTOR AGREES TO REDUCE THE PRICES OR RATES HEREOF CORRESPONDINGLY.
SCHEDULES OR DELIVERY. TIME IS OF THE ESSENCE OF THIS AGREEMENT.
CONTRACTOR AGREES TO COMPLY WITH THE SPECIFIC SCHEDULE PROVIDED BY THE
CITY OR AGREED UPON HEREIN WITHOUT DELAY AND WITHOUT ANTICIPATING CITY'S REQUIREMENTS. CONTRACTOR ALSO AGREES NOT TO MAKE MATERIAL COMMITMENTS
OR SCHEDULING ARRANGEMENTS IN EXCESS OF THE REQUIRED AMOUNT OR IN
ADVANCE OF THE TIME NECESSARY TO MEET THE SCHEDULE(S) OF THIS AGREEMENT, IF ANY.
PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR SHALL COMPLY WITH ALL REQUIREMENTS OF THE PALO ALTO MUNICIPAL CODE CHAPTER 4.62 (CITYWIDE MINIMUM WAGE), AS AMENDED FROM TIME TO TIME. IN PARTICULAR, FOR ANY
EMPLOYEE OTHERWISE ENTITLED TO THE STATE MINIMUM WAGE, WHO PERFORMS
CITY OF PALO ALTO
SVS Rev. 04/14/2021
PURCHASE ORDER TERMS AND CONDITIONS
AT LEAST TWO (2) HOURS OF WORK IN A CALENDAR WEEK WITHIN THE GEOGRAPHIC
BOUNDARIES OF THE CITY, CONTRACTOR SHALL PAY SUCH EMPLOYEES NO LESS THAN THE MINIMUM WAGE SET FORTH IN PALO ALTO MUNICIPAL CODE SECTION 4.62.030 FOR EACH HOUR WORKED WITHIN THE GEOGRAPHIC BOUNDARIES OF THE CITY. IN
ADDITION, CONTRACTOR SHALL POST NOTICES REGARDING THE PALO ALTO MINIMUM
WAGE ORDINANCE IN ACCORDANCE WITH PALO ALTO MUNICIPAL CODE SECTION
4.62.060.
TRANSPORTATION, PACKAGING & LABELING. ALL MATERIALS OR SERVICES ARE TO BE PROVIDED (a) F.O.B. PALO ALTO UNLESS OTHERWISE SPECIFIED; (b) WITH A PACKING
LIST ENCLOSED IN CARTONS, WHICH INDICATE THE AGREEMENT NUMBER, EXACT QUANTITY AND DESCRIPTIONS, CONCERNING ANY MATERIAL SHIPMENTS; (c) AND
COMPLY WITH CURRENT PACKAGING AND LABELING REQUIREMENTS PRESCRIBED BY D.O.T.
ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS. Contractor agrees to comply with the City#s Environmentally Preferred Purchasing Requirements. (1) Hazardous Waste:
Contractor shall take-back all spent or otherwise discarded hazardous products sold to the City by the Contractor if the spent or discarded products are classified as hazardous or universal wastes by State or Federal regulations. Contractor shall provide convenient collection and recycling services (or disposal services if recycling technology is unavailable) for all universal wastes, which originate from the Vendor. Hazardous waste manifests or bills of lading must be provided to City staff upon request. Recycling and reuse of hazardous wastes must occur within the United States. Universal waste lists and information are available www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is available at http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm. Additional information can be obtained by contacting the City of Palo Alto Hazardous Waste Department at (650) 496-6980.
(2) Zero Waste and Pollution Prevention:
Per Palo Alto City Council policy, the City is targeting to achieve Zero Waste by 2021. The City must also meet Municipal Regional Stormwater Permit requirements requiring no visible impact from litter via stormdrains by 2022. To that end the vendor, manufacturer and or contractor must individually or collaboratively comply with the waste reduction, reuse and recycling requirements of the City#s Zero Waste and Pollution Prevention Programs. Seller acknowledges and agrees that if Seller fails to fully and satisfactorily comply with these requirements, the City will suffer, as a result of Seller#s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Therefore, the Seller agrees that in addition to all other damages to which the City may be entitled, in the event Seller fails to comply with the below requirements Seller shall pay City as liquidated damages the amounts specified below. The liquidated damage amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer as a result of such non-compliance.
Sellers shall adhere to the standard that all printed materials provided to the City that are generated from a personal computer and printer including, proposals, quotes, invoices, reports, and public education materials shall be double-sided, printed on a minimum of 30% post-consumer content paper or greater unless otherwise approved by the City#s Environmental Services Division (650) 329-2117. Materials printed by a professional printing company shall be a minimum of 30% post-consumer material or greater and printed with vegetable-based inks. Liquidated damages of $30 per document will be assessed by City for failure to adhere to this requirement;
All paper packaging must be Forest Stewardship Council (FSC) Certified.
All primary, secondary and shipping (tertiary) packaging be minimized to the maximum extent feasible while protecting the product being shipped.
All primary, secondary and shipping packaging shall be recyclable in the City#s recycling program. A complete list of items accepted for recycling are found at www.zerowastepaloalto.org or by calling (650) 496-5910. If any portion is received that does not meet this requirement, liquidated damages of $235 or a minimum of $50 if the combined product and shipping cost is $235 or less will be assessed by City for failure to adhere to this requirement.
Expanded foam plastics (e.g., foam or cushion blocks, trays, packing #peanuts#), such as but not limited to polystyrene (aka Styrofoam
TM
), polypropylene, or polyurethane shall not
be used as primary, secondary or tertiary/shipping packaging with the following exceptions:
o Primary packaging made from these materials may be used if the vendor, manufacturer, contractor individually or collaboratively does one of the following:
o takes the material back at the City's convenience and at no cost to the City, or o pays the City of Palo Alto's disposal costs via payment of liquidated damages of $235, or a minimum of $50 if the combined product and shipping cost is $235 or less.
o Bioplastics that meet ASTM D6400 standards for compostability may be accepted with approval from the City's Environmental Services Division subject to local municipal compost facility requirements.
o If approved by the City's Environmental Services Division, a packaging requirement may be waived if no other viable packaging alternative exists. (3) Energy and Water Efficiency:
Contractor shall provide products with an ENERGY STAR, Water Sense or State of California standard rating, whichever is more efficient, when ratings exist for those products. A life cycle cost analysis shall be provided to the City upon request and shall at minimum include:
first cost, operating costs, maintenance costs, and disposal costs.
Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and Utilities programs:
Hazardous Waste Program (Public Works)
(650) 496-6980
Zero Waste Program (Public Works)
(650) 496-5910
Watershed Protection
(650) 329-2117
Energy Efficiency
(650) 496-2244
(4) Liquidated Damages:
Contractor agrees that failure to comply with the City's Environmentally Preferred Purchasing Requirements will result in Liquidated Damages, according to the table marked Liquidated Damages on page 3 of these P.O. Terms and Conditions.
Event of Non-Performance
Recycled Paper Use
Failure to use 50% recycled content paper
Recyclable Packaging Materials
Failure of Contractor to Use secondary and shipping packaging that is recyclable in the City's recycling program.
Expanded Foam Plastics
Unapproved use of expanded foam plastics for secondary or shipping packaging
Pallet Use
Failure of Contractor to take-back and reuse pallets, recycling only broken pallets, at no additional cost to the City.
Acceptable Performance Level
(Allowed events per Fiscal Year)
1 1
0 1
Liquidated Damage Amount
$30 per each document
$235 or a minimum of $50 if the combined product
and shipping cost is $250 or less will be incurred if
this is not adhered to.
$235 or a minimum of $50 if the combined product
and shipping cost is $235 or less
$262 or a minimum of $50 if the combined product
and shipping cost is $2 or less
CITY OF PALO ALTO
SVS Rev. 04/14/2021
PURCHASE ORDER TERMS AND CONDITIONS
NONCOMPLIANCE WITH ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES:
The following table lists the events that constitute breaches of the Agreement's standard of performance warranting the imposition of liquidated damages; the acceptable performance level, and the amount of liquidated damages for failure to meet the contractually required standards of performance.