HomeMy WebLinkAboutContract 57876 FORT WORTH CSC No. 57876
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement("Agreement") is entered into by and between Internal Data
Resources, Inc. dba IDR ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule
municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A—Texas Department of Information Resources DIR-CPO-4529 Pricing Index;
3. Exhibit B—Texas Department of Information Resources DIR-CPO-4529; and
4. Exhibit C—Conflict of Interest Questionnaire.
Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in
Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto.
City shall pay Vendor in accordance with the pricing index in Exhibit A and the provisions of
this Agreement. Total payment made annually under this Agreement by City shall not exceed One
Hundred Thousand and 00/100 dollars ($100,000.00).Vendor shall not provide any additional items or
services or bill for expenses incurred for City not specified by Exhibit A and this Agreement unless City
requests and approves in writing the additional costs for such items, services, and/or expenses. City shall
not be liable for any additional expenses of Vendor not specified by this Agreement unless City first
approves such expenses in writing.
The term of this Agreement shall be effective beginning on the date signed by the Assistant City
Manager below ("Effective Date") and ending on August 31, 2023. City shall be able to renew this
agreement for one (1) one-year option by written agreement of the parties.
Vendor agrees that City shall,until the expiration of three(3)years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books,documents,papers and records,
including, but not limited to, all electronic records of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other parry by United States Mail, registered, return receipt requested, addressed as
follows:
OFFICIAL RECORD
CITY SECRETARY
Cooperative Purchase Page 1 of 15
FT. WORTH, TX
To CITY: To VENDOR:
City of Fort Worth Internal Data Resources, Inc. dba IDR
Attn: Valerie Washington, Assistant City ATTN: Legal Department
Manager 5230 Avalon Blvd.
200 Texas Street Alpharetta, GA 30009
Fort Worth, TX 76102-6314 Facsimile: N/A
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office
at same address
IP Indemnification.Vendor agrees to indemnify, defend, settle, or pay, at its own cost and
expense, including the payment of attorney's fees, any claim or action against the City for
infringement of any patent,copyright,trade mark,service mark,trade secret,or other intellectual
property right arising from City's use of the Deliverable(s), or any part thereof, in accordance
with the Agreement, it being understood that the agreement to indemnify, defend, settle or pay
shall not apply if City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and
expense of payment for claims or actions against the City pursuant to this section, Vendor shall
have the right to conduct the defense of any such claim or action and all negotiations for its
settlement or compromise and to settle or compromise any such claim; however, City shall have
the right to fully participate in any and all such settlement,negotiations, or lawsuit as necessary to
protect the City's interest,and City agrees to cooperate with Vendor in doing so.In the event City,
for whatever reason, assumes the responsibility for payment of costs and expenses for any claim
or action brought against the City for infringement arising under the Agreement, the City shall
have the sole right to conduct the defense of any such claim or action and all negotiations for its
settlement or compromise and to settle or compromise any such claim; however,Vendor shall fully
participate and cooperate with the City in defense of such claim or action. City agrees to give
Vendor timely written notice of any such claim or action,with copies of all papers City may receive
relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or
expenses shall not eliminate Vendor's duty to indemnify the City under the Agreement. If the
Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained
or, if as a result of a settlement or compromise, such use is materially adversely restricted,
Vendor shall, at its own expense and as City's sole remedy, either: (a)procure for City the right to
continue to use the Deliverable(s); or(b) modify the Deliverable(s)to make them/it non-infringing,
provided that such modification does not materially adversely affect City's authorized use of the
Deliverable(s); or(c)replace the Deliverable(s)with equally suitable, compatible,and functionally
equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the
foregoing alternatives is reasonably available to Vendor, terminate the Agreement, and refund all
amounts paid to Vendor by the City, subsequent to which termination City may seek any and all
remedies available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE
SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY.
Cooperative Purchase Page 2 of 15
Data Breach. Vendor further agrees that it will monitor and test its data safeguards from
time to time, and to adjust its data safeguards from time to time in light of relevant circumstances
or the results of any relevant testing or monitoring. If Vendor suspects or becomes aware of any
unauthorized access to any financial or personal identifiable information ("Personal Data") by
any unauthorized person or third party, or becomes aware of any other security breach relating
to Personal Data held or stored by Vendor under the Agreement or in connection with the
performance of any services performed under the Agreement or any Statement(s) of Work("Data
Breach"), Vendor shall immediately notify City in writing and shall fully cooperate with City at
Vendor's expense to prevent or stop such Data Breach. In the event of such Data Breach,Vendor
shall fully and immediately comply with applicable laws, and shall take the appropriate steps to
remedy such Data Breach. Vendor will defend, indemnify and hold City, its Affiliates, and their
respective officers, directors,employees and agents,harmless from and against any and all claims,
suits,causes of action,liability,loss,costs and damages,including reasonable attorney fees,arising
out of or relating to any third party claim arising from breach by Vendor of its obligations
contained in this Section, except to the extent resulting from the acts or omissions of City. All
Personal Data to which Vendor has access under the Agreement, as between Vendor and City,will
remain the property of City. City hereby consents to the use, processing and/or disclosure of
Personal Data only for the purposes described herein and to the extent such use or processing is
necessary for Vendor to carry out its duties and responsibilities under the Agreement, any
applicable Statement(s) of Work,or as required by law.Vendor will not transfer Personal Data to
third parties other than through its underlying network provider to perform its obligations under
the Agreement,unless authorized in writing by City.Vendor's obligation to defend,hold harmless
and indemnify City shall remain in full effect if the Data Breach is the result of the actions of a
third party. All Personal Data delivered to Vendor shall be stored in the United States or other
jurisdictions approved by City in writing and shall not be transferred to any other countries or
jurisdictions without the prior written consent of City.
No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less than
$100,000, this section does not apply.Vendor acknowledges that in accordance with Chapter 2270
of the Texas Government Code, City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code.By signing this Addendum, Vendor certifies that Vendor's
signature provides written verification to City that Vendor:(1)does not boycott Israel,and(2) will not
boycott Israel during the term of the Agreement.
Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with
Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2,
the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification from the
company that it: (1)does not boycott energy companies; and(2)will not boycott energy companies
during the term of the contract. The terms "boycott energy company" and "company" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code
is applicable to this Agreement, by signing this Agreement, Vendor certifies that Contractor's
Cooperative Purchase Page 3 of 15
signature provides written verification to the City that Contractor: (1) does not boycott energy
companies; and (2)will not boycott energy companies during the term of this Agreement.
Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,
as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a
contract for goods or services that has a value of$100,000 or more that is to be paid wholly or
partly from public funds of the City with a company with 10 or more full-time employees unless
the contract contains a written verification from the company that it: (1) does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity
or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade
association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the
Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies
that Contractor's sig-nature provides written verification to the City that Contractor: (1) does not
have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm
trade association; and(2)will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement.
Cooperative Purchase Page 4 of 15
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
By: Valerie Washington(Jul 22,2022 15:22 CDT) responsible for the monitoring and administration
Name: Valerie Washington of this contract, including ensuring all performance
Title: Assistant City Manager and reporting requirements.
Date: Jul 22, 2022
APPROVAL RECOMMENDED: By: Cynthi yree(Jul20,202214:57 CDT)
Name: Cynthia Tyree
Title: Sr. IT Solutions Manager
By: APPROVED AS TO FORM AND LEGALITY:
Name: Kevin Gunn
Title: IT Solutions Director
ATTEST: o ° ° d By:
ol
ono 0_° Name: Taylor Paris
°°*d Title: Assistant City Attorney
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By, JannetteS.Goodall(Ju 23,202206:59CDT) CONTRACT AUTHORIZATION•
Name: Jannette Goodall M&C: N/A
Title: City Secretary
VENDOR:
Internal Data Resources,Inc. dba IDR
By: 'Tq�z�
Name:Katie Tansey
Title: Director of Operations
Date: 07/20/2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Cooperative Purchase Page 5 of 15
Exhibit A
Texas Department of Information Resources DIR-CPO-4529
Cooperative Agreement Pricing Index
Cooperative Purchase Page 6 of 15
Appendix C RSAC Not to Exceed Rates
Not to Exceed Rates
These rams represent the highest bill rate for each Title that a Contact Holder may propose in Response to a Customer solicitation
NOTE:Areas shaded gay(Undefined Rowe and the Specialist Level Column)are for use on Customer solicitations only.
Category TWO
Open Hourly BM
Hourly Hourly Hourly Hourly Hourly Hourly Race
D-Ops Engineer $ 36.98 S 55.47 S 73.95 S 92.44 $ 121.86 $ 16675
Systems Analyst $ 39.28 $ 58.92 $ 78.57 $ 9821 $ 119.20 $ 144.24
Applications Architect $ 34.54 $ 51.80 $ 69.07 $ 86.34 $ 108.68 $ 149.51
Business Analyst $ 34.31 $ 51.47 $ 69.62 $ 85.78 $ 98.21 $ 127.59
Cloud Solutlona Architect $ 46.47 $ 69.71 $ 92.94 $ 116.18 $ 137.36 $ 185.43
Artificial I-111WneeMachino Learning Engineer $ 38.46 $ 57.70 $ 76.93 $ 96.16 $ 117.47 $ 142.12
Developer/Prograiromer Analyst $ 20.40 S 30.60 S 40.80 $ 63.50 S 79.00 $ 104.50
Applicatlom/Software Enterprise Architect $ 36.56 $ 54.84 $ 73.13 $ 91A1 $ 116.79 $ 151.54
Development Enterprise Resource Planning(ERP)Business Analyst $ 25.35 $ 39.03 S 50.70 $ 89.20 S 102.40 $ 120.80
ERP Developer $ 29.26 $ 43.99 $ 59.51 $ 73.14 $ 114.79 $ 167.84
Mobile ApplicationsDevel $ 36.56 S 54.84 S 73.13 S 91AI $ 115.80 $ 152.32
Technical Writer $ 18.69 $ 29.03 $ 37.37 $ 46.72 $ 73.94 $ 93.79
DWW Product Managor S 40.6211 60.93 $ 81.24 S 101.54 $ 137.07 $ 193.94
Software $ 28.85 S 43.27 S 57.70 S 72.12 $ 101.57 $ 147.35
Software Developer $ 42.03 $ 63.05 $ 84.07 $ 105.08 $ 131.12 $ 144.24
Undefined Title:Applirstlane/Software Development
Database Admmishator $ 39.28 $ 58.92 $ 79.57 $ 9921 $ 119.20 $ 144.24
Data Analyst/Report Writer $ 21.95 S 32.92 S 43.89 S 54.87 $ 90.63 $ 147.25
Data/Database Data Architect $ 57.69 $ 86.54 $ 115.39 $ 144.24 $ 160.00 $ 179.60
Data
I D tabas Data Modeler $ 28.01 $ 42.01 $ 56.01 $ 70.01 6 110.71 $ 152.32
AdmiData Scientist(Big Data Engineer) $ 34.92 $ 52.38 $ 69.94 $ 87.30 $ 112.00 $ 142.24
Business Intelligence Analyst $ 23.64 $ 35.46 $ 47.29 $ 59.11 $ 95.32 $ 121.86
Undeti ed Title:Data/Databem Administration
Front-End Web Developer/Web Designer $ 17.16 $ 25.74 $ 34.32 $ 42.89 $ 70.00 $ 117.43
Web Developer $ 20,36 5 30,55 $ 40,73 $ 50.91 $ $5,00 $ 123,38
Web Development Senior Web Developer $ 31.91 $ 47.87 S 63.92 $ 79.78 $ 103.04 $ 127.40
Web Administrator $ 34.31 $ 51.47 $ 69.62 $ 85.78 $ 98.21 $ 119.20
Undefined Title:Web Developer
QA Engineer-Automated $ 24.03 $ 36.05 $ 49.06 S 60.08 $ 77.68 $ 92.17
Quality Assurance& QAtTest Manager $ 29,61 $ 44.42 $ 59.23 $ 74.03 $ 116.31 $ 144.95
Testing QA AssociatoAnalyst $ 19.59 S 29.38 S 39.17 $ 48.96 $ 59.73 $ 75.48
Undefined Title:Quality Assurance(QA)and Testing
Network Engineer $ 23.40 $ 35.10 S 46.90 $ 58.50 S 86.36 $ 127.59
Wireless Network Enpaw 21.12 It 31.68 $ 42.24 $ 52.80 $ 82.24 $ 145.20
Network Administrator $ 34.31 $ 51.47 $ 69.62 $ 85.78 $ 98.21 $ 119.20
Networking! Telecom®micatians Manager $ 29.27 $ 43.90 $ 58.53 $ 73.16 S 90.00 $ 122.86
Telecommmdcatlens Telccommunim iaas Tecbnicieu $ 29.97 S 44.95 $ 59.M $ 74.92 $ 85.78 $ 98.21
Network Operations Center(NOC)Tecl®cian $ 16.68 $ 25.02 S 33.36 $ 41.70 S 65.09 $ 96.52
Undefined Title:Networking/relewmamnicabons
Data Security Analyst $ 36.71 S 55.07 $ 73.43 $ 91.78 $ 105.08 $ 131,12
Security Administrator $ 20.87 $ 31.31 S 41.75 $ 52.19 S 95.03 $ 122.69
Network Secmfty Analyst $ 42.03 $ 63.05 $ 94.07 $ 105.08 $ 131.12 $ 158.66
Security Network Security Engine' r $ 26.45 $ 39.67 $ 52.90 $ 66.12 $ 105.66 $ 123.91
Infi-tion Security Manager $ 41.89 S 62.83 $ 83.78 S 104.72 S 139.62 $ 174.53
IT Auditor $ 36.71 $ 55.07 $ 73.43 $ 91.78 $ 105,08 $ 131,12
Undefined Title:Security
Project Manager $ 39,28 S 58.92 $ 78,57 $ 9821 $ 119,20 $ 144,24
Project Lead S 35.35 $ 53.03 $ 70.71 $ 88.39 6 125.96 $ 169.t19
Project Management P D Manager $ 41.04 $ 61.56 S 82.08 $ 102.60 S 120.87 $ 163.55
A Scr=Master $ 27,31 $ 40.97 $ 54,62 $ 6828 $ 109,68 $ 154,39
Coach Is 30.501$ 45.76 $ 61.01 $ 76.26 1 6 121.98 IS 167.65
Undefined Title:Pject Management
Page 1 of 2
Cooperative Purchase Page 7 of 15
ITSAC 445 Exhibit E NotToExceedRates v2.2
Category Title
Opm Hourly BID
Hourly I Hourly Hourly Hourly HOWIy Ho" Rate
Suppmt Technician $ 15.83 S 23.74 $ 31.65 $ 39.56 $ 58.00 $ 82.52
Help Desk Technicim S 14.83 S 22.25 S 29.66 S 37.08 5 52.55 S 65.75
Terhoical Services, Business Contmuily Analyst S 42.03 S 63.05 S 94.07 S 105.08 S 112.00 S 119.20
Help Deak product Support Analyst $ 19.45 S 27.67 $ 36.90 $ 46.12 $ 70.00 $ 101.93
do Operation Site Remoty Enrneer S 30.00 S 45.00 $ 60.00 S 75.00 S 85.62 S 95.06
Insauctor Trainer $ 23.33 S 34.99 $ 46.66 $ 58.32 $ 73.18 $ 91.75
operation
Information Technoba Chang Mamgement Managed Organizational
Service Maasgemeat 0C S 24.64 S 36.97 $ 49.29 S 61.61 S 10D.00 S 144.08
Process Improyoromyt Mara $ 24.35 $ 36.53 $ 49.70 $ 60.88 $ 92.82 $ 119.55
(ITSM Operations) Undefined Title:ITSM Opemdoo
ComrmmicaUm Coordmetms $ 15.72 $ 23.58 $ 31.43 $ 3929 $ 45.68 $ 61.94
Customer Relationship Management(CRM) S 19.51 S 29.26 S 39.02 S 48.77 $ 64.99 S 98.48
IT Marketing Digital Marketing Analyst $ 18.38 S 27.59 $ 36.77 $ 45.96 $ 56.16 $ 72.63
Web Content T@d=wVMwi&gw S 17.66 S 26.49 $ 35.32 $ 44.16 S 85.00 S 133.94
Undefined Title:IT Madmtmg
IT Contract momsm 28.01 $ 42.01 $ 56.02 $ 70.02 $ 82.24 S 120.83
Information TechnoiW IT Contiaot AdmmishatodTechnicim S 22.58 S 33.87 $ 45.16 $ 56A5 $ 64.58 $ 73.90
Contract Maoagement IT Procmemmt Techme m $ 26.I8 IT 39.26 $ 52.35 $ 65.44 $ 74.92 $ 85.78
Undefined Title:IT Contraetmg and Procuremeat
Page 2 of 2
Cooperative Purchase Page 8 of 15
Exhibit B
Texas Department of Information Resources DIR-CPO-4529
Cooperative agreement
httus:Hdir.texas.t!ov/contracts/dir-cuo-4529
Contract Number
Contract Term Date: 08/31122 0
D1 R—C Pa—4529 Contract Expiration Date: 08131124 Q
Vendor Jnformation
Internal Data Resources, VENDOR CONTACT: DIR CONTACT:
Inc. WiLl Hayes C�` Nicole Simpson Cr
Phone: (214)714-8124 Phone:(512) 475-4971
Vendor ID: 1582389124 Vendor Website
HUB Type: Non HUB QQ
RFD: DIR-CPO-TMP-445
Contract status: Actnre
Contract Overview
Internal.Data Resources,Inc.,offers Information Technology Staff Augmentation Contract(ITSAC) services through this
contract at set not-to-exceed Labor rates.Customers may competitively solicit ITSAC services through requests for
resume or statements of work(SOW). Contracts may be used by aLL eligible Customers including Texas State Agencies,
as defined by TGC 2054.003 (13),units of Local Government,as defined by TGC 2054.003 (9),cities,counties, public
school districts, municipaLities, SpeciaL Purpose Districts, Institutions of Higher Education, as defined by TEC 61,003.
assistance organizations,as defined by TGC 2175.001, Electric ReLiabiLity Council of Texas (ERGOT),Lower Colorado
River Authority (LCRA), Private Schools, as defined by TEC 5.001, Private or Independent Institutions of Higher
Education, as defined by TEC 61.003,Volunteer Fire Departments, as defined by TTC 152.001.Public Safety Entities,as
defined by 47 U.S.C.Section 1401, County hospitals, public hospitals or hospital districts, and public entities outside
Texas,as defined by TGC 2054.0565.Resellers are not available for this ITSAC contract.
Cooperative Purchase Page 9 of 15
DIR Contract No. DIR-CP0-4529
Internal Data Resources,Inc.,DBA IDR Contract No.
STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES
CONTRACT FOR SERVICES
Internal Data Resources,Inc.,DBA IDR
1 Introduction
A. Parties
This Contract for Information Technology Staff Augmentation services is entered into
between the State of Texas,acting by and through the Department of Information Resources
(hereinafter"DIR")with its principal place of business at 300 West l5t'Street,Suite 1300,
Austin,Texas 78701,and Internal Data Resources,Inc.,DBA IDR(hereinafter"Successful
Respondent"),with its principal place of business at 5230 Avalon Blvd.,Alpharetta,Georgia
30009.
B. Compliance with Procurement Laws
This Contract is the result of compliance with applicable procurement laws of the State of
Texas.DIR issued a solicitation on the Comptroller of Public Accounts'Electronic State
Business Daily,Request for Offer(RFO)DIR-CPO-TNT-445,on April 8,2020,for
Information Technology Staff Augmmentation Contract(ITSAC)services.Upon execution of
this Contract,a notice of award.for DIR-CPO-TMP-445 shall be posted by DIR on the
Electronic State Business Daily.
(7, Order of Precedence
For purchase transactions under this Contract,the order of precedence shall be as follows:
i. this Contract;
ii. Appendix A,Standard Terms and Conditions;
iii. Appendix B,Successful Respondent's Historically Underutilized Businesses
Subcontracting Plan;
iv. Appendix C,ITSAC Not-to-Exceed Rates;
V. Appendix D,ITSAC Titles and Descriptions
vi. Exhibit 1,Successful Respondent's Response to RFO DIR-CPO-TAD-445,
including all Addenda;
vii. and Exhibit 2,RFO DIR-CPO-TMP-445,including all Addenda;
are incorporated by reference and constitute the entire agreement between DIR and
Successful Respondent governing purchase transactions.In the event of a conflict between
the documents listed in this paragraph,the controlling document shall be this Contract,then
ITSAC Contract Page 1 of 4
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DIR Contract No. DIR-CP0-4529
Internal Data Resources,Inc.,DBA IDR Contract No.
Appendix A,then Appendix B,then Appendix C,then Appendix D,then Exhibit 1,and
finally Exhibit 2.In the event and to the extent any provisions contained in multiple
documents address the same or substantially the same subject matter but do not actually
conflict,the more recent provisions shall be deemed to have superseded earlier provisions.
2 Term of Contract
The initial term of this Contract shall be two(2)years commencing on the later of October 1,
2020 or the last date of approval by DIR and Successful Respondent and ending on August 31,
2022,with two(2)optional one-year renewals.Prior to expiration of each term,the contract will
renew automatically under the same terms and conditions unless either party provides notice to
the other party sixty(60)days in advance of the renewal date stating that the party wishes to
discuss modification of terms or not renew.
3 Option to Extend
The Successful Respondent agrees that DIR may require continued performance,not including
termination assistance,beyond the initial or any renewal Contract term,of any of the within
described services at the rates specified in the Contract.This option may be exercised more than
once,but the total extension of performance hereunder shall not exceed four(4)calendar months.
Such extension of services shall be subject to the requirements of the Contract,with the sole and
limited exception that the original date of termination shall be extended pursuant to this
provision.DIR may exercise this option upon thirty(30)calendar days written notice to the
Successful Respondent.
4 Service Offerings
Services available under this Contract are limited to information technology staff augumentation
services as specified in Appendix C,ITSAC Not-to-Exceed Rates.
5 Pricing
Pricing to the DIR Customer shall be as set forth in Appendix A,Standard Contract Terms
and Conditions,Section 8,Pricing,Purchase Orders,Invoices and Payment,and as limited
by Appendix C,ITSAC Not-to-Exceed Rates,and shall include the DIR Administrative Fee.
6 DIR Administrative Fee
A) The administrative fee to be paid by the Successful Respondent to DIR based on the
dollar value of all sales to Customers pursuant to this Contract is one percent(1.00%).
Payment will be calculated for all sales,net of returns and credits.For example,the
administrative fee for sales totaling$100,000 shall be$1,000.00.
ITSAC Contract Page 2 of 4
Cooperative Purchase Page 11 of 15
DIR Contract No. DIR-CP0-4529
Internal Data Resources,Inc.,DBA]DR Contract No.
B) All prices quoted to Customers shall include the administrative fee.DIR reserves the
right to change this fee upwards or downwards during the term of this Contract,upon
written notice to Successful Respondent without further requirement for a formal contract
amendment.Any change in the administrative fee shall be incorporated in the price to the
Customer.
Notification
All notices under this Contract shall be sent to a party at the respective address indicated below.
If sent to the State:
Hershel Becker,CTCM or Successor in Office
Chief Procurement Officer
Department of Information Resources
300 W. 15`h St.,Suite 1300
Austin,Texas 78701
Phone: (512)475-4700
Facsimile:(512)475-4759
Email:hershel.beckerAdintexas. og_v
If sent to the Successful Respondent:
Will Hayes
Internal Data Resources,Inc.,IDR
5230 Avalon Blvd
Alpharetta,Georgia 30009
Phone:(214)714-8124
Facsimile:(214)889-5271
Email:whayesAidr-inc.com
8 Authorized Exceptions to Appendix A,Standard Terms and Conditions for Product
and Related Services Contracts.
No exceptions have been agreed to by DIR and Successful Respondent.
ITSAC Contract Page 3 of 4
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DIR Contract No. DIR-CPO-4529
Internal Data Resources,Inc.,DBA]DR Contract No.
This Contract is executed to be effective as of the date of last signature.
Internal Data Resources,Inc.,DBA IDR
Authorized By: {{Signature on Filell
Name:Will Haves
Title:Vice President
Date: 10/1/2020
The State of Texas,acting by and through the Department of Information Resources
Authorized By: {{Signature on Filell
Name:Hershel Becker
Title: Chief Procurement Officer
Date: 10/1/2020
Office of General Counsel: l{Mark Howard)} 10/l/2020
ITSAC Contract Page 4 of 4
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Exhibit C
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
Bylaw this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
jJ Name of vendor who has a business relationship with local governmental entity.
2
❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
Name of Officer
4 Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes E-1 No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes E-1 No
6 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
6
Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts
as described in.Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Cooperative Purchase Page 14 of 15
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.leg is.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Cooperative Purchase Page 15 of 15