HomeMy WebLinkAboutContract 58661 FORT WORTH CSC No.58661
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Carahsoft
Technology Corporation ("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—Carahsoft Quote 36154950;
3. Exhibit B—Texas Department of Information Resources DIR-TSO-4288;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 fee schedule in Exhibit A and in accordance with
the provisions of this Agreement. Total payment made under this Agreement for the first year by City
shall not exceed the amount of One Hundred Eighty-Eight Thousand, Six Hundred Fifty-Nine and
38/100 dollars ($188,659.38). Total payment made under this Agreement for the second year by City,
provided the City Council of the City of Fort Worth appropriates funding to fulfill the requirements of
the contract, shall not exceed the amount of One Hundred Eighty-Eight Thousand, Six Hundred Fifty-
Nine and 38/100 dollars ($188,659.38).Vendor shall not provide any additional items or services or bill
for expenses incurred for City not specified by this Agreement unless City requests and approves in
writing the additional costs for such services. 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 November 20, 2024. 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
OFFICIAL RECORD
Cooperative Purchase CITY SECRETARY Page 1 of 15
FT.WORTH,TX
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
To CITY: To VENDOR:
City of Fort Worth Carahsoft Technology Corporation
Attn: Valerie Washington, Assistant City ATTN: Legal Department
Manager 11493 Sunset Hills Road, Suite 100
200 Texas Street Reston, VA 20190
Fort Worth, TX 76102-6314 Facsimile: 703-871-8505
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 8, 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-
Cooperative Purchase Page 2 of 15
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.
Data Breach. Vendor further agrees that it will monitor and test its data safeguards from
time to time, and further agrees 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.
Cooperative Purchase Page 3 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:
VW--IJA— By signing I acknowledge that I am the person
By. Valerie Washington(Dec 28,202216:41 CST) responsible for the monitoring and administration
Name: Valerie Washington of this contract,including ensuring all performance
Title: Assistant City Manager and reporting requirements.
Date: Dec 28, 2022
APPROVAL RECOMMENDED: By: Steven Vandever(Dec 21,202215:07 CST)
Name: Steven Vandever
Title: Sr. IT Solutions Manager
By: APPROVED AS TO FORM AND LEGALITY:
Name: Kevin Gunn
Title: IT Solutions Director
ATTEST: 444onn n
�RT�ao By.
pro 0 Name: Taylor Paris
po°s sxd Title: Assistant City Attorney
�0��0`1GI�iy C70`1T.Gt�P1' aQ a°TezAsaa p
By, for Ronald P.Gonzales(Dec 29,202213:32 CST) �baoaaao CONTRACT AUTHORIZATION•
Name: Jannette Goodall M&C: 22-0937
Title: City Secretary Approved: November 29,2022
Form 1295: 2022-950312
VENDOR:
Carahsoft Technology Corporation
By:
Name: Kristina Smith
Title: Contracts Director
Date: 12-21-22
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Cooperative Purchase Page 4 of 15
Exhibit A
Carahsoft Technology Corporation Quote 36154950
GOVERNMENT-PRICE QUOTATION
aCC ASG Technologies at Carahsoft carahsoftm
MJg 11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON,VIRGINIA 20190
PHONE(703)871-8500 1 FAX(703)871-8505 1 TOLL FREE(888)66CARAH
technologies' WWW.CARAHSOFT.COM ASG@CARAHSOFT.COM
TO: Kathy Agee-Dow FROM: Hoai Vu
City of Fort Worth Carahsoft Technology Corp.
200 Texas St ASG Technologies Team
Fort Worth,TX 76102 USA 11493 Sunset Hills Road
Suite 100
Reston,Virginia 20190
EMAIL: Kathryn.Agee-Dow@fortworthtexas.gov EMAIL: Hoai.Vu@carahsoft.com
PHONE: (817)392-8461 PHONE: (571)662-3351 FAX: (703)871-8505
TERMS: DIR Contract No.DIR-TS0-4288 QUOTE NO: 36154950
Expiration Date:February 21,2025 QUOTE DATE: 1 0/0 712 0 2 2
FTIN:52-2189693 QUOTE EXPIRES: 12/06/2022
Shipping Point:FOB Destination RFQ NO:
Credit Cards:VISA/MasterCard/AMEX
Remit To:Same as Above SHIPPING: ESD
Payment Terms:Net 30(On Approved Credit) TOTAL PRICE: $377,318.76
Texas VID#:1522189693700
Sales Tax May Apply
TOTAL QUOTE: $377,318.76
LINE NO. PART NO. DESCRIPTION GA PRICE QUOTE PRICE CITY EXTENDED PRICE
1 ASGRocket-1PS- One(1)Production Server,License $356,250.00 $188,659.38 TX DIR 1 $188,659.38
679 Subscription 1 Year
Mobius Production Server
License Subscription(11/21/2022-
11/20/2023)
2 ASGRocket-1PS- One(1)Production Server,License $356,250.00 $188,659.38 TX DIR 1 $188,659.38
679 Subscription 1 Year
Mobius Production Server
License Subscription(11/21/2023-
11/20/2024)
CONFIDENTIAL QUOTE DATE: 10/07/2022
PAGE 1 of 3 QUOTE NO: 36154950
Cooperative Purchase Page 5 of 15
GOVERNMENT- PRICE QUOTATION
lak ASG Technologies at Carahsoft carahsoft.
technologies'
11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON,VIRGINIA 20190
PHONE(703)871-8500 1 FAX(703)871-8505 1 TOLL FREE(888)66CARAH
WWW.CARAHSOFT.COM I ASG@CARAHSOFT.COM
LINE NO. PART NO. DESCRIPTION GA PRICE QUOTE PRICE QTY EXTENDED PRICE
Client may continue to use the ASG-DocumentDirect®for the Internet-NT Licensed Products through TOTAL PRICE: $377,318.76
February 20,2023.As of February 21,2023,the right to use the ASG-DocumentDirect®for the Internet-NT
Licensed Products shall expire and the right to use any of these Licensed Products shall be terminated and
Client shall abide by the termination provisions of the Agreement. TOTAL QUOTE:Q $377,378.76
Effective February 21,2023 Client will be licensed for the following configuration:
One(1)Production Server
Mobius®-Windows-1 Server
Mobius®-Windows-Advanced Laser Printing-1 Server
Mobius®-Windows-Network Server Access-S0 Sessions
Mobius®-Windows-Packet Production-1 Server
Mobius®-Windows-PCL-1 Server
Mobius®-Windows-Post Script(PS)-1 Server
One(1)Production Server
Mobius View'"Windows-1 Server
Mobius View'"Windows-Annotations-50 Sessions
Mobius View—Windows-Capture-1 Server
Mobius ViewT"Windows-Data Miner-50 Sessions
Mobius ViewT"Windows-Open Systems Repository Access-50 Sessions
Mobius ViewT"Windows-PCL-50 Sessions
Mobius ViewT"Windows-PDF-SO Sessions
Mobius ViewT"Windows-Post Script(PS)-50 Sessions
Mobius ViewT"Windows-Viewer-1 Server
Partner agrees to pay Carahsoft as follows:
Payment 1:$188,659.38
Date:11/21/2022
Payment 2:188,659.38
Date:11/21/2023
The following payment commitment language must be included in Proposal to the Customer:
"Should this Agreement be terminated prior to November 21,2024 by(i)Client for convenience or III)
ASG upon a breach by Client,which breach remains uncured after sixty(60)days'notice thereof,of
any material term,condition,representation or warranty of this Agreement,any unpaid portion of the
Total Fee shall immediately become due and payable hereunder.
The continuation of this contract is contingent upon the appropriation by the legislature or federal
funding source of funds to fulfill the requirements of the contract.If sufficient funds as determined by
the user agency are not appropriated to provide for continuation of a contract,the contract shall
terminate on the first date in any fiscal year on which sufficient funds are no longer available.Client
will give thirty(30)days or as much notice as possible of an appropriation problem.Client agrees a)not to
effect termination under this provision for the purpose of replacing these items with functionally similar
items provided by another vendor;
b)that it will use its best efforts to obtain approval of necessary funds to continue the contract or order
by taking the
appropriate action to request adequate funds to continue the contract in force;and c)that this provision
is not considered a convenience termination."
DESIGNATED INSTALLATION LOCATION:
200 Texas Street
Fort Worth,Texas 76102
END TERMS
—Licensee agrees that any order for ASG Technologies licenses and support will be governed by the ASG
ELILA found at:
https://static.ca ra hsoft.co m/concrete/fi les/8915/9741/8493/G SA_Approved_SLA_for_ASG_Federa I.pdf
Licensee acknowledges it has had the opportunity to review the Agreement,prior to executing an order.
CONFIDENTIAL QUOTE DATE: 10/07/2022
PAGE 2 of 3 QUOTE NO: 36154950
Cooperative Purchase Page 6 of 15
GOVERNMENT- PRICE QUOTATION
[mg-1ASG Technologies at Carahsoft carahsoft.
technologies'
11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON,VIRGINIA 20190
PHONE(703)871-8500 1 FAX(703)871-8505 1 TOLL FREE(888)66CARAH
WWW.CARAHSOFT.COM I ASG@CARAHSOFT.COM
LINE NO. PART NO. DESCRIPTION GA PRICE QUOTE PRICE QTY EMENDED PRICE
SUBTOTAL: $377,318.76
CONFIDENTIAL QUOTE DATE: 10/07/2022
PAGE 3 of 3 QUOTE NO: 36154950
Cooperative Purchase Page 7 of 15
Exhibit B
Carahsoft Technology Corporation DIR-TSO-4288
Contract Number
C y^��}1� Contract Term Date: 02/21/23 OO
DIR— 1T O—4 2 V V Contract Expiration Date: 02/21/25
Vendor Information
Carahsoft Technology VENDOR CONTACT: DIR CONTACT:
Corporation Mahlet Sergis r Mario Gutierrez Cr
Phone:(703) 581-6632 Phone:(512)463-8989
Vendor ID: 1522189693700 Fax:(703) 871-8505
HUB Type: Non HUB (2) Vendor Website Cr
RFC: DIR-TSO-TMP-416
Contract Status: Active
Contract Overview
Carahsoft Technology Corporation offers Software,including Software as a Service,Products and Related Services.
Carahsoft offers multiple brands including DocuSign and Salesforce.Customers can purchase directly through this DIR
contract.Contracts may be used by state and local government,public education,other public entities in Texas,as well
as public entities outside the state.There are numerous resellers listed for this contract whose brand offerings vary,
please contact resellers for their current selection of available brands.
Cooperative Purchase Page 8 of 15
DIR Contract No. DIR-TSO-4288
Vendor Contract No.
STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES
CONTRACT FOR PRODUCTS AND RELATED SERVICES
Carahsoft Technology Corporation
1. Introduction
A. Parties
This Contract for products and related 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 151h Street, Suite 1300, Austin, Texas 78701, and Carahsoft
Technology Corporation (hereinafter "Vendor"), with its principal place of business at 1860
Michael Faraday Drive,Suite 100,Reston,Virginia 20190.
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-TSO-TMP-416, on 2/26/2018, for Software Prod ucts,Software as a
Service, and Enterprise Resource Planning Software Modules Products and Services. Upon
execution of this Contract,a notice of award for RFO DIR-TSO-TMP-416 shall be posted by DIR on
the Electronic State Business Daily.
C. Order of Precedence
For purchase transactions under this Contract,the order of precedence shall be as follows:this
Contract; Appendix A, Standard Terms and Conditions For Products and Related Services
Contracts; Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan;
Appendix C, Pricing Index; Exhibit 1,Vendor's Response to RFO DIR-TSO-TMP-416,including all
addenda; and Exhibit 2, RFO DIR-TSO-TMP-416, including all addenda; are incorporated by
reference and constitute the entire agreement between DIR and Vendor governing purchase
transactions.In the event of a conflict between the documents listed in this paragraph related to
purchases,the controlling document shall be this Contract,then Appendix A,then Appendix B,
then Appendix C,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 last date of approval by
DIR and Vendor,with two(2)optional two-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 60 days in advance of the renewal date stating that the party
wishes to discuss modification of terms or not renew. Additionally, the parties by mutual
agreement may extend the term for up to ninety(90)additional calendar days.
Department of Information Resources Page 1 of 5 (DIR rev 03/2018)
Cooperative Purchase Page 9 of 15
DIR Contract No. DIR-TSO-4288
Vendor Contract No.
3. Product and Service Offerings
A. Products
Products available under this Contract are limited to Software Products,Software as a Service,
and Enterprise Resources Planning Software Modules Products and Related Service as
specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product
offering;however,any changes must be within the scope of products awarded based on the
posting described in Section 13 above. Vendor may not add a manufacturer's product line
which was not included in the Vendor's response to the solicitation described in Section 1.6
a bove.
B. Services
Services available under this Contract are limited to Services as specified in Appendix C,Pricing
Index.Vendor may incorporate changes to their service offering;however,any changes must
be within the scope of services awarded based on the posting described in Section 1.13 above.
C. Emerging Technologies and Future Acquisitions
DIR recognizes that technology is ever-evolving and advancing. DIR reserves the right to
consider the addition of emerging technology such as next generation,enhancements and
upgrades for products and services that are within the scope the solicitation described in
Section 1.13 above.Vendor may propose such products and services throughout the term of
the contract. Pricing and terms will be negotiated upon DIR acceptance.Any determination
will be at DIR's sole discretion and any decision will be final.In addition,Texas DIR and Vendor
may mutually agree to add future acquisitions of Vendor to the contract.Subsequent terms
of the acquisition(s)and pricing will be mutually agreed upon in writing and amended under
the contract.
4. Pricing
Pricingto the DIR Customer shall be as set forth in Appendix A,Section 8,Pricing,Purchase Orders,
Invoices and Payment, and as set forth in Appendix C, Pricing Index,and shall include the DIR
Administrative Fee.
5. DIR Administrative Fee
A)The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to
Customers pursuant to this Contract three quarters percent(.75%).Payment will be calculated
for all sales, net of returns and credits. For example, the administrative fee for sales totaling
$100,000 shall be$750.00.
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
Vendor without further requirement for a formal contract amendment. Any change in the
administrative fee shall be incorporated in the price to the Customer.
6. Notification
All notices under this Contract shall be sent to a party at the respective address indicated below.
Department of Information Resources Page 2 of 5 (DIR rev 03/2018)
Cooperative Purchase Page 10 of 15
DIR Contract No. DIR-TSO-4288
Vendor Contract No.
If sent to the State:
Kelly A Parker,CTPM,CTCM
Director,Cooperative Contracts
Department of Information Resources
300 W.15th St.,Suite 1300
Austin,Texas 78701
Phone: (512)475-1647
Facsimile:(512)475-4759
Email: kelly.parker@dir.texas.Rov
If sent to the Vendor:
Kai Hollenhorst
Carahsoft Technology Corporation
1860 Michael Faraday Drive,Suite 100
Reston,VA 20190
Phone:(703)23O-7536
Facsimile:(703)871-8505
Email: kai.hollenhorst@carahsoft.com
7. Software License Agreements
A. Shrink/Click-wrap License Agreement
Regardless of any other provision or other license terms which may be issued by Vendor after
the effective date of this Contract,and irrespective of whether any such provisions have been
proposed prior to or after the issuance of a Purchase Order for products licensed under this
Contract, or the fact that such other agreement may be affixed to or accompany software
upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall
supersede and govern the license terms between Customers and Vendor. It is the
Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine
if the Customer accepts the license terms as amended by this Contract. If the Customer
does not agree with the license terms,Customer shall be responsible for negotiating with
the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement
language from the software publisher.
B. Conflicting or Additional Terms
In the event that conflicting or additional terms in Vendor Software License Agreements,
Shrink/Click Wrap License Agreements, Service Agreements or linked or supplemental
documents amend or diminish the rights of DIR Customers or the State,such conflicting or
additional terms shall not take precedence over the terms of this Contract.
In the event of a conflict,any linked documents may not take precedence over the printed or
referenced documents comprising this contract; provided further that any update to such
linked documents shall only apply to purchases or leases of the associated Vendor product or
service offering after the effective date of the update;and,provided further,that,if Vendor
has responded to a solicitation or request for pricing,no update of such linked documents on
Department of Information Resources Page 3 of 5 (DIR rev 03/2018)
Cooperative Purchase Page 11 of 15
DIR Contract No. DIR-TSO-4288
Vendor Contract No.
or after the initial date of Vendor's initial response shall apply to that purchase unless Vendor
directly informs Customer of the update before the purchase is consummated.
In the event that different or additional terms or conditions would otherwise result from
accessing a linked document,agreement to said linked document shall not be effective until
reviewed and approved in writing by Customer's authorized signatory.
Vendor shall not [without prior written agreement from Customer's authorized signatory,]
require any document that: 1) diminishes the rights, benefits, or protections of the
Customer, or that alters the definitions, measurements, or method for determining any
authorized rights,benefits,or protections of the Customer;or 2)imposes additional costs,
burdens, or obligations upon Customer, or that alters the definitions, measurements, or
method for determining any authorized costs,burdens,or obligations upon Customer.
If Vendor attempts to do any of the foregoing,the prohibited documents will be void and
inapplicable to the contract between DIR and Vendor or Vendor and Customer,and Vendor
will nonetheless be obligated to perform the contract without regard to the prohibited
documents,unless Customer elects instead to terminate the contract,which in such case may
be identified as a termination for cause against Vendor.
The foregoing requirements apply to all contracts, including, but not limited to, contracts
between Customer and a reseller who attempts to pass through documents and obligations
from its Manufacturer of Publisher.
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 Vendor.
Department of Information Resources Page 4 of 5 (DIR rev 03/2018)
Cooperative Purchase Page 12 of 15
DIR Contract No. DIR-TSO-4288
Vendor Contract No.
This Contract is executed to be effective as of the date of last signature.
Carahsoft Technology Corporation
Authorized By: Signature on File
Name: Kai Hollenhorst
Title: Contract Specialist
Date.• 2/12/19
The State of Texas,acting by and through the Department of Information Resources
Authorized By: Signature on File
Name: Hershel Becker
Title: Chief Procurement Officer
Date: 2/21/19
Office of General Counsel: mh 2/21/19
Department of Information Resources Page 5 of 5 (DIR rev 03/2018)
Cooperative Purchase Page 13 of 15
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).
By law 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-J 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 F-1 No
9 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
ElCheck 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
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT 11
Create New From This M&C
REFERENCE **M&C 22- 04CARAHSOFT ASG MOBIUS
DATE: 11/29/2022 NO.: 0937 LOG NAME: VIEW SUBSCRIPTION COOP
AGREEMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL)Authorize Execution of an Agreement for a Software Subscription for Reporting
Requirements with Carahsoft Technology Corporation in the Amount of$188,660.00 for
the First Year for the Information Technology Solutions Department Using a Cooperative
Purchasing Agreement with Two Options to Renew
RECOMMENDATION:
It is recommended that City Council authorize execution of an agreement for a software subscription
for reporting requirements used by the Financial Management Services Department and Code
Compliance Department with Carahsoft Technology Corporation in the amount of$188,660.00 for the
first year using cooperative purchasing agreement Texas Department of Information Resources DIR-
TSO-4288 with two one-year renewal options.
DISCUSSION:
With a partnership between Carahsoft Technology Corporation and ASG Technologies to bring ASG's
Enterprise Data Intelligence and Content Solutions to governement agencies at the federal, state and
local levels, the City has utilized software from ASG Technologies called ViewDirect and Mobius
DocumentDirect for many years. This software provides the capture, retention and online viewing
capabilities of reports generating from server-based applications. Financial Management Services
and Code Compliance Departments are the main users of the software. The Information Technology
Solutions Department(ITS) maintains and supports this system for its users.
The departments also use the product to retrieve and review historical reports. The DocumentDirect
product is reaching end of life support from the vendor and will no longer be supported, nor licensed
for use. This requires that ITS move to the ASG Technologies new product Mobius View. Without this
transition to their updated, supported product, ITS, Financial Management Services, and Code
Compliance will lose access to not only create new reports for storing in Mobius View, but also lose
access to existing historical reports which go back numerous years in the past.
COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a
cooperative purchasing agreement satisfies State laws requiring that the local government seek
competitive bids for purchase of the item. Cooperative contracts have been competitively bid to
increase and simplify the purchasing power of local government entities across the State of Texas.
SUCCESSOR CONTRACTS: In the event the Texas Department of Information Resources (DIR)
agreement is not renewed, staff would cease purchasing at the end of the last purchase agreement
coinciding with a valid DIR agreement. If the City Council were to not appropriate funds for a future
year, staff would stop making purchases when the last appropriation expires, regardless of whether
the then-current purchase agreement has expired.
The City will initially use the DIR contract to make purchases authorized by this Mayor and Council
Communication (M&C). The Cooperative Contract is set to expire February 21, 2025. If DIR-TSO-
4288 is extended, this M&C authorizes the City to purchase similar equipment and supplies under the
extended contract. If DIR-TSO-4288 is not extended but DIR executes a new cooperative contract
with Carahsoft Technology Corporation and with substantially similar terms, this M&C authorizes the
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30489&councildate=11/29/2022 11/30/2022
M&C Review Page 2 of 2
City to purchase the services under the new DIR contract. If this occurs, in no event will the City
continue to purchase services under the new agreement for more than three (3)years without seeking
Council approval.
BUSINESS EQUITY: A goal is not assigned when purchasing from an approved purchasing
cooperative or public entity.
AGREEMENT TERM: Upon City Council approval, the Agreement will become effective and expire
February 21, 2023 in accordance with the DIR contract. The agreement may be renewed on an
annual basis thereafter.
RENEWAL OPTIONS: This agreement may be renewed up to two one-year renewal terms at the
City's option. This action does not require specific City Council approval provided that the City Council
has appropriated sufficient funds to satisfy the City's obligations during the renewal terms.
ADMINISTRATIVE CHANGE ORDER-An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
Funding is budgeted in the Other Contractual Services account within the Information Technology
Solutions Department's Info Technology Systems Fund.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budget, as previously appropriated, in the Info Technology Systems Fund. Prior to
an expenditure being incurred, the Information Technology Solutions Department has the
responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Valerie Washington (6192)
Originating Department Head: Kevin Gunn (2015)
Additional Information Contact: Mark Deboer(8598)
ATTACHMENTS
04CARAHSOFT ASG MOBIUS VIEW SUBSCRIPTION COOP AGREEMENT funds availability.pdf (CFW Internal)
FID Table Carahsoft ASG Mobius.xlsx (CFW Internal)
Form 1295 Certificate 100973889 ASG Rocket- Fort Worth.pdf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30489&councildate=11/29/2022 11/30/2022