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HomeMy WebLinkAboutContract 55161 City Secretary Contract No. 55161 FOR* T WORTH, VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through Jesus J. Chapa, its duly authorized Deputy City Manager, and DocuSign,Inc. ("Vendor"), a California Corporation,acting by and through Carahsoft Technology Corporation,its duly authorized Prime Contractor and Distributor, and the Corporation's Contract Director, Kristina Smith, each individually referred to as a"Party"and collectively referred to as the"Parties." AGREEMENT DOCUMENTS: The Agreement documents include the following: 1. This Vendor Services Agreement; 2. Exhibit A—Scope of Services; 3. Exhibit B—Price Schedule; and 4. Exhibit C—Verification of Signature Authority Form. Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement control. 1. Scope of Services.Vendor will provide City with electronic signature services(DocuSign eSignature Business Pro for Gov—Envelopes) for the term of this Agreement. In addition, City will be provided access to DocuSign's Premier Support and Adoption Consulting Lite. Exhibit "A," - Scope of Services more specifically describes the services to be provided,further referred to herein as the"Services." Vendor will perform the Services in accordance with standards in the industry for the same or similar services.In addition,Vendor will perform the Services in accordance with all applicable federal, state,and local laws,rules,and regulations. If there is any conflict between this Agreement and Exhibit A,the terms and conditions of this Agreement control. 2. Term. This Agreement will begin on January 15,2021 ("Effective Date")and will expire on January 14,2022("Expiration Date"),unless terminated earlier in accordance with this Agreement.City will have the option, in its sole discretion,to renew this Agreement under the same terms and conditions, for up to 5 (1)one-year renewal options. 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit `B," —Price Schedule. Total compensation under this Agreement will not exceed ten thousand five hundred dollars($10,500.00)annually.Vendor will not perform any additional 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 will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY FT. WORTH, TX City Secretary Contract No. Vendor agrees to submit monthly invoices by the loth day of the month for Services provided in the previous month. City agrees to pay Vendor within thirty(30)days of receipt of accurate invoice. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers,agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act.In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in Vendor Services Agreement Page 2 of 15 City Secretary Contract No. identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will, until the expiration of three (3)years after final payment under this contract, 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 will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. Section 6 will survive the expiration or termination of this Agreement. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees,Vendors and subVendors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees,servants,Vendors and subVendors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers,agents, servants,employees or subVendor. 8. Liability and Indemnification. 8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. Vendor Services Agreement Page 3 of 15 City Secretary Contract No. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement,it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will 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 will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect 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 City for infringement arising under this Agreement, City will 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 will fully participate and cooperate with 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, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation 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 will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible,and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d)if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. Section 8 will survive the expiration or termination of this Agreement. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee will be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Vendor will execute a written agreement with Vendor referencing this Agreement under which sub Vendor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply.Vendor must provide City with a fully executed copy of any such subcontract. Vendor Services Agreement Page 4 of 15 City Secretary Contract No. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle"will be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000- Bodily Injury by accident; each accident/occurrence $100,000- Bodily Injury by disease; each employee $500,000- Bodily Injury by disease; policy limit (d) Professional Liability(Errors&Omissions): $1,000,000- Each Claim Limit $1,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made,and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees,officers,officials,agents,and volunteers in respect to the contracted services. Vendor Services Agreement Page 5 of 15 City Secretary Contract No. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery)in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium.Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR,ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will 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 party by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Carahsoft Technology Corporation Attn: Jesus J. Chapa,Deputy City Manager Tony Striner,Account Representative 200 Texas Street 11493 Sunset Hills Road, Suite 100 Fort Worth,TX 76102-6314 Reston,VA 20190 Vendor Services Agreement Page 6 of 15 City Secretary Contract No. Facsimile: (817)392-8654 Facsimile: 703-871-8505 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination,solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law/Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity,is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. SeverabMty. If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems;restraints or prohibitions by any court,board,department,commission,or agency of the United States or of any States;civil disturbances;other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event,with the reasonableness of such notice to be determined by the City in its sole discretion. The form of notice required by this section will be the same as Section 13. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. Vendor Services Agreement Page 7 of 15 City Secretary Contract No. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A,B,and C. 22. Amendments/Modifications/Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either(a)use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immieration Nationality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim,lien for balance due, or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Vendor whose Vendor Services Agreement Page 8 of 15 City Secretary Contract No. name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit"C".Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Boycott of Israel. If Vendor has fewer than 10 employees or this 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,the 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" has the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 30. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions (e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via software such as Adobe Sign. 31. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. (signature page follows) Vendor Services Agreement Page 9 of 15 City Secretary Contract No. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of f this contract includingensuring all performance and By. JesusJ.Chapa(Jan 8,202 18:s1 9 CST) g reporting requirements. Name: Jesus J. Chapa Title: Deputy City Manager Date: Jan 8, 2021'20_ By: Neeng Kovuru(Jan 8,202110:27 CST) Name: Neena Kovuru APPROVAL RECOMMENDED: Title: Assistant Director of Human Resources APPROVED AS TO FORM AND LEGALITY: By: Nathan Gregory(Jan 8 21 11 CST) Name: Nathan Gregory Title: Interim Director,Human Resources By: Name: Jessika Williams ATTEST: ppo4 foRraa Title: Assistant City Attorney C� z ip P 1.o° °°0 CONTRACT AUTHORIZATION: y' P*% 0 Name: Mary Kayser °°°°°°°°°°° a p Title: City Secretary �4r' Step VENDOR: Carahsoft Technology Corporation By: A z¢ 1i7:)M_& Name: Kristina Smith Title: Contracts Director Date: January 8th ,2020 OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES Vendor will provide City with electronic signature services(DocuSign eSignature Business Pro for Gov—Envelopes)for the term of this Agreement. In addition,City will be provided access to DocuSign's Premier Support and Adoption Consulting Lite. eSignature Business Pro for Gov: Professional signing experience hosted on a FedRAMP Moderate server. Securely send and sign agreements for electronic signature and maintain a complete audit trail. Premier Support: The comprehensive support coverage for customers with integrations(APIs) including 24/7 VIP escalations, access to tiered technical expertise,plus off-hours and integration support. Adoption Consulting Lite: 1:1 consultations(3-5 calls);review of a single eSignature Web App use case; guidance on WebApp configuration(including a pre-built partner integration)and template functionality. Vendor Services Agreement Page 11 of 15 EXHIBIT B PRICE SCHEDULE The attached Price Quotation provides the total price for 1500 units of eSignature Business Pro for Gov—Envelopes. Vendor has agreed that for the duration of the contract term, no overage charges shall apply for reasonable use of the subscription services that exceeds the specific seat and/or envelope allowance. Reasonable use is defined as 125% of the specified seat and/or envelope allowance. Thus, the City can utilize an additional 375 units of eSignature Business Pro for Gov—Envelopes without being charged any additional overage charges. After those 1875 units, any additional envelopes would typically cost $9.40 each. However,Vendor will proactively monitor City's ongoing envelope usage to ensure that if City's account is over trending,City is informed well ahead of maxing out-surpassing 1875 units.In that case, City has the option of either adding additional envelopes or conducting an early renewal. In either scenario,the cost per envelope will remain the same as outlined on Line No. 1 of the attached order form. In no event will City pay Vendor more than ten thousand five hundred dollars ($10,500.00) annually under this Agreement. Vendor Services Agreement Page 12 of 15 City Secretary Contract No. Government- Price Quotation DocuSignDocuSign Government at Carahsoft carahsoft.. 11493 SUNSET HILLS ROAD I Suite 100 1 Reston,Virginia 20190 Phone(703)871-8500 1 Fax(703)871-8505 1 Toll Free(888)662-2724 www.carahsoft.com I sale!i@carahsoft.com TO: Neena Kovuru FROM: Tony Striner Manager,HRIS DocuSignGovernment at Carahsoft City of Fort Worth,TX 11493 Sunset Hills Road Suite 100 Reston,Virginia 20190 EMAIL: neena.kovuru@fortworthgov.org EMAIL: Tony.Striner@carahsoft.cam PHONE: (817)392-7567 PHONE: (571)662-3432 FAX: (703)871-8505 TERMS: FTIN:52-2189693 QUOTE NO: 26898168 Shipping Point:FOB Destination QUOTE DATE: 1212312020 Remit To:Same as Above QUOTE EXPIRES: 0 112 212 0 21 Payment Terms:Net 30(On Approved Credit) RFQ NO: Cage Code:1 P3C5 DUNS No:088365767 SHIPPING: ESD Credit Cards:VISAIMasterCard/AMEX TOTAL PRICE: $9,238.16 Sales Tax May Apply TOTAL QUOTE: $9,238.16 LINE NO. PART NO. DESCRIPTION QUOTE PRICE CITY EXTENDED PRICE 1 APT-038d eSignature Business Pro for Gov-Env(Adopt.Accel.) $5.05 OM 1500 $7,575;11G DocuSign,Inc. Start Date:01115f2021 End Date:0111412022 2 APT-0075. Premier Support $1,136.84 OM 1 $.1,136.84 DocuSign,Inc. Start Date:01/15/2021 End Date:0111412022 3 APT-0609 Adoption Consulting Lite $526.32 OM 1 $526.32 DocuSign,Inc. Start Date:01115f2021 End Date:0111412022 SUBTOTAL: $9,238.16 TOTAL PRICE: $9,238.16 TOTAL QUOTE: $9,238.16 CONFIDENTIAL QUOTE DATE: 12/23/2020 PAGE 1 of 2 QUOTE NO: 26898168 Vendor Services Agreement Page 13 of 15 City Secretary Contract No. Government- Price Quotation DocuSignf Docu5ign Government at Carahsoft carahsoft 11493 SUNSET HILLS ROAD I Suite 100 1 Reston,Virginia 20190 Phone(703)871-8500 1 Fax(703)871-8505 1 Tall Free(888)662-2724 www.carahsoft.com I sales@carahsoft.com LINE NO. PART NO. DESCRIPTION QUOTE PRICE QTY EXTENDED PRICE Product Details eSignature Envelope Allowance:1,500 ------------------------ Overage/Usage Fees eSignature Business Pro for Gov-Env(Per Transaction):$9.40 ------------------------ Special Terms and Conditions Order Special Terms For the Adoption Accelerator package(s)purchased in this Order Form,for the duration of the contract Term,no overage charges shall apply for reasonable use of the Subscription Services that exceeds the specified Seat and/or Envelope Allowance. Reasonable use is defined as 125%of the specified seat and/or envelope allowance.Usage is limited to a single use case,to a single site ID,and is a non-transferrable in the event that Customer acquires an entity or is acquired.The Adoption Accelerator package is not renewable;however,upon renewal,Customer may elect to purchase the same functionality with the same number of Seats and/or Envelopes listed as estimated usage on this Order Form at the same annual fee. --------------------- Terms&Conditions This Order Form covers the DocuSign Products and Services described herein and is governed by DocuSign's Corporate Subscriber Reseller Terms and Conditions available online at:https://www.docusign.com/company/terms-and-conditions/reseller CONFIDENTIAL QUOTE DATE: 12/23/2020 PAGE 2 of 2 QUOTE NO: 26998168 Vendor Services Agreement Page 14 of 15 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY CARAHSOFT TECHNOLOGY CORPORATION 11498 SUNSET HILLS RD STE. 100 RESTON,VA 20190 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority.City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: Kristina Smith Position: Contracts Director /12Z�2 '!�Y14l& Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Craig Abod C4-� Signatur of President 1 CEO Other Title: Date: 1-8-21 Vendor Services Agreement Page 15 of 15