HomeMy WebLinkAboutContract 59344FORT WORTH CSC No.59344
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CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Presidio
Networked Solutions Group, LLC ("Seller") and the City of Fort Worth, ("Buyer"), 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 — City's Terms and Conditions;
3. Exhibit B — Conflict of Interest Questionnaire.
4. Exhibit C — Texas Department of Information Resources DIR-TSO-4288; and
5. Exhibit D — DIR-TSO-4288 Pricing Index
Exhibits A, B, C, and D which are attached hereto and incorporated herein, are made a part of
this Agreement for all purposes. Seller agrees to provide Buyer with the services and goods included in
Exhibit C pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto. In the event of a conflict between Exhibit A — City's Terms and Conditions and Exhibit
C — DIR-TSO-4288, then Exhibit A — City's Terms and Conditions shall control, but only to the extent
allowable under the DIR-TSO-4288.
Buyer shall pay Seller in accordance with the fee schedule in Exhibit C and in accordance with
the provisions of this Agreement. Total payment made annually under this Agreement by Buyer shall
not exceed the amount of Eleven Million Two Hundred Thousand and 00/100 ($11,200,000.00). Seller
shall not provide any additional items or services or bill for expenses incurred for Buyer not specified
by this Agreement unless Buyer requests and approves in writing the additional costs for such services.
Buyer shall not be liable for any additional expenses of Seller not specified by this Agreement unless
Buyer first approves such expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager below ("Effective Date") and expires on October 2, 2024 to coincide with the DIR Cooperative
Purchase Agreement. This Agreement may be amended to reflect the successive DIR Cooperative
Agreement to DIR-TSO-4288 and be renewed annually in accordance with the terms of that DIR
Cooperative Agreement.
[signature page following/
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
The undersigned represents and warrants that he or she has the power and authority to execute
his Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
in
Valerie Washington (May 7, 2023 17:15 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: May 7, 2023
APPROVAL RECOMMENDED:
1.2
Name: Kevin Gunn
Title: Director, IT Solutions Department
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Name: Jannette Goodall
Title: City Secretary
SELLER:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
a L.&z
Bobby Lee (May 4, 202314:38 CDT)
Name: Bobby Lee
Title: Sr. IT Solutions Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Taylor Paris
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0061
Approved: 02/14/2023
Form 1295: 2022-963570
Presidio Networked Solutions Group, LLC I ATTEST:
By: Erik Hay o (May 3, 2023 17:02 CDT) By:
Name: Erik Hayko Name:
Title: Senior Contracts Manager Title:
Date: 5/3/2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
CITY OF FORT WORTH, TEXAS
TERMS AND CONDITIONS
1. Termination.
a. Convenience. Either City or Vendor may terminate the Agreement at any time
and for any reason by providing the other party with 30 days written notice of termination.
b. Breach. If either parry commits a material breach of the Agreement, the non -
breaching Party must give written notice to the breaching party that describes the breach in
reasonable detail. The breaching party must cure the breach thirty (30) calendar days after receipt
of notice from the non -breaching party, or other time frame as agreed to by the parties. If the
breaching party fails to cure the breach within the stated period of time, the non -breaching party
may, in its sole discretion, and without prejudice to any other right under the Agreement, law, or
equity, immediately terminate the Agreement by giving written notice to the breaching party.
C. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will immediately notify Vendor
of such occurrence in writing and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of any kind
whatsoever, except as to the portions of the payments herein agreed upon for which funds have
been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered and
all pre -approved expenses incurred by Vendor in its performance of such services up to the
effective date of termination and Vendor shall continue to provide City with services requested
by City and in accordance with the Agreement up to the effective date of termination. In addition,
City shall pay Vendor for all Products ordered by Vendor prior to the termination effective date.
Upon termination of the Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under the Agreement. In the event Vendor
has received access to City information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
2. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires a party to pay attorneys' fees for any action contemplated or taken, or penalties or
liquidated damages in any amount, each party objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
3. Law and Venue. The Agreement and the rights and obligations of the parties hereto shall
be governed by, and construed in accordance with the laws of the United States and state of Texas,
exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a
court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be
governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and
any such terms are hereby deleted from the Agreement and shall have no force or effect.
4. Linked Terms and Conditions. If the Agreement contains a website link to terms and
conditions, the linked terms and conditions located at that website link as of the effective date of the
Agreement shall be the linked terms and conditions referred to in the Agreement. To the extent that the
linked terms and conditions conflict with any provision of either this Addendum or the Agreement, the
provisions contained within this Addendum and the Agreement shall control. If any changes are made
to the linked terms and conditions after the date of the Agreement, such changes are hereby deleted and
void. Further, if Vendor cannot clearly and sufficiently demonstrate the exact terms and conditions as of
the effective date of the Agreement, all of the linked terms and conditions are hereby deleted and void.
5. Insurance. The City is a governmental entity under the laws of the state of Texas and
pursuant to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by Governmental
Units," is self -insured and therefore is not required to purchase insurance. To the extent the Agreement
requires City to purchase insurance, City objects to any such provision, the parties agree that any such
requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or
effect. City will provide a letter of self -insured status as requested by Vendor.
6. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign immunity.
To the extent the Agreement requires City to waive its rights or immunities as a government entity; such
provisions are hereby deleted and shall have no force or effect.
7. Limitation of Liability and IndemnitX.. For any claim or cause of action arising out of or
related to this Agreement: i) to the extent permitted by the Constitution and the laws of the State of
Texas, none of the parties shall be liable to the other for indirect, punitive, special, or consequential
damages, even if it is advised of the possibility of such damages; and ii) Vendor's cumulative
liability for all claims and damages of any kind to all Customers under this Agreement
shall be limited, in the aggregate, to two-times the total value of the Purchase order. Such
value includes all amounts paid and amounts to be paid over the life of the Purchase Order to Successful
Respondent by such Customer as described in the Purchase Order
Notwithstanding the foregoing or anything to the contrary herein, any limitation of Vendor's liability
contained herein or in a Purchase Order shall not apply to: claims of bodily injury; violation of
intellectual property rights including but not limited to patent, trademark, or copyright infringement;
indemnification requirements under the Contract; and violation of State or Federal law including but not
limited to disclosures of confidential information and any penalty of any kind lawfully assessed as a
result of such violation.
IP Indemnification. Reserved.
8. No Mandatory Arbitration. To the extent the Agreement requires mandatory arbitration
to resolve conflicts, City objects to these terms and any such terms are hereby deleted from the
Agreement and shall have no force or effect.
9. Insurance. Vendor agrees that insurance coverage provided to City by Vendor is sufficient
for purposes of the Agreement only.
10. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood
and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are
not appropriated or become unavailable, City shall have the right to terminate the Agreement except for
those portions of funds which have been appropriated prior to termination.
11. Public Information. 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. To the extent the Agreement requires that City maintain records in violation of the Act, City hereby
objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no
force or effect. In the event there is a request for information marked Confidential or Proprietary, City
shall promptly notify Vendor in writing. It will be the responsibility of Vendor 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.
12. Addendum Controlling. If any provisions of the attached Agreement, conflict with the
terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance
of City, the terms in this Addendum shall control.
13. Network Access.
a. City Network Access. If Vendor, and/or any of its employees, officers, agents,
servants or subcontractors (for purposes of this section "Vendor Personnel"), requires access to
the City's computer network in order to provide the services herein, Vendor shall execute and
comply with the Network Access Agreement which is attached hereto as Exhibit "A" and
incorporated herein for all purposes.
14. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under the Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-
9 forms and supporting eligibility documentation for each employee who performs work under the
Agreement. Vendor shall 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 SHALL 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, shall have the right to immediately terminate the
Agreement for violations of this provision by Vendor.
15. 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.
16. 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 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.
17. Prohibition on Discrimination Aizainst 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 signature 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.
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This Network Access Agreement ("Agreement") is made and entered into by and between the City
of Fort Worth ("City"), a home rule municipal corporation with its principal location at 200 Texas Street,
Fort Worth, Texas 76102, organized under the laws of the State of Texas and Presidio Networked Solutions
Group, LLC a Delaware limited liability company, with its principal location at 7701 Las Colinas Ridge,
#600, Irving, TX 75063, ("Vendor").
1. The Network, The City owns and operates a computing environment and network
(collectively the "Network"). Vendor wishes to access the City's network in order to provide infrastructure
support. In order to provide the necessary support, Vendor needs access to internet and intranet.
2. Grant of Limited Access. Vendor is hereby granted a limited right of access to the City's
Network for the sole purpose of providing infrastructure support. Such access is granted subject to the terms
and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulation
D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby
incorporated by reference and made a part of this Agreement for all purposes herein and are available upon
request.
3. Network Credentials, The City will provide Vendor with Network Credentials consisting
of user IDs and passwords unique to each individual requiring Network access on behalf of the Vendor. If
this access is being granted for purposes of completing services for the City pursuant to a separate contract,
then, this Agreement will expire at the completion of the contracted services, or upon termination of the
contracted services, whichever occurs first. Otherwise, access rights will automatically expire one (1) year
from the date of this Agreement ("Expiration Date").
❑ Services are being provided in accordance with City Secretary Contract No.
("Contract")
❑ Services are being provided in accordance with City of Fort Worth PeopleSoft Contract No.
("PSK #")
® Services are being provided in accordance with the Agreement to which this Access Agreement is
attached. ("Contract")
❑ Services are being provided without a City Secretary Contract at no cost to the City
❑ No services are being provided pursuant to this Agreement
4. Renewal, This Agreement shall renew in accordance with the term of the Contract or PSK
#. If there is no Contract or PSK #, this Agreement may be renewed annually by City, in its sole discretion,
at the end of the Expiration Date and each renewal term thereafter.
Notwithstanding the scheduled contract expiration or the status of completion of services, Vendor
shall provide the City with a current list of officers, agents, servants, employees or representatives that
require Network credentials on an annual basis. Failure to adhere to this requirement may result in denial
of access to the Network and/or termination of this Agreement.
5. Network Restrictions. Vendor officers, agents, servants, employees or representatives
may not share the City -assigned user IDs and passwords. Vendor acknowledges, agrees and hereby gives
its authorization to the City to monitor Vendor's use of the City's Network in order to ensure Vendor's
compliance with this Agreement. A breach by Vendor, its officers, agents, servants, employees or
representatives, of this Agreement and any other written instructions or guidelines that the City provides to
Vendor pursuant to this Agreement shall be grounds for the City immediately to deny Vendor access to the
Network and Vendor's Data, terminate the Agreement, and pursue any other remedies that the City may
have under this Agreement or at law or in equity.
6. Termination. In addition to the other rights of termination set forth herein, the City may
terminate this Agreement at any time and for any reason with or without notice, and without penalty to the
City. Upon termination of this Agreement, Vendor agrees to remove entirely any client or communications
software provided by the City from all computing equipment used and owned by the Vendor, its officers,
agents, servants, employees and/or representatives to access the City's Network.
7. Information Security, Vendor agrees to make everyreasonable effort in accordance with
accepted security practices to protect the Network credentials and access methods provided by the City
from unauthorized disclosure and use. Vendor agrees to notify the City immediately upon discovery of a
breach or threat of breach which could compromise the integrity of the City's Network, including but not
limited to, theft of Vendor -owned equipment that contains City -provided access software, termination or
resignation of officers, agents, servants, employees or representatives with access to City -provided Network
credentials, and unauthorized use or sharing of Network credentials.
8. LIABILITY AND INDEMNIFICATION. VENDOR SHALL BE LIABLE AND
RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON
ACCOUNT OF ANY BREACH OF THIS NETWORK ACCESS AGREEMENT BY VENDOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT
VENDORMAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF
ACCESS TO VENDOR 'S DATA ON ACCOUNT OF ANY BREACH OF THIS NETWORK
ACCESSAGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY.
IN ADDITION, VENDORSHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, AND ALL CLAIMS, DEMANDS AND JUDGMENTS THEREFOR, TO THE EXTENT
CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT
OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES IN VENDOR'S
PERFORMANCE UNDER THIS NETWORK ACCESS AGREEMENT. VENDOR, AT VENDOR
'S OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD
HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM
AND AGAINST ANY THIRD -PARTY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO
THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(S)
OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES IN VENDOR'S PERFORMANCE UNDER THIS NETWORK ACCESS
AGREEMENT.
9. Confidential Information. Vendor, for itself and its officers, agents, employees, and
representatives, agrees that it shall treat all information provided to it by the City as confidential and shall
not disclose any such information to a third party without the prior written approval of the City. Vendor
further agrees that it shall store and maintain City Information in a secure manner and shall not allow
unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall
notify the City immediately if the security or integrity of any City information has been compromised or is
believed to have been compromised.
10. RESERVED
11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written
contracts, agreements, understandings or acknowledgments with the City signed by Vendor. This
Agreement and any other documents incorporated herein by reference constitute the entire understanding
and Agreement between the City and Vendor as to the matters contained herein regarding Vendor's access
to and use of the City's Network.
12. Amendments. The terms of this Agreement shall not be waived, altered, modified,
supplemented, or amended in any manner except by written instrument signed by an authorized
representative of both the City and Vendor.
13. Assignment. Vendor may not assign or in any way transfer any of its interest in this
Agreement. Notwithstanding the foregoing, City agrees that Vendor may assign this Agreement without
such approval to an affiliate or in connection with a merger, acquisition, consolidation, corporate
reorganization, sale of a substantial block of its stock, or the sale of all or substantially all of its assets. Any
attempted assignment or transfer of all or any part hereof shall be null and void.
14. Severabilitv_. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
15. Force Majeure. Each party shall exercise its best efforts to meet its respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control (force majeure),
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, material or labor restrictions
by any governmental authority, transportation problems and/or any other similar causes.
16. Governing Law / Venue. This Agreement shall 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 on the basis of
this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
17. Signature Authority. By affixing a signature below, the person signing this Agreement
hereby warrants that he/she has the legal authority to bind the respective party to the terms and conditions
in this agreement and 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. The
other party is fully entitled to rely on this warranty and representation in entering into this Agreement.
[Signature Page Follows]
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
Valerie Washington 7, 202317:15 CDT)
enord
d P,
By:
rri to Networked Solutions
.15;4 /Z-
Erik Hayko (May 3, 2023 17:02 CDT)
Name:
aerie WasMngton
Name:
Erik Hayko
Title: Assistant City Manager
Title:
Senior Contracts Manager
Date:
May 7, 2023
Date:
5/3/2023
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Name: evm unn
Title: Director, IT Solutions
Approved as to Form and Legality:
Name: I ay or Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: 23-0061
Contract Compliance Manager:
By signin I acknowled e that I am the .p�rson,
re onsibe for the monitoring and administration
of his contract, including ensuring all
performance and reporting requirements.
12
Bobby Lee (May 4, 202314:38 CDT)
Name: o y Lee
Title: Sr. IT Solutions Manager
City Secretary:
A s
By:
Name: Jannette Goodall
Title: City Secretary
Exhibit B — CONFLICT OF INTEREST QUESTIONNAIRE
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who
contracts or seeks to contract for the sale or purchase of property, goods, or services with a local
governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ
("Questionnaire") the person's affiliation or business relationship that might cause a conflict of
interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort
Worth City Secretary no later than seven days after the date the person begins contract discussions
or negotiations with the Buyer, or submits an application or response to a request for proposals or
bids, correspondence, or another writing related to a potential agreement with the Buyer. Updated
Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also
available at httD://www.ethics.state.tx.us/forms/CIO.DdE
If you have any questions about compliance, please consult your own legal counsel. Compliance
is the individual responsibility of each person or agent of a person who is subject to the filing
requirement. An offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you
might have with the Buyer, state Seller name in the # 1, use N/A in each of the areas on the
form. However, a signature is required in the #4 box in all cases.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
OFACELISEONLY
This questionnaire is being filed in accordance with Chapter 176, Local Govern mid Code,
Dato Roceivod
bya vendorvtnohasabuenessrelatonEhipasdefined bySecton176.001(1-a)with alocal
govErn menttentty and the vendor medsrequremertsunder Secton 176.00ga).
Bylawthis questiomailemust be fiedwiththerecords adninistratotofthe local govE-nmetal
entitynotlater thanthe7th businessday after thedate the vendor becomes aware of facts
that require the statemattobefiled See Secton176.006(a1),LocalGovernmerhCode.
A vendor commtis an offense if the vendor knowingly violates Section 176.006, Local
Govermnent Code An offenseunde, this section is a misdemeanor.
W Name of vendor who has a busnessrelationshpwith local govffnmekEd entity.
LJ
(The law requ it es that you file an updated completed questionnaire with the appropriate filing authority not
laterthan the 7th businessday after the date on which you became aware that the originally filed questionnaire was
incomplete or inaccurate.)
J Name of local govErnmehofficerabod whom the Information In thissection Isbeing disclosed.
Name of Officer
This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the vendor?
DYes
No
B. Is the vendor receiving or likely to receive taxable income, otherthan investment income, from orat the direction of the local
government officer named in this section AND the taxable income is not received from the local governmental entity?
D Yes 1:1No
C. Is the filer of this questionnaire employed by 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?
0 Yes 1:1No
D. Describe each employment or business and family relationship with the local government officer named in this sectic
A
Signature of vendor doing business with the governmental entity Date
Adop ted 8nt 20 t 5
EXHIBIT C
TEXAS DEPARTMENT OF INFORMATION RESOURCES
DIR-TSO-4288
Contract Number
Contract Term Date: 42121f25 (b
DIR—TSO — 4288 Contract Expiration Date: 02f21125 O
Vendor Information
Carahsofk Technology
Corporation
Vendor ID: 1522189693700
HUB Type: Mon HUB Q
RFD: DIR-TSO-TMP-416
Contract Status: Active
Contract Overview
VENDOR CONTACT:
Mahlet Sergis Cr
Phone: (703) 581-6632
Fax: (703) 871-8505
Vendor Website Cr
DIR CONTACT:
Mario Gutierrez tr
Phone: (512) 463-8989
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. DIR has exercised the automatic renewal option
for this Contract. This renewal extends the contract through 2/21/2025.
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
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 15th 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 Produ cts,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 Co
ntrac ts; Appendix B, Vendor 's Histori cally 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 contro Iling document shall be this Contract, then Appendi x A, then Appendi x 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 Contra ct shall be two (2) years commencing on the last date of approval by
DIR and Vendor, with two (2) optional two-year renewals. Pri or to expiratio n of each term, the
contract will renew automatically under the same term s and conditions unless eithe r party
provides notice to the other party 60 days in advance of th a renewal date stating th at 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.
DepartmentoflnformationResources Page 1 of 5 (DIR rev 03/2018)
DIR Contract No. DIR-TSO-4288
Vendor Contract No.
3. Product and Service Offerings
A. Products
Products available underthis Contract are limited to Software Prod ucts, Software as 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 1.B 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 1.13
above.
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 thescope of services awarded based on the posting described in Section 1. B above.
C. Emerging Technologies and Future Acquisitions
DIR recogn izes that technology is ever -evolving and advancing. DIR reserves the right to
consid er the addition of emerging technol og y such as next generation, enhancements and
upgrades for products and services that are within the scope the solicitation described in
Section 1.6 above. Vendor may propose such products and services throughout the term of
the contract. Pricing and terms will be negotiated upon DIR acceptan ce. Any determination
will beat DIR's sole discretion and anydecision will befinal. In addition, Texas DIRand 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
Pricing to the DIR Customer shall be as set forth in Appendix A, Section 8, Pricing, Purcha se Orders,
Invoi ces 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
Custom ers pursuant to this Con tract thr ee quarters percent (.75%). Paym ent will be calculat ed for
all sales, net of returns and credit s. For examp le, the administrative fee for sales totaling
$100,000 shall be $750.00.
B)All prices quoted to Customers shall include the administrative fee. DIR re serves the ri ght to
change this fee upwards or downwards during the term of this Contra ct, upon writt en notice to
Vendor with out furth er requir ement for a formal contract amendment. Any change in th a adm
inistrative fee shall be incorporated in the price to the Customer.
6. Notification
All notices under this Contr act shall be sent t o a party at the re spe ctiv a addre ss indi cated belo w.
DepartmentoflnformafionResources Page 2 o f 5 ( DIR rev 03/2018)
DIR Contract No. DIR-TSO-4288
Vendor Contract No.
fent to the Rtate-
Kelly A Parker, CTPM, CTCM
Director, Cooperative Contracts
Department of Information Resources
300 W. 15 th St., Suite 1300
Austin, Texas 78701
Phone: (512) 475-1647
Facsimile: (512) 475-4759
Email: kellv.oarker (a)d ir.t exas.a o v
If sent to the Vendor:
Kai Hollenhorst
Car ahso ft Technology Corporation
1860 Michael Faraday Drive, Suite 100
Reston, VA 20190
Phone: (703) 230-7536
Facsimile: (703) 871-8505
Ema il: carahso ft.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 Co
ntrac t, 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.
Conflicting or Additional Terms
In the event that confli ct ing or additional terms in Vendor Software License Agreements,
Shrink/Click Wrap License Agreements, Service Agreement s or link ed or supplementa I
documents amend or diminish the rights of DIR Customers or the State, such confli ctin g or
additional terms sha II no t take precedence over the terms of this Contract.
In the event of a conflict, any lin ked documents may not take preceden ce over the printed or
referenced documents comprising this contract; provided further that any update to such
linked documents shall on ly apply to purcha se s or le asesof the associated Vendor product or
sery ice off ering after the effectiv a date of the update; and, provid ed furth er, that, if Vendor
hasresponded to a solicitation or request for pricing, no update of such linked documents on
Department of Informat®nResources Page 3 o f 5 (DIR rev 03/2018)
DIR Contract No. DIR-TSO-4288
VendorContract
c 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 consumm ated.
In the event that different or additi onal terms or conditions would otherwise result from
accessing a linked docum ent, agreement to said linked document shall not be effective until
reviewed and approved in writing byCustomer's authorized signatory.
Vendor shall not [with out prior written agreement from Custom er' s authorized signatory j
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 right
s, benefits, or protection s of the Customer; or 2) impose s 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 perfo rm the contract without regard to the prohibited
documents, unless Customer elects instead to terminate the contra ct, which in such case may
be identified as a term ination for cause against Vendor .
The fore going requirements apply to all contracts, including , but not limited to, contracts
between Customer and a reseller who attempt s to pa ss through documents and obligation s
from its Manufacturer of Publisher.
8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and
Related Services Contracts.
No excepti ons have been agreed to by DIR and Vendor.
Department oflnformation Resources Page 4 of 5 (DIR rev 03/2018)
DIR Contract No. DIR-TSO-4288
VendorContractNo.
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 Becke r
Title : Chic f Pro cureme nt Office r
Date: 2/ 21/ 19
Office of General Counsel: mh2..211..1-1-I
DepartmentoflnformationResources Page 5 of 5 (DIR rev 03/2018)
EXHIBIT D
Texas Department of Information Resources DIR-TSO-4288
Pricing Index
APPENDIX C PRICING INDEX
DIR-TSO-4288 (PER AMENDMENT 6) CARAHSOFT TECHNOLOGY CORP.
Product Description
4iq
DIR Customer Discount %
off MSRP
2.00%
Accela
2.00%
Accelion
3.00%
Access Data Group, LLC (now Access Data- Exterro)
2.50%
Acquia
5.00%
Adaptus
2.00%
ADF
1.00%
AdvoLogix
1.00%
AeroDefense
5.00%
Akamai
26.00%
AI to ryx
2.00%
Amazon Web Services
2.00%
Anaplan
1.00%
Application Perfect
3.00%
Appsian
2.00%
Apttus
2.00%
Aqua Security Software Ltd
2.27%
Arcusys
3.00%
Armis
4.00%
ASG
5.00%
Assured Data
2.00%
Atlassian
0.25%
Aurea
16.66%
Authentic8
3.00%
Avatier
2.00%
Ave Point
2.50%
Binti Tier five
10.00%
Binti Tier four
8.00%
Binti Tier one
2.00%
Binti Tier two
4.00%
BintiTier three
6.00%
Blackberry
4.00%
Blancco
2.00%
Bomgar
5.25%
Bomgar Appliances
5.25%
Bomgar Licenses
9.50%
Box, Inc.
18.399/o
Bracket Labs
2.00%
Bra vi u m
2.00%
Broa d Com
2.00%
Bu u rst
2.00%
CA Technologies - On Demand or SaaS delivery
0.00%
CA Technologies - Perpetual License
20.00%
Page 1
APPENDIX C PRICING INDEX
DIR-TSO-4288 (PER AMENDMENT 6) CARAHSOFTTECHNOLOGY CORP.
Carahsoft CPP
1.00%
Cellebrite
0.00%
Centrify Corporation
8.00%
Chainalysis
9.09%
CityBase
2.00%
Citylnnovate
1.00%
Clariti (formerly BasicGov)
3.53%
Clear Story Data
2.00%
Cloudbyz
2.00%
cloudera
4.95%
Cofense
2.00%
CollabNet
2.97%
Compliance Seal
2.00%
Confluent
1.00%
Copado
2.00%
Critical St art
I Cutting Edge
Cyber-Ar k
5.00%
I 2.00%
12.50%
CybeReady
30.00 %
DarkOwl, LLC
2.62%
DataDog
2.00%
Decision Lens
5.00%
Delphi x
9.72 %
Digital Guardian
10. 00%
Discove r Technologies
2.00%
DocuSign
4.00 %
DOMA
2.00%
Dronedeploy
2.00%
Druva
1.00%
eCivi s Other Offerin gs
3.00%
eCivis Soft w are
15. 00%
eCivi s Tra ini ng
3.00%
Elasti csear ch
1.50
En tco DBA M icro Focus
Ent cc DBA M icro Foc us Saas
7.00%
7.00%
Ent cc DBA M icro Focus Soft ware
20.00%
Experian
15.00%
FICO
2.00%
Fico
2.00%
Fid elis
2.00%
Fire Eye Soft w are/ Hardwa re bundled, as pa rt of a Soft w are
complete so Iuti on syst em
5.00%
Fire Eye Manageme nt So f tware
35 .00%
Fire Eye Soft w are
3.00%
Five9
1 .33%
Flexer a
3.00%
Page 2
APPENDIX C PRICING INDEX
DIR-TSO-4288 (PER AMENDMENT 6) CARAHSOFTTECHNOLOGY CORP.
Flosum
2.00%
ForeScout Technologies
2.00%
ForgeRock
5.75%
Formstack
2.62%
Fortinet - Tier one Software
0.50%
Fortinet - Tier Three Bundles
20.00%
Fortinet - Tier Two
15.00%
F-Secure
3.00%
Genesys
5.00%
Gimmal
0.75%
Git Lab
1.49%
Globalflyte
1.00%
GNT
20.00%
Granicus
4.25%
Groundwork
2.00%
GTY
I Hashicorp
Haystax
1.00%
I 1.00% I
2.00%
Hootsuite Media Inc.
1. 27%
HyTrust
6.00%
iboss
26.00%
ID.me
1.33%
imprivata
3.12%
Infocyte Security Software
10.00%
Infocyte Volume Node Discount
20.00%
Informatica
15.00%
IronNEt
2.00%
Ivanti, Inc.
3.50%
Jama - Tier one
10 00%
Jama - Tier Three
20.00%
Jama - Tier two
15.00%
Kapa lya
2.00%
KnowWho
3.00%
Kofax
10.00%
Leaptree
2.00%
Liferay
3.00%
Linkedln Corporat ion
1.00%
Liqu i dware Lab s
6.00%
Loo k ou t Inc.
2.27%
MapAnything
2.00%
MarketResearch.com, Inc
1. 26%
MarkLogic
10.40%
MB&A
2.00%
McAfee
5.00%
Meta logix
5.40%
Microsoft Azure
2.50%
Page 3
APPENDIX C PRICING INDEX
DIR-TSO-4288 (PER AMENDMENT 6) CARAHSOFTTECHNOLOGY CORP.
MongDB
5.00%
MuleSoft
0.50%
NetAbstraction
1.00%
NetFoundry PaaS
16%
NetFoundry PaaS (Volume Discounts)
40%
Netskope
6.00%
New Relic, Inc.
3.00%
Nintex Drawloop
4.28%
Ntrepid
10.67%
Nuance
3.00%
Nutanix
8.75%
Nuvolo
5.00%
Okta, Inc.
1 50%
OpenCounter
5.00%
OutSystems
2.00%
Paxera Health
I PagerDuty
PlatCore
10.00%
I 1.00%
1.00%
Pondera
2.00%
Precision Hawk
0.50%
Procore
1.00%
Puppet
6.00%
Qualtrics
1.74%
Questica
5.00%
RangeFor ce
0.50%
Rapid?
3.00%
ReadSpeaker
5.00%
Recorded Future
1.00%
Red Hat Ansible
1.00%
Red Hat CEPH Stor age
16.00%
Red Hat Cloud Soluti o ns
16.00%
Red Hat Enterp r ise Linux Middleware
20.48%
Red Hat Ent e rpri se Linu x Platform
20.48%
Red Hat Enterprise Virtualization
Red Hat Gluster Storage
20.48%
16.00%
Red Hat Mobile Application Plat fo rm
1.00%
Red Hat Network Satellite and Re lated Network
20.48%
Red Hat Techn ical Account Managers
1.00%
REI Systems
2.00%
Remediant
15.00%
ReSTNSX
Re venue Grid
2.00%
2.00%
Re versingl abs
1. 2 6%
RSA
10.00 %
Sailpo int
2.00%
Salesfo rce.com
5.30%
Page 4
APPENDIX C PRICING INDEX
DIR-TSO-4288 (PER AMENDMENT 6) CARAHSOFTTECHNOLOGY CORP.
SAP
10.68%
Saviynt
1.19%
Sayari
10.00%
SOL Government
7.51%
Secureworks, Inc.
1.39%
SerentityEHS
10.00%
ServiceNow
4.50%
Siren.io
0.50%
Skuid
2.00%
Slack
1.00%
Smartsheet
2.00%
SnowFlake
1.00%
Socrata , Inc.
5 09%
SoftwareAG
15.00%
Solarwinds
10.00%
Splunk
I StaveApps
Stealthbits
1.50%
I 1.00%
6.00%
Symantec
9.50%
Syncscort
3.00%
Tableau
0.75%
Team Northwoods
2.00%
Tech Soft 3D, Inc.
4.28%
Telemessage
6.00%
Teradici
3.75%
Thoughtspot
2.00%
TimeLinePl
2.00%
TimeTrade
2.00%
TransUnion
15.00%
Trend Micro
5.00%
Trifacta
1.00%
Trim ble
10.00%
Trustwave
10.08%
Tufin
UiPath
3.00%
2.00%
Unifi
2.00%
Unqork
5.00%
Userl st
3.00%
VALiMAiL
2.00%
VERITAS
15 .64%
Veritone
Vlocity
2.00%
3.00%
VMw are Academi c Solu tions
43.50%
VMwar e Govern ment Soluti ons
3.50%
Vmware Velocloud
3.50%
Voyager Analytics Inc
1.00%
Page 5
APPENDIX C PRICING INDEX
DIR-TSO-4288 (PER AMENDMENT 6) CARAHSOFTTECHNOLOGY CORP.
Wasabi
1.00%
WhiteCanyon
1.00%
Wickr
1.26%
Worksoft
2.00%
Xcential
2.00%
Zoom
2.00%
Zscaler, Inc.
10.00%
4iq
2.00%
Accela
4.25%
Accelion
2.00%
AccessData Group, LLC (now Access Data- Exterro)
2.50%
Acquia
4.24%
Adaptus
2.00%
ADF
1.00%
Advologix
1.00%
AeroDefense
5.00%
Akamai
5.00%
Alteryx
Amazon Web Services
2.00%
1.00%
Anaplan
1.00%
Applicati on Perfect
3.00%
Apt to s
2.00%
Aqua Security Software Ltd
2.27%
Arcusys
3.00%
Armis
3.00%
ASG
5.00%
Assured Data
2.00%
Atlassian
0.25%
Aurea
16.66%
Authentic8
3.00%
Avatier
2.00%
AvePoint
2.50%
Binti
2.00%
Blackberry
4.00%
Blancco
I Bom gar
Bom gar Appli ances
2.00%
I 5.25%
5.25%
Bom gar Licenses
9.50%
Box, Inc.
5.00%
Bracket Labs
2.00%
Bravium
2.00%
Broadc om
1.00%
Buurst
2.00%
CA Technologies
3.00%
Page 6
APPENDIX C PRICING INDEX
DIR-TSO-4288 (PER AMENDMENT 6) CARAHSOFTTECHNOLOGY CORP.
Carahsoft
1.00%
Cellebrite
0.00%
Centrify Corporation
2.00%
Chainalysis
9.09%
CityBase
2.00%
Citylnnovate
1.00%
Clariti (formerly BasicGov)
3.53%
Clear Story Data
2.00%
Cloudbyz
2.00%
cloudera
4.95%
Cofense
2.00%
CollabNet
2.97%
ComplianceSeal
2 00%
Confluent
1.00%
Copado
2.00%
Critical Start
I Cutting Edge
Cyber-Ark
5.00%
I 2.00%
12.50%
CybeReady
24.00 %
Cylance
1.75 %
DarkOwl, LLC
2.62%
DataDog
2.00%
Decision Lens
1.00%
Delphix
4.69%
Digital Guardian
1.30%
Discover Technologies
2.00%
DocuSign
3.00%
DOMA
2.00%
Drawloop
4.28%
Dronedeploy
2.00%
Druva
4.28%
eCivis
3.00%
Elasticsearch
1.50%
Ent co DBA Micro Focus
Experian
5.00 %
15.00%
FICO
2.00%
Fid elis
2.00%
FireEye
2.00%
Five9
1.33%
Flexera
1.00%
Flosum
ForeScout Techno Iogie s
2.00%
2.00%
Forge Rock
5.75%
Fo rm stack
2.62%
Fort in e t
2.00%
F-Secure
3.00%
Page 7
APPENDIX C PRICING INDEX
DIR-TSO-4288 (PER AMENDMENT 6) CARAHSOFTTECHNOLOGY CORP.
Genesys
5.00%
Gimmal
0.75%
Gitlab
1.49%
Globalflyte
1.00%
GNT
20.00%
Granicus
4.25%
Groundwork
2.00%
GTY
1.00%
Hashicorp
1.00%
Haystax
2.00%
Hootsuit e M ed is Inc.
1.27%
HyTrust
5.65%
iboss
10.00%
ID.me
1.33%
imprivata
3.12%
Infoblox
Ilnfocyte
Informatica
3.00%
I 10.00%
15.00%
IronNEt
2.00%
Ivanti, Inc.
2.50%
Jama
8.00%
Kapalya
2.00%
KnowWho
3.00%
Kofax
5.00%
Leaptree
2.00%
Liferay
3.00%
Linkedln Corporat ion
2.00%
Liquidware Labs
6.00%
Lookout Inc.
2.27%
MapAnything
2.00%
MarketResearch.com, Inc
1.26%
MarkLogic
10.45%
MB&A
2.00%
McAfee
Metalogix
5.00%
5.40%
Microsoft Azure
2.50%
MongDB
5.00%
Mule So ft
0 .50 %
NetAbstraction
1.00%
NetFoundry
10.00%
Netskope
New Reli c, Inc.
5.00%
3.00%
Nintex Drawloop
4.28%
Ntrep id
10.67%
Nuance
1.00%
Nut anix
5.00%
Page 8
APPENDIX C PRICING INDEX
DIR-TSO-4288 (PER AMENDMENT 6) CARAHSOFTTECHNOLOGY CORP.
Nuvolo
5.00%
Okta, Inc.
1.50%
OpenCounter
5.00%
OutSystems
2.00%
Paxera Health
10.00%
PagerDuty
1.00%
Palo Alto Networks
5.00%
PlatCore
1.00%
Pondera
2.00%
Precision Hawk
0.50%
Procore
1.00%
Puppet
6.00%
Qualtrics
1 00%
Questica
5.00%
RangeForce
0.50%
Rapid?
I ReadSpeaker
Recorded Future
2.00%
I 4.90%
1.00%
Red Hat Ansible Software
1.00%
Red Hat CEP H Storage
1.00%
Red Hat Cloud Solutions
1.00%
Red Hat Enterprise Linux Middleware
1.00%
Red Hat Enterprise Linux Platform
1.00%
Red Hat Enterprise Virtualization
1.00%
Red Hat Gluster Storage
1.00%
Red Hat M ob ile Application Platform
1.00%
Red Hat Network Satellite and Related Network
1.00%
Red Hat Technical Accoun t Managers
1.00%
REI Systems
2.00%
Remediant
15.00 %
ReSTNSX
2.00%
Revenue Grid
2.00%
Reversinglabs
1.26%
RSA
Sailpoint
1 10.00%
2.00%
Salesforce.com
5.30%
SAP
10.68%
Saviynt
1.19%
Sayari
10.00%
SOL Government
0.00%
Secureworks, Inc.
Serentit yEHS
1. 39%
10.00%
ServiceNow
1.50%
Siren.i o
0.50%
Skuid
2.00%
Slack
1.00%
Page 9
APPENDIX C PRICING INDEX
DIR-TSO-4288 (PER AMENDMENT 6) CARAHSOFTTECHNOLOGY CORP.
Smartsheet
2.00%
SnowFlake
1.00%
Socrata, Inc.
1.00%
SoftwareAG
15.00%
Solarwinds
1. 39%
Splunk
1.50%
StaveApps
1.00%
Stealthbits
5.00%
Symante c
9.50 %
Syncscort
3.00%
Tableau
0.75%
Team Northwoods
2.00%
Tech Soft 3D, Inc.
4.28%
Telemessage
6.00%
Tenable
4.00%
Teradici
I Thoughtsp of
TimelinePl
5.75%
I 2.00% I
2.00%
TimeTrade
2.00%
TransUnion
15 .00 %
Trend Mi cro
5.00%
Trifacta
1.00%
Trimble
8.00%
Tru stwave
10.0 8%
Tufin
1.00%
UiPath
2.00%
Unifi
2.00%
Unqork
5.00%
User I st
3.00%
VALiMAiL
2.00%
VERITA S
4 .50%
Verit one
2.00%
Vlocit y
3.00%
VMw are Academi c
VMw are Go vern me nt
3.50%
3.50%
Voyager Analyti cs Inc
1.00%
Wasabi
1.00%
WhiteCanyon
1.00%
Wickr
1. 26%
Worksoft
2.00%
Xcent ial
Zoom
2.00%
2.00%
Zscaler, Inc.
5.00%
Page 10
APPENDIX C PRICING INDEX
DIR-TSO-4288 (PER AMENDMENT 6) CARAHSOFTTECHNOLOGY CORP.
►_rims= 11111.yr-r- - , P
BlackBerry Enterprise Mobility Suite - Collaboration Edition
Subscription User - Advantage Support
12.00%
BlackBerry Enterprise Mobility Suite - Collaboration Edition
°
12.00 /o
Subscription User - Premium Support
BlackBerry Enterprise Mobility Suite - Content Edition
Subscription User - Advantage Support
12.00%
BlackBerry Enterprise Mobility Suite - Content Edition
Subscription User - Premium Support
12.00%
BlackBerry Enterprise Mobility Suite - Enterprise Edition
Subscription User - Advantage Support
12.00%
BlackBerry Enterprise M obility Suite - Enterprise Ed i tion
Subscription User - Premium Support
12.00%
BlackBerry Enterprise Mobility Suite - Management Edition
Subscription User - Advantage Support
12.00%
BlackBerry Enterprise Mobility Suite - Management Edition
Subscription User - Premium Support
12.00%
Page 11
5/8/23, 8:41 AM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
FoRTWORyn
DATE: 2/14/2023 REFERENCE **M&C 23- LOG NAME: 041NFRASTRUCTURE
NO.: 0061 MULTI -COOP
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Non -Exclusive Purchase Agreements for Information Technology
Infrastructure, with Netsync Network Solutions, Inc., Presidio Networked Solutions Group,
LLC, ePlus Technology, Inc., and World Wide Technology LLC using Multiple State of
Texas Department of Information Resources, OMNIA Partners and The Interlocal
Purchasing System Cooperative Contracts With a Combined Annual Amount Up to
$11,200,000.00, and Four One -Year Renewal Options with State of Texas Department of
Information Resources and OMNIA Partners in the Amount of $10,000,000.00 for the First
Renewal and $6,200,000.00 for the Remainder Renewals for the Information Technology
Solutions Department
RECOMMENDATION:
It is recommended that City Council to authorize non-exclusive purchase agreements for Information
Technology Infrastructure with Netsync Network Solutions, Inc., Presidio Networked Solutions Group,
LLC, ePlus Technology, Inc. and World Wide Technology LLC using Multiple State of Texas
Department of Information Resources, OMNIA Partners and The Interlocal Purchasing System
Cooperative Contract with a combined annual amount up to $11,200,000.00, and four one-year
renewal options with Texas Department of Information Resources and OMNIA Partners in the amount
of $10,000,000.00 for the first renewal and $6,200,000.00 for the remainder renewals for the
Information Technology Solutions Department.
DISCUSSION:
The Information Technology Solutions Department (ITS) will use these agreements to purchase
equipment and services from Netsync Network Solutions, Inc., Presidio Networked Solutions Group,
LLC, ePlus Technology, Inc and World Wide Technology LLC. to support the City's information
technology infrastructure. This infrastructure includes equipment and software supporting the City's
servers, data storage, virtual desktop environment, and network and telephone systems. These
agreements will be used to support the refreshes for the equipment that has reached the end of life
cycle as well as new projects for City departments using the following cooperative contracts:
Vendor
Co-op
Expiration
RFO
Responses
Date
Published
Due
Presidio,
DIR-TSO-
Netsync and
4167
7/3/2023
12/20/2017
[2/5/2018
WWT
Presidio,
DIR-TSO-
Netsync and
3763
1/10/2024
9/12/2016
10/13/2016
WWT
Presidio,
DIR-TSO-
Netsync and
4299
12/17/2023
[3/20/2018
5/4/2018
WWT
WWT and
DIR-TSO-
10/2/2024
r
2/26/2018
ePlus
4160
I1/12/2018
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M&C Review
Vendor
Co-op
Expiration
RFO
Responses
Date
Published
Due
Presidio and
DIR-TSO-
2/21/2025
2/26/2018
4/9/2018
ePlus
4288
WWT
DIR-CPO-
1/23/2025
[3/15/2019
4/25/2019
4444
Netsync and
TIPS
ePlus
200105
5/31/2023
1/9/2020
2/21/2020
OMNIA
WWT
R210407
5/31/2026
11 2/1/2020
1/19/2021
On September 28, 2021, City Council approved Mayor & Council communication (M&C) 21-
0753 authorizing similar agreements for information technology infrastructure purchases. Due to
several larger projects, Infrastructure refresh, Future City Hall, planned American Rescue Plan
Act spend, and ongoing City growth, additional spending authority is being requested. To avoid any
confusion, approval of this M&C will eliminate prior spending authority and contracts authorized under
Mayor and Council Communication P-12248, 19-0123, 19-0270, 20-0650 and 21-0753.
Approval of this M&C will allow a total of $11,200,000.00 in expenditures for the initial year,
$10,000,000.00 for the first renewal and $6,200,000.00 for the remainder renewals for projects such
as safety and security, new building projects, building upgrades, building renovations and building
expansion projects. These agreements and spending authority will be made available to Radio
Services, Desktop, Hardware and Security divisions to purchase hardware and software for City
departments as requested.
On May 24, 2022 Mayor and Council Communication (M&C) 22-0366 and 22-0367 were approved to
allocate American Rescue Plan Act (ARPA) Subtitle M (Coronavirus State and Local Fiscal Recovery
Funds) to the Information Technology Solutions (ITS) Department providing up to $3,675,000.00 and
$3,595,000.00 in support of infrastructure, data protection initiatives, information security and cyber
security. The Information Technology Solutions Department (ITS) will use these agreements to
purchase equipment and services to support the City's information technology infrastructure based on
initiatives identified in (M&C) 22-0366 and 22-0367.
ITS Department will ensure that each vendor is given equal opportunity to earn a minimum of 10\% of
the business. No specific contract amount is guaranteed.
PRICE ANALYSIS - The Texas Department of Information Resources Contracts (DIR), OMNIA
Partners (OMNIA) and The Interlocal Purchasing System Cooperative Contracts offer discounted
pricing. Staff has reviewed the pricing and determined it to be fair and reasonable.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under
a cooperative purchasing agreement satisfies any state law requiring that the local government seek
competitive bids for the purchase of items. DIR, OMNIA and TIPS Contracts are competitively bid to
increase and simplify the purchasing power of government entities.
M/WBE - An MBE/SBE goal is not assigned when purchasing from an approved purchasing
cooperative or public entity.
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.
SUCCESSOR LANGUAGE: The City will initially use these contracts to make purchases authorized
by this M&C. The Cooperative Contracts are set to expire on various dates. If the contracts are
extended, this M&C authorizes the City to purchase similar equipment and supplies under the
extended contract. If the contracts are not extended, but DIR, OMNIA and/or TIPS executes new
cooperative contracts with substantially similar terms, this M&C authorizes the City to purchase the
same equipment and supplies under the new contracts. If this occurs, in no event will the City
continue to purchase goods and services under the new agreements past 2027 without seeking
Council approval.
AGREEMENT TERM: Upon City Council's approval, these agreements will be executed and continue
for a term of 12 months in accordance with approval date of this request. The agreements will renew
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M&C Review
on an annual basis thereafter. The renewals do not require specific City Council approval as long as
sufficient funds have been appropriated.
RENEWAL TERMS - The Texas Department of Information Resources Contracts (DIR) Agreement
may be renewed annually for four (4) one-year terms for the same annual amount. The Interlocal
Purchasing System Cooperative Contracts may be renewed for one-year for the same annual amount.
The OMNIA Partners may be renewed for three (3) one-year terms the the same annual amount. The
renewals do not require specific City Council approval as long as sufficient funds have been
appropriated.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital and operating budgets,
as previously appropriated, in the ITS Capital Projects Funds for the Technology Infrastructure -IT and
the General Fund to support the approval of the above recommendation and exection of the purchase
agreements. Prior to any expenditure being incurred, the Information Technology Services
Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget I Reference # Amount
I
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Valerie Washington (6192)
Kevin Gunn (2015)
Kevin Gunn (2015)
041NFRASTRUCTURE MULTI -COOP funds availability_pdf (CFW Internal)
FID Template Multi Coop Dec2022.xlsx (CFW Internal)
Form 1295 Certificate 100986599 - NETSYNC.pdf (CFW Internal)
Form 1295 Certificate 100987319 CoFW DIR-TSO-4167 Presidio.pdf (CFW Internal)
Form 1295 Certificate 100987322 CoFW DIR-TSO-3763 Presidio.pdf (CFW Internal)
Form 1295 Certificate 100987323 CoFW DIR-TSO-4299 Presidio.pdf (CFW Internal)
Form 1295 Certificate 100987325 CoFw DIR-TSO-4288-Presidio.pdf (CFW Internal)
Form 1295 Certificate City of Ft Worth 2022-96353WWT.pdf (CFW Internal)
Form 1295 Certificate of Interested Eplus.pdf (CFW Internal)
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