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HomeMy WebLinkAboutContract 60629CSC No. 60629 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Johnston Technical Services, Inc. dba JTS ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B — Cooperative Agency Contract (DIR-CPO-4792); 4. Exhibit C — Conflict of Interest Questionnaire; and 5. Exhibit D — Cooperative Agency Contract Appendix C (Pricing Index) The Exhibits referenced above, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provisions of the attached documents, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Agreement shall control. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed Thirty -Nine Thousand Two Hundred Sixty and 17/100 Dollars ($39,260.17). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall begin on the date that this Agreement is executed by the City's Assistant City Manager ("Effective Date") and ending on May 28, 2025. City shall be able to renew this agreement for one (1) one-year renewal options by written agreement of the parties. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. OFFICIAL RECORD Cooperative Purchase Agreement CITY SECRETARY City of Fort Worth & Johnston Technical Services, Inc. dba JTS FT. WORTH, Tx Page 1 of 14 Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Johnston Technical Services, Inc. dba JTS Attn: Dana Burghdoff, Assistant City Manager Attn: Kyle Fuller 200 Texas Street 5310 S. Cockrell Hill Road Fort Worth, TX 76102-6314 Dallas, TX 75236 Facsimile: (817) 392-8654 Facsimile: NA With copy to Fort Worth City Attorney's Office at same address IP Indemnification. Vendor agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with the Agreement, it being understood that the agreement to indemnify, defend, settle or pay shall not apply if City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and expense of payment for claims or actions against the City pursuant to this section, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under the Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify the City under the Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non -infringing Cooperative Purchase Agreement City of Fort Worth & Johnston Technical Services, Inc. dba JTS Page 2 of 14 Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor, terminate the Agreement, and refund all amounts paid to Vendor by the City, subsequent to which termination City may seek any and all remedies available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY. Data Breach. Vendor further agrees that it will monitor and test its data safeguards from time to time, and further agrees to adjust its data safeguards from time to time in light of relevant circumstances or the results of any relevant testing or monitoring. If Vendor suspects or becomes aware of any unauthorized access to any financial or personal identifiable information ("Personal Data") by any unauthorized person or third party, or becomes aware of any other security breach relating to Personal Data held or stored by Vendor under the Agreement or in connection with the performance of any services performed under the Agreement or any Statement(s) of Work ("Data Breach"), Vendor shall immediately notify City in writing and shall fully cooperate with City at Vendor's expense to prevent or stop such Data Breach. In the event of such Data Breach, Vendor shall fully and immediately comply with applicable laws, and shall take the appropriate steps to remedy such Data Breach. Vendor will defend, indemnify and hold City, its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any and all claims, suits, causes of action, liability, loss, costs and damages, including reasonable attorney fees, arising out of or relating to any third party claim arising from breach by Vendor of its obligations contained in this Section, except to the extent resulting from the acts or omissions of City. All Personal Data to which Vendor has access under the Agreement, as between Vendor and City, will remain the property of City. City hereby consents to the use, processing and/or disclosure of Personal Data only for the purposes described herein and to the extent such use or processing is necessary for Vendor to carry out its duties and responsibilities under the Agreement, any applicable Statement(s) of Work, or as required by law. Vendor will not transfer Personal Data to third parties other than through its underlying network provider to perform its obligations under the Agreement, unless authorized in writing by City. Vendor's obligation to defend, hold harmless and indemnify City shall remain in full effect if the Data Breach is the result of the actions of a third party. All Personal Data delivered to Vendor shall be stored in the United States or other jurisdictions approved by City in writing and shall not be transferred to any other countries or jurisdictions without the prior written consent of City. [Signature Page Follows] Cooperative Purchase Agreement City of Fort Worth & Johnston Technical Services, Inc. dba JTS Page 3 of 14 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: Dana Bu andoff By: Dana Burghdoff (Dec 2023 09:25 CST) Name: Dana Burghdoff Title: Assistant City Manager Date: 12/20/2023 APPROVAL RECOMMENDED: C&eki HA,rd%r By: Christopher Harder (Dec 18, 202313:43 CST) Name: Christopher Harder Title: Water Director pp444pn poFORT �F ATTEST: �,,o 09-+°0 �o GVo% o=d By: Name: Jannette Goodall Title: City Secretary VENDOR: Johnston Technical Services, Inc. dba JTS By: 5Kil �Nam heffler 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. By: � �yv Name: Jason Lyssy Title: IT Manager, Water IT APPROVED AS TO FORM AND LEGALITY: 15 �111� By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Title: CEO OFFICIAL RECORD CITY SECRETARY Date: 12/15/2023 FT. WORTH, TX Cooperative Purchase Agreement City of Fort Worth & Johnston Technical Services, Inc. dba JTS Page 4 of 14 EXHIBIT A JTS VX5310 S Cockrell Hill Road Phone 972-620-1435 Dallas, TX 75236 JTS Tax I D#: 752621300 Fax The Preferred Choice in Wireless Integration Corey Wangler City of Fort Worth 1130 Fournier Ft Worth, TX 76102 Corey Wangler City of Fort Worth 1130 Fournier Ft Worth, TX 76102 Corey Wangler City of Fort Worth 1130 Fournier Ft Worth, TX 76102 Proposal Quote # JTSQ10262-03 Date 12/08/23 Sales Rep. Kyle Fuller 10 Gbps PTP Link - Cambium PTP 850E Option (DIR Quote) - Pricing is in accordance with State of Texas DIR contract #DIR-CPO-4792. DIR-CPO-4792 and the above Quote # must be referenced on the PO. - Contract Term End Date for DIR-CPO-4792 is 05/28/2024. Expiration date of this contract is 05/28/2026. - Email purchase order to: sales@jts.net. - This quotation is valid for a period of thirty (30) days. Pricing shown is FOB: Destination. - Terms are: NET 30. - This quotation does not include sales tax, as customer is tax-exempt. - All equipment warranties, unless otherwise noted, are pass -through from their respective OEMs. JTS warrants it's workmanship for a period of one (1) calendar year from the date of installation completion. - Travel expenses quoted (where applicable) must comply with the Texas State Travel Regulations, and Appendix A - Section 8, F of this Contract. - A late fee on past due invoices will apply. - Payments via credit card are subject to a 4% convenience fee. The following are the sites involved in this project Pier 1 Building (rooftop) 18-Story Structure 100 Pier 1 Place Fort Worth, TX 76102 32.75294,-97.34341 City of Fort Worth Water Department Building (rooftop) 3-Story Structure 1511 11th Avenue Fort Worth, TX 76102 32.74395,-97.34691 The following proposal is for the turn -key installation of a millimeter -wave link (70/80 GHz FCC licensed) based on the Cambium Networks PTP 850E series product between the above two sites. This is a 0.65 mile path, and designed as a 10 Gbps aggregate throughput link. JTS will provide all Cambium radio equipment, FCC licensing, installation materials, radio configuration services and labor. The Cambium Networks PTP 850E series radios will provide a Full Duplex Ethernet connection between all facilities. We will install 10' non -penetrating roof mounts with pads and support cinder blocks, and all radios will will utilize 2' high performance externally mounted antennas. A preliminary radio transmission analysis shows that the radio link will have a rain/multipath Page 5 of 14 EXHIBIT A availability rate of 99.999% operating at the highest modulation mode. SCOPE Installation, configuration and testing of Cambium microwave radio link. a. The radio/antennas will be installed onto JTS-provided 10' non -penetrating roof mounts on both ends. b. Custom pre -terminated fiber cabling as well as power cabling will be utilized at each end. c. Ground all radios and surge arrestors utilizing 6 AWG stranded wire. d. Run all cable through PVC conduit, using industry standard hardware for rooftop cable runs. e. Fine tune antenna alignment until expected signal levels are reached. f. Configure and test all radio equipment before and after the installation. Warranty Included in this quote are 5-Year All Risks Advance Replacement warranties on the Cambium PTP 850E radios. JTS warrants all workmanship for a period of one (1) calendar year from date of installation. An SLA (Service Level Agreement) quote is available upon request. Change Orders Any change orders for adds or deletions will need to be pre -approved by Customer in writing prior to actual implementation. Proposal Stipulations 1. Available site access upon crew arrival. 2. All work will be performed during normal business hours between 8:00 am and 5:00 pm CST. 3. JTS technicians will be allowed unrestricted access to all areas were work is to be performed. 4. Work that is requested outside the scope of work will be addressed as a change order and will not impact the initial completion schedule. 5. JTS has not included the provision or installation of any customer owned network electronics, such as switching equipment. 6. Customer will be responsible for all network/switch integration. 7. The point of demarcation for project handoff is the fiber cable from the radio to be connected to the SFP port on the switch. Customer is also responisble for assuring the existing/new switch is capable of handling the 10G connection with the correct SFP. 8. Customer will provide all network system parameter information prior to system installation. 9. It is assumed there are existing penetrations at all locations for cable runs. 1 1 Cambium Radio Link Installation/Configuration Labor and FCC Licensing 2 1 Cambium Networks PTP 850E Radios & Accessories, 2' Dish Antennas, Full Duplex, Complete Link 10 Gbps 3 1 Cambium Radio Link Installation Materials (Includes 10' non -pen masts, custom fiber, grounding, conduit, LPUs, etc.) 4 1 Cambium Networks All -Risks Advance Replacement Warranty - 5 Years Proposal JTSQ10262-03 JTS City of Fort Worth $15, 531.96 $12,158.44 $10,084.97 $1,484.80 SubTotal $39,260.17 Sales Tax $0.00 Shipping $0.00 Total $39,260.17 12/8/2023 Page 6 of 14 EXHIBIT B DIR Contract No. DIR-CPO-4792 STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR SERVICES Johnston Technical Services, Inc. Dba: JTS Introduction A. Parties This Contract for products and related services is entered into between the State of Texas, acting by and through the Department of Information Resources (hereinafter "DIR") with its principal place of business at 300 West 151h Street, Suite 1300, Austin, Texas 78701, and Johnston Technical Services, Inc. Dba: JTS, (hereinafter "Successful Respondent"), with its principal place of business at 5310 S. Cockrell Hill Road, Dallas, TX 75236. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer (RFO) DIR-CPO-TMP-443, on 10/28/2019, for Law Enforcement, Surveillance and Security Monitoring, Emergency Preparedeness, Disaster Recovery Technology Products and Services. Upon execution of this Contract, a notice of award for RFO DIR-CPO-TMP-443 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: i. this Contract; ii. Appendix A, Standard Terms and Conditions; iii. Appendix B, Successful Respondent's Historically Underutilized Businesses Subcontracting Plan; iv. Appendix C, Pricing Index; V. Appendix D, Service Agreement Template; vi. Exhibit 1, Successful Respondent's Response to RFO DIR-CPO-TMP-443, including all Addenda; vii. and Exhibit 2, RFO DIR-CPO-TMP-443, including all Addenda; Each of the foregoing documents is incorporated by reference and together constitute the entire agreement between DIR and Successful Respondent governing purchase transactions. In the event of a conflict between the documents listed in this paragraph, the controlling Page 7 of 14 EXHIBIT B DIR Contract No. DIR-CPO-4792 document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Appendix D, then Exhibit 1, and finally Exhibit 2. 2 Term of Contract The initial term of this Contract shall be two (2) years commencing the last date of approval by DIR and Successful Respondent, with one (1) optional two-year renewal followed by one (1) optional one-year renewal. Prior to expiration of each term, this Contract will renew automatically under the same terms and conditions unless either party provides notice to the other party sixty (60) days in advance of the renewal date stating that the party wishes to discuss modification of terms or not renew. 3 Option to Extend Successful Respondent agrees that DIR may require continued performance, not including termination assistance, beyond the initial or any renewal Contract term, of any of the within described services at the rates specified in the Contract. This option may be exercised more than once, but the total extension of performance hereunder shall not exceed four (4) calendar months. Such extension of services shall be subject to the requirements of the Contract, with the sole and limited exception that the original date of termination shall be extended pursuant to this provision. DIR may exercise this option upon thirty (30) calendar days written notice to Successful Respondent. 4 Product and Service Offerings A. Products Products available under this Contract are limited to Law Enforcement, Surveillance and Security Monitoring, Emergency Preparedness, Disaster Recovery Technology Products and Related Services as specified in Appendix C, Pricing Index. Successful Respondent may incorporate changes to its product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.13 above. Successful Respondent may not add product offerings from a manufacturer if such manufacturer was not included in Successful Respondent's response to the solicitation described in Section 1.13 above. B. Services Services available under this Contract are limited to the Law Enforcement, Surveillance and Security Monitoring, Emergency Preparedness, Disaster Recovery Technology Products and Related Services as specified in Appendix C, Pricing Index. Successful Respondent may incorporate changes to its services offering; however, any changes must be within the scope of the RFO and services awarded based on the posting described in Section 1.13 above. Successful Respondent may not add services which were not included in Successful Respondent's response Page 8 of 14 EXHIBIT B DIR Contract No. DIR-CPO-4792 to the solicitation described in Section 1.13 above. Successful Respondent may adjust its service zones upon approval from DIR and via amendment to this Contract. Customers (as defined in Appendix A, Standard Terms and Conditions) may request the services by a Service Agreement and/or Statement of Work ("SOW"). Successful Respondent shall respond by demonstrating qualifications and experience for each engagement. Customer will determine best value depending on Customer's needs and criteria. The Service Agreement is shown in Appendix D. 5 Pricing Pricing to Customer shall be as set forth in Appendix A, Standard Contract Terms and Conditions, Section 8, Pricing, Purchase Orders, Invoices and Payment, and as limited by Appendix C, Pricing Index, and shall include the DIR Administrative Fee. 6 DIR Administrative Fee A) The administrative fee to be paid by Successful Respondent to DIR based on the dollar value of all sales to Customers pursuant to this Contract shall be three quarters of one percent (.75%). Payment will be calculated for all sales, net of returns and credits. For example, the DIR Administrative Fee for sales totaling $100,000 shall be $750.00. B) All prices quoted to Customers shall include the DIR Administrative Fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon written notice to Successful Respondent without further requirement for a formal contract amendment. Any change in the DIR Administrative Fee shall be incorporated in the price to Customer. 7 Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Hershel Becker or Successor in Office Chief Procurement Officer Department of Information Resources 300 W. 151h St., Suite 1300 Austin, Texas 78701 Phone: (512) 475-4700 If sent to Successful Respondent: Kyle Fuller Johnston Technical Services, Inc. Dba: JTS 5310 S. Cockrell Hill Road Page 9 of 14 EXHIBIT B DIR Contract No. DIR-CPO-4792 Dallas, Texas 75236 Phone: (972) 620-1435 Email: kvle.fuller(i6ts.net 8 Shrink/Click-wrap License and Service Agreements A. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery ("Shrink/Click-wrap License Agreement"), the terms and conditions set forth in this Contract shall supersede. 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 terms of the Shrink/Click-wrap License Agreement, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language. B. Service Agreement Template Services provided under this Contract shall be in accordance with the Service Agreement Template as set forth in Appendix D of this Contract or an applicable SOW. No changes to the Service Agreement terms and conditions may be made unless previously agreed to by Successful Respondent and Customer. If utilizing the Service Agreement Template, Successful Respondent and Customer may agree to terms and conditions that do not diminish or lessen the rights or protections of the Customer or the responsibilities or liabilities of Successful Respondent. C. Conflicting or Additional Terms 1) In the event that conflicting or additional terms in Vendor Software License Agreements, Shrink/Click-wrap License Agreements, Service Agreements or linked or supplemental documents amend or diminish the rights of Customers or the State, such conflicting or additional terms shall not take precedence over the terms of this Contract. 2) In the event of a conflict, any linked documents may not take precedence over the printed or referenced documents comprising this Contract; provided further that any update to such linked documents shall only apply to purchases or leases of the associated Successful Respondent product or service offering after the effective date of the update; Page 10 of 14 EXHIBIT B DIR Contract No. DIR-CPO-4792 and, provided further, that, if Successful Respondent has responded to a solicitation or request for pricing, no update of such linked documents on or after the initial date of Successful Respondent 's initial response shall apply to that purchase unless Successful Respondent directly informs Customer of the update before the purchase is consummated. 3) In the event that different or additional terms or conditions would otherwise result from accessing a linked document, Customer's agreement to said linked document shall not be effective until reviewed and approved in writing by Customer's authorized signatory. 4) Successful Respondent shall not require any document that: i) diminishes the rights, benefits, or protections of the Customer, or that alters the definitions, measurements, or method for determining any authorized rights, benefits, or protections of the Customer; or ii) imposes additional costs, burdens, or obligations upon Customer, or that alters the definitions, measurements, or method for determining any authorized costs, burdens, or obligations upon Customer. 5) If Successful Respondent attempts to do any of the foregoing, the prohibited documents will be void and inapplicable to this Contract between DIR and Successful Respondent or the contract between Successful Respondent and Customer, and Successful Respondent will nonetheless be obligated to perform the contract without regard to the prohibited documents, unless Customer elects instead to terminate the contract, which in such case may be identified as a termination for cause against Successful Respondent. 6) The foregoing requirements apply to all contracts, including, but not limited to, contracts between Customer and a Reseller (as defined in Appendix A, Standard Terms and Conditions) who attempts to pass through documents and obligations from its manufacturer or publisher. 9 Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and Related Services Contracts. No exceptions have been agreed to by DIR and Successful Respondent. Page 11 of 14 EXHIBIT B DIR Contract No. DIR-CPO-4792 This Contract is executed to be effective as of the date of last signature. Johnston Technical Services, Inc. Dba: JTS Authorized By: Signature on File Name: Kim Sheffler Title: President Date: 5/25/2021 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Hershel Becker Title: Chief Procurement Officer Date: 5/28/2021 Office of General Counsel: Signature on File 5/27/2021 Page 12 of 14 EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CIQ This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. Johnson Technical Services, Inc J ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F—x I No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? 71 Yes FX I No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. J ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J �`-- 12/15/2023 Signae end �oing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 13 of 14 EXHIBIT D Appendix C Pricing Index DIR-CPO-4792 Johnston Technical Services, Inc. Dba: JTS Law Enforcement ODU 600 Radios, Spares, and Capacity Aviat Networks 55.00% Equipment Upgrade Licenses ODU 600 Coupler Assemblies, Law Enforcement Aviat Networks Waveguide, Transition Kits, Lightning 33.00% Equipment Arrestors, and Test Kits Law Enforcement IRU600 Radios, Spares, and Capacity Aviat Networks 50.00% Equipment Upgrade Licenses Law Enforcement IRU600 Waveguide Extension Kits and Aviat Networks 33.00% Equipment other Misc Hardware Law Enforcement CTR 8300 Radios, Spares, and Aviat Networks 50.00% Equipment Capacity Upgrade Licenses Law Enforcement CTR 8300 Accessories and Misc Aviat Networks 33.00% Equipment License Key Add-Ons Law Enforcement CTR 8540 Radios, Spares, and Aviat Networks 50.00% Equipment Capacity Upgrade Licenses Law Enforcement CTR 8540 Accessories and and Misc Aviat Networks 33.00% Equipment License Key Add-Ons Law Enforcement Eclipse INUe Radios, Spares, Capacity Aviat Networks 50.00% Equipment Upgrade Licenses, and Power Options Law Enforcement Eclipse INUe Racks, Accessories and Aviat Networks 33.00% Equipment and Misc License Key Add-Ons Law Enforcement WTM 4000 Series Radios and Capacity Aviat Networks Equipment License Upgrades 60.00% WTM 4000 Series Waveguide Aviat Networks Law Enforcement Transition Kits, PoE Injectors, Cable 15.00% Equipment Assemblies, SFP Modules Law Enforcement Antennas, IF Cables, Waveguide, Aviat Networks Equipment Dehydrators, Misc. Accessories 10.00% Law Enforcement Aviat Networks 5.00% Equipment Warranties Law Enforcement Tessco Equipment Ventev Enclosures and Accessories 15.00% Law Enforcement Antennas, Transmission Line, Tessco Equipment Connectors, Misc. Site Materials 10.00% Law Enforcement JTS Equipment Miscellaneous Installation Hardware 5.00% Installation, Maintenance, Troubleshooting, Training, FCC JTS Law Enforcement Services Licensing, Acceptance Testing/ 12.00% System Commissioning, SLAB Page 14 of 14 FORT WORTH. Routing and Transmittal Slip Water Department DOCUMENT TITLE: ITS DIR-CPO-4792 COOP M&C: CPN: CSO: TO: INITIALS Rick Lisenbee — Approver RL Jason Lyssy — Contract Compliance Manager Vendor: JTS, Kyle Fuller kyle.fuller@jts.net Shane Zondor — Approver ;Z Jan Hale — Approver ibh Christopher Harder — Signer Taylor Paris — Signer Dana Burghdoff — Signer Ron Gonzales — Approver KC Jannette Goodall — Signer Allison Tidwell — Form Filler Tim Shidal — Acceptor Needs to be notarized: ❑ YES 0 NO Action Reauired: ❑ As Requested ❑ For Your Information nSignature/Routing and/or Recording ❑ Comment ❑ File FOR CMO USE ONLY: Routing to CSO xx YES ❑ NO DOC #: EXPLANATION MEMO Attached is a cooperative purchase agreement with Johnston Technical Services, Inc. dba JTS for the amount of $39,260.17. The term of the agreement will commence on execution by the Assistant City Manager. It will expire on May 28, 2025. JTS will install a 1 OGbs aggregate millimeter -wave link connection between Future City Hall and the Holly Water Treatment Plant. The turn -key installation includes FCC licensing, installation materials, radio configuration services, and labor. Please approve/sign the cooperative purchase agreement via Adobe Sign. If you have any questions or concerns, please contact me or call Jason Lyssy at (817) 392-2476. Thank you, Tim Shidal Sr. IT Business Planner, Water IT Fort Worth Water Department 200 Texas Street Fort Worth, Texas 76102 (817) 392-2515 tim. shidal(& fortworthtexas. 2ov