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HomeMy WebLinkAboutContract 61462CSC No. 61462 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between CDW Government, LLC. ("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 — DIR-CPO-5303; 3. Exhibit B — DIR-CPO-5303 Approved Manufacturers; 4. Exhibit C — DIR-CPO-5303 Pricing Index; and 4. Exhibit D — Conflict of Interest Questionnaire. Exhibits A, B, C and D which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement by City shall not exceed the amount of one hundred thousand dollars ($100,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall be effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and ending on March 17, 2026. City shall be able to renew this agreement for one (1) optional two-year renewal and two (2) optional one-year renewals by written agreement of the parties. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other parry, 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: OFFICIAL RECORD Cooperative Purchase CITY SECRETARY FT. WORTH, TX To CITY: City of Fort Worth Attn: Mark McDaniel Deputy City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: CDW Government, LLC. ATTN: Legal Department 230 N. Milwaukee Ave Vernon Hills, IL 60061 Facsimile: N/A Cooperative Purchase 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: By: t� Name: Mark McDaniel Title: Deputy City Manager Date: May 24, 2024 APPROVAL RECOMMENDED: aa� By: Name: Kevin Gunn Title: IT Solutions Director 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. lo� By: Name: Jeff Park Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: ATTEST: By: Name: Taylor Paris Title: Assistant City Attorney By: CONTRACT AUTHORIZATION: Name: Jannette Goodall M&C: N/A Title: City Secretary VENDOR: CDW Government LLC By: Name: Dario Bertocchi Title: VP Contracting Operations Date: May 23, 2024 Cooperative Purchase EXHIBIT A DIR Contract No. DIR-CPO-5303 CDW Government LLC-1364230110800 STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES CDW Government LLC 1 INTRODUCTION 1.1 Parties This contract for Software, Commercial Off -the -Shelf (COTS) and Related Services (this "Contract") 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 CDW Government LLC, an Illinois Limited Liability Company (hereinafter "Successful Respondent"), with its principal place of business at 230 North Milwaukee Avenue Vernon Hills, Illinois 60061. 1.2 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-570, on February 2, 2023, for Software, Commercial Off -the -Shelf (COTS) and Related Services (the "RFO"). Upon execution of all Contracts, a notice of award for DIR-CPO-TMP-570, shall be posted by DIR on the Electronic State Business Daily. 1.3 Order of Precedence A. For transactions under this Contract, the order of precedence shall be as follows: 1. this Contract; 2. Appendix A, Standard Terms and Conditions; 3. Appendix B, Successful Respondent's Historically Underutilized Businesses Subcontracting Plan; 4. Appendix C, Pricing Index; 5. Exhibit 1, RFO DIR-CPO-TMP-570, including all Addenda; and 6. Exhibit 2, Successful Respondent's Response to RFO DIR-CPO-TMP-570, including all Addenda. DIR Contract No. DIR-CPO-5303 CDW Government LLC- 1364230110800 B. Each of the foregoing documents is hereby incorporated by reference and together constitute the entire agreement between DIR and Successful Respondent. 1.4 Definitions Capitalized terms used but not defined herein have the meanings given to them in Appendix A, Standard Terms and Conditions. 2 TERM OF CONTRACT The initial term of this Contract shall be up to two (2) years commencing on the date of the last signature hereto (the "Initial Term"), with one (1) optional two-year renewal and two (2) optional one-year renewals (each, a "Renewal Term"). Prior to expiration of the Initial Term and each Renewal Term, this Contract will renew automatically under the same terms and conditions unless either party provides written notice to the other party at least sixty (60) days in advance of the renewal date stating that the party wishes to discuss amendment or non -renewal. 3 OPTION TO EXTEND Successful Respondent agrees that DIR may require continued performance under this Contract at the rates specified in this Contact following the expiration of the Initial Term or any Renewal Term. This option may be exercised more than once, but the total extension of performance hereunder shall not exceed ninety (90) calendar days. Such extension of services shall be subject to the requirements of the Contract, with the sole and limited exception that the original date of termination shall be extended pursuant to this provision. DIR may exercise this option upon thirty (30) calendar days written notice to the Successful Respondent. 4 PRODUCT AND SERVICE OFFERINGS Products and services available under this Contract are limited to the technology categories defined in Request for Offer DIR-CPO-TMP-570 for Software, Commercial Off -the -Shelf (COTS) and Related Services. At DIR's sole discretion, Successful Respondent may incorporate changes or make additions to its product and service offerings, provided that any changes or additions must be within the scope of the RFO. DIR-CPO-TMP-570 Page 2 of 10 Version 1.0 Rev.3/21 /23 DIR Contract No. DIR-CPO-5303 CDW Government LLC- 1364230110800 5 PRICING 5.1 Pricing Index Pricing to Customers shall be as set forth in Appendix C, Pricing Index, and shall include the DIR Administrative Fee (as defined below). 5.2 Customer Discount A. The minimum Customer discount for all products and services will be the percentage off List Price (as defined below) or MSRP (as defined below), as applicable, as specified in Appendix C, Pricing Index. Successful Respondent shall not establish a List Price or MSRP for a particular solicitation. For purposes of this Section, "List Price" is the price for a product or service published in Successful Respondent's price catalog (or similar document) before any discounts or price allowances are applied. For purposes of this Section, "MSRP," or manufacturer's suggested retail price, is the price list published by the manufacturer or publisher of a product and available to and recognized by the trade. B. Customers purchasing products or services under this Contract may negotiate additional discounts with Successful Respondent. Successful Respondent and Customer shall provide the details of such additional discounts to DIR upon request. C. If products or services available under this Contract are provided at a lower price to: (i) an eligible Customer who is not purchasing those products or services under this Contract, or (ii) to any other customer under the same terms and conditions provided for the State for the same products and services under this contract, then the price of such products and services under this Contract shall be adjusted to that lower price. This requirement applies to products or services quoted by Successful Respondent for a quantity of one (1), but does not apply to volume or special pricing purchases. Successful Respondent shall notify DIR within ten (10) days of providing a lower price as described in this Section, and this Contract shall be amended within ten (10) days to reflect such lower price. 5.3 Changes to Prices A. Subject to the requirements of this section, Successful Respondent may change the price of any product or service upon changes to the List Price or MSRP, as DIR-CPO-TMP-570 Page 3 of 10 Version 1.0 Rev.3/21 /23 DIR Contract No. DIR-CPO-5303 CDW Government LLC- 1364230110800 applicable. Discount levels shall not be subject to such changes, and will remain consistent with the discount levels specified in this Contract. B. Successful Respondent may revise its pricing by publishing a revised pricing list, subject to review and approval by DIR. If DIR, in its sole discretion, finds that the price of a product or service has been increased unreasonably, DIR may request that Successful Respondent reduce the pricing for the product or service to the level published before such revision. Upon such request, Successful Respondent shall either reduce the pricing as requested, or shall remove the product or service from the pricing list for this Contract. Failure to do so will constitute an act of default by Successful Respondent. 5.4 Shipping and Handling Prices to Customers shall include all shipping and handling fees. Shipments will be Free On Board Customer's Destination. No additional fees may be charged to Customers for standard shipping and handling. If a Customer requests expedited or special delivery, Customer will be responsible for any additional charges for expedited or special delivery. 5.5 Travel Expenses Pricing for services provided under this Contract are exclusive of any travel expenses that may be incurred in the performance of such services. Travel expense reimbursement may include personal vehicle mileage or commercial coach transportation, hotel accommodations, parking, and meals; provided, however, the amount of reimbursement by Customers shall not exceed the amounts authorized for state employees as adopted by each Customer; and provided, further, that all reimbursement rates shall not exceed the maximum rates established for state employees under the current State Travel Management Program. Travel time may not be included as part of the amounts payable by Customer for any services provided under this Contract. The DIR Administrative Fee is not applicable to travel expense reimbursement. Anticipated travel expenses must be pre -approved in writing by the Customer. The Customer reserves the right not to pay travel expenses which are not pre -approved in writing by the Customer. DIR-CPO-TMP-570 Page4of 10 Version 1.0 Rev.3/21 /23 DIR Contract No. DIR-CPO-5303 CDW Government LLC- 1364230110800 6 DIR ADMINISTRATIVE FEE A. Successful Respondent shall pay an administrative fee to DIR based on the dollar value of all sales to Customers pursuant to this Contract (the "DIR Administrative Fee"). The amount of the DIR Administrative Fee shall be seventy-five hundredths of a percent (0.75%) of all sales, net of returns and credits. For example, the administrative fee for sales totaling $100,000 shall be $750. B. All prices quoted to Customers shall include the DIR Administrative Fee. DIR reserves the right to increase or decrease the DIR Administrative Fee during the term of this Contract, upon written notice to Successful Respondent without amending this Contract. Any increase or decrease in the DIR Administrative Fee shall be incorporated in the price to Customers. 7 INTERNET ACCESS TO CONTRACT AND PRICING INFORMATION In addition to the requirements listed in Appendix A, Section 7.2, Internet Access to Contract and Pricing Information Successful Respondent shall include the following with its webpage: A. A current price list or mechanism to obtain specific contract pricing; B. MSRP/list price or DIR Customer price; C. Discount percentage(%) off MSRP or List Price; D. Warranty policies; E. Return policies; F. A link to DIR's list of TX -RAMP certified Cloud Products; and G. A link to Service Level Agreements for each Saas product awarded, which, at a minimum, shall include metrics and method for calculating and reporting results for: 1. service availability; ii. recovery time objectives; and iii. data loss tolerance levels (also known as recovery point objectives). DIR-CPO-TMP-570 Page 5 of 10 Version 1.0 Rev.3/21 /23 DIR Contract No. DIR-CPO-5303 CDW Government LLC- 1364230110800 8 USE OF ORDER FULFILLERS 8.1 Authorization to Use Order Fulfillers Subject to the conditions in this Section 8, DIR agrees to permit Successful Respondent to utilize designated order fulfillers to provide products, services, and support resources to Customers under this Contract ("Order Fulfillers"). 8.2 Designation of Order Fulfillers A. Successful Respondent may designate Order Fulfillers to act as the distributors for products and services available under this Contract. In designating Order Fulfillers, Successful Respondent must be in compliance with the State's Policy on Utilization of Historically Underutilized Businesses. DIR and Successful Respondent will agree on the number of Order Fulfillers that are Historically Underutilized Businesses as defined by the CPA. B. In addition to the required Subcontracting Plan, Successful Respondent shall provide DIR with the following Order Fulfiller information: Order Fulfiller name, Order Fulfiller business address, Order Fulfiller CPA Identification Number, Order Fulfiller contact person email address and phone number. C. DIR reserves the right to require Successful Respondent to rescind any Order Fulfiller participation or request that Successful Respondent name additional Order Fulfillers should DIR determine it is in the best interest of the State. D. Successful Respondent shall be fully liable for its Order Fulfillers' performance under and compliance with the terms and conditions of this Contract. Successful Respondent shall enter into contracts with Order Fulfillers and use terms and conditions that are consistent with the terms and conditions of this Contract. E. Successful Respondent may qualify Order Fulfillers and their participation under the Contract provided that: i) any criteria is uniformly applied to all potential Order Fulfillers based upon Successful Respondent's established, neutrally applied criteria, ii) the criteria is not based on a particular procurement, and iii) all Customers are supported under the criteria. F. Successful Respondent shall not prohibit any Order Fulfiller from participating in other procurement opportunities offered through DIR. DIR-CPO-TMP-570 Page 6 of 10 Version 1.0 Rev.3/21 /23 DIR Contract No. DIR-CPO-5303 CDW Government LLC- 1364230110800 8.3 Changes in Order Fulfiller Successful Respondent may add or remove Order Fulfillers throughout the term of this Contract upon written authorization by DIR. Prior to adding or removing Order Fulfillers, Successful Respondent must make a good faith effort to revise its Subcontracting Plan in accordance with the State's Policy on Utilization of Historically Underutilized Businesses. Successful Respondent shall provide DIR with its updated Subcontracting Plan and the Order Fulfillers information listed above. 8.4 Order Fulfiller Pricing to Customer Order Fulfiller pricing to the Customer shall be in accordance with Section 5. 9 NOTIFICATION All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Lisa Massock or Successor in Office Chief Procurement Officer Department of Information Resources 300 W. 15' St., Suite 1300 Austin, Texas 78701 Phone: (512) 475-4700 Email: lisa.massock cDdir.texas.aov If sent to Successful Respondent:, Dario Bertocchi Vice President, Contracting Operations CDW Government LLC 230 North Milwaukee Avenue Vernon Hills, IL 60061 Phone: (203) 851-7049 Email: dariberna cdw.com DIR-CPO-TMP-570 Page 7 of 10 Version 1.0 Rev.3/21 /23 DIR Contract No. DIR-CPO-5303 CDW Government LLC- 1364230110800 10 SOFTWARE LICENSE 10.1 Software License Agreement A. Customers acquiring software licenses under this Contract shall hold, use, and operate such software subject to compliance with the Software License Agreement. Customer and Successful Respondent may agree to additional terms and conditions that do not diminish a term or condition in the Software License Agreement, or in any manner lessen the rights or protections of Customer or the responsibilities or liabilities of Successful Respondent. Successful Respondent shall make the Software License Agreement terms and conditions available to all Customers at all times. B. Compliance with the Software License Agreement is the responsibility of the Customer. DIR shall not be responsible for any Customer's compliance with the Software License Agreement. 11 CONFLICTING OR ADDITIONAL TERMS A. The terms and conditions of this Contract shall supersede any additional conflicting or additional terms in any additional service agreements, statement of work, and any other provisions, terms, conditions, and license agreements, including those which may be affixed to or accompany software upon delivery (sometimes called shrink-wrap or click -wrap agreements), and any linked or supplemental documents, which may be proposed, issued, or accepted by Successful Respondent and Customer in addition to this Contract (such additional agreements, "Additional Agreements"), regardless of when such Additional Agreements are proposed, issued, or accepted by Customer. Notwithstanding the foregoing, it is Customer's responsibility to review any Additional Agreements to determine if Customer accepts such Additional Agreement. If Customer does not accept such Additional Agreement, Customer shall be responsible for negotiating any changes thereto. B. Any update or amendment to an Additional Agreement shall only apply to Purchase Orders for the associated product or service offering after the effective date of such update or amendment; provided that, if Successful Respondent has responded to a Customer's solicitation or request for pricing, any subsequent DIR-CPO-TMP-570 Page 8 of 10 Version 1.0 Rev.3/21 /23 DIR Contract No. DIR-CPO-5303 CDW Government LLC- 1364230110800 update or amendment to an Additional Agreement may only apply to a resulting Purchase Order if Successful Respondent directly informs such Customer of such update or amendment before the Purchase Order is executed. C. Successful Respondent shall not require any Additional Agreement that: i) diminishes the rights, benefits, or protections of Customer, or that alters the definitions, measurements, or method for determining any authorized rights, benefits, or protections of 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. D. If Successful Respondent attempts to do any of the foregoing, the prohibited documents will be void and inapplicable to this Contract or the Purchase Order between Successful Respondent and Customer, and Successful Respondent will nonetheless be obligated to perform such Purchase Order without regard to the prohibited documents, unless Customer elects instead to terminate such Purchase Order, which in such case may be identified as a termination for cause against Successful Respondent. 12 AUTHORIZED EXCEPTIONS TO APPENDIX A, STANDARD TERMS AND CONDITIONS No exceptions have been agreed to by DIR and Successful Respondent. (Remainder of this page intentionally left blank.) DIR-CPO-TMP-570 Page 9 of 10 Version 1.0 Rev.3/21 /23 DIR Contract No. DIR-CPO-5303 CDW Government LLC- 1364230110800 This Contract is executed to be effective as of the date of last signature. CDW Government LLC Authorized By: _ S""""'a""'n"""'a""'tu=re"""'o""'n'--'-F"-Ile----- Name: Dario Bertocchi Title: VP. Contractina ODerations Date: 3/12/2024 1 10:52 AM PDT The State of Texas, acting by and through the Department of Information Resources Authorized By: _ S""""'a""'n""'"a""'tu=r--a""°'o°"'n' F" e__ Name: Lisa Massock Title: Chief Procurement Officer Date:-1:1.1,,.:,..,:18..,,..1=20:C.,,:2' -'4 + 1=3' 1',:,,;..4,,;..„P.,,,,,.:,M,;,.,,,C=D::,,,,T„ Office of General Counsel: Initial on File Date: 3/1 8420241 3:14PMCDT DIR-CPO-TMP-570 Page 10 of 10 Version 1.0 Rev.3/21 /23 EXHIBIT B Texas Department of Information Resources Below are the Manufacturers vetted and approved on DIR-CPO-5303 Absolute Dynatrace Mimecast Tanium Artic Wolf Elastic Netskope Tenable Barracuda ESET Okta Trellix BeyonclTrust Extrahop OpenText Trend Micro Bitdefender F5 Paessler VEEAM BMC Firemon Ping Identity VMWare Box Forcepoint Proofpoint Watchguard Calabrio Google Rapid? ZOOM Certero IncidentlQ Redhat Zscaler CheckPoint Itopia RSA Security CDW Services Commvault JAM Sciencelogic Training Crowdstrike Kajeet SentinelOne Google Services CyberArk KnowBe4 SolarWinds Delinea Lightspeed Sophos Druva Malwarebytes SUSE For more information, contact your dedicated Account Manager Peter McGee 877-708-8009 1 petmcge@cdwg.com CDIV 800.808.4239 CDW.com EXHIBIT C Absolute Security Software 7.00% Per Device Artie Wolf Security Software 6.00% Per User Barracuda Security Software 6.00% Per Server or Per User BeyonclTrust Security Software 6.00% Per User Bitdefender Security Software 5.00% Per Device or Per User BMC Network Management Software 5.00% Per User BOX Cloud Collaboration and Security Software 6.00% Per User Calabria Telephone Recording Software 6.00% Per User Certero Network Management Software 5.00% Per Server or Per User CheckPoint Security Software 6.00% Per Server or Per User Commvault Back -Up and Disaster Recovery Software 6.00% Per Server CrowdStrike Security Software 6.00% Per User CyberArk Security Software 6.00% Per User Delinea (formerly Centrify) Security Software 5.00% Per Server or Per User Druva Back -Up and Disaster Recovery Software 4.00% Per Server or Per User Dynatrace Business Analytics 6.00% Per Device Elastic Business Analytics 5.00% Per Server or Per User Eset Security Software 6.00% Per User Security and Network Management Extrahop 6.00% Per Device or Per User Software Security and Network Management FS 6.00% Per Server Software Security and Network Management Fireman 6.00% Per User Software Forcepoint Security Software 5.00% Per Server or Per User GOOGLE Network Management Software 5.00% Per User Incident IQ Network Management Software 5.00% Per User !TOPIA, INC. Cloud Collaboration Software 6.00% Per User JAM SOFTWARE Mobile Devise Enablement 6.00% Per Device KAJEET Mobile Devise Enablement 7.00% Per User KNOWBE4 Security Software 6.00% Per User LIGHTSPEED SYSTEMS Security Software 6.00% Per User MALWAREBYTES Security Software 6.50% Per User MIMECAST Back-up Drive Software 5.00% Per User NETSKOPE Security Software 5.00% Per Server OKTA Security Software 6.00% Per User Legal, and Document Management OPEN TEXT 6.00% Per User Software PAESSLER Network Management Software 6.00% Per Device PING IDENTITY Security Software 5.50% Per User Storage, Management and Security PROOFPOINT 5.50% Per User Software RAPID? LLC Security Software 5.00% Per User RED HAT Operating Systems 6.00% Per Server RSA SECURITY Security Software 6.00% Per Server SCIENCELOGIC Network Management Software 5.50% Per User SENTINELONE Security Software 5.00% Per Server SOLAR WINDS Network Management Software 6.00% Per User SOPHOS Security Software 5.00% Per User SUSE Operating Systems 6.00% Per Server TANIUM Security Software 6.00% Per User TENABLE Security Software 6.00% Per Device or Per User TRELLIX Security Software 6.00% Per User TREND MICRO Security Software 5.00% Per User VEEAM Back-up Drive Software 6.50% Per Socket or Per User VMWARE Virtualization Software 6.00% Per Server WATCHGUARD Security Software 6.00% Per User ZOOM Video Conferencing Software 6.50% Per User ZSCALER Security Software 5.00% Per User All Brands Installation 5.00% Per Hour All Brands Configuration 5.00% Per Hour All Brands Implementation 5.00% Per Hour All Brands Project Manager 5.00% Per Hour All Brands Associate Consulting Engineer 5.00% Per Hour All Brands Consulting Engineer 5.00% Per Hour All Brands Training 5.00% Per Hour Google Audit XS District 0-1000 1.00% Per Unit Google Audit Small District 1000-5000 1.00% Per Unit Google Audit Medium District 5001-20000 1.00% Per Unit Google Audit Large District 20001-40000 1.00% Per Unit Google Audit XL District >40000 1.00% Per Unit Google Chrome Checkup XS District 0-1000 1.00% Per Unit Google Chrome Checkup Small District 1000-5000 1.00% Per Unit Google Chrome Checkup Medium District 5001-20000 1.00% Per Unit Google Chrome Checkup Large District 20001-40000 1.00% Per Unit Google Chrome Checkup XL District>40000 1.00% Per Unit Google Kickstart XS District 0-1000 1.00% Per Unit Google Kickstart Small District 1000-5000 1.00% Per Unit Google Kickstart Medium District 5001-20000 1.00% Per Unit Google Kickstart Large District 20001-40000 1.00% Per Unit Google Kickstart XL District >40000 1.00% Per Unit Google NAGTC XS District 0-1000 1.00% Yearly licensing cost Google NAGTC Small District 1000-5000 1.00% Yearly licensing cost Google NAGTC Medium District 5001-20000 1.00% Yearly licensing cost Google NAGTC Large District 20001-40000 1.00% Yearly licensing cost Google NAGTC XL District >40000 1.00% Yearly licensing cost Google Gopher for Chrome XS District 0-1000 1.00% Custom Google Gopher for Chrome Small District 1000-5000 1.00% Custom Google Gopher for Chrome Medium District 5001-20000 1.00% Custom Google Gopher for Chrome Large District 20000-400000 1.00% Custom Google Gopher for Chrome Premium XS District 0-1000 1.00% Custom Google Gopher for Chrome Premium Small District 1000 1.00% Custom 5000 Gopher for Chrome Premium Medium District Google 5001-40000 1.00% Custom Google Gopher for Chrome Premium Large District 1.00% Custom 20001-40000 Google Gopher for Groups XS District 0-1000 1.00% Custom Google Gopher for Groups Small District 1000-5000 1.00% Custom Google Gopher for Groups Medium District 5001-20000 1.00% Custom Google Gopher for Groups Large District 20000-40000 1.00% Custom Google Gopher for Gmail XS District 0-1000 1.00% Custom Google Gopher for Gmail Small District 1000-5000 1.00% Custom Google Gopher for Gmail Medium District 5001-20000 1.00% Custom Google Gopher for Gmail Large District 20001-40000 1.00% Custom Google Gopher for Users XS District 0-1000 1.00% Custom Google Gopher for Users Small District 1000-5000 1.00% Custom Google Gopher for Users Medium District 5001-20000 1.00% Custom Google Gopher for Users Large District 20001-40000 1.00% Custom Google Gopher Pack XS District 0-1000 1.00% Custom Google Gopher Pack Small District 1000-5000 1.00% Custom Google Gopher Pack Medium District 5001-20000 1.00% Custom Google Gopher Pack Large District 20001-40000 1.00% Custom Google Admin Tools Unlimited XS District 0-1000 1.00% Custom Google Admin Tools Unlimited Small District 1000-5000 1.00% Custom Admin Tools Unlimited Medium District 5001- Google 20000 1.00% Custom Google Admin Tools Unlimited Large 20001-40000 1.00% Custom Google Lil SIS for Classroom XS District 0-1000 1.00% Custom Google Lil SIS for Classroom Small District 1000-5000 1.00% Custom Google Lil SIS for Classroom Medium District 5001- 1.00% Custom 20000 Google Lil SIS for Classroom Large District 20001- 1.00% Custom 40000 Google Lil SIS Premium XS District 0-1000 1.00% Custom Google Lil SIS Premium Small District 1000-5000 1.00% Custom Google Lil SIS Premium Medium District 5001-20000 1.00% Custom Google Lil SIS Premium Large District 20001-40000 1.00% Custom Google Amplified Support Essential 0-1000 1.00% Custom Google Amplified Support Essential 1001-2000 1.00% Custom Google Amplified Support Essential 2001-3000 1.00% Custom Google Amplified Support Essential 3001-4000 1.00% Custom Google Amplified Support Essential4001-5000 1.00% Custom Google Amplified Support Essential 5001-6000 1.00% Custom Google Amplified Support Essential 6001-7000 1.00% Custom Google Amplified Support Essential 7001-8000 1.00% Custom Google Amplified Support Essential 8001-9000 1.00% Custom Google Ampllified Support Essential 9001-10000 1.00% Custom Google Ampllified Support Essential 10001-15000 1.00% Custom Google Ampllified Support Essential 15001-20000 1.00% Custom Google Ampllified Support Essential 20001-25000 1.00% Custom Google Amplified Support Hours 1-9 hr 1.00% Custom Google Amplified Support Hours 10-19 hr 1.00% Custom Google Amplified Support Hours 20-39 hr 1.00% Custom Google Amplified Support Hours 40+ hr 1.00% Custom .. I. Turnkey solutions packages to be configure based on customers requirements and it will include but not limited to (Hardware, Software and Overall cost of Package Configuration Services as listed above) EXHIBIT D 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. J Name of vendorwho has a business relationship with local governmental entitv. J ❑ check this box It you are tiling an update to a previously tiled questionnaire. (I he law requires that you the 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 CIQ 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 a 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? aYes a 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 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code & 176.001(1-al: 'Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code & 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code & 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021