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HomeMy WebLinkAboutContract 61984CSC No. 61984 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Carahsoft Technology Corporation ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A — Texas Department of Information Resources DIR-TSO-4288 Pricing Index and Vendor Quote; 3. Exhibit B — DIR-TSO-4288 Cooperative Agreement; and 4. Exhibit C — Conflict of Interest Questionnaire. Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the pricing index in Exhibit A and the provisions of this Agreement. Total payment made annually under this Agreement by City shall not exceed One Hundred Thousand and 00/100 dollars ($100,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by Exhibit A and this Agreement unless City requests and approves in writing the additional costs for such items, services, and/or expenses. 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 Deputy City Manager below ("Effective Date") and ending on February 21, 2025 to coincide with the 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. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) OFFICIAL RECORD Cooperative Purchase CITY SECRETARY Page 1 of 7 FT. WORTH, TX received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Carahsoft Technology Corporation Attn: Mark McDaniel, Deputy City Manager ATTN: Legal Department 200 Texas Street 11493 Sunset Hills Rd., Suite 100 Fort Worth, TX 76102-6314 Facsimile: N/A Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address IP Indemnification. Vendor agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with the Agreement, it being understood that the agreement to indemnify, defend, settle or pay shall not apply if City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and expense of payment for claims or actions against the City pursuant to this section, 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 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 Cooperative Purchase Page 2 of 7 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 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. No Bovcott 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. Prohibition on BovcottinL, EnerLv 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 Cooperative Purchase Page 3 of 7 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. Prohibition on Discrimination Against 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 sig-nature 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. Cooperative Purchase Page 4 of 7 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: Name: Mark McDaniel Title: Deputy City Manager Date: 09/13/2024 APPROVAL RECOMMENDED: By: S.Trotter (for K.Gunn) (Sep 13, 2024 10:43 CDTif Name: Kevin Gunn Title: IT Solutions Director 0 oun, MTTE T: �FORCaa°aod0=o ddQ� nEX654o By: Name: Jannette Goodall Title: City Secretary VENDOR: 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. P By: Name: Jeff Park Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: �5� By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Vendor By: Name: Natalie LeMay �J Title:State and Local Contracts Manager Date: 09/13/2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cooperative Purchase Page 5 of 7 Exhibit A Cooperative Agreement Pricing Index httvs://txdir.widen.net/view/vdf/zo2vnznwar/DIR-TSO-4288-Appendix-C-Pricing-Index-per- Amendment-10.pdrt.download=true&u=tmwu10 Cooperative Purchase Page 6 of 7 Appendix C Pricing Index (per Amendment 10) Carahsoft Technology Corporation 01 R-TSO-4288 4iq 2.00% Abnormal Security Corporation 3.00% Accela 2.00% Accelion 3.00% AccessData Group, LLC (now Exterro) 2.50% Acquia 5.00% Adaptus 2.00% ADF 1.00% AdvoLogix 1.00% Akamai 26.00% Alteryx 2.00% Amazon Web Services 2.00% Anaplan 1.00% Application Perfect 3.00% Appsian 2.00% Aqua Security Software Ltd 2.27% Armis 4.00% Asana 2.00% ASG 5.00% Assured Data 2.00% Atlassian 0.25% Authentic8 3.00% Avatier 2.00% AvePoint 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% Bamgar 5.25% Bamgar Appliances I 5.25% Bamgar Licenses 9.50% Box, Inc. 18.39% Bracket Labs 2.00% Bravium 2.00% BroadCom 2.00% Buurst 2.00% Carta SaaS 5.00% Carta Tier 1 &2 10.00% Carta Tier 3 15.00% CA Technologies - On Demand or SaaS delivery 0.00% CA Technologies - Perpetual License 20.00% 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% Cloudbyz 2.00% cloudera 4.95% Cofense 2.00% CollabNet 2.97% ComplianceSeal 2.00% Confluent 1.00% Conga (Apttus Corporation) 4.00% Copado 2.00% Cribl 2.00% Critical Start 5.00% Cutting Edge 2.00% Cyber-Ark 12.50% CybeReady 30.00% DarkOwl, LLC 2.62% DataDog 2.00% Decision Lens 5.00% Delphix 9.72% Digital Guardian 10.00% Diona 2.00% Discover Technologies 2.00% DocuSign 4.00% DOMA 2.00% Dronedeploy I 2.00% Druva 1.00% eCivis Other Offerings 3.00% eCivis Software 15.00% eCivis Training 3.00% Elasticsearch 1.50% Entco DBA Micro Focus 7.00% Entco DBA Micro Focus SaaS 7.00% Entco DBA Micro Focus Software 20.00% Eq u ifax 15.00% Experian 15.00% Fidelis 2.00% FireEye Software/Hardware bundled, as part of a Software 5.00% complete solution system FireEye Management Software 35.00% FireEye Software 3.00% Five9 1.33% Flashpoint 2.00% Flexera 3.00% Flosum 2.00% Forerunner 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% G it Lab 1.49% Granicus 4.25% Groundwork 2.00% GTY 1.00% Hashicorp 1.00% Haystax 2.00% H ive MQ 2.00% Hootsuite Media Inc. 1.27% HyTrust 6.00% iboss 26.00% ID.me 1.33% imprivata 3.12% Incode 2.00% Indigos 15.00% Infocyte Security Software 10.00% Infocyte Volume Node Discount 20.00% Informatica 15.00% I nteros 2.00% IronNEt 2.00% Ivanti, Inc. 3.50% Jama - Tier one 10.00% Jama - Tier Three 20.00% Jama - Tier two 15.00% Kapalya 2.00% KnowWho 3.00% Kofax 10.00% Leaptree 2.00% Liferay 3.00% Linkedln Corporation 1.00% Liquidware Labs 6.00% Lookout Inc. 2.27% MarketResearch. com, Inc 1.26% MarkLogic 10.40% M B&A 2.00% M cAfee 5.00% Microsoft Azure 2.50% 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% NowSecure 2.00% Ntrepid 10.67% Nuance 3.00% Nutanix 8.75% Nuvolo 5.00% Okta, Inc. 1.50% OpenCounter 5.00% OutSystems 2.00% OwnBackup, Inc 2.50% Paxera Health 10.00% PagerDuty 1.00% PlatCore 1.00% Polimorphic 10.00% Pondera 2.00% Procore 1.00% Puppet 6.00% Qualtrics 1.74% Questica 5.00% RangeForce 0.50% Rapid7 3.00% ReadSpeaker 5.00% Recorded Future 1.00% Red Hat Ansible 1.00% Red Hat CEPH Storage 16.00% Red Hat Cloud Solutions 16.00% Red Hat Enterprise Linux Middleware 20.48% Red Hat Enterprise Linux Platform 20.48% Red Hat Enterprise Virtualization 20.48% Red Hat Gluster Storage 16.00% Red Hat Mobile Application Platform 1.00% Red Hat Network Satellite and Related Network 20.48% Red Hat Technical Account Managers 1.00% REI Systems 2.00% Remediant 15.00% ReSTNSX 2.00% Revenue Grid 2.00% ReversingLabs 1.26% RSA 10.00% Sailpoint 2.00% Salesforce.com 5.30% SAP 10.68% Saviynt 1.19% Sayari 10.00% SDL Government 7.51 % Secureworks, Inc. 1.39% SentinelOne 2.00% 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% Socure 2.00% SoftwareAG 15.00% Solarwinds 10.00% Splunk 1.50% StaveApps 1.00% Stealthbits 6.00% Sumo Logic 5.00% 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% Thentia 2.00% Thoughtspot 2.00% TimeLinePl 2.00% TimeTrade 2.00% TransUnion 15.00% Trend Micro 5.00% Trifacta 1.00% Trimble 10.00% Trustwave 10.08% Tufin 3.00% UiPath 2.00% Unifi 2.00% Unqork 5.00% Userl st 3.00% VALIMAIL 2.00% VERITAS 15.64% Veritone 2.00% Vlocity 3.00% VMware Academic Solutions 43.50% VMware Government Solutions 3.50% VMware Velocloud 3.50% Voyager Analytics Inc 1.00% Wasabi 1.00% Wickr 1.26% Wiz 2.00% Wolters Kluwer Financial Services 10.00% Xcential 2.00% Yubico 10.00% Zoom 2.00% 4iq 2.00% Accela 4.25% Accelion 2.00% Access Data Group, LLC (now Access Data -Exterro) 2.50% Acquia 4.24% Adaptus 2.00% ADF 1.00% Advol-ogix 1.00% Akamai 5.00% Alteryx 2.00% Amazon Web Services 1.00% Anaplan 1.00% Application Perfect 3.00% Aqua Security Software Ltd 2.27% Armis 3.00% ASG 5.00% Assured Data 2.00% Atlassian 0.25% Authentic8 3.00% Avatier 2.00% AvePoint 2.50% Binti 2.00% Blackberry 4.00% Blancco 2.00% Bomgar 5.25% Bomgar Appliances 5.25% Bomgar Licenses 9.50% Box, Inc. 5.00% Bracket Labs 2.00% Bravium 2.00% BroadCom 1.00% B u u rst 2.00% Carta 10.00% CA Technologies 3.00% Carahsoft 1.00% Cellebrite 0.00% Centrify Corporation 2.00% Chainalysis 9.09% CityBase 2.00% Citylnnovate 1.00% Clariti (formerly BasicGov) 3.53% Cloudbyz 2.00% cloudera 4.95% Cofense 2.00% CollabNet 2.97% ComplianceSeal 2.00% Confluent 1.00% Copado 2.00% Cribl 2.00% Critical Start 5.00% Cutting Edge 2.00% Cyber-Ark 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% Diona 2.00% 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% Entca DBA Micro Focus 5.00% Experian 15.00% Fidelis 2.00% FireEye 2.00% Five9 1.33% Flashpoint 2.00% Flexera 1.00% Flosum 2.00% ForeScout Technologies 2.00% ForgeRock 5.75% Formstack 2.62% Fortinet 2.00% F-Secure 3.00% Genesys 5.00% Gimmal 0.75% GitLab 1.49% Granicus 4.25% Groundwork 2.00% GTY 1.00% Hashicorp 1.00% H aystax 2.00% HiveMQ 2.00% Hootsuite Media Inc. 1.27% HyTrust 5.65% iboss 10.00% ID.me 1.33% imprivata 3.12% Incode 2.00% Indigov 15.00% Infoblox 3.00% Infocyte 10.00% Informatica 15.00% I nteros 2.00% 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 Corporation 2.00% Liquidware Labs 6.00% Lookout Inc. 2.27% MarketResearch. com, Inc 1.26% MarkLogic 10.45% M B&A 2.00% M cAfee 5.00% Microsoft Azure 2.50% MongDB 5.00% MuleSoft 0.50% NetAbstraction 1.00% NetFoundry 10.00% Netskope 5.00% New Relic, Inc. 3.00% Nintex Drawloop 4.28% NowSecure 2.00% Ntrepid 10.67% Nuance 1.00% Nutanix 5.00% Nuvolo 5.00% Okta, Inc. 1.50% OpenCounter 5.00% OutSystems 2.00% Paxera Health 10.00% PagerDuty 1.00% Palo Alta Networks 5.00% PlatCore 1.00% Polimorphic Implementation 25.00% Polimorphic Training 10.00% Pondera 2.00% Procore 1.00% Puppet 6.00% Qualtrics 1.00% Questica 5.00% RangeForce 0.50% Rapid7 2.00% ReadSpeaker 4.90% Recorded Future 1.00% Red Hat Ansible Software 1.00% Red Hat CEPH 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 Mobile Application Platform 1.00% Red Hat Network Satellite and Related Network 1.00% Red Hat Technical Account Managers 1.00% REI Systems 2.00% Remediant 15.00% ReSTNSX 2.00% Revenue Grid 2.00% ReversingLabs 1.26% RSA 10.00% Sailpoint 2.00% Salesforce.com 5.30% SAP 10.68% Saviynt 1.19% Sayari 10.00% SDL Government 0.00% Secureworks, Inc. 1.39% SentinelOne 2.00% SerentityEHS 10.00% ServiceNow 1.50% Siren.io 0.50% Skuid 2.00% Slack 1.00% Smartsheet 2.00% SnowFlake 1.00% Socrata, Inc. 1.00% Socure 2.00% SoftwareAG 15.00% Solarwinds 1.39% Splunk 1.50% StaveApps 1.00% Stealthbits 5.00% Sumo Logic Support 3.00% Sumo Logic 10.00% Symantec 9.50% Syncscort 3.00% Tableau 0.75% Team Northwoods 2.00% Tech Soft 3D, Inc. Telemessage Tenable Teradici Thentia Thoughtspot TimeLinePI TimeTrade TransUnion Trend Micro Trifacta Trimble Trustwave Tufin UiPath Unifi Unqork Userl st VALIMAIL VERITAS Veritone Vloclty VMware Academic VMware Government Voyager Analytics Inc Wasabi Wickr Wiz Xcential Yubico Zoom jZscaler, Inc. 4.28% 6.00% 4.00% 5.75% 2.00% 2.00% 2.00% 2.00% 15.00% 5.00% 1.00% 8.00% 16.08% 1.00% 2.00% 2.00% 5.00% 3.00% 2.00% 4.50% 2.00% 3.00% 3.50% 3.50% 1.00% 1.00% 1.26% 2.00% 2.00% 5.00% 2.00% 6vie' . BlackBerry Enterprise Mobility Suite -Collaboration Edition 12.00% Subscription User- Premium Support BlackBerry Enterprise Mobility Suite - Content Edition 12.00% Subscription User - Advantage Support BlackBerry Enterprise Mobility Suite - Content Edition 12.00% Subscription User - Premium Support BlackBerry Enterprise Mobility Suite - Enterprise Edition 12.00% Subscription User - Advantage Support BlackBerry Enterprise Mobility Suite - Enterprise Edition 12.00% Subscription User - Premium Support BlackBerry Enterprise Mobility Suite - Management Edition 12.00% Subscription User -Advantage Support BlackBerry Enterprise Mobility Suite - Management Edition 12.00% Subscription User - Premium Support GOVERNMENT- PRICE QUOTATION 11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON, VIRGINIA 20190 PHONE (703) 871-8500 1 FAX (703) 871-8505 1 TOLL FREE (888) 66CARAH v/smartsheet WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM Elsa Ramirez Business Planner II City of Fort Worth 200 Texas St Fort Worth, TX 76102 USA EMAIL: Elsa.Ramirez@fortworthtexas.gov PHONE: (817) 392-8952 TERMS: DIR Contract No. DIR-TSO-4288 Expiration Date: February 21, 2025 FTIN: 52-2189693 Shipping Point: FOB Destination Credit Cards: VISA/MasterCard/AMEX Remit To: Same as Above Payment Terms: Net 30 (On Approved Credit) Texas VID#:1522189693700 Sales Tax May Apply FROM: Dalton Smith Carahsoft Technology Corp. 11493 Sunset Hills Road Suite 100 Reston, Virginia 20190 EMAIL: Dalton.Smith@carahsoft.com PHONE: (571) 590-7123 QUOTE NO: QUOTE DATE: QUOTE EXPIRES: RFQ NO: SHIPPING: TOTAL PRICE: TOTAL QUOTE: LINE NO. PART NO. DESCRIPTION - 1 Smartsheet Enterprise Plan plus Premium Support Package - Licensed Users Smartsheet - SMAR-007 Start Date: 09/30/2024 End Date: 09/29/2025 SUBTOTAL: TOTAL PRICE: TOTAL QUOTE: QUOTE PRICE $640.91 TX DIR carahsoft 49566697 08/22/2024 09/30/2024 GROUND $65,372.82 $65,372.82 QTY EXTENDED PRICE 102 $65,372.82 $65,372.82 $65,372.82 $65,372.82 CONFIDENTIAL PAGE 1 of 1 QUOTE DATE: 08/22/2024 QUOTE NO: 49566697 Exhibit B Cooperative agreement Cooperative agreement URL httvs://dir.texas.izov/contracts/dir-tso-4288 Contact Number Contract Start Date DIR-TS o - 4 2 88 Contract Term Date Vendor Information Carahsoft Technology Corporation Vendor ID: 1522189693700 HUB Type: Non HUB ?Q RFO: DIR-TSO-TMP-416 Contract Status: Active Contract Overview VENDOR CONTACT: MikaeLa Lammers & Phone: (571) 662-4510 Vendor Website Cr Contract Expiration Date DIR CONTACT; Lesli Gonzalez -Parker Cr Phone:512-475-4903 02f2V19 ?) 02/21125 z0 0212JJ25 z0 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 contractthrough 2/21/2025. Cooperative Purchase Page 7 of 7 DIR Contract No. DIR-TSO-4288 Vendor Contract No. STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES Carahsoft Technology Corporation 1. Introduction A. Parties This Contract for products and related services is entered into between the State of Texas, acting by and through the Department of Information Resources (hereinafter "DIR") with its principal place of business at 300 West 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 Products,Software as a Service, and Enterprise Resource Planning Software Modules Products and Services. Upon execution of this Contract, a notice of award for RFO DIR-TSO-TMP-416 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence For purchase transactions under this Contract, the order of precedence shall be as follows: this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1, Vendor's Response to RFO DIR-TSO-TMP-416, including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-416, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions. In the event of a conflict between the documents listed in this paragraph related to purchases, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The initial term of this Contract shall be two (2) years commencing on the last date of approval by DIR and Vendor, with two (2) optional two-year renewals. Prior to expiration of each term, the contract will renew automatically under the same terms and conditions unless either party provides notice to the other party 60 days in advance of the renewal date stating that the party wishes to discuss modification of terms or not renew. Additionally, the parties by mutual agreement may extend the term for up to ninety (90) additional calendar days. Department of Information Resources Page 1 of 5 (DI R rev 03/2018) DIR Contract No. DIR-TSO-4288 Vendor Contract No. Product and Service Offerings A. Products Products available under this Contract are limited to Software Products, Software as a Service, and Enterprise Resources Planning Software Modules Products and Related Service as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.13 above. Vendor may not add a manufacturer's product line which was not included in the Vendor's response to the solicitation described in Section 1.13 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 the scope of services awarded based on the posting described in Section 1.B above. C. Emerging Technologies and Future Acquisitions DIR recognizes that technology is ever -evolving and advancing. DIR reserves the right to consider the addition of emerging technology such as next generation, enhancements and upgrades for products and services that are within the scope the solicitation described in Section 1.13 above. Vendor may propose such products and services throughout the term of the contract. Pricing and terms will be negotiated upon DIR acceptance. Any determination will be at DIR's sole discretion and any decision will be final. In addition, Texas DIR and Vendor may mutually agree to add future acquisitions of Vendor to the contract. Subsequent terms of the acquisition(s) and pricing will be mutually agreed upon in writing and amended under the contract. 4. Pricing Pricing to the DIR Customer shall be asset forth in Appendix A, Section 8, Pricing, Purchase Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index, and shall include the DIR Administrative Fee. 5. DIR Administrative Fee Aj The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract three quarters percent (.75%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling $100,000 shall be $750.00. 6) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon written notice to Vendor without further requirement for a formal contract amendment. Any change in the administrative fee shall be incorporated in the price to the Customer. G. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. Department of Information Resources Page 2 of 5 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4288 Vendor Contract No. If sent to the State: Kelly A Parker, CTPM, CTCM Director, Cooperative Contracts Department of Information Resources 300 W. 15th St., Suite 1300 Austin, Texas 78701 Phone: (512) 475-1647 Facsimile: (512) 475-4759 Email: kellv.parkerL@dir.texas.gov If sent to the Vendor: Kai Hollenhorst Carahsoft Technology Corporation 1860 Michael Faraday drive, Suite 100 Reston, VA 20190 Phone: (703) 230-7536 Facsimile: (703) 871-8505 Email: kai.hollenhorst(@carahsoft.com 7. Software License agreements A. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. It is the Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. B. Conflicting or Additional Terms In the event that conflicting or additional terms in Vendor Software License Agreements, Shrink/Click Wrap License Agreements, Service Agreements or linked or supplemental documents amend or diminish the rights of DIR Customers or the State, such conflicting or additional terms shall not take precedence over the terms of this Contract. In the event of a conflict, any linked documents may not take precedence over the printed or referenced documents comprising this contract; provided further that any update to such linked documents shall only applyto purchases or leases of the associated Vendor product or service offering after the effective date of the update; and, provided further, that, if Vendor has responded to a solicitation or request for pricing, no update of such linked documents on Department of Information Resources Page 3 of 5 (DIR rev 03/2018) QIR Contract No. ❑IR-TSO-4288 Vendor Contract No. or after the initial date of Vendor's initial response shall apply to that purchase unless Vendor directly informs Customer of the update before the purchase is consummated. In the event that different or additional terms or conditions would otherwise result from accessing a linked document, agreement to said linked document shall not be effective until reviewed and approved in writing by Customer's authorized signatory. Vendor shall not [without prior written agreement from Customer's authorized signatory,] require any document that: 1) diminishes the rights, benefits, or protections of the Customer, or that alters the definitions, measurements, or method for determining any authorized rights, benefits, or protections of the Customer; or 2) imposes additional costs, burdens, or obligations upon Customer, or that alters the definitions, measurements, or method for determining any authorized costs, burdens, or obligations upon Customer. If Vendor attempts to do any of the foregoing, the prohibited documents will be void and inapplicable to the contract between dIR and Vendor or Vendor and Customer, and Vendor will nonetheless be obligated to perform the contract without regard to the prohibited documents, unless Customer elects instead to terminate the contract, which in such case may be identified as a termination for cause against Vendor. The foregoing requirements apply to all contracts, including, but not limited to, contracts between Customer and a reseller who attempts to pass through documents and obligations from its Manufacturer of Publisher. 8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and Related Services Contracts. No exceptions have been agreed to by dIR and Vendor. Department of Information Resources Page 4 of 5 (DI R rev 03/2018) DIR Contract No. ❑IR-TSO-4288 Vendor Contract No. This Contract is executed to be effective as of the date of last signature. Carahsoft Technology Corporation Authorized By: Sienature on File Name: Kai Hollenhorst Title: Contract Specialist Date: 2/12/19 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Hershel Becker Title: Chief Procurement Officer Date: 2/21/19 Office of General Counsel: mh 2/21/19 Department of Information Resources Page 5 of 5 (DI R rev 03/2018) 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. Carahsoft Technology Corp. 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. N/A 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. N/A 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-1 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 F1 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. N/A 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 Qe;�� 1�7) ae�&e 9/6/2024 Signature of&Endor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021