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HomeMy WebLinkAboutContract 58190-A1R2CSC No. 58190-A1R2 FIRST AMENDMENT AND SECOND RENEWAL CITY OF FORT WORTH CONTRACT NO. 58190 This FIRST AMENDMENT ("First Amendment") and SECOND RENEWAL ("Second Renewal") is made and entered into by and between the CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized representative ("City"), and CARAHSOFT TECHNOLOGY CORPORATION ("Vendor"). City and Vendor are each individually referred to herein as a "Party" and collectively as "Parties." WHEREAS, City and Vendor entered into a cooperative purchasing agreement to provide professional services to configure the Accela environment using E-Tech Consulting, LLC ("Provider"), an authorized system integrator for Accela, the same being City Secretary Contract Number 58190 ("Agreement"); WHEREAS, the Agreement began on September 16, 2022 ("Effective Date") for a one- year term ("Initial Term") and was renewed for a one-year term beginning on September 16, 2023 and expiring on September 15, 2024 ("Renewal Term"); WHEREAS, the Parties desire to renew the Agreement for an additional term that aligns the expiration date of the Renewal Term with Texas Department of Information Resources Contract Number DIR-TSO-4288; and WHEREAS, the Parties now wish to amend the Agreement to provide for additional professional services to configure the Accela environment using E-Tech, an authorized system integrator for Accela; NOW, THEREFORE, City and Instructor agree to amend and extend the Agreement as follows: I. AMENDMENT (1) City and Vendor hereby agree to amend the Agreement as follows: (2) The Vendor quote for professional services during the Renewal Term is hereby attached and incorporated for all purposes as Exhibit E. In the event of any conflict between the Agreement or this Amendment and Exhibit E, the Agreement and this Amendment shall control over Exhibit E. (3) City shall pay Vendor in accordance with the fee schedule in Exhibit E for the Renewal Term and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the Renewal Term by City shall be in the amount of Nineteen Thousand First Amendment and Second Renewal to CSC No. 58190 Page 1 of 5 Two Hundred Twelve Dollars and Twenty -Two Cents ($19,212.22). 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. II. RENEWAL The Parties further agree to renew and extend the Agreement for an additional renewal term, effective beginning on September 16, 2024 and ending on February 21, 2025 that aligns with the expiration of Texas Department of Information Resources Contract Number DIR-TSO-4288. III. ALL OTHER TERMS SHALL REMAIN THE SAME (1) All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. (2) All terms in this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IV. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. [Signature Page Follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment and Second Renewal to CSC No. 58190 Page 2 of 5 ACCEPTED AND AGREED: City: By: William Johnson (Olt 16, 202416:31 CDT) Name: William Johnson Title: Assistant City Manager Date: 10/16/2024 Vendor: Name: Casey stede Title: Team Lead Date: 10/7/24 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: C&`� t��7er By: Christopher Har er (Oct 15, 202417:15 CDT) Name: Christopher Harder Title: Water Director Approved as to Form and Legality: By: Name: Taylor Paris Title: Assistant City Attorney 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. M'P% ' By: Homero Garza (Oct 7, 202414:04 CDT) Name: Homer Garza Title: IT Solutions Manager, Water Department City Secretary: By: Name: Jannette Goodall Title: City Secretary 4�4-W bpF FORT as ° Pv0 g=o dQ b ai nEXA?o�p OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment and Second Renewal to CSC No. 58190 Page 3 of 5 EXHIBIT E PRICE QUOTATION CARAHSOFT TECHNOLOGY CORPORATION Page 4 of 5 PRICE QUOTATION CARAHSOFT TECHNOLOGY CORP 11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON, VIRGINIA 20190 PHONE (703) 871-8585 1 FAX (703) 871-8505 WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM TO: Homer Garza Water IT Data Systems Manager City of Fort Worth - Water Department IT 900 Monroe St. Ste 230 Fort Worth, TX 76102 USA EMAIL: Homero.Garza@fortworthtexas.gov PHONE: (817) 392-8633 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 LINE NO. PART NO. DESCRIPTION 2 PS -SE Professional Services - Software Engineer - Per Hour ETech Consulting Support Services (add to existing contract) - Data Conversion (20-40 hours) - Deployment (20-40 hours) - Testing (21 hours) Carahsoft Technology Corporation - PS -SE SUBTOTAL: *Services to be provided by ETech Consulting, LLC. FROM: Jazmine Fitts Carahsoft Technology Corp. 11493 Sunset Hills Road Suite 100 Reston, Virginia 20190 EXHIBIT E EMAIL: Jazmine.Fitts@carahsoft.com PHONE: (571) 662-3147 carahsoft, QUOTE NO: 50007403 QUOTE DATE: 09/12/2024 QUOTE EXPIRES: 10/12/2024 RFQ NO: SHIPPING: ESD TOTAL PRICE: $19,212.22 TOTAL QUOTE: $19,212.22 PRICING QUOTE PRICE QTY EXTENDED PRICE LIST: $250.00 $190.22 TX 101 $19,212.22 CONTR: $250.00 DIR TOTAL PRICE: TOTAL QUOTE: $19,212.22 $19,212.22 $19,212.22 Page 5 of 5 CONFIDENTIAL QUOTE DATE: 09/12/2024 nn�r „s OUOTE NO: 50007403 ec h ETech Consulting, LLC 160 Liberty Street NE, Suite 111 CONSULTING, LLC Salem, Oregon 97301 SCOPE FOR ADDITIONAL SERVICES City of Fort Worth, TX DATE ISSUED: 8/15/2024 900 Monroe St. Fort Worth, TX 76102 SERVICE DESCRIPTION This is a quote for the additional hours needed to be added to the existing contract between Fort Worth Water and ETech. These hours are needed to complete the in -progress project tracked in ARA. An outline of the work can be found on page 2. ESTIMATED PROJECT TERM September 16, 2024— February 21', 2025 141���Z�������,�,���� • Nan Manning • Ryan Littlefield • Jen Schillo • Erich von Trapp EXPLANATION OF HOURS Data Conversion - 20-40 hours • Data conversion for the new workflow (20-40 hours depending on staff participation) o Much of the work effort for this contract has focused on attempting to correct process lapses, ineffective handoffs, poor communications with customers and dead ends for the Miscellaneous Water Projects. Staff worked with us to help identify concerns surrounding those topics and as a result, a new workflow process was deemed necessary. This new workflow is centric to most of the process fixes that have been developed and configured under this contract. This means that if the new version of the workflow is not deployed for both new and existing Miscellaneous Water Project records, these critical process solutions will not work for existing records. o A clean up for the existing Miscellaneous Water Project records is crucial for a successful `conversion' from old workflow process to new workflow process. The clean up effort will involve closing records that are no longer active (so that only real and active projects are converted), and then mapping statuses from the old process to the new process. ■ Stats for existing Miscellaneous Water Projects in Production environment • Approximately 1270 records in Production • Approx. 130 are TMP records Page 1 of 2 • Approx. 585 have been expired, closed, withdrawn or voided • This leaves approximately 555 records to scrub for possible closure and determine status mapping. • Of these 555 potentially viable records, the majority are in either status `Pending Design' (approx.120 records) or `Pending Construction' (approx. 355 records). Many of these records were last updated prior to 2024. o Potential ETech help in data scrub and mapping recommendations: o If Fort Worth can identify a date range that can be systematically closed (i.e. if a record has had no activity for 365 days, set status to closed) o Assist in mapping recommendations that will need to be confirmed by FWW staff ■ Recommend if existing record is in `Pending Construction' status, then activate the `Construction and Inspection' task and set record status to `In Construction'. ■ Recommend converting existing `Pending Review' records by Activating Design and Construction Cost task and setting/leaving the record status as `Pending Review' ■ If a full clean-up effort is not possible or completed, I recommend mapping old records that need to be reviewed for closure to activate the `Reconciliation and Closure' task. This would give staff the ability to isolate those older records in a filter for cleanup activity as time allows. Deployment - 20-40 hours • Dealoyments (Est. 20-40 hours) o To properly deploy the configuration for the process improvements, it will be necessary to follow an established protocol of pushing changes first to the `Test' environment (nonprod2) prior to updating the production environment. o Because we will need to first run the workflow data conversion test program against real world data, we will request a copy down from Production to NonProd2. o Once the copy down is successful, we will run the conversion program in NonProd2, smoke test the results and make any modifications necessary. This cycle can happen more than once to ensure smooth Production run. o Once the conversion run is successful, all other configuration and script elements from work done under the current Sprint (contract) will also be promoted into NonProd2 and smoke tested. o When all elements have been confirmed in NonProd2, we will run the workflow conversion and deploy all changes to Production. Testing - 21 hours • Testing new configuration and processes (Est. 21 hours based on 21 stories at 1 hour each) Page 2 of 2 CSC No. 58190-R1 CITY OF FORT WORTH CONTRACT RENEWAL NOTICE September 15, 2023 Casey Oesterle Carahsoft Technology Corp. 11493 Sunset Hills Road Suite 100 Reston, Virginia 20190 Re: Contract Renewal Notice Contract No. CSC No. 58190 (the "Contract") Renewal Term No. 1: September 16, 2023 to September 15, 2024 The above referenced Contract with the City of Fort Worth expires on September 15, 2023 (the "Expiration Date"). Pursuant to the Contract, contract renewals are at the sole option of the City. This letter is to inform you that the City is exercising its right to renew the Contract for an additional one (1) year period, which will begin immediately after the Expiration Date. All other terms and conditions of the Contract remain unchanged. Please return this signed acknowledgement letter, along with a copy of your current insurance certificate, to the address set forth below, acknowledging receipt of the Contract Renewal Notice. Failure to provide a signed acknowledgment does not affect the renewal. Please log onto PeopleSoft Purchasing at http://fortworthtexas.2ov/purchasin2 to insure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Rick Lisenbee Sr. Water IT Manager, Water Department (817) 392-2515 Contract Renewal Page 1 of 2 CSC No. ACCEPTED AND AGREED: FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the Dana EGtYgh6i(O person responsible for the monitoring and By: Dana Burghdoff (Sept$, 202321:10 CDT) administration of this contract, including Name: Dana Burghdoff ensuring all performance and reporting Title: Assistant City Manager requirements. Date: WI-V By: Homer Garza (Sep 15, 2023 08:32 CDT) Approval Recommended: Name: Homero Garza Title: IT Manager, Water Department wa2e?�l Approved as to Form and Legality: By: Christopher H rder (Sep 28, 202316:06 CDT) Name: Chris Harder Title: Director, Water Department By: � Attest: Name: Taylor Paris By: A fix,, Title: Assistant City Attorney Name: Jannette Goodall Title: City Secretary VENDOR: Carahsoft Technology Corporation By: C47 O Name: Casey Oesterle Title: Team Lead Date: Contract Renewal Page 2 of 2 FORT WORTH CSC No. 58190 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 — Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B — Cooperative Agency Contract (e.g., NJPA, DIR, BuyBoard); and 4. Exhibit C — Conflict of Interest Questionnaire; 5. Exhibit D- Network Access Agreement 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. 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 be in the amount of Thirty-five thousand Dollars ($35,000.00). 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 for one year beginning on the date it is signed by the Assistant City Manager and ending on the date one year from the date the agreement is signed. City shall be able to renew this agreement for a single 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. 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 Carahsoft Technology Corporation Attn: Dana Burghdoff, Assistant City Manager Attn: Kristina Smith, Director of Contracts 200 Texas Street 11493 Sunset Hills Road, Suite 100 Fort Worth, TX 76102-6314 Reston, Virginia 20190 Facsimile: (817) 392-8654 Facsimile: n/a With copy to Fort Worth City Attorney's Office at same address 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: Dana Burghdoff (Sep 16, 20 10:09 CDTY Name: Dana Burghdoff Title: Assistant City Manager Date: Sep 16, 2022 APPROVAL RECOMMENDED: Christooher Ndrder By: Christopher Harder (Sep 15, 202217:30 CDT) Name: Christopher Harder Title: Director, Water Department ATTEST: 9aruce�S j!&&dA& By: Jannette S. Goodall (Sep 16, 202212:33 CDT) Name: Jannette Goodall Title: City Secretary VENDOR: Carahsoft Technology Corporation K� s By: Name: Kristina Smith Title: Director of Contracts Date: 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. fL�vvice�rr 9. 10Avza" By: Homero J. Garza, Jr. (Aug 24, 2022 10:12 CDT) Name: Homero Garza Title: IT Manager, Water Department APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A PRICE QUOTATION CARAHSOFT TECHNOLOGY CORPORATION PRICE QUOTATION CARAHSOFT TECHNOLOGY CORP carahsoft, 11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON, VIRGINIA 20190 PHONE (703) 871-8S85 I FAX (703) 871-850S WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM TO: Homer Garza FROM: Casey Oesterle Water IT Data Systems Manager Carahsoft Technology Corp. City of Fort Worth 11493 Sunset Hills Road 200 Texas St. Suite 100 Fort Worth, TX 76102 USA Reston, Virginia 20190 EMAIL: Homero.Garza@fortworthtexas.gov EMAIL: Casey.Oestede@carahsoft.com PHONE: (817) 392-8633 PHONE: (571) 662-3010 FAX: (703) 871-8505 TERMS: DIR Contract No. DIR-TSO-4288 Expiration Date: February 21, 2025 FTI N: 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 LINE NO. PART NO. DESCRIPTION QUOTE NO: 33223758 QUOTE DATE: 07/26/2022 QUOTE EXPIRES: 08/25/2022 RFQ NO: SHIPPING: ESD TOTAL PRICE: $35,000.00 TOTAL QUOTE 2 CON-PRCN-679 Professional Services ETech Professional Services - Technical Management Carahsoft Technology Corporation - CON-PRCN SUBTOTAL: 'Services to be provided by ETech Consulting, LLC. $35,000.00 QUOTE PRICE QTY EXTENDED PRICE $175.00 TX DIR 200 $35,000.00 $35,000.00 TOTAL PRICE: $35,000.00 TOTAL QUOTE: $35,000.00 CONFIDENTIAL QUOTE DATE: 07/26/2022 PAGE 1 of 1 QUOTE NO: 33223758 Carahsoft. C I ech CONSULTING, LLC Quote for Services This document defines the scope of work to be provided to City of Fort Worth, TX. This document maybe refined, modified, cancelled, and/or terminated in whole or in part by mutual agreement. Description Cara hsoft Technology Corp and ETech Consulting will provide expertise, guidance, and support forth eAccela Civic Platform product(s), including third -party integrations where applicable. Specific tasks may include but are not limited to configuration, scripting, customization, report development, interface development, training, change/release management, and technical support of the Accela Civic Platform. Assigned Personnel • Emmett Wylam • Nan Manning • Blake Ashford Deliverable • Linda Charron • Jen Schillo • Georgiy Sichinava Project Schedule TBD Developing, implementing, configuring department reports using SSRS, creating, modifying scripting customization, expression and ASI configuration, API troubleshooting interfacing with the Accela Civic Platform. Payment Terms Invoicing shall be submitted on a monthly basis for the work performed based on the hours actually worked. Payment to Carahsoft Technology Corp. shall be mailed or made via ACH within thirty (30) days of receiving the invoice. If the thirty (30) day period falls on a weekend or holiday, payment shall be issued the following business day. Expenses Covered None Work Location Remote Page 1 of 2 tl ech CONSULTING, LLC Service Estimate ETech Consulting, LLC and Carahsoft Technology Corp. 160 Liberty Street NE Suite 111 Mezzanine Date: May 6, 2022 Salem, OR 97301 11493 Sunset Hills Rd Suite 100 Reston, VA 20190 To: Attn: Homer Garza Service Description ETech Consulting and Carahsoft Technology Corp. will provide consulting and implementation services related to but not limited to developing, implementing, configuring department reports using SSRS, creating, modifying scripting customization, expression and ASI configuration, API troubleshooting interfacing with the Accela Civic Platform to the city of Fort Worth, TX. Item Technical Management Qty Rate Amount 200 175 35,000 Total $35,000 Thank you for your business! Page 2 of 2 EXHIBIT B COOPERATIVE AGENCY CONTRACT LINKS CARAHSOFT TECHNOLOGY CORPORATION DIR-TSO-4288 CONTRACT OVERVIEW https://dir.texas.uov/contracts/dir-tso-4288 CONTRACT TERMS AND CONDITIONS https://dirl.sharepoint.com/sites/Contracts/Contracts/Forms/Group ed%20Contracts.aspx?id=%2Fsites%2FContracts%2FContracts% 2FDIR%2DTSO%2D4288%20ADpendix%20A%20Standard%20T erms%20and%20Conditions%20%28per%20Amendment%203%2 9%2EDdf&parent=%2Fsites%2FContracts%2FContracts&p=true &ua=1 EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity 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 vendor who has a business relationship with local governmental entity. Carahsoft Technology Corporation 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 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 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? Yes F-1 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 D� 8/17/22 Signature vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete 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 -a): "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 11/30/2015 EXHIBIT D NETWORK ACCESS AGREEMENT NETWORK ACCESS AGREEMENT This Network Access Agreement ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home rule municipal corporation with its principal location at 200 Texas Street, Fort Worth, Texas 76102, organized under the laws of the State of Texas and Carahsoft a Virginia corporation with its principal location at 11493 Sunset Hills Road, Suite 100, Reston, Virginia 20190 ("Vendor"). 1. The Network. The City owns and operates a computing environment and network (collectively the "Network"). Vendor wishes to access the City's network in order to provide consulting services. In order to provide the necessary support, Vendor needs access to the Water Department network. 2. Grant of Limited Access. Vendor is hereby granted a limited right of access to the City's Network for the sole purpose of providing consulting services. Such access is granted subject to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials. The City will provide Vendor with Network Credentials consisting of user IDs and passwords unique to each individual requiring Network access on behalf of the Vendor. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then, this Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. Otherwise, access rights will automatically expire one (1) year from the date of this Agreement ("Expiration Date"). ® Services are being provided in accordance with City Secretary Contract No. ("Contract") ❑ Services are being provided in accordance with City of Fort Worth PeopleSoft Contract No. . ("PSK #") ❑ Services are being provided in accordance with the Agreement to which this Access Agreement is attached. ("Contract") ❑ No services are being provided pursuant to this Agreement. 4. Renewal. This Agreement shall renew in accordance with the term of the Contract or PSK A. If there is no Contract or PSK #, this Agreement may be renewed annually by City, in its sole discretion, at the end of the Expiration Date and each renewal term thereafter. Notwithstanding the scheduled contract expiration or the status of completion of services, Vendor shall provide the City with a current list of officers, agents, servants, employees or representatives that require Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the Network and/or termination of this Agreement. 5. Network Restrictions. Vendor officers, agents, servants, employees or representatives may not share the City -assigned user IDs and passwords. Vendor acknowledges, agrees and hereby gives its authorization to the City to monitor Vendor's use of the City's Network in order to ensure Vendor's compliance with this Agreement. A breach by Vendor, its officers, agents, servants, employees or representatives, of this Agreement and any other written instructions or guidelines that the City provides to Vendor pursuant to this Agreement shall be grounds for the City immediately to deny Vendor access to the Network Access Agreement (Rev. 8/28/19) Page 1 of 4 Network and Vendor's Data, terminate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 6. Termination. In addition to the other rights of termination set forth herein, the City may terminate this Agreement at any time and for any reason with or without notice, and without penalty to the City. Upon termination of this Agreement, Vendor agrees to remove entirely any client or communications software provided by the City from all computing equipment used and owned by the Vendor, its officers, agents, servants, employees and/or representatives to access the City's Network. 7. Information Securitv. Vendor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use. Vendor agrees to notify the City immediately upon discovery of a breach or threat of breach which could compromise the integrity of the City's Network, including but not limited to, theft of Vendor -owned equipment that contains City -provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City -provided Network credentials, and unauthorized use or sharing of Network credentials. 8. LIABILITY AND INDEMNIFICATION. VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT VENDORMAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO VENDOR'S DATA ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, VENDORSHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. VENDOR, AT VENDOR'S OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. Confidential Information. Vendor, for itself and its officers, agents, employees, and representatives, agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Vendor further agrees that it shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 10. Right to Audit. Vendor agrees that the City shall, during the initial term, any renewal terms, and until the expiration of three (3) years after termination or expiration of this contract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of the Vendor involving transactions relating to this Agreement. Vendor agrees that the 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 Network Access Agreement (Rev. 8/28/19) Page 2 of 4 compliance with the provisions of this section. The City shall give Vendor reasonable advance notice of intended audits. Vendor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, during the initial term, any renewal terms, and until expiration of three (3) years after termination or expiration of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Vendor. This Agreement and any other documents incorporated herein by reference constitute the entire understanding and Agreement between the City and Vendor as to the matters contained herein regarding Vendor's access to and use of the City's Network. 12. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Vendor. 13. Assignment. Vendor may not assign or in any way transfer any of its interest in this Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and void. 14. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. Force Maieure. Each party shall exercise its best efforts to meet its respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 16. Governing Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. Signature Authoritv. By affixing a signature below, the person signing this Agreement hereby warrants that he/she has the legal authority to bind the respective parry to the terms and conditions in this agreement and to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [Signature Page Follows] Network Access Agreement (Rev. 8/28/19) Page 3 of 4 Executed effective as of the date signed by the Assistant City Manager below. CITY OF FORT WORTH By :Dana Burghdoff (Sep 16, 20 10:09 CDTY Name: Dana Burghdoff Title: Assistant City Manager Date: Sep 16, 2022 APPROVAL RECOMMENDED: chnstooher Ndrder Byehristopher Harder (Sep 15, 2022 17:30 CDT) Name: Christopher Harder Title: Director, Water Department ATTEST: Jar��ce-tte-s ��rx7�/,� ByJannette S. Goodall (Sep 16, 202212:33 CDT) Name: Jannette Goodall Title: City Secretary VENDOR: CARAHSOFT TECHNOLOGY CORP. Kew Sm'1 By: Name: Kristina Smith Title: Director of Contracts Date: Aug 24, 2022 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. f L�vvice�rr 9. 10A."za" By: Homero J. Garza, Jr. (Aug 24, 2022 10:12 CDT) Name: Homero Garza Title: IT Manager, Water Department APPROVED AS TO FORM AND LEGALITY: S�' - kv-- By: Name Title: Taylor Paris Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Network Access Agreement (Rev. 8/28/19) Page 4 of 4 DOCUMENT TITLE M&C: TO: Homer Garza Rick Lisenbee Casey Oesterle Shane Zondor Jan Hale Chris Harder Taylor Paris William Johnson Ron Gonzales Jannette Goodall Allison Tidwell Tim Shidal FoR,YWORTH. Routing and Transmittal Slip Water Department First Amendment and Second Renewal of CSCO 58190 with Carahsoft Technology Corp. for E-Tech Consulting professional services to configure Accela CPN: CSO: 58190-A1 R2 DOC #: Role Contract Compliance Manager Sr. IT Solutions Manager Vendor Water Assistant Director Water Deputy Director Water Director Assistant City Attorney Assistant City Manager City Secretary intake City Secretary City Secretary posting Accepter Needs to be notarized: ❑ YES x NO Action Required: ❑ As Requested ❑ For Your Information x Signature/Routing and/or Recording ❑ Comment ❑ File FOR CMO USE ONLY: Routing to CSO x YES ❑ NO Initials Casey.Oesterle@Carahsoft.com 04- EXPLANATION CSC 58190 with Carahsoft Technology Corporation provides professional services to configure the Accela environment using E-Tech Consulting, LLC., an authorized system integrator for Accela. The agreement was most recently renewed from September 16, 2023 to September 15, 2024. The dates of this renewal term, September 16, 2024 to February 21, 2025, are set to align with Texas Department of Information Resources Contract Number DIR-TSO-4288. This amendment also sets the spend authority of this renewal term to $19,212.22 for the additional professional services as outlined in Exhibit E. Please approve/sign the renewal letter via Adobe Sign. If you have any questions or concerns, please contact me or call Homer Garza at (817) 392-8633. 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