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HomeMy WebLinkAboutContract 63695CSC No. 63695 Foxe.._ CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between DLT Solutions, 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 — Cooperative Agency Contract DIR-CPO-5677 ("Cooperative Agreement"); 3. Exhibit B — DIR-CPO-5677 Appendix C Pricing Index; 4. Exhibit C — Budgetary Quote No.532841 and Budgetary Quote No. 5325595; and 5. Exhibit D — Conflict of Interest Questionnaire. The Exhibits referenced above, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provisions of the attached documents, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Agreement shall control. City shall pay Vendor in accordance with the 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 Assistant City Manager below ("Effective Date") and shall expire on January 28, 2027 ("Expiration Date"), in accordance with the Cooperative Agreement. The initial term of this Agreement shall be divided into annual segments, with the first segment beginning on the Effective Date and the second segment beginning January 29, 2026. City shall be able to renew this agreement for three (3) additional one-year renewal options by written agreement of the parties, provided that the Texas Department of Information Resources ("DIR") and Vendor renews the Cooperative Agreement according to its renewal terms. City's annual payment to Vendor for the initial term shall be according to these annual segments. City's annual payment to Vendor for the renewal terms shall be according to annual segments. If the underlying Cooperative Agreement is extended, the City may incorporate each extension as an additional renewal option. Each extension shall count towards the three available renewal options under this Agreement. If the underlying Cooperative OFFICIAL RECORD Cooperative Purchase CITY SECRETARY Page 1 of 9 FT. WORTH, TX Agreement is not renewed or extended by DIR, but DIR executes a new Cooperative Agreement with the vendor with substantially similar terms, the City may replace DIR-CPO-5677 with the new 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 workspace 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: To CITY: City of Fort Worth Attn: Dianna Giordano, Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: DLT Solutions, LLC ATTN: Legal Department 2411 Dulles Corner Park, Suite 800 Herndon, VA 20171 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 Cooperative Purchase Page 2 of 9 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 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 Cooperative Purchase Page 3 of 9 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 Agreement, 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 Bovcottina Enerev Companies. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 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 9 [Signature Page Follows] The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: 1-1 By: Diann no (Jut 22, 202512:28 CDT) Name: Dianna Giordano Title: Assistant City Manager Date: 07/22/2025 DLT Solutions, LLC By Jenne Name: Title: C e r Date: CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: Kevin Gunn Title: Director, IT Solutions Approved as to Form and Legality: M Kevin k4ar // By: M. Kevin Anders, 11(Jul 22,202509:56 CDT) Name: M. Kevin Anders, II Title: Assistant City Attorney Contract Authorization: M&C: N/A Approval Date: N/A Form 1295: N/A Digitally signed oy Jenny t,nen natP- 907s 071 s 14:24:10-04'00' Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Steven Vandever(Jul 02511:18 CDT) Name: Steven Vandever Title: Sr. IT Solutions Manager City Secretary: By: Name: Jannette S. Goodall Title: City Secretary gFOR>°pa e'j o p00 �O P �0 pPA $�# o aaantEz9g6a OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cooperative Purchase Page 5 of 9 EXHIBIT A Cooperative Agency Contract DIR-CPO-5677 (Attached) Cooperative Purchase Page 6 of 9 DIR Contract No. DIR-CPO-5677 DLT Solutions, LLC — 541599882 STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES DLT Solutions, 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 15t" Street, Suite 1300, Austin, Texas 78701, and DLT Solutions, LLC a Virginia Limited Liability Company (hereinafter "Successful Respondent"), with its principal place of business at 2411 Dulles Corner Park, Suite 800 Herndon, Virginia 20171. 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: 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-5677 DLT Solutions, LLC — 541599882 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 one (1) optional one-year renewal (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-5677 DLT Solutions, LLC — 541599882 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-5677 DLT Solutions, LLC — 541599882 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 Page 4 of 10 Version 1.0 Rev. 3/21 /23 DIR Contract No. DIR-CPO-5677 DLT Solutions, LLC — 541599882 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, fo r: i. 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-5677 DLT Solutions, LLC — 541599882 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-5677 DLT Solutions, LLC — 541599882 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. 15t" St., Suite 1300 Austin, Texas 78701 Phone: (512) 475-4700 Email: lisa.massockPdir.texas.aov If sent to Successful Respondent: Steve Wells Vice President, Program Management DLT Solutions, LLC 2411 Dulles Corner Park, Suite 800 Herndon, Virginia 20171 Phone: (703) 270-4379 Email: Steve.wells(Ddlt.com DIR-CPO-TMP-570 Page 7 of 10 Version 1.0 Rev. 3/21 /23 DIR Contract No. DIR-CPO-5677 DLT Solutions, LLC — 541599882 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-5677 DLT Solutions, LLC — 541599882 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-5677 DLT Solutions, LLC — 541599882 This Contract is executed to be effective as of the date of last signature. DLT Solutions, LLC Authorized By: Sianature on File Name: Steve Wells Title: Vice President, PMO & Operations Date: 1 /22/2025 1 AM CST The State of Texas, acting by and through the Department of Information Resources Authorized By: Sianature on File Name: Lisa Massock Title: Chief Procurement Officer Date: 1/28/2025 1 12:00 PM CST Office of General Counsel: W) Initials on File Date: 1 /28/2025 1 11:07 AM CST DIR-CPO-TMP-570 Page 10 of 10 Version 1.0 Rev. 3/21 /23 EXHIBIT B DIR-CPO-5677 Appendix C Pricing Index (Attached) Cooperative Purchase Page 7 of 9 SaaS / Training Administration and Readiness Anthology 2.73% Per User Solution Autodesk SaaS and Software Digital Design Solution 2.00% Annual Subscription Varies Depending on BitSight SaaS Subscription Cybersecurity Solution 2.00% Customer Requirements Blackboard Software /Learning Management System (LMS) 2.00% Per License Software Solution for Managing IT Operations, BMC including Service Management, Automation, 19.00% Per User Workflow orchestration and Monitoring. Varies Depending on Checkmarx Software / Security Testing Solution Application 8.00% Customer Requirements CrowdStrike Software License Cybersecurity Solution 2.73% Per License SaaS Archiveing and Software Only, Unlimited Varies Depending on Devo Storage, Encryption Included 840% Customer Requirements SaaS / A Comprehensive Workplace Management Eptura 5.00% Per User Solution (Assets, Space, Visitor Access, etc..) Varies Depending on Google Software licenses for Enterprise Applications 5.00% Customer Requirements Software / An Enterprise Resource Planning (ERP) Solutions that helps businesses manage day-o-day Varies Depending on Infor activities such as Procurement, Project Management, 8.00% Customer Requirements Business Operations, Financials and Sales, and Automating of Complex Process etc.. Subscription / Software Licenses to monior and Varies Depending on LogRhythm 2.00% respond to Cybersecurity Threats solutions Customer Requirements Software / Customer Experience Management Varies Depending on Medallia, Inc. 5.00% Solution Customer Requirements Varies Depending on MicroStrategy Software / Business Intelligence Solution 4.00% Customer Requirements Varies Depending on Nuix Software / Data Analytics Solution 6.13% Customer Requirements Varies Depending on One Identity Software / User Identitiy Management Solution 5.00% Customer Requirements OneStream SaaS / Financial Management Solution 2.00% Per User Varies Depending on Pluralsight Software / Information Technoly Training Solution 2.00% Customer Requirements Software / A Development, Deployment and Business Progress 2.00% Per Month or Per Year Applications Solution Software / Information Technoly Management, and Varies Depending on Quest Data Protection Solution 5.00% Customer Requirements K. Related Services A. IL Software Maintenance, Support and other Related Autodesk 2.00% Annually Services provided by manufacturer. Technical Support and other Related Services CheckMarx 8.00% Per User provided by manufacturer. Software Technical and Account Management, Varies depending on DEVO Implementation, Training and other Related Services 8.40% provided by manufacturer. Customer Requirements Technical Support and other Related Services Eptura provided by manufacturer. 5.00% Per User Technical Support and other Related Services Varies depending on LogRhythm provided by manufacturer. 12.00% Customer Requirements Technical Support, Training and other Related Services Varies depending on MicroStrategy provided by manufacturer. 4.00% Customer Requirements Varies depending on NetDocuments Technical Support Services through Manufacturer 2.00% Customer Requirements Implementation Services and other Related Services Varies depending on OneStream 2.00% provided by manufacturer. Customer Requirements Technical Support, Training and other Related Services Pluralsight 2.00% Per User provided by manufacturer. DLT Solutions Implementation 12.00% Per Hour DLT Solutions Configuration 12.00% Per Hour DLT Solutions Architec Solution 12.00% Per Hour DLT Solutions Project Management 12.00% Per Hour DLT Solutions System Admnistration 12.00% Per Hour DLT Solutions Training 12.00% Per Hour Maintenance, Technical Support and other Related DLT Solutions 12.00% Per Hour Services NOT provided by Manufacturer NOTE: Vendor's quote to DIR Customers shall include the Administrative Fee. The fee will be added to the Firm Fixed Price and/or MSRP after the DIR Discount % off MSRP is applied. EXHIBIT C Budgetary Quote No.532841 and Budgetary Quote No. 5325595 (Attached) Cooperative Purchase Page 8 of 9 To: Nori Sanchez Ft Worth City of (TX) 100 Fort Worth Trail Fort Worth, TX 76102 Phone: (817) 392-2854 Fax: Email: nori.sanchez@fortworthtexas.gov # DLT Part No. Price Quotation Quote: 5324841 Reference: 1934744 Date: 05/09/2025 Expires: 06/08/2025 From: Kiran Saund DLT Solutions, LLC 2411 Dulles Corner Park Suite 800 Herndon, VA 20171 Phone: (703) 708-9609 Fax: (703) 708-960 Email: kiran.saund@d .co A Contra ly—­-Unit Price Ext. Price S-TX-MVEND-DIR-SW� 411 $3,332.00 $13,328.00 2 InfoWorks ICM - Ultimate Government Single -user Annual Subs Network Maintenance 2:1 Trade -In BUDGETARY 110004398493 *price subject to increase 5-10%* PoP: 5/15/2026 through 5/14/2027 This quote is made on behalf of IMAGINiT Total The pricing above is a Rough O binding proposal. This is for bud Quote, DLT Contract #: DIR-CPO-5677 IN UEI - F1 N2KDGBDTU8 Federal ID: 54-1599882 CAGE Code: OSOH9 rN FOB: Destination Contract Term: 01/28/2025-01/28-2027 Ship Via: Fedex Ground/UPS Payment Terms: Net 30 days Switched From I Autodesk Reseller $13,328.00 T(RCTM). This should not be construed or interpreted to be a an g purposes only. Upon receipt of a Request for Proposal or Ni n official binding proposal or quotation. THIS QUOTE IS SUBJECT TO THE TERMS AND CONDITIONS OF CONTRACT NUMBER DIR-CPO-5677. CUSTOMER IS DIRECTED TO INCORPORATE (BY REFERENCE) THIS QUOTE IN ANY RESULTING TASK/DELIVERY ORDER OR AWARD. THE TERMS OF THE AFOREMENTIONED CONTRACT ARE THE ONLY CONTROLLING TERMS AND ANY TERMS OR CONDITIONS CONTAINED IN AN ORDER, AWARD OR OTHER INSTRUMENT OF BUYER, WHICH ARE IN ADDITION TO OR INCONSISTENT WITH ANY OF THE TERMS OR CONDITIONS CONTAINED IN THOSE REFERENCED HEREIN, SHALL NOT BE BINDING ON DLT OR ITS MANUFACTURERS AND SHALL NOT APPLY UNLESS SPECIFICALLY AGREED TO IN WRITING BY DLT. CPARs requests should be sent to the attention of Steve Wells at cpars@dlt.com DLT CONFIDENTIAL Page 1 of 2 Quote: 5324841 Reference: 1934744 Price Quotation Date: 05/09/2025 Expires: 06/08/2025 PLEASE REMIT ACH: DLT Solutions, LLC -OR- Mail: DLT Solutions, LLC PAYMENT TO: Bank of America P.O. Box 743359 ABA # 111000012 Atlanta, GA 30374-3359 Acct # 4451063799 Customer orders are subject to all applicable taxes and regulatory fees. Documentation to be submitted to validate Invoice for payment: a. Authorized Services shall be invoiced with a corresponding time report for the period of performance identifying names, days, and hours worked. b. Authorized reimbursable expenses shall be invoiced with a detailed expense report, documented by copies of supporting receipts. c. Authorized Education or Training shall be invoiced with a Report identifying date and name of class completed, and where applicable the name of attendees. J DLT CONFIDENTIAL Page 2 of 2 Quote: 5325595 Reference: 1935188 °LT Sa;�Na•1f Price Quotation Date: 05/13/2025 Expires: 06/12/2025 To: Nori Sanchez From: Kiran Saund Ft Worth City of (TX) DLT Solutions, LLC 100 Fort Worth 2411 Dulles Corner Park IT Solutions Suite 800 FORT WORTH, TX 76102 Herndon, VA 20171 Phone: (817) 392-2854 Phone: (703) 708-9609 Fax: Fax: (703) 708-9609 Email: nori.sanchez@fortworthtexas.gov Email: kiran.saund@d .co # DLT Part No. Contract nit Price Ext. Price 1 9701-1001828 S-TX-MVEND-DIR-SW 16 $504.70 $8,075.20 2 AutoCAD LT Government Single -user Annual Subscription Renewal 110004293297 BUDGETARY *prices subject to increase 5-10%* PoP: 2/17/2026 through 2/16/2027 2 9701-1001828 S-TX-MVEND-DIR-S 8 $504.70 $4,037.60 AutoCAD LT Government Single -user Annual Subscription Rene 110004293297 BUDGETARY *prices subject to increase 5-10%* PoP: 2/17/2026 through 2/16/2027 3 9701-1001828 S-TX-MV -DIR-S 2 =1 70 $504.$1,514.10 AutoCAD LT Government Single -user Annual Subscription Renewal 110004293297 BUDGETARY *prices subject to increase 5-10%* PoP: 2/17/2026 through 2/16/2027 4 9701-1001828 S-TX-MVEND-DIR-SW 2 $504.70 $1,009.40 2 �I AutoCAD LT Government Single -user Annual Subscription Renewal 110004293297 BUDGETARY *prices subject to increase 5-10%* PoP: 2/17/2026 through 2/16/2027 5 9701-1001828 S-TX-MVEND-DIR-SW 2 $504.70 $1,009.40 2 AutoCAD LT Government Single -user Annual Subscription Renewal 110004293297 PoP: 2/17/2026 through 2/16/2027 _J 6 9701-1001828 S-TX-MVEND-DIR-SW 1 $504.70 rM $504.70 2 AutoCAD LT Government Single -user Annual Subscription Renewal 110004293297 PoP: 2/17/2026 through 2/16/2027 DLT CONFIDENTIAL Page 1 of 3 fffm EX ft"s-ow I Ian Price Quotation # DLT Part No. Contract 7 9701-1001828 S-TX-MVEND-DIR-SW 2 AutoCAD LT Government Single -user Annual Subscription Renewal 110004293297 PoP: 2/17/2026 through 2/16/2027 8 9701-1001828 S-TX-MVEND-DIR-SW 2 AutoCAD LT Government Single -user Annual Subscription Renewal 110004293297 PoP: 2/17/2026 through 2/16/2027 9 9701-1001828 S-TX-MVEND-DIR-SW 2 AutoCAD LT Government Single -user Annual Subscription Renewal 110004293297 PoP: 2/17/2026 through 2/16/2027 10 9701-1001828 S-TX-MVEND-DIR-SW 2 AutoCAD LT Government Single -user Annual Subscription Renewal 110004293297 PoP: 2/17/2026 through 2/16/2027 11 9701-1001828 S-TX-MVE N D-DIR-S W 2 AutoCAD LT Government Single -user Annual Subscription Renewal 110004293297 PoP: 2/17/2026 through 2/16/2027 12 9701-1001913 S-TX-MVEND-DIR-SW 2 Civil 3D Governme le -user An al Subscription Renewal 110004293297 PoP: 2/17/2026 hrouN2/1027 13 9701-1001913 AW S-TX-MVEND-DIR-SW 2 Civil 3D Government Single -user Annual Subscription Renewal 110004293297 PoP: 2/17/2026 through 2/16/2027 14 9701-1001913 S-TX-MVEND-DIR-SW 2 Civil 3D Government Single -user Annual Subscription Renewal 110004293297 PoP: 2/17/2026 through 2/16/2027 Quote: 5325595 Reference: 1935188 Date: 05/13/2025 Expires: 06/12/2025 Qty Unit Price Ext. Price 1 $504.70 $504.70 1 .70 $504.70 jr $504.70 $504.70 1 $504.70 $504.70 3 $2,724.40 $8,1 1 $2,724.40 $2,724.40 DLT CONFIDENTIAL Page 2 of 3 Price Quotation # DLT Part No. Contract Quote: 5325595 Reference: 1935188 Date: 05/13/2025 Expires: 06/12/2025 Qty Unit Price 15 9701-1002665 S-TX-MVEND-DIR-SW 1 $382.20 2 ReCap Pro Government Single -user Annual Subscription Renewal 110004293297 PoP: 2/17/2026 through 2/16/2027 This quote is made on behalf of IMAGINiT Technologies, your Authorized Autodesk Reseller Ext. Price $382.20 Total $32,678.10 The pricing above is a Rough Order of Magnitude (ROM). This should not be construed or interpreted to be a binding proposal. This is for budgetary and planning purposes only. Upon receipt of a Request for Proposal or Quote, DLT will respond with an official binding proposal or quotation. Contract #: DIR-CPO-5677 UEI - F1N2KDGBDTU8 Federal ID: 54-1599882 CAGE Code: OSOH9 FOB: Destination Contract Term: 01/28/2025-01/28-2027 Ship Via: Fedex Ground/UPS Payment Terms: Net 30 days THIS QUOTE IS SUBJECT TO THE TERMS AND CONDITIONS OF CONTRACT NUMBER DIR-CPO-5677. CUSTOMER IS DIRECTED TO INCORPORATE (BY REFERENCE) THIS QUOTE IN ANY RESULTING TASK/DELIVERY ORDER OR AWARD. THE TERMS OF THE AFOREMENTIONED CONTRACT ARE THE ONLY CONTROLLING TERMS AND ANY TERMS OR CONDITIONS CONTAINED IN AN ORDER, AWARD OR OTHER INSTRUMENT OF BUYER, WHICH ARE IN ADDITION TO OR INCONSISTENT WITH ANY OF THE TERMS OR CONDITIONS CONTAINED IN THOSE REFERENCED HEREIN, SHALL NOT BE BINDING ON DLT OR ITS MANUFACTURERS AND SHALL NOT APPLY UNLESS SPECIFICALLY AGREED TO IN WRITING BY DLT. CPARs requests should be sent to the attention of Steve Wells at cpars@dlt.com PLEASE R IT AC14: DLT Solutions, LLC -OR- Mail: DLT Solutions, LLC PAYMENT Bank of America P.O. Box 743359 ABA # 111000012 Atlanta, GA 30374-3359 Acct # 4451063799 Customer orders are subject to all applicable taxes and regulatory fees. Documentatio bmitted to validate Invoice for payment: a. Authorized SOWs shall be invoiced with a corresponding time report for the period of performance identifying names, days, and hours worked. b. Authorized reimbursable expenses shall be invoiced with a detailed expense report, documented by copies of supporting receipts. c. Authorized Education or Training shall be invoiced with a Report identifying date and name of class completed, and where applicable the name of attendees. DLT CONFIDENTIAL Page 3 of 3 EXHIBIT D Conflict of Interest Questionnaire (Attached) Cooperative Purchase Page 9 of 9 Docusign Envelope ID: F4368DAD-EE09-4CA1-BDE6-5A27F226AB00 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. 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. DLT Solutions, LLC 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. None. Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes ® 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 ® 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. None. 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 7u1 9, 2025 1 15:48:59 EDT 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 Docusign Envelope ID: F4368DAD-EE09-4CA1-BDE6-5A27F226AB00 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 § 176.0010-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) Avendor 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