HomeMy WebLinkAboutContract 54781 CSC No.54781
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE
This Cooperative Purchase ("Coop Purchase") reflects the agreement between the City of
Fort Worth, ("City'), a Texas home rule municipal corporation and Future Com LTD, a Texas
Limited Partnership ("Vendor") to purchase hardware, appliances, software, support, and
consulting services under a cooperative agreement.
The Coop Purchase includes the following documents (collectively, Cooperative
Documents")which shall be construed in the order of precedence in which they are listed:
1. Schedule A—Fort Worth Terms and Conditions ("Fort Worth Agreement");
2. Schedule B—The Department of Information Resources (DIR)Contract No. 3926
("Cooperative Contract");
3. Schedule C—DIR-TSO-3926 Pricing Schedule ("Quote").
All the Schedules which are attached hereto and incorporated herein are made a part of this
Coop Purchase for all purposes. In the event of a conflict between the Fort Worth Agreement, the
Quote and/or the Cooperative Contract, then the Fort Worth Agreement shall control over both,
but only to the extent allowable under the Cooperative Contract.
The maximum amount to be paid to the Vendor for all services performed and goods
purchased hereunder shall not exceed two million, five hundred thousand dollars ($2,500,000.00)
per year.
The Coop Purchase shall become effective upon the signing of the Coop Purchase by an
Assistant City Manager of the City (the "Effective Date") and shall expire June 28, 2021 after the
Effective Date (the Expiration Date"), unless terminated earlier in accordance with the provisions
of the Agreement or otherwise extended by the parties. The Coop Purchase may be renewed for
up to one additional year at the City's option, each a "Renewal Term." City shall provide Vendor
with written notice of its intent to renew at least thirty(30) days prior to the end of each term.
The undersigned represents and warrants that he or she has the power and authority to
execute this Coop Purchase and the Cooperative Documents and bind the Vendor.
(signature page follows)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Cooperative Purchase Page 1 of 20
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
VAU'v\1 administration of this contract, including
By. Valerie Renee Washington(Nov 2,202016:09 CST) ensuring all performance and reporting
Name: Valerie Washington requirements.
Title: Assistant City Manager
Date: Nov 2, 2020
By: Bobby Lee(Nov 2,202013:10 CST)
Approval Recommended: Name: Bobby Lee
Title: Sr. IT Solutions Manager
K � Approved as to Form and Legality:
By:
Name: Kevin Gunn
Title: IT Solutions Director TB Strati
4444vauu By: JB Strong(Nov ,202015:42 CST)
Attest: opFORr�o
ppp Name: John B. Strong
C
off° po Title: Assistant City Attorney
ono o=d
o*�
Contract Authorization:
IInavoo
By: M&C: 20-0650 09/15/2020
Name: Mary J. Kayser
Title: City Secretary
VENDOR:
Future Com LTD.
Mark Digitally signed by Mark
Williamson
Williamson Date:2020.10.30
By: 11:00:14-05'00'
Name: Mark Williamson
Title: CFCI
Date: 1 o/,o/?,o?,o
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Cooperative Purchase Page 2 of 20
Schedule A
FORT
WORTH,,.,
1. Termination.
1.1. Convenience.Either the City or Vendor may terminate this Agreement at any time
and for any reason by providing the other party with 30 days written notice of termination.
1.2. Breach. If either party commits a material breach of this Agreement, the non-
breaching Party must give written notice to the breaching party that describes the breach in
reasonable detail. The breaching party must cure the breach ten(10)calendar days after receipt of
notice from the non-breaching party,or other time frame as agreed to by the parties.If the breaching
party fails to cure the breach within the stated period of time, the non-breaching party may, in its
sole discretion, and without prejudice to any other right under this Agreement, law, or equity,
immediately terminate this Agreement by giving written notice to the breaching party.
1.3. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by
the City in any fiscal period for any payments due hereunder,the City will notify Vendor of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever,except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
1.4. Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date,the City shall pay Vendor for products and services actually
rendered and or provisioned up to the effective date of termination and Vendor shall continue to
provide the City with services requested by the City and in accordance with this Agreement up to
the effective date of termination.Upon termination of this Agreement for any reason,Vendor shall
provide the City with copies of all completed or partially completed documents prepared under this
Agreement. In the event Vendor has received access to City information or data as a requirement
to perform services hereunder,Vendor shall return all City provided data to the City in a machine
readable format or other format deemed acceptable to the City.
2. Disclosure of Conflicts and Confidential Information.
2.1. Disclosure of Conflicts.Vendor hereby warrants to the City that Vendor has made
full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to the City in writing.
2.2. Confidential Information. The City acknowledges that Vendor may use products,
materials, or methodologies proprietary to Vendor. The City agrees that Vendor's provision of
services under this Agreement shall not be grounds for the City to have or obtain any rights in such
proprietary products, materials, or methodologies unless the parties have executed a separate
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written agreement with respect thereto. Vendor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by the City ("City Information") as
confidential and shall not disclose any such information to a third party, except suppliers,
manufacturers and distributors, without the prior written approval of the City.
2.3. Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
2.4. Unauthorized Access.Vendor 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,in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with the City to protect such information from further unauthorized disclosure.
3. Right to Audit.
3.1. Vendor agrees that the City shall, until the expiration of three(3)years after final
payment under this Agreement, have access to and the right to examine at reasonable times any
directly pertinent books, documents, papers and records of the Vendor involving transactions
relating to this Agreement at no additional cost to the City. 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 compliance with the provisions
of this section. The City shall give Vendor not less than 10 days written notice of any intended
audits.
3.2. Vendor further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall,until expiration of three(3)
years after final payment of the subcontract,have access to and the right to examine at reasonable
times any directly pertinent books,documents,papers and records 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 not less than 10 days written notice of any intended audits.
4. Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges granted herein,and not as agent,representative
or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, contractors and
subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
the City,its officers,agents, servants and employees,and Vendor,its officers,agents,employees, servants,
contractors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between City and Vendor. It is further understood that the City shall in
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no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants,
employees or subcontractors of Vendor.Neither Vendor, nor any officers, agents, servants, employees or
subcontractors of Vendor shall be entitled to any employment benefits from the City. Vendor shall be
responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
officers,agents, servants, employees or subcontractors.
5. LIABILITY AND INDEMNIFICATION.
5.1. LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER,WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE
NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
5.2. CITY AGREES THAT RESELLER SHALL HAVE NO LIABILITY TO
CITY FOR CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING ANY WORK
PRODUCT, EVEN IF RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES WITH THE EXCEPTION OF DIRECT DAMAGES TO CITY
RESULTING FROM RESELLER'S WILLFUL MISCONDUCT OR GROSS
NEGLIGENCE. IN NO EVENT SHALL RESELLER BE LIABLE FOR ANY DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE
SERVICES IN EXCESS OF THE AMOUNTS PAID BY CITY HEREUNDER.
5.3. INDEMNIFICATION -VENDOR HEREBY COVENANTS AND AGREES
TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS
OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT,TO THE EXTENT CAUSED BY THE ACTS
OR OMISSIONS OF VENDOR, ITS OFFICERS, AGENTS, SUBCONTRACTORS,
SERVANTS OR EMPLOYEES.
5.4. INTELLECTUAL PROPERTY INFRINGEMENT.
5.4.1. The Vendor warrants that all Deliverables, except for third party
manufactures products and services resold to the City and governed by the
manufactures licenses,support,maintenance or services agreements between the City
and manufacturer, or any part thereof, furnished hereunder, including but not
limited to: programs, documentation, software, analyses, applications, methods,
ways, and processes (in this Section 8C each individually referred to as a
"Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate
any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual
property rights or other third party proprietary rights,in the performance of services
under this Agreement.
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5.4.2. Vendor shall be liable and responsible for any and all claims made
against the City for infringement, except for third party manufactures products and
services resold to the City and governed by the manufactures licenses, support,
maintenance or services agreements between the City and manufacturer, of any
patent, copyright, trademark, service mark, trade secret, or other intellectual
property rights by the use of or supplying of any Deliverable(s) in the course of
performance or completion of, or in any way connected with providing the services,
or the City's continued use of the Deliverable(s) hereunder.
5.4.3. 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, except for third party manufactures products and services
resold to the City and governed by the manufactures licenses, support, maintenance
or services agreements between the City and manufacturer, 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 this
Agreement, it being understood that this agreement to indemnify, defend, settle or
pay shall not apply if the 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 8,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 this Agreement,the City shall have the sole right to conduct the defense of any
such claim or action and all negotiations for its settlement or compromise and to settle
or compromise any such claim;however,Vendor shall fully participate and cooperate
with the City in defense of such claim or action. City agrees to give Vendor timely
written notice of any such claim or action,with copies of all papers City may receive
relating thereto.Notwithstanding the foregoing,the City's assumption of payment of
costs or expenses shall not eliminate Vendor's duty to indemnify the City under this
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 this 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 AND AMOUNTS SET FORTH IN SECTION 10 OF THIS
AGREEMENT.
6. Assignment and Subcontracting.
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6.1. Vendor shall not assign or subcontract any of its duties,obligations or rights under
this Agreement without the prior written consent of the City. If the City grants consent to an
assignment, the assignee shall execute a written agreement with the City and the Vendor under
which the assignee agrees to be bound by the duties and obligations of Vendor under this
Agreement.The Vendor and assignee shall be j ointly liable for all obligations under this Agreement
prior to the assignment. If the City grants consent to a subcontract,the subcontractor shall execute
a written agreement with the Vendor referencing this Agreement under which the subcontractor
shall agree to be bound by the duties and obligations of the Vendor under this Agreement as such
duties and obligations may apply. The Vendor shall provide the City with a fully executed copy of
any such subcontract.
6.2. MBE Goal—Intentionally Omitted
7. Insurance.
7.1. The Vendor shall carry the following insurance coverage with a company that is
licensed to do business in Texas or otherwise approved by the City:
7.1.1. Commercial General Liability:
7.1.1.1. Combined limit of not less than $1,000,000 per occurrence;
$2,000,000 aggregate; or
7.1.1.2. Combined limit of not less than $1,000,000 per occurrence;
$2,000,000 aggregate and Umbrella Coverage in the amount of $1,000,000.
Umbrella policy shall contain a follow-form provision and shall include coverage
for personal and advertising injury.
7.1.1.3. .
7.1.2. Automobile Liability Insurance covering any vehicle used in providing
services under this Agreement, including non-owned, or hired vehicles, with a combined
limit of not less than$1,000,000 per occurrence.
7.1.3. Professional Liability(Errors & Omissions) in the amount of$1,000,000
per claim and$1,000,000 aggregate limit.
7.1.4. Statutory Workers' Compensation and Employers' Liability insurance
requirements per the amount required by statute.
7.1.5. Technology Liability(Errors&Omissions)
7.1.5.1. Combined limit of not less than $2,000,000 per occurrence;
$2million aggregate or
7.1.5.2. Combined limit of not less than $1,000,000 per occurrence;
$2,000,000 aggregate and Umbrella Coverage in the amount of $1,000,000.
Umbrella policy shall contain a follow-form provision and shall include coverage
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for personal and advertising injury. The umbrella policy shall cover amounts for
any claims not covered by the primary Technology Liability policy.
7.1.5.3. Coverage shall include,but not be limited to,the following:
7.1.5.3.1. Failure to prevent unauthorized access;
7.1.5.3.2. Unauthorized disclosure of information;
7.1.5.3.3. Implantation of malicious code or computer
virus;
7.1.5.3.4. Fraud, Dishonest or Intentional Acts with final
adjudication language;
7.1.5.3.5. Intellectual Property Infringement coverage,
specifically including coverage for intellectual property infringement
claims and for indemnification and legal defense of any claims of
intellectual property infringement, including infringement of patent,
copyright, trade mark or trade secret, brought against the City for use of
Deliverables, Software or Services provided by Vendor under this
Agreement;
7.1.5.3.6. Technology coverage may be provided through
an endorsement to the Commercial General Liability (CGL) policy, a
separate policy specific to Technology E&O, or an umbrella policy that
picks up coverage after primary coverage is exhausted. Either is
acceptable if coverage meets all other requirements. . Any deductible will
be the sole responsibility of the Vendor and may not exceed $50,000
without the written approval of the City. Coverage shall be claims-made,
with a retroactive or prior acts date that is on or before the effective date
of this Agreement. Coverage shall be maintained for the duration of the
contractual agreement and for two (2) years following completion of
services provided. An annual certificate of insurance,or a full copy of the
policy if requested, shall be submitted to the City to evidence coverage;
and
7.2. General Insurance Requirements:
7.2.1. All applicable policies shall name the City as an additional insured
thereon, as its interests may appear. The term City shall include its employees, officers,
officials,agents, and volunteers in respect to the contracted services.
7.2.2. The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery)in favor of the City of Fort Worth.
7.2.3. A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to the City. Ten (10)days' notice shall be acceptable
in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City
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of Fort Worth, 1000 Throckmorton,Fort Worth,Texas 76102.
7.2.4. The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A-VII in the
current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that required,
written approval of Risk Management is required.
7.2.5. Any failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
7.2.6. Certificates of Insurance evidencing that the Vendor has obtained all
required insurance shall be delivered to and approved by the City's Risk Management
Division prior to execution of this Agreement.
8. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees to comply with
all applicable federal,state and local laws,ordinances,rules and regulations. If the City notifies Vendor of
any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and
correct the violation.
9. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subcontractors and successors in interest,as part of the consideration herein,agrees that in the performance
of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged
violation of this non-discrimination covenant by Vendor, its personal representatives, assigns,
subcontractors or successors in interest,Vendor agrees to assume such liability and to indemnify and defend
the City and hold the City harmless from such claim.
10. Notices. 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 THE CITY: TO VENDOR:
City of Fort Worth Future Corn LTD
Attn: Assistant City Manager Attn: Authorized Signatory
200 Texas Street 3600 William D. Tate Avenue
Fort Worth TX 76102 Ste.300
Grapevine,TX 76051
With Copy to the City Attorney Facsimile: (817) 510-1159
at same address
11. Solicitation of Employees. Neither the City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer. This
provision shall not apply to an employee who responds to a general solicitation or advertisement of
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employment by either party.
12. Governmental Powers. It is understood and agreed that by execution of this Agreement,
the City does not waive or surrender any of its governmental powers.
13. No Waiver. The failure of the City or Vendor to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the
City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
14. Governing Law and 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.
15. 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.
16. Force Majeure. The City and Vendor shall exercise their best efforts to meet their
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.
17. Headings Not Controlling. Headings and titles used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
18. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed
this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
19. Amendments. No amendment of this Agreement shall be binding upon a party hereto
unless such amendment is set forth in a written instrument, and duly executed by an authorized
representative of each party.
20. Entirety of Agreement. This Agreement, including any exhibits attached hereto and any
documents incorporated herein by reference,contains the entire understanding and agreement between the
City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement.
21. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall,for all purposes,be deemed an original,but all such counterparts shall together constitute
one and the same instrument. An executed Agreement, modification, amendment, or separate signature
page shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and
reflects the signing of the document by any party.Duplicates are valid and binding even if an original paper
document bearing each party's original signature is not delivered.
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22. Warranty of Services. Vendor warrants that its services, except for third party
manufactures products and services resold to the City and governed by the manufactures licenses, support,
maintenance or services agreements between the City and manufacturer, will be of a professional quality
and conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's
option,Vendor shall either(a)use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or(b)refund the fees paid by the City to Vendor for the nonconforming
services.
23. Network Access.
23.1. City Network Access. If Vendor, and/or any of its employees, officers, agents,
servants or subcontractors(for purposes of this section "Vendor Personnel"), requires access to the
City's computer network in order to provide the services herein,Vendor shall execute and comply
a Network Access Agreement.
23.2. Federal Law Enforcement Database Access. If Vendor, or any Vendor Personnel,
requires access to any federal law enforcement database or any federal criminal history record
information system, including but not limited to Fingerprint Identification Records System
("FIRS"),Interstate Identification Index System("III System"),National Crime Information Center
("NCIC")of National Fingerprint File ("NFF"), or Texas Law Enforcement Telecommunications
Systems ("TLETS"), that is governed by and/or defined in Title 28, Code of Federal Regulations
Part 20 ("CFR Part 20"), for the purpose of providing services for the administration of criminal
justice as defined therein on behalf of the City or the Fort Worth Police Department, under this
Agreement, Vendor shall comply with the Criminal Justice Information Services Security Policy
and CFR Part 20, as amended, and shall separately execute the Federal Bureau of Investigation
Criminal Justice Information Services Security Addendum.No changes,modifications,alterations,
or amendments shall be made to the Security Addendum. The document must be executed as is,
and as approved by the Texas Department of Public Safety and the United States Attorney General.
24. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all 1-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
25. Informal Dispute Resolution. Except in the event of termination pursuant to Section 4.2,if
either City or Vendor has a claim,dispute,or other matter in question for breach of duty,obligations,services
rendered or any warranty that arises under this Agreement,the parties shall first attempt to resolve the matter
through this dispute resolution process. The disputing party shall notify the other party in writing as soon as
practicable after discovering the claim,dispute,or breach. The notice shall state the nature of the dispute and
list the parry's specific reasons for such dispute. Within ten(10)business days of receipt of the notice,both
parties shall commence the resolution process and make a good faith effort,either through email,mail,phone
conference,in person meetings,or other reasonable means to resolve any claim,dispute,breach or other matter
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in question that may arise out of,or in connection with this Agreement. If the parties fail to resolve the dispute
within sixty(60)days of the date of receipt of the notice of the dispute,then the parties may submit the matter
to non-binding mediation in Tarrant County,Texas,upon written consent of authorized representatives of both
parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other
applicable rules governing mediation then in effect.The mediator shall be agreed to by the parties.Each party
shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in
the costs of the mediation. If the parties cannot resolve the dispute through mediation,then either party shall
have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the
fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute
resolution process,the parties agree to continue without delay all of their respective duties and obligations
under this Agreement not affected by the dispute. Either party may, before or during the exercise of the
informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary
restraining order or preliminary injunction where such relief is necessary to protect its interests.
26. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less
than$100,000,this section does not apply.Vendor acknowledges that in accordance with Chapter 2270 of
the Texas Government Code, City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms `boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this Addendum, Vendor certifies that Vendor's signature provides written verification to
City that Vendor: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the
Agreement.
27. Reporting Requirements.
27.1. For purposes of this section,the words below shall have the following meaning:
27.1.1. Child shall mean a person under the age of 18 years of age.
27.1.2. Child pornography means an image of a child engaging in sexual conduct
or sexual performance as defined by Section 43.25 of the Texas Penal Code.
27.1.3. Computer means an electronic, magnetic, optical, electrochemical, or
other high-speed data processing device that performs logical, arithmetic, or memory
functions by the manipulations of electronic or magnetic impulses and includes all input,
output,processing,storage,or communication facilities that are connected or related to the
device.
27.1.4. Computer technician means an individual who,in the course and scope of
employment or business,installs,repairs, or otherwise services a computer for a fee. This
shall include installation of software,hardware,and maintenance services.
27.2. Reporting Requirement. If Vendor meets the definition of Computer Technician
as defined herein, and while providing services pursuant to this Agreement, views an image on a
computer that is or appears to be child pornography,Vendor shall immediately report the discovery
of the image to the City and to a local or state law enforcement agency or the Cyber Tip Line at the
National Center for Missing and Exploited Children.The report must include the name and address
of the owner or person claiming a right to possession of the computer, if known, and as permitted
by law. Failure by Vendor to make the report required herein may result in criminal and/or civil
Cooperative Purchase Page 12 of 20
penalties.
28. Survival of Provisions. The parties' duties and obligations pursuant to sections related to
Duties and Obligations,Disclosure of Conflicts and Confidential Information,Right to Audit, and Liability
and Indemnification shall survive termination of this Agreement.
Cooperative Purchase Page 13 of 20
Schedule B
httys:Hdir.texas.2ov/View-Search/Contracts-Detail.asux?contractnumber=DIR-TSO-
3926&keyword=future com
Cooperative Purchase Page 14 of 20
Schedule C
DocuSign Envelope ID:965EB506-CD51-477B-A190-8C3lC1C23C4E
Appendix C Pricing Index
DIR-TSO-3926 Amendment 2
Carahsoft Technology Corporation
DIR Customer
Manufacturer]Brand Product Description
MSRP
Hardware
F5 Networks,Inc. BIG-IP Switch F5-BIG-BT-15800 7.00%
F5 Networks Inc. Field Upgrade I F5-UPG-QSFP+3M-2+ 15.00%
F5 Networks,Inc. JAJI Other F5 Networks Hardware 7.00%
FireE a Semi-Rugged La tops VCM-24VD 35.00%
FireE a Resource Management Software RMS-123 40.00%
FireE e Appliance 4402HX-HW 5.00%
FireE a JAII Other FireE a Hardware 5.00%
GigaVUE-HC1 node,121G/10G cages,4
Gigamon 10/10011000M Copper,fan tray,2 power GVS-HC101 5.00%
supplies,AC power
Gigamon 10GigaTAP4SR for GigaVUE-2404 850nm TAP-232 5.00%
Multimode tap blade with 4 taps
Gigamon 10GigaTAP 1LR for GigaVUE-2404 1310nm TAP-233 5.00%
Singlemode tap blade with 4 taps
GigaVUE-1-1131-0416 branch node 10G cages 8
Gigamon 1G cages 81G copper 2 Fan Trays Single AC GVS-HB101-0416 5.00%
power
Gigamon GigaVUE-HC2 base unit w/chassis Control Card GVS-HC201 5.00%
1 Fan Tray CLI 2 power supplies AC power
Gigamon All Other Gigamon Hardware 5.00%
Gndless Power Corporation Gridless CORE-Portable,intelligent 1 kWh GCO01 2.00%
battery system
Gridless Power Corporation Cellular Communications-Addacellular AD001 2.00%
communications package to a Gridless CORE
Gridless Power Corporation SOU RCE1000AC-AC charger for the Gridless GA001 2.00%
CORE:1 hour charge time
Gridless Power Corporation SOU RCE250AC-AC charger for the Gridless GA004 2.00%
CORE:4 hour charge time
Gridless Power Corporation DC Output-Add a DC output port to a Gridless AD002 2.00%
CORE
Gridless Power Corporation SOU RCE250AUTO-Battery clamp charge GA005 2.00%
cable;charge a Ciridless CORE from a vehicle
Gridless Power Corporation SOURCE 2005-Foldable,lightweight solar GA007 2.00%
panel for the Gridless CORE
1-Year Warranty Extension-Extends the
Gridless Power Corporation standard Gridless CORE Warranty from 2 years 50001 2.00%
to 3 years
Gridless Power Corporation Gridless CORE RM-Rack mounted 2kWh GCO02 2.00%
battery system
Gridless Power Corporation Gridless CORE WH-Larger,wheeled version of GC003 2.00%
the Gridless CORE
Gridless Power Corporation All Other Gridless Hardware 2.00%
Nimble Storage Base Array C1H 7.50%
Nimble Storage All Other Nimble Hardware 7.50%
Proo oint Archivin liance PP-A670 13.00%
Proofpoint I Messaging liance PP-P370 13.00%
Proofpoint All Other Proof oint Hardware 13.00%
Verdas Netbackup Appliance 17398-M4323 15.64%
Verdas Clearwell Appliance 21218437-M3 15.64%
Verdas All Other Ventas Hardware 15.64%
Software
Ac uia All 5.00%
Akamai All 26.00%
Alfresco Alfresco Workdesk-Departmental Base AWD-DEP-BASE-100 7.29%
Subscription(100 users)
Alfresco Alfresco Workdesk-Additional User AWD-DEP-USER 7.31%
(Departmental)
Alfresco Alfresco Workdesk-Enterprise Base AWD-ENT-BASE-500 7.31%
Subscr lion 500 users
Cooperative Purchase Page 15 of 20
DocuSign Envelope ID:965EB506-CD51-477B-A190-8C31C1C23C4E
Alfresco Alfresco Workdesk-Additional User(Enterprise) AWD-ENT-WRKDSKIJSER 7.30%
Alfresco Alfresco Mobile Workdesk-Departmental Base AWD-MOB-DEP-BASE-100 4.24%
Subscription(100 users)
Alfresco All Other Alfresco Software 5.00%
Ana Ian,Inc. JAII 1 1.00%
Arcusys,Inc. JAII 3.00%
BlackBag Technologies JAII 4.00%
Blackberry All 1 4.00%
Box Inc. JAII 18.39%
Com asscom All 4.28%
Data Locker All 8.00%
DravAoop All 4.28%
Dmva All 1.00%
F5 Networks,Inc. All 7.00%
FireE e JAII 2.00%
Gi amon All 5.00%
H Trust All 6.00%
ikeGPS All 4.28%
Liferay All 3.00%
Nimble Storage All 7.50%
O enGov All 5.00%
Proolpoint All 13.00%
Qualtrics,LLC All 1.74%
Red Hat Inc. Red Hat Enterprise Linux for Virtual Datacenters, RH00001 20.48%
Premium
Red Hat Inc. Red Hat Enterprise Linux for Virtual Datacenters, RH00002 20,48%
Standard
Red Hat Inc. Red Hat JBoss Enterprise Application Platform, MWO153748 20.48%
16-Core Premium
Red Hat Inc. Red Hat JBoss Enterprise Application Platform, MYW
16-Core Standard 196814 20.48
Red Hat CloudForns,Premium(Managed
Red Hat Inc. Nodes:Physical(2 sockets)or Virtual(16),public MCT2838 16.00%
cloud)
Red Hat CloudForns,Standard(Managed
Red Hat Inc. Nodes:Physical(2 sockets)or Virtual(16),public MCT2841 16.00%
cloud)
Red Hat Inc. Red Hat Enterprise Linux with Smart MCT2927 20.48%
Virtualization,Premium 2-sockets
Red Hat Inc. Red Hat Enterprise Linux with Smart MCT2930 20.48%
Virtualization,Standard 2-sockets
Red Hat Inc. Red Hat Satellite Capsule Server MCT0369 20.48%
Red Hat Inc. Red Hat Satellite Capsule Server(Capsule MCT3262 20.48%
Server only,RHEL not included)
Red Hat Inc. Red Hat Gluster Storage,Premium 1 Node RS0112235 20.48%
Red Hat Inc. Red Hat Gluster Storage,Premium(2 Nodes+1 RS0143423 20.48%
Node for quorum setup)
Red Hat Inc. Red Hat Ceph Storage,Premium(Up to 256TB RS00036 16.00%
on a maximum of 12 Physical Nodes
Red Hat Inc. Red Hat Ceph Storage,Premium(Up to 512TB RS00037 16.00%
on a maximum of 25 Physical Nodes
Red Hat Inc. Red Hat Mobile Application Platform,B2E, MCT3363 16.00%
Unlimited Apps,Premium Support,200 Users
Red Hat Inc. Red Hat Mobile Application Platform,B2E, MCT3354 16.00%
Unlimited Apps,Standard Support,200 Users
Red Hat Inc. Ansible Tower by Red Hat,Self-Support(100 MCT3296
Managed Nodes
Cooperative Purchase Page 16 of 20
DocuSign Envelope ID:965EB506-CD51-477B-A190-8C31C1C23C4E
Red Hat Inc. Ansible Tower by Red Hat,Self-Support(250 MCT3297 1.00%
Managed Nodes
Red Hat Inc. JBoss Technical Account Management Services MCT1350 1.00%
Red Hat Inc. Red Hat Enterprise Linux Platform Software 20.48%
Red Hat Inc. Red Hat Enterprise Linux Middleware Software 20.48%
Red Hat Inc. Red Hat Cloud Solutions 16.00%
Red Hat Inc. Red Hat Enterprise Virtualization Software 20.48°k
Red Hat Inc. Red Hat Network Satellite and Related Network 20.48%
software
Red Hat Inc. Red Hat Guster Storage Software 20.48%
Red Hat Inc. Red Hat CEPH Storage Software 16.00%
Red Hat Inc_ Red Hat Mobile Application Platform Software 16 00%
Red Hat Inc. Red Hat Ansible Software 1.00%
Red Hat Inc. Red Hat Technical Account Managers 1.00%
RSA All 20.00%
ServiceNow ServiceNow Service Management Suite v2: PROD01275 4.50%
ServiceNow Service Management Suite v2 With Performance PROD02140 4.50%
Analytics:
ServiceNow ServiceNow Service Management Suite v2 With PROD01277 4.50%
Platform Runtime:
ServiceNow ServiceNow Standard Package-forthefirst PROD02213 5.00%
1,000 connected devices
ServiceNow ServiceNow Additional connected devices PROD02214 15.00%
between 1,001 and4,999
ServiceNow ServiceNow Advanced Package-includes use PROD02218 5.00%
rights for the first 1,000 connected devices
ServiceNow ServiceNow Additional connected devices pROD02219 15.00%
behveen 1 001 and 4 999
ServiceNow All Other ServiceNow Software 4.50%
S lunk All 1.50%
Veritas Clearwell Base Software 12970-M3 16.39%
Veritas Backup Exec Software 13670-M2954 11.43%
Veritas Netbackup Base Software 10915-M0374 16.39%
Verltas Veritas New License 16.39%
Veritas Veritas Cloud Solutions 11.43%
Veritas All Other Veritas Software 16.39%
VMware Site Recovery Manager VC-SRM6-25S-C 3.50%
VMware vCloud Air HSD-AIACR-12PTO-CIS 3.50%
VMware NSX Enterprise NX-ENT-C 3.50%
VMware vS here Standard-Academic VS6-STD-A 43.50%
VMware vS here Enterprise Plus VS6-EPL-C 3.50%
VMware vCenter Standard VCS6-STD-C 3.50%
VMware All Vmware Academic Software 43.50°k
VMware All VMware Government Software 3.50%
DIR Customer
Related Services Manufacturer's Part Number Discount%off
MSRP
Acquia
Remote Administration Standard RA-STAND 4.24%
Remote Administration Premium RA-PREM 4.24%
Acquia Installation 4.24%
Acquia Maintenance 4.24%
Acquia Training I 4.24%
Akamai
Akamai Installation 5.00%
Akamai Maintenance 1 5.00%
Akamai Training 1 5.00%
Alfresco
General Consulting-10 Days CONS-GEN-10 9.32%
General Consulting-15 Days CONS-GEN-15 9.32%
General Consulting-20 Days CONS-GEN-20 9.32%
General Consulting-25Days CONS-GEN-25 9.32%
General Consulting-5Days CONS-GEN-5 9.32%
Alfresco Installation 9.32%
Alfresco Maintenance 9.32%
Alfresco Training 9.32%
Ana fan
Special Ops Consultant(Professional Services)in hourly rates PS-SOC 1.00%
Client Director(Professional Services)in hourly rates. PS-CD 1.00%
Business Partner(Professional Services)in hourly rates. PS-BP 1.00%
Solution Implementation(Professional Services)in hourly rates. PSSIM 1.00%
Field Enablement Consultant(Professional Services)in hourly rates. PS-FEC -1.00%
Cooperative Purchase Page 17 of 20
DocuSign Envelope ID:965EB506-CD51-477B-A190-8C31C1C23C4E
Customer Launchpad Training(Professional Services) PS-CLT 1.00%
Anaplan Installation 9.32%
Anaplan Maintenance 9.32%
Anaplan Training 9.32%
Arcusys
Hourly rate for consultation services regarding Valamis Learning Experience VAL-CSSRV 3.00%
Platform solutions.Includes but is not limited to UX design,instructional design,
Arcusys Installation 3.00%
Arcusys Maintenance 3.00%
Arcusys Training 3.00%
Blackb Technologies
Blackbag Installation 3.00%
Blackbag Maintenance IN
Blackbag Training 3.00%
Blackberry
Perpetual Support Renewal-Silver-Premium SRV-00015-145 3.25%
WatchDox by BlackBerry Professional Services-Software Installation of SRV-00015-320 3.25%
Appliance
Perpetual Support New-BBOS-Premium SRV-00015-142 3.25%
Blackberry Installation 3.00%
Blackberry Maintenance 3.00%
Blackberry Training 3.00%
Sox inc.
Box Installation 5.00%
Box Maintenance 5.00%
Box Training 5.00%
conwasscom
CompassLDE AVL and Mobile Resource Management Server Software Software CSC500-LDE-SERV-SWMAINT 4.28%
Maintenance starting in year 2. Pricing based on 20%of initial software
CompassLDE Per Device(Vehicle/Laptop)Software Maintenance starting in year CSC500-LDE-VL-SWMAINT 4.28%
2. Pricing based on 20%of initial software purchase price(Fee Per Device)
CompassTrac 4 Viewing LicenseSoftware Maintenance starting in year 2. CSC500-CTRAC-4-SWMAINT 4.28%
Pricing based on 20%of initial software purchase price
CompassTrac 6 Viewing License Software Maintenance starting in year 2. CSC500-CTRAC-6-SWMAINT 4.28%
Pricing based on 20%of initial software purchase rice
CompassTracker Per Device Software Maintenance starting in year 2. Pricing CSC500-CTRACKR-P-SWMAINT 4.28
based on 20%of initial software purchase price(per device phone/tablet license)
CompassCom Installation 4.28%
CompassCom Maintenance 4.28%
CompassCom Training 4.28%
Datalocker
IronKey EMS Cloud(per device)-1 Year of Management Service for an IronKey EMS-1 4.28%
Enterprise USB flash drive,and IronKey Enterprise H300 hard drive.
RENEWAL:IronKey EMS Cloud(per device)-1Year of Management Service for EMS-1R 4.28%
an IronKey Enterprise USB flash drive and IronKey Enterprise H300 hard drive.
IronKey EMS Cloud(per device)-2 Years of Management Service for an EMS-2 4.28%
IronKeyEnterprise USB flash drive,and IronKeyEnterprise H300 hard drive.
RENEWAL:IronKey EMS Cloud(per device)-2 Years of Management Service EMS-2R 4.28%
for an IronKey Enterprise USB flash drive,and IronKey Enterprise H300 hard
IronKey EMS Cloud(per evice)-3 Years of Management Service for an EMS-3 4.28%
IronKey Enterprise USB flash drive,and IronKey Enterprise H300 hard drive.
Datalocker Installation 4.28%
Datalocker Maintenance 4.28%
Datalocker Training 4.28%
Draw/op
Salesforce AppExchange App Standard User Minimum 1 Annual Per Seat DDG-S 4.28%
Salesforce AppExchange App Enterprise User Minimum 5 Annual Per Seat DDG-E 4.28%
Salesforce AppExchange App FedRamp Gov User Minimum 50 Annual Per Seat DDG-G 4.28%
Drawloop Installation 4.28%
Drawloop Maintenance 4.28%
Drawloop Training 4.28%
Druva
Druva Installation 4.28%
Druva Maintenance 4.28%
Druva Training 4.28%
F5 Networks
Consulting:Standard Houd M-F 8AM-6PM) F5-CST-S 3.00%
BIG-IP Service:Premium CAT HW53 F5-SVC-BIG-PRE-HW53 7.00%
BIG-IP Service:Premium CATHW198 F5-SVC-BIG-PRE-HW198 7.00%
BIG-IP Training:Confi urin AFM ATC(2 Day) F5-TRG-BIG-AFM-CFG 12.00%
BIG-IP Training:Edge Gateway and Access Policy Manager(3 Days) F5-TRG-BIG-EGW-APM 12.00%
F5 Installation 3.00%
F5 Maintenance 5.00%
F5 Training 7.00%
F/reEye
5 days of service including travel expenses CS-OS-T 2.00
Cooperative Purchase Page 18 of 20
DocuSign Envelope ID:965EB506-CD51-477B-A190-8C31C1C23C4E
HX basic jumpstart 3 days of service-instal and knowledge transfer CS-HXJS-B 2.00%
Security Program Assesment,foxed price,6 weeks CS-SPA 2.00%
Up to 5 days,install of multiple different types of appliances,fixed price,travel CS-DI-JS-ADV 2.00%
included
PX Basic jumpstart,install of up to 3 appliances,knowledge trasfer,fixed price CS-PX-JSB 2.00%
Fire Eye Installation 2.00%
Fire Eye Maintenance 2.00%
Fire Eye Training 2.00%
Gigamon
12 Months Standard Support and Software Maintenance for GigaVU E-HC1 node, GVS-HC101-SM 5.00%
121 G/10Mns,4 10/100l1000M Co er,fan R,2 over su lies,AC
onths ta a upport an oftware Maintenance or GigaTAP-4SR for TAP-232-SM 5.00%
onsGi aVU E-2404 BSOnm Mulm.cl bladewth 4 s- r TAP-233SM 5.00%n upport an o re anennce Or
Gi aVUE-24041310nm Sin lemode tap blade with 4 taps
12 Months Standard Support and Software Maintenance for GigaVUE-HB1-0416 8101-0416SM 5.00%
branch node 4 10G cages 8 1 G ca es 8 1 G co er 2 Fan Trays Sin le AC GVS-H
12 Months Standard Support and Software Maintenance for GigaVUE-HC2 base GVS-HC201-SM 5.00
unit wd chassis Control Card 1 Fan TrayCLI 2 power supplies AC power
Gigamon Installation 5.00%
Gigamon Maintenance 5.00%
Gigamon Training 5.00%
Gridless Power
Gridless Power Installation 1.26%
Gridless Power Maintenance 1.26%
Gridless Power Training 1.26%
HyTrust
Professional Services-per day-excludes T&E HYT-PSO-1 D 5.65%
HyTrust Installation 5.65%
HyTrust Maintenance 5.65%
HyTrust Training 5.65%
IkeGPS
MapSight 3:Device with standard measuring tools,desktop software, 922-00300-3 4.28%
accessories.
MapSight 5:Device with standard measuring tools,TrueS¢e photo license, 922-00300-5 4.28%
desktop software,integration to GE FieldSmart,ikeAnnotate PLS ifre uired),
1 yr.Hardware Warranty and Software Maintenance:1 year extension to 960-00922-Wl 4.28%
standard Hardware Warranty and Software Maintenance
2 yr.Hardware Warranty and Software Maintenance:2 year extension to 960-00922-W2 4.28%
standard Hardware Warranty and Software Maintenance
Spike:Laser-based smartphone solution with standard measuring tools, 940-02000 4.28%
software,accessories.
IkeGPS Installation 4.28%
IkeGPS Maintenance 4.28%
IkeGPS Training 4.28%
Liferay
Liferay Installation 3.00%
Liferay Maintenance 3.00%
Lifers Training 3.00%
Nimble Storage
1 YR 4HR ONSITE Support for AF1000 AF1000-40N-1YR 7.50%
1YR4HR ONSITE Support for AF1000-2F-11T-1 AF1000-2F-11T-140N-tYR 7.50%
1 YR 4H R ONSITE Support for AF1 000-2F-1 7T-2 AF1000-2F-17T-24ON-tYR 7.50%
1 YR 4H R ONSITE Support for AF1000-2F-23T-1 AF1000-2F-23T-140N-1YR 7.50%
1 YR 4H R ONSITE Support for AF1000-2F-29T-2 AF1000-2F-29T-240N-1 YR 7,50%
Nimble Installation 750%
Nimble Maintenance 7.50%
Nimble Training 7.50%
OpenGov
OpenGov Installation 5.00%
OpenGov Maintenance 5.00%
OpenGov Training
ProofPoint
ProofPoint Installation 13.00
ProofPoint Maintenance 13,00%
ProofPoint Training 1 13.00%
Qualtrics
Qualtrics Installation 1.00%
Qualtrics Maintenance 1.00%
Qualtrics Training 1.00%
Red Hat
Red Hat Installation 1.00%
Red Hat Maintenance 1 1.00%
Red Hat Training 1.00
RSA
PCI Management Perp Enh Maint /era GRC-PCI-P-T1-E 11.00%
PCI Management Perp Enh Maint$/100 1 GRC-PCI-P-T2-E I 11.00%
PCI Management Perp Enh Maint$/100 GRC-PCI-P-T3-E 11.00%
Cooperative Purchase Page 19 of 20
DocuSign Envelope ID:965EB506-CD51-477B-A190-8C31C1C23C4E
RSA Installation 8.00%
RSA PCI Management Maintenance 10.00%
RSA All Other Maintenance 11.00%
RSA Training 10.00%
ServiceNow
ServiceNow®Learning Credit SNCLEARNCREDIT 1.50%
ServiceNow&System Administration Training(3 days)-Public(per attendee) PROD00100 1.50%
with Certification Voucher
ServiceNow®Implementation-Tailored-T&M SVCTSCWTAILIMP 1.50%
ServiceNow®Training-Tailored-T&M SNTRAININGTAIL 1.50%
ServiceNow Installation 1.50%
ServiceNow Maintenance 1.50%
ServiceNow,Training 1.50%
Splunk
Splunk Advisory Services-Dedicated Advisory Architect AS-DED-SAA 1.50%
Splunk Professional Services,Upgrade-Large PS-UPGRD-LRG-US 1.50%
Architecting and Deploying Splunk V6,1 student EDU-DEPL-1 1.50%
Splunk Professional Services-Cloud Data Migration Service-Up to 1,000TB PS-CLDMIGLRG 1.50%
Splunk Installation 1.50%
Splunk Maintenance 1.50%
Splunk Training 1.50%
Veritas
BCS Veritas Services 18390-M0010 4.50%
Veritas Installation 4.50%
Vedtas Maintenance 4.50%
All Veritas Maintenance Renewals 4.50%
VeritasTraining 4.50%
Vmware
VMware Installation 3.50%
VMware Maintenance 3.50
VMware Training 3.50%
Technical Services
Installation,Training,and Other Technical Services 10.00%
Volume Discount
r,
5100,000 All Gridless Power Products 1.26% 2.00% 3.26%
5250,000 All Gridless Power Products 1.26% 4.00% 5.26%
5500,000 All Gridless Power Products 1.26% 6.00% 7.26%
$1,000,000 All Gridless Power Products 1.26% 8.00% 9.26%
$1,000,000 All ServiceNow Software 4.50% 5.00% 9.50%
$500,000 All ServiceNow Installation 1.50% 5.00% 6.50%
$5,000 VMware TPP Eligible Products 3.50% 5.00% 8.50%
$60,00o VMware TPP Eligible Products 3.50% 7.00% 10.50%
$100,000 VMvare TPP Eligible Products 3.50% 10.00% 13.50%
$175,000 VMware TPP Eligible Products 3.50% 13.001/6 16.50%
$100,000 All F5Hardware/Software Products 7.00% 2.00% 9.00%
$250,000 All F5 Hardware/Software Products 7.00% 4.00% 11.00%
$500,000 All F5 Hardware/Software Products 7.00% 6.00% 13.00%
$100,000 Veritas New Hardware 15.64% 2.00% 17.64%
$100,000 Veritas New License 16.39% 2.00% 18.39%
$100,000 Veritas Cloud Solutions 11.43% 2.00% 13.43%
5250,000 Veritas New Hardware 15.64% 4.00% 19.64%
$250,000 Veritas New License 16.39% 4.00% 20.39%
$250,000 Veritas Cloud Solutions 11.43% 4.00% 15.43%
$1,000,000 Veritas New Hardware 15.64% 6.00% 21.64%
$1,000,000 Veritas New License 16.39% 6.00% 22.39%
51,000,000 Veritas Cloud Solutions 11.43% 6.00% 17.43%
Cooperative Purchase Page 20 of 20
10/6/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTII
DATE: 9/15/2020 REFERENCE**M&C 20- LOG 13P MULTI CO-OP TECHNOLOGY
NO.: 0650 NAME: INFRASTRUCTURE ITS ADK
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL)Authorize Non-Exclusive Purchase Agreements for Information Technology
Infrastructure, with Netsync Network Solutions, Inc., Presidio Networked Solutions Group,
LLC, and Future Com, LTD., Using Cooperative Contracts for the Information Technology
Solutions Department for the Combined Amount Up to $2,500,000.00
RECOMMENDATION:
It is recommended that the City Council authorize non-exclusive purchase agreements for information
technology infrastructure with Netsync Network Solutions, Inc., Presidio Networked Solutions Group,
LLC, and Future Com, LTD., using multiple State of Texas Department of Information Resources
Contracts, General Services Administration and The Interlocal Purchasing System cooperative
contracts for the Information Technology Solutions Department for the initial combined amount up to
$2,500,000.00.
DISCUSSION:
The Information Technology Solutions Department (ITS)will use these agreements to purchase
equipment and services from Netsync Network Solutions, Inc., Presidio Networked Solutions Group,
LLC, and Future Com, LTD to support the City's information technology infrastructure. This
infrastructure includes equipment and software supporting the City's servers, data storage, virtual
desktop environment, and network and telephone systems. These agreements will be used to support
the refreshes for the equipment that has reached the end of life cycle as well as new projects for City
departments using the following cooperative contracts:
Vendors Cooperative Term
Presidio, Netsync and Future DIR-TSO-4288 2/21/2025
Com
Presidio, Netsync and DIR-TSO-4160 10/2/2024
Future Com
Netsync and Future Com TIPS 200105 05/31/2023
Presidio, Netsync and Future DIR-CPO-4444 1/23/2025
Com
Presidio, Netsync DIR-TSO-3763 1/10/2024
Presidio, Netsync DIR-TSO-4299 12/17/2023
Presidio DIR-TSO-3847 5/25/2021
Presidio DIR-TSO-4254 10/15/2022
Netsync DIR-TSO-4169 11/21/2022
Netsync DIR-CPO-4430 7/10/2024
Netsync, Presidio TIPS 18050101 7/31/2021
Netsync TIPS 18050102 7/31/2021
Presidio DIR-TSO-4167 7/03/2023
apps.cfwnet.org/council_packet/mc_review.asp?I D=28219&councildate=9/15/202O 1/3
10/6/2020 M&C Review
Future Com DIR-TSO-3926 6/28/2022
GSA GS-35F-
Future Com 0119Y 12/19/2021
In the previous years, the Information Technology Solutions Department spent approximately$1.7
million in authorized expenditures out of the operating and capital fund. Approval would allow a total of
$2,500,000.00 million for projects such as safety and security, new building projects, building
upgrades, building renovations and building expansion projects. Approval of this M&C will eliminate
prior spending authority authorized under Mayor and Council Communication P-12248, 19-0123 and
19-0270.
PRICE ANALYSIS -The Texas Department of Information Resources Contract (DIR), General
Services Administration (GSA), and The Interlocal Purchasing System (TIPS) Contract offers
discounted pricing. Staff has reviewed the pricing and determined it to be fair and reasonable.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under
a cooperative purchasing agreement satisfies any state law requiring that the local government seek
competitive bids for the purchase of items. DIR, GSA and TIPS Contracts are competitively bid to
increase and simplify the purchasing power of government entities.
SUCCESSOR CONTRACTS - In the event that the cooperative agreement is not renewed, staff
would cease making purchases at the end of the last purchase agreement coinciding with the valid
cooperative agreement. If the City Council were to not appropriate funds for a future year, staff
would cease making purchases when the last appropriation expires, regardless of whether the then-
current purchase agreement has expired. If the cooperative contract is extended, this M&C
authorizes the City to purchase similar software and services under the extended contracts. If the
cooperative contract is not extended, but a new cooperative contract is executed with vendor with
substantially similar terms as the previous cooperative contract, this M&C authorizes the City to
purchase the services under the new cooperative contract.
M/WBE OFFICE—A MBW/SBE goal is not assigned when purchasing from an approved purchasing
cooperative or public entity.
ADMINISTRATIVE CHANGE ORDER-An administrative change order or increase may be made by
the City Manager for an amount up to $100,000.00 and does not require specific City Council
approval as long as sufficient funds have been appropriated.
AGREEMENT TERM - Upon City Council's approval, this agreement shall become effective and in
accordance with the terms of the DIR, GSA and TIPS contract.
RENEWAL OPTIONS: The agreement may be renewed for additional terms according to the
cooperative agreement at the City's options to renew. This action does not require specific City
Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's
obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations funds will be
available upon adoption of the Fiscal Year 2021 Budget by the City Council, and the funds will be
available in the Fiscal Year 2021 operating budget, as appropriated, in the General Fund to support
the approval of the above recommendation and award of the contract. Prior to an expenditure being
incurred, the Information Technology Solutions Department has the responsibility to validate the
availability of funds
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10/6/2020 M&C Review
Submitted for City Manager's Office by_ Jay Chapa (5804)
Valerie Washington (6192)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Ashley Kadva (2047)
ATTACHMENTS
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