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HomeMy WebLinkAboutContract 42626CITY SECRETARY �,L�, CONTRACT NO. OF FORT WORTH Submitted by: Jody Gedosch Dell Global Services Table of Contents Scope of Work Summary .............................................................. ............................... 3 1. Application Inventory .......................................................... ............................... 3 2. Application Compatibility Reporting ................................. ............................... 6 3. Scope of Work Provisions .................................................. .............................10 ContactSummary ................................................................................ .............................16 © Copyright 2010. Dell Inc. All rights reserved. Statement of Work For CITY OF FORT WORTH This Statement of Work ( "SOW ") is between Dell Marketing L.P. ( "Dell "), and CITY OF FORT WORTH ( "City of Fort Worth" or "Customer") for the services described in this SOW (individually, the "Service" or collectively, the "Services ") and is effective as of the date last executed in the Signature section below. This SOW and the performance of the Services hereunder are subject to and governed by the terms and conditions specified in the State of Texas Department of Information Resources Contract DIR -SDD -890 (the "Agreement "). Neither Dell nor its representatives, employees, contractors and /or subcontractors take responsibility for, nor are they liable for, any decisions made in the development of any systems, products, or software solutions that are made by, or for, Customer, or by employees or other representatives, contractors and /or subcontractors of Customer. I. Scope of Work Summary Dell met with City of Fort Worth and took away a need defined by three stages: This SOW represents stages 1 and 2 • Stage 1: An immediate need to assist in application inventory and categorization • Stage 2: The need to test application compatibility on Windows 7 for an estimated 50 applications The solution Dell defines within this document is focused on application discovery and compatibility for Windows 7. Dell proposes doing discovery across the entire City of Fort Worth installed client base as it is most cost effective to attack this data gathering step once. The application rationalization effort can focus on the applications discovered from the reporting inventory. 2.Application Inventory 2.1.1. Overview and Shared Objectives Application inventory is the first step towards managing an application portfolio. Dell will work with the customer to discover applications in the environment, and utilizing industry- proven methods for application recognition categorize raw application data into usable reports. This is an important step in determining both the level of effort and budget requirements for a Customer's managed application environment. Dell will summarize the results from this effort into an overall report, along with providing detailed application data from the inventory effort. Dell will discover, identify and categorize applications using a discovery agent and database that can recognize over 115 million off - the -shelf application executable. This tool will recognize the majority of off - the -shelf executable, but will not recognize applications that were written in- house. As part of this process Dell will analyze the data to identify likely targets for rationalization, including non - business applications, multiple versions of the same application, and applications with redundant functionality. Dell will provide a target list of applications for rationalization. The interpreted list of applications, analysis, prioritization and plan to rationalize the application portfolio are the key deliverables, along with a prioritized list for Windows 7 compatibility testing. In summary Dell will: 1. Use an agent to collect software information from up to 6,000 PCs 2. Process data thru titling engine database 3. Analyze the data to identify target applications for rationalization 4. Provide a Findings Report that: 5. Lists and categorizes the applications 6. Prioritizes applications for rationalization, compatibility testing and packaging 7. Includes a plan for rationalizing the application portfolio 2.1.2. Scheduling The total duration of this work effort is estimated to be fixed duration and scope based on the discovery effort, and the number of applications expected to be discovered. Per that criteria the estimated duration for this work effort is 3 total weeks. Pre -work Prior to Dell beginning the engagement the following activities are required to be completed: • Install the discovery agent and collect data (typically 4 weeks prior to starting the application inventory efforts, target is 80% of the customer environment) Week(s) 1 -2 The following weeks will include the following activities: • Remote kick -off meeting and discovery confirmation • Process data through Dell's Titling Engine • Assemble application reports • Generate Findings Report • Onsite Findings presentation 2.1.3. Scope and Definition The Application Inventory and Categorization effort will have the following Phases: 1. Discovery (Customer is responsible to deploy the discovery agent) 2. Application titling and categorization 3. Application analysis 4. Rationalization and Windows 7 compatibility testing planning 5. Findings report of all applications in Excel 6. Final executive PowerPoint presentation Discovery During discovery Customer will deploy a Dell- provided agent to their PCs. This agent will communicate the required asset discovery data points for all client systems within the environment. All infrastructure and server -side processing is hosted by Dell. These asset discovery data points include the following: 1. Computer name 2. Computer domain name 3. List of applications installed on each computer. Discovered application data includes: a. Computer associated with the application b. File name c. File size d. Publisher e. Version Utilizing these data points the titling engine service will recognize approximately 80% of a customer's data set. Application executable that are unknown to the Dell titling engine will have to be manually researched by the Dell consultant, and will be limited to a best -effort using publically available internet searches and customer application Subject Matter Experts (SMEs) to identify the applications. As this may be a long list the applications will be sorted by instance count and discovery attempts will only be made on applications that are prevalent in the environment. Categorization Dell consultants will process the application evidence list obtained from Customer through the Dell Application Titling Engine. This will provide: 1. Normalization a. Titles b. Versions c. Publisher 2. Categorization (The function the application provides) Resulting data will be processed by Dell consultants in the analysis step. Primary analysis during this phase will be focused on the identification of COTS applications, analysis including researching a subset of any unidentified apps, determining multi version applications, applications with duplicate functionality, and non - business applications. Dell will also provide a prioritized application list for compatibility testing, and subset list of applications that the customer should perform rationalization on (typically 20 -30% of final app list). Limited business analysis will occur during this phase. Exclusions For the avoidance of doubt, the following activities are deemed outside the scope of this SOW. In the event Customer requests that Dell perform such activities, the parties will execute the necessary amendment or change order to address such additional activities. • Detailed application rationalization • Business use or redundant functionality reporting • Licensing costs or support costs • Sentencing of applications to retain or retire • Processing data that is beyond the agreed upon machine count or application count as stated in this SOW • Application compatibility analysis 2.1.4. Deliverables Phase Service Description Application Applications in the customer environment are discovered for application Discovery titling Application Discovered applications are normalized and categorized Inventory Application is compatible with target Operating System and is Final Application prioritization for rationalization, compatibility testing and Reporting packaging Plan for rationalizing the application portfolio 3.Application Compatibility Reporting 3.1.1. Overview and Shared Objectives Application Compatibility Reporting (ACR) Service (the "ACR Service "), as more fully described herein, determines an application portfolio's compatibility characteristics against a target Operating System (OS) as a first step to determination of both Level of Effort and budget requirements of a customer's Application Migration project. By providing the ACR Service, Dell will identify installation and functional characteristics of each application and return a summary report describing each application in terms of Red /Amber /Green (RAG), each with the corresponding meaning set forth herein. Application Compatibility Reporting RAG Status Application NOT compatible with target Operating System. RED Requires Dell consultation for deployment options or vendor intervention for full remediation. Application incompatibility can be remediated AMBER Application is compatible with target Operating System and is GREEN ready for User Acceptance Testing (UAT) Customer Setup (option): If identified as a selected option in the charges section of this SOW, Dell will perform all compatibility testing on Customer's own corporate OS build rather than standard OS image to further ensure application compatibility with custom OS configuration. Approach Dell will utilize industry - proven methods for determination of OS compatibility for each application of the Customer's portfolio. The ACR Service includes extensive testing and investigation of each application to determine functional compatibility with the target Operating System. The ACR Service will accommodate either MSI packaged or unpackaged applications. Dell will test applications using a customer- supplied use case or User Acceptance Test (UAT) script. Dell will report on a robust set of criteria, as set forth herein, which generates comprehensive results, an application -by- application compatibility issues list and granular budgeting details. Dell agrees to deliver to Customer the Services described below. 3.1.2. Scheduling This Service is estimated to take 5 weeks. 3.1.3. Scope and Definition For successful completion of the Services, Dell will perform the tasks in unique phases as follows: • Perform installation testing on each qualified application (based on qualification criteria provided by Dell) using installation instructions or installation scripts provided by Customer in electronic format. • Perform functional testing on each qualified application using detailed Use Case or User Acceptance Testing (UAT) scripts provided by customer in electronic format (Microsoft Word, Notepad or Adobe PDF). • Provide side -by -side parallel testing of application on n -1 legacy OS and target OS. • Analyze the testing results and provide in -depth investigation of any issues discovered. • Coordinate with vendors (when possible) to identify compatibility issues and solutions. • Provide a Summary Report for the portfolio of tested applications. Summary Report will quantify each application in the portfolio in terms of Red /Amber /Green. • Provide detailed Application Compatibility Report listing observations such as errors or target Operating System prompts. • Provide a quote for additional Dell services including Packaging or Remediation of tested applications. As used in this SOW, "Knowledge Transfer", "Demonstrations" and "Documentation ", and all references thereto, and the pricing quoted herein specifically exclude any Dell Training and Certification Services. Knowledge Transfer outlines only an informal transfer of basic knowledge of the Dell services from the on -site Dell engineer to Customer's local contact or IT representative. Dell Training and Certification Services offerings are available by Customer subject to a separate price quote. 3.1.4. Deliverables The following is a list of deliverables that will be provided to Customer under this SOW subject to time authorized through this SOW. If this SOW includes a not -to- exceed hour limit that is not sufficient for completion of the deliverable list, more time for completion will require Customer authorization via the Change Control process described in Section 6. Dell shall not be liable for completion of deliverables if Customer does not authorize such additional time. 1� • Application Compatibility Report in Microsoft Word or PDF format up to 50 applications • Quote in Microsoft Word or PDF format for Dell's Application Migration Service which includes packaging and remediation of tested applications Assumptions: Dell may make certain assumptions while specifying the Services and deliverables detailed in this SOW. It is the Customer's responsibility to identify any incorrect assumptions or take immediate action which will make all of Dell's assumptions correct. Dell has made the following specific assumptions while specifying the Services detailed in this SOW: 1. In the absence of installation scripts Dell will attempt installation of the application and provide a commercially reasonable effort up to 15 minutes for any application not accompanied by complete and current installation instructions or installation script. 2. Applications with installation dependencies such as specific hardware components, back -end database connections or other LAN -based services are not good candidates for ACR testing. Dell will provide specific requirements for candidate applications. 3. Dell will provide a secure transport (similar to encrypted FTP) and storage for all uploaded data (e.g. applications, installation instructions, corporate image, etc). Alternatively, customer can arrange with Dell assigned PM to dispatch other media (CD, DVD, USB Hard Drive) via post or other courier at customer cost. 4. ACR testing will be performed against target Operating System. NOTE: Dell supplied Windows Vista target OS will utilize a default configuration including User Account Control (UAC) enabled, Windows Resource Protection (WRP) enabled and applications installed in Standard User context. 5. Applications which fail functionality testing due to undocumented and unsatisfied dependencies such as specific hardware components, back -end network connectivity will be documented. Dell may charge the full ACR testing price in these circumstances. 6. Application Suites that include multiple installation files (MSI or EXE) will be billed on a per MSI or EXE basis. (For the avoidance of doubt, these application suites will result in multiple ACR application testing charges corresponding to the number of MSI or EXE files.) 7. Minimum quantities required to initiate a ACR project: 15 qualified applications For performance measurement purposes, project will not begin until all applications, supporting documentation and (optional) corporate image /virtual machine are uploaded to Dell provided storage or confirmation of delivery is received by both Dell assigned Project Manager and Customer assigned Point of Contact. 9. Dell will invoice Customer based on the rates set forth in the pricing section of this SOW. Invoicing will occur following the completion of Application Compatibility Reporting activities for each application. Customer Responsibilities: Both Customer and Dell are responsible for collaborating on the execution of the Services. Dell's responsibilities have been set forth elsewhere in this SOW. Customer agrees generally to cooperate with Dell to see that the Services are successfully completed. Customer agrees to the following assigned responsibilities: Customer is responsible for delivery of application portfolio along with supporting documentation to Dell's assigned ACR Project Manager (PM). a. Customer must provide complete and current installation instructions or installation script for each application. In the absence of instructions or scripts Dell will attempt installation of the application and provide a commercially reasonable effort up to 15 minutes for any application not accompanied by complete and current installation instructions or installation script. b. Customer must identify all dependencies for applications submitted to the ACR process: i. Network Dependencies: (1) Applications which require LAN connectivity for installation are considered out of scope for the ACR Service (see optional VPN client setup below). (2) Persistent or client -based VPN client connection setup and subsequent management are out of scope for this SOW; however, Dell will provide these services as an optional service charged at a Time and Materials (T &M) rate as set forth herein. ii. Hardware Dependencies: (1) License fobs, dongles, printers, scanners, plotters etc. cannot be replicated in Dell's application packaging labs. Applications which require these items for installation or functionality are considered out of scope for this SOW. (2) Dell will provide on -site packaging and on -site verification testing upon request at an additional charge using the Change Management Process. iii. Software Dependencies: (1) Customer is required to identify software dependencies for each application. Dell can test applications with software dependencies when identified prior to testing. Customer Setup option: Customer is responsible for delivery of corporate OS build and any related GPOs to Dell's assigned ACR Project Manager (PM). Corporate build may be deivered in VMWare or Microsoft VirtualPC virtual machine formats (preferred), Microsoft .wim, Symantec .gho, Altiris .img (or .exe) formats. 4. Scope of Work Provisions 4.1.1. Assumptions and Customer Responsibilities Assumptions: Dell may make certain assumptions while specifying the Services and deliverables detailed in this SOW. It is the Customer's responsibility to identify any incorrect assumptions or take immediate action which will make all of Dell's assumptions correct. Dell has made the following specific assumptions while specifying the Services detailed in this SOW: 1. If the assumptions used to develop the SOW are found to be incorrect, the parties agree to meet and negotiate, in good faith, equitable changes to the SOW, Service Levels and /or Fee Schedule, as appropriate. 2. The prices for the Services are based on Customer's environment as known by Dell at the time of execution of this SOW. If the volumes, consumption factors or requirements change by +/- five (5 %) percent, Dell will adjust the pricing to reflect these changes. 3. The Services and any necessary travel associated with the Services will be conducted during normal business hours (Monday through Friday, between 8 a.m. and 6 p.m. local Customer time). 4. Dell reserves the right to perform portions of the work remotely according to a schedule mutually agreed to by both Customer and Dell. 5. Dell is not responsible for resolving compatibility or other issues that cannot be resolved by the manufacturer or for configuring hardware or software in contradiction to the settings supported by the manufacturer. 6. Dell is not responsible for project or Service delivery delays caused by Customer facility or personnel challenges. 7. Completing transition within the agreed timeframe is contingent upon Dell receiving the necessary Customer information and gaining access to the necessary Customer resources, personnel, and facilities in a timely manner. 8. Dell's pricing does not assume the assumption of any Customer or third party personnel, hardware, software, equipment or other assets currently utilized in the Customer's operating environment 9. Dell reserves the right to sub - contract portions or all of the requested Services, but Customer reserves the right to give consent prior to such sub - contracting. Dell will notify Customer in advance if it desires to subcontract any portion of the Services. Customer acknowledges that its review and acceptance of subcontractors may affect the project timeline.. Customer Responsibilities: Both Customer and Dell are responsible for collaborating on the execution of the Services. Dell's responsibilities have been set forth elsewhere in this SOW. Customer agrees generally to cooperate with Dell to see that the Services are successfully completed. Customer agrees to the following assigned responsibilities: 1. Prior to the start of this SOW, Customer will indicate to Dell in writing a person to be the single point of contact, according to project plan, to ensure that all tasks can be completed within the specified time period. All Services communications will be addressed to such point of contact (the "Customer Contact "). 2. Customer will provide technical points -of- contact, who have a working knowledge of the enterprise components to be considered during the Services ( "Technical Contacts "). Dell may reasonably request that meetings be scheduled with Technical Contacts. 3. To the extent permitted by Customer's policies and regulations, the Customer Contact will have the authority to act for Customer in certain aspects of the Service including bringing issues to the attention of the appropriate persons within Customer's organization and resolving conflicting requirements. 4. The Customer Contact will ensure that any communication between Customer and Dell, including any scope - related questions or requests, are made through the appropriate Dell Project Manager. 5. The Customer Contact will provide timely access to technical and business points of contact and required data/information for matters related to the scope of Service. 6. The Customer Contact will ensure attendance by key Customer contacts at Customer meetings and deliverable presentations. 7. The Customer Contact will obtain and provide project requirements, information, data, decisions and approvals within five (5) working days of the request, unless both parties agree to a different response time. 8. Customer may be responsible for developing or providing documentation, materials and assistance to Dell and agrees to do so in a timely manner. Dell shall not be responsible for any delays in completing its assigned tasks to the extent that they result from Customer's failure to provide such timely documentation, materials and assistance. 9. Customer will ensure the Services personnel have reasonable and safe access to the Project site, a safe working environment, an adequate office space, and parking as required. 10. Customer will inform Dell of all access issues and security measures, and provide access to all necessary hardware and facilities required to perform the Services. 11. Customer is responsible for providing all hardware, software, intemet access, and facilities for the successful completion of the Services. Facilities and power must meet Dell's requirements for the products and Services purchased. Data Backup Customer will complete a backup of all existing data and programs on affected systems prior to Dell arriving at the location to deliver this Service. DELL WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS. Data loss, data backup, and limitation of liability shall be governed by Appendix A, Section 9.1. and 9.K. of the Agreement, as restated and amended. 4.1.2. Change Control Process The "Change Control Process" is the process that governs changes to the scope of the Services during the term of this SOW. The Change Control Process will apply to new Services components and to enhancements of existing Services. A written "Change Order" will be the vehicle for communicating any desired changes to the Services. It will describe the proposed change to Services scope, pricing, resources, tasks, and deliverables; the reason for the change; related assumptions and Customer responsibilities; and the schedule and price impacts of the change. The Dell Project Manager will draft the Change Order document based on discussions with Customer and Dell team. Only changes included in a Change Order signed by both Customer and Dell will be implemented. In some cases, a Change Order will authorize Dell to study the impacts that a proposed change will have in terms of required changes to Services scope, schedule, and price. If, upon completion of the study, Customer agrees to proceed with an identified scope change, the Dell Project Manager will draft a separate Change Order to detail the specifics associated with that change. 4.1.3. Dell Personnel Skills and Qualifications Dell, will, at its sole discretion, determine the number of personnel and the appropriate skill sets necessary to complete the Services. Customer understands that Dell resources may include employees of Dell and /or a service provider or subcontractor to Dell. Dell personnel may work on -site at Customer location or off -site at a Dell or other location as determined by the needs of the Services and by specific agreement of the Customer project manager. 4.1.4. Payment Criteria Service Fees: Fixed Fee: Payment for Services is a Fixed Fee of US $42,349.00 Invoice/Payment Terms: Invoice for Services will be issued upon receipt of Customer signature of this SOW. Payment is due thirty (30) days from date of invoice. Expenses: Expenses are included in the Fixed Fee price. Unless the scope changes; Dell will not charge any additional expenses in connection with delivering the Services without the express written consent of Customer. Additional expenses include Service related expenses including actual, reasonable and necessary travel and living expense. Taxes: Dell's pricing does not include applicable local taxes. Scope Changes: Additional fees may apply if Customer changes or expands the scope of the Services. Any additional work that is required outside the scope of this SOW requires written approval by Customer and Dell as described in the Change Control Process detailed in this SOW. Services Scheduling: Services may not be scheduled or commenced until the Purchase Order (if any) and signed SOW is received by Dell. Upon receipt of a signed SOW and Purchase Order, a Dell Project Manager will typically contact you within 7 business days to begin Services scheduling. Services Scheduling will be based upon Customer's schedule preferences /requirements and the availability of required resources. Pricing: The terms offered by Dell under this SOW (including but not limited to the pricing) shall be valid for thirty (30) days following initial delivery of this SOW to Customer. In the event this SOW is executed by Customer after such thirty (30) day period, Dell may in its sole discretion, (i) accept the SOW on the stated terms or (ii) reject such SOW and may provide Customer with a revised SOW setting forth any necessary updates to the terms of the previous SOW. 4.1.5. Termination Customer may terminate this SOW for convenience upon providing Dell with thirty (30) days written notice. Upon any termination of this SOW or the associated Agreement, Customer shall pay all of Dell's unpaid fees and out -of- pocket expenses accrued through the effective date of such termination. If Customer fails to perform any payment obligations hereunder and such failure remains un- remedied for fifteen (15) days, Dell may suspend its performance until payment is received or terminate this SOW and the associated Agreement upon written notice. 4.1.6. Order of Precedence This SOW, together with the Purchase Order (if any) and the Agreement, states all of the rights and responsibilities of, and supersedes all prior and contemporaneous oral and written communications between Dell and Customer regarding this Service. The use of pre - printed forms, such as Purchase Orders, will be for convenience only, and all pre - printed terms and conditions stated on such forms will not apply to this Agreement. Should a conflict arise between the terms of the Purchase Order, SOW and Agreement, the following order of precedence shall be followed: first, the SOW, second the Agreement, and third the Purchase Order (if any); provided, however, that any terms and conditions printed on the Purchase Order shall not apply. 4.1.7. Signature Please fax or email a copy of your Purchase Order and this signed SOW (with all pages in full) to 512- 283 -7899 or US DIPS Project Administration Odell.com, Attention: Dell — Intake Manager. The Purchase Order amount should include estimated expenses if they are billable. APPROVED AS TO FORhf AND LEGALITY: Assistant t i k Attorney i 0.Z,S. i1 Attested by Contact Summary Customer Primary Contact for Service City of Fort Worth Customer Number: 2593386 Contact Name: David Newman Phone: Email: David.Newman @fortworthgov.org Date 04/01/2011 Dell Services Solutions Architect Jody L Gedosch Contact Title: Service Solution Architect Dell Global Services Phone: 512 -496 -7188 Email: Jody_Gedosch @Dell.com Customer Billing Contact City of Fort Worth 1000 Throckmorton Street Fort Worth, TX Dell Segment Contact David Galvan Phone: - Email: david_galvan @dell.com Location Where Work Will Be 1000 Throckmorton Street Performed Fort Worth, TX Dell Opportunity Number 2593386 Page 1 of 2 DELL QUOTATION QUOTE #: 593230489 Customer #: 41751599 Contract #: 48ABO CustomerAgreement #: DIR -SDD- 890 -TX Quote Date: 8/5/11 Date: 8/5/11 10:05:17 AM Customer Name: CITY OF FORT WORTH TOTAL QUOTE AMOUNT: $42,349.00 Product QuantLj Product Subtotal: $42,349.00 ProConsult -ICS Application Rationalization L 10000 (906 -2088) 1 Tax: $0.00 ProConsuit -ICS Application Rationalization L 1000 (906 -2087) 8 Shipping & Handling: $0.00 ProConsult -ICS Application Rationalization L 100 (906 -2078) 5 Shipping Method: I Groundl Total Number of System Groups: I 0 SOFTWARE & ACCESSORIES Joanna Scott Product QuantLj Unit Price Total ProConsult -ICS Application Rationalization L 10000 (906 -2088) 1 $9,040.00 $9,040.00 ProConsuit -ICS Application Rationalization L 1000 (906 -2087) 8 $904.00 $7,232.00 ProConsult -ICS Application Rationalization L 100 (906 -2078) 5 $90.40 $452.00 ProConsuit -ICS Application Rationalization L 10 (906 -2077) 4 $9.04 $36.16 ProConsult -ICS Application Rationalization L 1 (906 -2068) 1 $0.90 $0.90 ProConsult -ICS Application Rationalization L .01 (906 -2067) 98 $0.01 $0.98 ProConsult -ICS Application Rationalization E 100 (906 -2047) 63 $100.00 $6,300.00 ProConsult -ICS Application Rationalization E 1 (906 -2038) 10 $1.00 $10.00 Professional Services - OTHER Offer Category (991 -2639) 172 $0.01 $1.72 Dell Application Rationalization: Software Inventory Management ( "eSMART ") - per seat - 30 Day usage (929 -1879) 6000 $0.50 $3,000.00 Dell Application Rationalization: Software Inventory Management ( "eSMART ") - setup one time charge (929 -1889) 1 $2,500.00 $2,500.00 ProConsult -ICS Windows 7 Application Compatibility Reporting L 10000 (908 -5549) 1 $9,040.00 $9,040.00 ProConsult -ICS Windows 7 Application Compatibility Reporting L 1000 (908 -5539) 5 $904.00 $4,520.00 ProConsult -ICS Windows 7 Application Compatibility Reporting L 100 (908 -5529) 2 $90.40 $180.80 ProConsult -ICS Windows 7 Application Compatibility Reporting L 10 (908 -5519) 3 $9.04 $27.12 ProConsuit -ICS Windows 7 Application Compatibility Reporting L 1 (908 -5509) 7 $0.90 $6.30 ProConsult -ICS Windows 7 Application Compatibility Reporting L.01 (908 -5499) 31 $0.01 $0.31 Professional Services - OTHER Offer Category (991 -2639) 71 $0.01 $0.71 Number of S & A Items: 18 S &A Total Amount: $42,349.00 SALES REP: Joanna Scott PHONE: 5125139093 Email Address: joanna_scott @dell.com Phone Ext: 5139093 file:HC:\ Users\ jody _gedosch\AppData\Local\Microsoft \Windows \Temporary Internet Files... 8/23/2011 Page 2 of 2 X- DIR -SDD -890 and the SOW for these services shall govern. Please review this quote carefully. If complete and accurate, you may place your order online at www.dell.com /ato (use quote number above). POs and payments should be made to Dell Marketing L.P. If you do not have a separate agreement with Dell that applies to your order, please refer to www.dell.com /terms as follows: If purchasing for your internal use, your order will be subject to Dell's Terms and Conditions of Sale - Direct including Dell's U.S. Return Policy, at www .dell.com /returnpollcv#total. If purchasing for resale, your order will be subject to Dell's Terms and Condition of Sale for Persons or Entities Purchasing to Resell, and other terms of Dell's PartnerDirect program at www.dell.com /partner. If your order includes services, visit www.dell.com /servicecontracts for service descriptions and terms. Quote information is valid for U.S. customers and U.S. addresses only, and is subject to change. Sales tax on products shipped is based on "Ship To" address, and for downloads is based on "Bill To" address. Please indicate any tax - exempt status on your PO, and fax your exemption certificate, with seller listed as Dell Marketing L.P, to Dell's Tax Department at 800 -433 -9023. Please include your Customer Number. For certain products shipped to end -users in California, a State Environmental Fee will be applied. For Asset Recovery/Recycling Services, visit www.dell.com /assetrecovery. file: / /C:\ Users\ jody _gedosch\AppData\Local\Microsoft \Windows \Temporary Intemet Files... 8/23/2011 NETWORK ACCESS AGREEMENT This NETWORK ACCESS AGREEMENT ( "Agreement ") is made and entered into by and between the CITY OF FORT WORTH ( "City "), a home rule municipal corporation with its principal location at 1000 Throckmorton Street, Fort Worth, Texas 76102, organized under the laws of the State of Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and Dell Marketing, L.P. with its principal location at One Dell Way, Round Rock, Texas 78682, ( "Contractor "), individually referred to as a "party," collectively referred to as the "parties." RECITAL The parties agree that certain provisions listed herein shall be governed by State of Texas Contract Number DIR -SDD -890 between the State of Texas, acting by and through the Department of Information Resources and Dell Marketing, L.P., as amended and restated respectively (hereafter the "DIR Contract "), applicable provisions of which are hereby incorporated herein by reference and made a part of this Agreement for all purposes. The parties hereby agree as follows: 1. The Network. The City owns and operates a computing environment and network (collectively the "Network "). Contractor wishes to access the City s network in order to provide consulting services for the City's Microsoft Windows environment and Dell Optimized Deployment with MDT Toolikt. In order to provide the necessary support, Contractor needs access to the City's Network, Internet, Intranet, and email. 2. Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's Network for the sole purpose of providing consulting services. Such access is granted subject to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulation D -7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials. The City will provide Contractor with Network Credentials consisting of user IDs and passwords unique to each individual requiring Network access on behalf of the Contractor. Access rights will automatically expire one (1) year from the date of this Agreement. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then this Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. This Agreement will be associated with the Services designated below. ❑ Services are being provided in accordance with City Secretary Contract No. ❑ Services are being provided in accordance with City of Fort Worth Purchase Order No. ❑ Services are being provided in accordance with the Agreement to which this Access Agreement is attached. X No services are being provided pursuant to this Agreement. 4. Renewal. At the end of the first year and each year thereafter, this Agreement may be renewed annually if the following conditions are met: 4.1 Contracted services have not been completed. 4.2 Contracted services have not been terminated. 4.3 Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the Contractor has provided the City with a current list of its officers, agents, servants, employees or representatives requiring Network credentials. Notwithstanding the scheduled contract expiration or the status of completion of services, Contractor shall provide the City with a current list of officers, agents, servants, employees or representatives that require Dell Marketing, L.P. Network Access Agreement Rev. 1/1/2011 Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the Network and /or termination of this Agreement. 5. Network Restrictions. Contractor officers, agents, servants, employees or representatives may not share the City- assigned user IDs and passwords. Contractor acknowledges, agrees and hereby gives its authorization to the City to monitor Contractor's use of the City's Network in order to ensure Contractor's compliance with this Agreement. A breach by Contractor, its officers, agents, servants, employees or representatives, of this Agreement and any other written instructions or guidelines that the City provides to Contractor pursuant to this Agreement shall be grounds for the City immediately to deny Contractor access to the Network and Contractor's Data, terminate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 6. Termination. Termination rights shall be governed by the applicable provisions of the DIR Contract. 7. Information Security. Contractor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use. Contractor agrees to notify the City immediately upon discovery of a breach or threat of breach which could compromise the integrity of the City's Network, including but not limited to, theft of Contractor -owned equipment that contains City - provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City - provided Network credentials, and unauthorized use or sharing of Network credentials. 8. LIABILITY AND INDEMNIFICATION. Liability and Indemnity rights shall be governed by the applicable provisions of the DIR Contract. 9. Confidential Information. Rights related to Confidential Information shall be governed by the applicable provisions of the DIR Contract. The parties further agree that the City, as a local government entity, shall have the same rights afforded to state government entities under the DIR Contract. 10. Right to Audit. Audit rights shall be governed by the applicable provisions of the DIR Contract. The parties further agree that the City shall have the same audit rights afforded to the DIR and the State of Texas under the DIR Contract. 11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Contractor. This Agreement and any other documents incorporated herein by reference constitute the entire understanding and Agreement between the City and Contractor as to the matters contained herein regarding Contractor's access to and use of the City's Network. 12. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Contractor. 13. Assignment. Contractor may not assign or in any way transfer any of its interest in this Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and void. 14. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. Force Maieure. Each party shall exercise its best efforts to meet its respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and /or any other similar causes. Dell Marketing, L.P. 2 Network Access Agreement Rev. 1/1/2011 16. Governina Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. Sianature Authority. By affixing a signature below, the person signing this Agreement hereby warrants that he /she has the legal authority to bind the respective party to the terms and conditions in this agreement and to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. ACCEPTED AND AGREED: CITY OF FORT WORTH: DELL MARKETING, L.P.: By: By: f- 9/.s't - — — �Sus4n Alanis Name: Keon C. Robertson Assistant City na er Title: Sr. Contracts Advisor Date: Date: November 4, 2011 ATTEST: />Sg.City Secretary 44• n444 ,rJ .Q-A 0ooit o Y ,* APPROVED AS FORM AND LEGAL: B • `��4 Assistant City A orney M & C: none required Dell Marketing, L.P. Network Access Agreement o� 'Oy0 � F * a OFFICIAL RECORD CITY SECRETARY FT WORTH, TX kev. 1/ 1/2011 MEMORANDUM OF INSURANCE DATE 2/3/2011 THIS MEMORANDUM OF INSURANCE IS FOR AUTHORIZED VIEWERS ONLY. USE, DUPLICATION OR ALTERATION OF THIS DOCUMENT, WITHOUT THE SPECIFIC WRITTEN CONSENT OF THE INSURED, IS EXPRESSLY PROHIBITED. THIS MEMORANDUM IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT EXTEND, ALTER OR AMMEND THE COVERAGE NOTED OR CONFER RIGHTS UPON ANY VIEWER OR OTHER PARTY. COVERAGE DESCRIBED BELOW IS AS OF THE ABOVE DATE. PRODUCER LOCKTON COMPANIES, LLC -N DALLAS CO LTR 717 N. HARWOOD, LB #27 POLICY NUMBER DALLAS TX 75201 COMPANIES AFFORDING COVERAGE 214 - 969 -6700 INSURED Dell Inc, and its Subsidiaries 1078875 Dell Marketing L.P. Perot Systems Corporation One Dell Way - RRI -50 COMPANY A: New Hampshire Insurance Company COMPANY 13: National Union Fire Ins Co Pittsburgh PA COMPANY C : Insurance Company of the State of PA COMPANY D: Commerce and Industry Insurance Company Round Rock TX 78682 COMPANYE: COMMERCIAL GENERAL LIABILITY OCURRENCE UUVhKAUES Una INWr 13I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS GENERAL LIABILITY EACH OCCURENCE $ 1,000,000 D COMMERCIAL GENERAL LIABILITY OCURRENCE GL4406243 2/3/2011 3/1/2012 FIRE DAMAGE An one fire $ 1,000,000 GEN'L AGG LIMIT APPLIES PER: POLICY MED EXP (Any one Hereon $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP /OP AGG $ 5,000,000 AUTOMOBILE LIABILITY ANY COMBINED SINGLE LIMIT $ 1,000,000 B HIRED AUTOS TOS CA4309394 2/3/2011 3/1/2012 (Ea accident) NON -OWNED AUTOS BODILY INJURY $ XXX3C}CXX (Per person) BODILY INJURY $X} (Per accident) PROPERTY DAMAGE $ JCJCXXXiOC (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ X}(J{j xxx NOT APPLICABLE OTHER THAN $ XXXXXXX AUTOONLY: $ XXXXXXX EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 B OCCURENCE 15972756 2/3/2011 3/1/2012 AGGREGATE $ 5.000.000 $ XXXXXXx $ XXXXXXX $ XXXXXXX A WORKERS COMPENSATION/ EMPLOYERS' LIABILITY WC061967310 AOS / 7314 TX 2/3/2011 2/3/2012 WORKERS COMP LIMITS STATUTORY E.L. EACH ACCIDENT $ 1,000,000 A WC061967311 FL/ 7309 CA 2/3/2011 2/3/2012 A WC061967313 (see below) 2/3/2011 2/3/2012 E.L. DISEASE - EA EMPLOYEE 1 $ 1,000,000 C WC06 1 9673 1 2 MA 2/3/2011 2/3/2012 E.L. DISEASE -POLICY LIMIT $ 1,000,000 ADDITIONAL INFORMATION 'Workers' Compensation Policy # WC061967313 includes ND, OH, WA, WI, WY. The following are Inclusive on the above mentioned policies: Blanket Additional Insured as required by contract or agreement (General Liability & Auto) Blanket Waiver of Subrogation as required by contract or agreement. Primary and Non - Contributory Clause as required by contract. (General Liability & Auto) M &C Review Page 1 of 2 Official site of the City of Fort worth, Texas CITY COUNCIL AGENDA Fo_RrN COUNCIL ACTION: Approved on 10/2512011 DATE: 10252011 REFERENCE NO.: "P -11313 LOG NAME: 13P11 -0344 DELL HARDWARE CBR CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. Authorize Purchase Agreement with Dell Marketing, L.P., for Hardware, Software, Technology Services and Maintenance and Support Services for the Information Technology Solutions Department Using a State of Texas Department of lnfomation Resources Contract in the Amount of $4,800,000.00 for the First Year (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a Purchase Agreement with Dell Marketing, LP., for replacement and new hardware, software, technology services, and maintenance and support services for the Infornmtion Technology Solutions Department usir* State of Texas Department of Information Resources contract number, DIR -SDD -890, in the amount of $4,800,000.00 for the first year. DISCUSSION: The ITS Department will use this Agreement to purchase new and replacement hardware, technology services, and maintenance and support services from Dell Marketing, LP., (Dell) for all City departments on as needed basis. ITS will also use this Agreement to purchase new equipment, maintenance, software, asset recovery services and support services for all City departments from departmental operating funds. ITS is working with each City department to replace only the most critically needed computers and servers in order to reduce the risk of disruption and lack of productivity due to equipment failure. The criteria for replacement systems include performance problems, obsolescence and unavailable or cost prohibitive replacement parts. P""ems' with the currerrt hardware inakrde the inability to run applications and to run multiple programs simultaneously, systems locking up, slow processing, and screen damage which may lead to the loss of work. The need to run current generations of Microsoft Office and operating systems, and new technical software packages (GIS, AutoCad, and video streaming is also considered. Municipal Court, Library, Police and Parks and Community Services Departments have laptops and desktops that meet the replacement criteria. Previous expenditures have averaged $3,900,000.00 per year for the last two years. ITS has modified the replacement cycle using the new replacement criteria to reduce costs. The increased estimated amount in this aeon will be used for additional software licensing costs for Microsoft IMndows, Office, SQL, Desktop Power Management as well as for server upgrades and data storage increases that were delayed from previous years. PRICE ANALYSIS - The DIR contract offers Posed discounts ranging from two to 13 percent less than Deli's current retail price Cyst There is an additional minimum discount for equipment purchased through the State of Texas online store. Staff 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 purchase of to ftm The Department of lnformafion Resources contrad was http -.H apps. cfwnet. org /councii__pwket/mc_review. asp' ?IDS l 5921 &councildate=10 /25/2011 10/26/2011 M&C Review Page 2 of 2 competitively bid to increase and simplify the purchasing power of government entities. DIR issued a solicitation on the Comptroller Public Accounts' Electronic State Business Daily, Request for Offer (DIR -SDD -TMP -120, on April 1, 2008, for De"randed Hardware Products and Related Services. I IN11BE - A waiver of the goal for MNVBE subs m*acting requirements was requested by the Purchasing Division and approved by the MNNBE Office because the purchase of goods or services is from sources where subcontracting or supplier oPporhumbes are negligible. AGREEMENT TERM - Upon City Councirs approval, this Agreement shall begin on October 25, 2011 and expire on January 13, 2013, to align with the DIR contract. FISCAL INFORMATION/CERTIFICATION; The Financial Management Services Director certifies that funds are available in the current operating budgets, as appropriated, of the pertickwgi g dePertrnenj. BQM11 -03441CBR TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Managers Office by Originating, Deoartment Head: Additional Infommoon Contact: ATTACHMENTS Tom Higgins (6192) Lena Ellis (8517) Camillia Ryan (8321) Jack Dale (8357) http: / /apps. cfwnet. org /council _packet /mc_ review, asp ?ID=15921 &councildate=10 /25/2011 10/26/2011