HomeMy WebLinkAboutContract 58914CSC No. 58914
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between World Wide
Technology, LLC ("Seller") and the City of Fort Worth, ("Buyer"), a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A —
City's Terms and Conditions;
3. Exhibit B —
Conflict of Interest Questionnaire.
4. Exhibit C —
OMNIA Partners R210407; and
5. Exhibit D —
OMNIA R210407 Price List
Exhibits A, B, C, and D which are attached hereto and incorporated herein, are made a part of
this Agreement for all purposes. Seller agrees to provide Buyer with the services and goods included in
Exhibit C pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto. In the event of a conflict between Exhibit A — City's Terms and Conditions and Exhibit
C — OMNIA R210407, then Exhibit A — City's Terms and Conditions shall control, but only to the extent
allowable under the OMNIA R210407.
Buyer shall pay Seller in accordance with the fee schedule in Exhibit C and in accordance with
the provisions of this Agreement. Total payment made annually under this Agreement by Buyer shall
not exceed the amount of Eleven Million Two Hundred Thousand and 00/100 ($11,200,000.00). Seller
shall not provide any additional items or services or bill for expenses incurred for Buyer not specified
by this Agreement unless Buyer requests and approves in writing the additional costs for such services.
Buyer shall not be liable for any additional expenses of Seller not specified by this Agreement unless
Buyer first approves such expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager below ("Effective Date") and expires on May 31, 2024 to coincide with the Cooperative
Purchase Agreement. Buyer shall be able to renew this agreement for two (2) one-year renewal options
by written agreement of the parties.
[signature page following)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
The undersigned represents and warrants that he or she has the power and authority to execute
h Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
10
Date:
Vaz_ AAA --
Valerie Washington (Feb 21, 2023 09:41 CST)
Name: Valerie Washington
Title: Assistant City Manager
Feb 21, 2023
APPROVAL RECOMMENDED:
to
Name: Kevin Gunn
Title: Director, IT Solutions Department
ATTEST:
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Name: Jannette Goodall
Title: City Secretary
SELLER:
World Wide Technology, LLC
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
12W.44�
By: Bobby Lee (Feb 17, 2023 12:25 CST)
Name: Bobby Lee
Title: Sr. IT Solutions Manager
FR99Z1]iI017VV111Iall] 7uF.1►I-1XII-D[el1gY619
By:
Name: Taylor Paris
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0061
Approved: 02/14/2023
Form 1295: 2022-963536
ATTEST:
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By: , � U By:
Name: Gregory Brush Name:
Title: Area VP Public Sector Title:
Date: 2/14/2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
CITY OF FORT WORTH, TEXAS
TERMS AND CONDITIONS
1. Termination.
a. Convenience. Either City or Vendor may terminate the Agreement at any time
and for any reason by providing the other party with 30 days written notice of termination.
b. Breach. If either party commits a material breach of the 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 the Agreement, law, or
equity, immediately terminate the Agreement by giving written notice to the breaching party.
C. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Vendor of such
occurrence and the 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.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up
to the effective date of termination and Vendor shall continue to provide City with services
requested by City and in accordance with the Agreement up to the effective date of termination.
Upon termination of the Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under the 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 City in a machine readable format or other format
deemed acceptable to City.
2. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties or
liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted
from the Agreement and shall have no force or effect.
3. Law and Venue. The Agreement and the rights and obligations of the parties hereto shall
be governed by, and construed in accordance with the laws of the United States and state of Texas,
exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a
court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be
governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and
any such terms are hereby deleted from the Agreement and shall have no force or effect.
4. Linked Terms and Conditions. If the Agreement contains a website link to terms and
conditions, the linked terms and conditions located at that website link as of the effective date of the
Agreement shall be the linked terms and conditions referred to in the Agreement. To the extent that the
linked terms and conditions conflict with any provision of either this Addendum or the Agreement, the
provisions contained within this Addendum and the Agreement shall control. If any changes are made
to the linked terms and conditions after the date of the Agreement, such changes are hereby deleted and
void. Further, if Vendor cannot clearly and sufficiently demonstrate the exact terms and conditions as of
the effective date of the Agreement, all of the linked terms and conditions are hereby deleted and void.
5. Insurance. The City is a governmental entity under the laws of the state of Texas and
pursuant to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by Governmental
Units," is self -insured and therefore is not required to purchase insurance. To the extent the Agreement
requires City to purchase insurance, City objects to any such provision, the parties agree that any such
requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or
effect. City will provide a letter of self -insured status as requested by Vendor.
6. Sovereign ImmunitX. Nothing herein constitutes a waiver of City's sovereign immunity.
To the extent the Agreement requires City to waive its rights or immunities as a government entity; such
provisions are hereby deleted and shall have no force or effect.
7. Limitation of Liability and Indemnity. To the extent the Agreement, in any way, limits
the liability of Vendor or requires City to indemnify or hold Vendor or any third party harmless from
damages of any kind or character, City objects to these terms and any such terms are hereby deleted from
the Agreement and shall have no force or effect.
8. IP Indemnification. Vendor agrees to indemnify, defend, settle, or pay, at its own
cost and expense, including the payment of attorney's fees, any claim or action against the City for
infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual
property right arising from City's use of the Deliverable(s), or any part thereof, in accordance
with the Agreement, it being understood that the agreement to indemnify, defend, settle or pay
shall not apply if City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and
expense of payment for claims or actions against the City pursuant to this section 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 the Agreement, the City shall
have the sole right to conduct the defense of any such claim or action and all negotiations for its
settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully
participate and cooperate with the City in defense of such claim or action. City agrees to give
Vendor timely written notice of any such claim or action, with copies of all papers City may receive
relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or
expenses shall not eliminate Vendor's duty to indemnify the City under the Agreement. If the
Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained
or, if as a result of a settlement or compromise, such use is materially adversely restricted,
Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to
continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non -infringing,
provided that such modification does not materially adversely affect City's authorized use of the
Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally
equivalent non -infringing Deliverable(s) at no additional charge to City; or (d) if none of the
foregoing alternatives is reasonably available to Vendor, terminate the Agreement, and refund all
amounts paid to Vendor by the City, subsequent to which termination City may seek any and all
remedies available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE
SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY.
9. Data Breach. Vendor further agrees that it will monitor and test its data safeguards
from time to time, and further agrees to adjust its data safeguards from time to time in light of
relevant circumstances or the results of any relevant testing or monitoring. If Vendor suspects or
becomes aware of any unauthorized access to any financial or personal identifiable information
("Personal Data") by any unauthorized person or third party, or becomes aware of any other
security breach relating to Personal Data held or stored by Vendor under the Agreement or in
connection with the performance of any services performed under the Agreement or any
Statement(s) of Work ("Data Breach"), Vendor shall immediately notify City in writing and shall
fully cooperate with City at Vendor's expense to prevent or stop such Data Breach. In the event of
such Data Breach, Vendor shall fully and immediately comply with applicable laws, and shall take
the appropriate steps to remedy such Data Breach. Vendor will defend, indemnify and hold City,
its Affiliates, and their respective officers, directors, employees and agents, harmless from and
against any and all claims, suits, causes of action, liability, loss, costs and damages, including
reasonable attorney fees, arising out of or relating to any third party claim arising from breach by
Vendor of its obligations contained in this Section, except to the extent resulting from the acts or
omissions of City. All Personal Data to which Vendor has access under the Agreement, as between
Vendor and City, will remain the property of City. City hereby consents to the use, processing
and/or disclosure of Personal Data only for the purposes described herein and to the extent such
use or processing is necessary for Vendor to carry out its duties and responsibilities under the
Agreement, any applicable Statement(s) of Work, or as required by law. Vendor will not transfer
Personal Data to third parties other than through its underlying network provider to perform its
obligations under the Agreement, unless authorized in writing by City. Vendor's obligation to
defend, hold harmless and indemnify City shall remain in full effect if the Data Breach is the result
of the actions of a third party. All Personal Data delivered to Vendor shall be stored in the United
States or other jurisdictions approved by City in writing and shall not be transferred to any other
countries or jurisdictions without the prior written consent of City.
10. No Mandatory Arbitration. To the extent the Agreement requires mandatory arbitration
to resolve conflicts, City objects to these terms and any such terms are hereby deleted from the
Agreement and shall have no force or effect.
11. Insurance. Vendor agrees that insurance coverage provided to City by Vendor is sufficient
for purposes of the Agreement only.
12. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood
and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are
not appropriated or become unavailable, City shall have the right to terminate the Agreement except for
those portions of funds which have been appropriated prior to termination.
13. Public Information. 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. To the extent the Agreement requires that City maintain records in violation of the Act, City hereby
objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no
force or effect. In the event there is a request for information marked Confidential or Proprietary, City
shall promptly notify Vendor. It will be the responsibility of Vendor 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.
14. Addendum Controlling. If any provisions of the attached Agreement, conflict with the
terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance
of City, the terms in this Addendum shall control.
15. Network Access.
a. 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 with the Network Access Agreement which is attached hereto as Exhibit "A" and
incorporated herein for all purposes.
b. 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") or 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 the 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.
16. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under the Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all
I-9 forms and supporting eligibility documentation for each employee who performs work under the
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 the
Agreement for violations of this provision by Vendor.
17. 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.
18. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after
final payment under the Agreement, have access to and the right to examine any directly pertinent books,
documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor
agrees that City shall have access during normal working hours to all necessary Vendor facilities and
shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. City shall give Vendor reasonable advance notice of intended audits.
19. Prohibition on BoycottingEnergy nergy Companies. Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, §
2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000
or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more
full-time employees unless the contract contains a written verification from the company that it: (1) does
not boycott energy companies; and (2) will not boycott energy companies during the term of the contract.
The terms "boycott energy company" and "company" have the meaning ascribed to those terms by
Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Contractor's signature provides written verification to the City that
Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during
the term of this Agreement.
20. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as
added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public
funds of the City with a company with 10 or more full-time employees unless the contract contains a
written verification from the company that it: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1.
To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Contractor's signature provides written verification to the City that
Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
Exhibit B — CONFLICT OF INTEREST QUESTIONNAIRE
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who
contracts or seeks to contract for the sale or purchase of property, goods, or services with a local
governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ
("Questionnaire") the person's affiliation or business relationship that might cause a conflict of
interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort
Worth City Secretary no later than seven days after the date the person begins contract discussions
or negotiations with the Buyer, or submits an application or response to a request for proposals or
bids, correspondence, or another writing related to a potential agreement with the Buyer. Updated
Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also
available at httu://www.ethics.state.tx.us/forms/CIO.Ddf.
If you have any questions about compliance, please consult your own legal counsel. Compliance
is the individual responsibility of each person or agent of a person who is subject to the filing
requirement. An offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you
might have with the Buyer, state Seller name in the # 1, use N/A in each of the areas on the
form. However, a signature is required in the #4 box in all cases.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. M filth Leg_, Regular Session_
OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code,
bat Receved
by a vendorwhe has a business relationship as defined by Section 176.001(I -a) with a local
governmental entity and the vendor meets requirements under Section 176.Q06(a).
By law this q uesti an nairae must bet led with the rem rds admin istrator of the local governmental
entity not latet than the 7th business day after the date the vendor becomes aware of facts
that require the statement to be filed_ See 5eotion 176.006(a-t }, Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006. Local
Government Code.An offense under this section is a misdemeanor.
t Dame of vandal who has a business relationship with local governmental entity.
World Wide Technology, LLC
2 Check this box ityou are filing an update to a previously filed questionnaire.
N/A
(The law requires that you file an updated completed questionnaire with the appropriate tiling authority not
later than the 7tfi business day after the date on which you became aware that the originally filed questionnaire was
incomplete or inaccurate.)
3
Name of Iocal government officer about wham the information in this section Is being disclosed.
N/A
Name of Officar
This section (item 3 including subparts A, B, G, & ❑) must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 176.001 t1-a), Local Government Code. Attach additional
pages W this Form CIO as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the vendor? N/A
Yes F-1 Pro
B. is the vendor receiving or iikaly to receive taxable income, other than investment income, from or at the direction of the local
government officer named in this section AND the taxable income is not received from the cocal governmental entity?
N/A
F7 Yes F-1 hio
G. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership interest of one percent OF more?
N/A
Yes F—] No
D. ❑escrfbe each employment or business and family relationship with the local government officer named in this section.
?U�
2/16/2023
Signature of vendor doing business vnlh the governmental entity Date
Adopted 1317?2075
EXHIBIT C
OMNIA Partners R210407
World WldeTechno,"y
Region 4 Education Service Center
Tech nology Solutions, Products and Services
Solicitation idumber21-04
January 19, 2021
AEaNDIX A
r CONTRACT
This Gorrlract ("Cantrar!`} is Made as of April270 2021 by andhelwe+en World Wide TechnoloW
('Contractor 1 and Pegrdn 4 Education Samoa Center
("Reg+or, 4 ESo forttre purchase of Tc c.hnoiog_y Solutrcm Products and Senroes f the Pradutts
and sermons').
RFCITAI 5
WHEREAS. Region 4 ESC issued Request for Proposal ('RFP') Number 21-04, to which
Contractor provided a response ('Proposal"), and
WHEREAS, Region 4 ESC selected Contractor's Proposal and wishes to engage Contractor in
providing the services:'matedais described in ffte RFP and Proposal:
WHEREAS. troth parties agree and understand the following pages will constftute the Contract
between the Contractor and Region 4 ESC, having its principal place of business at 7146 blest
Tidwell Road. Houston. TX 77492.
WHEREAS, Contractor included, in writinq, any required exceptlons or deviations from these
terms. conditions. and specifications; and it is further understood that, ii agreed to by region 4
ESC, said excepVons or deviations are incorporated into the Contract.
WHEREAS, this Contract consists of the provisions set forth below. indudinq provisions of ail
attachments referenced herein. In the event of a conflict between the provisions set forth below
and those contained In any attachment. the provisions set forth below shall con€rol.
WHEREAS. the Contract will provide that any state and local governmental entities. public and
private primary, secondary and higher education entities, non-profit entities. and agencies for the
public benefit ("Public Agencies" i may purchase products and services at prices indicated in the
Contract upon the Pubtic Agency's registration with OMNIA Partners.
11 Term of agreement. The term of the Contract is for a period of three 0) vears unless
terminated. canciAed or extended as otherwise provided herein. Region 4 ESC shall have the
dght to renew the Contract for two (2) additional one-year periods or portions thereof. Region
4 ESC shall review the Contract prior to the renewal dale and notify the Contractor of Region
4 ESC's intent renew the Contract Contractor may elect not to renew by providing three
hundred sixty-five days' f365) notice to Region 4 ESC. Idotvmhstanding the expiration of the
initial term or any subsequent term or all renewal options, Region 4 ESC and Contractos may
mutually agree to extend the term of this Agreement. Contractor acknowledges and
understands Region 4 ESC is under no obligation whatsoever to extend the term of this
Agreement.
2) Scone. Contractor shall perform all dudes. (Qnsibili6K and obligations, set forth in this
agreement, and described in the RFP, incorporated herein by reference as though fully set
forth herein.
3) Form of Contract The fomt of Contract shalt be the RFP. the O feror's proposal and Best and
Final Offer(s).
"g1PArr f
f
Appendix A —Draft Contract Page 19
W�
Mwid WldeTechnology
Regfon 4 Education Servico Center
Tech nology Solutions, Products and Services
Solicitation Number2l-04
January 19, 2021
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted
by Region 4 ESC, the following order of precedence shall prevail.
i. This Contract
J Offeroi's Best and Final Offer
IAE. Offeror s proposal
Iv RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or
provide any material or service under this Contract until Contractor receives a purchase order
for such work or Is otherwise directed to do so In writ€nq by Region 4 ESC.
61 Entire Agreement iRwol evidence} The Contract, as specified above. represents the final
written expression of agreement All agreements are contained herein and no other
agreements or representations that materially after it are acceptable.
7! Assi gnmenl pi Contract Na assignment of Contract may he made w€fhout the prior written
approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material
change in operations is made (Le bankruptcy, change of ownership, merger etc j.
8) Novation. If Contractor sells or transfers all assets or The entire portion of the assets used to
perform this Contract a successor in interest must guarantee to perform ail Wig abons under
this Contract. Region 4 ESC reserves the right to accept or reject anv new party. A change of
name agreement will not change the contractual obligations of Contractor
9) Contract Alterations. No alterations to the terms of this Contract shall be valid or bindnq unless
authorized and signed by Region 4 ESC
10) Adding Authorized DistributorslOealers. Contractor is probibited from authorizinq addidanal
distributors or dealers. other than those identified at the time of submitting their proposal, to
sell under the Contract without not€llcation and prior written approval from Region 4 ESC.
Contractor must notify Region 4 ESC each time it vrishes to add an authorized distributor or
dealer Purchase orders and payment can only be made to the Contractor unless otherwise
approved by Region 4 ESC. Pricing provided to members by added distributors or dealers
must also be less than or equal to the Contractors pricing.
11)TERMINATION OF CONTRACT
a) Cancellation for Non -Performance or Carafactot Deficiency Region 4 ESC may terminate
the Contract if purchase volume is determined to be low volume in any 12-month period.
Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to
failure by Contractor to carry out any obfigation. form or condition of the contract Region
4 ESC may issue a written deficiency notice to Contractor for actinq a failing to act in any
of the following
i. Providing material that does not meet the specifications of the Contract
ii Providing work or material was not awarded under the Contrail:
iii. Fait n to adequately perform the services set forth m the scope of work and
specs cations;
Iv. Failing to complele required work or furnish required materials within a reasonable
amount of time.
CONTRACT
2
Appendix A - Draft Contract Page 110
W�
World WideTachnology
Regfon 4 Education Service Center
Tech nology Solutions, Products and Services
Solicitation Number21-04
January 19, 2021
v Failinq to make progress in performance of the Contract or giving
Region 4 ESC reason to believe Contractor will pat or cannot
perform the requirements of the Contract: or
vi. Performinq work or providing services under the Contract prior to
receiving an authorized purchase order.
Upon receipt of a written deficiency notice Contractor shall have
!I rn Iv (U 301) days to provide a satisfactory response to Region 4 ESC
Failure to adequately address all issues of concern may result in
Contract cancellation Upon cancellation under this paragraph, all
goods, materials, work. documents. data and reports prepared by
Contractor under the Contract shall 1mmedialety become the property
of Region 4 ESC.
b) Termination for Cause. If, for any reason. Contractor ii,,I=f^ ialk fails
to fulfilI its o ligation in a timely manner or Contractor violates any of
the covenants. agreements, or stipulations of this Contract Region 4
ESC reserves the right to terminate the Contract immgdataly ut?n
thirty iNM dax5 written ncelii-.� and pursue all other applicable
remedies afforded by law_ Such termination shall be effective by
delivery of notice, to the Contractor, specifying the effective date of
termination In such event, all documents. data. studies, surveys.
diavAngs. maps, MgdipJ5 and reporls prepared by Contractor will
become the property of the Region 4 ESC. if such event does occur -
Co ntractoF will be entitled to receive just and equitable compensation
far the satisfactory work completed on such documents
c] DeliverylService Failures. Failure to deliver goods or services within
die time specified, at within a reasonable IVM.pRd;)Sj as inlet preted
by the purchasing agent or failure to make reptacements of
corrections of rejected articles/services when so requested shall
constitute grounds for the Contract to be terminated. In the event
Region 4 ESC must purchase in an open market, Contractor agrees
to reimburse Region 4 ESC, within a reasonable bme-pMod. for all
expenses incurred
d) F❑rjq Mq ure. If by reason of Forte Majeure, either party hereto shall
be rendered unable wholly or in part to carry out Its obligations under
this Agreement then such party shall give notice and full particulars
of Force Majeure in writinq to the other party within a reasonable time
after occurrence of the event or cause relied upon, and the obligation
of the party giving such notice, so far as tt is affected by such Force
Majeure, small be suspended during the continuance of the inability
then claimed. except as hereinafter provided, but for no longer period
and such party shall endeavor to remove or overoome such inability
with all reasonable dispatch.
Theterm Force Maieure as employed herein, shall mean acts of God,
strikes, lockouts, or other industrial disturbances, act of public enemy.
orders of any kind of government of the United States a the State of
Texas or any cavil or military authvrk insurrections; riots: r -icthl c-aYs
uarantine!, epidemics or pandemi , landslides; lighting;
earthquake; fires: hurricanes: storms; floods. washouts; droughfs;
arrests, restraint of government and people. clvll disturbances,
explosions, breakage or accidents to machinery, pipelines or canals.
or other causes not reasonably within the control of the party claiming
such inability. it is understood and agreed that the settlement of
-ONTRAC1
1
Appendix A - Draft Contract Page 111
World Wide Technology
Regfon 4 Education Service Center
Tech nology Solutions, Products and Services
Solicitation Number21-04
January 19, 2021
strikes and lockouts shall be entirely within the dilscfotion of the party
having the cRificulty, and that the above requirement that any Force
Maieure shall be remedied with all reasonable dispatch shall not
require the settlement of strikes and lockouts by acceding to the
demands of the opposing party or parties when such settlement is
unfavorable in the judgment of the party havinq the difficulty.
ej Standard Cancellation. Reqion 4 ESC may cancel this Contract in
whale or in part by providinq written notice. The cancellation will take
effect a&-nq business days after the other party receives ff+e notice of
cancellation_ After the 4404-sAlh business day 30 work will cease
folkrwirhq cempfetion of final purF►ase order.
12) Licenses Contractor shall maintain in current_slatus all federal, state and
local licenses, bands and permits required for the operation of the
business conducted by Contractor. ContfaetorshalI remain fully informed
of and in compliance with all ordinances and regulations pertaining to the
lawful provision of sepAoes under the Contract. Region 4 ESC reserves
the right to stop work andlor cancel the Contract if Contractor's licerv*s)
expire, lapse, are suspended or terminated.
13) Survival Clause. All applicable software license agreements, warranties
or service agreements that are entered into between Contractor and
Reqion 4 ESC under the temp and conditions of the Contract shall
survive the expiration or termination of the Contract. AN Purchase Orders
issued and awepted by Contractor shall survive expiration or termination
of the Corrtract-
14) Qelivery Unto mhinq product shall be shipped within l days of receipt of
Purchase Order. if delivery is not or cannot be made witHn this time
WA, the Contractor must receive authorization for the delayed
delivery. The order may be canceled if the estimated shipping time is not
acceptable All deliveries shall be freight prepaid, F. Q B. Destination and
shalt be included in all pricinq offered unless otherwise clearfv stated in
writing
15) tnsoection & Acceptance if defective or incorrect material is delivered,
Region 4 ESC may make the detenTmation to return the material to the
Contractor at no cost to Reqion 4 ESC- The Contractor agrees to pay all
shipping casts for the return shipment. Contractor shall be responsible
for arranginq the return of the defective or incorrect material
16) Payments- Payment shall be made after satisfactory performance. in
accordance with all provisions thereof. and upon receipt of a properly
completed invoice
1 T) Price Adjustments- Should it become necessary or proper durinq the term
of this Contract to make any change in design or any alterations that wilt
increase price, Reqion 4 ESC must be notMed immediately Price
increases must be approved by Reglon 4 ESC and no payment for
additional materials or services. beyond the amount stipulated in the
Contract shall be paid Mlhoul prior approval- All price increases must be
supported by manufacturer documentation, or a formal cost justification
.i.r ± i= -`.k
Appendix —Draft Contract Page 112
V'
World WbdeTachnology
Region 4 Education Service Center
Technology Solutions, Products and Services
Solicitation Number21-04
January I9, 2021
letter Contractor must honor previous prices for thirty (30) days after
approval and written notification from Region 4 ESC_ It is the Contractors
responsibility to keep all pricinq up to date and an file with Reqion 4 ESC-
All price changes must be provided to Region 4 ESC, using the same
format as was provided and accepted in the Contractor's proposal-
Ccniractor is a +eseller tar third --party Products and services anti seifs
pursuant to the manulactcrrer's tetmmu_ condt& and b4 way SA a pre-
negotiated _discount Giscourrt' 1 to the manufacturers suggested rretaiI
r sam porpuss-
taikor,isa;}rn•�'��.,a� �L ae}��j
ni 4*=r
"d 4% adgin a1 pric•* act io.ro-W aftm, !via 3�, �,��� r�ntrador shall
offer Region 4 ESC any published price-rQdudioaDisenunt during the
Contract term.
18) Audit Rights. Contractor shall, at its sole expense. maintain appropriate
due diligence of ail purchases made by Region 4 ESC and any entity that
utifizes this Contract- Region 4 ESC reserves the right to audit the
accounting for a period of three (3) years from the time such purchases
are made- This audit right shall survive termination of this Agreemerrt for
a period of one (1) year From the effective date of termination. Upon himY
s'A1 days tivriltizri rit tkt , Region 4 ESC shall have the authority to
conduct random annual audits of Contractors pricing at Region 4 ESG's
sole cost and expense_ NoWthstandinq the foregoing, N.tht;_pxeatbal
Region 4 ESC is made aware of any pricing being offered that is
materially inconsistent with the pricing under this agreement. Region 4
ESC shall have the ability to conduct an extensive audit of Contractors
pricing at Contractor's sole cost and expense. Region 4 ESC may conduct
the audil internally or may engage a third- party auditing firm. In the event
of an audit. the requested materials shall be provided in the format and
at the location designated by Region 4 ESC.
19] Disconfinued Products. If a product or model is discontinued by the
manufacturer- Contractor may substitule a new product or model if the
replacement product meets or exceeds the specifications and
performance of the discontinued model and if the discount is the same
or greater than the discontinued model.
20y New Products+Serv[ces- New products and/or services that meet the
scope of work may be added to the Contract. Pricing shall he equivalent
to the percentage discount for other products- Contractor may rev;ace or
add product lines if the line is replacing or supplementing products- is
equal or superior to the odgbnal products, is discounted simitadv or
greater than the original discount, and if the products meet the
requirements of the Contract. No products and/or services may be added
to avoid competltive procurement requirements. Reqion 4 ESC may
require additions to be submitted with documentation from Members
demonstrating an interest in, or a potential requirement for. the new
product or service. Region 4 ESC may reject any additions without cause
-
N" I.,A.
Appendix A — Draft Contract Page 113
��, Region 4 Education Service Center
Technology Solutions, Products and Servfees
World Wide Technology Solicitation Number21-04
January 19, 2021
21) Options- Optional equipment For products under Contract may he added
to the Contract at the time they become available under the following
condations� 1) the option is priced at a discount similar to other options:
2] the option is an enhancement to the unit that improves performance
or reliability,
22) Warranty Conditions. All supplies. equipment and services shall include
manufacturer's minimum standard warranty Contra ar wiT ll uass tlrough
to Region 4 ESC any warranty extended to r, nfractor by R-e
manufacturer- Contractor further warrants that the deliverables provided
by Contractor ❑iofessiorW services Mt be of the kind and nuality
designated in an apgftahie Statement of Work ('SOW') and that the
Contractor pLafe'onal services will be performed in a professional and
workmanlike manner EXCEPT AS SET FORTH HEREIN OR IN AN
APKICABLE SOW THE FOREGOING ARE THE SOLE AND
EXCLUSIVE WARRANTIES GIVEN BY CONTRACTOR AND ARE IN
LIEU OF ,AND EXCLUDE ALL OTHF-R EXPRESS OR IMPUF-D
VM At+ T1E Q9SQ Dl Tlpl S_ ARl lP�an� o� AW
QR OTHER1MSE.1NQVQ1,NG W11HOM1IMIRMI N WARRMBES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE_
AND NON -INFRINGEMENT CONTRACTOR DOES NOT WAR.PMT
WE RESULT Or ANY PROFESSIONAL SERVICE OR THAT THE
PROFESSIONAL SERVICE WILL MEET REGION 4 ESC'S
REQUIREMENTS OR THAT ANY DELIVERABLE BE ERROR-
C`�.�...1
23] Site Cleanup- Contractor shall clean up and remove all debris and rubbish
resulting from their work as required or directed- Upon completion of the
work, the premises shall be left in good repair and an orderly- neat, dean,
pats and unobstructed condition.
24) Site Preparafion. Contractor shall not beqln a project for which the site has
not been prepared, unless Contractor does the preparation work at no
cost, or until Region 4 ESC includes the cast of site preparation in a
purchase order Site preparation includes, but is not limited W: moving
furniture, installing wiring for networks or power, and similar pre -
installation requirements-
25) Registered Sex Offender Restrictions. For work to be performed at
schools. Contractor agrees no employee or employee of a subcontractor
who has been adjudicated to be a registered sex offender will perform
work at any time when students are or are reasonably expected to be
present- Contractor agrees a violation of this condition shall be
considered a material breach and may result in the cancellation of the
purchase order at Region 4 ESC's discretion- Contractor must iderflify
any addiffonal costs associated with compliance of dh€s term. if no costs
are specified, compliance with this term will be provided at no additional
charge-
CONTRAC i
G
Appendix A - Draft Contract Page 114
V,drr
World WideTachnology
Regfon 4 Education Service Center
Tech nol ogy Solutions, Products and Services
Solicitation Number2l.-04
January 19, 2021
26) Safety measures. Contractor shall take all reasonable precautions for the
safety of employees on the work -site and shall erect and property
maintain all necessary safeguards for protection of workers and the
public. Contractor shall post warning signs against all hazards created
by its operation and work in ptogress. Proper precautions shall be la ken
pursuant to state law and standard practices to protect workers gMpjal,
public and existing structures from injury of damage.
27i Smoking. Persons working under the Contract shall adhere to local
smoking policies. Smoking will only be permitted in posted areas or off
premises.
28) Stored materials. Upon prior written agreerment between the Contractor
and Region 4 ESC, payment may be made for materials not incorporated
in the work but delivered and suitably stored at the site of some other
location, for installationt a later date. An inventory of the stored
materials must be provided to Region 4 ESC prior to payment. Such
materials must he stored and protected in a secure location and be
insured for their full value by the Contractor against loss and damage.
Contractor agrees to provide proof of coverage and additionally insured
upon request_ Additionally, if stared offsite, the materials must also be
Beady identified as property of Region 4 ESC and be separated from
other materials. Region 4 ESC must be allowed reasonable opportunity
to inspect and take inventory of stored materials, on w offsfte, as
necessary. Until final acceptance by Region 4 ESC, it shall be the
Contractors responsibility to protect all materials and equipment.
Contractor warrants and guarantees that title for all work, materials and
equipment shall pass to Region 4 ESC upon final acceptance.
29) Fundina Out Clause. A Contract for the acquisition, including lease, of
real or personal property is a commitment of Region 4 ESC's current
revenue only. Region 4 ESC retains the right to terminate the Contract at
the expiration of each budget period during the term of the Contract and
is conditioned on a best effort attempt by Region 4 ESC to obtain
appropriate funds for payment of the contract.
30) Indemnity. Contractor shall protect, indemnify, and hold harmless both
Region 4 ESC and its administrators. employees and agents against all
claims. damages, losses and expenses arising out of or resulting from
any Ihied party Claims of death personal inJrV 01 prawny damag
re-suftiria from the zrlitrrsr�r�nss:,e+�lirrense r wiltfrrt mis�lnrr0iics of the
Contractor. Contractor employees or subcontractors in the preparation of
the solicitation and the later execution of the Contract. Any litigation
involving either Region 4 ESC. its administrators arW employees and
agents will be in Harris County, Texas. In no event shall t tiactoCsk
aowegate liability to Reupen 4 ESC undei thi-. Ayr-eesmnt or in any,
Statement of Work or Purchase Order issued hereunder exceed the tafal
amount paid by Reeyion 4 ESC to Contractor for II-Q products orserviee
giving rise to the claim St.l6,lECT TO THE FORE gOlNG LIMITATIONS,
IN NO EVENT SKALL i;fMER PARTY OE LIABLE TO ANY PERSOti
FOR WSJ_ QW5lNFSS OR LOST PROFITS OR AW INDIRECT_
C.�}I+iTI�•aC"T
i
Appendix A - Dreft Contract Page J 15
V'dr+
World WideTachnology
Region 4 Education Services Cznter
Technology Solutions, Products and Services
Solicitation Number21-04
JanuaryI9, 2Q21
INCIDENTAL, SPEGAN- PUNITIVE ORCONSEQUENTIAL DAMAGES,
HOWEVER ARISiNG. EVE14 (F SUCH PARTY HAS i3Ei~ bt ADVISED OF
THE PO.^SIf3iLi'iY OF SOCH DAMAGES
31) Marketino. Contractor agrees to allow Region 4 ESC to use their name
and logo within website. marketing materials and advertisement Any use
of Region 4 ESC name and logo or any form of publicity, indusiveof press
feleases. regarding this Contract by Contractor must have prior approval
from Region 4 ESC
32}Certificates of Insurance Certificates of insurance shall be delivered to
the Region 4 ESC prior to commencement of work. The Contractor shall
give Region 4 ESC a minimum of len
{10) days' notice prior to any modifications or cancellation of poiicies. The
Contractor shall require all subcontractors performing any work to maintain
coverage as specified.
33) Legal Obligations. It is Contractof's responsibility to he aware of and
comply with all local, state, and federal laws governing the sale of
pfoductslservices and shall comply with all laws while fulfilling she
Contract. Applicable laws and regulation must be followed even it not
specifically identtfied herein.
MV PAC i
ti
Appendix A - Draft Contract Page 116
�~
World Wide Technology
Offer and Contract Signature Form (Appendix A)
Region 4 Education Service Center
Technology Solutions, Products and Services
Solicitation Number21-04
lonunry 19, 202I
OFFER AND CONTRACT SIGNATURE FORM
The undersigned hereby offers and, if awarded, agrees to furnish goods andlor services in strict
compliance with the terms, specifications and conditions at the prices proposed within response
unless noted ITS Writing.
Ca army Name
World Wide Technob qy
Address
'I World Wide Way
City +P
St_ Louis MO 63146
Telephone No.
314-374-0601
Email Address gn.brush2r Amlxom
Printed Name GregoGregofy Brush
Tide Vi resident
Authorized signature
Accepted by Region 4 ESC:
Contract No. R210407
Initial Contract Term Jurie 1, 2021 to May 31, 2024
4/27/2021
Region 4 ESC Authorized Board Member Date
Margaret S. Bass
Print Name
Region 4 E5C Authorized Board Member Date
Linda '1'innermait
Print Narne
Appendix A — 0raft Contract Page 117
EXHIBIT D
OMNIA R210407
PRICE LIST
Region 4 Education Service Center
Technology Solutions, Products and Services
Solicitation Number21-04
World WideTechnolo9Y
January 29, 2021
2.0 Products/Pricing
A. Product Price List
J. Offerors shall provide pricing based on a discount from a manufacturer's price list or catalog, or
fixed price, or a combination of both with indefinite quantities. Prices listed will be used to
establish the extent- of a manufacturer's product lines, services, warranties, etc. that are
available from Offeror and the pricing per item_ Multiple percentage discounts are acceptable
if, where different percentage discounts apply, they different percentages are specified.
Additional pricing and/or discounts may be included. Products and services proposed are to be
priced separately with all ineligible items identified. Offerors may elect to limit their proposals
to any category or categories.
WWT is offering a variety of Manufacturers which fall into the 6 Categories posed in the RFP, 1. Computer
Systems, 2. Monitors, 3. Network Equipment, 4, Services, 5. Peripherals, 6. Software and Licensing. We
have displayed the pricing by OEM and product category in the below listed chart. Additionally, as a Value -
Add WWT is offering all other OEM's available at a 2% Discount off List.
WWT will be offering the following product and services pricing, which is a fixed discount percentage off
Manufacturers List prices (MSRP).
Palo Alto Networks
Hardware
Discount off List
20%
Subscriptions
IS%
Support
10%
Red Lock, Twistlock & ❑ernisto
5%
Labor / Professional Services
Cisco
Hardware and Software (on premise)
❑%
Dbcount off List
35%
Cloud Services
10%
SQrvire Packages (i e_, Mainip nanrn, etc_}
10%
Training
0%
Non -SOW Cisco Services (i.e. Advanced, etc.)
Hardware
0%
16.50%
Services/Subscriptions
16.501A
2.0 Products/Pricing Pape 125
World WideTachnolegy
Regfon 4 Education Services Center
Tech nology Solutions, Products and Servfces
Solicitation Number21-04
January 19, 2021
Pure Storage
Di5count aff List
Hardware
41%
Services/Subscriptfans
13%
Planar
LED Video Wall
Discount off Ust
10%
LCD Video Wall
101/a
Large Format
10%
TransparentOLE❑
10%
Desktop & Touch
5%n
Rear Prciectian Wall Video
10%
Media Player
10%
Software Players
o
10%
%
Subscription Software
15%
Services
0%
Stress Test Services
kiiii
5%
ff
Subscription 1 yr
IT-MUT =,. i a
10%
Subscription 3 yr
121Y.
Subscription 5 yr
14%
7P,-ct
a
5%
es
Additional OEM's
5%
Discountoff List
All other OEM's available from WWT
2%
2.0 Products/Pricing Page 126
Wr
Works Wide Technology
Regfon 4 Education Service Center
Tech nology Sofurions, Products and Services
Solicitation Number21-04
January 19, 2021
Additionally, WWT is offering the following categories for Professional and Integration Services. WWT
reserves the right to review and evaluate labor and integration rates on an annual basis for price
adjustments.
WWr NAIC Rates for Staging, Ca nfigurat io n, I magi ng, Asset tagging and Test ing
Service
Per Device Cast
NAIC Integratfon Base. charge Far Laptop, PC, Tablets (Up to first 20 devices)
$127.45
NAIC Integration Acid -On charge for Laptop, PC, Tablets (additional devices when purchased
$43.55
with the first 20)
NAIC Integration Base charge forSmart devices (Access Point, IP Phone, Smartphone, Printer,
$110.30
1OT) (Up to first 20 devices)
NAIC Integration Add -on charge for Smart Devices (Access Point IP Phone, Smartphone,
$2545
Printer, IOT) (additional devices when purchased with the first 20)
NAIC Integration Base charge for UPS, Router, Switch, Server, Appliance, Storage Up to 9RU
$366.40
per Device (Up to first 10 devices)
NAIC Integration Add -on charge for UPS, Router, Switch, 5erver, Appliance, Storage Up to 9 R U
$198 80
per Device (additional devices when purchased with the first 10)
NAIC Integration Base charge for UPS, Router, Switch, Server, Appliance, Storage 10RU+ per
S627 00
Device (Up to first S devices)
NAIC Integrat€on Add -on charge for UPS, Router, Switch, Server, Appliance, Storage IORU+ per
$292 6fl
Device (additional devices when purchased with the first 5)
Please note that the Professional Services hourly rates provided below are haled on not to exceed and
additional discounts maybe available based an duration and other factors.
cat¢gary
Role Hourly Rate
Architect
Solution Architect - All Technologies
$264.00
Network
Network Engineer
$197.00
Network Engineer a 6 months FTE
$149.00
Sr. Network Engineer
$264.00
Sr. Network Engineer > 6 months FT
$199.00
2.0 Products/Prfcfrig Page J 27
1�
Wand Wide Technology
Regfon 4 Education Service Center
Tech nology Solutions, Products and Services
Solicitation Number27.-04
January 19, 2021
4�yepyr.
Hourly Rate
Cloud
Cloud Engineer
$19S.00
Cloud Platform Architect
$234.00
Claud Application Architect
$217.00
Data Cantor
Data Center Engineer
$197.00
Data Center Engineer 7 6 months FTE
$149 00
Sr_ Data Center Engineer
$257.00
Sr. Data Center Engineer> 6 months FTE
$1134.00
EUC
End User Computing Engineer
$166.00
End User Computing Engineer > 6 months FTE
$142.00
Sr_ End User Computing Engineer
$201.00
Sr. End User Computing Engineer > 6 months FTE
$173.00
security
Security Engineer
$204.00
Security Engineer 7 6 months FTE
$157.00
Sr_ Securlry Engineer
$268.00
Sr. Securlry Engineer 7 6 months FTE
$202,00
Security Consultant
$265.00
PrInrlpaI Security Consultant
$339.00
W iraless
Wireless Engineer
$204.00
Wireless Engineer } 6 months FTE
$154.00
sr. Wireless Engineer
$236.00
Sr. Wireless Engineer> 6 months FTE
5178.00
Voice
Uniffed Communications Engineer
$204.00
2,0 Produars/Pri np Page J 28
1�
Watld Wide Technology
Regfon 4 Education Service Center
Tech nology Solutions, Products and Services
Solicitation Number2l-04
January 19, 2021
categoR
Role
Hauriy Rate
Unifled Communications Engfnee r>6 months FTE
S154.00
Sr. Unified Communications Engineer
$261.00
Sr. Unified Communicatrons Engineer > 6 months FTE
$197.00
Sr. Contact Center Engineer
$300.00
Sr_ Contact Center Engineer a 6 months FTE
$226.00
PMO
Program Manager
$273.00
Program Manager n 6 months FTE
$210.00
Project Manager
$229.00
Project Manage.r> 6 months FTE
5176,00
Project Coordinator
�111.00
Project Coordinator x 6 months FTE
$86A0
Technology & Business
Advisory
Technology Advisory Services - Enterprise Architect
$307,00
Technology Advisory Services - Consul to nt
$211.00
Technology Advisory Services - Lead Consultant
5299.00
Technology Advisory Services - PrrncfpaI Consultant
$31G.00
Buslness Anaytics Advisor -Consultant
$19d.40
Business AnaIytics Adv[sot - Data 5cientfst
S160.00
Buslness AnaIytres Advisor - Sr Consultant
$278.00
Chief Technology Advisor
$350.00
Digital Strategy
Digital Strategy - Digital Cllent Director
$270.00
Di&aIStrategy-Strategist
$294.00
Digital Strategy - Technologist
$213.00
2.0 ProducrsJPrfcrng Page J 29
1�
Wand Wide Technology
Regfon 4 Education Service Center
Tech nology Solutions, Products and Services
Solicitation Number2l-04
January 19, 2021
CRnpyE
Role
Hourly Rate
Digital Strategy - UX Creative Consultant
5119.00
Digital Strategy -UX Creative Directory
$203.00
Training & Adoption
Services
Trainer
$117.00
Sr. Trainer
$237.00
Layer 1
Layer 1 Technician
$135.00
Application
Development
Agile Business Analyst
$170.00
Agile Coach
$306.00
Agile Delivery Manager
$327.00
Agile Delivery Lead
$254.00
Agile Delivery Staff
$38.00
Agile Software Engineer
$207-00
Agile 11K%Qnsultant
$154.00
Agile UX Frontend Engineer
$167.00
Agile UX Mentor
$229.00
Agile C�A Analyst
$142.00
Agfle QA Engineer
$160.00
Agile Prraduct Owner
$255.00
2Z Product fPrfcfng Page) 30
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/14/23 M&C FILE NUMBER: M&C 23-0061
LOG NAME: 041NFRASTRUCTURE MULTI -COOP
SUBJECT
(ALL) Authorize Non -Exclusive Purchase Agreements for Information Technology Infrastructure, with Netsync Network Solutions, Inc., Presidio
Networked Solutions Group, LLC, ePlus Technology, Inc., and World Wide Technology LLC using Multiple State of Texas Department of Information
Resources, OMNIA Partners and The Interlocal Purchasing System Cooperative Contracts With a Combined Annual Amount Up to
$11,200,000.00, and Four One -Year Renewal Options with State of Texas Department of Information Resources and OMNIA Partners in the
Amount of $10,000,000.00 for the First Renewal and $6,200,000.00 for the Remainder Renewals for the Information Technology
Solutions Department
RECOMMENDATION:
It is recommended that City Council to authorize non-exclusive purchase agreements for Information Technology Infrastructure with Netsync
Network Solutions, Inc., Presidio Networked Solutions Group, LLC, ePlus Technology, Inc. and World Wide Technology LLC using Multiple State of
Texas Department of Information Resources, OMNIA Partners and The Interlocal Purchasing System Cooperative Contract with a combined annual
amount up to $11,200,000.00, and four one-year renewal options with Texas Department of Information Resources and OMNIA Partners in the
amount of $10,000,000.00 for the first renewal and $6,200,000.00 for the remainder renewals for the Information Technology Solutions
Department.
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, ePlus Technology, Inc and World Wide Technology LLC. 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:
Vendor
Co-op
Expiration
Date
F RFO
JPublished
Responses
Due
Presidio, Netsync
DIR-TSO-
�4167
7/3/2023
12/20/2017
2/5/2018
and WWT
Presidio, Netsync
R-TSO-
063
1/10/2024
9/12/2016
10/13/2016
and WWT
Presidio, Netsync
DIR-TSO-
12/17/2023
3/20/2018
5/4/2018
and WWT
14299
WWT and ePlus
DIR-TSO-
�4160
10/2/2024
1/12/2018
2/26/2018
Presidio and ePlus
R-TSO-
02/21/2025
88
2/26/2018
4/9/2018
DIR-CPO-
��4444
1/23/2025
3/15/2019
4/25/2019
Netsync and ePlus
��200105
TIPS
5/31/2023
1/9/2020
2/21/2020
AOMNIA
5/31 /2026
12/1 /2020
1 /19/2021
R210407
On September 28, 2021, City Council approved Mayor & Council communication (M&C) 21-0753 authorizing similar agreements for information
technology infrastructure purchases. Due to several larger projects, Infrastructure refresh, Future City Hall, planned American Rescue Plan
Act spend, and ongoing City growth, additional spending authority is being requested. To avoid any confusion, approval of this M&C will eliminate
prior spending authority and contracts authorized under Mayor and Council Communication P-12248, 19-0123, 19-0270, 20-0650 and 21-0753.
Approval of this M&C will allow a total of $11,200,000.00 in expenditures for the initial year, $10,000,000.00 for the first renewal
and $6,200,000.00 for the remainder renewals for projects such as safety and security, new building projects, building upgrades, building
renovations and building expansion projects. These agreements and spending authority will be made available to Radio Services, Desktop,
Hardware and Security divisions to purchase hardware and software for City departments as requested.
On May 24, 2022 Mayor and Council Communication (M&C) 22-0366 and 22-0367 were approved to allocate American Rescue Plan Act (ARPA)
Subtitle M (Coronavirus State and Local Fiscal Recovery Funds) to the Information Technology Solutions (ITS) Department providing up to
$3,675,000.00 and $3,595,000.00 in support of infrastructure, data protection initiatives, information security and cyber security. The Information
Technology Solutions Department (ITS) will use these agreements to purchase equipment and services to support the City's information technology
infrastructure based on initiatives identified in (M&C) 22-0366 and 22-0367.
ITS Department will ensure that each vendor is given equal opportunity to earn a minimum of 10% of the business. No specific contract amount is
guaranteed.
PRICE ANALYSIS - The Texas Department of Information Resources Contracts (DIR), OMNIA Partners (OMNIA) and The Interlocal Purchasing
System Cooperative Contracts offer 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, OMNIA and TIPS Contracts are
competitively bid to increase and simplify the purchasing power of government entities.
M/WBE - An MBE/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 up to the amount allowed
by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been
appropriated.
SUCCESSOR LANGUAGE: The City will initially use these contracts to make purchases authorized by this M&C. The Cooperative Contracts are
set to expire on various dates. If the contracts are extended, this M&C authorizes the City to purchase similar equipment and supplies under the
extended contract. If the contracts are not extended, but DIR, OMNIA and/or TIPS executes new cooperative contracts with substantially similar
terms, this M&C authorizes the City to purchase the same equipment and supplies under the new contracts. If this occurs, in no event will the City
continue to purchase goods and services under the new agreements past 2027 without seeking Council approval.
AGREEMENT TERM: Upon City Council's approval, these agreements will be executed and continue for a term of 12 months in accordance with
approval date of this request. The agreements will renew on an annual basis thereafter. The renewals do not require specific City Council approval
as long as sufficient funds have been appropriated.
RENEWAL TERMS - The Texas Department of Information Resources Contracts (DIR) Agreement may be renewed annually for four (4) one-year
terms for the same annual amount. The Interlocal Purchasing System Cooperative Contracts may be renewed for one-year for the same annual
amount. The OMNIA Partners may be renewed for three (3) one-year terms the the same annual amount. The renewals do not require specific City
Council approval as long as sufficient funds have been appropriated.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital and operating budgets, as previously appropriated, in the ITS
Capital Projects Funds for the Technology Infrastructure -IT and the General Fund to support the approval of the above recommendation and
exection of the purchase agreements. Prior to any expenditure being incurred, the Information Technology Services Department has the
responsibility to validate the availability of funds.
Submitted for City Manager's Office by. Valerie Washington 6192
Originating Business Unit Head: Kevin Gunn 2015
Additional Information Contact: Kevin Gunn 2015