HomeMy WebLinkAboutContract 55182 CSC No.55182
FORT NORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE
This Cooperative Purchase ("Coop Purchase") reflects the agreement between the City of
Fort Worth, ("City"), a Texas home rule municipal corporation and DLT Solutions, LLC. a
Virginia based LLC.("Vendor") to purchase BIM360 software licenses and support under a
cooperative agreement.
The Coop Purchase includes the following documents (collectively, Cooperative
Documents")which shall be construed in the order of precedence in which they are listed:
1. Schedule A—Fort Worth Terms and Conditions ("Fort Worth Agreement");
2. Schedule B—DIR-TSO-4236 ("Cooperative Contract"); and
3. Schedule C—Price Quotation 4883485 ("Quote")
All the Schedules which are attached hereto and incorporated herein are made a part of this
Coop Purchase for all purposes. In the event of a conflict between the Schedules the Fort Worth
Agreement shall control,but only to the extent allowable under the Cooperative Contract.
City shall pay Vendor an amount not to exceed One Hundred Eighty-Six Thousand, Five
Hundred Twenty-One Dollars and 45/100 ($186,521.45)in accordance with the provisions of this
Agreement and Schedule "C," Quote, which is attached hereto and incorporated herein for all
purposes. [For each Renewal Term, the City shall pay the amount on a quote provided by Vendor
which shall then be attached to the City's respective renewal form.] Vendor shall not perform any
additional services for City not specified by this Agreement unless City requests and approves in
writing the additional costs for such services. City shall not be liable for any additional expenses
of Vendor not specified by this Agreement unless City first approves such expenses in writing.
City agrees to pay all invoices of Vendor within thirty(30) days of receipt of such invoice.
The Coop Purchase shall become effective upon the signing of the Coop Purchase by an
Assistant City Manager of the City (the "Effective Date") and shall expire on January 26, 2022
(the Expiration Date"), unless terminated earlier in accordance with the provisions of the
Agreement or otherwise extended by the parties. The Coop Purchase may be renewed for four (4)
one-year renewals at City's option, each a "Renewal Term", with the final renewal term ending
October 31, 2025 in accordance with DIR-TSO-4236. City shall provide Vendor with written
notice of its intent to renew at least thirty(30) days prior to the end of each term.
The undersigned represents and warrants that he or she has the power and authority to
execute this Coop Purchase and the Cooperative Documents and bind the Vendor.
(signature page follows)
OFFICIAL RECORD
CITY SECRETARY
Cooperative Purchase
FT.WORTH, TX
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
I�G��2�%2 �jJgJ�jllAtpll administration of this contract, including
By. Valerie Washington(Jan 21,2 109:00 CST) ensuring all performance and reporting
Name: Valerie Washington requirements.
Title: Assistant City Manager
Date: Jan 21, 2021
By: Steven Vandever(Jan 20,202115:45 CST)
Approval Recommended: Name: Steven Vandever
Title: Sr. IT Solutions Manager
Approved as to Form and Legality:
By:
Name: Kevin Gunn
Title: Director, IT Solutions
ppg4'c�Rra By. J trong(Jan 20,202116: ST)
F°°°°°°°° a
Attest: �7°� °°to Name: ohn B. Strong
Title: Assistant City Attorney
Pv0 a=d
Contract Authorization:
VaatlnnEXASoOo
By: M&C: 21-0063
Name: Mary J. Kayser Approval Date: 1/12/2021
Title: City Secretary 1295 Form: 2020-692426
VENDOR:
DLT Solutions, LLC
By: � A ft
Name: Shaun Gaffrey
Title: Sr Sales Director
Date: Jan 20, 2021
OFFICIAL RECORD
CITY SECRETARY
Cooperative Purchase
FT.WORTH, TX
FORT WORTH,
1. Termination.
1.1. Convenience.Either the City or Vendor may terminate this Agreement at any time
and for any reason by providing the other party with 30 days written notice of termination.
1.2. Breach. If either party commits a material breach of this Agreement, the non-
breaching Party must give written notice to the breaching party that describes the breach in
reasonable detail. The breaching party must cure the breach ten(10)calendar days after receipt of
notice from the non-breaching party,or other time frame as agreed to by the parties.If the breaching
party fails to cure the breach within the stated period of time, the non-breaching party may, in its
sole discretion, and without prejudice to any other right under this Agreement, law, or equity,
immediately terminate this Agreement by giving written notice to the breaching party.
1.3. Fiscal Funding Out.In the event no funds or insufficient funds are appropriated by
the City in any fiscal period for any payments due hereunder,the City will notify Vendor of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever,except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
1.4. Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date,the City shall pay Vendor for services actually rendered up
to the effective date of termination and Vendor shall continue to provide the City with services
requested by the City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason,Vendor shall provide the City with copies of
all completed or partially completed documents prepared under this Agreement.In the event Vendor
has received access to City information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to the City in a machine readable format or other format
deemed acceptable to the City.
2. Disclosure of Conflicts and Confidential Information.
2.1. Disclosure of Conflicts.Vendor hereby warrants to the City that Vendor has made
full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to the City in writing.
2.2. Confidential Information. See DIR Contract
2.3. Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure.A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
Cooperative Purchase Page 3 of 11
jurisdiction.
2.4. Unauthorized Access. See DIR Contract
3. Right to Audit.
3.1. Vendor agrees that the City shall, until the expiration of three(3)years after final
payment under this Agreement, have access to and the right to examine at reasonable times any
directly pertinent books, documents, papers and records of the Vendor involving transactions
relating to this Agreement at no additional cost to the City.Vendor agrees that the City shall have
access during normal working hours to all necessary Vendor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the provisions
of this section. The City shall give Vendor not less than 10 days written notice of any intended
audits.
3.2. Vendor further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall,until expiration of three(3)
years after final payment of the subcontract,have access to and the right to examine at reasonable
times any directly pertinent books,documents,papers and records of such subcontractor involving
transactions related to the subcontract, and further that City shall have access during normal
working hours to all subcontractor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this paragraph.City shall give
subcontractor not less than 10 days written notice of any intended audits.
4. Independent Contractor. It is expressly understood and agreed that Vendor shall operate as
an independent contractor as to all rights and privileges granted herein, and not as agent,representative or
employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, contractors and
subcontractors.Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
the City, its officers,agents, servants and employees, and Vendor,its officers,agents,employees, servants,
contractors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between City and Vendor. It is further understood that the City shall in
no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants,
employees or subcontractors of Vendor. Neither Vendor, nor any officers, agents, servants, employees or
subcontractors of Vendor shall be entitled to any employment benefits from the City. Vendor shall be
responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
officers, agents, servants, employees or subcontractors.
5. LIABILITY AND INDEMNIFICATION.- See DIR Contract
5.1. INTELLECTUAL PROPERTY INFRINGEMENT.-See DIR Contract
6. Assignment and Subcontracting.
6.1. Vendor shall not assign or subcontract any of its duties,obligations or rights under
this Agreement without the prior written consent of the City. If the City grants consent to an
assignment, the assignee shall execute a written agreement with the City and the Vendor under
which the assignee agrees to be bound by the duties and obligations of Vendor under this
Agreement.The Vendor and assignee shall be jointly liable for all obligations under this Agreement
Cooperative Purchase Page 4 of 11
prior to the assignment. If the City grants consent to a subcontract,the subcontractor shall execute
a written agreement with the Vendor referencing this Agreement under which the subcontractor
shall agree to be bound by the duties and obligations of the Vendor under this Agreement as such
duties and obligations may apply. The Vendor shall provide the City with a fully executed copy of
any such subcontract.
6.2. MBE Goal—Intentionally Deleted
7. Insurance.—See DIR Contract
8. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees to comply with
all applicable federal,state and local laws,ordinances,rules and regulations. If the City notifies Vendor of
any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and
correct the violation.
9. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subcontractors and successors in interest,as part of the consideration herein,agrees that in the performance
of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged
violation of this non-discrimination covenant by Vendor, its personal representatives, assigns,
subcontractors or successors in interest,Vendor agrees to assume such liability and to indemnify and defend
the City and hold the City harmless from such claim.
10. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
TO THE CITY: TO VENDOR:
City of Fort Worth DLT Solutions,LLC
Attn:Assistant City Manager Attn: Shaun Gaffrey
200 Texas Street 2411 Dulles Corner Park, Suite 800
Fort Worth TX 76102 Herndon,VA 20171
Facsimile: (817)392-6134 Facsimile: (703)708-9609
With Copy to the City Attorney
at same address
11. Solicitation of Employees. Neither the City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement,without the prior written consent of the person's employer.This provision
shall not apply to an employee who responds to a general solicitation or advertisement of employment by
either party.
12. Governmental Powers. It is understood and agreed that by execution of this Agreement,
the City does not waive or surrender any of its governmental powers.
13. No Waiver. The failure of the City or Vendor to insist upon the performance of any term
Cooperative Purchase Page 5 of 11
or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the
City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
14. Governing Law and Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of
this Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
15. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
16. Force Majeure. The City and Vendor shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control (force
majeure),including,but not limited to,compliance with any government law,ordinance or regulation,acts
of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority,transportation problems and/or any other similar causes.
17. Headings Not Controlling. Headings and titles used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
18. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed
this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
19. Amendments. No amendment of this Agreement shall be binding upon a party hereto
unless such amendment is set forth in a written instrument, and duly executed by an authorized
representative of each party.
20. Entirety of Agreement. This Agreement, including any exhibits attached hereto and any
documents incorporated herein by reference, contains the entire understanding and agreement between the
City and Vendor, their assigns and successors in interest, as to the matters contained herein.Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement.
21. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall,for all purposes,be deemed an original,but all such counterparts shall together constitute
one and the same instrument.An executed Agreement,modification,amendment,or separate signature page
shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and reflects
the signing of the document by any party. Duplicates are valid and binding even if an original paper
document bearing each party's original signature is not delivered.
22. Warranty of Services. Vendor warrants that its services will be of a professional quality
and conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's
option,Vendor shall either(a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or(b) refund the fees paid by the City to Vendor for the nonconforming
services.
Cooperative Purchase Page 6 of 11
23. Network Access.—Intentionally Deleted
24. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
25. Informal Dispute Resolution. Except in the event of termination pursuant to Section 4.2,if
either City or Vendor has a claim, dispute,or other matter in question for breach of duty,obligations,services
rendered or any warranty that arises under this Agreement,the parties shall first attempt to resolve the matter
through this dispute resolution process. The disputing party shall notify the other party in writing as soon as
practicable after discovering the claim, dispute,or breach. The notice shall state the nature of the dispute and
list the party's specific reasons for such dispute. Within ten(10)business days of receipt of the notice,both
parties shall commence the resolution process and make a good faith effort,either through email,mail,phone
conference,in person meetings,or other reasonable means to resolve any claim,dispute,breach or other matter
in question that may arise out of,or in connection with this Agreement. If the parties fail to resolve the dispute
within sixty(60)days of the date of receipt of the notice of the dispute,then the parties may submit the matter
to non-binding mediation in Tarrant County,Texas,upon written consent of authorized representatives of both
parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other
applicable rules governing mediation then in effect.The mediator shall be agreed to by the parties.Each party
shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in
the costs of the mediation. If the parties cannot resolve the dispute through mediation,then either party shall
have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the
fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute
resolution process,the parties agree to continue without delay all of their respective duties and obligations
under this Agreement not affected by the dispute. Either party may, before or during the exercise of the
informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary
restraining order or preliminary injunction where such relief is necessary to protect its interests.
26. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less
than$100,000,this section does not apply.Vendor acknowledges that in accordance with Chapter 2270 of
the Texas Government Code, City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this Addendum, Vendor certifies that Vendor's signature provides written verification to
City that Vendor: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the
Agreement.
27. Reporting Requirements.
27.1. For purposes of this section,the words below shall have the following meaning:
27.1.1. Child shall mean a person under the age of 18 years of age.
Cooperative Purchase Page 7 of 11
27.1.2. Child pornography means an image of a child engaging in sexual conduct
or sexual performance as defined by Section 43.25 of the Texas Penal Code.
27.1.3. Computer means an electronic, magnetic, optical, electrochemical, or
other high-speed data processing device that performs logical, arithmetic, or memory
functions by the manipulations of electronic or magnetic impulses and includes all input,
output,processing,storage,or communication facilities that are connected or related to the
device.
27.1.4. Computer technician means an individual who,in the course and scope of
employment or business, installs,repairs, or otherwise services a computer for a fee. This
shall include installation of software,hardware, and maintenance services.
27.2. Reporting Requirement.If Vendor meets the definition of Computer Technician as
defined herein, and while providing services pursuant to this Agreement, views an image on a
computer that is or appears to be child pornography,Vendor shall immediately report the discovery
of the image to the City and to a local or state law enforcement agency or the Cyber Tip Line at the
National Center for Missing and Exploited Children.The report must include the name and address
of the owner or person claiming a right to possession of the computer, if known, and as permitted
by law. Failure by Vendor to make the report required herein may result in criminal and/or civil
penalties.
28. Survival of Provisions. The parties'duties and obligations pursuant to sections related to
Duties and Obligations,Disclosure of Conflicts and Confidential Information,Right to Audit,and Liability
and Indemnification shall survive termination of this Agreement.
Cooperative Purchase Page 8 of 11
Schedule B
Cooperative Contract
Texas Department of Information Resources DIR—TSO—4236
https:Hdir.texas.govNiew-Search/Contracts-Detail.aspx?contractnumber=DIR-TSO-
4236&keyword=DLT
Home / All Carntracts &Services 1 Contract Detail
DLT Solutions, LLD
Vendor ID 1541599982000 DIR Contract Number DIR-TSO-4235
URL Vendor Webs ite Contract Term End 1 011 21202 1
14UB Type Non HUB Date
Contract Exp Date 1011812025
Contact DLT Solutions, LLC Contact DIR
Contact Michael Bekarnpis Contact Mario Gutierrez
Phone (412) 605-7247 Phone (512)463-8989
Fax (966)419-7926 Fax (512)475-4759
Contract Overview
DLT Solutions, LLC offers a variety of software brands under this contract: AppDynarnics,Arc hibus,
AutoDesk, Blackboard, CloudBees, CrowdStrike, Demistro, ElearningForce, Flexera, Informatic,
McAfee, Nuix, One Identity, Palo Alto, Pluralsight, Polyverse, Quest, Red Hat,Software AG,
SolarWinds, Sumo Logic,Titus,Tripwire and Veritas. DLT also provide related and technical services to
support the software brands provided.Some of the services are installation,configuration,
maintenance and support, project management, system engineering and Technical support services.
DLT Contracts may he used by state and Local government, public education, other public entities in
Texas, as well as public entities outside the state. This Contract has no resellers,
Cooperative Purchase Page 9 of 11
Schedule C
Quote
Quote:4883485
OLT
Reference:1552404
Price Quotation Date:11/09/2020
A TECH DATA COMPANY Expires:12/09/2020
To: Anabelle Pannell From: Andrew Daugherty
Ft Worth City of(TX) DLT Solutions,LLC
1000 Th roc kmorton St 2411 Dulles Corner Park
Suite 256 Suite 800
Fort Worth,TX 76102 Herndon,VA 20171
Phone: (817)392-8461 Phone: (703]708-9609
Fax: Fax. (703)706-9609
Email: Anabelle.Pannell@FortWorthTexas.gov Email: andrew.daugherty@dltcom
9 DLT Part No. Contract_ oty Unit Price Ext.Price
1 9701-1006787 S-TX-MVEND-DIR-SW 1 $162,000.00 $162,000.00
BIM 360 Build-Packs-1000 Subscription CLOUD Commercial New Annual Subscription
PoR 1/28/2021 through 1127C2022
2 9701.2372 OM 1 �000.00 $6,000.00
TradeTapp[up to 800 Qualification Points]
PoP:1 2812021 through 1/27/2022
3 9701-2373 ❑M 50 $340.00 $17,0DD.DD
BC Pro(Company Wide Pricing:50 User Bucket)
PoR 1/28=1 through 1127Q022
4 9701-1OD4929 S-TX-MVEND-DIR-SW 1 $1,521.45 $1.521.45
AutcCA❑-including specialized toolsets Government Single-user Annual Subscription Renewal
110002955129
PoR 1/28/2021 through 1/27/2022
Total $186,521.45
DLT CONFIDENTIAL Page 1 of z
Cooperative Purchase Page 10 of 11
Quote: 4003405
Reference: 1552404
�OLT Price Quotation Date 11/0912020
A TECH DATA COMPANY Expires: 12/0912020
Contract A DIR-TSO-4236
DUNS#:78-6468199
Federal ID:54-1599882
CAGE Code:0SOH9
FOB: Destination
Contract Term:10/1312019-10/18/2021
Ship Via: Fed ex Gnound/UPS
Payment Terms: Net 30 days
THIS QUOTE IS SUEUECTTO THE TERMSAND CONDITIONS OF CONTRACT NUMBER DIP-TSO-4236.
CUSTOMER IS DIRECTED TO INCORPORATE(BY REFERENCE)THIS QUOTE IN ANY RESULTING
TASWDELIVERY ORDER OR AWARD.THE TERMS OF THE AFOREMENTIONED CONTRACT ARE THE
ONLY CONTROLLING TERMS AND ANY TERMS OR CONDITIONS CONTAINED IN AN ORDER,AWARD OR
OTHER INSTRUMENT OF BUYER,WHICH ARE IN ADDITION TO OR INCONSISTENT WITH ANY OFTHE
TERMS OR CONDITIONS CONTAINED IN THOSE REFERENCED HEREIN,SHALL NOT BE BINDING ON DLT
OR ITS MANUFACTURERS AND SHALL NOT APPLY UNLESS SPECIFICALLY AGREED TO IN WRITING BY
DLT.
CPARs requests should he sent to the attention of AJ Ezersky at cparsa@dR.com.
PLEASE REMIT ACH:DLT Solutions,LLC -OR- Mail:DLT Sdutions,LLC
PAYMEIVTTD: Bank of Amenca P.O.Box743359
PHA#1 11003012 Aflanta,GA 30374-3359
Pcd#4451063799
Customer orders subject to applicable sales tax.
Documentation to be submitted to validate Invoice for paymerd:
a. Authorized Services shall be invoiced with a corresponding time report for the period of performance identifying names,
days,and hoursworked.
b. Authorized reimbursable expenses shall be invoiced with a detailed expense report, documented by copies of supporting
receipts.
c. Authorized Education or Training shall be invoiced with a Report identifying date and name of class completed,and Mere
applicable the name of attendees.
DLT CONFIDENTIAL Page 2 of 2
Cooperative Purchase Page 11 of 11
1/21/2021 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTII
DATE: 1/12/2021 REFERENCE **M&C 21- LOG NAME: 13P AUTODESK BIM360
NO.: 0063 SOFTWARE ITS ADK
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL)Authorize Purchase Agreement with DLT Solutions, LLC, Using Cooperative
Contract DIR-TSO-4236 in an Annual Amount Up to $186,521.45 and Ratify Expenditures
in the Amount of$45,000.00 for AutoDesk BIM 360 Project Management Software for the
Information Technology Solutions Department on Behalf of the Transportation and Public
Works Department
RECOMMENDATION:
It is recommended that the City Council authorize a purchase agreement with DLT Solutions, LLC,
using cooperative contract DIR-TSO-4236 in an annual amount up to $186,521.45 for AutoDesk BIM
360 project management software and ratify expenditures in the amount of$45,000.00 for the
Information Technology Solutions Department on behalf of the Transportation and Public Works
Department.
DISCUSSION:
On October 10, 2017 City Council approved Mayor and Council Communication (M&C) P-12109,
authorizing a purchasing agreement with DLT Solutions, LLC for the purchase of BIM 360 software
licenses and related services. This M&C seeks to replace M&C P-12109 for the continuation of
services.
Multiple City departments use the existing subscription of Autodesk BIM 360 which provides a single
source from which engineers can upload design plans and documentation. Staff is able to share
information, edit documents and approve specifications electronically. Additional processes in BIM
360 include electronic change order submittal and approvals, electronic field order allowance
approvals and contractor estimate approvals towards invoicing which support time savings to project
lifecycles.
The City initiated this renewal process in July of 2020. Due to unexpected cost increases, price
negotiations with the vendor caused a delay in receiving an acceptable quote on time.As a result, the
quote was finalized November 19, 2020. To ensure services were not interrupted, DLT Solutions
agreed to extend the Agreement to January 26, 2021 for$45,000.00. Payment for the three (3) month
subscription totaling $45,000.00 was processed via non-purchase order voucher. It is requested that
this one-time expenditure be ratified.
Staff recommends awarding a one year agreement with four one year renewal options to DLT
Solutions, LLC using a cooperative contract DIR-TSO-4236 in an annual amount up to $186,521.45 for
AutoDesk BIM 360 project management software.
PRICE ANALYSIS—The Texas Department of Information Resources DIR-TSO-4236 cooperative
offers competitive pricing at a set discounted rate. Staff have reviewed the pricing and have
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 the item. The DIR-TSO-4236 contract was competitively bid to
increase and simplify the purchasing power of government entities across the State of Texas.
M/WBE -An MBE/SBE goal is not assigned when purchasing from an approved purchasing
cooperative or public entity.
SUCCESSOR CONTRACTS In the event that a cooperative agreement is not renewed, staff would
cease making purchases at the end of the last purchase agreement coinciding with the valid
cooperative agreement. If the City Council were to not appropriate funds for a future year, staff would
apps.cfwnet.org/council_packet/mc_review.asp?I D=28615&councildate=1/12/2021 1/2
1/21/2021 M&C Review
cease making purchases when the last appropriation expires, regardless of whether the then-current
purchase agreement has expired. If the cooperative contract is extended, this M&C authorizes the City
to purchase similar products and services under the extended contract. If the cooperative contract is
not extended, but a new cooperative contract is executed with DLT Solutions, LLC with substantially
similar terms as the previous cooperative contract, this M&C authorizes the City to purchase the
products under the new cooperative contract.
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.
AGREEMENT TERM - Upon City Council's approval, this agreement shall commence on January 27,
2021 and expire on January 26, 2022.
RENEWAL OPTIONS - The agreement may be renewed for up to four(4) one year renewals in
accordance with applicable cooperative contract or successor contract.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the General Fund to support the approval of the above recommendation
and authorization of the purchase agreement. Prior to any expenditure being incurred,
the Information Technology Solutions Department has the responsibility to validate the availability of
funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Jay Chapa (5804)
Valerie Washington (6192)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Ashley Kadva 2047 ()
ATTACHMENTS
apps.cfwnet.org/council_packet/mc_review.asp?I D=28615&councildate=1/12/2021 2/2