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HomeMy WebLinkAboutContract 42625CITY SECRETARY CONTRACT NO. 42�n25 Submitted to: City of Fort Worth Submitted by: Jody Gedosch Dell Glo a1 Table of Contents 1.0 Overview and Shared Objectives .............................................. ..............................3 2.0 Project Scheduling ...................................................................... ..............................3 3.0 Project Scope and Definition .................................................... ............................... 4 4.0 Deliverables ................................................................................ ............................... 5 5.0 Assumptions and Customer Responsibilities .......................... .............................10 6.0 Change Control Process ............................................................ .............................12 7.0 Dell Personnel Skills and Qualifications .................................. .............................12 8.0 Pricing ......................................................................................... .............................13 9.0 Termination ................................................................................ .............................13 10.0 Order of Precedence .................................................................. .............................14 11.0 Signature ..................................................................................... .............................15 © Copyright 2011. Dell Inc. All rights reserved. Statement of Work For City of Fort Worth This Statement of Work ('SOW') is between Dell Marketing L.P. ('Dell'), and City of Fort Worth ('City of Fort Worth or 'Customer') for the services described in this SOW (individually, the 'Service' or collectively, the 'Services ") and is effective as of the date last executed in the Signature section below. This SOW and the performance of the Services hereunder are subject to and governed by the terms and conditions specified in the State of Texas Department of Information Resources Contract DIR- SDD -890 (the 'Agreement'). Neither Dell nor its representatives, employees, contractors and/or subcontractors take responsibility for, nor are they liable for, any decisions made in the development of any systems, products, or software solutions that are made by, or for, Customer, or by employees or other representatives, contractors and/or subcontractors of Customer. The term of this SOW shall begin on the date as negotiated between the Dell Project Manager and the customer during the kick off call, with a maximum term of 24 weeks following the negotiated SOW start date. 1.0 Overview and Shared Objectives The Dell Optimized Deployment with MDT service described in this Statement of Work ('SOW ") provides assistance in designing and implementing a lite -touch desktop installation utilizing Microsoft's Deployment Toolkit ( "MDT'). The Dell Optimized Deployment with MDT Service provides customers with a lite -touch desktop installation methodology that leverages the Microsoft Deployment Toolkit to increase deployment efficiency through automation. Dell Service offers the Optimized Deployment with MDT (Advanced) as a fixed -scope and time - limited offering. The duration of this engagement is six (6) weeks. The project scope will cover standard components of an Optimized Deployment with MDT as outlined in this SOW. The major project phases included are: • SME Review • Setup & Configuration • Customer Environment Test • Pilot 2.0 Project Scheduling The following is an outline of the Project plan for the setup & configuration of the MDT process. 3.0 Project Scope and Definition The following chart shows the major tasks and phases that will be included in this project for the setup and configuration of the MDT Automated Deployment process Descriptionof Start Descriptionof DeliverableiMilestone Due Date Deliverable/Milestone Deliverable /Milestone Date _ _ Del iverabieiMilestone The following outlines the project scope associated with the setup & configuration of a MDT project for City of Fort Worth. The following activities will be in Scope • Import a single operating system / image creation. • Import up to 10 applications (packaged by customer in msi format) prepared for silent install. • Include support for all required hardware drivers and software patches. • Build deployment solution through the configuration of the Microsoft@ Deployment Toolkit for a 'Lite- Touch', new computer deployment scenario. • Max time allocated is setup in project plan and confirmed at start-up. • Backup data from legacy PC via USMT to customer network share and restore on new PC (or existing PC if Migration in place) up to two data migration templates. 4.0 Deliverables The purpose of the SME review is to capture the current mode of operation and review the future mode of operation. The validation of assumptions and key deployment tasks will be reviewed by a Dell consultant with a designated SME from the customer. Deliverables • Capture current mode of operation (CMO) deployment tasks • Document the future mode of operation (FMO) deployment tasks • Document the LTI data values that will be used for the optimized deployment process. • Identify any issues or gaps that may appear during this phase of the project. Assumptions • Customer will provide access to a SME to participate in the establishment and documentation of the Current Mode of Operation. • Dell will collaborate with the SME as well as other key stakeholders on the FMO process within the scope outlined SetuA & Configuration - Workflow Automation 12roces s The setup and configuration of Optimized Deployment with MDT process to accomplish the tasks outlined above Deliverables An Optimized Deployment with MDT process that a Dell consultant will engineer and test: • Create and test the sequence of automated tasks that are associated with deploying the OS and applications. • Configure the Lite —Touch GUI to collect input from the technician/end user that is deploying the PC. • Configure the Optimized Deployment with MDT process to accommodate a new PC deployment scenario. • Set the Computer name based on information gathered from the Lite -Touch GUI or through known system variables. • Automatically join the new PC to the domain using an account with appropriate rights. Assumptions • Customer will provide access to SME resources to validate workflow automation • Customer will provide access to SME resources to validate LTI data values for automation • Customer will provide Dell with an account that can be used to join PCs to a single domain and default Organizational Unit. • Customer will provide installation source media (OS and Applications). • Customer will provide hardware to be utilized by a Dell consultant to set up the deployment process. Set up and Configuration Image Creation The purpose of this work stream is to build out a MDT delivered image that supports the approved hardware within the customers' environment. Dell will evaluate the current imaging process and will determine the best approach to integrate the needed components (ex. drivers). Deliverables • Evaluate the current imaging process and identify improvement opportunities. • Determine the imaging requirements. • Test and build an image utilizing MDT that will support the approved hardware within the customers' environment. Assumptions • Customer will provide access to SME resources to validate approved hardware. • Customer will provide access to SME resources to validate imaging requirements. • Customer will provide Dell with an SME to document current imaging process. • Customer will provide installation source media (OS). • Customer will provide hardware to be utilized by a Dell consultant to set up the deployment process. The customers OS image(s) will be staged in the Deployment Container for installation during the Optimized Deployment with MDT process. By default all OS image(s) will be deleted upon the completion of the automated installation process. Deliverables: The Dell consultant will setup & configure the OS load and will engineer and test automation service to: • Incorporate the customers' OS image into the deployment container for use during the Optimized Deployment with MDT process. • Dell will allow for up to 8GB of OS image(s) to be staged within the Deployment Container. Assumptions • Customer will provide Dell with their OS image to be uploaded into the Deployment Container. • Customer will supply new versions of the image(s) no more frequently than once per quarter (for configuration services only) • For all changes there will be a change request process followed and both Dell and the customer must agree. Load and Configure Applications 10 Customer Core applications will be staged in the Deployment Container for installation during the Optimized Deployment with MDT process. By default all application packages will be deleted upon the completion of the automated installation process. Deliverables An Optimized Deployment with MDT process that a Dell consultant will engineer and test: • Incorporate the customer application content within the deployment container to meet customer requirements. Assumptions • No more than 10 application packages will be staged in the Deployment Container for use during the Optimized Deployment with MDT process. • All application packages will support unattended silent installations with no reboots. Typically .msi format, however, other formats are acceptable if they support the unattended silent install requirement. • Ensuring all software applications are certified, operational, and compatible with the new system configuration and operating systems. • Customer will provide the application packages for testing during this project. • Customer will provide any information relative to which application must install in a particular order • Customer will provide information on which applications have prerequisites • Customer will provide any command line switches required to make an application install silently and in an unattended manner • The packaged applications will be installed via the Optimized Deployment with MDT process. • Dell will allow for up to 10GB of packaged applications to be staged within the Deployment Container. Data Migration- End User Files Settings Network Printer Mappings and Drive Map iinng2 PC data and settings will be backed up from the old PC to a customer network share and then restored on the new PC for in -place OS migrations and PC replacement scenarios, leveraging the USMT tool. The Dell Engineer will create up to two (2) custom data and setting migration rules template to be utilized during the automated deployment process. Deliverables • The Dell consultant will setup the data migration template and will engineer and test the automation process • Backup user Data/OS personality settings from legacy PC to a customer network share and restore user data/OS personality settings on new PC according to the Dell supplied template • Automatically restore network settings after the migration • Application settings that are able to be migrated with native out of the box functionality will be migrated however for applications that are not able to be migrated via the Dell supplied templates will be out of scope for this project Assumptions • Customer will have sufficient network storage and bandwidth to support backup and restoration of customer data • For PCs with encrypted hard drives, customer will either decrypt the hard drive or provide an administrator login and password to the PC • Migration of Security Certificates will not be required. If security certificate migration is required, Dell will notify the customer of additional time and costs via change order • Customer will provide a list of file extensions that Dell should move from the old PC to the network Share, and back down to the new PC as defined in the data and settings migration rules template. • Customer will provide a list of hard drive locations that Dell should search for files to move as defined in the data and settings migration rules template. • Customer will provide a list of OS settings that should not be moved • User setting cannot be migrated from a user on one domain to another • User names cannot change during the migration • Customer will provide a list of PC's \Laptops that have more than 1 local user profile to be migrated. Project Environment Test and Pilot of Automated Process Dell will conduct a Customer Environment Test as well as a pilot of the Optimized Deployment with MDT process as part of this engagement. The purpose of the Customer Environment Test is to select 2 -3 PCs that are a relative sample of the deployment environment and to conduct a test using the deployment process as designed. The results of the Customer Environment Test will be used to provide enhancements or bug fixes to the automated process. Following that phase will be the pilot; the pilot will increase the sample size of PCs deployed on up to 40 systems. The pilot is an effort to test on a larger scale prior to the roll out of the process for production. The Dell consultants and project team will execute the Optimized Deployment with MDT process on all defined deployment scenarios within the CET and pilot scope. Deliverables: The following are the key deliverables for the Customer Environment Test and pilot phase of the project. • The Customer Environment Test will run the Optimized Deployment with MDT process on 2 to 3 PCs in total from the customer's production environment. • The Pilot should be run on up to 40 PCs from the customer's production environment with the quantity deployed at the customer and the Dell project team's discretion. Assumptions: The Customer Environment Test PCs are deployed during normal business hours of 8am to Spm local time excluding corporate or bank holidays. The pilot PCs are deployed during normal business hours of 8am to Spm local time excluding corporate or bank holidays. The Deployment Container as defined in the setup & configuration phase of this project will be utilized during the Customer Environment Test and Pilot of the automated process. Deliverables • The following are the key deliverables for the Customer Environment Test and pilot phase of the project. • The Customer Environment Test will run the automated deployment process on 2 to 3 PCs in total from the customer's production environment. • The Pilot should be run on a minimum of 30 computers and up to 75 computers from the customer's production environment with the quantity deployed at the customer and the Dell project team's discretion Assumptions: • The Customer Environment Test PCs are deployed during normal business hours of Sam to 5pm local time excluding corporate or bank holidays. • The pilot PCs are deployed during normal business hours of 8am to 5pm local time excluding corporate or bank holidays. • The Deployment Container as defined in the setup & configuration phase of this project will be utilized during the Customer Environment Test and Pilot of the automated process. • All unused content will be deleted upon completion of automated processes. 5.0 Assumptions and Customer Responsibilities MDT Toolset Set up and Configuration Assumptions • The six (6) week project timeline for Set up and Configuration of the MDT tool is based on Dell's current assumptions of customer requirements and environment. In the event it is determined following the kick off call that Dell assumptions about customer requirements and/or environment are incorrect, or that customer requirements have changed, the result of which will extend the engagement beyond 5 weeks, Dell will negotiate the resulting impact via the change control procedure defined herein • Customer must maintain and provide all non - Dell hardware drivers as required • Migration of Security certificates is not required • The Set up Effort will include incorporation of the following deployment activities in the MDT tool. If additional requirements apply, Dell reserves the right to process a change order. • Import a single operating system / image creation. • Import up to 10 applications (packaged by customer in msi format) prepared for silent install. o Include support for all required hardware drivers and software patches. • Build deployment solution through the configuration of the Microsoft® Deployment Toolkit for a 'Lite- Touch', new computer deployment scenario. • Max time allocated is setup in project plan and confirmed at start-up. • Backup data from legacy PC via USMT to customer network share and restore on new PC (or existing PC if Migration in place) up to two data migration templates • Ensuring Customer's Site Coordinator is on -site and available as needed by Dell at the deployment site. • Providing Dell personnel with adequate work space, supplies, and facilities within reasonable proximity to where Services are to be performed. • Providing Dell with access to and use of information, data, Customer facilities, equipment, and internal resources as reasonably necessary to deliver the Services. • Providing software, hardware, related equipment (e.g., rack router, cables, etc.), and network server required for imaging process as necessary to support the Customer Environment Test and pilot.. • Ensuring all systems and related equipment are easily accessible by Dell without the need to move furniture, and providing keys to any cable locks as needed to remove or secure systems during de- installation and/or installation. • Ensuring all end -users backup data and disable any BIOS passwords currently configured on legacy systems prior to a service call or installation. • Provides End user training for participants of the pilot deployment. • Deployment of Windows and applications to Client devices. • Create and communicate the deployment user communication plan. • Perform user acceptance testing of master image. • Complete requested questionnaires such as: pre- engagement, Environmental assessment of the pilot site, etc. • Provide source media files and installation command options for silent install. • Preparation of required hardware and software to support the lab environment. • Review and approvals: • Assists with managing scope control of the project with a defined change management process • Assumes responsibility for management of all vendors not managed by us. • Provide accurate information on network capacity, utilization, line speeds, and the number of devices at each physical location used as the basis for design decisions. • Provide, unless otherwise agreed in writing, all test cases, test data, procedures, and personnel needed to conduct the acceptance testing of the solution, including interfaces. • Provide necessary work site access in addition to necessary access to systems logons and passwords. • Provide suitable work spaces with desks, chairs, and telephones. • Provide local area network (LAN) connections that enable access to the Internet and e -mail for the on -site team. • Provide access with proper licenses to all necessary tools to complete all tasks in the engagement. • Provide a content management repository for deliverables (packages, documents, and etc.). • Providing all logon IDs, passwords, domain specifications, and personal settings for each end - user prior to scheduled deployment. • Move new PCs to the point of installation • Perform de- installation and move legacy systems to a staging area • Providing storage area for de- installed legacy systems and a common area for debris at each Customer site (to be located within the building where the deployment occurs). • Performing quality assurance after login is complete, including access to Active Directory profile to allow end -users to access specific software applications and load personalities. • Providing post- installation support and troubleshooting assistance as needed to address software application performance, software application and operating system conflicts, software application version issues or co- existence issues as necessary for the Customer Environment Test and pilot. Hardware and Software Customer Responsibilities • Acquire and install all required facilities, equipment (hardware and software) needed for the project. • Provide proper software/hardware licenses for the implementation of the project. • Prepare suitable test computer(s), hardware drivers, and software applications with which the baseline configuration and image can be developed. Lab, Test, and Production Environmental Customer Responsibilities • Set up the test lab for CET and pilot. • Acquire and install the appropriate server capacity to support the development, test, and production environments. • Setup, validates and assists with CET • Update operational and service desk procedures by the time of production deployment; for example, account and resource provisioning, passwords change server recovery, and etc. • Install and support any hardware required. 6.0 Change Control Process The "Change Control Process" is the process that governs changes to the scope of the Services during the term of this SOW. The Change Control Process will apply to new Services components and to enhancements of existing Services. A written "Change Order" will be the vehicle for communicating any desired changes to the Services. It will describe the proposed change to Services scope, pricing, resources, tasks, and deliverables; the reason for the change; related assumptions and Customer responsibilities; and the schedule and price impacts of the change. The Dell Project Manager will draft the Change Order document based on discussions with Customer and Dell team. Only changes included in a Change Order signed by both Customer and Dell will be implemented. In some cases, a Change Order will authorize Dell to study the impacts that a proposed change will have in terms of required changes to Services scope, schedule, and price. If, upon completion of the study, Customer agrees to proceed with an identified scope change, the Dell Project Manager will draft a separate Change Order to detail the specifics associated with that change. 7.0 Dell Personnel Skills and Qualifications Dell, will, at its sole discretion, determine the number of personnel and the appropriate skill sets necessary to complete the Services. Customer understands that Dell resources may include employees of Dell and/or a service provider or subcontractor to Dell. Dell personnel may work on -site at Customer location or off -site at a Dell or other location as determined by the needs of the Services and by specific agreement of the Customer project manager. 8.0 Pricing Fixed Fee: MDT Tool Configuration and Set up Invoice/Payment Terms: Invoice for Services will be issued upon receipt of Customer signature of this SOW. Payment is due thirty (30) days from date of invoice. Expenses: Expenses are included in the Fixed Fee price. Unless the scope changes; Dell will not charge any additional expenses in connection with delivering the Services without the express written consent of Customer. Additional expenses include Service related expenses including actual, reasonable and necessary travel and living expense. Taxes: Dell's pricing does not include applicable local taxes. Scope Changes: Additional fees may apply if Customer changes or expands the scope of the Services. Any additional work that is required outside the scope of this SOW requires written approval by Customer and Dell as described in the Change Control Process detailed in this SOW. Services Scheduling: Services may not be scheduled or commenced until the Purchase Order (if any) and signed SOW is received by Dell. Upon receipt of a signed SOW and Purchase Order, a Dell Project Manager will typically contact you within 7 business days to begin Services scheduling. Services Scheduling will be based upon Customer's schedule preferences /requirements and the availability of required resources. Pricing: The terms offered by Dell under this SOW (including but not limited to the pricing) shall be valid for thirty (30) days following initial delivery of this SOW to Customer. In the event this SOW is executed by Customer after such thirty (30) day period, Dell may in its sole discretion, (i) accept the SOW on the stated terms or (ii) reject such SOW and may provide Customer with a revised SOW setting forth any necessary updates to the terms of the previous SOW. 9.0 Termination Customer may terminate this SOW for convenience upon providing Dell with thirty (30) days written notice. Upon any termination of this SOW or the associated Agreement, Customer shall pay all of Dell's unpaid fees and out -of- pocket expenses accrued through the effective date of such termination. If Customer fails to perform any payment obligations hereunder and such failure remains un- remedied for fifteen (15) days, Dell may suspend its performance until payment is received or terminate this SOW and the associated Agreement upon written notice. 10.0 Order of Precedence This SOW, together with the Purchase Order (if any) and the Agreement, states all of the rights and responsibilities of, and supersedes all prior and contemporaneous oral and written communications between Dell and Customer regarding this Service. The use of pre - printed forms, such as Purchase Orders, will be for convenience only, and all pre - printed terms and conditions stated on such forms will not apply to this Agreement. Should a conflict arise between the terms of the Purchase Order, SOW and Agreement, the following order of precedence shall be followed: first, the SOW, second the Agreement, and third the Purchase Order (if any); provided, however, that any terms and conditions printed on the Purchase Order shall not apply. 11.0 Signature Please fax a copy of your Purchase Order and this signed SOW (with all pages in full) to 512- 283 -7899, Attention: Dell - Intake Manager. The Purchase Order amount should include estimated expenses if they are billable. k?QItU'VF.D AS TO K)RM AND LEGA 1TY: Attested by: a � `L,J - &W./ ,i55i5ta_s t c= A(tarapp Ronald P. Gonzales, Asst. City Semvtary p. Oo °00°°00 1b ZS I1 ��� -�10 ° a !� n ¢� °o 0 °71 oo�� Ocp �. (OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contact Summary Customer Primary Contact for Service City of Fort Worth Customer Number: 2593386 Contact Name: David Newman Phone: Email: David.Newman @fortworthgov.org Date 3/25/2011 Dell Services Solutions Architect Jody L Gedosch Contact Title: Service Solution Architect Dell Global Services Phone: 512 -496 -7188 Email: Jody_Gedosch @Dell.com Customer Billing Contact City of Fort Worth 1000 Throckmorton Street Fort Worth, TX Dell Segment Contact David Galvan Phone: - Email: david _galvan @dell.com Location Where Work Will Be 1000 Throckmorton Street Performed Fort Worth, TX Dell Opportunity Number 2593386 DELL QUOTATION QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Date: 8/5/11 10:22:57 AM Customer Name: Page 1 of 2 593179000 41751599 48ABO DIR -SDD- 890 -TX 8/4/11 CITY OF FORT WORTH TOTAL QUOTE AMOUNT: $74,000.00 PHONE: 5125139093 Product Subtotal: $74,000.00 Phone Ext: 5139093 Tax: $0.00 Unit Price Total Shipping & Handling: $0.00 5 $9,040.00 Shipping Method: Groundl Total Number of System Groups: 0 SOFTWARE & ACCESSORIES Joanna Scott PHONE: 5125139093 Email Address: joanna_scott@dell.com Phone Ext: 5139093 Product Quantity Unit Price Total ProConsult -ICS End User Computing Other L 10000 (906 -6447) 5 $9,040.00 $45,200.00 ProConsult -ICS End User Computing Other L 1000 (906 -6438) 5 $904.00 $4,520.00 ProConsult -ICS End User Computing Other L 100 (906 -6437) 175 $90.40 $15,820.00 ProConsult -ICS End User Computing Other L 10 (906 -6428) 6 $9.04 $54.24 ProConsult -ICS End User Computing Other L 1 (906 -6427) 6 $0.90 $5.40 ProConsult -ICS End User Computing Other L .01 (906 -6418) 22 $0.01 $0.22 ProConsult -ICS End User Computing Other E 100 (906 -6398) 84 $100.00 $8,400.00 Professional Services - OTHER Offer Category (991 -2639) 14 $0.01 $0.14 Number of S & A Items: 8 S &A Total Amount: $74,000.00 TX- DIR -SDD -890 and the SOW for these services shall govern. SALES REP: Joanna Scott PHONE: 5125139093 Email Address: joanna_scott@dell.com Phone Ext: 5139093 Please review this quote carefully. If complete and accurate, you may place your order online at www.dell.com /ato (use quote number above). POs and payments should be made to Dell Marketing L.P. If you do not have a separate agreement with Dell that applies to your order, please refer to www.dell.com /terms as follows: If purchasing for your internal use, your order will be subject to Dell's Terms and Conditions of Sale-Direct including Dell's U.S. Return Policy, at www .dell.com /returnpolicv#total. If purchasing for resale, your order will be subject to Dell's Terms and Condition of Sale for Persons or Entities Purchasing to Resell, and other terms of Dell's PartnerDirect program at www.dell.com /partner. If your order includes services, visit www.dell.com /servicecontracts for service descriptions and terms. file:HC:\ Users\ jody _gedosch\AppData \Local\Microsoft \Windows \Temporary Internet Files... 8/23/2011 Page 2 of 2 Quote information is valid for U.S. customers and U.S. addresses only, and is subject to change. Sales tax on products shipped is based on "Ship To" address, and for downloads is based on "Bill To" address. Please indicate any tax - exempt status on your PO, and fax your exemption certificate, with seller listed as Dell Marketing LY, to Dell's Tax Department at 800 -433 -9023. Please include your Customer Number. For certain products shipped to end -users in California, a State Environmental Fee will be applied. For Asset Recovery/Recycling Services, visit www.dell.com /assetrecoverv. file: / /C:\ Users\ jody _gedosch\AppData\Local\Microsoft \Windows \Temporary Internet Files... 8/23/2011 NETWORK ACCESS AGREEMENT This NETWORK ACCESS AGREEMENT ( "Agreement ") is made and entered into by and between the CITY OF FORT WORTH ( "City "), a home rule municipal corporation with its principal location at 1000 Throckmorton Street, Fort Worth, Texas 76102, organized under the laws of the State of Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and Dell Marketing, L.P. with its principal location at One Dell Way, Round Rock, Texas 78682, ( "Contractor "), individually referred to as a "party," collectively referred to as the "parties." RECITAL The parties agree that certain provisions listed herein shall be governed by State of Texas Contract Number DIR -SDD -890 between the State of Texas, acting by and through the Department of Information Resources and Dell Marketing, L.P., as amended and restated respectively (hereafter the "DIR Contract "), applicable provisions of which are hereby incorporated herein by reference and made a part of this Agreement for all purposes. The parties hereby agree as follows: 1. The Network. The City owns and operates a computing environment and network (collectively the "Network "). Contractor wishes to access the City's network in order to provide consulting services for the City's Microsoft Windows environment and Dell Optimized Deployment with MDT Toolikt. In order to provide the necessary support, Contractor needs access to the City's Network, Internet, Intranet, and email. 2. Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's Network for the sole purpose of providing consulting services. Such access is granted subject to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulation D -7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials. The City will provide Contractor with Network Credentials consisting of user IDs and passwords unique to each individual requiring Network access on behalf of the Contractor. Access rights will automatically expire one (1) year from the date of this Agreement. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then this Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. This Agreement will be associated with the Services designated below. ❑ Services are being provided in accordance with City Secretary Contract No. ❑ Services are being provided in accordance with City of Fort Worth Purchase Order No. ❑ Services are being provided in accordance with the Agreement to which this Access Agreement is attached. X No services are being provided pursuant to this Agreement. 4. Renewal. At the end of the first year and each year thereafter, this Agreement may be renewed annually if the following conditions are met: 4.1 Contracted services have not been completed. 4.2 Contracted services have not been terminated. 4.3 Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the Contractor has provided the City with a current list of its officers, agents, servants, employees or representatives requiring Network credentials. Notwithstanding the scheduled contract expiration or the status of completion of services, Contractor shall provide the City with a current list of officers, agents, servants, employees or representatives that require Dell Marketing, L.P. Network Access Agreement Rev. 1/1/2011 Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the Network and /or termination of this Agreement. 5. Network Restrictions. Contractor officers, agents, servants, employees or representatives may not share the City- assigned user IDs and passwords. Contractor acknowledges, agrees and hereby gives its authorization to the City to monitor Contractor's use of the City's Network in order to ensure Contractor's compliance with this Agreement. A breach by Contractor, its officers, agents, servants, employees or representatives, of this Agreement and any other written instructions or guidelines that the City provides to Contractor pursuant to this Agreement shall be grounds for the City immediately to deny Contractor access to the Network and Contractor's Data, terminate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 6. Termination. Termination rights shall be governed by the applicable provisions of the DIR Contract. 7. Information Security. Contractor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use. Contractor agrees to notify the City immediately upon discovery of a breach or threat of breach which could compromise the integrity of the City's Network, including but not limited to, theft of Contractor -owned equipment that contains City - provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City - provided Network credentials, and unauthorized use or sharing of Network credentials. 8. LIABILITY AND INDEMNIFICATION. Liability and Indemnity rights shall be governed by the applicable provisions of the DIR Contract. 9. Confidential Information. Rights related to Confidential Information shall be governed by the applicable provisions of the DIR Contract. The parties further agree that the City, as a local government entity, shall have the same rights afforded to state government entities under the DIR Contract. 10. Right to Audit. Audit rights shall be governed by the applicable provisions of the DIR Contract. The parties further agree that the City shall have the same audit rights afforded to the DIR and the State of Texas under the DIR Contract. 11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Contractor. This Agreement and any other documents incorporated herein by reference constitute the entire understanding and Agreement between the City and Contractor as to the matters contained herein regarding Contractor's access to and use of the City's Network. 12. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Contractor. 13. Assignment. Contractor may not assign or in any way transfer any of its interest in this Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and void. 14. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. Force Maieure. Each party shall exercise its best efforts to meet its respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and /or any other similar causes. Dell Marketing, L.P. 2 Network Access Agreement Rev. 1/1/2011 16. Governing Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. Siqnature Authority. By affixing a signature below, the person signing this Agreement hereby warrants that he /she has the legal authority to bind the respective party to the terms and conditions in this agreement and to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: &�� usa Alanis A istant City a ag Date: ATTEST: ` 0 ix %n c-`MZ> c�v W�,City Secretary ON v DELL MARKETING, L.P.: By:—.X-/AW`*`-/`-0-` W-02 - - -- Name: Keon C. Robertson Title: Sr. Contracts Advisor Date:_.November 4, 2011 APPROVED A§ TO FORM AND LEGALITY: 9j as Assistant City Attomey M & C: none required Dell Marketing, L.P. Network Access Agreement onr o�pp 0= a 0 0 0 ° 2n Tr OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1- - -- - MEMORANDUM OF INSURANCE DATE TYPE OF INSURANCE 2/3/2011 THIS MEMORANDUM OF INSURANCE IS FOR AUTHORIZED VIEWERS ONLY. USE, DUPLICATION OR ALTERATION OF THIS DOCUMENT, WITHOUT THE SPECIFIC WRITTEN CONSENT OF THE INSURED, IS EXPRESSLY PROHIBITED. THIS MEMORANDUM IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT EXTEND, ALTER OR AMMEND THE COVERAGE NOTED OR CONFER RIGHTS UPON ANY VIEWER OR OTHER PARTY. COVERAGE DESCRIBED BELOW IS AS OF THE ABOVE DATE. PRODUCER LOCKTON COMPANIES, LLC -N DALLAS GL4406243 717 N. HARWOOD, LB #27 3/1/2012 DALLAS TX 75201 COMPANIES AFFORDING COVERAGE 214 - 969 -6700 $ 1,000,000 INSURED Dell Inc, and its Subsidiaries 1078875 COMPANY A: New Hampshire insurance Company Dell Marketing L.P. Perot Systems Corporation COMPANY B: National Union Fire Ins Cc Pittsburgh PA COMPANY C : insurance Company of the State of PA One Dell Way - RRI -50 COMPANY D: Commerce and Industry Insurance Company Round Rock TX 78682 COMPANY E: n/wref w /r17 r1RT TMAID n t THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS D GENERAL LIABILITY COMMERCIAL GENERAL LABILITY OCURRENCE GEN'L AGG LIMIT APPLIES PER: GL4406243 2/3/2011 3/1/2012 EACH OCCURENCE $ 1,000,000 FIRE DAMAGE An one fire $ 1,000,000 MED EXP (Any one person) $ 5,000 POLICY PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP /OP AGG $ 5,000,000 AUTOMOBILE LIABILITY B ANY AUTO HIRED AUTOS CA4309394 2/3/2011 3/1/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 NON -OWNED AUTOS BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ j{XJ{J{xxx NOT APPLICABLE OTHER THAN $ XXXXX3 x AUTO ONLY: $ XXXXXXX B EXCESS LIABILITY OCCURENCE 15972756 2/3/2011 3/1/2012 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5.000.000 $ XXXXXXX $ XXXXXXX $ XXXXXXX A WORKERS COMPENSATION / EMPLOYERS' LIABILITY WC061967310 AOS / 7314 TX 2/3/2011 2/3/2012 WORKERS COMP LIMITS STATUTORY A A C WC06196731 I FL/ 7309 CA WC061967313 (see below) WC06 1 9673 12 MA 2/3/2011 2/3/2011 2/3/2011 2/3/2012 2/3/2012 2/3/2012 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1 $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 ADDITIONAL INFORMATION *Workers' Compensation Policy # WC061967313 includes ND, OH, WA, WI, WY. The following are inclusive on the above mentioned policies: Blanket Additional insured as required by contract or agreement (General Liability & Auto) Blanket Waiver of Subrogation as required by contract or agreement. Primary and Non - Contributory Clause as required by contract. (General Liability & Auto) M &C Review CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 10/25/2011 DATE: 10/25/2011 REFERENCE NO.: •'P -11313 LOG NAME: CODE: SUBJECT: Page I of 2 Gffirial ste of the cty of Fort Worth, Texas FORT I ORTII 13P11 -0344 DELL HARDWARE CBR P TYPE: CONSENT PUBLIC NO HEARING: Authorize Purchase Agreement with Dell Marketing, L.P., for Hardware, Software, Technology Services and Maintenance and Support Services for the Information Technology Solutions Department Using a State of Texas Department of Information Resources Contract in the Amount of $4,800,000.00 for the First Year (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a Purchase Agreement with Dell Marketing, L.P., for replacement and new hardware, software, technology services, and maintenance and support services for the Information Technology Solutions Department using State of Texas Department of Information Resources contract number, DIR -SDD -890, in the amount of $4,800,000.00 for the first year. DISCUSSION: The ITS Department will use this Agreement to purchase new and replacement hardware, technology services, and maintenance and support services from Dell Marketing, L.P., (Del!) for all City departments on as needed basis. ITS will also use this Agreement to purchase new equipment, maintenance, software, asset recovery services and support services for all City departments from departmental operating funds. ITS is working with each City department to replace only the rnost critically needed computers and servers in order to reduce the risk of disruption and lack of productivity due to equipment failure. The criteria for replacement systems include performance problems, obsolescence and unavailable . or cost prohibitive replacement parts. Problems with the current hardware include the inability to run applications and to run multiple programs simultaneously, systems locking up, slow processing, and screen damage which may lead to the loss of work. The need to run current generations of Microsoft Office and operating systems, and new technical software packages (GIS, AutoCad, and video streaming is also considered. Municipal Court, Library, Police and Parks and Community Services Departments have laptops and desktops that meet the replacement criteria. Previous expenditures have averaged $3,900,000.00 per year for the last two years. ITS has modified the replacement cycle using the new replacement criteria to reduce costs. The increased estimated amount in this action will be used for additional software licensing costs for Microsoft Windows, Office, SQL, Desktop Power Management as well as for server upgrades and data storage increases that were delayed from previous years. PRICE ANALYSIS - The DIR contract offers fixed discounts ranging from two to 13 percent less than Dell's current retail price list. There is an additional minimum discount for equipment purchased through the State of Texas online store. Staff reviewed the pricing and determined it to be fair and reasonable. COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a cooperative purchasing Agreement satisfies any state law requiring that the local government seek competitive bids for purchase of the item. The Department of Information Resources contract was htip://apps.cfiknet.org/council-packet/mc-reti iew. asp7ID =15921 &councildate= 10/25/2011 W/26/2011 M &C Review Page 2 of 2 competitively bid to increase and simplify the purchasing power of government entities. DIR issued a solicitation on the Comptroller Public Accounts' Electronic State Business Daily, Request for Offer (DI R-SDD-TMP-1 20, on April 1, 2008, for Dell- Branded Hardware Products and Related Services. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERM - Upon City Council's approval, this Agreement shall begin on October 25, 2011 and expire on January 13, 2013, to align with the DIR contract. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budgets, as appropriated, of the participating departments. BQN111 -0344 \CBR TO Fund /Account/Centers Submitted for City Manager's Office bv- Originating Deaartment Head: Additional Information Contact: ATTACHMENTS FROM Fund /Account/Centers Tom Higgins (6192) Lena Ellis (8517) Camillia Ryan (8321) Jack Dale (8357) http_ // apps. cf"net. org /council _packet/mc_rel,, iew , asp'.) [ D =15921 &council date= 10/25/2011 10/26/2011