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HomeMy WebLinkAboutContract 42627CITY SECRETARY CONTRACT NO.. 4ZW 2-1 City of Fort Worth 1� -01 -11 46 IN Submitted by: Jody Gedosch Dell Global Services 3/21/2011 m Copyright 2011. Dell Inc.�d4 RECORD CITY SECRETARY Table of Contents 1.0 Overview and Shared Objectives .............................................. ............................... 3 2.0 Project Scheduling ...................................................................... ..............................4 3.0 Project Definition and Scope ..................................................... ..............................4 4.0 Deliverables ................................................................................ ............................... 6 5.0 Assumptions and Customer Responsibilities .......................... ..............................7 6.0 Change Control Process ........................................................... ............................... 9 7.0 Dell Personnel Skills and Qualifications .................................. .............................10 8.0 Payment Criteria ......................................................................... .............................11 9.0 Termination ................................................................................. .............................12 10.0 Order of Precedence .................................................................. .............................12 11.0 Signature ..................................................................................... .............................13 ContactSummary .................................................................................. .............................14 Appendix — Training Recommendations — Windows 7 ....................... .............................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 S, mgt 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. Microsoft® Windows 7 Readiness Assessment 1.0 Overview and Shared Objectives The objective of this Service is to examine the Customer's current end user system deployment and Information Technology processes in relation to Microsoft Windows 7 migration requirements. Dell will Identify and document areas of potential risk and mitigation strategies associated with Microsoft Windows 7 deployments. As part of this Service Dell will utilize data collected from Microsoft Application Compatibility Tool (ACT) and Microsoft Assessment Tooikit (MAP) tools for up to ten thousand (10,000) Customer desktops for a single company division. This data will include hardware configuration and installed software applications on the desktops. • Options and prerequisites for implementation of the tools is addressed • Dell will, through interviews conducted with identified Customer stakeholders, analyze Customer processes used to prepare and educate end users and the Customer organizational makeup relative to the current end user system deployment environment. • Dell will utilize its methodology designed to use the Customer's time efficiently and obtain the required information needed to perform this Service expeditiously. • Specific activities include: • Distribute pre - assessment questionnaires to in -scope Customer service delivery areas to obtain information regarding current infrastructure, process, procedures, resources, and tooisets. • Review status of tools implementation and data collection. • Gather and analyze data and assess remaining information needed. • Conduct interviews with key Customer information technology representatives. • Test 10 applications • Conduct follow -up meetings with key leaders to clarify items, confirm data points, and validate assumptions. • Review and analyze results and prepare a findings report Including comparative hardware compatibility and software compatibility findings, recommendations, and associated Microsoft Windows 7 document collateral. • Present findings and recommendations In a Microsoft PowerPoint executive summary presentation. 2.0 Project Scheduling This Service Is estimated to take 3 weeks. 3.0 Project Definition and Scope This Service will assess the Customer client deployment capabilities in the selected organization based on the explicit goals and objectives associated with deploying Microsoft Windows 7. The Service begins with the collection of data for preliminary analysis prior to any on -site initiatives. The collection of data is a two-step process using Dell suggested tools from Microsoft: Dell will provide the access process to the Microsoft ACT and MAP discovery tools & instructions, and provide limited remote support for Customer IT representative(s) to deploy the targeted desktop queries of installed application software. The Customer is responsible for the deployment of discovery tools using the Customer existing electronic software distribution process and procedure. The discovery tools are agent-less and non- invasive to the Customer end -user systems and run as a background process. The collectors require no intervention from Customer End -User. The collectors will query the end user system for installed application software data. The collector will transmit a container of data of approximately two hundred kilobytes (200Kb) per end user system. This data will be transmitted to a single Customer identified network share on the Customer network. No end -user login or password information is collected or stored in this data. Once an acceptable level of data is collected, as determined by Dell, Customer will be responsible for transmitting collected data to the Dell Project Manager for this Service. When the above noted data has been collected, Dell will schedule an on -site visit with Dell consultants to obtain additional information and clarifications through interviews with Customer identified stakeholders. If ACT or MAP environment is not going to be ready at time of visit there are options: • Customer can re- schedule their implementation of tool(s), and Dell will update visit date to align with customer's completion of ACT and MAP environment or, • Dell consultant can schedule a separate billable remote, or on -site visit, for installation of tools environment. However this needs to be scheduled so the on -site W7RA work . can meet the customer's planned W7RA start date or, • Dell consultant during visit can help implement. However the time to implement may limit the time available for the rest of the W7RA deliverables or; • Customer may elect to not provide any data for applications or hardware and W7RA report will be adjusted for the omission. When the above noted data has been collected, Dell will schedule an on -site visit with Dell consultants to obtain additional information and clarifications through interviews with Customer identified stakeholders. The findings of the data collection and Customer interviews will be documented by the Dell consultants. Assessment data gathering may or may not require onsite representation of Dell consultants, and determination of onsite requirements will be defined by Dell. An evaluation of the Customer's Microsoft Windows 7 readiness is graded using key factors that examine Microsoft Windows Ts impact on the following: 1. Migration Planning 2. Hardware Readiness 3. Application Readiness 4. Security Readiness Dell will provide findings and risk mitigating recommendations for Customer consideration towards continuous and on -going improvements based on coliecting and analyzing data in areas such as: 1. Hardware compatibility 2. Software compatibility and delivery 3. End user data and settings migration 4. Image content and delivery 5. Security 6. Microsoft Windows 7 enhancements 7. Common deployment risks 8. Deployment processes and plans 9. Customer support capabilities The assessment will be lead by a Dell Technical Consultant ("TC "), with assistance from various Dell subject matter experts representing the deployment activities being assessed. The assessment is anticipated to last three weeks including data analysis and deliverable creation. The Dell Project Manager will be responsible for maintaining the project plan, for project communications to both Customer and Dell management, and project timelines. 41-11-1-1111LIIM�I,i*1*1 • Migration Planning • Tools, processes and standards used to move data and settings on source and target talents • Microsoft Windows 7 Image content and delivery mechanisms • Application delivery and provisioning mechanisms • Client deployment support components • Microsoft Windows 7 project deployment plans and timelines Hardware Readiness • Inventory of up to 10,000 current systems using Deli provided tools • Assistance with creation of a Customer Microsoft Windows 7 hardware specification • Analysis and comparative report data of hardware population based on Dell's tiered compatibility standards • Application Readiness • Application population metrics as they relate to key Microsoft Windows 7 compatibility factors • Application packaging and testing capabilities as they relate to Microsoft Windows 7 compatibility and desired Customer deployment timelines • Analysis of up to ten (10) packaged applications using Deli's Microsoft Windows 7 Application Compatibility Reporting process and report on key Microsoft Windows 7 compatibility factors including application viability and package viability. The Deliverable will include an analysis to identify risks or potential issues with the applications tested, and will include specific recommendations for application packaging, application remediation and Customer testing capabilities as they relate to Microsoft Windows 7 compatibility and desired Customer deployment timelines. • Security Readiness • Data encryption using BitLocker and BitLocker To Go • Advanced Group Policy Management • User Account Control Assessing remote location connectivity 4.0 Deliverables The key outputs of the assessment will include the following: • Executive Summary A summary of key findings from the assessment for all in scope areas with specific emphasis on the factors of Microsoft Windows 7 readiness: software, hardware, security and migration planning. Findings Report topics and Table of Contents may Include but not be limited to the following based on the scope of the Service: Migration Planning • Overall Migration Planning • Windows 7 Versioning • Activation and Licensing • Image Development • Image Deployment • Application Deployment • Data Migration • Training Hardware readiness • Windows 7 Architecture • Peripherals • State of overall hardware readiness Application Readiness • Application Discovery • Application Compatibility • Application Remediation • Application Packaging • Application Virtualization • Internet Explorer S (IES) • Microsoft Office 2007 Security Readiness • Direct Access • BranchCache • AppLocker • BitLocker /BitLocker To Go • User Account Control • Group Policy Included Datasheets and Collateral • Additional documents and reference data associated with Microsoft Windows 7 deployment planning, execution and acceleration. 5.0 Assumptions and Customer Responsibilities Assumptions 1. Onsite activities such as interviews and meetings will be limited to a single Customer location. 2. Key deliverables, such as software and hardware compatibility analysis, can only be delivered if there is sufficient ACT and MAP asset and usage data, as determined by Dell, made available by ACT and MAP data collection. 3. If Customer does not allow ACT and MAP usage, a change order is required to SOW to use customer provided data. Note - Customer provided data may require additional analysis or correlation time and Dell may be required to request an extension of Project duration in order to complete deliverables adequately. 4. Compatibility testing will be limited to ten (10) MSI packaged or unpackaged applications. Applications must be delivered on hard media (DVD or like) to Dell TC at least one (1) week prior to scheduled completion date of the Service. 5. Dell will provide process for accessing the ACT and MAP collector tools and note documentation regarding security requirements prior to the start of the Service to allow Customer time to test ACT and MAP prior. 6. Customer will supply a single collection point for storage of discovery data, estimated at two hundred kilobytes (200Kb) per desktop. 7. The assessment includes the necessary domestic travel and is part of the fixed cost associated with this project and is based on: B. Up to three visits for the three weeks TC may be on -site. Schedule confirmed at kick -off. 9. Assessment of a single division or business unit 10. Final Findings and Recommendations Executive Presentation (up to 1/2 day) will be held near end of third week, on -site. 11. Consultant will arrive on Monday and leave on Friday. Customer Responsibilities 1. Prior to the start of this Service, Customer will indicate to Dell in writing a person to be the point of contact. All Services communications will be addressed to such point of contact (the "Customer Contact"). 2. The Customer Contact, as authorized by the Customer shall act for Customer in all aspects of the Service including bringing issues to the attention of the appropriate persons within Customer's organization and resolving conflicting requirements 3. Ensure that any communication between Customer and Dell, including any scope- related questions or requests, are made through the appropriate Dell Project Manager 4. Provide timely access to technical and business points of contact and required data/information for matters related to the scope of this Service. 5. Deploy the Microsoft ACT and MAP collector tools to the desktop via Customer's electronic distribution process and procedure, login scripts or Customer's preferred method. 6. Ensure attendance by key Customer contacts at Customer meetings and deliverable presentations. 7. Obtain and provide project requirements, information, data, decisions and approvals within five (5) working days of the request, unless both parties agree to a different response time. 8. Ensure that Dell or its representatives have reasonable and safe access to the project site, a safe working environment, adequate office space, and parking as required. 9. Deploy the Microsoft collector tools to the desktop via Customer's electronic distribution process and procedure 10. Modify the desktop security restrictions to allow the collector programs to execute and transmit data to a single central Customer supplied network share 11. Provide technical points -of- contact, who have a working knowledge of the enterprise components to be considered during the Services ("Technical Contacts "). Dell may reasonably request that meetings be scheduled with Technical Contacts. 12. Inform Dell of all access issues and security measures, and provide access to all necessary hardware and facilities required to perform the Service. 13. Provide Internet and e-mail access to the Dell consultant while on customer premises. 14. Provide all hardware, software, and facilities for the successful completion of the Service, excluding items specifically stated in this SOW as being provided by Dell. 15. Develop or provide documentation, materials and assistance to Dell for this Service in a timely manner. Dell shall not be responsible for any delays in completing its assigned tasks to the extent that such delays result from Customer's failure to provide timely documentation, materials and assistance to complete this service. AnDllcation Testina Out -of -Scope In Standard Service 1. Service does not include testing of applications that require network, hardware and software dependencies not available to Dell in the factory such as: Network Dependencies L Applications which require local area network ( "LAN ") connectivity for installation. ii. Persistent or client -based virtual private network ("VPN ") client connection setup and subsequent management. iii. Applications which require LAN connectivity to enable functional testing. Applications received requiring LAN connectivity can only be subjected to an simple installation test. • Hardware dependencies iv. Applications requiring hardware such as license fobs, dongles, printers, scanners, and plotters. • Software Dependencies v. Applications not identified as requiring software dependencies for each application. Dell can test applications with software dependencies when identified prior to testing. 2. Single distribution point for deploying the collector tools 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. Dell has identified the following initial resource levels for these Services. Key responsibilities for the resources are identified below. Project Manager (PM) • Single point of contact and accountability for successful delivery of the Services • Maintain focus on time, cost and scope • Coordinate and facilitate kick -off, status, deliverable review and closeout meetings • Establish and manage the Services schedule, communications and status reporting • Provide up to one status call and brief status report per week • Identify, monitor and manage Services risk, issues and escalations • Facilitate change management as needed • Confirm the Services delivered are in accordance with the SOW • Obtain deliverable and Services completion acceptance from Customer • Up to one deliverable review or phase completion call per week • Monitor the Services budget and invoices • Manage the Customer relationship • Track and status progress against milestones (if milestones are noted within SOW) • Project management activities are conducted remotely • Project management activities are conducted remotely, with minimal onsite time (e.g., kickoff, deliverable review, closeout) Practice Lead / Solution Architect Provide technical thought leadership to the Services team to ensure successful delivery of the Services. • Review the Service related documentation and Implementation of recommended solution. • Work with the Project Manager and Senior Consultant to gain a comprehensive understanding of the Customer's situation and orchestrates the efforts of one or more development resources. • Review Customer technical requirements and provide direction for recommended solution. • Provide guidance for senior consultant to define estimates for the development tasks. • Provide technical interlocking of the Customer project team to Dell product and Services team(s) to ensure coordinated action. Technical Consultant • Understand technology and product requirements • Have demonstrated experience and knowledge in set -up and configuration • Be familiar with industry standards and vendor specifications • Take direction from the Senior Project Consultant • Participate in planning review sessions when designated 8.0 Payment Criteria Service Fees: Fixed Fee: Payment for Services is a Fixed Fee of US $30,000.00 Involce/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 Deli. 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 ail 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 or email a copy of your Purchase Order and this signed SOW (with all pages in full) to 512- 283 -7899 or US DPS Proiect Administration0dell.com, Attention: Dell — Intake Manager. The Purchase Order amount should include estimated expenses if they are billable. APPROVED AS TO FORM AND LEGALITY: ��sit.tan� rt'x�y t�arney ��c P- II SIB `o 2S ll AttesWd by d P. 4oanw&4, Alt. City $may aa�ptt Fo Ana q Q0000000 p 0 O� 4- o � on o { u 0 * A' �►000O0p000 ,d aahcolQS _.,.Cr� 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 3/21/2011 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 Appendix - Training Recommendations - Windows 7 Dell training on Microsoft Windows 7 is designed to help you and your organization gain a better understanding of how to use new tools available in the latest versions of the software and operating system. This will enable your organization to work faster, smarter, and be more productive. IT Professionals Training Plan Summary Dell provides Instructor -Led Training (ILT) at your site or in publicaily scheduled classes. Dell also offers el-earning providing your organization with a cost -effective way to take advantage of interactive training developed by Microsoft experts. Windows Audience Desktop The primary audience for this training Is desktop administrators who want to Administrators specialize in desktop deployment, configuration, and management. • 6292: Windows 7 Technology Specialist • 6294: Windows 7 Desktop Administrator el-earning Collections • 6292: Approximately 16 hours (self- paced) Time: • 6294: Approximately 20 hours (self- paced) • 62923198 per person for 1 year unlimited access to the courses • 6294:$220 per person for 1 year unlimited access to the courses • Course 6294: Planning and Managing Windows 7 Desktop Deployments and Environments Delivery Method • Course 50321: Windows 7. Configuring Technology Specialist Course • Course 6292: Installing and Configuring Windows 7 Client Instructor -Led Courses • Course 50292: Implementing and Administering Windows 7 in the Enterprise Private Onsite : $3,000 /day (Private, Onsite; max 10 people) Travel and setup extra. Price: Dell's training consultants can gather your organizations requirements and provide customized pricing that will fit your organizations budget and needs. Job Aids Dell can provide a variety of customized or standardized job aids, quick reference cards and course materials Support Staff and Information Worker Training Plan Summary Below is the recommended training for Support Staff and End Users that are migrating to a Windows 7 environment. Deli provides eLeaming and Instructor -Led Training (ILT) at your site or in pubiicaily scheduled classes. Windows Information Minimum Recommendation Worker Audience Support Staff and Power Minimum Recommendation User Microsoft Windows 7 Starter Pack Web Based Trainina with Live Tutor eLeaming Approximately 2 hours (self- paced): SKU: 906 -7769 Collections $13 per person for 1 year unlimited access to the course and Dell's live experts Dell can provide Instructors to be used to provide: Delivery . Formal classroom instruction — onsite and in public classes Method . Seminars and lunch and learns Instructors Led Courses 0 Go -live support; personal coaching Dell's training consultants can gather your organizations Price: requirements and provide customized pricing that will fit your organizations budget and needs. Job Aids Dell can provide a variety of customized or standardized job aids, quick reference cards and course materials For more Information on Dell's Microsoft Training visit www.LeamDell.com/Microsoft NOTE: Dell Training and Certification Services detailed in this appendix are not included in this SOW and are available through a separate price quote, change order or separate SOW. DELL Date: 8/41114:33:14 PM QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: QUOTATION 593165436 41751599 48ABO DIR -SDD -890 -TX 8/4/11 CITY OF FORT WORTH Page 1 of 2 TOTAL QUOTE AMOUNT: $30,000.00 PHONE: 5125139093 Product Subtotal: $30,000.00 Phone Ext: 5139093 Tax: $0.00 Unit Price Total Shipping & Handling: $0.00 $9,040.00 $18,080.00 Shipping Method: I Groundl Total Number of System Groups: 0 SOFTWARE S ACCESSORIES Joanna Scott PHONE: 5125139093 Email Address: joanna_scott @dell.com Phone Ext: 5139093 Product Quantity Unit Price Total ProConsult -ICS Windows 7 Client Readiness Assessment L 10000 (908 -5679) 2 $9,040.00 $18,080.00 ProConsuk -ICS Windows 7 Client Readiness Assessment L 1000 (908 -5669) 5 $904.00 $4,520.00 ProConsuk -ICS Windows 7 Client Readiness Assessment L 100 (908 -5659) 3 $90.40 $271.20 ProConsult -ICS Windows 7 Client Readiness Assessment L 1 (908 -5639) 32 $0.90 $28.80 ProConsult -ICS Windows 7 Client Readiness Assessment E 100 (908 -5589) 71 $100.001 $7,100.00 Number of S $ A Items: 5 S &A Total Amount: $30,000.00 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.comlato (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 Terns and Conditions of Sale - Direct including Dell's U.S. Return Policy, at www.doll.com/returnpollcv*otal. If purchasing for resale, your order will be subject to Dell's Terns and Condition of Sale for Persons or Entities Purchasing to Resell, and other terms of Dell's PartnerDirect program at www.doll.com/uartner. If your order includes services, visit www.doll.com/servicecontracts for service descriptions and terms. Quote information is valid for U.S. customers and U.S. addresses only, and Is subject to change. Sales tax on products shipped is based on "Ship To" address, and for downloads Is based on Page 2 of 2 "Bill To" address. Please Indicate any tax - exempt status on your PO, and fax your exemption certificate, with seller listed as Dell Marketing L.P, to Dell's Tax Department at 800 - 433 -9023. Please Include your Customer Number. For certain products shipped to end -users in California, a State Environmental Fee will be applied. For Asset Recovery/Recycling Services, visit www.doll.com /assetrecovery. 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 18. Governina Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or In equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. Sianature Authority. By affixing a signature below, the person signing this Agreement hereby warrants that he/she has the legal authority to bind the respective party to the terns and conditions in this agreement and to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. ACCEPTED AND AGREED: CITY OF FORT WORTH: DELL MARKETING, L.P.: Y" y Pusip Alanis Name: Keon C. Robertson Assiftnt City M nager Title: Sr. Contracts Advisor Date: a-i ► I Date: November 4, 2011 ATTEST: By. -) City Secretary APPROVED AS YOTORM D LEGALITY: By: Assistant City Att may M & C: none required Dell Marketing, L.P. Network Access Agreement O ��f � �4 ivy o0� ► ° 9�0 o 9 0 %1. O e OOflOV R s S _,gyp' OFFICIAL RECORD CITY SECRETARY i FT. WORTH, TX Rev. I / 1 i 2011 MEMORANDUM OF INSURANCE 2/3 /2o 1 THIS MEMORANDUM OF INSURANCE 13 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 POLICY EFFECTIVE DATE 717 N. HARWOOD, LB#27 LIMITS DALLAS TX 75201 COMPANIES AFFORDING COVERAGE 214 -969 -6700 INSURED Dell Inc. and its Subsidiaries 1078875 Dell Marketing L.P. COMPANY A: New Hampshire Insurance Company COMPANY 8: National Union Fire Ins Co Pittsburgh PA Perot Systems Corporation 78682 One Dell Way - Round Rock TX 78682 COMPANY C: Insurance Com an of the State of PA COMPANY D: Commerce and industry Insurance Company COMPANY E: 3/1/2012 COVERAGES ULLHNU2F HI 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. C L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY E)RRATION DATE LIMITS GENERAL LIABILITY EACH OCCURENCE $ 1,000,000 D COMMERCIAL GENERAL LIABILITY OCURRENCE GL4406243 2/3/2011 3/1/2012 FIRE DAMAGE (Any one nn •S 1,000,000 MED EXP (Any one erson $ 5,000 GENT. AGO LIMIT APPLIES PER POLICY PERSONAL 3 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP/OP AGO S 5,000,000 B AUTOMOBILE LIABILITY ANY AUTO HIRED AUTOS CA4309394 2/3/2011 3/1/2012 COMBINED SINGLE LIMB (Es ace�nU $ 1'000'000 NON -OWNED AUTOS BODILY INJURY (Pa person) $ ) CICK)m BODILY INJURY (Per secld"t) $ � PROPERTY DAMAGE (Per aeefdent) $ XJC}QQQQ{ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXiIXXX NOT APPLICABLE OTHER THAN $ XXXXXXX AUTO ONLY: $ XXXXXXX B EXCESS LIABILITY GCCURENCE 15972756 2/3/2011 3/1/2012 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5.000.000 $ XXXOM $ xxxxx x $ XXX XXX `4 WORKERS COMPENSATION/ EMPLOYERS' LIABILITY WC061967310 AOS / 7314 TX 2/3/201 I 2/3/2012 WORKERS COMP LIMITS STATUTORY EL. EACH ACCIDENT Is 1,000 000 A WC06196731 I FL/ 7309 CA 2/3/2011 2/3/2012 A WC06 19673 1 3 (see below) 2/3/2011 2/3/2012 E.L. DISEASE - EA EMPLOYEE $ 1 000,000 C WC061967312 MA 2/3/2011 2/3/2012 E.L. DISEASE . POLICY LIMIT 3 1,000 000 ADDITIONAL INFORMATION *Workers' Compensation Policy # WC061%7313 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 bi: Auto) Blanket Waiver of Subrogation as required by contract or agreement. Primary and Non - Contributory Clause as required by contract. (General Liability bi: Auto) M &C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Far WORM COUNCIL ACTION: Approved on 10/25/2011 DATE: 10252011 REFERENCE NO.: "P -11313 LOG NAME: 13P11 -0344 DELL HARDWARE CBR CODE: P TYPE: COUNT PUBLIC NO HEARING: SUBJECT: Authorize Purchase Agreement with Dell Marketing, L.P., for Hardware, Software, Technology Services and Maintenance and Support Services for the Information Technology moons 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 Deg 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 De# Marketing, L.P., (Dell) for all City departments on as needed basis. ITS will also use this Agreement to purchase new equipment, maintenance, software, asset recovery services and support services for all City departments from departmental operating funds. ITS is working with each City department to replace only the most critically needed computers and servers in order to reduce the risk of disruption and lack of productivity due to equipment failure. The criteria for replacement systems include performance problems, obsolescence and unavailable or cost prohibitive replacement parts. Problems with the current hardware inchide 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 but 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 faced 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 onkm 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 Depertmoir t of Information Resources contract was http ://apps. cfwnet. org/council _packet/mc_review. asp' ?ll= 1592 1 &counci ldate= 10/25/2011 10/26/2011 M&C Review Page 2 of 2 competitively bid to increase and simplify the purchasing power of government entities. DIR issued a solicitation on the Comptroller Pubic Accounts' Electronic State Business Daily, Request for Offer (DIR -SDD -TMP -120, on April 1, 2008, for Dell- Branded Hardware Products and Related Services. M/WBE - A waiver of the goal for MNVBE subcontracting requirements was requested by the Purchasing Division and approved by the MMIBE Office because the purchase of goods or services is from sources where subcoftactinq or supplier opportunities are negligible. AGREEMENT TERM - Upon City Councirs approval, this Agreement shall begin on October 25, 2011 and expire on January 13, 2013, to align with the DIR contract. FISCAL INFORMATION/CERTIFICATtON- The Financial Management Services Director certifies that funds are available in the current operating budgets, as appropriated, of the participating departments. BQM11 -0344�CBR TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Managers Office by Originating Deoartrnent Head: Additional Information Contact: ATTACHMENTS Tom Higgins (6192) Lena Ellis (8517) Camilla Ryan (8321) Jack Date (8357) http: / /apps. cfwnet. org /council- packet/mc_ review. asp'? ID= 15921 &councildate-= 10/25/201 1 10/26/2011