HomeMy WebLinkAboutContract 56848 FART WORTH
CSC No.56848
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between
immixTechnology, Inc. ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule
municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A— Seller's Quote, Scope of Services or Purchase Order;
3. Exhibit B —GSA Schedule GS-35F-0265X;
4. Exhibit C—Conflict of Interest Questionnaire; and
5. Exhibit D—GS-35F-0265X Price List.
Exhibits A, B, C, and D which are attached hereto and incorporated herein, are made a part of
this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in
Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with
the provisions of this Agreement. Total payment made under this Agreement for the first year by City
shall be in the amount of One Hundred Thousand and 00/100 dollars ($100,000.00). Vendor shall not
provide any additional items or services or bill for expenses incurred for City not specified by this
Agreement unless City requests and approves in writing the additional costs for such services. City shall
not be liable for any additional expenses of Vendor not specified by this Agreement unless City first
approves such expenses in writing.
The term of this Agreement shall be for one-year beginning upon execution of this Agreement
and ending on March 2, 2022. City shall be able to renew this agreement for four(4) additional one-year
options by written agreement of the parties in accordance with GS-35F-0265X.
Vendor agrees that City shall,until the expiration of three(3)years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books,documents, papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows: OFFICIAL RECORD
Cooperative Agreement immixTechnology GS-35F-0265X CITY SECRETARY
FT. WORTH, TX
To CITY: To VENDOR:
City of Fort Worth immixTechnology, Inc.
Attn: Valerie Washington, Assistant City ATTN: Legal Department
Manager 8444 Westpark Dr., Suite 200
200 Texas Street McLean, VA 22102
Fort Worth, TX 76102-6314 Facsimile: 703-752-0613
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office
at same address
IP Indemnification. Vendor agrees to indemnify, defend, settle, or pay, at its own cost and
expense, including the payment of attorney's fees, any claim or action against the City for
infringement of any patent,copyright,trade mark,service mark,trade secret,or other intellectual
property right arising from City's use of the Deliverable(s), or any part thereof, in accordance
with the Agreement, it being understood that the agreement to indemnify, defend, settle or pay
shall not apply if City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and
expense of payment for claims or actions against the City pursuant to this section 8, Vendor shall
have the right to conduct the defense of any such claim or action and all negotiations for its
settlement or compromise and to settle or compromise any such claim; however, City shall have
the right to fully participate in any and all such settlement,negotiations, or lawsuit as necessary to
protect the City's interest, and City agrees to cooperate with Vendor in doing so.In the event City,
for whatever reason, assumes the responsibility for payment of costs and expenses for any claim
or action brought against the City for infringement arising under the Agreement, the City shall
have the sole right to conduct the defense of any such claim or action and all negotiations for its
settlement or compromise and to settle or compromise any such claim; however,Vendor shall fully
participate and cooperate with the City in defense of such claim or action. City agrees to give
Vendor timely written notice of any such claim or action,with copies of all papers City may receive
relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or
expenses shall not eliminate Vendor's duty to indemnify the City under the Agreement. If the
Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained
or, if as a result of a settlement or compromise, such use is materially adversely restricted,
Vendor shall, at its own expense and as City's sole remedy, either: (a)procure for City the right to
continue to use the Deliverable(s); or(b) modify the Deliverable(s)to make them/it non-infringing,
provided that such modification does not materially adversely affect City's authorized use of the
Deliverable(s); or(c) replace the Deliverable(s)with equally suitable,compatible, and functionally
equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the
foregoing alternatives is reasonably available to Vendor, terminate the Agreement, and refund all
amounts paid to Vendor by the City, subsequent to which termination City may seek any and all
remedies available to City under law.
Cooperative Agreement immixTechnology GS-35F-0265X Page 2 of 10
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
By: Valerie Washington(Dec 6,292112:31 CST) responsible for the monitoring and administration
Name: Valerie Washington of this contract, including ensuring all performance
Title: Assistant City Manager and reporting requirements.
Date: Dec 6,2021
APPROVAL RECOMMENDED: By: David Zellmer(Dec 3,202120:52 CST)
Name: David Zellmer
Title: Sr. IT Solutions Manager
By: APPROVED AS TO FORM AND LEGALITY:
Name: Kevin Gunn
Title: IT Solutions Director
ATTEST: By:
Name: Taylor Paris
Title: Assistant City Attorney
By: etteS.Goodall(Dec 6,2o2112: ST) CONTRACT AUTHORIZATION:
am e: Jannette Goodall 444b�nn4 M&C: N/A
bA' FORT dad
Title: City Secretary ��F°°°°°°°°°°�oddd
P~° 1. d
VENDOR: °` °_
PP o *dd
immixTechnology, Inc. adaa�nExASaa�
By: v�uL
Name: Vaughn Harman
Title: Sr. Director
Date: 12.2.2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Cooperative Agreement immixTechnology GS-35F-0265X
Exhibit A
immixTechnology, Inc. Sales Quotation
a bus IJ,&Y,it "i immix Group
Bret Belsher Contract No.: GS35F-OMX
City of Fort Worth 1515 11 TH AVE CAGE Code: 3CA29
Fort Worth,TA 76162 DUNS No.: 09.M&2374
PH:817392-2M9 TAX 109' 54-19126G8
bret.belsher@fortwvrthtexas.gov Terms: NET 30
FOB: Destination
uoteNumber: WO-125454- KMS Order Address:
acre Date: 1111512021 immixTechnology,Inc,
x iraWn Date: 111/2022 8444 Westpark Drive,Suite 200
McLean,VA 22102
PH:703-752-061 D FX'703.752.0511
3-T71ec21 99hnolo gy,Inc.Contact: Outsayma,Tony
8 To .Outsama immxgroup.com
FAanufac(urer Quote M FAanufacturerContact: Figueira,Mary
Manufacturer Ref#: 6104762 19739474655 Ma .Fi ueira Kronosxom
Please reference ImmixTechnology's'QUO"quote number and GovemmerR Contract number on any purchase orders issued against this quote-
PLEAS E DO NOT MAIL PURCHASE ORDERS VIA US POSTAL SERVICE.Please email purchase order to Irons@immixgroup.com
PLEASE REFERENCE THE'NET TERM5 ON THE PURCHASE ORDER.
Please include any tax-exempt certificates,where applicable.
Item Part Number Contract Trans Product Description nary Price Extended
Type Price
1 8800175-ODOGM GS-35F-D265X MNT Gold Maintcnancc for Workforce Timckeoper V8-per 550 $7.2600 $3,993.00
employee"TRUSTED PRODUCT"
Period of Performance:1/1/2022 to 12131 r2022.
2 SBM177-OOOGM GS-35F-02651t MNT Gold Maintenance for Worlfforce Employee V8.per I 5D0 1 $4.9200 52.460.00
employee'"TRUSTED PRODUCT'"
Period of Performance:1r112022 to 12131 r2O22.
3 88W173-0DOGM GS35F-D265X MNT I Gold Maintenance for Workforce Manager V8-per 1 50 1 $56.8800 52,844.OG
employee"TRUSTED PRODUCT"
Period of Performance:111/2D22 to 12r31 r2022.
4 8800185{3DOGM I GS-35F-0265x I MNT Gold Maintenance for Workforce Integration Manager 1 %0 $1.60G0 S880-W
V8-por employee'"TRUSTED PRODUCT
Period of Performance:Ill120n to 12r31 r2D22.
5 a80D187-00OGM GS35F-0265X MNT I Gold Maintenance for Workforce Mobile Employee V8 250 $0.9800 $245.00
per employee"TRUSTED PRODUCT'"
Period of Performance:1/1/2022 to 12131 Q022,
6 88G0188AODGM GS-35F-0265X MNT Gold Maintenance for Workforce Mobile Manager V8- 50 $7.9900 $3%.50
per employee"TRUSTED PRODUCT"
Period of Performance:11112M to 1213112022.
7 EDSU13SCRIP7ION GS-35F-0265]L TR I KnowledgePass Ed Services Subscription 400-15M 1 1 $1,77a.1600 51,778.16
-4DG-15M (POP 111122.12131122)'"TRUSTED PRODUCT"
SW MAINTENANCE $13,821.50
All Pricing information is confidential Paoe 1 of 2 Quote#QUO-1254354-N51-788
Cooperative Agreement immixTechnology GS-35F-0265X Page 4 of 10
TRAINING $1,778.16
Grand Total $12,899AG
I M9 M87-SI D 6104762
01101122-12131122
Subject to the Terms and Conditions of GSA MAS Contract Number GS 35F-0265X See GSA eLibrary:
http:llwww.gsa elibra ry.gsa.govfEli b Ma i nlh ome.do
Taxes:Sales tax shall be added at the time of an invoice,unless a copy of a valid tax exemption or resale certificate is provided.
All Purchase Orders must include: End User Name,Phone Number,Email Address,Purchase Order Number,Government Contract
Number or Our Quote Number,Bill-To and Ship-To Address(Cannot ship to a PO Box),Period of Performance(if applicable),and a
Signature of a duly Authorized Representative.
The identified line items are Trusted Products under the immixGroup Trusted Supplier Program.
immixGroup Trusted Supplier Program Policies,Commitments and Gu a ra ntee slWarranties.can be obtained at:
http:llwww.immixgroup.cornAipload ed F i I es)Tru sted-Suppl i er-Progra m_Guarantee-an d-Wa rranty.pdf
All Pricing irrFamatton is confidential Pa.Qe 2 of 2 Quote 9 QUO-1254354-N51_768
Cooperative Agreement immixTechnology GS-35F-0265X Page 5 of 10
Exhibit B
immixTechnology, Inc.
a subsidiary of O immixGroup
General Services Administration
Federal Suppj Service
Multole Award Schedule
uthoriZed Federal Soppy Schedule Pricelist
GS-35F D2G5X
Period Covered by Contract.•March 3, 2019 through Marcia 2, 2026.
Pricekst current tbrougb Modification #PO-2346 dated August 1 Z 2021.
Advantage°
www.gsaadvantage.gov
Cooperative Agreement immixTechnology GS-35F-0265X Page 6 of 10
immixTechnology, Inc.
a subsidiary of 0 im1Y)Mamw
GENERAL SERVICES ADAIINISTRATION TERMS AND CONDr110NS APPLICABLE TO PURCHASE
FEDERAL.SUPPLY SERVICE OF GII'ERAL-PURPOSE COMMERCIAL INFORMATION
►FUL77PLE AWARD SCHEDULE TECHNOLOGY TRAINING SUBCATEGORY,
AUTHORIZ D FEDERAL.SUPPLY SCHEDULE PRICE INFORMATION TECHNOLOGY TRAINING(SPECIAL ITEM
LIST NUMBER 611420)......................................................................1 S
On-lime access 10 contract ordering informudom,terms and TERMS AND CONDITIONS APPLICABLE TO PURCHASE
conditions.up-todweprwinq,and the option to create an OF GENERAL-PURPOSE COMMERCIAL INFORMATION
eleceranicdefivery order areavailaNe through C,Stf AdvantageNd9 TECHNOLOGY ELECTRONIC COMMERCE
a merardrrveac daur6ase system The INTERNETaddress GSA SUBCATEGORY,ELECTRONIC COMMERCE AND
Adtrmtame s) :n 77te V TER ET SUBSCRIPTION ION SERVICES(SPECIAL ITEM NUMBER
5415 T E C OM)................................... .........................................19
Caatmet Number. TERMS AND CONDITIONS APPLICABLE TO PURCHASE
GS-35F-0265X OF GENERAL-PURPOSE COMMERCIAL INFORMATION
TECHNOLOGY TELECOMMUNICATIONS SUBCATEGORY,
For more irefonnor iom on v?tkrlmgfrom Federal Supply Schedules WIRELESS MOBILITY SOLUTIONS(SPECIAL ITEM
rlmk on the FSS NUMBER 517312)......................................................................22
,gcJr®du[se lmtsom othl3p..s:I/xtiNu.pro.pma�hurdng- USA OOMMUNIENT TO PROMOTE SMALL BUSINESS
selling purchasing-prnRmrns/�su schedufrs.
PARTICIPATION PROCUREMENT PROGRAMS..................22
Contract Period, SUGGESTED FORMATS FOR BLANKET PURCHASE
March 3,201 I through March 2,2026 AGREEMENTS 23
Priceliat current through Modification#PO-2346 dated August 12, BASIC GUIDELINES FOR USING-CONTRACTOR TEAM
2021. ARRANGEMENTS"...................................................................23
ATTACHMENT A-CONTRACTOR SUPPLEMENTAL
Cantractar. PRIMIST INFORMATION AND TERMS.............................25
immixTechnology,Inc.
8444 Weslpark Drive,Suite 200
McLean,VA 22102 CUSTOMER INFORMATION
Phone: la.Table of awarded special Item number(&)with appropriate
703-752-0610 cross-reference to item descriptions and awarded price(s).
Ems INJU
-
GSAtesrr Cdimrnixgrouo.com 811212 Maintmanca ofEgaipme nt Rqudr Services andlor
Pasta
Webslta
511210 SvRware Licenses
homeillwww.immizerouo.comloortt vict-vehicWg�t-70=653[I
54151 Sattwsm Maim mmee Services
Business Ske' 518210C Claud and Cloud-Related IT Professional Services
Other than small
541519CDM Coulirrsaws Diailnostica and Mitigation(CDM)
TABLE OF CONTENTS Tools
611420 Information Technology Training
TERMS AND CONDITIONS APPLICABLE TO P[.IRCHASE 54151HOOM Eli trunic,Commerce and Subse i*=Services
OF GENERAL-PURPOSE COMMERCIAL INFORMATION
TECHNOLOGY HARDWARE SUBCATEGORY, 517312 Wirth&&Mobility Solutions
PURCHASING OF NEW ELECTRONIC EQUIPMENT 33411 Purchasing ofneweladrunie equipment
(SPINAL ITEM NUMBER 3341 I)................................ ............3
TERMS AND CONDIIIONS APPLICABLE TO PURCHASE Ib.Identification of the lowest pr€ccd model number sad
OF GENERAL-PURPOSE COMMERCIAL INFORMATION lowest unit price for that model for each special item number
TECHNOLOGY SOFTWARE SUBCATEGORY,SOFTWARE awarded in the coutract This pricy is the Government price
LICENSES(SPECIAL ITEM N IMHER 5112I0)AND based on a unit of one,exclusive of any quantityldollar volume,
SOFTWARE MAINTENANCE SERVICES(SPECIAL ITEM prompt payment,or any other concession affecting price.
NTUMBER 54151)...............................................................,...,.......b Those contracts that have unit prices based on the geographic
TERMS AND CONDITIONS APPLICABLE TO PURCHASE Incatian of the customer,should show the range of the lowest
OF GENERAL PURPOSE COMMERCIAL INFORMATION price and cite the ares3 to which the prices apply.
TECHNOLOGY SOLUTIONS SUBCATEGORY,CLOUD AND See atmchcd authorized price list-Auachn=t B
CLOUD-RELATED IT PROFESSIONAL SERVICES(SPECIAL,
TTF.M NUMBER 518210C).........................................................1 I le.IS the Contractor is propa sing hourly rates,a description of
TERMS AND CONDITIONS APPLICABLE TO PURCHASE all ca rrespon ding commercial job titles,cxpericnce,functional
OF GENERAL_PURPOSE COMMERCIAL INFORMATION reapomdtn7ity aad education for those types of employees or
TECHNOLOGY SOLUTIONS SUBCATEGORY, subcontractors who will perform services shall be provided.If
CONTINUOUS DIAGNOSTICS AND MITIGATION(CDM) hourly rates are not applicable,indicate"Not applicable"for
TOOLS(SPECIAL ITEM NUMBER 541519CDM)...................15 this item.
GS-35F-0265X www.inmlixe[nuo.iem Page I
Cooperative Agreement immixTechnology GS-35F-0265X Page 7 of 10
Exhibit C
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176.Local Government Code.by a vendor who pate Received
has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than die 711h business day after the data Hie vendor becomes aware of Facts that require the statement to be
fled. See Section 176.006(a-1).Local Government Coda.
A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An
offense under this section is a misdemeanor.
.1J Name of vendor who has a business relationship with local governmertfal entity.
2 El Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
Name of Officer
4 Describe each employment or other business relationship with the local government officer,or a family member of the
ofcer,as described by Section 17B.003(a)[2)[A), Also describe any family ralationship with the local government officer.
Complete subparts Aand B for each employment or business relationship described. Attach additional pages to this Form
Cif]as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income.
other than investment income,from the vendor?
Ll Yes " No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
El Yes E] No
$ Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
B
❑ Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts
as described in Section 176.003(a)(2)(9), excluding gifts described In Section 176.003(a-1).
7
Signature of vendor doing business with the governmental entity Data
Farm provided by Texas Ethics Commission www.athics.state.tx.us Revised 11130+2015
Cooperative Agreement immixTechnology GS-35F-0265X Page 8 of 10
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be tound at http:llwww.statutes.Iegis.state.tx.us'
Oocs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Govemmant Code S 176.003(a)(2)(A)and(6):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) acvntract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that-
() a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176,003(a)(2)(B),excluding any
gift described by Section 176.003(a-f);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member ,of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a IocaI government officer.
Farm provided by Texas Ethics Commission www.athics.stats.tx.us Revised IV3012Dt5
Cooperative Agreement immixTechnology GS-35F-0265X Page 9 of 10
Exhibit D
Price List
immixTechnology, Inc.
a suhsidlary of 0 ImmkGroW
ATTAC<UKF,YC 8
GOVFRNM ENr PRICE LISP
INSTRUCnON5:
To view the Governn rPrice Lrat far this contract,please follow the below itRL--
bgns:llwww.immixgrouo.olxnloon -vehic ylgxali�7a10 OXI
Seiert the specific manufacturer- The Government Price Last for that monufoclurer is found rtnder the"Contracts&Prirelistr"sectivn-
CS-35F-6265X www-immixgnup-oom Page CPL-I
Cooperative Agreement immixTechnology GS-35F-0265X Page 10 of 10