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HomeMy WebLinkAboutContract 53772-A4CSC No. 53772-A4 AMENDMENT NO.4 TO CITY OF FORT WORTH CONTRACT 53772 This Fourth Amendment is entered into by and between the City of Fort Worth (hereafter 'Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and Carahsoft Technology Corporation ("Vendor"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on March 27, 2020, the Parties entered into City Secretary Contract 53772 to provide security monitoring services ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to add professional services at a one-time cost of $9,900.00. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS The Agreement is hereby amended to add Exhibit A-1 Carahsoft Quote 36189963 for professional services to train Zena Administrators and Operators at a one-time cost of $9,900.00. Amendment No. 4 will not impact the total contract price which shall remain an amount not to exceed $100,000.00. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Fourth Amendment to Fort Worth City Secretary Contract No. 53772 Page 1 of 12 ACCEPTED AND AGREED: CITY OF FORT WORTH: Vim- L),A--- By: Valerie Washington (Jan 13, 202316:06 CST) Name: Valerie Washington Title: Assistant City Manager Date: J a n 13, 2023 APPROVAL RECOMMENDED: By: Name: Kevin Gunn Title: Director, IT Solutions Department ATTEST: ood NO o a fFopr°°c By: Jannette S. Goodall (Jan 17, 2023 07:15 CST) TEXPsa4 °qa �a4a4 Name: Jannette Goodall Title: City Secretary VENDOR: Carahsoft Technology Corporation CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Steven Vandever (Jan 4, 2023 12:05 CST) Name: Steven Vandever Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Approved: N/A 1295: N/A ATTEST: By: /lam 1�7)mzt iL By: Name: Kristina Smith Name: Title: Contracts Director Title: Date: 01 /04/2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Fourth Amendment to Fort Worth City Secretary Contract No. 53772 Page 2 of 12 Exhibit A-1 CC ASG Technologies at Carahsoft carahsoft- �Jg 11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON, VIRGINIA 20190 PHONE (703) 871-8500 1 FAX (703) 871-8505 1 TOLL FREE (888) 66CARAH technologies" WWW.CARAHSOFT.COM I ASG@CARAHSOFT.COM TO: Kathy Agee -Dow City of Fort Worth 200 Texas St Fort Worth, TX 76102 USA EMAIL: Kathrynifgee-Dow@fortworthtexas.gov PHONE: (817) 392-8461 TERMS: DIR Contract No. DIR-TSO-4288 Expiration Date: February 21, 2025 FTIN:52-2189693 Shipping Point: FOB Destination Credit Canis: VISAMIasterCarcVAMEX Remit To: Same as Above Payment Terms: Net 30 (On Approved Credit) Texas VID#:1522189693700 Sales Tax May Apply LINE NO. PART NO. DESCRIPTION FROM: Hoai Vu Carahsoft Technology Corp. ASG Technologies Team 11493 Sunset Hills Road Suite 100 Reston, Virginia 20190 EMAIL: Hoai.Vu@Cafahsoft.cDm PHONE: (571) 662-3351 FAX: (703) 871-8505 QUOTE NO: 36189963 QUOTE DATE: 12109l2022 QUOTE EXPIRES: 1213112022 RFQ NO: SHIPPING: ESD TOTAL PRICE: $9,900.00 TOTAL QUOTE: $9,900.00 GA PRICE QUOTE PRICE CITY EXTENDED PRICE 1 ASGRacket-Zene Three (3) training days covering Zena $10,580.63 Administrator and Operator QUOTE TERMS —Pricing contingent on customer signing ASG/Racket SOW Number 116798- -Licensee agrees that any order for ASG Technologies licenses and support will be governed by the ASG EULA found at: https://static.camhsaft.com/concrete/files/89IS/9741/9493/GSA_Approved _SLA_for _ASG _Federa I. pd f Licensee acknowledges it has had the opportunity to review the Agreement, prior to executing an order SUBTOTAL: 9"nhIi_ir 9WT1A1 $9,900.00 TX DIR 1 $9,900.00 TOTAL PRICE $9,900.00 TOTAL QUOTE: $9,900.00 $9,900.00 OU13TF DATF- 17/n9/7n77 Fourth Amendment to Fort Worth City Secretary Contract No. 53772 Page 3 of 12 A fiRocket" aS9 company technologies® ZENA TRAINING Statement of Work Project No.: 116798 Issued for: City of Forth Worth 200 Texas Street Fort Worth TX 76102-6311 Author(s): Ravi Chivukula Version: [3] ASG Technologies Group Inc. 1 77 Fourth. Avenue, Waltham, Massachusetts 02451, USA I www.asg.com Fourth Amendment to Fort Worth City Secretary Contract No. 53772 Page 4 of 12 asig A 1111IRockef company Statement of Work #116798 ZENA TRAINING technologies® for City of Forth Worth Statement of Work 116798 1 Version 3 1 Client's Initials ASG Initials 9 December 20221 Page 2 of9 The information contained herein is considered confidential and proprietary and is produced solelyfor Client. Disclosure to others is expressly prohibited. Fourth Amendment to Fort Worth City Secretary Contract No. 53772 Page 5 of 12 asig A 1111IRockef company technologies® Date Name 9/19/2022 Nelson Alegre 9/20/2022 1 Nelson Alegre 12/09/2022 Nelson Alegre Statement of Work #116798 ZENA TRAINING for City of Forth Worth Change History Version 1: Document creation Version 2: Changing the number of pax to attend the training to 15 Version 3: Updated validity date Statement of Work # 116798 1 Version 3 1 Client's Initials ASG Initials 9 December 20221 Page 3 of9 The information contained herein is considered confidential and proprietary and is produced solelyfor Client. Disclosure to others is expressly prohibited. Fourth Amendment to Fort Worth City Secretary Contract No. 53772 Page 6 of 12 asig A 1111IRockef company Statement of Work #116798 ZENA TRAINING technologies® for City of Forth Worth Table of Contents 1 Services Description............................................................................................................................ 5 2 Deliverables.........................................................................................................................................5 3 Out of Scope........................................................................................................................................ 5 4 Project Management........................................................................................................................... 5 5 Client Responsibilities.......................................................................................................................... 6 6 Assumptions........................................................................................................................................6 7 Force Majeure Supplement Provisions regarding Covid-19 (the "Coronavirus") ............................... 6 8 Schedule.. ........ -----..... -- . ......... ......... .....8 9 Fees ...................................... ..... .--- ........... ....... . ......... :__.............. .......... 8 10 Travel and Related Expenses. ....... ..........._................... 8 11 Payment Schedule........................................................................................................................ 8 12 Client Contact and Purchase Order Number ....................................................................................... 8 13 Validity of Offer................................................................................................................................... 9 14 Signature .............................................................................................................................................. 9 Statement of Work 116798 1 Version 3 1 Client's Initials ASG Initials 9 December 20221 Page 4 of9 The information contained herein is considered confidential and proprietary and is produced solelyfor Client. Disclosure to others is expressly prohibited. Fourth Amendment to Fort Worth City Secretary Contract No. 53772 Page 7 of 12 asig A 111IRockef company technologies® Statement of Work #116798 ZENA TRAINING for City of Forth Worth ASG Technologies Group, Inc. ("ASG") and City of Forth Worth ("Client") hereby enter into this Statement of Work # 116798 as of this 9th day of December, 2022 ("Effective Date"). Client and ASG hereby agree and confirm that this Statement of Work shall be governed by and subject to the Master Services Agreement located at www.asg.com, as may be amended from time to time by ASG, in its sole and absolute discretion (the "Agreement"). This Statement of Work shall be an integral part of the Agreement as if fully incorporated therein, but only insofar as it relates to the Services referenced in this Statement of Work. In the event of inconsistency between this Statement of Work and the Agreement, the Agreement shall control unless this Statement of Work provides expressly and explicitly to the contrary. All other terms and conditions of the Agreement are confirmed and ratified and remain in full force and effect. 1 SERVICES DESCRIPTION The Client is facing challenges with Zena product knowledge and capabilities because of declining expertise. The Client has requested ASG to provide formal Zena training to their staff to increase their understanding of the product to help them manage and operate the product. The requested training is for up to 15 persons. 2 DELIVERABLES ASG will provide the following deliverables: Note: • 3- day session for Zena Administrator and Operator training • Project management and training preparation A detailed breakdown of the training session per day will be provided by the Client. 3 OUT OF SCOPE The following will not be delivered as part of the Services and shall be deemed out of scope: • Troubleshooting Client's issues during the training is out of scope. • Any other activity not stated in Service Description and Deliverables Sections is out of scope. 4 PROJECT MANAGEMENT Specific details of ASG Project Management shall be agreed upon between ASG and Client, in writing, during the project initiation. Statement of Work # 116798 1 Version 3 1 Client's Initials ASG Initials 9 December 20221 Page 5 of9 The information contained herein is considered confidential and proprietary and is produced solelyfor Client. Disclosure to others is expressly prohibited. Fourth Amendment to Fort Worth City Secretary Contract No. 53772 Page 8 of 12 asig A 111IRockef company Statement of Work #116798 ZENA TRAINING technologies® for City of Forth Worth 5 CLIENT RESPONSIBILITIES In addition to Client's other obligations under the Agreement, Client shall also be responsible for each of the following: • Provide advanced notice to changes in the scheduled training activities. For online training sessions, 24-hour notice is expected • Current Release. Client must have properly licensed from ASG all ASG software products for which the Training Services are to be provided. Further, Client must ensure that the designated release, as agreed upon and set forth in the applicable Statement of Work, of each such ASG software product is installed to allow for successful execution of laboratory and work sessions, unless ASG provides training sandboxes to be utilized during the training session(s) as specified in the applicable Statement of Work. • Students and Student Logon IDs. The number of students who have access to the Training Services shall not exceed the number specified in the applicable Statement of Work. The student logon IDs must have READ access to the ASG software products for which the Training Services are to be provided. Promptly following receipt of student logon IDs, Client shall have each student logon with the assigned student ID to ensure such READ access is enabled. • Training Information. ASG shall provide to Client, by email, information regarding the Training Services. Client must ensure that such information is forwarded to and received by the students to whom the Training Services are to be provided.. • Practical Knowledge. All students must have practical knowledge to support the ASG software products for which the Training Services are to be provided. Students must have the required background in the subject to be trained. For example, if a class involved custom coding, it is not required that the student(s) have extensive knowledge of the specific technology that is the subject of the training (e.g., REST API), but they must possess equivalent knowledge (e.g., Java, C, C++, Visual Basic, etc.) • Classroom Environment. ASG will provide the training environment where Zena products are installed. The trainings will be delivered remotely via presentation slides and live product demonstrations. 6 ASSUMPTIONS Working Day: Excluding weekends and local public holidays, a working day shall be from 09:00 to 18:00 Central . with a one -hour lunch break. Communications: All communications by and between ASG and Client shall be in English. Statement of Work # 116798 1 Version 3 1 Client's Initials ASG Initials 9 December 20221 Page 6 of9 The information contained herein is considered confidential and proprietary and is produced solelyfor Client. Disclosure to others is expressly prohibited. Fourth Amendment to Fort Worth City Secretary Contract No. 53772 Page 9 of 12 asig A 111IRockef company Statement of Work #116798 ZENA TRAINING technologies® for City of Forth Worth • Location for Work Effort: Unless otherwise specified and agreed to, all work is to be performed remotely. o Client resources who are to receive training under this SOW will be available as necessary. 7 FORCE MAJEURE SUPPLEMENT PROVISIONS REGARDING COVID-19 (THE "CORONAVIRUS") Customer and ASG acknowledge that the Coronavirus, has been declared a worldwide pandemic by the World Health Organization. It is both parties' understanding that the current ongoing situation can have a force majeure effect on either party under the Statement of Work by official authorities' measures for the preservation of public health and protection of lives. These are beyond the control of the parties. Customer and ASG therefore agree that during the continuation of the pandemic, either on a worldwide level, or the epidemic, impacting Customer's or ASG's locations: • To find mutually acceptable alternatives which facilitate the work via remote access or from the home - office; or • To postpone and reschedule any work to be performed at Customer's site using commercially reasonable efforts and at times reasonably acceptable to both parties; or • As a last measure, to cancel such work in accordance with the terms of the Statement of Work. • To implement reasonable and appropriate health and safety measures as advised by the official authorities in charge; • Upon written request and provided ASG's personnel presence at Customer's site is absolutely and strictly necessary, to undertake such health precautions to preserve the health and life of ASG's and Customer's personnel, as advised by the official authorities in charge. • On behalf of itself and its respective present and former parents, subsidiaries, affiliates, officers, directors, shareholders, managers, members, employees, successors and assigns (collectively, the "Releasors"), to hereby release, waive, discharge, and covenant not to sue the other party and its respective present and former parents, subsidiaries, affiliates, officers, directors, shareholders, managers, members, employees, successors and assigns (collectively, the "Releasees") from any and all liabilities, claims, actions, damages, costs or expenses of any kind arising, directly or indirectly , out of or related to any loss, damage, or injury, including death, that may be sustained related to the Coronavirus, whether caused by the actions, omissions, or negligence of the Releasees arising from this Statement of Work. In the event of a conflict between the terms and conditions of this Section and any other terms and conditions of this Statement of Work, the terms and conditions of this Section shall prevail. Statement of Work 116798 1 Version 3 1 Client's Initials ASG Initials 9 December 2022 I Page 7 of9 The information contained herein is considered confidential and proprietary and is produced solelyfor Client. Disclosure to others is expressly prohibited. Fourth Amendment to Fort Worth City Secretary Contract No. 53772 Page 10 of 12 asig A 1111IRockef company Statement of Work #116798 ZENA TRAINING technologies® for City of Forth Worth 8 SCHEDULE The Services are to commence on a date mutually agreeable to both parties ("Commencement Date"). The Commencement Date and project schedule must be agreed to in writing by both ASG and Client; this may occur subsequent to the execution of the Statement of Work. 9 FEES Fees for the Services are set forth in the quote from ASG's reseller, Carahsoft Technology Corp. Fees are based upon the information supplied by Client and the presumption of Client's adherence to the terms and conditions of this Statement of Work and the Agreement, with particular reference to the requirements and assumptions thereof. Failure by Client to adhere to the terms and conditions of this Statement of Work and the Agreement, with particular reference to the requirements and assumptions thereof, will result in an increase in Fees and expenses 10 TRAVEL AND RELATED EXPENSES Services shall be rendered remotely. 11 PAYMENTSCHEDULE These are prepaid services and will expire upon the completion of the Services as outlined in this Statement of Work or twelve (12) months from the signature date, whichever comes first. 12 CLIENT CONTACT AND PURCHASE ORDER NUMBER The Client Contact for this Statement of Work is set forth below: Name: Krishna mohan Gollamudi Phone: +1817-392-2895 Email Address: KrishnaMohan.Gollamudi@fortworthtexas.gov This Statement of Work is only valid in combination with the following Purchase Order: The Purchase Order must be issued to Carahsoft at: Carahsoft Technology Corp. 11493 Sunset Hills Rd Statement of Work # 116798 1 Version 3 1 Client's Initials ASG Initials 9 December 20221 Page 8 of9 The information contained herein is considered confidential and proprietary and is produced solelyfor Client. Disclosure to others is expressly prohibited. Fourth Amendment to Fort Worth City Secretary Contract No. 53772 Page 11 of 12 asig A i111Rockef company Statement of Work #116798 ZENA TRAINING technologies® for City of Forth Worth Reston, VA 20190-5230 USA Should a purchase order or similar document issued by Client contain additional or different terms and conditions than those stated in this Statement of Work, such terms and conditions shall be specifically disclaimed by ASG and shall not apply. 13 VALIDITY OF OFFER The offer represented by this Statement of Work shall be open for acceptance by Client until December 30, 2022 ("Validity Date"). The executed Statement of Work, together with a correct Client Purchase Order, must be received by ASG on or before the Validity Date or the allocated ASG resource(s) will be released. Signature, perceived to be authorized by Client on its behalf, shall indicate Client's acceptance of this Statement of Work and shall signify its authorization for ASG to proceed with the Services. 14 SIGNATURE IN WITNESS WHEREOF, the parties hereto have caused this Statement of Work # 116798 to be executed by their duly authorized representatives as of the Effective Date hereof. ASG TECHNOLOGIES By: GROUP,OF •WORTH By: Name: Ravi Chivukula Name: Valerie Washington Title: Director -Customer Solutions En&ineering Title: Assistant City Manager Date: Date: Statement of Work 116798 1 Version 3 1 Client's Initials ASG Initials 9 December 2022 I Page 9 of9 The information contained herein is considered confidential and proprietary and is produced solelyfor Client. Disclosure to others is expressly prohibited. Fourth Amendment to Fort Worth City Secretary Contract No. 53772 Page 12 of 12