HomeMy WebLinkAboutContract 59078DocuSign Envelope ID: 2D7C8E14-44C5-4877-B6B8-A0229C28B236
CSC No. 59078
G'&ImrS
TECHNOLOGY SOLUTIONS
Managed Deployment Services
Statement of Work
By and Between
GTS Technology Solutions
9211 Waterford Centre Blvd. Ste. 275
Austin, TX 78758
And
City of Fort Worth
275 W. 13t" St.
Fort Worth, TX 76102
Phone: (817) 392-8955
Submission Date: October 25, 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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CONTENTS
Executivesummary.............................................................................................................................................3
Purpose......................................................................................................................................................................
3
Scope.........................................................................................................................................................................3
InScope.....................................................................................................................................................................3
Outof scope..............................................................................................................................................................6
Rolesand responsibilities....................................................................................................................................6
GTSwill perform the following..................................................................................................................................6
Customer will perform the following.........................................................................................................................6
Approach...................................................................................................................................................................6
Deliverables...............................................................................................................................................................7
Assumptions..............................................................................................................................................................7
Reportsand meetings................................................................................................................................................8
Periodof performance..............................................................................................................................................8
Pricing.................................................................................................................................................................8
Billing.........................................................................................................................................................................8
Paymentaddress.......................................................................................................................................................9
Projectacceptance..............................................................................................................................................9
Changemanagement.................................................................................................................................................9
Acceptance..............................................................................................................................................................10
Project completion criteria......................................................................................................................................10
Paymentterms........................................................................................................................................................10
Appendix a — change request form...................................................................................................................10
Termsand Conditions.......................................................................................................................................11
Authorization and Acceptance..........................................................................................................................12
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PURPOSE
GTS has been requested to provide the City of Fort Worth with managed deployment services for
approximately 1,300 devices for 500 laptops and 800 desktops.
SCOPE
This section articulates the activities and services that will be considered in scope for the Contractor team
during this project.
IN SCOPE
The following items are in scope during this Contract:
OFF -SITE
WAREHOUSING AND REDELIVERY OF NEW EQUIPMENT
Service Scope
• Provide warehouse local facility for receiving and storing systems in same State as Customer.
• Pricing will be based on a 30-day billing cycle on a per system basis.
• Confirm delivery locations, contacts, and schedule with customer Project Coordinator
• Sign out of equipment to be delivered.
• Deliver equipment to correct location — deliver inside to storage location, or desk side as
applicable.
• Truck with lift gate will be required.
• Secure acceptance documentation.
• Accept/cover risk of loss for systems while in Service Provider's possession.
• Equipment will be delivered to central area at each building for installation.
• Install services will be performed in conjunction with delivery services.
Service Specific Assumptions
• Additional charges apply per unit for any portion of 30 days and for each 30 days.
• Logistics reporting will be on a piece count basis.
• Boxes will be clearly labeled with appropriate customer delivery address.
• Order consolidation is part of this service.
ASSET TAGGING
Service Scope
• GTS provided asset tags (2), attach in Provider warehouse.
Service Specific Assumptions
• Asset tagging occurs in conjunction with warehouse service.
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• Asset tags affixed to legacy CPU and/or monitor will not be removed or installed under this scope
of work.
• Price does include the procurement of the asset tag.
IMAGING IN PROVIDER WAREHOUSE
Service Scope
• Image Customer -provided image via Provider Network
• Conduct basic functionality test to ensure image load success.
• Provider is not responsible for any issues arising from the functionality of the Customer's
software or network in the Customer's environment.
Service Specific Assumptions
• Assumes System being imaged is new Client System being installed under this SOW.
• Assumes image is < 15 GB
• Customer responsible for all licenses
ON -SITE
LAPTOP DEPLOYMENT SCHEDULING
• City of Fort Worth will supply GTS with Sign UP Genius credentials and information necessary to
create schedule
• GTS scheduler will send link to City of Fort Worth with timeslots to perform exchange of legacy
laptops
• Laptops will be deployed within 1 year from kickoff of project
DESKTOP DEPLOYMENT SCHEDULING
• City of Fort Worth will supply GTS with Sign UP Genius credentials and information necessary to
create schedule
• GTS will create a rollout schedule for desktops
• Desktops will be deployed within 1 year from kickoff of project
DATA MIGRATION VIA NETWORK
• Coordinate with CFW to schedule data migrations with end -users prior to installation date.
• Perform the data transfer between the legacy system and the new system via network
connection.
• The Data migration function will be performed by Provider technicians following detailed
instructions provided by Customer.
• Technician will launch scripts (developed in cooperation with customer IT team) to back up and
restore data.
• Technician will power on the new system and follow on -screen prompts to start the restore of
the backed -up data.
• The automated PC data and settings migration process will run.
• Confirm data migration completion via on -screen messaging; communicate errors to Program
Manager or designated lead.
• Customer is responsible for backing up data that is to be migrated. Provider is not responsible for
lost data.
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• Customer is responsible for ensuring end -user data to be migrated is stored in a designated
folder (e.g., "My Documents") and providing the storage location to GTS; or that end -user data to
be migrated has been documented in a mutually agreed technical specification.
• Data migration involves migrating Customer data files, not applications or programs, from a
Wintel to a Wintel platform. Other platform formats, such as Linux or MAC, approved as mutually
agreed in Addendum or Change Request.
• GTS assumes Customer does not have any security or domain restrictions preventing data
transfer.
PHYSICAL INVENTORY OF EQUIPMENT, PER PIECE
• Manual count of new and legacy devices
• Inventory for new and legacy devices will be managed within HEAT
DE -INSTALLATION OF LEGACY SYSTEM
• Disconnect the hardware components, network cable, and power cord for the Legacy System.
• Placing Legacy System components in boxes using packaging materials from the new Client
System or other materials supplied by Customer
• Moving the Legacy System to an on -site storage area designated by Customer in the deployment
building
• Moving all boxes, packaging materials and debris to a disposal area within the building where the
deployment services are provided
• Properly cleaning the installation area so it is returned to its original condition.
BASIC INSTALLATION SERVICE — CLIENT SYSTEM
• Unpacking new Client System from shipping boxes and inspecting components for any damage
• Verifying service tag for each new Client System against packing slip
• Move new equipment from central location to the end user desk side for desktop units.
• Move new equipment from central location to the City of Dallas designated staging area or end
user desk side.
• Organize Client System components and peripherals (e.g., keyboards, power supplies, mice, and
software) for deployment
• Plugging Customer -provided, certified network patch cables into new Client System
• Plugging all power cords into electrical sources
• Plugging network patch cables into existing certified network jacks
• Booting the new Client System and verifying network connection for Customer's network
connected devices
• Logging on to the new Client System using Customer -provided user ID and password
• Provide necessary cable management
• Configure IP Address
• Mapping up to two (2) network printers to each new Client System
• Reconnect and setup up to two (2) existing external peripherals to Client System.
• Connect Customer -provided peripheral cable to the new Client System (excludes configuration)
• Complete validation & function test as agreed to by both parties
• On site disposal of deployment related trash to in the immediate installation premises and
properly clean the installation area
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TRANSPORT LEGACY SYSTEMS FOR EOL PROCESS
• Transport Legacy Systems from installation site(s) to predefined location in accordance with the
Deployment Schedule
• Logistics reporting will be on a piece count basis.
OUT OF SCOPE
The following items are out of scope during this Contract:
• Installing any additional software once the devices have been imaged
• Providing anti -virus scans
• Any services not included in the In Scope section of this document
GTS WILL PERFORM THE FOLLOWING
• GTS will be responsible for accomplishing assigned activities within project scope and schedule
for the negotiated price.
• GTS will lead/develop requirements gathering sessions specific to document management and
workflow as needed with active participation from relevant staff.
• GTS will manage risks to ensure project quality and schedule adherence.
• GTS will provide a weekly status report to the CUSTOMER designated contact.
• GTS will appoint a program manager to communicate with CUSTOMER.
• GTS Program Manager will escalate issues and needed changes to CUSTOMER designated
contact as appropriate.
• GTS will review and acknowledge in writing CUSTOMER Computer usage, confidentiality, and
non -disclosure policies.
• GTS will invoice CUSTOMER upon completion and CUSTOMER acceptance of each deliverable.
CUSTOMER WILL PERFORM THE FOLLOWING
• CUSTOMER will be responsible for final acceptance of deliverables
• CUSTOMER will identify and assemble necessary CUSTOMER resources
• CUSTOMER will assist with budget and procurement issues, as needed.
APPROACH
GTS will take the following approach to deliver this project:
• Discover
• Assess existing state of PC refresh
• Confirm delivery locations
• Determine onsite contacts
• Design
• Create Project Plan for services
• Assign team leads and technicians for each location
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• Schedule Resources and Order Equipment
• Deliver
• Receive equipment at GTS Integration Facility
• Image, Asset Tag, and record units for delivery
DELIVERABLES
• The following deliverables will be developed during the term of the Contract.
No.
Deliverable
Description
Completion Criteria
Deployment
Report containing a list of all
Once units are deployed and
1
Signoff
asset tags and services tags
signoffs received
as well as the location that
the unit was delivered to
2
Deployment
Signoff sheet by onsite
Onsite contact signs document
Signoff
contact confirming deliver
and installation of units has
been completed
ASSUMPTIONS
• Customer is responsible for all software licenses.
• The Customer designated contact shall obtain and provide project requirements,
information, data, decisions, and approvals according to the project plan unless both
parties agree to a different response time and provided the information is available from
the customer.
• The customer and GTS will obtain an agreed upon hardware purchase schedule to limit
delays in project.
• The Customer shall provide GTS Project personnel with reasonable and safe access to the
project site and adequate office space, as required.
• Scope of this project is based on information gathered to -date and is subject to re-scoping
in the event additional tasks or technical issues arise. Any time spent beyond the projected
project hours will be billed to the customer at the project staff standard Time and Material
(T&M) hourly rate. Hourly work will not be performed without written approval from the
customer.
• Warehousing of customer's hardware is for a period not to exceed 30 days
• Additional charges apply per unit for any portion over 30 days and for each 30 days
• GTS project team assumes no responsibility for any application configurations malfunctions.
• An elevator shall be available to transport equipment between floors
• Services will be completed for a minimum of 1,500 devices.
If final deployment falls below 95% of expected devices GTS will require a Change Order
and pricing may be subject to change.
• Service Hours:
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• Business Hours — Monday through Friday 8:OOam to 5:00 pm local time (excluding
State of Texas and nationally -observed holidays).
• Outside Business Hours — (Monday — Friday) — (may incur an additional charge)
• Weekends — (may incur an additional charge)
• Holidays — (may incur an additional charge)
REPORTS AND MEETINGS
The Contractor assigned Project Manager will work with CUSTOMER's assigned personnel to create the
deliverables for this project.
• Contractor will document milestone completion status, issues, risks, and open action items
in weekly status reports to CUSTOMER
• Weekly status reports and associated information will be considered accepted by
CUSTOMER if not objected to in writing within 3 business days
• Contractor will conduct weekly project meetings with CUSTOMER
• Additional meetings may be requested by CUSTOMER or Contractor
• Contractor will conduct any meetings required to determine the best solution forward for
an issue or risk
PERIOD OF PERFORMANCE
The term of this contract begins upon full execution of this document and continues until project
completion. Contractor estimates it will take approximately 1 year to complete this project.
BILLING
The price for the Services to be performed by the Contractor, applicable cancellation and rescheduling
fees for the Services are listed below. GTS will bill monthly for installation services:
Price (ea.)
Extended
No.
Services
Qty
Price
1
Desktop/Laptop Managed
1,300
$183.46
$238,498
Deployment
Notes:
1. Travel: Based on the discussion during the scoping of this project, travel outside of the City of Fort
Worth area will not be required for project completion. Travel expenses are not included in the pricing
for this project
2. Delay of project: Delays in GTS deliverables by prerequisites owned or assigned to City of Fort Worth
personnel, e.g. delays in hardware purchasing, will be assessed a fee of $2,000 per week.
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3. Rescheduling: If any user reschedules more than one (1) time a rescheduling fee of $183.46 will be
applied for each reschedule.
4. Deployment Services: Milestones are considered all deployments completed by the end of the current
month. Deployment services are billed monthly.
PAYMENT ADDRESS
GTS Technology Solutions
DEPT. 6877
P.O. Box 660003
Dallas, TX 75266
CHANGE MANAGEMENT
General. Acceptance of any Equipment, Software, or Services shall be effective when the Designated
Customer Representative has accepted such Equipment, Software, or Service pursuant to the
Customer's Communication and Information Services Standard for Change Management
When GTS or Customer determines that a change is necessary to refine a process, procedure, or
specific responsibility identified in this SOW, the party proposing the change will document the
request using the change request form provided. The request will be presented in a change
management meeting where both parties will mutually agree to accept or reject the change request.
This change management meeting will be within 5 business days of the request. A conference call
between both parties that addresses the change request will be considered a change management
meeting as long as both parties are present.
The receiving party will review the proposed Change Request and determine whether the change is
acceptable or requires modifications. Both parties will review the proposed Change Request and will
(i) approve it, (ii) agree to further investigation, or (iii) reject it ("Change Management Process").
When the parties agree to the change, they will sign the Change Request, which upon signing by both
parties will constitute authorization to implement the change.
Acceptance. The Customer shall either accept or reject GTS's Services or Work Product within a
reasonable number of days from performance. For this Project SOW, Services or Work Product shall
be accepted or rejected within 25 days from performance. Services or Work Product will be deemed
acceptable to the Customer if it conforms in all material respects with Services described in this SOW.
GTS will have full responsibility for the deliverables and the tasks listed in this SOW.
All work products will be submitted to the Customer PM for acceptance and approval. The Customer
PM may request that a deliverable outline be submitted for approval prior to work commencing on
the deliverable. All correspondence and documentation will be delivered in both paper and electronic
format unless otherwise agreed to by GTS and the Customer designated contact.
The Customer will complete a review of each submitted deliverable within five workdays from the
date of receipt. Customer feedback which indicates revisions to a deliverable are required will be
addressed and re -submitted by GTS within ten workdays unless approval (in writing) for a different
length of time is obtained from the Customer PM or designate.
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The Customer will either accept or reject the GTS's Services or Work Product within a reasonable
number of days from performance. For this Project SOW, Services or Work Product will be accepted
or rejected within 5 days from performance completion date. Failure to provide acceptance or
rejection within 5 days will be considered acceptance of the deliverable.
If Customer gives notice of rejection, then GTS will have an additional ten (10) days, within which to
cure any deficiencies identified in writing by the Customer.
ACCEPTANCE
CUSTOMER shall either accept or reject the Contractor's Services or Work Product within a reasonable
number of days from performance. For this Project SOW, Services or Work Product shall be accepted
or rejected within 25 days from performance. Services or Work Product will be deemed acceptable to
CUSTOMER if it conforms in all material respects with Services described in this SOW.
• The Contractor will have full responsibility for the deliverables and the tasks listed in this
SOW.
• All work products will be submitted to the CUSTOMER designated contact for acceptance
and approval. The CUSTOMER may request that a deliverable outline be submitted for
approval prior to work commencing on the deliverable. All correspondence and
documentation will be delivered in both paper and electronic format unless otherwise
agreed to by the Contractor and the CUSTOMER designated contact.
• CUSTOMER will complete a review of each submitted deliverable within five workdays from
the date of receipt. CUSTOMER feedback which indicates revisions to a deliverable are
required will be addressed and re -submitted by the Contractor within ten workdays unless
approval (in writing) for a different length of time is obtained from the CUSTOMER
designate.
• CUSTOMER will either accept or reject the Contractor's Services or Work Product within a
reasonable number of days from performance. For this Project SOW, Services or Work
Product will be accepted or rejected within 5 days from performance completion date.
Failure to provide acceptance or rejection within 5 days will be considered acceptance of
the deliverable.
• If CUSTOMER gives notice of rejection, then the Contractor will have an additional ten (10)
days, within which to cure any deficiencies identified in writing by CUSTOMER.
PROJECT COMPLETION CRITERIA
The project will be considered complete when all deliverables described in the SOW have been
accepted and approved by the CUSTOMER designated contact.
PAYMENT TERMS
CUSTOMER agrees to be invoiced based on completion and acceptance of each deliverable. CUSTOMER
upon receipt of the invoice(s) agrees to a net payment term of (30) days.
Change# 001 Between: GTS CUSTOMER Priority (select one) Low, Medium, High
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Client Name Date
Change Manager Related Issue #
CONTACT INFORMATION
Prepared by
Phone Email
Change Owner
Phone Email
Client/Contractor
Contact
Phone Email
DESCRIPTION OF EXISTING STATE G
Details:
REQUESTED
CHANGE b
IMPACT 4
Cost
Schedule
Quality or
Quantity
Related SOW Section
Details:
IMPACT b
Details:
Total Cost of this
Change
Paid By 4
(keep all that
apply)
CUSTOMER
GTS
GTS
CUSTOMER
Signature
Signature
Name
Name
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This SOW has been proposed in accordance with contract DIR-CPO-4754 and shall comply with the
related Terms and Conditions as listed on the Texas Department of Information Resources website
By signing below, both GTS and the Customer agree to the Terms and Conditions of this SOW.
GTS Technology Solutions
DocuSigned by:
Signature:
Name: Tracie Simental
Title: GTS Technology Solutions
Date: 1/23/2023
City of Fort Worth
Sign atu re:Va lerie Washington (Mar 20, 202309:26 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: M a r 20, 2023
Upon execution, please submit signed document to Kristie.Dailous@sts-ts.com
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By:
Name
Title:
Kevin Gunn
Director, IT Solutions Department
Approved as to Form and Legality
By:
Name
Title:
Taylor Paris
Assistant City Attorney
Contract Authorization:
M&C: 23-0001
Approved: 1/10/2023
Form 1295: 2022-959637
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.
By:
Nam(
Title:
S, 72rat r
S.Trotter (Mar 8, 2023 10:42 CST)
Sallie Trotter
Assistant Director, IT Solutions
City Secretary
By:
Name
Title:
� .h1X�LluRY
Jannette Goodall
City Secretary
v0 FORT ,
° C
�o
Pv0 g=d
a� nFXp
°° ° p
a� Soap
Valid for thirty (30) days from submission date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID: 2D7C8E14-44C5-4877-B6B8-A0229C28B236
DocuSign Envelope ID: 2D7C8E14-44C5-4877-B6B8-A0229C28B236
ADDENDUM TO DEPLOYMENT MANAGED SERVICES STATEMENT OF WORK
BETWEEN
THE CITY OF FORT WORTH
AND
GTS TECHNOLOGY SOLUTIONS, INC
This Addendum to Deployment Managed Services Statement of Work ("Addendum") is
entered into by and between GTS Technology Solutions, Inc. ("Vendor") and the City of Fort
Worth ("City"), collectively the "parties."
The Contract documents shall include the following:
1. The Deployment Managed Services Statement of Work; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Managed Deployment
Services Statement of Work (collectively referred to herein as the "Agreement"), the parties
stipulate by evidence of execution of this Addendum below by a representative of each party duly
authorized to bind the parties hereto, that the parties hereby agree that the provisions in this
Addendum below shall be applicable to the Agreement as follows:
1. Term. The Agreement shall commence upon the date signed by the Assistant City
Manager below ("Effective Date") and shall expire March 5, 2024 ("Expiration Date"), unless
terminated earlier in accordance with the provisions of this Agreement or otherwise extended by
the parties. This Agreement may be renewed for two (2) additional one-year renewal periods at
the City's option, each a "Renewal Term." The City shall provide Vendor with written notice of
its intent to renew at least thirty (30) days prior to the end of each term.
2. Termination.
a. Convenience. Either City or Vendor may terminate the Agreement at any
time and for any reason by providing the other party with 30 days written notice of
termination.
b. Breach. If either party commits a material breach of the Agreement, the non -
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach ten (10) calendar days after
receipt of notice from the non -breaching party, or other time frame as agreed to by the
parties. If the breaching party fails to cure the breach within the stated period of time, the
non -breaching party may, in its sole discretion, and without prejudice to any other right
under the Agreement, law, or equity, immediately terminate the Agreement by giving
written notice to the breaching party.
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C. Fiscal Funding. Dut. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Vendor has received access to City information or data as a
requirement to perform services hereunder, Vendor shall return all City provided data to
City in a machine readable format or other format deemed acceptable to City.
3. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
4. Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
5. Linked Terms and Conditions. If the Agreement contains a website link to terms
and conditions, the linked terms and conditions located at that website link as of the effective date
of the Agreement shall be the linked terms and conditions referred to in the Agreement. To the
extent that the linked terms and conditions conflict with any provision of either this Addendum or
the Agreement, the provisions contained within this Addendum and the Agreement shall control.
If any changes are made to the linked terms and conditions after the date of the Agreement, such
changes are hereby deleted and void. Further, if Vendor cannot clearly and sufficiently
demonstrate the exact terms and conditions as of the effective date of the Agreement, all of the
linked terms and conditions are hereby deleted and void.
6. Insurance. The City is a governmental entity under the laws of the state of Texas
and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by
Governmental Units," is self -insured and therefore is not required to purchase insurance. To the
extent the Agreement requires City to purchase insurance, City objects to any such provision, the
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parties agree that any such requirement shall be null and void and is hereby deleted from the
Agreement and shall have no force or effect. City will provide a letter of self -insured status as
requested by Vendor.
7. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
8. Limitation of Liability and Indemnity. To the extent the Agreement, in any way,
limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party
harmless from damages of any kind or character, City objects to these terms and any such terms
are hereby deleted from the Agreement and shall have no force or effect.
9. 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
Addendum Page 3 of 15
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available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE
SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY.
10. Data Breach. Vendor further agrees that it will monitor and test its data
safeguards from time to time, and further agrees to adjust its data safeguards from time to
time in light of relevant circumstances or the results of any relevant testing or monitoring. If
Vendor suspects or becomes aware of any unauthorized access to any financial or personal
identifiable information ("Personal Data") by any unauthorized person or third party, or
becomes aware of any other security breach relating to Personal Data held or stored by
Vendor under the Agreement or in connection with the performance of any services
performed under the Agreement or any Statement(s) of Work ("Data Breach"), Vendor shall
immediately notify City in writing and shall fully cooperate with City at Vendor's expense
to prevent or stop such Data Breach. In the event of such Data Breach, Vendor shall fully
and immediately comply with applicable laws, and shall take the appropriate steps to remedy
such Data Breach. Vendor will defend, indemnify and hold City, its Affiliates, and their
respective officers, directors, employees and agents, harmless from and against any and all
claims, suits, causes of action, liability, loss, costs and damages, including reasonable
attorney fees, arising out of or relating to any third party claim arising from breach by
Vendor of its obligations contained in this Section, except to the extent resulting from the
acts or omissions of City. All Personal Data to which Vendor has access under the
Agreement, as between Vendor and City, will remain the property of City. City hereby
consents to the use, processing and/or disclosure of Personal Data only for the purposes
described herein and to the extent such use or processing is necessary for Vendor to carry
out its duties and responsibilities under the Agreement, any applicable Statement(s) of Work,
or as required by law. Vendor will not transfer Personal Data to third parties other than
through its underlying network provider to perform its obligations under the Agreement,
unless authorized in writing by City. Vendor's obligation to defend, hold harmless and
indemnify City shall remain in full effect if the Data Breach is the result of the actions of a
third party. All Personal Data delivered to Vendor shall be stored in the United States or
other jurisdictions approved by City in writing and shall not be transferred to any other
countries or jurisdictions without the prior written consent of City.
11. No Mandatory Arbitration. To the extent the Agreement requires mandatory
arbitration to resolve conflicts, City objects to these terms and any such terms are hereby deleted
from the Agreement and shall have no force or effect.
12. Insurance. Vendor agrees that insurance coverage provided to City by Vendor is
sufficient for purposes of the Agreement only.
13. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
Addendum Page 4 of 15
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14. Public Information. City is a government entity under the laws of the State of Texas
and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. To the extent the Agreement requires that City maintain records in violation of
the Act, City hereby objects to such provisions and such provisions are hereby deleted from the
Agreement and shall have no force or effect. In the event there is a request for information marked
Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of
Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
15. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control.
16. Network Access.
a. City Network Access. If Vendor, and/or any of its employees, officers,
agents, servants or subcontractors (for purposes of this section "Vendor Personnel"),
requires access to the City's computer network in order to provide the services herein,
Vendor shall execute and comply with the Network Access Agreement which is attached
hereto as Exhibit "A" and incorporated herein for all purposes.
b. Federal Law Enforcement Database Access. If Vendor, or any Vendor
Personnel, requires access to any federal law enforcement database or any federal criminal
history record information system, including but not limited to Fingerprint Identification
Records System ("FIRS"), Interstate Identification Index System ("III System"), National
Crime Information Center ("NCIC") or National Fingerprint File ("NFF"), or Texas Law
Enforcement Telecommunications Systems ("TLETS"), that is governed by and/or defined
in Title 28, Code of Federal Regulations Part 20 ("CFR Part 20"), for the purpose of
providing services for the administration of criminal justice as defined therein on behalf of
the City or the Fort Worth Police Department, under the Agreement, Vendor shall comply
with the Criminal Justice Information Services Security Policy and CFR Part 20, as
amended, and shall separately execute the Federal Bureau of Investigation Criminal Justice
Information Services Security Addendum. No changes, modifications, alterations, or
amendments shall be made to the Security Addendum. The document must be executed as
is, and as approved by the Texas Department of Public Safety and the United States
Attorney General.
17. Immigration Nationality Act. Vendor shall verify the identity and employment
eligibility of its employees who perform work under the Agreement, including completing the
Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under the Agreement. Vendor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Vendor
Addendum Page 5 of 15
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employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice
to Vendor, shall have the right to immediately terminate the Agreement for violations of this
provision by Vendor.
18. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is
for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with
Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor
certifies that Vendor's signature provides written verification to City that Vendor: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
19. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable
advance notice of intended audits.
20. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,
R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that
has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City
with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms "boycott energy company"
and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor
certifies that Contractor's signature provides written verification to the City that Contractor: (1)
does not boycott energy companies; and (2) will not boycott energy companies during the term of
this Agreement.
21. Prohibition on Discrimination Against Firearm and Ammunition Industries.
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited
from entering into a contract for goods or services that has a value of $100,000 or more that is to
be paid wholly or partly from public funds of the City with a company with 10 or more full-time
Addendum Page 6 of 15
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employees unless the contract contains a written verification from the company that it: (1) does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the contract against a
firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm
trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor
certifies that Contractor's signature provides written verification to the City that Contractor: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm entity
or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
22. Insurance.
22.1 The Vendor shall carry the following insurance coverage with a company that is
licensed to do business in Texas or otherwise approved by the City:
22.1.1 Commercial General Liability:
22.1.1.1 Combined limit of not less than $2,000,000 per occurrence;
$4,000,000 aggregate; or
22.1.1.2 Combined limit of not less than $1,000,000 per occurrence;
$2,000,000 aggregate and Umbrella Coverage in the amount of
$4,000,000. Umbrella policy shall contain a follow -form
provision and shall include coverage for personal and advertising
inj ury.
22.1.1.3 Defense costs shall be outside the limits of liability.
21.1.2 Statutory Workers' Compensation and Employers' Liability Insurance
requirements per the amount required by statute.
22.1.3 Technology Liability (Errors & Omissions)
22.1.3.1 Combined limit of not less than $2,000,000 per occurrence;
$4million aggregate or
22.1.3.2 Combined limit of not less than $1,000,000 per occurrence;
$2,000,000 aggregate and Umbrella Coverage in the amount of
$4,000,000. Umbrella policy shall contain a follow -form
provision and shall include coverage for personal and advertising
injury. The umbrella policy shall cover amounts for any claims
Addendum Page 7 of 15
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not covered by the primary Technology Liability policy. Defense
costs shall be outside the limits of liability.
22.1.3.3 Coverage shall include, but not be limited to, the following:
22.1.3.3.1 Failure to prevent unauthorized access;
22.1.3.3.2 Unauthorized disclosure of information;
22.1.3.3.3 Implantation of malicious code or computer virus;
22.1.3.3.4 Fraud, Dishonest or Intentional Acts with final
adjudication language;
22.1.3.3.5 Intellectual Property Infringement coverage,
specifically including coverage for intellectual
property infringement claims and for
indemnification and legal defense of any claims of
intellectual property infringement, including
infringement of patent, copyright, trade mark or
trade secret, brought against the City for use of
Deliverables, Software or Services provided by
Vendor under this Agreement;
22.1.3.3.6 Technology coverage may be provided through an
endorsement to the Commercial General Liability
(CGL) policy, a separate policy specific to
Technology E&O, or an umbrella policy that picks
up coverage after primary coverage is
exhausted. Either is acceptable if coverage meets
all other requirements. Technology coverage shall
be written to indicate that legal costs and fees are
considered outside of the policy limits and shall not
erode limits of liability. Any deductible will be the
sole responsibility of the Vendor and may not
exceed $50,000 without the written approval of the
City. Coverage shall be claims -made, with a
retroactive or prior acts date that is on or before the
effective date of this Agreement. Coverage shall
be maintained for the duration of the contractual
agreement and for two (2) years following
completion of services provided. An annual
certificate of insurance, or a full copy of the policy
if requested, shall be submitted to the City to
evidence coverage; and
22.1.3.3.7 Any other insurance as reasonably requested by
Addendum Page 8 of 15
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City.
22.2 General Insurance Requirements:
22.2.1 All applicable policies shall name the City as an additional insured thereon,
as its interests may appear. The term City shall include its employees,
officers, officials, agents, and volunteers in respect to the contracted services.
22.2.2 The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of the City of Fort Worth.
22.2.3 A minimum of Thirty (30) days' notice of cancellation or reduction in limits
of coverage shall be provided to the City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to
the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth,
Texas 76102, with copies to the City Attorney at the same address.
22.2.4 The insurers for all policies must be licensed and/or approved to do business
in the State of Texas. All insurers must have a minimum rating of A- VII in
the current A.M. Best Key Rating Guide, or have reasonably equivalent
financial strength and solvency to the satisfaction of Risk Management. If
the rating is below that required, written approval of Risk Management is
required.
22.2.5 Any failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
22.2.6 Certificates of Insurance evidencing that the Vendor has obtained all required
insurance shall be delivered to and approved by the City's Risk Management
Division prior to execution of this Agreement.
(signature page follows)
Addendum Page 9 of 15
DocuSign Envelope ID: 2D7C8E14-44C5-4877-B6B8-A0229C28B236
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
& MkzG '
By: Valerie Washington (Mar 20, 2023 09:26 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: M a r 20, 2023
Vendor: GTS Technology Solutions Inc.
DocuSigned by:
F� S at
By:
Name: n a
Title: GTS Technology solutions
Date: 1/23/2023
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By:
Name: Kevin Gunn
Title: Director, IT Solutions Department
Approved as to Form and Legality:
By:
Name:
Title:
Taylor Paris
Assistant City Attorney
Contract Authorization:
M&C: 23-0001
Approved: 1/10/2023
Form 1295: 2022-959637
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.
S r-aff-e-r
By: S.Trotter (Mar 8, 202310:42 CST)
Name: Sallie Trotter
Title: Assistant Director, IT Solutions
City Secretary:
By:
Name
Title:
Jannette S. Goodall
Acting City Secretary
Addendum Page 10 of 15
DocuSign Envelope ID: 2D7C8E14-44C5-4877-B6B8-A0229C28B236
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 organized under the laws of
the State of Texas, and GTS Technology Solutions, Inc. ("Vendor").
1. The Network. The City owns and operates a computing environment and network
(collectively the "Network"). Vendor wishes to access the City's network in order to provide
Managed deployment services for laptops and desktop PCs. In order to provide the necessary
support, Vendor needs access to Internet and Intranet ITSM System (the "Services").
2. Grant of Limited Access. Vendor is hereby granted a limited right of access to the
City's Network for the sole purpose of providing the 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 Vendor with Network Credentials
consisting of user IDs and passwords unique to each individual requiring Network access on behalf
of the Vendor. 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. Otherwise, access
rights will automatically expire one (1) year from the date of this Agreement ("Expiration Date").
❑ Services are being provided in accordance with City Secretary Contract No.
("Contract")
❑ Services are being provided in accordance with City of Fort Worth PeopleSoft Contract
No. . ("PSK #")
® Services are being provided in accordance with the Agreement to which this Access
Agreement is attached. ("Contract")
❑ No services are being provided pursuant to this Agreement.
4. Renewal. This Agreement shall renew in accordance with the term of the Contract
or PSK #. If there is no Contract or PSK #, this Agreement may be renewed annually by City, in
its sole discretion, at the end of the Expiration Date and each renewal term thereafter.
Notwithstanding the scheduled contract expiration or the status of completion of services,
Vendor shall provide the City with a current list of officers, agents, servants, employees or
representatives that require 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. Vendor officers, agents, servants, employees or
representatives may not share the City -assigned user IDs and passwords. Vendor acknowledges,
Addendum Page 11 of 15
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agrees and hereby gives its authorization to the City to monitor Vendor's use of the City's Network
in order to ensure Vendor's compliance with this Agreement. A breach by Vendor, its officers,
agents, servants, employees or representatives, of this Agreement and any other written
instructions or guidelines that the City provides to Vendor pursuant to this Agreement shall be
grounds for the City immediately to deny Vendor access to the Network and Vendor'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. In addition to the other rights of termination set forth herein, the City
may terminate this Agreement at any time and for any reason with or without notice, and without
penalty to the City. Upon termination of this Agreement, Vendor agrees to remove entirely any
client or communications software provided by the City from all computing equipment used and
owned by the Vendor, its officers, agents, servants, employees and/or representatives to access the
City's Network.
7. Information Security. Vendor 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. Vendor 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 Vendor -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. VENDOR SHALL BE LIABLE
AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY
ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY
DAMAGES THAT VENDORMAY INCUR AS A RESULT OF THE CITY'S
RESTRICTIONS TO OR DENIAL OF ACCESS TO VENDOR'S DATA ON ACCOUNT
OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES
TAKEN BY THE CITY. IN ADDITION, VENDORSHALL BE LIABLE AND
RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS
AND JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS
OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. VENDOR, AT VENDOR'S
OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD
HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES
FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO
THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR
Addendum Page 12 of 15
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OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
9. Confidential Information. Vendor, for itself and its officers, agents, employees,
and representatives, agrees that it shall treat all information provided to it by the City as
confidential and shall not disclose any such information to a third party without the prior written
approval of the City. Vendor further agrees that it shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise
corrupt City Information in any way. Vendor shall notify the City immediately if the security or
integrity of any City information has been compromised or is believed to have been compromised.
10. Right to Audit. Vendor agrees that the City shall, during the initial term, any
renewal terms, and until the expiration of three (3) years after termination or expiration of this
contract, have access to and the right to examine at reasonable times any directly pertinent books,
data, documents, papers and records, both hard copy and electronic, of the Vendor involving
transactions relating to this Agreement. Vendor agrees that the City shall have access during
normal working hours to all necessary Vendor facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this
section. The City shall give Vendor reasonable advance notice of intended audits. Vendor further
agrees to include in all its subcontractor agreements hereunder a provision to the effect that the
subcontractor agrees that the City shall, during the initial term, any renewal terms, and until
expiration of three (3) years after termination or expiration of the subcontract, have access to and
the right to examine at reasonable times any directly pertinent books, data, documents, papers
and records, both hard copy and electronic, of such subcontractor involving transactions related
to the subcontract, and further that City shall have access during normal working hours to all
subcontractor facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor
reasonable notice of intended audits.
11. Agreement Cumulative. This Agreement is cumulative of and in addition to any
written contracts, agreements, understandings or acknowledgments with the City signed by
Vendor. This Agreement and any other documents incorporated herein by reference constitute the
entire understanding and Agreement between the City and Vendor as to the matters contained
herein regarding Vendor'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 Vendor.
13. Assignment. Vendor 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.
Addendum Page 13 of 15
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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.
16. Governing Law / Venue. This Agreement shall be construed in accordance with
the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought
on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division.
17. Signature Authority. By affixing a signature below, the person signing this
Agreement hereby warrants that he/she has the legal authority to bind the respective party to the
terms and conditions in this agreement and to execute this Agreement on behalf of the respective
party, and that such binding authority has been granted by proper order, resolution, ordinance or
other authorization of the entity. The other party is fully entitled to rely on this warranty and
representation in entering into this Agreement.
[Signature Page Follows]
Addendum Page 14 of 15
DocuSign Envelope ID: 2D7C8E14-44C5-4877-B6B8-A0229C28B236
Executed effective as of the date signed by the Assistant City Manager below.
FORT WO TH:
City of Fort Worth
I�wlc�
Valerie Washington (Mar20, 202309:26 CDT)
By:
Name: Valerie Washington
Title: Assistant City Manager
Date: M a r 20, 2023
Approval Recommended:
By:
Name: Kevin Gunn
Title: Director, IT Solutions Department
Attest:
By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
GTS Technology Solutions Inc.
DocuSigned by:
By:
.� Sou
Tr�ttT
Name: to
Title: GTS Technology solutions
Date: 1/2 3/202 3
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.
S. 7-rader
By: S.Trotter (Mar 8, 202310:42 CST)
Name: Sallie Trotter
Title: Assistant Director, IT Solutions
Approved as to Form and Legality:
By:
Name
Title:
Taylor Paris
Assistant City Attorney
Contract Authorization:
M&C: 23-0001
Approved: 1/10/2023
Form 1295: 2022-959637
Addendum Page 15 of 15
M&C Review Page 1 of 2
Official site of the City of Fort Worth, Texas
ACITY COUNCIL AGEND FORT W1
Create New From This M&C
DATE: 1/10/2023 REFERENCE **M&C 23- LOG NAME: 04GTS TECHNOLOGY
NO.: 0001 SERVICES
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of an Ageement with GTS Technology
Solutions, Inc., for the Information Technology Solutions Department,
Using State of Texas Department of Information Resources Cooperative
Contract DIR-CPO-4754 in an Annual Amount Up To $238,498.00 with
Two Annual Renewal Options
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an agreement with
GTS Technology Solutions, Inc. for the Information Technology Solutions Department
using State of Texas Department of Information Resources Cooperative Contract
DIR-CPO-4754, in an annual amount up to $238,498.00 with two annual renewal
options.
DISCUSSION:
The Information Technology Solutions (ITS) Department will use these purchase Agreements for
technology services to include configuring and deploying new and replacement desktop/laptop
hardware to all City departments using State of Texas Department of Information Resources (DIR)
contract DIR-CPO-4754.
Texas DIR cooperative agreements are authorized to offer the Cooperative Purchasing Program to
state agencies, public institutions of higher learning, public school districts and local governments.
Pursuant to state law, a local government that purchases goods or services under the Interlocal
Cooperation Act satisfies otherwise applicable competitive bidding requirements.
PRICE ANALYSIS - The Texas Department of Information Resources Contracts (DIR) offer
discounted pricing. Staff has 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 the purchase of items. DIR Contracts are competitively bid to increase and
simplify the purchasing power of government entities.
SUCCESSOR CONTRACTS: In the event the Texas Department of Information Resources (DIR)
agreement is not renewed, staff would cease purchasing at the end of the last purchase agreement
coinciding with a valid DIR agreement. If the City Council were to not appropriate funds for a future
year, staff would stop making purchases when the last appropriation expires, regardless of whether
the then -current purchase agreement has expired.
The City will initially use the DIR contract to make purchases authorized by this Mayor and Council
Communication (M&C). The Cooperative Contract is set to expire March 05, 2026. If DIR-CPO-
4754 is extended, this M&C authorizes the City to purchase similar equipment and supplies under the
extended contract. If DIR-CPO-4754 is not extended but DIR executes a new cooperative contract
with Carahsoft Technology Corporation and with substantially similar terms, this M&C authorizes the
City to purchase the services under the new DIR contract. If this occurs, in no event will the City
continue to purchase services under the new agreement for more than five (5) years without seeking
Council approval.
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M&C Review Page 2 of 2
BUSINESS EQUITY: A goal is not assigned when purchasing from an approved purchasing
cooperative or public entity.
AGREEMENT TERM: Upon City Council approval, the Agreement will become effective and expire
March 05, 2024 in accordance with the DIR contract. The agreement may be renewed on an annual
basis thereafter.
RENEWAL OPTIONS: This agreement may be renewed up to two one-year renewal terms at the
City's option. This action does not require specific City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms.
ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
Funding is budgeted in the Other Contractual Services account within the Information Technology
Solutions Department's Info Technology Systems Fund
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budget, as previously appropriated, in the Info Technology Systems Fund. Prior to
an expenditure being incurred, the Information Technology Solutions Department has the
responsibility to validate the availability of funds.
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID I Year (Chartfield 2)
FROM
Fund Department Account I Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Valerie Washington (6192)
Originating Department Head: Kevin Gunn (2015)
Additional Information Contact: Kevin Gunn (2015)
ATTACHMENTS
04GTS TECHNOLOGY SERVICES funds availability. pdf (CFW Internal)
FID Template GTS.xlsx (CFW Internal)
Form 1295 Certificate 100983326.pdf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30629&councildate=1/10/2023 1/16/2023