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Home My WebLink AboutContract 59552DocuSign Envelope ID: 6EA383F9-C106-46AC-B6F2-OAOBC6F76BO2 FORT WORTH CSC No. 59552 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement') is entered into by and between ePlus Technology, 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 — TIPS Cooperative Agreement 230105 Pricing Index; 3. Exhibit B — TIPS 230105 Cooperative Agreement; and 4. Exhibit C — Conflict of Interest Questionnaire. Exhibits A, B, and C 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 pricing index in Exhibit A and the provisions of this Agreement. Total payment made annually under this Agreement by Buyer shall not exceed the amount of Eleven Million Two Hundred Thousand and 00/100 ($11,200,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by Exhibit A and this Agreement unless City requests and approves in writing the additional costs for such items, services, and/or expenses. 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 effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and ending on May 31, 2024, City shall be able to renew this agreement for four (4) one-year options by written agreement of the parties. 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 CITY SECRETARY Cooperative Purchase Page 1 of 9 FT. WORTH, TX DocuSign Envelope ID: 6EA383F9-C106-46AC-B6F2-OAOBC6F76BO2 To CITY: To ePlus Technology, Inc.: City of Fort Worth ePlus Technology, Inc. Attn: Valerie Washington, Assistant City ATTN: Legal Department Manager 13595 Dulles Technology 200 Texas Street Drive Fort Worth, TX 76102-6314 Herndon, VA 20171 Facsimile: (817) 392-8654 Facsimile: N/A With copy to Fort Worth City Attorney's Office Email: legalnotices@eplus.com 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, 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. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY. Cooperative Purchase Page 2 of 9 DocuSign Envelope ID: 6EA383F9-C106-46AC-B6F2-OAOBC6F76BO2 Data Breach. Vendor further agrees that it will monitor and test its data safeguards from time to time, and 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. No Bovcott 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. Prohibition on Bovcotting Enerv 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. Cooperative Purchase Page 3 of 9 DocuSign Envelope ID: 6EA383F9-C106-46AC-B6F2-OAOBC6F76BO2 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 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 sig-nature 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. Cooperative Purchase Page 4 of 9 DocuSign Envelope ID: 6EA383F9-C106-46AC-B6F2-OAOBC6F76BO2 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: Valerie Washington (Jun 6, 2023 13:48 CDT) By: Name: Valerie Washington Title: Assistant City Manager Date: Jun 6, 2023 APPROVAL RECOMMENDED: By: Name: Kevin Gunn Title: IT Solutions Director 4.p444Ln� ATTEST: p�� op oo- 9 o .—o o-+o 0vo o=d o°Q a °��d a °° °° d By: Name: Jannette Goodall Title: City Secretary 1I m- IZ1)� ePlus Technology, Inc. By: LDocuSig ned by: Vt6 �l G( oU tln 'f oii6 Laugh] i n Title: Senior VP Contracts Date: 6/2/2023 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. Bobby Lee (Jun 2, 2023 17:10 PDT) By: Name: Bobby Lee Title: Sr. IT Solutions Manager FR99Z/lT/117%V111111M7uF:W17Q111f.3 Y11'ii ell` By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0061 Approved Date: 02/14/2023 Form 1295: 2022-966298 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cooperative Purchase Page 5 of 9 DocuSign Envelope ID: 6EA383F9-C106-46AC-B6F2-OAOBC6F76BO2 Exhibit A Cooperative Agreement Pricing Index Option 1 - Discount -Off Catalog XlethodW This goods items pricing proposal method is highly preferred over the Cost -Plus Markup Method' because it is versatile and allows Vendor to efficiently add and update its goods items pricing and does not automatically prohibit federal fund purchases. Vendor is asked in the attribute questions within the eBid System to propose a minimum discount off of their catalog pricing. Any discount from 0% to 100% is an appropriate response. Then, under this pricing proposal method, Vendor is permitted to provide its `Catalog Pricing" to TIPS in a number of ways, described in Section "A" and Section'B" below. Vendor's minimum discount will always be applied to TIPS "Catalog Pricing" provided herein. SEMON "A" - Providing -`Catalog Pricing' through Line -Item Pricing If Vendor desires to list the "catalog pricing" of goods items that you sell by line -item, you are welcome to do so herein Section "A' of Pricing Form 1. You are welcome to modify the columns and column titles as long as TIPS can identify the item's name and `catalog price.' Please note that if you are awarded with this type of pricing submission, you will be able to update the pricing and addremove items within the oatagory as long as you honor any applicable discounts originally proposed. Specific discounts offered for any brand or item Units description - MSHP or % I IPS Product Name Product # Description (each, dozen, hour, Catalog Discoun Price Example 1= Widget A 12345AB gadget part $100.00 15.007 S05.00 see Acme catalog located All Acme products see Acme Example 2: All Acme Product Line at rrr.Acme.com available from our catalog 10.007 comoanu located at Catalog pricing to be All Acme products Catalog Example 3= All Acme Product Line provided upon request available from our pricing to be 10.007 comoanu provided Insert Line -items below this line You may add cells as needed Units description - MSRP or % TIPS Product Name Product # Description [each, dozen, hour, dag. Catalog Discount Price etc] Pricing All Abnormal products and Abnormal All products and maintenance maintenance available from our each 2%-10% company All Acronis products and 1 00% - Acronis All products and maintenance maintenance available from our each company 10 00% All Alert Logic products and Alert Logic All products and maintenance maintenance available from our each 2/-10''/ com nu All A products and APC All products and maintenance maintenance available from our each 10 00/ comoanu All Aruba products and 00 - Aruba All products and maintenance maintenance available from our each comoanu 3800% All Barracuda products and Barracuda All products and maintenance maintenance available from our each 5%-15% comoanu All BeyondTrust products and 1 00% - BeyondTrust All products and maintenance maintenance available from our each 10 00/ comoans All BinarySefense products Binary Defense All products and maintenance and maintenance available each 21-10Y from our comoanyi All BitLocker products and BitLocker All products and maintenance maintenance available from our each 2%-10''/ com an All Bit ig t products and Bitsight All products and maintenance maintenance available from our each 2%-10% com anu All B ue Cat products and Cooperative Purchase Page 6 of 9 DocuSign Envelope ID: 6EA383F9-C106-46AC-B6F2-OAOBC6F76B02 Exhibit B TIPS -USA AWARDED CONTRACTS "View EDGAR Doc" on Website Contract Comodity 230105 Technology Solutions Products and Services CONTACTS BY CONTRACTS Bob Gomez Doug Hollenshead Sales Director (817) 610-1160 RVP Sales (817) 610-1124 Exp Date EDGAR 0513112029 See EDGAR Certification Doc- bob.gomez@eplus.com doug.holEenshead epjus.com Cooperative Purchase Page 7 of 9 DocuSign Envelope ID: 6EA383F9-C106-46AC-B6F2-OAOBC6F76BO2 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 Date 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 the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor J Name of vendor who has a business relationship with local governmental entity. J 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.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ 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? F]Yes E-] 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? F] Yes 71 No J 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. J ❑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)(B), excluding gifts described in Section 176003(a-1). J Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www ethics.state tx us Revised 11/30/2015 Cooperative Purchase Page 8 of 9 DocuSign Envelope ID: 6EA383F9-C106-46AC-B6F2-OAOBC6F76B02 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Does/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code 4 176.001(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 Government Code & 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) thevendor: (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) a contract between the local governmental entity and vendor has been executed; (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: (i) 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 4 176.006(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-1); 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 local government officer. Form provided by Texas Ethics Commission www ethics.state tx us Revised 11/30/2015 Cooperative Purchase Page 9 of 9 M&C Review Page 1 of 3 Official site of the City of Fort Worth, Texas ACITY COUNCIL AGEND FOR` H Create New From This M&C DATE: 2/14/2023 REFERENCE **M&C 23- LOG NAME: 041NFRASTRUCTURE NO.: 0061 MULTI -COOP CODE: P TYPE: CONSENT PUBLIC NO NO SUBJECT: (ALL) Authorize Non -Exclusive Purchase Agreements for Information Technology Infrastructure, with Netsync Network Solutions, Inc., Presidio Networked Solutions Group, LLC, ePlus Technology, Inc., and World Wide Technology LLC using Multiple State of Texas Department of Information Resources, OMNIA Partners and The Interlocal Purchasing System Cooperative Contracts With a Combined Annual Amount Up to $11,200,000.00, and Four One -Year Renewal Options with State of Texas Department of Information Resources and OMNIA Partners in the Amount of $10,000,000.00 for the First Renewal and $6,200,000.00 for the Remainder Renewals for the Information Technology Solutions Department RECOMMENDATION: It is recommended that City Council to authorize non-exclusive purchase agreements for Information Technology Infrastructure with Netsync Network Solutions, Inc., Presidio Networked Solutions Group, LLC, ePlus Technology, Inc. and World Wide Technology LLC using Multiple State of Texas Department of Information Resources, OMNIA Partners and The Interlocal Purchasing System Cooperative Contract with a combined annual amount up to $11,200,000.00, and four one-year renewal options with Texas Department of Information Resources and OMNIA Partners in the amount of $10,000,000.00 for the first renewal and $6,200,000.00 for the remainder renewals for the Information Technology Solutions Department. DISCUSSION: The Information Technology Solutions Department (ITS) will use these agreements to purchase equipment and services from Netsync Network Solutions, Inc., Presidio Networked Solutions Group, LLC, ePlus Technology, Inc and World Wide Technology LLC. to support the City's information technology infrastructure. This infrastructure includes equipment and software supporting the City's servers, data storage, virtual desktop environment, and network and telephone systems. These agreements will be used to support the refreshes for the equipment that has reached the end of life cycle as well as new projects for City departments using the following cooperative contracts: Vendor Co-op Expiration RFO Responses Date Published Due Presidio, Netsync and WWT Presidio, Netsync and WWT Presidio, Netsync and WWT D I R-TSO- 4167 D I R-TSO- 3763 7/3/2023 1 /10/2024 12/20/2017 2/5/2018 9/12/2016 DIR-TSO- 12/17/2023 3/20/2018 4299 10/13/2016 5/4/2018 10/2/2024 ��1/12/2018 ��2/26/2018 http://apps.cfwnet.org/council_packet/mc review.asp?ID=30688&councildate=2/14/2023 6/2/2023 M&C Review Page 2 of 3 Vendor Co-op Expiration RFO Responses Date Published Due WWT and DIR-TSO- ePlus 4160 PPresidio and �N88 R-TSO- 2/21/2025 2/26/2018 4/9/2018 lus WWT DIR-CPO- 1/23/2025 3/15/2019 4/25/2019 ��4444 Netsync and �N0105 PS I5/31/2023 1/9/2020 2/21/2020 �ePlus WWT OMNIA 5/31/2026 12/1/2020 1/19/2021 210407 On September 28, 2021, City Council approved Mayor & Council communication (M&C) 21- 0753 authorizing similar agreements for information technology infrastructure purchases. Due to several larger projects, Infrastructure refresh, Future City Hall, planned American Rescue Plan Act spend, and ongoing City growth, additional spending authority is being requested. To avoid any confusion, approval of this M&C will eliminate prior spending authority and contracts authorized under Mayor and Council Communication P-12248, 19-0123, 19-0270, 20-0650 and 21-0753. Approval of this M&C will allow a total of $11,200,000.00 in expenditures for the initial year, $10,000,000.00 for the first renewal and $6,200,000.00 for the remainder renewals for projects such as safety and security, new building projects, building upgrades, building renovations and building expansion projects. These agreements and spending authority will be made available to Radio Services, Desktop, Hardware and Security divisions to purchase hardware and software for City departments as requested. On May 24, 2022 Mayor and Council Communication (M&C) 22-0366 and 22-0367 were approved to allocate American Rescue Plan Act (ARPA) Subtitle M (Coronavirus State and Local Fiscal Recovery Funds) to the Information Technology Solutions (ITS) Department providing up to $3,675,000.00 and $3,595,000.00 in support of infrastructure, data protection initiatives, information security and cyber security. The Information Technology Solutions Department (ITS) will use these agreements to purchase equipment and services to support the City's information technology infrastructure based on initiatives identified in (M&C) 22-0366 and 22-0367. ITS Department will ensure that each vendor is given equal opportunity to earn a minimum of 10\% of the business. No specific contract amount is guaranteed. PRICE ANALYSIS - The Texas Department of Information Resources Contracts (DIR), OMNIA Partners (OMNIA) and The Interlocal Purchasing System Cooperative Contracts 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, OMNIA and TIPS Contracts are competitively bid to increase and simplify the purchasing power of government entities. M/WBE - An MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. 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. SUCCESSOR LANGUAGE: The City will initially use these contracts to make purchases authorized by this M&C. The Cooperative Contracts are set to expire on various dates. If the contracts are extended, this M&C authorizes the City to purchase similar equipment and supplies under the extended contract. If the contracts are not extended, but DIR, OMNIA and/or TIPS executes new cooperative contracts with substantially similar terms, this M&C authorizes the City to purchase the http://apps.cfwnet.org/council_packet/mc review.asp?ID=30688&councildate=2/14/2023 6/2/2023 M&C Review Page 3 of 3 same equipment and supplies under the new contracts. If this occurs, in no event will the City continue to purchase goods and services under the new agreements past 2027 without seeking Council approval. AGREEMENT TERM: Upon City Council's approval, these agreements will be executed and continue for a term of 12 months in accordance with approval date of this request. The agreements will renew on an annual basis thereafter. The renewals do not require specific City Council approval as long as sufficient funds have been appropriated. RENEWAL TERMS - The Texas Department of Information Resources Contracts (DIR) Agreement may be renewed annually for four (4) one-year terms for the same annual amount. The Interlocal Purchasing System Cooperative Contracts may be renewed for one-year for the same annual amount. The OMNIA Partners may be renewed for three (3) one-year terms the the same annual amount. The renewals do not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital and operating budgets, as previously appropriated, in the ITS Capital Projects Funds for the Technology Infrastructure -IT and the General Fund to support the approval of the above recommendation and exection of the purchase agreements. Prior to any expenditure being incurred, the Information Technology Services Department has the responsibility to validate the availability of funds. TO Fund Department I Account Project I Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FRAM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manager's Office bv: Valerie Washington (6192) Oriainatina Department Head: Additional Information Contact: ATTACHMENTS Kevin Gunn (2015) Kevin Gunn (2015) 041NFRASTRUCTURE MULTI -COOP funds availabilitv.pdf (CFW Internal) FID Template Multi Coop Dec2022.xlsx (CFW Internal) Form 1295 Certificate 100986599 - NETSYNC.Ddf (CFW Internal) Form 1295 Certificate 100987319 CoFW DIR-TSO-4167 Presidio.0df (CFW Internal) Form 1295 Certificate 100987322 CoFW DIR-TSO-3763 Presidio.odf (CFW Internal) Form 1295 Certificate 100987323 CoFW DIR-TSO-4299 Presidio.0df (CFW Internal) Form 1295 Certificate 100987325 CoFw DIR-TSO-4288-Presidio.0df (CFW Internal) Form 1295 Certificate Citv of Ft Worth 2022-96353WWT.Ddf (CFW Internal) Form 1295 Certificate of Interested EDlus.Ddf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30688&councildate=2/14/2023 6/2/2023