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HomeMy WebLinkAboutContract 59918-A1CSC No. 59918-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 59918 This First Amendment is entered into by and between the City of Fort Worth (hereafter 'Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and Sigma Surveillance, Inc. DBA STS360 ("Seller"), Buyer and Seller may be referred to individually as a Party and collectively as the Parties. WHEREAS, on August 14, 2023, the Parties entered into City Secretary Contract 59918 to provide surveillance and security monitoring products and related services ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to modify the terms of the not to exceed amount of the contract and the contract renewal date. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS The Agreement is hereby amended to replace the last two paragraphs on page 1 of City Secretary Contract (CSC) 59918 in their entirety with the following: Buyer shall pay Seller in accordance with the fee schedule and terms in Exhibit C and D and in accordance with the provisions of this Agreement. Total payment made under this non- exclusive Agreement for the first term by City shall be an amount not to exceed Two Million Thirty -Nine Thousand and 00/100 dollars ($2,039,000.00). The Parties acknowledge that this is a non-exclusive agreement to provide surveillance and security monitoring products and related services and there is no guarantee of any specific amount of purchase. Further, Seller recognizes that the not to exceed amount mentioned above is the total amount of funds available, collectively, for any Seller that enters into an agreement with the City under Mayor and Council Communication No. 23-0524 (June 27, 2023) and Mayor and Council Communication No. 23- 0613 (August 8, 2023) and that once the collected not to exceed amount has been exhausted, funds have therefore been exhausted under this Agreement as well. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and expires on October 29, 2023. Buyer shall be able to renew this agreement for three (3) one-year renewal options by written agreement of the parties. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. OFFICIAL RECORD First Amendment to Fort Worth City Secretary Contract No. 59918 CITY SECRETARY Page 1 of 3 FT. WORTH, TX 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. [signature page following) First Amendment to Fort Worth City Secretary Contract No. 59918 Page 2 of 3 I:TKaJ01yID)I7:\I IX.T"9010113 CITY OF FORT WORTH: By: Valerie Washington (Aug 31, 2023 15:22 CDT) Name: Valerie Washington Title: Assistant City Manager Date: Aug 31, 2023 APPROVAL RECOMMENDED: By: / Name: Kevin Gunn Title: Director, IT Solutions Department nIlIl ATTEST: o . °1 0 �o By: V � CpQIl bEoogd4o Name: Jannette Goodall Title: City Secretary VENDOR: Sigma Surveillance, Inc. DBA STS360 By: O Na John Hoffman Title: Executive Vice President Date: 8/29/2023 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. S. rratter By: S.Trotter (Aug 31, 2023 08:32 CDT) Name: Sallie Trotter Title: Assistant Director, IT Solutions APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0613 Approved: August 8, 2023 1295:2023-1027402 ATTEST: By: Na /John Skuse Title: Vice President OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 59918 Page 3 of 3 M&C Review Page I of 2 A CITY COUNCIL AGEND Create New From This M&C DATE: 8/8/2023 REFERENCE NO.: **M&C 23-0613 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FoRT WORTH 04SIGMA SURVEILLANCE Rej SUBJECT: (ALL) Authorize Execution of a Cooperative Purchasing Agreement with Sigma Surveillance, Inc. dba STS360 Using a Cooperative Agreement with Renewal Options in the Amount of $2,039,000.00 for the Information Technology Solutions Department RECOMMENDATION: It is recommended that City Council authorize execution of a Cooperative Purchasing Agreement with Sigma Surveillance, Inc. dba STS360 using a cooperative agreement with up to three renewal options in the amount of $2,039,000.00 for the Information Technology Solutions Department. DISCUSSION: On June 27, 2023, City Council authorized Mayor and Council Communication (M&C) 23-0524 for execution of a cooperative purchasing agreement with Sigma Surveillance, Inc. dba STS360 in the amount of $2,039,000.00 annually using Texas Department of Information Resources contract DIR- CPO-4770 with three options to renew. This M&C is to request authorization to execute an additional cooperative purchase agreement with Sigma Surveillance, Inc. dba STS360 (STS360) using Texas Department of Information Resources contract DIR-CPO-4697 with three options to renew. The Cooperative Purchasing Agreements executed with STS360 using DIR-CPO-4770 and DIR-CPO- 4697 will share the total annual authorization of $2,039,000.00 approved under M&C 23-0524. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies State laws requiring that the local government seek competitive bids for purchase of the item. Cooperative contracts have been competitively bid to increase and simplify the purchasing power of local government entities across the State of Texas. SUCCESSOR CONTRACTS: In the event DIR-CPO-4697 is not renewed, staff would cease purchasing at the end of the last purchase agreement coinciding with the 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 DIR-CPO-4697 to make purchases authorized by M&C 23-0524 and this M&C. The cooperative agreement is set to expire February 24, 2025. If DIR-CPO-4697 is extended, this M&C authorizes the City to purchase similar equipment and services under the extended contract. If DIR-CPO-4697 is not extended but DIR executes a new cooperative contract with STS360 with substantially similar terms, this M&C authorizes the City to purchase the equipment and services under the new DIR contract. If this occurs, in no event with the City continue to purchase goods and services under the new agreement for more than three (3) years without seeking Council approval. BUSINESS EQUITY: A 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. http://apps.cfwnet.org/council_packet/mc review.asp?ID=31240&councildate=8/8/2O23 8/9/2023 M&C Review Page 2 of 2 AGREEMENT TERM: Upon City Council's approval, the initial term of the agreement will be effective once executed by the Assistant City Manager and will expire on February 24, 2025 in accordance with the DIR contract. The Agreement may be renewed through February 24, 2026. RENEWAL OPTIONS: This Agreement may be renewed for three (3) additional one-year renewal term, in accordance with the underlying or successive DIR, 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 term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Grants Cap Projects Federal Fund for the City Hall Move 100 Energy Way project and in the ITS Capital Fund for the Technology Infrastructure -IT programmable project and upon adoption of the Fiscal Year 2024 Budget by the City Council, funds will be available in the Fiscal year 2024 operating budget, as appropriated, in the Info Technology Systems Fund, to support the approval of the above recommendation and execution of the agreement. Prior to an expenditure being incurred, the Information Technology Solutions Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ID ID Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: Program Activity Budget Reference # Year (Chartfield 2) Valerie Washington (6192) Kevin Gunn (2015) Sallie Trotter (8442) Amount ATTACHMENTS 04AUTHORIZE COOPERATIVE PURCHASE AGREEMENT SIGMA SURVEILLANCE funds availabilitv.odf (CFW Internal) FID Table Siama Surveillance.XLSX (CFW Internal) Form 1295 2023-1027402.Ddf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=31240&councildate=8/8/2O23 8/9/2023