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Home My WebLink AboutContract 60027-A1CSC No. 60027-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 60027 This First Amendment to Fort Worth City Secretary Contract No. 60027 ("First Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation and ConvergeOne, a Minnesota corporation ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 60027 beginning September 1, 2023 (the "Agreement"); and NOW THEREFORE, known by all these present, Fort Worth and Vendor, acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: 1. Agreement CSC 60027 utilized the Texas Department of Information Resources cooperative contract DIR-TSO-4339. DIR-TSO-4339 has now been extended and will not expire until April 22, 2024. This Amendment extends the expiration date of CSC 60027 from January 22, 2024 to April 22, 2024, using the Successor Contracts language pertaining to Texas Department of Information Resources cooperative contract DIR-TSO-4339, in approved M&C 23-0653. 2. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 60027 Page 1 of 2 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth n"W' B/.L!'Ahb ff By: Dana Burghdoff (Jan'f2, 20241:57 CST) Name: Dana Burghdoff Title: Assistant City Manager Date: Jan 22, 2024 Approval Recommended: C�YIJ'�D,�Gl2Y tfGiYO%Y By: Christopher Harder (Jan 22, 202411:13 CST) Name: Christopher Harder Title: Director, Water Department Attest: By: Name: Jannette Goodall Title: City Secretary VENDOR: ConvergeOne, Inc. �,oavvnn1 ` cod p!S o.40 Pvo 0=4 Ppa to *�d bE oho 454da By: Greg M*s (Jan 17, 202416:23 CST) Name: Greg Miles Title: Vice President Date: Jan 17, 2024 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:✓ Name: Jason Lyssy Title: Compliance Manager Approved as to Form and Legality: By: Name: Taylor Paris Title: Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 60027 Page 2 of 2 8/14/23, 2:20 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 8/8/2023 REFERENCE NO.: **M&C 23-0653 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT�WQRrTH 6000NVERGEONE NO SUBJECT: (ALL) Authorize a Cooperative Purchase Agreement with ConvergeOne, Inc. in the Amount of $250,000.00 for Hardware, Software, Maintenance and Support of the Water Department's Extreme Networks, Using the Texas Department of Information Resources Cooperative Contract Number DIR-TSO-4339 RECOMMENDATION: Authorize a cooperative purchase agreement with ConvergeOne, Inc. in the amount of $250,000.00 for hardware, software, maintenance and support of the Water Department's Extreme Networks, using the Texas Department of Information Resources Cooperative contract number DIR-TSO-4339. DISCUSSION: The purpose of this Mayor & Council Communication (M&C) is to authorize a cooperative purchase agreement for services and components for the Water Utility's Extreme Network. Water Utility will use this agreement to continue the purchase of hardware, software, maintenance and support of its Extreme Networks components, such as network switches and routers, for an annual cost not to exceed $250,000.00. Funding is budgeted and will be budgeted after adoption of the Fiscal Year 2024 Budget by City Council, in the Water and Wastewater Department's within the Water & Sewer Fund. PRICE ANALYSIS - The prices were obtained using Texas Department of Information Resources (DIR) contract number DIR-TSO-4339. The DIR contract offers fixed discounts for these services. Water Information Technology staff has reviewed the pricing and determined it to be fair and reasonable. COOPERATIVE PURCHASING - State law provides that a local government purchasing an item/service under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item/service. DIR contracts have been competitively bid to increase and simplify the purchasing power of government entities. DIR is authorized to offer the cooperative purchasing program to state agencies, public institutions of higher learning, public school districts and local governments. SUCCESSOR CONTRACTS - To facilitate planning and budgeting, Staff would prefer to have annual Agreements that align with the Fiscal Year. However, the DIR Agreement is out of alignment with the City's Fiscal Year and the current term DIR-TSO-4339 will expire on January 22, 2024. In order for the Agreement to align with the City's Fiscal Year, adoption of this M&C technically authorizes (i) a series of Purchase Agreements, each of which will align to a term of the DIR, Agreements to ensure legal authority exists for the contract, and (ii) an annual spend amount, future years of which would be subject to City Council appropriation. In the event that a Cooperative Agreement is not renewed, Staff would cease purchasing at the end of the last Purchase Agreement coinciding with the valid Cooperative Agreements. 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-TSO-4339 to make purchases authorized by this M&C. As noted, DIR-TSO-4339 expires January 22, 2024. If DIR-TSO-4339 is extended this M&C authorizes the City to purchase similar equipment and supplies under the extended contracts. If DIR-TSO-4339 is not extended but DIR executes new cooperative contracts with ConvergeOne with substantially similar terms as DIR-TSO-4339, this M&C authorizes the City to purchase the equipment, supplies, and services under the new DIR contract. apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31280&cou nciIdate=8/8/2023 1 /2 8/14/23, 2:20 PM M&C Review ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made by the City Manager in the amount up to the maximum allowed under state law and the City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. DVIN -A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. AGREEMENT TERMS — Upon City Council approval, this agreement shall begin on September 1, 2023 and end on August 31, 2024. RENEWAL OPTIONS - This Agreement may be renewed in accordance with the renewal options in DIR-TSO-4339. 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. This will serve ALL COUNCIL DISTRICTS. 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 Water & Sewer Fund and upon adoption of the Fiscal Year 2024 Budget by City Council, funds will be available in the Fiscal Year 2024 operating budget, as appropriated in the Water & Sewer Fund. Prior to an expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity ID ID FROM Fund Department Account Project ID ID Submitted for Citv Manaaer's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Reference # Amount Year (Chartfield 2) Budget I Reference # Amount Year (Chartfield 2) Dana Burghdoff (8018) Chris Harder (5020) Rick Lisenbee (2515) 60Converaeone.docx (CFW Internal) ConveraeOne Conflict of Interest Questionnaire sianed.pdf (CFW Internal) ConveraeOne FID TABLE.xlsx (CFW Internal) ConveraeOne Form 1295 Certificate.pdf (CFW Internal) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31280&counciIdate=8/8/2023 2/2 FoRTWORTH. Routing and Transmittal Slip Water Department DOCUMENT TITLE: First Amendment to Cooperative Agreement with ConvergeOne, Inc. TO: Rick Lisenbee Jason Lyssy Greg Miles, ConvergeOne Shane Zondor Jan Hale Chris Harder Taylor Paris Dana Burghdoff Ron Gonzales Jannette Goodall Allison Tidwell Charmaine Baylor Needs to be notarized: Approver )a RL Signer gmiles@onecl.com Approver Approver Signer Signer Signer Approver Signer Form Filler Acceptor ❑ YES x NO Action Required: ❑ As Requested ❑ For Your Information x Signature/Routing and/or Recording ❑ Comment ❑ File FOR CMO USE ONLY: Routing to CSO x YES 0 NO INITIALS Rp� EXPLANATION Attached is the First Amendment to the agreement between the City of Fort Worth Water Department and ConvergeOne, Inc., utilizing cooperative agreement DIR-TSO-4339. This agreement provides hardware, software, maintenance & support, and professional services for the Water Department's Extreme brand networks. The original term of the agreement ran from September 1, 2023 through January 22, 2024, however the DIR-TSO-4339 term has been extended. Successor Contract language was approved on M&C 23-0653, to allow the City Secretary Contract to be extended in sync with the DIR agreement, or to move to a new cooperative contract with substantially similar terms, if it is executed by DIR. The new expiration date is April 22, 2024. The total contract spending authority will remain at $250,000.00. If you have any questions or concerns, please feel free to give me a call or to email me. Thank you, Charmaine Baylor Sr. IT Business Planner, Water IT Water Department Phone: (817) 392-6629