HomeMy WebLinkAboutContract 60335-NA1DocuSign Envelope ID: 9E74C9EF-B1C7-455F-A5F5-FFC9DDBCOA48
CSC No. 60335-NAl
NETWORK ACCESS AGREEMENT
This Network Access Agreement ("Agreement") is made and entered into by and between the City
of Fort Worth ("City"), a home rile municipal corporation with its principal location at 200 Texas Street,
Fort Worth, Texas 76102, organized under the laws of the State of Texas and ePhrs Technology, 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 Audio Visual
Products and Services. In order to provide the necessary support, Vendor needs access to Internet.
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 Audio Visual Products and Service. 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
pin -poses 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. 60335. ("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")
❑ Services are being provided without a City Secretary Contract at no cost to the City
❑ 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, 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, tenrrinate the Agreement, and pursue any other remedies that the City may
have tinder this Agreement or at law or in equity.
OFFICIAL RECORD
CITY SECRETARY
Network Access Agreement (Rev. 8/28/19) FT. WORTH, TX Page 1 of 4
DocuSign Envelope ID: 9E74C9EF-B1C7-455F-A5F5-FFC9DDBCOA48
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 Securitv. 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
fi-om 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 INDENINIFICATION. 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 A --NY 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 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 night 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 worliing 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
Network Access Agreement (Rev. 8/28/19) Page 2 of 4
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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.
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 Mai eure. Each parry 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 majeuire 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. �Wnature Authority. By affixing a signature below, the person signing this Ageement
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]
Network Access Agreement (Rev. 8/28/19) Page 3 of 4
DocuSign Envelope ID: 9E74C9EF-B1C7-455F-A5F5-FFC9DDBCOA48
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
ePlus Technology, Inc.:
B
a
Name:
24 10: 6 C
Mark McDaniel (Feb 5, 202410:46 CST)
Mark McDaniel
B Y
Name:
DocuSigned by:
06V, W Vi,
o i' *&Stt I n
Title:
Deputy City Manager
Title:
sr. vice President contracts
Date:
Feb 5, 2024
Date:
1/25/2024
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By:
Name: Kevin Gunn
Title: Director, rr Solutions
Approved as to Form and Legality
By:
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: 23-0787
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.
C�� Pc
By: OO
Name: Jeff Park
Title: Sr_ IT Solutions Manager
City Secretary:
By:
Name: Jannette Goodall
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Network Access Agreement (Rev. 8/28/19) Page 4 of 4
M&C Review
Page 1 of 3
ACITY COUNCIL AGEND
Create New From This M&C
Official site of the City of Fort Worth, Texas
Fo H
REFERENCE **M&C 23- 04AUDIO VISUAL
DATE: 9/26/2023 NO.: 0787 LOG NAME: COOPERATIVE PURCHASE
AGREEMENTS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Non -Exclusive Cooperative Purchase Agreements with Designs That
Compute, Inc. d/b/a Visionality, Digital Resources, Inc., ePlus Technology, Inc., Graybar
Electric Company, Inc., and GTS Technology Solutions, Inc. for New and Replacement
Audio/Visual Hardware, Software, Technology, and Maintenance and Support Services for
a Collective Annual Amount Up to $1,500,000.00, with Four One -Year Renewal Options
for the Information Technology Solutions Department
RECOMMENDATION:
It is recommended that the City Council authorize non-exclusive cooperative purchase agreements
with Designs That Compute, Inc. d/b/a Visionality, Digital Resources, Inc., ePlus Technology, Inc.,
Graybar Electric Company, Inc., and GTS Technology Solutions, Inc. for new and replacement
hardware, software, technology, and maintenance and support services for the installation of
audio/visual equipment in City facilities for a collective annual amount up to $1,500,000.00, with four
(4) one-year renewal options for the Information Technology Solutions Department.
DISCUSSION:
On June 22, 2021, City Council approved Mayor and Council Communication (M&C) 21-0459,
authorizing non-exclusive purchase agreements with four vendors to provide audio/visual (AV)
equipment and services. Authorization under those purchase agreements expires November 30,
2023.
Therefore, the Information Technology Solutions Department ("ITS") is requesting authorization for
additional non-exclusive cooperative purchase agreements with the vendors listed below. ITS will use
these non-exclusive purchase agreements using cooperative contracts to purchase new and
replacement hardware, technology, and maintenance and support services from five vendors:
Designs That Compute, Inc. d/b/a Visionality (Visionality), Digital Resources, Inc. (DRI), ePlus
Technology, Inc. (ePlus), Graybar Electric Company, Inc. (Graybar), and GTS Technology Solutions,
Inc. (GTS). These agreements will be used for AV equipment including projectors, screens, displays,
digital signage equipment, sound and amplification equipment, and audio/visual controller equipment
for installation in all City -owned or leased facilities.
Installations under these agreements are needed for locations throughout the City such as office
spaces, conference rooms, auditoriums, court rooms, or other unique spaces. These installations
typically require the vendor to perform a walk-through facility review and advise on the needed
equipment, configuration, and installation services. ITS will monitor vendor utilization so that each will
have the opportunity to earn 10\% of the total business. No specific contract amount is guaranteed.
These agreements and spending authority will be made available for any City AV need. The
cooperative contracts to be used are listed below.
TIPS — The Interlocal Purchasing System
Omnia — Omnia Partners, Public Sector
DIR —Texas Department of Information Resources
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M&C Review
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Vendor Name I Cooperative Contract I Cooperative Expiration
Date
Visionality
TIPS 230105
May 31, 2028
DRI
TIPS 230105
May 31, 2028
ePlus
TIPS 230105
May 31, 2028
Graybar
Omnia EV2370
January 31, 2029
GTS
TIPS 230105
May 31, 2028
GTS
DIR-CPO-5057
June 23, 2027
GTS
DIR-CPO-5097
November 21, 2027
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: The City will initially use the DIR, TIPS, or Omnia contracts to make
purchases authorized by this M&C. In the event a DIR, TIPS, or Omnia cooperative contract is not
renewed, staff would cease purchasing at the end of the last purchase agreement coinciding with a
valid cooperative contract. 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.
In the event a DIR, TIPS, or Omnia cooperative agreement is not extended, but DIR, TIPS, or Omnia
executes new cooperative agreement(s) with substantially similar terms, this M&C authorizes the City
to purchase the equipment and services under the new DIR, TIPS, or Omnia contract(s). If this
occurs, in no event with the City continue to purchase goods and services under the new agreement
(s) for more than three (3) years without seeking Council approval.
Funding is budgeted in the FY21 AV/DS, FY22 AV/DS, FY23 LIB AV Upgrades, and FY23 ITS Audio
Visual projects, within the ITS Capital Fund. Funding will be budgeted in General Fund and the ITS
Capital Fund for Fiscal Year 2024.
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.
AGREEMENT TERM: Upon City Council's approval, the initial term of the agreements will become
effective once executed by the Assistant City Manager and will expire May 31, 2024, with options to
renew.
RENEWAL OPTIONS: The agreements may be renewed for up to four (4) one-year renewal terms, in
accordance with the underlying cooperative agreement, 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 period.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the ITS Capital Fund for the FY21 AV/DS, FY22 AV/DS, FY23 LIB AV Upgrades, and
FY23 ITS Audio Visual projects, 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
General Fund, and in the ITS Capital Fund for the Technology Infrastructure -IT programmable project,
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M&C Review
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to support the approval of the above recommendation and execution of the agreements. Prior to an
expenditure being incurred, the Information Technology Solutions Department has the responsibility to
validate the availability of funds.
TO
Fund I Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department I Account I Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Valerie Washington (6192)
Oriciinatinci Department Head: Kevin Gunn (2015)
Additional Information Contact: Sallie Trotter (8442)
ATTACHMENTS
04 Audio Visual Coop Purchases Aareements.docx (CFW Internal)
FID Table Audio Visual multi-cooD.XLSX (CFW Internal)
Form 1295 2023-1062201 8-21-2023.pdf (CFW Internal)
Form 1295 2023-1062269 8-21-2023.0f (CFW Internal)
Form 1295 2023-1062282 8-21-2023.pdf (CFW Internal)
Form 1295 2023-1062931 8-22-2023.0f (CFW Internal)
Form 1295 2023-1063884.Ddf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31413&councildate=9/26/2023 12/29/2023