HomeMy WebLinkAboutContract 59341-A1 (2)CSC No. 59341-A1
FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 59341
This First Amendment to Fort Worth City Secretary Contract No. 59341 ("First
Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation
and Presidio Networked Solutions Group, LLC, ("Vendor").
WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth
City Secretary Contract No. 59341 beginning May 7, 2023 (the "Agreement"); and
WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the
Agreement to extend the term expiration date to align with the DIR-TSO-3763 extension of April
9, 2024.
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. The Agreement is hereby amended to expire on April 9, 2024.
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. 59341 Page 1 of 2
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
By: Mark McDaniel (Feb 19, 202420:52 CST)
Name: Mark McDaniel
Title: Deputy City Manager
Date: Feb 19, 2024
Approval Recommended:
By:
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: Robert 202410:22 CST)
Name: Bobby Lee
Title: Sr. IT Solutions Manager
Approved as to Form and Legality:
Name:
Kevin Gunn
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Title:
Director, IT Solutions
By:
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Name: Taylor C. Paris
Attest:
: F tt4loo
Title: Assistant City Attorney
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Contract Authorization:
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M&C: 23-0061
By:
Approved:02/14/2023
Name:
Jannette S. Goodall
1295: 2022-962856
Title: City Secretary
VENDOR:
Presidio Networked Solutions Group, LLC
By:
Name: Erik Hayko /
Title: Senior Contracts Manager
Date: 2/9/2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No. 59341 Page 2 of 2
Exhibit C-1
Amendment Number 3
to
Contract Number DIR-TSO-3763
between
State of Texas, acting by and through the Department of Information Resources
and
Dell Marketing L.P.
This Amendment Number 3 to Contract Number DIR-TSO-3763 ("Contract") is between the
Department of Information Resources ("DIR") and Dell Marketing L.P. ("Vendor"). DIR and
Vendor agree to modify the terms and conditions of the Contract as follows:
1. Contract, Section 2. Term of Contract is hereby amended as follows:
DIR and Vendor hereby agree to extend the term of this Contract for ninety (90)
calendar days through April 9, 2024, or until terminated pursuant to the
termination clauses contained in this Contract.
2. Contract, Section 10. Use of Order Fulfillers is hereby inserted immediately after
Section 9 as follows:
10. Use of Order Fulfillers
10.1 Authorization to Use Order Fulfillers
Subject to the conditions in this Section 10, DIR agrees to permit Successful
Respondent to utilize designated order fulfillers to provide products, services, and
support resources to Customers under this Contract ("Order Fulfillers").
10.2 Designation of Order Fulfillers
a) Successful Respondent may designate Order Fulfillers to act as the distributors
for products and services available under this Contract. In designating Order
Fulfillers, Successful Respondent must be in compliance with the State's Policy
on Utilization of Historically Underutilized Businesses. DIR and Successful
Respondent will agree on the number of Order Fulfillers that are Historically
Underutilized Businesses as defined by the CPA.
b) In addition to the required Subcontracting Plan, Successful Respondent shall
provide DIR with the following Order Fulfiller information: Order Fulfiller name,
Order Fulfiller business address, Order Fulfiller CPA Identification Number,
Order Fulfiller contact person email address and phone number.
Amendment 3
Contract DIR-TSO-3763
rev. 05/2020 Page 1
c) DIR reserves the right to require Successful Respondent to rescind any Order
Fulfiller participation or request that Successful Respondent name additional
Order Fulfillers should DIR determine it is in the best interest of the State.
d) Successful Respondent shall be fully liable for its Order Fulfillers' performance
under and compliance with the terms and conditions of this Contract.
Successful Respondent shall enter into contracts with Order Fulfillers and use
terms and conditions that are consistent with the terms and conditions of this
Contract.
e) Successful Respondent may qualify Order Fulfillers and their participation
under the Contract provided that: i) any criteria is uniformly applied to all
potential Order Fulfillers based upon Successful Respondent's established,
neutrally applied criteria, ii) the criteria is not based on a particular
procurement, and iii) all Customers are supported under the criteria.
f) Successful Respondent shall not prohibit any Order Fulfiller from participating
in other procurement opportunities offered through DIR.
10.3 Changes in Order Fulfiller
Successful Respondent may add or remove Order Fulfillers throughout the term of
this Contract upon written authorization by DIR. Prior to adding or removing Order
Fulfillers, Successful Respondent must make a good faith effort to revise its
Subcontracting Plan in accordance with the State's Policy on Utilization of
Historically Underutilized Businesses. Successful Respondent shall provide DIR with
its updated Subcontracting Plan and the Order Fulfillers information listed above.
10.4 Order Fulfiller Pricing to Customer
Order Fulfiller pricing to the Customer shall be in accordance with Section 4.
3. Notification
All notices under this Contract shall be sent to a party at the respective address
indicated below.
If sent to the State:
Chief Procurement Officer Successor of Office
Department of Information Resources
300 W. 15t" St., Suite 1300
Austin, Texas 78701
Phone: (512) 475-4700
If sent to the Vendor:
Contract Manager
Dell Marketing, L.P.
Amendment 3
Contract DIR-TSO-3763
rev. 05/2020 Page 2
One Dell Way, Mail Stop RR1-33
Round Rock, Texas 78682
Phone: (512) 723-4262
Facsimile: (512) 283-9092
Email: Cristian.Perez@dell.com
4. Appendix A. Standard Terms and Conditions for Product and Related Services
Contracts dated 08/21/2016, is here by deleted and replaced in its entirety with the
attached Appendix A. Standard Terms and Conditions (per Amendment 3)
dated December 2021, except where previous authorized exceptions to Appendix A
were allowed and documented as part of the Contract, in Section 9, Paragraphs A
through FF. In such cases, the previously authorized exceptions shall be applied to
the portions of the new Appendix A which are comparable to those in the earlier
Appendix A for which they were written, and this without regard for the numbering
or lettering associated with any of the documents. Applied in such manner, the
exceptions shall remain in full force and effect until such time the Contract expires
or is terminated.
S. In addition to the above -referenced authorized exceptions to Appendix A noted in
Contract, Section 8, additional Authorized Exceptions to Appendix A, Standard
Terms and Conditions dated December 2021 are as follows:
A. Section 3. Definitions, Subsection 3.8 Invoice, is hereby deleted and restated
in its entirety as follows:
Refers to an instrument submitted by Successful Respondent for payment of
services.
B. Section 3. Definitions, Subsection 4.2 Modification of Contract Terms
and/or Amendments, B, is hereby deleted and restated in its entirety as follows:
B. DIR may amend the Contract upon thirty (30) calendar days written
notice to Successful Respondent without the need for Successful
Respondent's written consent as necessary to satisfy a regulatory
requirement imposed upon DIR by a governing body with the
appropriate authority.
All other terms and conditions of the Contract, not expressly amended herein, shall remain
in full force and effect. In the event of conflict among the provisions, the order of
precedence shall be this Amendment Number 3, then Amendment Number 2, then
Amendment Number 1, and then the Contract.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Amendment 3
Contract DIR-TSO-3763
rev. 05/2020 Page 3
IN WITNESS WHEREOF, the parties hereby execute this amendment to be effective as of
the date of the last signature, but in all events, no later than 1/10/24.
Dell Marketing L.P.
Authorized By: Siqnature on File
Name: Katherine Castillo
Title: Para LeaalAdvisor
Date: 1/9/2024 1 4:02 PM CST
The State of Texas, acting by and through the Department of Information Resources
Authorized By: Signature on File
Name: Lisa Massock
Title: Chief Procurement Officer
Date: 1/10/24 1 1:56 PM CST
Office of General Counsel: Initials on File 1/10/2024 1 10:56 AM CST
Amendment 3
Contract DIR-TSO-3763
rev. 05/2020 Page 4
M&C Review Page 1 of 3
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND FORT�111
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
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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 I5/31/2026 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
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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.Ddf (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.Ddf (CFW Internal)
Form 1295 Certificate 100987322 CoFW DIR-TSO-3763 Presidio.Ddf (CFW Internal)
Form 1295 Certificate 100987323 CoFW DIR-TSO-4299 Presidio.Ddf (CFW Internal)
Form 1295 Certificate 100987325 CoFw DIR-TSO-4288-Presidio.Ddf (CFW Internal)
Form 1295 Certificate Citv of Ft Worth 2022-96353WWT.Ddf (CFW Internal)
Form 1295 Certificate of Interested EDlus.Ddf (CFW Internal)
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