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HomeMy WebLinkAboutContract 60335-A5DocuSign Envelope ID: 9B8555C4-FFC1 -4AF3-8A90-1 F04634877E6 CSC No. 60335-A5 AMENDMENT NO. 5 TO CITY OF FORT WORTH CONTRACT 60335 This Fifth 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 ePlus Technology, Inc. ("Vendor"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on October 19, 2023, the Parties entered into City Secretary Contract 60335 to provide expert guidance, oversight, recommendations and planning assistance to the City in the management and execution of this strategic initiative ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to add a Projective Objectives Plan (exhibit A) at no additional cost using the existing City Secretary Contract 60335 under The Interlocal Purchasing System Cooperative 230105. 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 add the attached Statement of Work at no additional cost using the existing City Secretary Contract 60335 under The Interlocal Purchasing System Cooperative 230105. 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. 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Fifth Amendment to Fort Worth City Secretary Contract No. 60335 Page 1 of 11 DocuSign Envelope ID: 9B8555C4-FFC1 -4AF3-8A90-1 F04634877E6 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: \�� � t - Name: Mark McDaniel Title: Deputy City Manager Date: May 13, 2024 APPROVAL RECOMMENDED: 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: g. P Name: Jeff Park Title: Sr. IT Solutions Manager By: / APPROVED AS TO FORM AND LEGALITY: Name: Kevin Gunn Title: Director, IT Solutions Department 4,00vonnb ATTEST: p� foR��p°o By: pis o=o Name: Taylor Paris Title: Assistant City Attorney a aa4 nEXA?o4p By: Name: Jannette Goodall Title: City Secretary VENDOR: ePlus Technoloa, Inc. Docu3ig n'y: By: v6v- �bt, fYW ghlin Title: Senior Vice President, Contracts Date: 4/26/2024 CONTRACT AUTHORIZATION: M&C: 23-0787 Approved: 09/26/2023 1295:2023-1062201 ATTEST: By: Name: Christine Oliver Title: Contracts Admin OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Fifth Amendment to Fort Worth City Secretary Contract No. 60335 Page 2 of 11 DocuSign Envelope ID: 9B8555C4-FFC1 -4AF3-8A90-1 F04634877E6 Exhibit A 6BF Project Objectives Plan City of Fort Worth Northwest Library and Chiidren's Lab "IlCity ofFortWorth-Northwest brary and Children's Lab-141199 df10J2G2d Dpmorrio Hamilton 200 Texas Street Fart Worth, TX 7fi102 917-392.1234 DeMorrio_Hamiltongtortworthte)cas.gow Fifth Amendment to Fort Worth City Secretary Contract No. 60335 Page 3 of 11 DocuSign Envelope ID: 9B8555C4-FFC1 -4AF3-8A90-1 F04634877E6 DocuSign Ea.velope I❑ 71639723-B2Gii6YC-B901645FAEIEBF6SF G * PROJECT OBJECTIVES PLAN [Ry at Fart Werth This Agreement and ProjeEtObjectives Plan I POV) Is made April W, 2024.1"Effective Date_] by and between City of Fart Wofth ("dhistamer"} and elLlusTechnology, Inr_ ' Wlus) leach of ePlus and Custome: a "Party" and together the 'Parties"}. This POP is governed by the TIPS 23010S Contract for the propAsion of prvfessrona or sonsufting services by ePlus to Customer (the Agreement"I 1.1 EXECUT&t SUMMARY of Ti4 SiRWILS Customer has engaged ellfus to prrnjde serves ror is upgrading a large presentation room and a Children's lab with an interactive wliltehoard at its Northwest Library loratipn 1.2 D[FINrY"s Deliverable; A measurable indication of progress with n a given phase, cicicumentation in hard ropy or electrorir farm such as analyses, reports, manuals, test results, or any other items asset forth in section 2.2- Mllestone A 5peofic gaa objective, or evert pertaining to services described in this POP Normal Business Hours! The hours of Monday through Friday 8:00 a-m. to 5:00 p.m. local time, exduding any federal and ePl s observed holidays A fist of ePlus observed holedays wll- he provided upon request, Products -.Third -party hardware and for sorrware produrtsare sold separately and are not delnrerables_ 2-1 SErtvjm The Servetes that eRitrs and Jar itssubcontractcr shall provide will Include: Planning/design ePlus will Eonduct a kick-ofr meeting- It Introduce the pro ere team and review roles and responsibilities For Customer and ePlus ■ Review project objectives and scope of )cork Review task list and which tasks will be delivered an site vs.- remote Review prgject delrverab es and key milestones b Identify acceptance Criteria for project milestones • Review delivery method and acceptance criteria for dAverahles Reviewprnjee bi IIoF materlats ■ Identiirycritical pNjectdeadlines • Identify and securecfitica dependenciesJoonstra:nts, which may include: Work blackout dates Customer maintenancewrndaws Review project change management procedures • Discuss initial requirements needed by ePlus from Customer c Remcte access to existing environment ❑ Existingdocumentawn ■ DeveJop plan fo rkey or regularly srhedcrled Customer project meeti ngs,which may include: e Schedu le design meeting(sj o Schedule project status meetingis) and frequency Fifth Amendment to Fort Worth City Secretary Contract No. 60335 Page 4 of 11 DocuSign Envelope ID: 9B8555C4-FFC1 -4AF3-8A90-1 F04634877E6 Dw.Sig Envelope 113. 7063!3M-OMI-65tC-B9B45a5FA9Er3%BF G * PROJECT OBJECTIVES PLAN rityof Fort worth mplementatban - Presentation Room ■ An OFE 164" motored proaectorscreenwill be installed to replace the exl$ting screen ■ Up to one {1I new MM lumen Panasonic Laser proector will he ceiling-rm rr#ed to project shared content onto the above screen ■ U p to one j ij display wll I be mounted on the right side wall between t he windows ■ U p to one 11) FiDM1 wall plate will be installed In a lotion Mfor a content sharing connect on from a user device ■ Up to one jl� l iron Sharetink will be installed to allow for wirelem content sharing from a user device • Lip toone (1) Customer Furbished- equipment DSPand uptofour 141CustomeriurNshedequipmentTCM ceiling miry will be Installed- One (1 j TC-5D AVB Pof Switch will be sourced new and installed - Note: It is understood additional m"would b.e necessary fur wall to wall room coverage • New audio components will be integrated with the existsng emergency paging system, with emergency pages betnggtven pnonty- When an emergency page occurs, other room audio will be "ducked' jreduced In volu me) so the page can he heard. • Up to one III n-wa I component storage box wi I he mounted to!he right of the projector screen nearthe pod lum location to house the a dio extractor HDM1 transmitter, and Share nk Box installation to he provided by otil ■ Box will also req ire a duplex outlet to be installed ro power housed eq uiprnent, as well as a data connection for Share Link ■ Other required equipment will be stared in the existing equipment rack room ■ Up to one i11 F_xtran 5- wall --mounted touch panel will be Installed for system control- System cnn[rnlsw I IrKlude_ o System oglaff - Cy default, when the system Is I .itfall2ed. the projector wi I be t rned an and the pro*Ltoriirmen wsll bie dropped • If this Is not the desired Functionaftty and users wo Id rather press a In tton to initiate the projector to turn on and the Sueen to drop this must be com municated ahead of time to vefdy the programming is accurate o Roorn w1u me contra o Individual mic level contra • Emergency braadcasttng i ntegmtion will not be supported Implementation - Children s Lab ■ Customer will provide an OFC Dell 75" Interactive Rat Panel (IFPI display a &splay w;11 be wall -ma nted using RaomReady'S SET-55 mount which will not requ re added wall barking ■ Display wiEl come pre -installed with Dell's proprietary IFP colbaboration saitware * Display may also be integrated with an owner-tumished Dell OptiPlex Micro PC as an In -room PC Documentation and Closeout ePlus wi I conduct closeout and documentation review meeting Fifth Amendment to Fort Worth City Secretary Contract No. 60335 Page 5 of 11 DocuSign Envelope ID: 9B8555C4-FFC1 -4AF3-8A90-1 F04634877E6 Ma Sign Envelope ID 717639723 H2C5-451C-!I9R9-515FA9F6F68F P PROJECT OBJECTIVES PLAN IV OtyofFort Worth 2.2 Df Lev EP.ABLES ePl us will provide Services only and no Deliverables will be provided except as tollpws: ■ AV elevations detailing locations of AV devices (PDF1 ■ AV video flow IPD.Fj ■ AV audlo I[ Dw I PDF I ■ Equipmen tli sts as specified ( Excel} • System infrastructure requirements (PDfj ■ Solutions design diagram Method of procedure documents 2.3 PuacE Or PEItfORMANCi Unless othervrise specified elsewhere in this PUP, a I on.s Services will be performed at Customers Facilities located at t he following locatlonjsj ('Customer Sike' I ■ 6229 Crystal Lake Drive, Fart Worth TX 761.79 3.1 G€Nt RALRESPCIMEMMLmE5 During the course of this project, ePlus will require the support of Customer staff and comput ng resources. If the required Customer resources cannot be made available, the scope of the Services. estimated schedule {see sec Dn S_11, or both may be affected. Customer agreesto provide tare following A work area suitable for the tasks to be performed and any required software or documentation. ■ Ii- Customer directly procures any hardware arsoftwafe req u red for this project, Customer agrees to provide the hardware, software and any acmompanying support dec mentakion or instruetians • Ensure sufficient rack space, power, efectrir; cooling. etc. far new hardware 6 in place prior to Implementation u Nore: The Customer is responsible for moving existing equipment withln a raEkto make s.u+truen:t space for new hardware_ eRus resources are cat respons ble for moving existing equipment during the physical installation of new hardware. ■ Customer responsible for the removal and disposal of hardware being replaced as part of t his pruiect_ ■ Provide location for disposal Dt packing materials_ PPI us will dispose of debris (cardboard. plastic, wood skidsr Styrofoam, and other miscellaneous packing materials) in customer -supplied dumpster ■ Customer will Provide patch cables related to project unless otherw se specified in this POP, ■ A secure storage location for all equipment delivered to the Customer Site untll the scheduled eP us installation date, it applicable. ■ Contact personnel to escart the ePtus resource(sl through the Customer Site_ ■ Access to the Cu stnmer Site during the work hours requ i red for this pre ect_ Current network Ecpc Dgy ■ Electnrel power outleic to support requirements of the installed network equipment ■ Provide a slntle technirel point of cuntad, who is famlharwith the IT envlronmerrtand requirements, to work with ePlus englneering resnurcei.sjthraugheut the project and art as a Faison between the Customer's staff - Provide requested network diagramVinformatlon w the ePlus resource within two:21 days of the in tial req est. Fifth Amendment to Fort Worth City Secretary Contract No. 60335 Page 6 of 11 DocuSign Envelope ID: 9B8555C4-FFC1 -4AF3-8A90-1 F04634877E6 t*mSign Envelope ID 70539723-B2G5-451 C-99e9-545FA9EirfTr8F '- PROJEU OBJECTIVES PLAN e Cety of Fan 1Nort111 ■ Customer represents and warrants that it has all riight, title, and im erest in and to any data Furnished in connection with the Services and/or that a has obtained all necessary consents, permissions, and releases necessary for ePlus to perform its obligations under this POP- Customer shall indemnify, defend, and hold ePlus harmless from any dabnsor Ilahililies arLdrig out otCustamees breath of the foregoing. 3.2 PROJtCT SFILORr CLrSIOMER RBS"51011LIMS • In order ro accomplish the outlined gams oFthis project, Customerw be respormibfefar malting necessary modifwations to the space as directed by ePlus The costs associated wit h these mod if mtlons are not Included In this POP ■ The roams) match(esj the drawings provided by the end -user or partner. ■ The roam has the folilonwing attributes: Ceiling space accessible 2ft x 2ft or 2ft x 4ft drop ceiEing the 12 inches of dear ceiling space above grid - Li Roam walls are constructed with sheetrock attached to stud framing spaced 16-inch or 24-inch on center. o Gear wiring paths from displays to connected furniture ttables, credenzas�- Standard room height of berween 8 ft and 1Qft From finished floor to finished cefllr-_g • Customer electri and data placement completed per ePlus specification ■ There is ready access o the bwldlnefacility and the room(sj for equIpment and materla s. • Thereis secure orage for eq ipment durnga multiple -day integration. • All work areas should he dea n and dust free prior to the beginning of on -site integration of a ectronit ecimpment- Site preparation may beverified by ePlus' Project Manager or representative before scheduling of the installation. • ePlus will dellverpackaging matenal and refuse to an on -site receptacle or location chosen by Customer Additional fees wIH apply d elKus provides hau off or container services. ■ If Customer -furnished equipment and existing cabling is to be used, these items are in goad working condition and will integuale into the designed solution ■ Al network configurations, including IP addresses, are provided operational, and furictiona before el) us Integration begins- ePlus is not responsible for testing the LAN connections. • Cable or satellite drops are in place with converter boxes operational before the comp etion of intlagration. ■ Uacumentfeview and feedback on drawingswill be completed by Customer within two (2� business days Customer communicaLion of readiness will he considered accurate and executable by ePlus Project Manager ■ The roams) should haar an acoustical environment conducive to in -person meetings as well as audio a nd video conferencing- igh ambient noise and/or high reverberation may result in a diminished meeting exptYience- 3.3 SYSTEM AESPOMS SILM S ■ rlliustomer is responsible for providing al I software and associated licenses. ■ Unless otherwise agreed by the Parties, Customer shall respond within two 12) bu Ariess days cifel) lus' request far documentation or information needed for the project Fifth Amendment to Fort Worth City Secretary Contract No. 60335 Page 7 of 11 DocuSign Envelope ID: 9B8555C4-FFC1 -4AF3-8A90-1 F04634877E6 DocaSign Emelape ID. 7163137M-62GS-45tr-9909-545FA9E5FGBF e+ PROJECT OBJECTIVES PLAN City ofFort Wnrtb • Customer shall ensure that contractswith its own Venders and third parties are fully elver used and enable Customer's business requirements to be met in ftdL Customer shall be responsihle ?oral I payments to, and the performance of, all non-ePlus entities assigned to, ar working an this project. • ePlus wul not be resp-onsble far data fuss. Backups should be performed prior to work starring, All data is the responsibility of the Customer ■ Shrruld a manufacturer provide Customer with speciall:ed OF Custom software unique to Customer ePlus will nut be responsible for any delays or failures to perform related to use of such software. ■ ePlu s shall not be responsible for support and maintenance of products. ■ Unless otherwise s pecified in this POP eRxus shall net be responsible for any r ustamization of er Libor to install software [except operating syshemsurfirrriware pie -installed by the manufacturer] • Services do not ind de resolution of software er hardware piobients res jIting from third party equipment arservices or problems beyond ePlus' control. ■ Services exclude any hardware upgrade required to run new or updated software 4.1 Gr16RALAssumpTIorg The following assumptions were made to create this POP, Should any of these assumptions prone to be Incorrect or Incemplete then ePl may modify the pike, scope of work, or Milestones pursuant to the Change Management reced ure set forth herein- ell us assumes: • Where applicable, Customers Site shall be ready prior to the date scheduled for LPlus to perform the S.ervires. Costs associated wit h Customer's I nability to 111 make the Customer Site ready or 12) m eet any of c he other respansobilities specified in this POP shal be billed at EPlus' then -current time and materials rates plus travel and other reta: ed expenses. Any additional costs incurred by C ustomer as a result of delays shall be the sole responsibility of the Customer. • Th is POP deft nes exclusively the scope of the Services. Th s POP shall nor apply to any purciaase, support er maintenance of prod,-cis,whicftare purchased setarately. ■ In the event ePlus is required to provide third party materials under this POP Ii.e- cables racks, etc.j. Customer shall be responsible for any costs, maintenance, and/air warranty obligation: therein. • Acceptance tests conducted In respect of the Services shall apply only to such Services and shall not constitute acceptance air re ection of any Product purchased or licensed separately by Customer_ ■ The schedule shal be extended up to thlrty I301 days far any personoe change requests made by Customer. • Cr stomer acknowledges that at any time du ring the project, If progress is stalled, by no tault of eMus, t or more than twenty 120] cent,gueus huslness days, --Plus reserves the righ t to issue a MOestone Cem,pletion Certificate i or work that has been cnmpieted. • If Services include any assessments of Customer's network, yystems, or security protocMls, Customer understands that no guaranty is made by eMus or its subceniraCtors that such assessments will detect all security weaknesses, potential security problems Vulnerabilities, air potential bre=_ches_ EP!us does not guarantee that recommenda:iens air aCtionsundertaken pursuant No this POP will completely address a I iswes IdentiFted or not identirted_ If an ePtus Subcontractor is used t o perform the security assessment/audit services, the data vAll be shared with --Plus far gap analysis and recommendation purposes. ■ If Services Include the implementailon of any system dealing with Emergency 911 [E911J Services, ircluding but not limited to phone systems, the Customer isrespensible for ensunng its 911 dialing is Fifth Amendment to Fort Worth City Secretary Contract No. 60335 Page 8 of 11 DocuSign Envelope ID: 9B8555C4-FFC1 -4AF3-8A90-1 F04634877E6 DowSign Ertre!❑'e IQ 7D639i23 RMC-454C-99t➢9-545FA9E6fWF G + PROJECT OBJECTIVES PLAN 6ty of Fort worth comp I%eqt with ail applicable lawn-, including but not limited to'Kari'5 taw" and the -Ray Baum Act'- ePlusencourages customers to consult with thei counsel regard rig this matter Dommenn are created using ePlus templates jstructure and format} and delmered Yo Customer in sottcopy only Customization to deiilerable documents (structure, l`ormat, and'/or other non-standard content) must he handled via a Change Request JCR) unless explid* stated In this POP. ,-Plus Del verable Documents include up to Ewp 12) revisions, perdocument, based on CustomertEedbaik- Subsequent revisions will require a CR or separate POP ■ TheTnai source code if within stop,- or the Customer's system is available as a deliverable at the conclusion ofthe project- System files will bestored on ePlus servers. AAttemphng to mod Fy, comp. le, restore, or upload to any hardware du ng the warranty Period will void the system warranty- Should the Customer desire the final source code as a deliverable, ePlus will rm longer be held Gable for arry changes made to the Customer s system ar the code iicelf. This Indudes any system failures that would normally be covered under the existing warranty agreement 4-2 PAaiiictSvfdRCAssuaamorri ■ Calls and meenngs wil be scheduled at a mutually agreeable time between Customers and ,-Plus' resources. The calls and meetings will be scheduled through ,-plus' Project M onager- ■ No training is included in thisproject unless otherwise specified in this POP ■ Services schedule reflects work effort based on non-cDntiguous business days and does not ndude a full- time ePlus Engineer for staff augmentation during the project ■ The following work is not inducted in the scope of work: o All conduit, h-gh vokage. wonng panels, breakers, relays, boxes, receptacles, wire pathways, etc- • Concrete saw cutting and/or care drilGng- a Fire wall, ceding roof, and floor penetration- ❑ Necessary gypsum hoard replaremem and/arrepair n '4ecessary ceding tile orT-bar modituations, replacements. and/or repa r a Any millwork jmoldmgs trim cut outs, etc.-. o Patching and pa nting- o Permits {uniess specifically provided for and identified within the contrartj- Otf-site trash disposal, unless Customer speci6urally requests and pays all associated fees. S-1 MWAM) TnnEum The estimated t meline for the Services will begin with. -In t h rty 130 days after execution of this POP and r-ontinue far not mare than six (6) months- If Services have r-ot been 5diedu Ed at the execution of this POP, a time ine should be developed mutually by the Parties and agreed to before earn phase of the Services beg ns The actual start date will depend on the following considerations ■ Scheduled availability of a qualified systems engineer ■ Receipt of Product and any necessary equipment ■ Receipt at signed POP from Customer pn or to proposed start date ■ Receipt of purdhase order from C-Ustomer Fifth Amendment to Fort Worth City Secretary Contract No. 60335 Page 9 of 11 DocuSign Envelope ID: 9B8555C4-FFC1 -4AF3-8A90-1 F04634877E6 Do,w.Sr9n Envelope 10. 71*539723-R2C5-451C-99BS 545FA9E6F6BF e4 PROJECT OBJECTIVES PLAN Orof of Fan lhlotth 5.2 TtompsAtiOti Either Party may tertninatethe POP for any reason on th rty (30) days prior written rnatioe to the other Party. Upon any such terminatlon ePlus will be paid all lees and expenses which have been incurred or earned in connection with the performa nce of the Services through vhe effective date of surh tierminatini-L Additionally in the event Customer canceIsany Services with less than two (2) weeks prior nobce, Customer shall relmb me el), us Far any non-iretundab�e expen ses inarrned in preparation for such cancelled Services_ for the Services performed under this PIGP, Customer agrees to pay ePlus a tee a $28,226.00 (the 'Fee-). Milestones a e as follows: Milestone 1 POP Acceptance and Signature $14,111.Ui} Mllestane 2 Ifmject Completion SA UI-00 The Prici ng in this POP Is valid for sixty [601 days from delivery to the Customer. Fee s indude reasonable travel to and from the required location and incidental expenses_ Customer shall ii.sue a purchase order adequate to cove r the Fee prior to commencement of Services_ Fees far additional services ralated to but npt defined in this POP will be on a time and materials basis at a rate set forth in a written amendment or Change Request_ All tasks under this POP will be completed during Norma Business Hours. Payment is due pursuant to the agreed-u pon terms in the Agreement re4emnced in section 11). Customer acknowledges that ePlus may participate in and retain the benefit of incentive plan i or other programs with, among others, its travel providers wFerein ePlus may receive benefitsr such as frequent fiber miles or of her consideration far corporate travel vdume_ Fees expenses, and other charges for the Services do not nclude sales, use, excise value added or other applicable taxes, tariffs, or duties. Payment that may he due om such amounts, and shall be the sole responsl blity of Customer (exdGding ank applicab a taxes based an ePlus' net income or taxes arising from the emplayment or independent contractor relationship between ePlus and its personnel j_ Upon eP us completion of a Milestane or Service performed, ePlus al I notify Customer by providing one of the fallowing fors or acceptance: Signed work order or time sheet: ar • Milestone/Service Completion Certificate ("MCC'; or ■ Protect completion document Customer has five (S) working days from the completion of the Services or Milestone, as applicable, to accept the work performed as being complete_ Signing of the MCC, approving the time sheet. orCustmmer's fadure to respond to the approval request with. n the designated five (51 working day period, signifies Customer's acceptance of the Milestone or time sheet and that Services have been performed in accordance with the PDP In order to refuse accepts of the Services. Customer must Provide ePlus with full details that show that Services do not conform to the POP ePlus shall address such non-contoruunce in a timely manner and shall compile an action Fifth Amendment to Fort Worth City Secretary Contract No. 60335 Page 10 of 11 DocuSign Envelope ID: 9B8555C4-FFC1 -4AF3-8A90-1 F04634877E6 D3m-*j n Emelope If} 7D939; 23-R2G5-i5tCa3984715FA9E6F6EF e+ PROJECT OBJECTIVES PLAN My of Fort Worth pla n tD correct .any deticienties- The acceptance p nocess shall he repeated u nti, all de"iciencies have been resolved and the Services meet the requirements of the PUP. Acceptance may not be withheld due to defects in Sertdo2s that do not represent a materia non{Dn(armance with the requ:re rnents at the POP. Any change to the scope of Servicesa the okliga, boas Ot the Parties under this POP shall be set forth in a mutualh! agreed change request signed by both Parties j'Cha nge Request-�. The Change Request may be drafted by a they Party and will describe the nature of the change, the reason for the change and the effect of the change on the scope of work, Deliverab es andjor the schedule- The Parties will negotiate in good faith the changes to the Se>vicesand the addition al charges, if any, requlred tD Implement the Change Request. ePlus war ran Ls the trmallationto be free a(de(ects M marerials and workrn3nshlp Jar per, ad a4riioety S90h days, ootnrnencing upon receipt of benefi[iai use of tie egmpment,or upoo completion of the installation, wtdchevw comes fast {t.f e'Vrhrranty Perbmrif, durt%Me warranty period, Customer notifies ePlus thar the system fai@stD perform as specl.%K ePlus shall correct oke prokklerr at no additianal samto LheChvoee. The forpVingwarfai�ry exchides damage or MablOty to use the system due 10 l5aeas in The equiprneitl, loss or fluctuation of AC power, imerru¢troris in network senAce or Custontef miSuie. Equipment components In the system are eoveierf by numufaduref'swarranty of 4arying hengt»sa& determined by eaeh maredacturer Should Rase equipment components fall, ePlus call provi0o support services to dlaruse, repair and replace camperients under manufacn,aer`swarranty tar na charge during the Warr" Pzrlada,t9 maycontlnue taprovldesuch support serviCesaftef me warranty Period asa tMlaWeservke, trwXa new ■rexnLing BSAageeement as the billing method Castsim repair or reiieratinnof sefvire causedbv uxwwlam listed above imall be billed on aTlme aura Matef [A 5, bails. ThraWhout the Warfanty Period eP]usilwkprov4setelephoneand emadl support, aria Crest effort basis, dumngno►mal baslness hours, Monday-rfiday EM a,fht EST To 5100 p.m. EST. This POP iv City of Fart Worth-NDrthwest library and Children's Latr141199 is acceptable Please sign and return to Steve H ugbes at [Exas-services-managementLOeples.com N WITNFS5 W EREOF, the duly authorized repre.sentatnres of the Parties hereto have caused this POP to be executed. Fifth Amendment to Fort Worth City Secretary Contract No. 60335 Page 11 of 11 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 http://apps.cfwnet.org/council_packet/mc review.asp?ID=31413&councildate=9/26/2023 4/30/2024 M&C Review Page 2 of 3 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, http://apps.cfwnet.org/council_packet/mc review.asp?ID=31413&councildate=9/26/2023 4/30/2024 M&C Review Page 3 of 3 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 4/30/2024