HomeMy WebLinkAboutContract 59952-A1DocuSign Envelope ID: 25D3C75F-8DC9-42A2-A8B6-CF75148CE4CE
CSC No. 59952-A1
AMENDMENT NO. 1
TO
CITY OF FORT WORTH CONTRACT 59952
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 ePlus Technology, Inc. ("Vendor"), Buyer and Vendor may be
referred to individually as a Party and collectively as the Parties.
WHEREAS, on August 8, 2023, the Parties entered into City Secretary Contract 59952
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 Project Objectives Plan,
attached to this Amendment as Exhibit A, at no additional cost using the existing City Secretary
Contract 59952 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 Project Objectives Plan, attached hereto as
Exhibit A and incorporated for all purposes, to the Agreement as though originally attached to the
Agreement. The Exhibit A is added at no additional cost to the City.
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
First Amendment to Fort Worth City Secretary Contract No. 59952 Page 1 of 8
DocuSign Envelope ID: 25D3C75F-8DC9-42A2-A8B6-CF75148CE4CE
CxK@J04WY0117_V j3K'X":7040113
CITY OF FORT WORTH:
By: kl--
Name: Mark McDaniel
Title: Deputy City Manager
Date: May 22, 2024
APPROVAL RECOMMENDED:
A
By:
Name: Kevin Gunn
Title: Director, IT Solutions Department
ATTEST: poF FFORT°��
o
ono os,
By:
V � d�p� n�ap544pp
Name: Jannette Goodall
Title: City Secretary
VENDOR:
ePlus Technolo OdbV §ned by:
By: �Olit, lit
Name: OE441�ICLdUfl 1 n
Title: SVf�P Contracts
Date: 5/20/2024
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: Sudong Lee (May 21, 202409:41 CDT)_
Name: Sudong Lee
Title: Sr. IT Solutions Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Taylor Paris
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: n/a
Approved:
1295:
ATTEST: hDocusigned by:
Bv: I
Name: wa,� 9�D� r
Title: contracts Administrator
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No. 59952 Page 2 of 8
DocuSign Envelope ID: 25D3C75F-8DC9-42A2-A8B6-CF75148CE4CE
Exhibit A
10.367ACAA40T4E-43DB-9638-B5(120F205E92
Project Objective Plan
City of Fort Worth
Binary Derens. SIFM Tuning
POPA City of Fart Worth -Binary Defense STEM T Wing-147134
5f 112024
Svdong {5D) tee
200 Texas Street
Fart Worth, TX 76102
E17-392-9905
Su dong.iee,eFvrtwerthtexas.gav
First Amendment to Fort Worth City Secretary Contract No. 60335 Page 3 of 8
DocuSign Envelope ID: 25D3C75F-8DC9-42A2-A8B6-CF75148CE4CE
DoQ,Slpn EnvNupe 112.. 387ACAAD07aEJ30fl-963EI-5502DF206E92
e' PKU3titT OBJECTIVES PLAN
citVol Fed Worth
This Agreement and Prn-ectObjectiws Plan I "POP") Ls made May 1", 2424 1"Effective Crate"j by and between
City of Fort Worth ("Customer"] and ePlus Tech nology, Inr. 1 ePlus-1 it- arh of ePlus and Customer a "Party
and together the "Parties") This POP is governed by the signed TIPS230105 CDntract for the provision of
professional or consulting services lay e'lirs W Customer (the Agreement")
1.1 F*:n111V£ SUM MARV 6Frvit SERVICES
Customer has engaged ePlus to provide up to sirty-four (64) hours Df Binary DETense Slf M Tuning.
1.2 IL FINrr1om
Delhrerable: A measurable indication of progress within a given phase, dorumentation in hard ropy or electranir
farm such as analyses, reports, manuals, test results, ar !ny other items as set forth In seCion 2.2.
Milestone A specific goa abjectiYe, or event pertaintIng to services described in this POP
Normal Business Hours: The hours o" Monday through Friday 8-00 a-m. to 5:00 pm local time, eKluding any
federal and ePlus observed holidays- A list of ePlusobserved holidays will be provided upon request.
Products: Third -party hardware and/or software products are sold separately and are not deliverables.
2-1 SERYECEs
The Services that eRus and/or Its subcontractor shall provide will Include_
■ LI p to stidy-Four 164E hours of Binary Deter -se SIEM Tuning-
2.2 Dtav9RAMUS
ePl us will pruvIde Services only, and no Deliverables will be provided-
2.3 PiAtt of PE rtiurLMA! a
Unless otherwise specified elsewhere in this POP, all on-siteServiceSMAII be performed at Cu5wmer's facilities
located at the hallowing locauonjsj 1' Customer
• Services will be perfnrrred rerrrnteFy
3.1 GErttaALREsporeSr ILMES
■unng the course of this protect, ePlus w:ll require the support of Custome- staif and computing resourres- it the
required Customer resources cannat be made available, the scope of the Services, estimated schedule jsee section
5.11, ar both may be affected. Customer agrees to provide the fallowing:
■ A work area suitable for the tasks is he performed and any required software ordommentation
• If CustDmea directly procures any hardware or software req ui red for this project. Customer agrees to
pravrde the hardware, software, and any acmm panyIN support documentation or instructions
■ Ensure sufficient rack space, power electric, cooling, etc for new hardware is in place prior to
imptementation
First Amendment to Fort Worth City Secretary Contract No. 60335 Page 4 of 8
DocuSign Envelope ID: 25D3C75F-8DC9-42A2-A8B6-CF75148CE4CE
Doeu&pn Envelope 16 367ACAA0.074E-430B gB3B-B50Dr�F2O5E32
G f PROJECT OBJECTIVES PLAN
City of Fort Wnrth
a htr The C stomer is responsible for moving exist ng eq uipment within a rack to m ake
sufficient space for new hardwa re. ePlus resources are not respons ible for mowing existing
equipment during the physica I installation of new hardware-
• Customer isresponsible for the removal and disposal of hardware fterngrepbced as part of I.his prajjen.
• Provide location for disposal of packing materials. ePius will dispose of detris (cardboard, plas.tic, wood
skids, Styrofaa m, and other miscellaneous packing materials n rus[amer-supplied dumpster
• Customer will provide patch rabies related to project unless otherwise specified in this POP
• A secure storage iocaLon for all equipment delivered ra the Customer Site until the scheduled ePlus
insta Ilatiion date, if applicable
• Contact persannei Sa escort the ePlus resaurcefs)through [fie Customer Site,
• Arcess to the Customer Site d gyring the work hours required for this project-
+ Current network topology
• Electrical power autfets to suppar requirements oithe installed network equipment
• Provide a single technical point of rantact. who is familiar with the IT environment and requirements, to
work with ePlus engineering resourref s}throughout the project and art as a liaison between the
Customer's staff_
• Provide requested network diagramsfinformatlon to the ePlus resourre within two 12j days of the I nu! al
request
• Customer represents and warrants that it has all right, tit IL and interest in and to any data furnished in
connection Nv h the Services and/or that it has obtained a I necessary consents, permasians, and releases
necesswyforePlus to perform its obltztians under this POP Customer shall indemnify, defend, and hold
ePlus harmless from any claims or liabifities arising out of Customers breach of the foregoing.
3.2 SYSTEM ALW01AMBILMILS
■ Customer is responsible for providing al I software and associated licenses.
• Unless atfierwise agreed by the Parties, Customer shall respond within two 121 business days of 01us'
request for documentation or information needed for the protect.
• Customer shall ensure that rontrartsw•th da own vendors and third parties are fully executed and enable
Customer's business requirements to be met in full. Customer shall be res pnn3 ble for all pa��menrs to.
and the performance of, all nnnreP4us entities asssgned to, orworiung on this project.
■ af}lus wi I not be responsible for data lass. backups should be performed prior to work starting_ All data is
the responsibility of the Customer -
GO Should a manufacturer provide Customer with specialized ar custom software unique to Custosnerr ePlus
w not be responsible ror any delays or failures to perform related to use OF such so€tvrare
• ePlus shall nut be responsible for support and mantenanre of products-
* U nl ass otherwise specified in this PLOP, ePlus shall not he responsible for any rustamization of, or labor to
install software texcept operating systems orfnrmware pre -installed by the man ufaEturerJ-
■ Servrres do nut ndud? resolution of software ar hardware problems resulting from third party eq Ipment
or senrtres or problems beyond ePlu3! control.
■ Services exclude any hardwareupgtade required to run new or updated software
First Amendment to Fort Worth City Secretary Contract No. 60335 Page 5 of 8
DocuSign Envelope ID: 25D3C75F-8DC9-42A2-A8B6-CF75148CE4CE
D00154n EnYeiepe 0- 387ACAAO-UTAE43043-9B3B-BWZOf2f *E92
e+ PROJECT OBJECTIVES PLAN.
Gty of Fen Werth
4.1 StrrtRAL Aisummors
The following assumptions were made ; o create this POP Should any of these assumpu ans prove to he incorrect
or incomplete then -Plus may madify the price scope of work, or Milestones pursuant to the Change Management
Procedure set forth herein ePlus assumes:
a Where applicable, Customer's Site shall be ready prior M the date sched led for eClusta perform the
Services. Costs associated with Customer's inability to III make the Customer Site ready or (2) meet any
of the other responsibilities specified in this POP shall he hillyd at ePlus' then -current time and materials
rates plus t ravel and other related expenses. Any additional costs incurred by Customer as a result of
delays shall be the Sale responsibility al the Customer
• This POP defines exclusively the scope of the Services This POP shall not a pply to any purchase, support
or maintenance of products, which are purchased separately-
4 In the event ei'lusis required to provide third party materials under t his POP jvie. cablesr racks, etc. jr
Customer steal I he responsible for any casts, maintenance, and./or warranty obligations therein.
• Acceptance tests conducted in reseed of the Services shall apply only to suc In Services and shal I not
constitute acceptance or rejection of any Product purchased or licensed separately by Customer
• The schedule shall he extended up to thirty [30 days `•'sir any personnel change nequesm made by Customer
• Customer acknowledges that at any time during the project, if progress is stalled by no fault of ePJus, for
more than twenty 120) contiguous business days, ePlus reserves t:heright to issue a Milestone Completion
Certificate For work that has been campleled_
• If Servi€es ind ude any assessmenu of Custanaer's network, systems, or security pratacols, Customer
understands that no guaranty is made by ePlus or its subcontractors that such assessments wall detect a1I
security weaknesses, potential security problems, vulnerabilities, or potential breaches. ePlus does not
guarantee that recommendations OF aCtions undertaken pursuant to this POP will completely address all
issues identified or not identifwd-
If an ePfus Subcontractor is used to perform the security assessmentJaudit services, the data will
be shared with -Plus forgap analysis and recommendation purposes_
■ It Services ind ude t he mplementation of any system deali ngxith Emergency 911 jE911) Services,
including but not limited to phone systems, the fsrstamer is responsible Por ensuring its 911 dialing is
ComplEant with aH applicable lava!, including but not limited to -Kari's Law" and the "fay Baum Act'.
ePlus encourages customers to consult with l heircar.nsel regarding this m atter-
+ Documents are created using ePILs templates jstructure and format} and delivered to Customer in
sattcapyonly. Customization to deliverable documents I5tructure, Forma t� and/or other nonstandard
con;entM must he handled via a Charge Request jCRj unless explichlystated in this POP
• -Plus Deliverab a Documents include up to two (21 revisions, per document, based on Customer feedhadc
5uhsequent revislonswilI require a CR or separate POP-
.2 PAairrrSvr,rjacAssuuniftm
• Calls an d meetings will be scheduled at a mutually agreeable time between Cust amen s a nd -Plus'
re. a roes. The caHs and meetings will he sch-duaed through ePlus' Praject Manager
■ Notrainingisindudedrnthis PCP_
■ Services schedule reflects work effort based an non-contiguous business days and does not rrxlude a full-
time ePlus Engineer for staff augmentation during the project.
First Amendment to Fort Worth City Secretary Contract No. 60335 Page 6 of 8
DocuSign Envelope ID: 25D3C75F-8DC9-42A2-A8B6-CF75148CE4CE
OaaSlgn E+rvelspe ID. 367ACAAa074E-4308.9B38-&SaZGf2D5EB2
- PROJECT OBJECTIVES PLAN
e
6ty a[ Fort Worth
5.1 ESt;MAtEa TKmEuME
The estimated timeline for the Services will begin within thirty (36) days after execution of this POP and corrtinue
'rar not more than twelvetl2a months. I Services have not been scheduled at the execution of this POP a timeline
shauld he developed mutually by the Parties and agreed to before each phase at the ServiCPS begins_ The actual
start date will depend on the following considerations:
• Scheduled avaitability of a qualified systems engineer
• Receipt o` Product and any necessary eq ipment
• Receipt of signed POP From Customer pnor to proposed start date
• Receipt of p urchase order from Customer
S.2 ftim miah
Either Party may terminate the POP for zany reason on thirty 13GJ days prior written note to the other Party.
Upon any such terminabon, e.Plus will be paid all tees and expenses which have been incurred or earned in
connection with the performance of the Services through the eff date of such termination. Additionally, in
the e•lent Customer cancels any Services 'with less than two 12) week: prior notice, Customer shall reimburse ePlus
forany non-refundable expenses incurred in preparation Isr such cancelled Services_
For the Services performed under this PdP, Customer agrees to pay ePlus a fee of $21,220 00 jthe''Fee"j
M Iestones are as 1`01110wS-
rd.iles1*ne ` POP Acceptance and Signature '�-'L' _u uc'.
The Pricing in this Pi1P is valid for sixty [Wj days tram detivery to the Customer Customer shall issue a purchase
order adeq rate to cover the Fee oDrto cammencement of Services Fees faf additlonal services related to but
not defined In this POP will bean a time and materials basis at a rate set forth : n a written amendment or Change
Request. All tasks under this POP will be completed during Normal Business Hours,
Payment is due pursuaw to the agreed-u pan terms in the Agreement referenced in section 1_6. C115tarrher
acknowledges ? hat ePlus may participate in and retain the benent of incentive puns or other programs with,
among others, its travel provide s whereln ePlus may renelve benefitsr such as frequent titer miles •r other
consideration for corporate travel volume. Fees, expenses, and other charges for the Servines do not include sales,
use, excise, value addedr or other applicabletaxes, tariffs, or duties. Payment that may he due on such amounts,
and shall be'. he sale responsibility of C.uswmer (excluding any appilcab a taxes based on ePlus' net income or taxes
arising from the employment or independent contractor relationship between ePlus and its personnel]
First Amendment to Fort Worth City Secretary Contract No. 60335 Page 7 of 8
DocuSign Envelope ID: 25D3C75F-8DC9-42A2-A8B6-CF75148CE4CE
DocuSign En.vetope 11X 367ACAAA074E•43DM-9&3B-B54WF206ES2
G * PROJECT OBJECTIVES PLAN
[Ry at Feat worth
Upon ePlus' campletion of a Miiestone ar Service performed, ePlus shal notify Customer by p dt.ng one of the
following forms of aecepta nce
■ Signed work order Or time sheet; or
• Milestone/Service Completion Certificate ( MCC"j; or
■ Project comple6un document
Customer has Live (S) working days from the completlon of the Services or Milestone, as applicable, to accept the
work performed as being complete. Signing of the MCC approving the time sheet, Or Customer's failure to
respond to the apprpval request within the designated five (Sj warking day period, signifies Custo-mer's acceptance
of the M ilestone Or time sheet and that Services have been performed i n accordance with the POP- In Order tO
refuse acceptance otthe Service-, Customer must provide ePlus with full details that show that Services do not
conform in the POP ePius shall address such non corifamhance in a tamely manner and shall compile an actlan
plan to correct any deficiencies_ The acceptance process shall he repeated unt it all deFitien.cies have been resolved
and the Services meet the reiquirementsof the POP. Acceptance may not be withheld due to defects in Services
that do not represent a materla nontanformance with the requ. cements of the POP.
Any change tO the scope of Services or the obligations of the Parties under this POP shall be set forth in a mutually
agreed change request signed by both Parties 3"Cha nge Request') The Charge Request may he dratted by etcher
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. Deliverables andjor thesrh2dule_ The Parties will negotiate in goad faith the changes to the
Services and the additional chafBes, if any, requ red to imp'ement the Change Request
This POP 0 Cny of Fart Worth -Binary Defense SIEM Tuning-147139 is acceptable- Please sign and return to Sbeve
—ughes at TexasServicesManagrment@eplus.com-
IN WITNESS WV EREOF, the d ly authorized representatives Of the Parties hereto have caused this POP to be
executed.
Deputy City Manager
May 22, 2024
First Amendment to Fort Worth City Secretary Contract No. 60335 Page 8 of 8