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HomeMy WebLinkAboutContract 58286-A3CSC No. 58286-A3 AMENDMENT NO.3 TO CITY OF FORT WORTH CONTRACT 58286 This Amendment is made a part of the Agreement between the CITY OF FORT WORTH ("City") and SCHNEIDER ELECTRIC BUILDINGS, INC. ("Vendor"), City Secretary Contract 58286. The terms and provision of this Addendum shall control to the extent there is a conflict between the terms and conditions of this Addendum and the terms and conditions of the Agreement. WHEREAS, the Parties entered into City of Fort Worth City Secretary Contract No. 58286 on October 19, 2022 in the amount of One Hundred Thousand Dollars ($100,000.00) for Facility Technology Integration and Security System Services (Agreement) for the Water Department using OMNIA Partners Cooperative Contract No. R220703; WHEREAS, the Parties amended the Agreement on December 29, 2022, as authorized by M&C 22-0904, to increase the not to exceed amount to Two Hundred Fifty Thousand Dollars ($250,000.00) and to allow any items on the OMNIA Cooperative Contract R22073 to be added to the items listed in Exhibit A, as long as, the 15% discount off the MSRP (USD) listed in the OMNIA R220703 Cooperative Contract is applied; WHEREAS, the Parties amended the Agreement to increase the not to exceed amount by Fifty Thousand Dollars ($50,000.00) to Three Hundred Thousand Dollars ($300,000.00) as allowed by administrative authority under M&C 22-0904; WHEREAS, the Agreement allows for up to four one-year renewals at the sole discretion of the City and was most recently renewed for a term that ends on March 31, 2025; WHEREAS, the Parties now wish to amend the Agreement to increase the not to exceed amount by Fifty Thousand Dollars ($50,000.00) to Three Hundred Fifty Thousand Dollars ($350,000.00) as allowed by administrative authority under M&C 22-0904; and WHEREAS, the Parties also wish to amend the Agreement to include the attached Security System Service and Maintenance Agreement for the Fort Worth Water Department as allowed in the OMNIA Cooperative Contract R22073 as Exhibit E to the Agreement and the attached City Network Access Agreement as Exhibit D to the Agreement. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: OFFICIAL RECORD 1. CITY SECRETARY AMMENDMENT TO AGREEMENT FT. WORTH, Tx The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. A. The Agreement is hereby amended to include the following language, which shall replace City of Fort Worth Contract 58286 — Amendment No. 3 the existing language concerning the total compensation made under the Agreement: "Total payment made under this Agreement for a year by City shall not exceed Three Hundred Fifty Thousand Dollars ($350,000.00)." B. The City's Network Access Agreement is attached as "Exhibit D - Network Access Agreement." C. Vendor proposal `Security System Service and Maintenance Agreement Proposal Rev. O1' is attached as "Exhibit E — Security System Service and Maintenance." 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 Addendum 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. (signature pagefollows) City of Fort Worth Contract 58286 Amendment No. 3 ACCEPTED AND AGREED: � 109 CITY OF FORT WORTH By: Name: Fernando Costa Title: Assistant City Manager Date: 06-Jun-2024 APPROVAL RECOMMENDED: BY: Christopher H der(Jun 6, 202409:05 CDT) Name: Christopher Harder Title: Water Director ATTEST: p of Fgaraa a �o �9 dd °�=A OVo By: Name: Jannette Goodall Title: City Secretary VENDOR: 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: 9 C/ Name: Jason Lyssy Title: IT Manager, Water Department APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0904 Date Approved: l ] /08/2022 SCHNEIDER ELECTRIC BUILDINGS, INC. DoeuSlgned by: By: 1 ,� wv" Raw" Fg%"Ap,dwn Hanranan Title: General Manager Date: 22-May-2024 i OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth Contract 58286 — Amendment No. 3 EXHIBIT D NETWORK ACCESS AGREEMENT 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 the services and goods required by CSC No. 58286. In order to provide the necessary support, Vendor needs access to description of specific Network systems to which Vendor requires access, i.e. Internet, Intranet, email, HEAT System, etc. 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 description of services. 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 purposes 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 Contractor. Access rights will automatically expire one (1) year from the date of this Agreement. 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. This Agreement will be associated with the Services designated below. 3.1. Services are being provided in accordance with City Secretary Contract No. Contract No.; 3.2. Services are being provided in accordance with City of Fort Worth Purchase Order No. PO No.; 3.3. Services are being provided in accordance with the Agreement to which this Access Agreement is attached; and 3.4. No services are being provided pursuant to this Agreement. 4. Renewal. At the end of the first year and each year thereafter, this Agreement may be renewed annually if the following conditions are met: 4.1. Contracted services have not been completed; 4.2. Contracted services have not been terminated; and 4.3. Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the Vendor has provided the City with a current list of its officers, agents, servants, employees or representatives requiring Network credentials. 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. City of Fort Worth Contract 58286 - Exhibit D 5. Network Restrictions. Contractor 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 Contractor's use of the City's Network in order to ensure Contractor's compliance with this Agreement. A breach by Contractor, 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 Contractor's Data, terminate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 5.1. Notice to Vendor Personnel — For purposes of this section, Vendor Personnel shall include all officers, agents, servants, employees, or representatives of Contractor. Vendor shall be responsible for specifically notifying all Vendor Personnel who will provide services to the City under this agreement of the following City requirements and restrictions regarding access to the City's Network: 5.1.1. Contractor shall be responsible for any City -owned equipment assigned to Vendor Personnel, and will immediately report the loss or theft of such equipment to the City; 5.1.2. Contractor, and/or Vendor Personnel, shall be prohibited from connecting personally -owned computer equipment to the City's Network; 5.1.3. Contractor Personnel shall protect City -issued passwords and shall not allow any third party to utilize their password and/or user ID to gain access to the City's Network; 5.1.4. Contractor Personnel shall not engage in prohibited or inappropriate use of Electronic Communications Resources as described in the City's Administrative Regulation D7; 5.1.5. Any document created by Vendor Personnel in accordance with this Agreement is considered the property of the City and is subject to applicable state regulations regarding public information; 5.1.6. Contractor Personnel shall not copy or duplicate electronic information for use on any non -City computer except as necessary to provide services pursuant to this Agreement; 5.1.7. All network activity may be monitored for any reason deemed necessary by the City; and 5.1.8. A Network user ID may be deactivated when the responsibilities of the Vendor Personnel no longer require Network access. 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 Contractor, its officers, agents, servants, employees and/or representatives to access the City's Network. City of Fort Worth Contract 58286 - Exhibit D 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 from 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 Contractor -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. (signature page follows) City of Fort Worth Contract 58286 - Exhibit D ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Name: Fernando Costa Title: Assistant City Manager Date: 06-Jun-2024 APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney ATTEST: By: ?"P � Name: Jannette Goodall Title: City Secretary c� City of Fort Worth Contract 58286 - Exhibit D SCHNEIDER ELECTRIC BUILDINGS, INC. BySDocuSigned 6y: 6win, hjAra6v, Title: General Manager Date 22-May-2024 Exhibit E April 24, 2024 TO: City of Fort Worth Water Department 908 Monroe St. Fort Worth, TX 76102 Pricing per OMNIA Partners Contract #R220703 REF: Security System Service and Maintenance Agreement Proposal Rev.01 We are pleased to offer the following Service and Maintenance Agreement proposal for the Schneider Electric Security Access Control Systems for the Fort Worth Water Department for the period 5/1/2024 through 4/30/2025 This service agreement includes: • Prescheduled site visits for a Schneider Electric service technician to come to your facility and perform preventative maintenance tasks on each piece of equipment as outlined in the following documents. Each piece of equipment will be serviced at the frequency outlined on the following pages. • Forty -hours of onsite technician repair / troubleshooting / training • Discount from list price of all Schneider Electric and outside vendor hardware • 20% Discount from published labor rates • Priority scheduling for emergency work Designed to continually meet your dynamic business and facility needs, our Service Maintenance Agreement ensures optimal operation of your systems by proactively identifying and performing maintenance services to prevent unnecessary downtime and costly repairs. By investing in this service, you can ensure your facility is future -ready today. Upon review of our enclosed proposal, please feel free to follow up with me as your point of contact for questions or additional information. We look forward to speaking with you further and helping you to achieve success in your business. Sincerely, Brian Merritt 469-344-8870 Mobile brian.merritt(@se.com Account Manager Schneider Electric Buildings Schneider 0EIectric'" 1. Your Schneider Electric Service Team Schneider Electric has assembled a specialized team to provide you with industry -leading building services. Your service team will work with you to help you derive the highest value from your building systems investment and assist you in reducing your energy and operating costs, while maintaining the highest levels of occupant comfort, safety and productivity. This team will facilitate a smooth integration of our service activities into your normal business activities. The team will strive to meet your business objectives, provide effective lines of communication and provide continuity through the Schneider Electric personnel who execute your service program, so that your service is delivered in a seamless and transparent manner. Your service team includes the following Schneider Electric professionals: Service Coordinator: The primary responsibility of the service coordinator is to provide support and coordination for the execution of your service program. The service coordinator is ultimately responsible for Schneider Electric's service relationship with the City of Fort Worth and will strive to provide you with excellent customer service. Primary Service Technician: You will be assigned a primary service technician whose skill set best fits your system and components. Your primary service technician will be performing the service and repair functions for your Schneider Electric security equipment whenever possible. In the event that your primary technician is not available, we will then assign the secondary technician. Secondary Service Technician: You will be assigned a secondary service technician in the event that your primary service technician is not available. The Schneider Electric Building Services Resource Center: The BSRC will be your contact for service requests. The BSRC is responsible for scheduling all maintenance program services. The BSRC can be reached at 877-822-2601 for emergency service or normal service requests. Fort Worth Water Department Service Agreement Proposal City of Fort Worth Contract 58286 - Exhibit E Schneider 0EIectric' 2. Your Service Agreement Investment This service agreement will be for an original term of 12 months, beginning at the date of proposal acceptance. For services designated herein, The City of Fort Worth agrees to pay Schneider Electric the following amount: Maintenance Agreement Pricing: Total Sales Price: I $29,504.00 The annual agreement price can be adjusted if equipment as described in the attachment is added or deleted from the original agreement. This agreement will renew annually, unless either party changes the services covered or the annual investment. Annual pricing adjustments will be disclosed prior to the time of renewal. 3. Your Equipment List / Tasking This service agreement is for regularly scheduled visits by our technician with each piece of equipment found on the below table being serviced at the frequency indicated below each year. Specific tasking can be found on the corresponding tasking sheets below. Site Name Door Controller Access -Controlled Door Annual Frequency Quantity Quantity Eagle Mountain 2 3 1x Gordon Swift 2 9 1x Lake Worth Dam 1 2 1x North Holly 4 15 1x Rolling Hills 7 21 1x South Holly 8 35 1x Tenth Street 1 6 1x Village Creek 7 21 1x Westside 4 11 1x Access Control Server Qty. 1 1x Fort Worth Water Department Service Agreement Proposal City of Fort Worth Contract 58286 - Exhibit E Schneider 0EIectric'" Access Control Server Tasking Sheet PERFORMED TASKS Fort Worth Water Department Service Agreement Proposal City of Fort Worth Contract 58286 - Exhibit E Schneider 0EIectric'" Door Controller Tasking Sheet Inspect wiring for signs of corrosion, fraying, discoloration, and loose connections. ............................................................................................................... ..... Label controller with controller name (use P-touch). Photograph panel (make sure controller name is visible in picture). ............................................................................................................................................... Replace missing/fading/peeling labels. ............................................................................................................................................... Test AC fail and battery backup. ......................................................................................................................................................................................... Verify operating environment (temp and humidity) is per spec. Fort Worth Water Department Service Agreement Proposal City of Fort Worth Contract 58286 - Exhibit E Schneider 0EIectric'" Access -Controlled Door Tasking Sheet PERFORMED TASKS Check badge access reader for physical integrity. ................................................................................................................................................................................................................. Check reader, door contact and electronic locking mechanism for loose or frayed cabling. ................... ................................................................................................................................................................ Check reader mount to ensure device is secure. ..................................................................................................................................................... Ensure reader is sealed correctly if mounted outdoors. ..................................................................................................................................................................................................... Confirm reader correct LED operation. ....................................................................................................................................................................................................................................................... Confirm reader sounder activates properly. ................................................................................................................................................................................................................. Test all reader functions, as appropriate. ................................................................................................................................................................................................................. Test reader verifying acceptable read range. ................................................................................................................................................................................................................. Verify denial of access for unauthorized badge scan. ....................................................................................................................................................................................................................................................... Verify denial of access for authorized badge scan with invalid PIN entry. ....................................................................................................................................................................................................................................................... Verify denial of access for badge which is authorized for this area, but not at this time. ....................................................................................................................................................................................................................................................... Verify denial of access for badge which is valid for this facility, but not authorized for this area. ................................................................................................................................................................................................................. Check motion sensor for any physical deficiencies. ................................................................................................................................................................................................................. Test motion sensor range by moving just outside of the 60' read range of the detector ................................................................................................................................................................................................................. Check electronic door hardware to ensure the device is secure. ..................................................................................................................................................... Ensure strike lip is not binding. ....................................................................................................................................................................................................................................................... Ensure electronic door hardware releases correctly. ..................................................................................................................................................... Check electronic door hardware for any physical deficiencies. ....................................................................................................................................................................................................................... Ensure proper alignment of maglock and plate. ....................................................................................................................................................................................................................................................... Verify alarm activation, if applicable. Verify camera call-ups and pre -shots where applicable. ........................................................................................................................................................................................................................ Check to ensure egress from door functions properly either by release device or egress functionality ......................................................................................................................................................................................................................................................... Run alarm history reports confirming all alarmed devices were tested. ....................................................................................................................................................................................................................................................................... Check for proper physical integrity and operation of tolltag reader. ......................................................................................................................................................................................................................................................................... Fort Worth Water Department Service Agreement Proposal City of Fort Worth Contract 58286 - Exhibit E Schneider 0EIectric'" Access Controlled Door — Status Only Tasking Sheet PERFORMED TASKS Check door contact mounting to ensure device is secure. ............................................................................................................................................................................................................ Ensure proper alignment of door contact magnet and contact sensor. ............................................................................................................................................................................................................ Check system to ensure door contact is properly reporting status. .................................................................................................................................................................................................. Verify door schedule operation, if applicable. ..................................................................................................................................................................... Check workstation alarm. Check graphics. Check secondary alarm annunciation. Fort Worth Water Department Service Agreement Proposal City of Fort Worth Contract 58286 - Exhibit E Schneider 0EIectric'" 4. Outside of Scope Service Rates For services requested outside the scope of preventative maintenance as described within this service proposal, the below rates will be used for the calendar year 2024. Additional years' rate sheets will be provided annually as they are published. DFW Service Branch T&M Labor Rates — Security Service Agreement Customers Cateeory Hourly Rate Overtime Rate Sundav and Holidav Rate JM-F 7AM-5PM1 (M-F 5PM-7AM & Saturdav) Remote Diagnostics $173 $260 $346 Onsite Tech $182 $273 $364 Minimum Charge 2-Hour minimum for on -site service call during normal work hours. 1-Hour minimum for remote support and $10 remote connection fee. $67 Trip charge 5. Block Labor Hours This proposal includes the cost for 40 additional labor hours to be used for services as designated by the customer. This additional labor can be used for onsite repair, troubleshooting or additional training as deemed necessary by the Fort Worth Water Department. • 40 hours will be divided to 10 hours per quarter 6. Clarifications and Exclusions • This proposal does not include any additional materials with the exception of standard consumables used to perform equipment maintenance. • This proposal does not include bonds, permits or taxes of any type. • This proposal does not include overtime labor. • This proposal does not include any existing system repair, labor, parts, or materials beyond what is stated above. • This pricing is valid for 60 days from above date. 7. Pricing Labor Description Hours Estimated Labor Rate Total Price Security / BAS Technician 116 $228.00 $26,448.00 Application Engineer 8 $252.00 $2,016.00 Project Manager 4 $260.00 $1,040.00 Fort Worth Water Department Service Agreement Proposal City of Fort Worth Contract 58286 - Exhibit E Schneider 0EIectric'" We would appreciate your signature in the space provided below as your acceptance of this agreement. City of Fort Worth: Fernando Costa (Name — Printed) 7;I4C.—_ (Signature) Assistant City Manager (Title) 06-Jun-2024 (Date) (Purchase Order Number) Billing Address: Schneider Electric Acceptance: (Name — Printed) (Signature) (Title) (Date) Fort Worth Water Department Service Agreement Proposal City of Fort Worth Contract 58286 - Exhibit E FORT WORTH. Routing and Transmittal Slip Water Department DOCUMENT TITLE: Schneider Electric - Amendment 3 M&C: CPN: CSO: 58286 TO: Rick Lisenbee — Approver INITIALS d RL DOC #: Jason Lyssy — Signer Schneider Electric: Shawn Hanrahan, General Manager I Shawn.Hanrahan@se.com Shane Zondor — Approver 5Z Jan Hale — Approver I� JH Christopher Harder — Signer I ITaylor Paris — Signer I IFernando Costa — Signer I IRon Gonzales — Approver IKc Jannette Goodall — Signer IAllison Tidwell — Form Filler Tim Shidal — Acceptor I Needs to be notarized: ❑ YES 0 NO Action Reauired: ❑ As Requested ❑ For Your Information QSignature/Routing and/or Recording ❑ Comment ❑ File FOR CMO USE ONLY: Routing to CSO ® YES 11 NO EXPLANATION MEMO Attached is the third amendment of CSC 58286 with Schneider Electric for Facility Technology Integration and Security System Services for the Water Department using the OMNIA Partners Cooperative Contract No. R220703. The agreement was initially executed on October 19, 2022. The first amendment on December 29, 2022, as authorized by M&C 22-0904, increased the not to exceed amount from One Hundred Thousand Dollars ($100,00.00) to Two Hundred Fifty Thousand Dollars ($250,000.00) and allowed for the purchase of any items listed on the OMNIA Cooperative Contract No. R220703. The second amendment increases the not to exceed amount by Fifty Thousand Dollars ($50,000.00) to Three Hundred Thousand Dollars ($300,000.00) as allowed by administrative authority under M&C 22-0904. This additional funding allowed for the purchase of Pelco VideoXpert Professional software and support services for Water Facilities. The third amendment increases the not to exceed amount by Fifty Thousand Dollars ($50,000.00) to Three Hundred Fifty Thousand Dollars ($350,000.00) as allowed by administrative authority under M&C 22-0904. The third amendment also adds the City's "Network Access Agreement" as Exhibit D, and a "Security System Service and Maintenance Agreement" as Exhibit E to the Agreement. The Agreement is currently on its second renewal term which commenced on April 1, 2024 and will expire on March 31, 2025. Please approve/sign the renewal letter via Adobe Sign. If you have any questions or concerns, please contact me or call Jason Lyssy at (817) 392-2476. Thank you, ' I Tim Shidal Sr. IT Business Planner, Water IT Fort Worth Water Department 200 Texas Street Fort Worth, Texas 76102 (817)392-2515 tim. shidal (a,fortworthtexas. gov