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HomeMy WebLinkAboutContract 59552-A8Eighth Amendment to Fort Worth City Secretary Contract No. 59552 Page 1 of 3 AMENDMENT NO. 8 TO CITY OF FORT WORTH CONTRACT 59552 This Eighth 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 June 6, 2023, the Parties entered into City Secretary Contract 59552 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 the attachedChange Request at no additional cost using the existing City Secretary Contract 59552 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 Project Objectives Plan at no additional cost using the existing City Secretary Contract 59552 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 an original. Eighth Amendment to Fort Worth City Secretary Contract No. 59552 Page 2 of 3 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Name: Mark McDaniel Title: Deputy City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Kevin Gunn Title: Director, IT Solutions Department ATTEST: By: ______________________________ Name: Jannette Goodall Title: City Secretary 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: ______________________________ Name: Bobby Lee Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0061 Approved: 02/14/2023 1295: 2022-966298 VENDOR: ePlus Technology, Inc. By: Name: Title: Date: ____________________________ ATTEST: By: Name: Title: Eighth Amendment to Fort Worth City Secretary Contract No. 59552 Page 3 of 3 DocuSign Envelope ID: 08B6A42A-2EFF-48BB-A72E-2B9B2171F31A % 4�� Project Ob jectives Pla n City of Fort Worth Water Department Penetration Test POP# City of Fort Worth-Water Department Pen Test-148197 6/17/2024 ;:li�4i � . � � ::':�� ����i �� :d . ,��: Jason Lyssy 200 Texas Street, Fort Worth, TX 76102 817-392-2476 Jason.Lyssy@FortWorthTexas.gov � �`•��� •��� 11 :Z11'��;•.;.,'• •-, .. :... . . � �� ' �� � � ��4 � � � � � 1����':��`��:�:�:.�::.::,;.:,.:••..; ' '' •, , : . , , , , . . . . . . .. . . ., . ..; . ::;:::::: •. . • • •. • �, �. :: . ........... ,.., .,.. : '••� •�..:., ; ; . ; , . . . . , . . , , . . . . . •, . . . •:; •. .; •. . •.;: ••. ••.••.••.'• '• ,• : •. . •., . : . : . . . . . : . . . .. . . . . . . . . •.' • •. • •. �•. •_ •. • . •'•. �•. ••_ • _ •.'•.'• ' •: •. •._••. •.: DocuSign Envelope ID: 08B6A42A-2EFF-48BB-A72E-2B9B2171F31A �+ F I\VJ Lt. 1 V UJ LL. 1 I V LJ I L/"91V City of Fort Worth This Agreement and Project Objectives Plan ("POP") is made June 17t", 2024 ("Effective Date") by and between City of Fort Worth ("Customer") and ePlus Technology, inc. ("ePlus") (each of ePlus and Customer a"Party" and together the "Parties"). This POP is governed by the TIPS 230105 Contract for the provision of professional or consulting services by ePlus to Customer (the "Agreement"). 1.1 EXECUTIVE SUMMARY OF THE SERVICES Customer has engaged ePlus to provide security and internal penetration testing of their external and internal network. ePlus will attempt to identify the vulnerabilities and potential attack vectors and provide recommendations for remediation. 1.2 DEFINITIONS Deliverable: A measurable indication of progress within a given phase, documentation in hard copy or electronic form such as analyses, reports, manuals, test results, or any other items as set forth in section 2.2. Milestone: A specific goal, objective, or event 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, excluding any federal and ePlus observed holidays. A list of ePlus observed holidays will be provided upon request. Products: Third-party hardware and/or software products are sold separately and are not deliverables. 2.1 SERVICES The Services that ePlus and/or its subcontractor shall provide will include: • Perform external and internal penetration testing of: o External vulnerability assessment/penetration tests of two (2) IP addresses o Internal vulnerability assessment/penetration test of five (S) desktops, two (2) network switch stacks, and one (1) high availability firewall pair Planning and Preparation • Develop a customized testing plan that adheres to the NIST Cybersecurity Framework External Vulnerability and Penetration Testing • Passively gather information from OSINT (Open-Source Intelligence) regarding Customer from publicly available sources, including both regular internet and dark web resources. This information may include IP addresses, registered domains, employee social media profiles, email addresses, breached passwords, publicly accessible documents, DNS enumeration results, and technologies in use. • Employ ethical hacking techniques during a ten (10) day period to attempt attacks on Customer's external systems that are in scope. These attacks are conducted with minimal Customer support or intervention and exclude any attempts to perform DDOS attacks. • Initially use blackbox methods to attempt access to Customer's systems. If unsuccessful, ePlus may coordinate with Customer to temporarily ease security controls to conduct further ethical hacking tests using grey and white hat approaches. • Halt the testing if internal network access is obtained during this testing phase due to external factors. Customer will be promptly informed, and further actions will be decided. DocuSign Envelope ID: 08B6A42A-2EFF-48BB-A72E-2B9B2171F31A �+ F I\VJ Lt. 1 V UJ LL. 1 I V LJ I L/"91V City of Fort Worth Internal Vulnerability and Penetration Testing • Use a variety of automated open source and commercial scanning tools to gather and classify Customer's systems, open ports, running services, and vulnerabilities in the target environment. The following types of vulnerabilities are typical of those identified and exploited during a penetration test: o Weak configuration o Missing patches o Use of insecure services and protocols o Web application vulnerabilities, including the OWASP Top 10 o Authentication vulnerabilities such as default or easily guessable usernames and passwords o Database server vulnerabilities such as insecure object permissions • Exploit vulnerabilities to gain access to systems or information contained on Customer's systems. Exploitation techniques may include buffer overflows, command injection, or other methods that are intended to gain information. Exploitation done in this phase is intended to gain additional access to the platform being targeted to allow ePlus' testers to achieve the goals set collaboratively with Customer's team. Unless requested by Customer, denial of service attacks is not within the scope of Services. • Attempt to pivot to other Customer devices after a device has been exploited and system access has been achieved. • Gather evidence such as screenshots of exploited systems, level of access gained, copies of databases, application access, or other information, as needed. Findings Meeting and Project Closure After the completion of testing, ePlus will hold a meeting to present the findings from this project and to explain the results. Senior management personnel will have the ability to ask questions and make requests for changes to the final report, such as clarifying a finding or presenting the information in a slightly different way. Project Management Standard Project Management is utilized when the management requirements for a project of mid to high complexity. The expectation is that the Project Manager will be working on tasks which may include meeting planning, resource scheduling, equipment confirmation, and issue tracking, within a project workbook. The Project Manager will also be responsible for project closeout and satisfaction surveys. 2.2 DELIVERABLES ePlus will provide Services only, and no Deliverables will be provided except as follows: • Executive Summary Report o A high-level and non-technical overview of the methodology used for the testing and the results o A quick review of the findings summary table o Graphics representing discovered and exploited vulnerabilities • Technical Report o A technical report detailing the findings of the assessment and penetration testing activities as well as recommendations provided in Portable Document Format (PDF) o The results of enumeration and exploitation testing o Quantitative rank and comparison score based on the vulnerability risk and impact rating o A summarization of findings o Recommendations for correction DocuSign Envelope ID: 08B6A42A-2EFF-48BB-A72E-2B9B2171F31A �+ F I\VJ Lt. 1 V UJ LL. 1 I V LJ I L/"91V City of Fort Worth o Remediation activities and validation o Raw copies of the security scans Notwithstanding anything to the contrary set forth herein: (i) ePlus shall have the right to retain a copy of any work product of its personnel for its records; (ii) as part of ePlus' provision of the Services, ePlus may utilize proprietary works of authorship that have not been created specifically for Customer, including without limitation computer programs, methodologies, designs, tools, and documentation, as well as intellectual property rights, ideas, concepts, know-how, or data, and any derivatives thereof, which have been originated, developed or purchased by ePlus or its affiliate, subcontractors or suppliers ("ePlus Information"); and (iii) ePlus Information and ePlus' administrative communications and records relating to the Services shall remain the sole and exclusive property of ePlus. 2.3 PLACE OF PERFORMANCE Unless otherwise specified elsewhere in this POP, all on-site Services will be performed at Customer's facilities located at the following location(s) ("Customer Site"): • Services will be performed remotely 3.1 GENERAL RESPONSIBILITIES During the course of this project, ePlus will require the support of Customer staff and computing resources. If the required Customer resources cannot be made available, the scope of the Services, estimated schedule (see section 5.1), or both may be affected. Customer agrees to provide the following: • A work area suitable for the tasks to be performed and any required software or documentation. • If Customer directly procures any hardware or software required for this project, Customer agrees to provide the hardware, software, and any accompanying support documentation or instructions. • Ensure sufficient rack space, power, electric, cooling, etc. for new hardware is in place prior to implementation o Note: The Customer is responsible for moving existing equipment within a rack to make sufficient space for new hardware. ePlus resources are not responsible for moving existing equipment during the physical installation of new hardware. • Customer is responsible for the removal and disposal of hardware being replaced as part of this project. • Provide location for disposal of packing materials. ePlus will dispose of debris (cardboard, plastic, wood skids, Styrofoam, and other miscellaneous packing materials) in customer-supplied dumpster • Customer will provide patch cables related to project unless otherwise specified in this POP. • A secure storage location for all equipment delivered to the Customer Site until the scheduled ePlus installation date, if applicable. • Contact personnel to escort the ePlus resource(s) through the Customer Site. • Access to the Customer Site during the work hours required for this project. • Current network topology • Electrical power outlets to support requirements of the installed network equipment • Provide a single technical point of contact, who is familiar with the IT environment and requirements, to work with ePlus engineering resource(s) throughout the project and act as a liaison between the Customer's staff. DocuSign Envelope ID: 08B6A42A-2EFF-48BB-A72E-2B9B2171F31A �+ F I\VJ Lt. 1 V UJ LL. 1 I V LJ I L/"91V City of Fort Worth • Provide requested network diagrams/information to the ePlus resource within two (2) days of the initial req u est. • Customer represents and warrants that it has all right, title, and interest in and to any data furnished in connection with the Services and/or that it 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 claims or liabilities arising out of Customer's breach of the foregoing. 3.2 PROJECT SPECIFIC CUSTOMER RESPONSIBILITIES • Customer will provide IP addresses and access to in-scope host external. • Customer will provide internal IP addresses in scope. • Customer will provide user credentials for credential testing. • Customer will install either VM or network appliance to conduct testing. • Customer will provide IP addresses and URL(s) for all web sites with applications to be tested. • Review and provide feedback on the report and ePlus' recommendations • Assign a Project Sponsor who is available to ePlus' personnel and acts as an escalation point throughout the life of the project. • Complete documentation requests associated with this POP in a timely fashion and provide requested information to the ePlus project lead. • Assign managers, process owners, and other personnel, as appropriate, to work with ePlus throughout the project's life. o It is expected that Customer will engage and participate throughout the project's lifecycle phases. Project performance is predicated on Customer's staff, and response to documentation and information requests. Delays in providing this staffing or information may result in additional cost and/or delay in completion of the Services. 3.3 SYSTEM RESPONSIBILITIES • Customer is responsible for providing all software and associated licenses. • Unless otherwise agreed by the Parties, Customer shall respond within two (2) business days of ePlus' request for documentation or information needed for the project. • Customer shall ensure that contracts with its own vendors and third parties are fully executed and enable Customer's business requirements to be met in full. Customer shall be responsible for all payments to, and the performance of, all non-ePlus entities assigned to, or working on this project. • ePlus will not be responsible for data loss. Backups should be performed prior to work starting. All data is the responsibility of the Customer. • Should a manufacturer provide Customer with specialized or custom software unique to Customer, ePlus will not be responsible for any delays or failures to perform related to use of such software. • ePlus shall not be responsible for support and maintenance of products. • Unless otherwise specified in this POP, ePlus shall not be responsible for any customization of, or labor to install software (except operating systems or firmware pre-installed by the manufacturer�. • Services do not include resolution of software or hardware problems resulting from third party equipment or services or problems beyond ePlus' control. • Services exclude any hardware upgrade required to run new or updated software. DocuSign Envelope ID: 08B6A42A-2EFF-48BB-A72E-2B9B2171F31A �+ F I\VJ Lt. 1 V UJ LL. 1 I V LJ I L/"91V City of Fort Worth 4.1 GENERAL ASSUMPTIONS The following assumptions were made to create this POP. Should any of these assumptions prove to be incorrect or incomplete then ePlus may modify the price, scope of work, or Milestones pursuant to the Change Management Procedure set forth herein. ePlus assumes: • Where applicable, Customer's Site shall be ready prior to the date scheduled for ePlus to perform the Services. Costs associated with Customer's inability to (1) make the Customer Site ready or (2) meet any of the other responsibilities specified in this POP shall be billed at ePlus' then-current time and materials rates plus travel and other related expenses. Any additional costs incurred by Customer as a result of delays shall be the sole responsibility of the Customer. • This POP defines exclusively the scope of the Services. This POP shall not apply to any purchase, support or maintenance of products, which are purchased separately. • In the event ePlus is required to provide third party materials under this POP (i.e. cables, racks, etc.), Customer shall be responsible for any costs, maintenance, and/or warranty obligations therein. • Acceptance tests conducted in respect of the Services shall apply only to such Services and shall not constitute acceptance or rejection of any Product purchased or licensed separately by Customer. • The schedule shall be extended up to thirty (30) days for any personnel change requests made by Customer. • Customer acknowledges that at any time during the project, if progress is stalled, by no fault of ePlus, for more than twenty (20) contiguous business days, ePlus reserves the right to issue a Milestone Completion Certificate for work that has been completed. • If Services include any assessments of Customer's network, systems, or security protocols, Customer understands that no guaranty is made by ePlus or its subcontractors that such assessments will detect all security weaknesses, potential security problems, vulnerabilities, or potential breaches. ePlus does not guarantee that recommendations or actions undertaken pursuant to this POP will completely address all issues identified or not identified. o If an ePlus Subcontractor is used to perform the security assessment/audit services, the data will be shared with ePlus for gap analysis and recommendation purposes. • If Services include the implementation of any system dealing with Emergency 911 (E911) Services, including but not limited to phone systems, the Customer is responsible for ensuring its 911 dialing is compliant with all applicable laws, including but not limited to "Kari's Law' and the "Ray Baum Act". ePlus encourages customers to consult with their counsel regarding this matter. • Documents are created using ePlus templates (structure and format) and delivered to Customer in softcopy only. Customization to deliverable documents (structure, format, and/or other non-standard content) must be handled via a Change Request (CR) unless explicitly stated in this POP. • ePlus Deliverable Documents include up to two (2) revisions, per document, based on Customer feedback. Subsequent revisions will require a CR or separate POP. 4.2 PROJECT SPECIFIC ASSUMPTIONS • Calls and meetings will be scheduled at a mutually agreeable time between Customer's and ePlus' resources. The calls and meetings will be scheduled through ePlus' Project Manager. • No training is included in this POP. DocuSign Envelope ID: 08B6A42A-2EFF-48BB-A72E-2B9B2171F31A �+ F I\VJ Lt. 1 V UJ LL. 1 I V LJ I L/"91V City of Fort Worth • Services schedule reflects work effort based on non-contiguous business days and does not include a full- time ePlus Engineer for staff augmentation during the project. • This engagement is estimated to be completed within two (2) weeks of an agreed-upon start date. • ePlus will not perform testing activities that could cause damage or disruption to the telephony system or other systems. • ePlus will not be responsible for issues that arise during or after the testing. 5.1 ESTIMATEDTIMELINE The estimated timeline for the Services will begin within thirty (30) days after execution of this POP and continue for not more than twelve (12) months. If Services have not been scheduled at the execution of this POP, a timeline should be developed mutually by the Parties and agreed to before each phase of the Services begins. 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 of signed POP from Customer prior to proposed start date • Receipt of purchase order from Customer S.Z TERMINATION Either Party may terminate the POP for any reason on thirty (30) days prior written notice to the other Party. Upon any such termination, ePlus will be paid all fees and expenses which have been incurred or earned in connection with the performance of the Services through the effective date of such termination. Additionally, in the event Customer cancels any Services with less than two (2) weeks prior notice, Customer shall reimburse ePlus for any non-refundable expenses incurred in preparation for such cancelled Services. For the Services performed under this POP, Customer agrees to pay ePlus a fee of $11,130.00 (the "Fee") Milestones are as follows: Milestone 1 POP Acceptance and Signature $5,565.00 Milestone 2 Project Completion $5,565.00 The Pricing in this POP is valid for sixty (60) days from delivery to the Customer. Customer shall issue a purchase order adequate to cover the Fee prior to commencement of Services. Fees for additional services related to but not 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 Normal Business Hours. DocuSign Envelope ID: 08B6A42A-2EFF-48BB-A72E-2B9B2171F31A �+ F I\VJ Lt. 1 V UJ LL. 1 I V LJ I L/"91V City of Fort Worth Payment is due pursuant to the agreed-upon terms in the Agreement. Customer acknowledges that ePlus may participate in and retain the benefit of incentive plans or other programs with, among others, its travel providers wherein ePlus may receive benefits, such as frequent flier miles or other consideration for corporate travel volume. Fees, expenses, and other charges for the Services do not include sales, use, excise, value added, or other applicable taxes, tariffs, or duties. Payment that may be due on such amounts, and shall be the sole responsibility of Customer (excluding any applicable taxes based on ePlus' net income or taxes arising from the employment or independent contractor relationship between ePlus and its personnel). Upon ePlus' completion of a Milestone or Service performed, ePlus shall notify Customer by providing one of the following forms of acceptance: • Signed work order or time sheet; or • Milestone/Service Completion Certificate ("MCC'); or • Project completion document Customer has five (5) 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, or Customer's failure to respond to the approval request within the designated five (5) working day period, signifies Customer's acceptance of the Milestone or time sheet and that Services have been performed in accordance with the POP. In order to refuse acceptance 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-conformance in a timely manner and shall compile an action plan to correct any deficiencies. The acceptance process shall be repeated until all deficiencies have been resolved and the Services meet the requirements of the POP. Acceptance may not be withheld due to defects in Services that do not represent a material non-conformance with the requirements 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 ("Change Request"). The Change Request may be drafted by either 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 and/or the schedule. The Parties will negotiate in good faith the changes to the Services and the additional charges, if any, required to implement the Change Request. DocuSign Envelope ID: 08B6A42A-2EFF-48BB-A72E-2B9B2171F31A �+ F I\VJ LL. I V UJ LL. I I V LJ I L/"91V City of Fort Worth This POP # City of Fort Worth-Water Department Pen Test-148197 is acceptable. Please sign and return to Steve Hughes at TexasServicesManagement@eplus.com. IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have caused this POP to be executed. �cu�.td, �(.O�S �7B42D84E370D4E0.._ David Kloes VP, Services 6/17/2024 Mark McDaniel Deputy City Manager J u l 8, 2024 M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: CODE 2/14/2023 REFERENCE **M&C 23- NO.: 0061 P TYPE: CONSENT LOG NAME: PUBLIC HEARING: Page 1 of 3 Official site of the City of Fort Worth, Texas ��RT��+ORTII _��- 041NFRASTRUCTURE MULTI-COOP � 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, DIR-TSO- Netsync and 4167 WWT Presidio, DIR-TSO- Netsync and 3763 WWT Presidio, DIR-TSO- Netsync and 4299 7/3/2023 12/20/2017 2/5/2018 I /10/2024 9/12/2016 10/13/2016 2/17/2023 3/20/2018 5/4/2018 0/2/2024 1 /12/2018 2/26/2018 http://apps.cfwnet.org/council�acket/mc review.asp?ID=30688&councildate=2/14/2023 5/28/2024 M&C Review Vendor Co-op Expiration RFO Responses Date Published Due WWT and DIR-TSO- ePlus 4160 Presidio and DIR-TSO- 2�21/2025 2/26/2018 4/9/2018 ePlus 4288 W� DIR-CPO- 1/23/2025 3/15/2019 4/25/2019 4444 Netsync and TIPS 5/31/2023 1/9/2020 2/21/2020 ePlus 200105 W� OMN IA 5/31 /2026 12/1 /2020 1/19/2021 R210407 Page 2 of 3 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 http://apps.cfwnet.org/council�acket/mc review.asp?ID=30688&councildate=2/14/2023 5/28/2024 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 Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount � ID � ID � Year (Chartfield 2) Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: Valerie Washington (6192) Kevin Gunn (2015) Kevin Gunn (2015) ATTACHMENTS 041NFRASTRUCTURE MULTI-COOP funds availabilitv.pdf (CFW Internal) FID Template Multi Coop Dec2022.x1sx (CFW Internal) Form 1295 Certificate 100986599 - NETSYNC.pdf (CFW Internal) Form 1295 Certificate 100987319 CoFW DIR-TSO-4167 Presidio.pdf (CFW Internal) Form 1295 Certificate 100987322 CoFW DIR-TSO-3763 Presidio.pdf (CFW Internal) Form 1295 Certificate 100987323 CoFW DIR-TSO-4299 Presidio.pdf (CFW Internal) Form 1295 Certificate 100987325 CoFw DIR-TSO-4288-Presidio.pdf (CFW Internal) Form 1295 Certificate Citv of Ft Worth 2022-96353WWT.pdf (CFW Internal) Form 1295 Certificate of Interested Eplus.pdf (CFW Internal) http://apps.cfwnet.org/council�acket/mc review.asp?ID=30688&councildate=2/14/2023 5/28/2024