HomeMy WebLinkAboutContract 59552-A9Ninth Amendment to Fort Worth City Secretary Contract No. 59552 Page 1 of 2
AMENDMENT NO. 9
TO
CITY OF FORT WORTH CONTRACT 59552
This Ninth 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 attached Bulk Services
Agreement 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 Bulk Services Agreement 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.
Ninth Amendment to Fort Worth City Secretary Contract No. 59552 Page 2 of 2
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:
DocuSign Envelope ID: 2FCC427B-EA73-482A-B06A-C2F7483F9176
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Bulk Services Agreement
City of Fort Worth
BSA
BSA# City of Fort Worth-BSA-146382
6/12/2024
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Bobby Lee200 Texas Street,
Fort Worth, TX 76102
817-392-- 2310
Bobby. Lee@fortworthtexas.gov
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DocuSign Envelope ID: 2FCC427B-EA73-482A-B06A-C2F7483F9176
e+
BULK SERVICES AGREEMENT
City of Fort Worth
This Bulk Services Agreement ("BSA") is made June 12th, 2024 by and between City of Fort Worth, with its principal
office located at 200 Texas Street Fort Worth, Texas 76102 (hereinafter referred to as "Customer") and ePlus
Technology, inc., a corporation organized under the laws of the Commonwealth of Virginia, with its principal place
of business at 13595 Dulles Technology Drive, Herndon, VA 20171(hereinafter referred to as "Supplier" or
"ePlus"). ePlus and Customer may also be referred individually as "Party" or collectively as "Parties." This BSA is
governed by the TIPS-230105 CSC 59552, for the provision of professional or consulting services by ePlus to
Customer ("Agreement").
ePlus will provide to Customer information technology consulting services and resources on a prepaid basis, using
the time and material rates below, which will be deducted from the balance, as services are rendered, when
needed for on-site or remote engineering design and support ("Services"). The ePlus engineering hourly rates
that apply to this BSA follow below:
Joe Ro�e
Senior Engineer
Consultant
Sr Consultant
Solutions Architect
Senior Solutions Architect
Lead Technical Architect
Principal Architect
Principal Security Strategist
Project Manager
Senior Project Manager
N otes:
.
HOURLY RATE
$157.00
$186.00
$ 214.00
$229.00
$243.00
$257.00
52�1.00
$286.00
$186.00
$215.00
Pre-Scheduled Work is when Customer notifies ePlus at least three (3) business days in advance of
date/time work is required.
ePlus makes no guarantee that resources will be available to respond to emergency requests.
Unscheduled requests will be handled using commercially reasonable efforts only.
Normal Business Hours (NBH) are defined as Monday through Friday 8am-Spm, except for ePlus holidays.
Services delivered during Non-Business Hours, weekend hours, and hours in excess of forty (40) hours per
week or eight (8) hours per day will be billed at 1.5 times the hourly rate.
DocuSign Envelope ID: 2FCC427B-EA73-482A-B06A-C2F7483F9176
�+ BULK SERVICES AGREEMENT
City of Fort Worth
• A minimum of four (4) hours shall be charged for any work done onsite.
• A minimum of one (1) hour shall be charged for any work done remotely.
• All work shall be billed in 30-minute increments after any minimums have been applied.
• All materials used shall be billed separately.
• Senior ePlus staff providing Services in emerging or specialty technologies will bill at the Architect level or
higher.
• ePlus will assign resources at a bill rate that aligns with the complexity and timeline that is appropriate for
the request. Customer will be advised of proposed assignments and bill rates prior to scheduling the
work.
• All requested Services should be pre-scheduled through ePlus with your Account Executive or On Demand
Services Call Center by calling (866) 758-7662 (Option 3) or by emailing Support Services-
Ondemand@eplus.com
• Services rendered will be deducted from the posted purchase order. Prepaid balance under this BSA shall
expire within one (1) year and remaining balance will be forfeited.
Regular statements of the balance of the agreement will be provided. When the balance has been
depleted, further Services are conditioned on Customer's issuance of a new purchase order under this
BSA. A new agreement or change request is not required unless ePlus' pricing has changed.
COMMENCEMENT AND COMPLETION DATES: from June 12, 2024, to June 12, 2025
Commencement and Completion dates represent a proposed one (1) year term; actual term will be from the date
of the purchase order until the expiration of the last purchase order issued hereunder. Either Party may terminate
the BSA 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.
Unless otherwise specified in writing, the primary contacts for Supplier and the Customer shall be:
NAME Steve Hughes
BobbyLee
PHONE�EMAII texasservicesmanagement@eplus.com 817-392-2310
DocuSign Envelope ID: 2FCC427B-EA73-482A-B06A-C2F7483F9176
�+ BULK SERVICES AGREEMENT
City of Fort Worth
4.1 THE PRICING IN THIS BSA IS VALID FOR SIXTY �60� DAYS FROM DELIVERY TO THE CUSTOMER.
4.2 CUSTOMER SHALL PAY, IN ACCORDANCE WITH THE RELEVANT TERMS AND CONDITIONS OF THE AGREEMENT, A FEE FOR
SUPPLIER�S PERFORMANCE OF SERVICES FOR THE PROJECT.
4.3 CUSTOMER WILL PREPAY EPLUS $10,000.00, TO BE RETAINED AND APPLIED AS SERVICES ARE RENDERED BY EPLUS.
CUSTOMER WILL BE NOTIFIED IF THE BALANCE IS RUNNING LOW AND NEEDS TO BE REPLENISHED VIA CHANGE ORDER.
4.4 EXCEPT PURSUANT TO A CUSTOMER REQUEST UNDER SECTION 4.5, FUNDS WILL ONLY BE DEDUCTED FROM THE BALANCE FOR
SERVICES RENDERED, WITH PRIOR CUSTOMER APPROVAL.
4.5 EPLUS WILL INVOICE THE CUSTOMER THE TOTAL AMOUNT OF THE BSA, AS REFERENCED IN 4.3, UPON BSA EXECUTION, AND
CUSTOMER AGREES TO PAY SUCH INVOICE WHETHER OR NOT SERVICES HAVE BEEN RENDERED YET. IN THE EVENT OF SUCH
PREPAYMENT, EPLUS WILL PERFORM THE SERVICES UPON CUSTOMER'S REQUEST ON OR BEFORE THE EXPIRATION DATE OF THIS
AGREEMENT.
4.6 PAYMENTS ARE DUE TO EPLUS WITHIN THIRTY �30� DAYS AFTER CUSTOMER'S RECEIPT OF AN INVOICE AGAINST THIS
AGREEMENT.
Upon ePlus' completion of a task or Service performed, ePlus shall notify Customer by providing a time sheet for
signature or a Milestone/Service Completion Certificate ("MCC"). Customer has five (5) working days from the
completion of the Services or task, as applicable, to accept the work performed as being complete. Signing of the
time sheet or MCC, or Customer's failure to respond to the time sheet or MCC within the designated five (5)
working day period, signifies Customer's acceptance of the task and that Services have been performed in
accordance with this BSA. In order to refuse acceptance of the Services, Customer must provide ePlus with full
details that show that Services do not conform to the BSA. ePlus shall address such non-conformance in a timely
manner and shall compile an action plan to correct any deficiencies. Acceptance may not be withheld due to
defects in Services that do not represent a material non-conformance with the requirements of the BSA.
6.1 EPLUS WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM THE SERVICES, TO THE EXTENT THAT THE FAILURE IS CAUSED BY
CUSTOMER'S LACK OF COOPERATION.
6.2 EPLUS WILL NOT BE HELD RESPONSIBLE FOR DATA LO55. BACKUPS SHOULD BE PERFORMED PRIOR TO WORK STARTING. ALL DATA
IS THE RESPONSIBILITY OF THE CUSTOMER.
6.3 EPLUS WILL NOT BE HELD LIABLE FOR SOFTWARE LICENSE COMPLIANCE. SOFTWARE LICENSE COMPLIANCE IS BETWEEN THE
CUSTOMER AND THE SOFTWARE COMPANY.
6.4 EPLUS WILL NOT BE HELD FOR ADDITIONAL WORK NOT LISTED IN THIS BSA. AN ADDENDUM MUST BE WRITTEN AND APPROVED
BY BOTH EPLUS AND THE CUSTOMER BEFORE ADDITIONAL WORK CAN BE STARTED.
6.5 EPLUS WILL NOT BE HELD RESPONSIBLE FOR DELAYS OR FAILURES TO PERFORM HEREUNDER DUE TO CAUSES BEYOND ITS
REASONABLE CONTROL (INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, FIRE, FLOOD, WAR, EXPLOSION, SABOTAGE,
TERRORISM, EMBARGO, CIVIL COMMOTION, ACTS OR OMISSIONS OF ANY GOVERNMENT ENTITY, SUPPLIER DELAYS,
COMMUNICATIONS OR POWER FAILURE, EQUIPMENT OR SOFTWARE MALFUNCTION, OR LABOR DISPUTES�.
DocuSign Envelope ID: 2FCC427B-EA73-482A-B06A-C2F7483F9176
�+ BULK SERVICES AGREEMENT
City of Fort Worth
6.6 EPLUS WILL NOT BE HELD RESPONSIBLE FOR DELAYS OR FAILURES TO PERFORM RELATED TO THE CUSTOM CONFIGURED OR
SPECIALIZED HARDWARE OR SOFTWARE NEEDING MODIFICATION BY THE MANUFACTURER.
6.7 EPLUS WILL NOT BE HELD RESPONSIBLE FOR DELAYS OR FAILURES TO PERFORM RELATED TO THE DATA CONVERSION BEING
PERFORMED BY THE CUSTOM CONFIGURED OR SPECIALIZED SOFTWARE MANUFACTURER.
6.$ SINCE EPLUS RESOURCES WILL BE PERFORMING SERVICES AT CUSTOMER�S DIRECTION, NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN THE AGREEMENT EPLUS' LIABILITY ARISING OUT OF SUCH SERVICES SHALL BE LIMITED TO THE AMOUNT OF FEES
PAID UNDER THIS BSA.
Each Party hereby acknowledges and confirms that it has read this BSA and accepts and approves the scope of
work and terms and conditions. Each Party understands that should additional work be required that by its nature
could not have been known or determined at the time this BSA was executed, a mutually agreeable written change
order describing the additional work and any related expenses will be required.
This BSA must be signed and returned before work can begin. Please sign and return to ePlus at
texasservicesmanagement@eplus.com.
Deputy City Manager
�
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized
representatives as of the Effective Date.
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
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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)
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