HomeMy WebLinkAboutContract 60682-A1First Amendment to Fort Worth City Secretary Contract No. 60682 Page 1 of 2
AMENDMENT NO. 1
TO
CITY OF FORT WORTH CONTRACT 60682
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 January 3, 2024 the Parties entered into City Secretary Contract 60682
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 Project
Objectives Plan at no additional cost using the existing City Secretary Contract 60682 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 Projective Objectives Plan at no
additional cost using the existing City Secretary Contract 60682 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.
First Amendment to Fort Worth City Secretary Contract No. 60682 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: N/A
Approved: N/A
1295: N/A
VENDOR:
ePlus Technology, Inc.
By:
Name:
Title:
Date: ____________________________
ATTEST:
By:
Name:
Title:
6/13/2024 City of Fort Worth-Senior Consultant, GRC-148243 PAGE 1
PROJECT OBJECTIVES P LAN
City of Fort Worth
ePlus Technology, inc. | www.eplus.com
Project Objectives Plan
City of Fort Worth
Staffing - Senior Consultant, GRC
SOW# City of Fort Worth-Senior Consultant, GRC-148243
6/13/2024
This SOW shall be governed by TIPS 230105, Contract under CSC 60682
Sudong Lee
200 Texas Street,
Fort Worth, Texas 76102
(817) 392-8905
Sudong.lee@fortworthtexas.gov
6/13/2024 City of Fort Worth-Senior Consultant, GRC-148243 PAGE 2
PROJECT OBJECTIVES P LAN
City of Fort Worth
This Agreement and Project Objectives Plan POP June 13th, 2024
City of Fort Worth
laws of the Commonwealth of Virginia, with its principal place of business at 13595 Dulles Technology Drive, Herndon,
VA
1. PROJECT OVERVIEW AND TASK
Summary of Services: Customer has engaged ePlus to provide the following resource(s) to provide support in various
key initiative(s). Customer is asking that ePlus provide staff augmentation to support said initiative(s).
1.1.DEFINITIONS:
Customer Site(s) or Site(s): the physical site(s) designated by the Customer (other than ePlus sites) where the Services
may be performed.
Normal Business Hours: the hours of Monday through Friday 8:00am to 5:00pm local time, excluding any Federal and
Customer observed holidays. Customer will provide a list of their observed holidays if requested.
1.2.DETAILED DESCRIPTION OF STAFFING AND SERVICES REQUIREMENTS:
Purpose: The purpose and major scope of this POP is to provide the following position or person:
Customer has engaged ePlus to provide a Senior Consultant, GRC for support with various initiatives.
Services:
purposes of this POP)remotely. Services will include:
Provide development and implementation support of Customer-desired Governance, Risk, and Compliance
(GRC) program
Program will include the following:
o Assist with the development of the Security Governance Program (SGP) design documentation for
presentation to the Senior IT Leadership
o Assist with the development of a Risk Register that integrates into the overall GRC program
o Assist with mapping the National Institute of Standards and Technology (NIST) Cybersecurity
Framework (CSF) categories and subcategories to Customer s internal Information Technology
Procedure document (AD-R5)
o Assist with the development of controls and associated tasks, verifying that Customer can
demonstrate compliance with NIST CSF requirements
o Assist with cross mapping the NIST CSF requirements to the following security frameworks:
NIST SP 800-53 Rev. 4
COBIT 5
PCI DSS
o Assist with the development of a GRC portal
The platform could be a Customer SharePoint site or a commercial GRC product.
Examples would be Ivanti or ServiceNow.
ePlus will deploy one (1) of the above resource to work under the direction of Customer for a duration of
approximately two (2) months beginning approximately June 17 th, 2024. . The resource will be based remotely. Any
approved, travel expenses (mileage, tolls, etc.) will be reimbursed by Customer. When travel exceeds a fifty (50) mile
radius from assigned work location all travel time will be billed to Customer. Time sheets and travel expenses must be
submitted for approval on a weekly basis.
6/13/2024 City of Fort Worth-Senior Consultant, GRC-148243 PAGE 3
PROJECT OBJECTIVES P LAN
City of Fort Worth
2. ASSUMPTIONS
The following assumptions together with those detailed elsewhere were made to create this POP. Should any of these
assumptions prove to be incorrect or incomplete then ePlus may modify the price or scope of work.
Staffing Services shall be performed during Normal Business Hours. Customer may be responsible for any
additional labor costs associated with Services performed outside Normal Business Hours which are above
and beyond the scope of this POP.
ePlus shall have a lead-time of up to thirty (30) days from acceptance of Custo rchase order to begin
Services.
ePlus will require a schedule extension of up to thirty (30) days for personnel change requests made by
Customer.
Customer is the governing authority of all activities and project directives and retains full responsibility for
leadership, review, and approval of actions taken by ePlus in providing staff augmentation in support of
Customer.
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, in ePlus encourages
customers to consult with their counsel regarding this matter.
3. PERIOD OF PERFORMANCE
This POP has a maximum term of two (2 purchase order relevant to this POP
must correspond to the Term of this POP. In the event that Services are desired beyond the Term, the Parties shall
enter into a mutually agreeable, additional POP for such Services. Either Party may terminate the POP for any reason
upon thirty (30) days prior written notice to the other. Upon any such termination, ePlus will be paid all fees and
expenses which have been incurred or earned in connection with performance of Services through the effective date
of such termination.
After the initial term, ePlus reserves the right to increase prices or fees specified in this contract annually, provided
that such increase shall not exceed the latest monthly published Consumer Price Index as of the date on which any
such increase is given by ePlus.
4. PLACE OF PERFORMANCE, PRICING, AND PAYMENT TERMS
4.1.PLACE OF PERFORMANCE: Services will be performed remotely.
4.2.PRICING:
DESCRIPTION: RATE: DURATION AMOUNT:
Senior Consultant, GRC $195.00 per hour 269 hours $52,455..00
The Pricing in this POP is valid for sixty (60) days from delivery to the Customer.
Normal Business Hours: Unless otherwise specified herein, all tasks under this POP will be completed during Normal
Business Hours. An eight (8) hour daily minimum applies.
6/13/2024 City of Fort Worth-Senior Consultant, GRC-148243 PAGE 4
PROJECT OBJECTIVES P LAN
City of Fort Worth
Off-hours and Weekend Services: 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 the straight time rate of $$195.00 per hour.
ePlus will charge the normal hourly rate for hours outside of Normal Business Hours. Fees for any additional Services
related to but not defined in this POP will be performed on a time and materials basis at a rate set forth in a written
amendment, as mutually executed by Customer and ePlus.
4.3.INVOICING: Invoices will be generated based on timesheets. Timesheets signed by the Customer are deemed as
acceptance of the Service hours for billing purposes. Payment is due upon receipt of invoice and will be paid Net 30.
Approved weekly timesheets will be invoiced monthly.
5. ACCEPTANCE OF SERVICES
letion of the Services performed, ePlus shall notify Customer by providing one of the following forms
of acceptance:
Signed work order or time sheet; or
Project completion document
Customer has five (5) working days from the completion of the Services, as applicable, to accept the work performed
as being complete. Signing of the time sheet, heet
approval within the designated five (5) working day period, signifies Customer ime sheet and that
Services have been performed as described. 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.
6. CHANGE MANAGEMENT PROCEDURES
The Parties may modify the period of performance, pricing, or times and places for performance through a mutually
agreed written chang nge Requ Otherwise, the Parties shall enter into a separate, mutually
agreeable POP for services outside the scope of this POP or circumstances not listed in the previous sentence.
7. RESPONSIBILITIES
Customer is responsible for day to day management of the resource(s). ePlus will not be held responsible for
data loss; backups should be performed prior to work starting. All data is the responsibility of the Customer.
ePlus will not be held liable for software license compliance. Software license compliance is between the
Customer and the software company.
Except as may be expressly stated as a requirement under Section 1.2 above, the Services do not include
resolution of software or hardware problems resulting from third-party equipment.
8. WARRANTY
ePlus warrants that the Services will be performed by qualified personnel in a professional and workmanlike manner
in accordance with industry standards for similar services. EPLUS DOES NOT WARRANT THAT ANY OF THE COMPUTER
PROGRAM(S), CONTENT OR INFORMATION PROVIDED BY EPLUS WILL MEET PARTICULAR PURPOSE OR
REQUIREMENTS, NOR THAT THE OPERATION OF ANY SUCH COMPUTER PROGRAM WILL BE UNINTERRUPTED AND/OR
ERROR-FREE. ALL WARRANTIES PROVIDED HEREIN ARE PERSONAL TO, AND INTENDED SOLELY FOR THE BENEFIT OF,
CUSTOMER AND DO NOT EXTEND TO ANY THIRD PARTY. EPLUS DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT
6/13/2024 City of Fort Worth-Senior Consultant, GRC-148243 PAGE 5
PROJECT OBJECTIVES P LAN
City of Fort Worth
TO THIS POP (INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE), TITLE, NON-INFRINGEMENT OR OTHERWISE, EITHER EXPRESS OR IMPLIED.
9. LIMITATION OF LIABILITY
UNLESS EXPRESSLY PROVIDED OTHERWISE IN THIS POP, NEITHER EPLUS NOR ITS EMPLOYEES OR CONTRACTORS
SHALL BE LIABLE FOR ANY LOSS OR DAMAGE CLAIMED TO HAVE RESULTED FROM THE USE, OPERATION, OR
PERFORMANCE OF SOFTWARE PROGRAMS, HARDWARE, OR OTHER EQUIPMENT.. IN NO EVENT WILL EPLUS OR ITS
EMPLOYEES OR CONTRACTORS BE LIABLE TO CUSTOMER OR ITS AFFILIATES FOR (A) ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF EPLUS HAS BEEN ADVISED OF THE POSSIBILITY
THEREOF, OR (B) ANY CLAIM WHETHER IN CONTRACT OR TORT, THAT AROSE MORE THAN ONE (1) YEAR PRIOR TO
INSTITUTION OF SUIT AGGREGATE LIABILITY ARISING OUT OF OR CONNECTED WITH THIS POP, IF
ANY, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY CUSTOMER PURSUANT TO THIS PROJECT OBJECTIVES
PLAN DURING THE SIX (6) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO SUCH LIABILITY. IN NO
EVENT SHALL EPLUS BE LIABLE FOR ANY CLAIMS BY A THIRD PARTY.
10.OTHER TERMS AND CONDITIONS
10.1.WORK PRODUCT: THE PARTIES AGREE THAT EPLUS WILL BE PROVIDING SERVICES ONLY AND NO DELIVERABLES. ANY MATERIALS IN
WHICH EPLUS OR A THIRD PARTY LICENSOR, SUPPLIER OR CONTRACTOR HAS A PRE-EXISTING INTELLECTUAL PROPERTY RIGHT XISTING
MATERIALS AND EPLUS ADMINISTRATIVE COMMUNICATIONS, RECORDS, AND WORKING PAPERS RELATING TO THE SERVICES SHALL
REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF EPLUS OR ITS LICENSORS, SUPPLIERS OR CONTRACTORS. NOTHING IN THIS POP SHALL
BE DEEMED TO PERMIT CUSTOMER TO DISCLOSE, PROVIDE ACCESS TO, SUBLICENSE, DISASSEMBLE, DECOMPILE, REVERSE ENGINEER,
MODIFY, CREATE DERIVATIVE WORKS OF, OR TRANSFER ANY OF EPLUS OR ITS LICENSOR S EXISTING MATERIALS TO A SUBSIDIARY,
AFFILIATE, OR THIRD PARTY WITHOUT PRIOR, WRITTEN CONSENT OF EPLUS.
10.2.DATA RIGHTS AND CONSENTS: 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.
10.3.INTEGRATION; ORDER OF PRECEDENCE: THIS POP CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO ITS
SUBJECT MATTER AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS REPRESENTATIONS, PROPOSALS, DISCUSSIONS, AND
COMMUNICATIONS, WHETHER ORAL OR IN WRITING. IN THE EVENT OF A CONFLICT BETWEEN THE PROVISIONS OF THIS POP AND ANY
EXHIBITS, THE PROVISIONS OF THIS POP SHALL CONTROL, EXCEPT TO THE EXTENT PROVISIONS IN AN EXHIBIT EXPRESSLY PROVIDE
OTHERWISE. THIS POP MAY BE MODIFIED ONLY BY MEANS OF A MUTUALLY EXECUTED WRITTEN AMENDMENT OR MUTUALLY EXECUTED
CHANGE REQUEST. NEITHER THE TERMS OF ANY PURCHASE ORDER, INVOICE, OR OTHER INSTRUMENT DOCUMENTING A PAYMENT OR
TRANSACTION THAT IS ISSUED BY EITHER PARTY IN CONNECTION THIS POP, NOR ANY OTHER ACT, DOCUMENT, USAGE, CUSTOM, OR
COURSE OF DEALING SHALL MODIFY THE TERMS OF THIS POP. THIS POP SHALL BE ENFORCEABLE IN ACCORDANCE WITH ITS TERMS
WHEN SIGNED BY EACH OF THE PARTIES HERETO.
10.4.SEVERABILITY: THE INVALIDITY OF ANY PROVISION OF THIS POP WILL NOT AFFECT THE VALIDITY AND BINDING EFFECT OF ANY OTHER
PROVISION.
10.5.SUBCONTRACTING:
EPLUS RETAINS THE RIGHT TO SUBCONTRACT ANY SERVICE UNDER THIS POP, PROVIDED THAT EPLUS SHALL REMAIN RESPONSIBLE FOR
THE PERFORMANCE OF SUCH SUBCONTRACTORS.
6/13/2024 City of Fort Worth-Senior Consultant, GRC-148243 PAGE 6
PROJECT OBJECTIVES P LAN
City of Fort Worth
11. POPACCEPTANCE
Each Party hereby acknowledges and confirms that it has read this POP 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 POP was executed, a mutually agreeable written change order as
described in Section 5 above will be required. This POP must be signed and returned before work can begin.
IN WITNESS WHEREOF,the Parties hereto have caused this POP to be executed by their duly authorized representatives,
as of the Effective Date.
SUBMITTED BY:
ePlus Technology, inc.
ACKNOWLEDGED AND AGREED TO BY:
City of Fort Worth
AUTHORIZED
SIGNATURE
AUTHORIZED
SIGNATURE
PRINTED
NAME PRINTED NAME
TITLE TITLE
DATE DATE
PO#