Loading...
HomeMy WebLinkAboutContract 58187-R@A@CSC: _______________ Second Renewal and Amendment to Fort Worth City Secretary Contract No. 58187 Page 1 of 4 SECOND RENEWAL AND AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 58187 This Second Renewal and Amendment to Fort Worth City Secretary Contract No. 58187 (“Agreement”) is made by and between the City of Fort Worth (“City”), a Texas home-rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Dataminr Inc. (“Vendor”), acting by and through its duly-authorized representative, each individually referred to herein as a “Party” and collectively as the “Parties.” WHEREAS, on October 4, 2022, the Parties entered into City Secretary Contract No. 58187; and WHEREAS, it is thecollective desire of the Parties to amend the Agreement to add Service Order and increase the total allowable annual compensation from $96,000.00 to $144,000.00; and WHEREAS, it is the collective desire of the Parties to amend the Agreement to allow for unlimited one-year renewals; NOW, THEREFORE, City and Vendor do hereby agree to the following: I. AMENDMENT TO AGREEMENT The following terms are hereby amended to either replace any conflicting terms in the Original Agreement or shall be added to the terms and shall be binding and enforceable as if they were originally included therein and the amended agreement shall be referred to as the Agreement in all future documents. Service Order, effective date October 1, 2024, attached to this Amendment will be made a part of this Agreement for all purposes. Compensation Total compensation under this Agreement will not exceed one hundred and forty-four thousand dollars. 1. Term. The Agreement shall commence upon the date signed by the Assistant City Manager below (“Effective Date”) and shall expire no later than September 30, 2025 (“Expiration Date”), unless terminated earlier in accordance with the provisions of this Agreement or otherwise extended by the parties. This Agreement may be renewed for unlimited one-year renewals upon mutual agreement by the Parties, each a “Renewal CSC: _______________ Second Renewal and Amendment to Fort Worth City Secretary Contract No. 58187 Page 2 of 4 Term.” The City shall provide Vendor with written notice of its intent to renew at least thirty (30) days prior to the end of each term. II. RENEWAL TO AGREEMENT The Agreement, as previously amended, is hereby renewed for an additional renewal term (the “Second Renewal Term”) commencing on October 1, 2024, and ending on September 30, 2025, unless terminated earlier in accordance with the Agreement. III. 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. IV. 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 aPDF ortiff image, of a signature shall betreated as and shall have the same effect as anoriginal. (signature page follows) (remainder of this page intentionally left blank) CSC: _______________ Second Renewal and Amendment to Fort Worth City Secretary Contract No. 58187 Page 3 of 4 IN WITNESS WHEREOF, the Parties hereto have executed this Second Renewal and Amendment to be effective the day the Assistant City Manager signs this Second Renewal and Amendment. ACCEPTED AND AGREED: CITY OF FORT WORTH By: ___________________________ Name: William Johnson Title: Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief ATTEST: By: ______________________________ Name: Jannette S. 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: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Jerris Mapes Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0759 Date Approved: N/A Form 1295 Certification No.: __N/A____ DATAMINR, INC. By: Name: Dana Barnes Title: President Global Public Sector Date: _________________ CSC: _______________ Second Renewal and Amendment to Fort Worth City Secretary Contract No. 58187 Page 4 of 4 Service Order Effective Date: October 1, 2024 Customer:Fort Worth Police Department (“Customer”)Address: 3900 Barnett St., Fort Worh, TX 76103 Contact: Ward Robinson Email: Ward.Robinson@fortworthtexas.gov Phone: (817) 392-1765 Billing Contact: Billing Email: Services: This Service Order is for the license listed below for First Alert. LICENSE TYPE:Fees Per License Total Annual Fees 20 Individual Use Licenses solely for use by Authorized Users $7,200 $144,000 TOTAL FEES: $144,000 Initial Term: 12 months (from October 1, 2024 through September 30, 2025). Fees: For the Initial Term, Customer shall pay Dataminr, Inc. (“Dataminr”) the Total Fees set forth above. Payments: Method of Payment – ACH/Wire Transfer or Check (please include invoice number on all payments) Sales Tax Exempt PO Required – Yes No; If PO required, provide PO #_____ ____ Additional Terms: PULSE FOR CYBER RISK- Upon notification from Dataminr that the Pulse for Cyber Risk for public sector product is available to the Customer, the parties may mutually agree in writing to exchange certain of the First Alert licenses for licenses for Pulse for Cyber Risk on a 1:1 basis for no additional fee. The Pulse for Cyber Risk offering will include access to Dataminr’s Pulse for Cyber Risk base package which includes; Digital Risk Intelligence, Third Party Risk Intelligence and Vulnerability Intelligence. This package includes alerting on up to 10 Named Entities (Companies/Organizations) as well as 10 Domains/Credentials. This agreement is entered into as of the date indicated above (the “Effective Date”) between Dataminr, Inc. and the Customer, and is subject to the Master Services Agreement (“Master Agreement”) attached as Exhibit A to Statement of Work No. 1 dated October 1, 2022 and the Addendum to Master Services Agreement between the City of Fort Worth and Dataminr, Inc dated October 4, 2022, previously entered by and between the parties. There will be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof. Each party’s acceptance of this Agreement was and is expressly conditional upon the other’s acceptance of the terms contained in the Agreement to the exclusion of all other terms. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Master Agreement. Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C DATE:8/27/2024 REFERENCE NO.: **M&C 24- 0759 LOG NAME: 35DATAMINR FIRST ALERT CYBER THREAT DETECTION CODE:C TYPE:CONSENT PUBLIC HEARING:NO SUBJECT: (ALL) Authorize an Amendment to the Contract with Dataminr, Inc., to Purchase Additional Software Licenses for a New Total Amount Not to Exceed $175,032.00 Annually for the Police Department and Information Technology Solutions Department RECOMMENDATION: It is recommended that City Council authorize execution of a contract amendment to City Secretary Contract Number 58187 with Dataminr, Inc. to purchase additional software licenses for a new total amount not to exceed $175,032.00 annually for the Police Department and Information Technology Solutions Department. DISCUSSION: This Mayor and Council Communication (M&C) is requesting authorization to amend City Secretary Contract (CSC) 58187 for the purchase of an additional eight (8) Dataminr licenses for a new total of twenty (20) licenses in the amount of $144,000.00 for the next one-year term. Each renewal year cost, for the following four years, will include a five percent (5\%) increase over the previous year’s pricing. On October 4, 2022, the City entered into CSC 58187 to purchase five (5) Dataminr First Alert software licenses for social media monitoring and cyber threat detection to the City’s network infrastructure. September 11, 2023, CSC 58187-A1R1 was executed to add seven (7) licenses and extend the contract through September 30, 2024. The Police Department Intelligence Exchange (INTEX) and Information Technology Solutions Department (ITS) Cyber Security use Dataminr First Alert software for social media monitoring and cyber threat detection of the City’s network infrastructure. Dataminr provides alerts to the City on current social media trends and activities around the world that are used as a predictor of local cyber threats. First Alert leverages over 1,000,000 global, publicly available datasets to create tens of thousands of unique, high-quality, real-time alerts per day, from 195 countries. The Dataminr alerts will improve the City’s overall awareness of potential cyber threats by providing real-time, breaking news alerts from social media, blogs, information sensors, and the deep/dark web. The City currently uses 12 licenses and approval of this M&C will add eight more for a new total of 20 licenses to monitor social media trends and cyber threat detection. Additional user licenses will mitigate risk to the City and its affiliates within the 10-county area of responsibility for INTEX. The chart below represents annual costs for the 20 licenses for the next term and four additional one- year renewal terms. Costs increase by five percent each renewal year. DATAMINR FIRST ALERT Number of licenses Term Annual Cost 20 October 1, 2024 to September 30, 2025 $144,000.00 Page 1 of 3M&C Review 8/27/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32466&councildate=8/27/202 4 Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Funding is budgeted in the Other Contractual Services account within the Crime Control & Prev Dist Fund for the Police Department and in the Grants Cap Projects Federal Fund for the ARPA ITS initiatives project. DVIN-BE: The Police Department was approved for a Chapter 252 Exemption by the City Attorney’s Office for the purchase of Dataminr software for the Police Department and Information Technology Solutions Department (ITS). Therefore, the business equity goal is not applicable. 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. AGREEMENT TERM: Upon City Council’s approval, the term of the Agreement for the purchase of the total 20 licenses will become effective October 1, 2024 and expire September 30, 2025. RENEWAL OPTIONS: The Agreement currently allows for unlimited one-year renewals upon the mutual agreement of the parties. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City’s obligations during the renewal period. 20 October 1, 2025 to September 30, 2026 $151,200.00 20 October 1, 2026 to September 30, 2027 $158,760.00 20 October 1, 2027 to September 30, 2028 $166,698.00 20 October 1, 2028 to September 30, 2029 $175,032.00 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital and operating budget, as previously appropriated, in the Grants Cap Projects Federal Fund for the ARPA ITS initiatives project and in the Crime Control & Prev Dist Fund to support the approval of the above recommendation and execution of the amendment. Prior to any expenditure being incurred, the Police Department and the Information Technology Solutions Department have the responsibility to validate the availability of funds. TO FROM Submitted for City Manager's Office by:William Johnson (5806) Originating Department Head:Neil Noakes (4212) Additional Information Contact:Robert A Alldredge (4131) ATTACHMENTS Page 2 of 3M&C Review 8/27/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32466&councildate=8/27/202 4 35DATAMINR FIRST ALERT CYBER THREAT DETECTION.docx (CFW Internal) Approved Chapter 252 6-20-2024.pdf (Public) DVIN-BE approved 7-10-2024.pdf (CFW Internal) FID Table Dataminr First Alert.XLSX (CFW Internal) Form 1295 Certificate 101232373 (1) (1).pdf (CFW Internal) Page 3 of 3M&C Review 8/27/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32466&councildate=8/27/202 4