HomeMy WebLinkAboutContract 52679-A9R5CSC No. __________
Ninth Amendment and Fifth Renewal to Fort Worth City Secretary Contract No. 52679 Page 1 of 3
NINTH AMENDMENT AND FIFTH RENEWAL
TO
FORT WORTH CITY SECRETARY CONTRACT NO. 52679
This Ninth Amendment and Fifth Renewal to Fort Worth City Secretary Contract No.
52679 is made between the City of Fort Worth City ), a municipal corporation, and
immixTechnology, Inc Consultant,a Virginia corporation. City and Consultant are each
party parties
WHEREAS,City and Vendor entered into an Agreement identified as City Secretary
Contract No. 52679 beginning August 14, 2019 ;
WHEREAS,on February 27, 2024, the City Council, through Mayor and Council
Communication (M&C) 24-0137, authorized the renewal through the Sixth Amendment to the
Agreement, renewing the current term of the Agreement to expire on December 31, 2024;
WHEREAS,on July 1, 2024, the Parties executed the Seventh Amendment to this
Agreement, increasing the value of the contract by administrative change order from $650,000 to
an amount not to exceed $750,000;
WHEREAS,on September 17, 2024, the City Council, through Mayor and Council
Communication (M&C) 24-0802, authorized the execution of Eighth Amendment to the
Agreement, increasing the value of the contract from $750,000.00 to $1,043,749.00; and
WHEREAS,it is the collective desire of both City and Vendor to amend and renew the
Agreement to increase the annual amount by $100,000.00 by administrative change order, for a
new annual amount not to exceed $1,143,749.00.
NOW THEREFORE,known by all these present, the Parties, acting herein by and
through their duly authorized representatives, agree to the following terms, which amend the
Agreement as follows:
I. AMENDMENTS
The Agreement is hereby amended to increase the annual amount by $100,000.00 for a
new annual amount not to exceed $1,143,749.00.
II. RENEWALS
The Agreement is hereby renewed for a one-year Renewal Term beginning January 1,
2025.
III. MISCELLANEOUS
Ninth Amendment and Fifth Renewal to Fort Worth City Secretary Contract No. 52679 Page 2 of 3
All other terms, provisions, conditions, covenants and recitals of the Agreement not
expressly amended herein shall remain in full force and effect.
[Signature Page Follows]
Ninth Amendment and Fifth Renewal to Fort Worth City Secretary Contract No. 52679 Page 3 of 3
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
By: ___________________________
Name: Mark McDaniel
Title: Deputy City Manager
Date: ___________________________
immixTechnology, Inc.
By: ___________________________
Name: ___________________________
Title: ___________________________
Date: ___________________________
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: ___________________________
Name: Kevin Gunn
Title: Director, IT Solutions
Approved as to Form and Legality:
By: ___________________________
Name: M. Kevin Anders, II
Title: Assistant City Attorney
Contract Authorization:
M&C:24-0802
Approval Date:09/17/2024
Form 1295:2023-1086843
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: David Zellmer
Title: Sr. IT Solutions Manager
City Secretary:
By: ___________________________
Name: Jannette Goodall
Title: City Secretary
Meghan Cohen
Sales Manager
2 Dec 2024
10/24/24, 5:15 PM
CITY COUNCIL AGENDA
Create New From This M8�C
F�RT�'�ORTI�
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REFERENCE **M&C 24- 041MMIXTECHNOLOGY PUBLIC
DATE: 9/17/2024 NO.: 0802 LOG NAME: SAFETY PAYROLL SOLUTION
SOFTWARE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize an Amendment to City Secretary Contract No. 52679 with
immixTechnology Inc. to Authorize an Increase to the Annual Contract Amount for
Professional Services, Software, and Maintenance for the Public Safety Payroll Solution
Project by $293,749.00 with a 10% Contingency Starting in Fiscal Year 2025, for an
Annual Total Not to Exceed $1,043,749.00 for the Information Technology Solutions
Department
RECOMMENDATION:
It is recommended that the City Council authorize an amendment to City Secretary Contract No.
52679 with immixTechnology Inc. using Cooperative Contract Texas Department of Information
Resources DIR-TSO-4315 for the Information Technology Solutions Department, this amendment will
authorize an increase to the annual contract amount for professional services, software, and
maintenance for the Public Safety Payroll Solution project by $293,749.00 with a 10\% contingency
starting in Fiscal Year 2025, for an annual total not to exceed $1,043,749.00 for Fiscal Year 2025 for
the Information Technology Solutions Department.
DISCUSSION:
This Mayor and Council Communication (M&C) requests authorization to execute a contract
amendment to City Secretary Contract (CSC) 52679, a purchase agreement with immixTechnology
Inc., using Cooperative Contract Texas Department of Information Resources (DIR) DIR-TSO-4315.
The purpose of this amendment is to add an increase in the authorization amount for software,
maintenance, and the associated professional services in an amount of $293,749.00 with a 10\%
contingency starting in Fiscal Year 2025. The annual contract amount will not to exceed
$1,043,749.00. This authorization ensures continued service of the technology licenses while the
Public Safety Payroll Solution project continues.
BACKGROUND:
On June 11, 2019, City Council approved M&C P-12339 authorizing a purchase agreement with
immixTechnology Inc. for Kronos Workforce TeleStaff software, professional services, support, and
maintenance using Cooperative Agreement Texas Department of Information Resources DIR-TSO-
4315 for a first-year amount of $462,120.19 and four renewal options for maintenance for $60,540.00
each year. CSC 52679 was executed August 19, 2019.
On September 28, 2021, City Council approved M&C 21-0732, authorizing a third amendment to CSC
52679. The purpose of the third amendment was to purchase and implement UKG Workforce
Dimensions software and to consolidate UKG Telestaff Enterprise software for the City's Police and
Fire Departments in the amount of $740,326.40 for implementation. Licensing and maintenance costs
were authorized for $490,284.60 annually, including two additional renewal terms for the same annual
amount. M&C 21-0732 approved the technology elements of the proposed public safety payroll
solution.
In February 2023, the Information Technology Solutions Department (IT Solutions) identified billing
errors associated with immixTechnology, Inc.'s invoices to the City. IT Solutions worked with the
vendor to resolve the identified billing issues and the parties mutually agreed to place any amounts
owed under the terms of the contract on hold ($450,000.00). The City and Vendor have since
resolved the outstanding billing issues. However, concurrent with the investigation, CSC No. 52679
M&C Review
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M&C Review
expired. With the contract expired, the City is unable to release funds for the amount in arrears. This
M&C requests authorization to execute a contract amendment to CSC 52679 to renew the agreement
for an additional one-year term so that the City may pay the $450,000.00 mutually placed on hold.
Simultaneously, IT Solutions requests authorization to increase the contract amount by $200,000.00
annually for professional services to support the ongoing public safety payroll solution. The total cost
of the contract, including the UKG Workforce Dimensions and UKG Telestaff Enterprise software
licenses ($450,000.00 in arrears) and professional services ($198,000.00), will not exceed
$650,000.00 for Fiscal Year 2024. The one-year renewal term may increase by 3\% for the following
year.
On February 27, 2024, City Council approved M&C 24-0137 authorizing a contract amendment to
CSC 52679, to renew the contract for an additional one-year term and include an option for one
additional one-year renewal term. The amendment will also increase the authorization amount for the
associated professional services in an annual amount up to $200,000.00, for a total annual contract
amount of $650,000.00. The total cost of the contract, including the UKG Workforce Dimensions and
UKG Telestaff Enterprise software licenses ($450,000.00 in arrears) and professional services
($198,000.00), not to exceed $650,000.00 for Fiscal Year 2024. The one-year renewal term may
increase by 3\% for the following year.
On July 1, 2024, the City executed Amendment No. 07 for CSC 52679 to apply an administrative
increase in an amount not to exceed $100,000.00, for a new total annual contract amount of
$750,000.00.
COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a
cooperative purchase agreement satisfies State laws requiring that the local government seek
competitive bids for the purchase of the item. Cooperative contracts have been competitively bid to
increase and simplify the purchasing power of local government entities across the State of Texas.
SUCCESSOR CONTRACTS: In the event the DIR agreement is not renewed, staff would cease
purchasing at the end of the last purchase agreement coinciding with a valid cooperative agreement.
If the City Council were to not appropriate funds for a future year, staff would stop making purchases
when the last appropriation expires, regardless of whether the then-current purchase agreement has
expired.
The City will initially use DIR contract DIR-TSO-4315 to make purchases authorized by this M&C. The
DIR-TSO-4315 Cooperative Contract is set to expire February 28, 2025. If DIR-TSO-4315 is
extended, this M&C authorizes the City to purchase similar equipment and services under the
extended contract. If DIR-TSO-4315 is not extended but DIR executes a new cooperative contract with
immixTechnology Inc. and with substantially similar terms, this M&C authorizes the City to purchase
the equipment and services under the new DIR contract.
BUSINESS EQUITY: A business equity goal is not assigned when purchasing from an approved
purchasing cooperative or public entity.
ADMINISTRATIVE CHANGE ORDER: An administrative change 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 initial term of the agreement will become
effective once executed by the Deputy City Manager and will expire on February 28, 2025, in
accordance with the DIR contract. The Agreement may be renewed in accordance with the extended
DIR-TSO-4315 cooperative agreement or its successor.
RENEWAL OPTIONS: This agreement may be renewed for one one-year term, in accordance with
the underlying DIR or its successor, at the City's option. 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 term. The one-year renewal term may increase by 3\% for the following
year.
Funding is budgeted in the ITS Capital Fund for the Information Technology Solutions Department for
the purpose of funding FY21 Public Safety Payroll Solution project.
FISCAL INFORMATION/CERTIFICATION:
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M&C Review
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the ITS Capital Fund for the FY21 Public Safety Payroll Sol project to support the
approval of the above recommendation and execution of the amendment. Prior to any expenditure
being incurred, the Information Technology Solutions Department has the responsibility to validate the
availability of funds.
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID I I Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID � Year �(Chartfield 2)
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Mark McDaniel ()
Kevin Gunn (2015)
Mark DeBoer (8598)
041MMIXTECHNOLOGY PUBLIC SAFETY PAYROLL SOLUTION SOFTWARE.docx (Public)
FID Table Immix.v2 2024-08-23.XLSX (CFW Internal)
FORM 1295 CERTIFICATE 101121946.PDF (CFW Internal)
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