HomeMy WebLinkAboutContract 59342-A1R31405IM0x1M_=x3
AMENDMENT NO. 1 AND RENEWAL NO.3
TO
CITY OF FORT WORTH CONTRACT 59342
This First Amendment and Third Renewal is entered into by and between the City of
Fort Worth ("City"), a home rule municipality, with its principal place of business at 100 Fort
Worth Trail, Fort Worth, Texas, and Presidio Networked Solutions Group, LLC.
("Vendor"), City and Vendor may be referred to individually as a Parry and collectively as the
Parties.
WHEREAS, on May 7, 2023, the Parties entered into City Secretary Contract 59342
("Agreement"), relying on Texas Department of Information Resources Cooperative Purchase
Contract DIR-TSO-4167; and
WHEREAS, DIR-TSO-4167 expired on September 29, 2024; and
WHEREAS, Mayor and Council Communication (M&C) 23-0061 authorized the City
to purchase the same equipment and supplies under a newly executed DIR cooperative contract;
and
WHEREAS, pursuant to M&C 23-0061, the Parties wish to amend, and renew, the
Agreement to begin using the successor DIR-CPO-5347 Cooperative effective January 7, 2025.
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
The Agreement is hereby amended to begin using the successor DIR-CPO-5347
Cooperative effective January 7, 2025, per M&C 23-0061.
2.
RENEWALS
The Agreement is hereby renewed for a one-year Renewal Term beginning January 7,
2025, with pricing in accordance with Exhibit "A", attached hereto and made a part thereof the
Agreement.
3.
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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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
First Amendment and Renewal No. 3 to Fort Worth City Secretary Contract No. 59342 Page 1 of 3
have the same effect as anoriginal.
[Signatures on next page]
First Amendment and Renewal No. 3 to Fort Worth City Secretary Contract No. 59342 Page 2 of 3
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
J�tl
Name:
Mark McDaniel
Title:
Deputy City Manager
Date: Jan 28, 2025
APPROVAL RECOMMENDED:
By: /
Name: Kevin Gunn
Title: Director, IT Solutions Department
4p444pn
ATTEST: o F fORt �9,�d
moo°
Pvo to
By.
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Presidio Networked Solutions Group, LLC.
By: Erik aH yko Jan 22, 202508:24 CST)
Name: Erik Hayko
Title: Senior Contracts Manager
Date: 1/22/25
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: Robert , 2025 09:59 CST)
Name: Bobby Lee
Title: Sr. IT Solutions Manager
APPROVED AS TO FORM AND LEGALITY:
N. Kevin Andem 11
By: M. Kevin Anders, II (Jan 28, 202513: 8 CST)
Name: M. Kevin Anders, I1
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0061
Approval Date: 02/14/2023
Form 1295:2022-963536
ATTEST:
By:
Name:
Title:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment and Renewal No. 3 to Fort Worth City Secretary Contract No. 59342 Page 3 of 3
Exhibit A
DIR Contract No. DIR-CPO-5347
CISCO SYSTEMS, INC. - 77-0059951
STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES
CONTRACT FOR PRODUCT AND RELATED SERVICES
CISCO SYSTEMS, INC.
1 INTRODUCTION
i.1 Parties
This contract for Cisco Branded Products and Related Services (this "Contract") is
entered into between the State of Texas, acting by and through the Department of
Information Resources (hereinafter "DIR") with its principal place of business at 300 West
151h Street, Suite 1300, Austin, Texas 78701, and CISCO SYSTEMS, INC. a Delaware For -
Profit Corporation (hereinafter "Successful Respondent"), with its principal place of
business at 170 West Tasman Drive San Jose CA 95134.
1.2 Compliance with Procurement Laws
This Contract is the result of compliance with applicable procurement laws of the State
of Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State
Business Daily, Request for Offer (RFO) DIR-CPO-TMP-578, on 6/09/2023, for Cisco
Branded Products and Related Services (the "RFO"). Upon execution of all Contracts, a
notice of award for DIR-CPO-TMP-578, shall be posted by DIR on the Electronic State
Business Daily.
1.3 Order of Precedence
A. For transactions under this Contract, the order of precedence shall be as follows:
1. this Contract;
2. Appendix A, Standard Terms and Conditions;
3. Appendix B, Successful Respondent's Historically Underutilized
Businesses Subcontracting Plan;
4. Appendix C, Pricing Index;
5. Appendix D, End User Terms;
6. Appendix E, Services Agreement template;
7. Appendix F, Master Operating Lease Agreement;
DIR Contract No. DIR-CPO-5347
CISCO SYSTEMS, INC. - 77-0059951
8. Appendix G, Master Lease Agreement;
9. Exhibit 1, RFO DIR-CPO-TMP-578, including all Addenda; and
10. Exhibit 2, Successful Respondent's Response to RFO DIR-CPO-TMP-578,
including all Addenda.
B. Each of the foregoing documents is hereby incorporated by reference and
together constitute the entire agreement between DIR and Successful
Respondent.
1.4 Definitions
Capitalized terms used but not defined herein have the meanings given to them in
Appendix A, Standard Terms and Conditions.
2 TERM OF CONTRACT
The initial term of this Contract shall be up to two (2) years commencing on the date of
the last signature hereto (the "Initial Term"), with one (1) optional two-year renewal and
one (1) optional one-year renewal (each, a "Renewal Term"). Prior to expiration of the
Initial Term and each Renewal Term, this Contract will renew automatically under the
same terms and conditions unless either party provides written notice to the other party
at least sixty (60) days in advance of the renewal date stating that the party wishes to
discuss amendment or non -renewal.
3 OPTION TO EXTEND
Successful Respondent agrees that DIR may require continued performance under this
Contract at the rates specified in this Contact following the expiration of the Initial Term
or any Renewal Term. This option may be exercised more than once, but the total
extension of performance hereunder shall not exceed ninety (90) calendar days. Such
extension of services shall be subject to the requirements of the Contract, with the sole
and limited exception that the original date of termination shall be extended pursuant
to this provision. DIR may exercise this option upon thirty (30) calendar days written
notice to the Successful Respondent.
4 PRODUCT AND SERVICE OFFERINGS
Products and services available under this Contract are limited to the technology
categories defined in Request for Offer DIR-CPO-TMP-578 for Cisco Branded Products
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and Related Services. At DIR's sole discretion, Successful Respondent may incorporate
changes or make additions to its product and service offerings, provided that any
changes or additions must be within the scope of the RFO.
5 PRICING
5.1 Pricing Index
Pricing to Customers shall be as set forth in Appendix C, Pricing Index, and shall
include the DIR Administrative Fee (as defined below).
5.2 Customer Discount
A. The minimum Customer discount for all products and services will be the
percentage off List Price (as defined below) or MSRP (as defined below), as
applicable, as specified in Appendix C, Pricing Index. Successful Respondent
shall not establish a List Price or MSRP for a particular solicitation. For purposes
of this Section, "List Price" is the price for a product or service published in
Successful Respondent's price catalog (or similar document) before any discounts
or price allowances are applied. For purposes of this Section, WSRP," or
manufacturer's suggested retail price, is the price list published by the
manufacturer or publisher of a product and available to and recognized by the
trade.
B. Customers purchasing products or services under this Contract may negotiate
additional discounts with Order Fulfiller. Order Fulfiller and Customer shall
provide the details of such additional discounts to DIR upon request.
C. If products or services available under this Contract are provided at a lower price
to: (i) an eligible Customer who is not purchasing those products or services
under this Contract, or (ii) to any other entity or consortia authorized to sell said
products and services to eligible Customers, under the same terms and
conditions provided for the State for the same products and services under this
contract, then the available price of such products and services under this
Contract shall be adjusted to that lower price prospectively (such adjustments
shall not apply to previously invoiced or fulfilled Purchase Orders). This
requirement applies to products or services quoted by Successful Respondent for
a quantity of one (1) but does not apply to volume or special pricing purchases.
DIR or an eligible Customer shall notify and provide evidence of better pricing to
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Successful Respondent within ten (10) days of Successful Respondent providing a
lower price as described in this Section to an eligible Customer, and Successful
Respondent shall inform DIR upon receiving such notice. This Contract shall be
amended within ten (10) days to reflect such lower price.
5.3 Changes to Prices
A. Subject to the requirements of this section, Successful Respondent may change
the price of any product or service upon changes to the List Price or MSRP, as
applicable. Discount levels shall not be subject to such changes, and will remain
consistent with the discount levels specified in this Contract.
B. Successful Respondent may revise its pricing by publishing a revised pricing list,
subject to review and approval by DIR. If DIR, in its sole discretion, finds that the
price of a product or service has been increased unreasonably, DIR may request
that Successful Respondent reduce the pricing for the product or service to the
level published before such revision. Upon such request, Successful Respondent
shall either reduce the pricing as requested, or shall remove the product or
service from the pricing list for this Contract. Failure to do so will constitute an act
of default by Successful Respondent.
5.4 Shipping and Handling
Prices to Customers shall include all shipping and handling fees. Shipments will be Free
On Board Customer's Destination. No additional fees may be charged to Customers for
standard shipping and handling. If a Customer requests expedited or special delivery,
Customer will be responsible for any additional charges for expedited or special delivery.
6 DIR ADMINISTRATIVE FEE
A. Successful Respondent shall pay an administrative fee to DIR based on the dollar
value of all sales to Customers pursuant to this Contract (the "DIR Administrative
Fee"). The amount of the DIR Administrative Fee shall be seventy-five hundredths
of a percent (0.75%) of all sales, net of returns and credits. For example, the
administrative fee for sales totaling $100,000 shall be $750.
B. All prices quoted to Customers shall include the DIR Administrative Fee. DIR
reserves the right to increase or decrease the DIR Administrative Fee during the
term of this Contract, upon written notice to Successful Respondent without
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amending this Contract. Any increase or decrease in the DIR Administrative Fee
shall be incorporated in the price to Customers.
7 INTERNET ACCESS TO CONTRACT AND PRICING INFORMATION
In addition to the requirements listed in Appendix A, Section 7.2, Internet Access to
Contract and Pricing Information, Successful Respondent shall include the following
with its webpage:
A. A current price list or mechanism to obtain specific contract pricing;
B. MSRP/list price or DIR Customer price;
C. Discount percentage (%) off MSRP or List Price;
D. Warranty policies; and
E. Return policies.
8 USE OF ORDER FULFILLERS
8.1 Authorization to Use Order Fulfillers
Subject to the conditions in this Section 8, DIR agrees to permit Successful Respondent
to utilize designated order fulfillers to provide products, services, and support resources
to Customers under this Contract ("Order Fulfillers").
8.2 Designation of Order Fulfillers
A. Successful Respondent may designate Order Fulfillers to act as the distributors
for products and services available under this Contract. In designating Order
Fulfillers, Successful Respondent must be in compliance with the State's Policy on
Utilization of Historically Underutilized Businesses. DIR and Successful
Respondent will agree on the number of Order Fulfillers that are Historically
Underutilized Businesses as defined by the CPA.
B. In addition to the required Subcontracting Plan, Successful Respondent shall
provide DIR with the following Order Fulfiller information: Order Fulfiller name,
Order Fulfiller business address, Order Fulfiller CPA Identification Number, Order
Fulfiller contact person email address and phone number.
C. DIR reserves the right to require Successful Respondent to rescind any Order
Fulfiller participation or request that Successful Respondent name additional
Order Fulfillers should DIR determine it is in the best interest of the State.
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D. Successful Respondent shall be fully liable for its Order Fulfillers' performance
under and compliance with the terms and conditions of this Contract. Successful
Respondent shall enter into contracts with Order Fulfillers and use terms and
conditions that are consistent with the terms and conditions of this Contract.
E. Successful Respondent may qualify Order Fulfillers and their participation under
the Contract provided that: i) any criteria is uniformly applied to all potential
Order Fulfillers based upon Successful Respondent's established, neutrally
applied criteria, ii) the criteria is not based on a particular procurement, and iii) all
Customers are supported under the criteria.
F. Successful Respondent shall not prohibit any Order Fulfiller from participating in
other procurement opportunities offered through DIR.
8.3 Changes in Order Fulfiller
Successful Respondent may add or remove Order Fulfillers throughout the term of this
Contract upon written authorization by DIR. Prior to adding or removing Order Fulfillers,
Successful Respondent must make a good faith effort to revise its Subcontracting Plan
in accordance with the State's Policy on Utilization of Historically Underutilized
Businesses. Successful Respondent shall provide DIR with its updated Subcontracting
Plan and the Order Fulfillers information listed above.
8.4 Order Fulfiller Pricing to Customer
Order Fulfiller pricing to the Customer shall be in accordance with Section 5.
9 NOTIFICATION
All notices under this Contract shall be sent to a party at the respective address
indicated below.
If sent to the State:
Lisa Massock or Successor in Office
Chief Procurement Officer
Department of Information Resources
300 W. 151h St., Suite 1300
Austin, Texas 78701
Phone: (512) 475-4700
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If sent to Successful Respondent:
Jumana Dihu
CISCO SYSTEMS, INC.
170 West Tasman Drive
San Jose, CA 95134
Phone: (773) 269-6397
Email: jdihu@cisco.com
10 SOFTWARE LICENSE, LEASE, AND SERVICE AGREEMENTS
10.1 Software License Agreement
A. Customers acquiring software licenses to Cisco -branded products under this
Contract shall hold, use, and operate such software subject to compliance with
the End User Terms set forth in Appendix D of this Contract. Customer and
Successful Respondent may agree to additional terms and conditions that do not
diminish a term or condition in the End User Terms, or in any manner lessen the
rights or protections of Customer or the responsibilities or liabilities of Successful
Respondent. Successful Respondent shall make the End User Terms available to
all Customers at all times.
B. Compliance with the End User Terms is the responsibility of the Customer. DIR
shall not be responsible for any Customer's compliance with the End User Terms.
10.2 Services Agreement
Services provided under this Contract shall be in accordance with the Services Agreement
as set forth in Appendix E of this Contract. No changes to the Services Agreement terms
and conditions may be made unless previously agreed to by Successful Respondent and
DIR. Successful Respondent and Customer may agree to terms and conditions that do not
diminish or lessen the rights or protections of the Customer or the responsibilities or
liabilities of Successful Respondent.
10.3 Master Operating Lease Agreement
DIR and Successful Respondent hereby agree that Successful Respondent is authorized
to utilize the Master Operating Lease Agreement in Appendix F of this Contract for
Lessees that are Texas State Agencies or otherwise authorized to conduct lease
transactions through DIR Contracts.
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10.4 Master Lease Agreement
DIR and Successful Respondent hereby agree that Successful Respondent is authorized
to utilize the Master Lease Agreement in Appendix G of this Contract for DIR authorized
entities as Lessees that are not Texas State Agencies or otherwise required by statute to
utilize the Texas Public Finance Authority for such leasing transactions. Texas State
Agencies that have the requisite capital authority and who are not required to utilize such
authority via the Texas Public Finance Authority may or may not be eligible to utilize the
Master Lease Agreement; each such agency must confer with its own counsel to make
this determination.
11 CONFLICTING OR ADDITIONAL TERMS
A. The terms and conditions of this Contract shall supersede any additional
conflicting or additional terms in any additional service agreements, statement of
work, and any other provisions, terms, conditions, and license agreements,
including those which may be affixed to or accompany software upon delivery
(sometimes called shrink-wrap or click -wrap agreements), and any linked or
supplemental documents, which may be proposed, issued, or accepted by
Successful Respondent and Customer in addition to this Contract (such additional
agreements, "Additional Agreements"), regardless of when such Additional
Agreements are proposed, issued, or accepted by Customer. Notwithstanding the
foregoing, it is Customer's responsibility to review any Additional Agreements to
determine if Customer accepts such Additional Agreement. If Customer does not
accept such Additional Agreement, Customer shall be responsible for negotiating
any changes thereto. For third party products appearing on Appendix C,
Successful Respondent or Order Fulfiller, as applicable, will provide the applicable
third -party software license terms to Customer.
B. Any update or amendment to an Additional Agreement shall only apply to
Purchase Orders for the associated product or service offering after the effective
date of such update or amendment; provided that, if Successful Respondent has
responded to a Customer's solicitation or request for pricing, any subsequent
update or amendment to an Additional Agreement may only apply to a resulting
Purchase Order if Successful Respondent directly informs such Customer of such
update or amendment before the Purchase Order is executed.
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C. Successful Respondent shall not require any Additional Agreement that: i)
diminishes the rights, benefits, or protections of Customer, or that alters the
definitions, measurements, or method for determining any authorized rights,
benefits, or protections of Customer; or ii) imposes additional costs, burdens, or
obligations upon Customer, or that alters the definitions, measurements, or
method for determining any authorized costs, burdens, or obligations upon
Customer.
D. If Successful Respondent attempts to do any of the foregoing, the prohibited
documents will be void and inapplicable to this Contract or the Purchase Order
between Successful Respondent and Customer, and Successful Respondent will
nonetheless be obligated to perform such Purchase Order without regard to the
prohibited documents, unless Customer elects instead to terminate such
Purchase Order, which in such case may be identified as a termination for cause
against Successful Respondent.
12 AUTHORIZED EXCEPTIONS TO APPENDIX A, STANDARD TERMS AND
CONDITIONS
A. Appendix A, Section 3.8, Invoice, is hereby deleted and replaced in its entirety
as follows:
Refers to a Customer approved instrument submitted by Successful Respondent
or Order Fulfiller for payment of services.
B. Appendix A, Section 3.11, Statement of Work (SOW), is hereby deleted and
replaced in its entirety as follows:
Means a document entered into between Customer and Successful Respondent
or Order Fulfiller describing a specific set of activities and/or deliverables, which
may include Work Product and Intellectual Property Rights, that Successful
Respondent or Order Fulfiller is to provide Customer, issued pursuant to the
Contract.
C. Appendix A, Section 4.5, Survival, is hereby deleted and replaced in its entirety
as follows:
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All applicable Statements of Work that were entered into between Successful
Respondent and a Customer under the terms and conditions of the Contract shall
survive the expiration or termination of the Contract. All Purchase Orders issued
and accepted by Successful Respondent shall survive expiration or termination of
the Contract for the term of the Purchase Order, unless the Customer terminates
the Purchase Order in accordance with Section 11. However, regardless of the
term of the Purchase Order, no Purchase Order shall survive the expiration or
termination of the Contract for more than three (3) years. In all instances of
termination or expiration and no later than five (5) days after termination or
expiration or upon DIR request, Successful Respondent shall provide a list, in
accordance with the format requested by DIR (i.e., Excel, Word, etc.), of all
surviving Statements of Work and Purchase Orders to the DIR Contract Manager
and shall continue to report sales and pay the DIR Administrative Fees for the
duration of all such surviving Statements of Work and Purchase Orders. Rights
and obligations under the Contract which by their nature should survive,
including, but not limited to the DIR Administrative Fee and any and all payment
obligations invoiced prior to the termination or expiration hereof, obligations of
confidentiality; and indemnification will remain in effect.
D. Appendix A, Section 4.9, Data Location, is hereby deleted and replaced in its
entirety as follows:
Regardless of any other provision of the Contract or its incorporated or
referenced documents, all data for State of Texas Customers shall remain, and be
stored always and exclusively within the contiguous United States. State of Texas
Customers can specifically request and agree otherwise in a Purchase Order by
placing an order for a hosted data solution with data locations outside the United
States. All data for State of Texas Customers shall be processed, accessed, viewed,
transmitted, and received, always and exclusively within the contiguous United
States, provided that State of Texas Customers can specifically request and agree
otherwise in a Purchase Order. "Support Data," defined as data collected and
maintained by Successful Respondent when a Customer submits requests for
support and troubleshooting services, including information about the solutions
and other details about the support incident and interaction; configuration
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support data; performance monitoring data; and security threat data (threat
intelligence data, URLs, metadata, netflow data, and origin and nature of
malware) necessary to enable provisioning of the services, including security
features of the solutions, shall not be subject to this requirement, unless
otherwise requested by a Customer. For all Customers outside the State of Texas'
jurisdiction, the question of data location shall be at the discretion of such
Customers. NOTE: CUSTOMERS SHOULD CONSIDER WHETHER THEY REQUIRE
CONTIGUOUS US -ONLY DATA LOCATION AND HANDLING AND MAKE
SUCCESSFUL RESPONDENT AWARE OF THEIR REQUIREMENTS.
E. Appendix A, Section 5, Intellectual Property Matters, is hereby deleted and
replaced in its entirety as follows:
This Contract does not contemplate, authorize or support acquisition of custom
software products or services or the creation of intellectual property. If Successful
Respondent and Customer seek to contract for such product or service, they
must use a separate contract or seek amendment with DIR of this Contract. If DIR
and Successful Respondent decide to authorize customized software or hardware
products or the creation of intellectual property, then the terms and conditions of
ownership of intellectual property will be negotiated between the parties at such
time.
F. Appendix A, Section 6.A, Terms and Conditions Applicable to State Agency
Purchases Only, is hereby deleted and replaced in its entirety as follows:
Under Texas Government Code, Chapter 2054, Subchapter M, and DIR
implementing rules, DIR state agency and Institution of Higher Education
Customers must procure EIR that complies with the Accessibility Standards
defined in the Texas Administrative Codes 1 TAC 206, 1 TAC 213, and in the
Worldwide Web Consortium WCAG 2.0 AA technical standard as applicable, and
when such products or services are available in the commercial marketplace or
when such products are developed in response to procurement solicitations.
Successful Respondent complies with Section 255 of the Telecommunications Act
of 1996 and the Twenty -First Century Communications and Video Accessibility
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Act ("CVAA") of 2010, as applicable. Successful Respondent hereby represents,
certifies, and warrants its products and services comply with its then current
Accessibility Conformance Reports.
G. Appendix A, Section 7.2, Internet Access to Contract and Pricing
Information, is hereby deleted and replaced in its entirety as follows:
A. Successful Respondent Webpage
Within thirty (30) calendar days from the Effective Date, Successful Respondent
will establish and maintain a website specific to the product and services
offerings awarded under the Contract that is clearly distinguishable from other,
non-DIR Contract offerings on Successful Respondent's website. Successful
Respondent must use a web hosting service that provides a dedicated internet
protocol (IP) address. Successful Respondent's website must have a Secure
Sockets Layer (SSL) certificate and Customers must access Successful
Respondent's website using Hyper Text Transfer Protocol Secure (HTTPS) and it
will encrypt all communication between Customer browser and website. The
website must include a webpage that contains:
i) a list with description of products and/or services awarded;
ii) Successful Respondent contact information (name, telephone number and
email address);
iii) instructions for obtaining quotes and placing Purchase Orders;
iv) the DIR Contract number with a hyperlink to the Contract's DIR webpage;
v) a link to the DIR "Cooperative Contracts" webpage;
vi) the DIR logo in accordance with the requirements of Section 7.9; and
vii) any other information that the Contract indicates is required to be included
on the webpage.
B. If Successful Respondent does not meet the webpage requirements listed
above, DIR may cancel the Contract without penalty.
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H. Appendix A, Section 7.8, Services Warranty and Return Policies, is hereby
deleted and replaced in its entirety as follows:
Order Fulfiller and Successful Respondent will adhere to Successful Respondent's
then -currently published policies concerning product and service warranties and
returns. Such policies for Customers will not be more restrictive or more costly
than warranty and return policies for other similarly situated customers for like
products and services. Warranty and returns for third -party products may also be
subject to separate, additional policies and terms set forth by the applicable
third -party, in accordance with Section 11 of the Contract, provided said policies
and terms were provided to Customers prior to acceptance by Customer of the
third -party products. Successful Respondent and Order Fulfiller will assign any
such warranty and return rights to Customer, to the extent applicable.
I. Appendix A, Section 8.1, Purchase Orders, is hereby deleted and replaced in its
entirety as follows:
All Customer Purchase Orders will be placed directly with Successful Respondent
or Order Fulfiller. Accurate Purchase Orders shall be effective and binding upon
Successful Respondent or Order Fulfiller when accepted by Successful
Respondent or Order Fulfiller.
J. Appendix A, Section 10.1.1, Indemnities by Successful Respondent, is hereby
deleted and replaced in its entirety as follows:
A. Successful Respondent shall defend and indemnify DIR, the State of Texas,
and Customers, AND/OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, SUCCESSORS, ASSIGNEES, AND/OR
DESIGNEES ("Indemnified Parties") FROM ANY AND ALL LIABILITY, ACTIONS,
CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED REASONABLE COSTS,
ATTORNEY FEES, AND EXPENSES arising out of, resulting from a claim
brought by a third party based upon:
i) any negligent acts or omissions, or willful misconduct of Successful
Respondent or its employees, agents, or subcontractors in
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connection with the execution or performance of the Contract and
any Purchase Orders issued under the Contract;
ii) any and all third party claims involving infringement of United
States patents, copyrights, trade and service marks, and any other
intellectual or intangible property rights (an "Infringement") in or in
connection with the execution or performance of the Contract and
any Purchase Orders issued under the Contract; and
iii) tax liability, unemployment insurance or workers' compensation or
expectations of benefits by Successful Respondent, its employees,
representatives, agents, or subcontractors in or in connection with
the execution or performance of the Contract and any Purchase
Orders issued under the Contract.
B. Successful Respondent shall defend Indemnified Parties and shall provide the
remedies outlined in Section B below for any third -party claim directly arising
from an accidental or unlawful destruction, loss, alteration, unauthorized
disclosure of, or access to DIR data, Customer data (including, but not limited to,
text, audio, video or image files, provided by Customer to Successful Respondent
in connection with Customer's use of Successful Respondent's solutions, and data
developed at Customer's specific request related to a statement of work or
contract), confidential information of DIR or Customer, any personal identifying
information, or any other protected or regulated data resulting from a breach by
Successful Respondent of its security obligations as set forth in the Contract or
Customer's Purchase Order (a "Data Breach"), provided Customer has complied
with any data protection requirements to which it has agreed in writing. Any
third -party claim outlined in this Section B is referred to herein as a "Data Breach
Claim."
Successful Respondent shall indemnify the Indemnified Parties against the
following arising from the Data Breach Claim:
i) final judgement entered by the court of competent jurisdiction, or
fine levied by the supervisory authority or regulator;
ii) a final settlement of the Data Breach Claim;
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iii) actual and reasonable expenses notifying affected individuals of the
loss, destruction, or unauthorized access of data, as such notice is
required by applicable law; and
iv) one (1) year of credit monitoring services for individuals affected by
the unauthorized access of data.
C. THIS SECTION IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO
REQUIRE SUCCESSFUL RESPONDENT TO DEFEND OR INDEMNIFY INDEMNIFIED
PARTIES FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT
ACTS OR OMISSIONS OF INDEMNIFIED PARTIES.
D. THE DEFENSE SHALL BE COORDINATED BY SUCCESSFUL RESPONDENT WITH
THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE
NAMED DEFENDANTS IN ANY LAWSUIT AND SUCCESSFUL RESPONDENT MAY
NOT AGREE TO ANY SETTLEMENT WHICH WITHOUT FIRST OBTAINING THE
CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. FOR NON -
STATE AGENCY CUSTOMERS, THE DEFENSE SHALL BE COORDINATED BY
CUSTOMER'S LEGAL COUNSEL. SUCCESSFUL RESPONDENT AND THE CUSTOMER
AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER AND TO DIR OF
ANY SUCH CLAIM.
K. Appendix A, Section 10.1.2, Infringements, is hereby deleted and replaced in
its entirety as follows:
A. Notwithstanding the foregoing, such indemnity shall not apply, and Successful
Respondent shall have no liability under this section if the alleged infringement is
caused by:
(1) any designs, specifications or requirements provided by Customer,
or on Customer's behalf by a third party;
(2) modification of a Cisco product by Customer, or on Customer's
behalf pursuant to Customer's specific instructions;
(3) the amount or duration of use made of a Cisco product, revenue
Customer earned, or services Customer offered;
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(4) combination, operation, or use of the Cisco product with non -Cisco
products, software, content or business processes; or
(5) Customer's failure to change or replace the Cisco product as
required and properly notified by Successful Respondent.
B. If Successful Respondent becomes aware of an actual or potential claim of an
Infringement, or Customer provides Successful Respondent with notice of an
actual or potential claim of an Infringement, Successful Respondent may (or in
the case of an injunction against Customer, shall), at Successful Respondent's sole
expense: (1) procure for Customer the right to continue to use the affected
portion of the product or service, or (ii) modify or replace the affected portion of
the product or service with functionally equivalent or superior product or service
so that Customer's use is non -infringing.
L. Appendix A, Section 10.2, Property Damage, is hereby deleted and replaced in
its entirety as follows:
IN THE EVENT OF LOSS, DAMAGE, OR DESTRUCTION OF ANY TANGIBLE
PROPERTY (NOT INCLUDING DATA) OF CUSTOMER OR THE STATE DUE TO THE
NEGLIGENCE, MISCONDUCT, WRONGFUL ACT OR OMISSION ON THE PART OF
SUCCESSFUL RESPONDENT, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, OR
SUBCONTRACTORS, SUCCESSFUL RESPONDENT SHALL PAY COMMERCIALLY
REASONABLE THIRD PARTY COSTS OF EITHER REPAIR, RECONSTRUCTION, OR
REPLACEMENT OF THE PROPERTY, AT THE CUSTOMER'S SOLE ELECTION. (IN
ADDITION TO COSTS OF PRIVATE CONTRACTORS OR SUPPLIERS, REPAIR OR
REPLACEMENT COSTS OF A GOVERNMENTAL ENTITY EMPLOYED TO PERFORM
SUCH SHALL MEET THE DEFINITION OF "THIRD PARTY COSTS"). SUCH COSTS
SHALL BE ACCURATELY DOCUMENTED BY THE CUSTOMER AND SHALL BE DUE
AND PAYABLE BY SUCCESSFUL RESPONDENT NINETY (90) CALENDAR DAYS
AFTER THE DATE OF SUCCESSFUL RESPONDENT'S RECEIPT FROM THE
CUSTOMER OF A WRITTEN NOTICE AND REQUIRED DOCUMENTATION OF THE
AMOUNT DUE. THE FOREGOING SHALL CONSTITUTE CUSTOMER'S, OR STATE'S,
AS APPLICABLE, SOLE AND EXCLUSIVE REMEDY FOR SUCH PROPERTY DAMAGE
CLAIMS.
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M. Appendix A, Section 10.11, Background and/or Criminal History
Investigation, is hereby deleted and replaced in its entirety as follows:
Prior to commencement of any services, background and/or criminal history
investigation of Successful Respondent's employees and Third -Party Providers
who will be providing services to the Customer under the Contract may be
performed by the Customer or the Customer may require that Successful
Respondent or Order Fulfiller relay the confirmation of a successful background
check status. Should any employee or Third -Party Provider of Successful
Respondent who will be providing services to the Customer under the Contract
not be acceptable to the Customer as a result of the background and/or criminal
history check, then Customer may immediately terminate its Purchase Order and
related Service Agreement or request replacement of the employee or Third -
Party Provider in question.
N. Appendix A, Section 10.12, Limitation of Liability, is hereby deleted and
replaced in its entirety as follows:
A. For any claim or cause of action arising under or related to the Contract, to the
extent permitted by the Constitution and the laws of the State, none of the
parties shall be liable to the other for punitive, special, or consequential damages,
even if it is advised of the possibility of such damages.
B. Successful Respondent's aggregate liability to each individual purchasing
Customer for damages of any kind under the Contract shall not exceed two times
(2x) the total value of the individual purchasing Customer's Purchase Order under
the Contract. Such value includes all amounts to be paid over the life of the
Purchase Order to Successful Respondent by such Customer as described in the
Purchase Order.
C. Notwithstanding the foregoing or anything to the contrary herein, any
limitation of Successful Respondent's liability contained herein shall not apply to:
claims of bodily injury; disclosures of confidential information (excluding a Data
Breach, as defined in Section 10.1.13); violations of intellectual property rights
including but not limited to patent, trademark, or copyright infringement; and
violation of State or Federal law including any penalty of any kind lawfully
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assessed as a result of such violation (excluding a Data Breach, as defined in
Section 10.1.1.13).
O. Appendix A, Section 10.15, Required Insurance Coverage, is hereby deleted
and replaced in its entirety as follows:
A. As a condition of the Contract, Successful Respondent shall provide
certificates of insurance as evidence that it is maintaining the required insurance
within five (5) business days of execution of the Contract if Successful
Respondent is awarded services which require that Successful Respondent's
employees perform work at any Customer premises or use vehicles to conduct
work on behalf of Customers. In addition, when engaged by a Customer to
provide services on Customer premises, Successful Respondent shall, at its own
expense, secure and maintain the insurance coverage specified herein, and shall
provide certificates of insurance as evidence that it is maintaining the required
insurance to such Customer within five (5) business days following the execution
of the Purchase Order. Successful Respondent may not begin performance under
the Contract and/or a Purchase Order until such proof of insurance coverage is
provided to DIR and the Customer. If Successful Respondent's services under the
Contract will not require Successful Respondent to perform work on Customer
premises, or to use vehicles (whether owned or otherwise) to conduct work on
behalf of Customers, Successful Respondent may certify to the foregoing facts,
and agree to provide notice and the required insurance if the foregoing facts
change. The certification and agreement must be provided by executing the
Certification of Off -Premise Customer Services in the form provided by DIR,
which shall serve to meet the insurance requirements.
B. All required insurance must be issued by companies that have an A rating and
a minimum Financial Size Category Class of VII from AM Best, and are licensed in
the State of Texas and authorized to provide the corresponding coverage. The
Customer and DIR will be included as additional insureds on the required
commercial general liability and business automobile liability coverage for
liabilities that fall within Successful Respondent's contractual and indemnity
obligations pursuant to this Contract. Required coverage must remain in effect
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through the term of the Contract and each Purchase Order issued to Successful
Respondent thereunder. The insurance requirements are as follows:
P. Appendix A, Section 10.15.1, Commercial General Liability, is hereby deleted
and replaced in its entirety as follows:
Commercial General Liability must include $1,000,000.00 per occurrence for
Bodily Injury and Property Damage with a separate aggregate limit of
$2,000,000.00; Personal Injury and Advertising Liability of $1,000,000.00;
Products/Completed Operations aggregate Limit of $2,000,000.00 and Damage
to Premises Rented: $50,000.00. Agencies may require additional Umbrella/Excess
Liability insurance. The policy shall contain the following provisions:
A. Blanket contractual liability coverage for liability assumed under the
Contract;
B. Independent Contractor coverage;
C. State of Texas, DIR, and Customer included as an additional insured but
only to the extent of liabilities falling within Successful Respondent's
contractual and indemnity obligations pursuant to this Contract; and
D. Waiver of Subrogation, but only to the extent of liabilities falling within
Successful Respondent's contractual and indemnity obligations
pursuant to this Contract.
Q. Appendix A, Section 10.15.3, Business Automobile Liability Insurance, is
hereby deleted and replaced in its entirety as follows:
Business Automobile Liability Insurance must cover all owned, non -owned, and
hired vehicles with a minimum combined single limit of $500,000 per occurrence
for bodily injury and property damage. The policy shall contain the following
endorsements in favor of DIR and/or Customer:
A. Waiver of subrogation, but only to the extent of liabilities falling within
Successful Respondent's contractual and indemnity obligations
pursuant to this Contract;
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B. Additional insured, but only to the extent of liabilities falling within
Successful Respondent's contractual and indemnity obligations
pursuant to this Contract.
R. Appendix A, Section 11.2.1.1, Termination for Non -Appropriation by
Customer, is hereby deleted and replaced in its entirety as follows:
Customers may terminate Purchase Orders if funds sufficient to pay its
obligations under the Contract are not appropriated: i) by the governing body on
behalf of local governments; ii) by the Texas legislature on behalf of state
agencies; or iii) by budget execution authority provisioned to the Governor or the
Legislative Budget Board as provided in Chapter 317, Texas Government Code. In
the event of non -appropriation, Successful Respondent and/or Order Fulfiller will
be provided ten (10) calendar days written notice of intent to terminate.
Notwithstanding the foregoing, if a Customer issues a Purchase Order and has
accepted delivery of the product or services, they are obligated to pay for the
product or services or they may return the product and discontinue using services
under any return provisions that Successful Respondent offers. In the event of
such termination, Customer will not be in default or breach under the Purchase
Order or the Contract, nor shall it be liable for any further payments ordinarily
due under the Contract (except for products or services accepted before
termination, for which return provisions are provided, which Customer fails to
return), nor shall it be liable for any damages or any other amounts which are
caused by or associated with such termination.
S. Appendix A, Section 11.2.3, Termination for Convenience, is hereby deleted
and replaced in its entirety as follows:
DIR may terminate the Contract, in whole or in part, by giving the other party
thirty (30) calendar days' written notice. A Customer may terminate a Purchase
Order by giving the other party thirty (30) calendar days' written notice.
Notwithstanding the foregoing, if a Customer issued a Purchase Order and
accepted delivery of the ordered products or services, the Customer is obligated
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to pay for or return and discontinue using the product or services in accordance
with the payment and return provisions contained in this Contract.
T. Appendix A, Section 11.2.4.2, Purchase Order, is hereby deleted and replaced
in its entirety as follows:
Customer or Successful Respondent may terminate a Purchase Order or other
contractual document or relationship upon the occurrence of a material breach of
any term or condition: (i) of the Contract, or (ii) included in the Purchase Order or
other contractual document or relationship, upon the following preconditions:
first, the parties must comply with the requirements of Chapter 2260, Texas
Government Code, in an attempt to resolve a dispute; second, after complying
with Chapter 2260, Texas Government Code, and the dispute remains unresolved,
then the non- defaulting party shall give the defaulting party thirty (30) calendar
days from receipt of notice to cure said default. If the defaulting party fails to
cure said default within the timeframe allowed, the non -defaulting party may, at
its option and in addition to any other remedies it may have available, cancel and
terminate the Purchase Order. Customer may immediately suspend or terminate
a Purchase Order without advance notice in the event Successful Respondent fails
to comply with applicable laws or regulations, if such non-compliance relates to
vendor provision of goods or services to the Customer.
U. Appendix A, Section 11.3, Force Majeure, is hereby deleted and replaced in its
entirety as follows:
DIR, Customer, Order Fulfiller or Successful Respondent may be excused from
performance under the Contract or a Purchase Order for any period when
performance is prevented as the result of an act of God, strike, war, civil
disturbance, epidemic, or court order (each such event, an "Event of Force
Majeure"), provided that the party experiencing such Event of Force Majeure has
prudently and promptly acted to take any and all steps that are within the party's
control to ensure performance and to shorten the duration or impact of the Event
of Force Majeure. The party suffering an Event of Force Majeure shall provide
notice of the event to the other parties when commercially reasonable. Subject to
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this Section, such non-performance shall not be deemed a default or a ground
for termination. However, a Customer may terminate a Purchase Order if it is
determined by such Customer that Successful Respondent will not be able to
deliver services in a timely manner to meet the business needs of such Customer.
V. Appendix A, Section 13, Warranty, is hereby deleted and replaced in its
entirety as follows:
13 [Reserved]
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This Contract is executed to be effective as of the date of last signature.
CISCO SYSTEMS, INC.
Authorized By: Sianature on File
Name: Jenn Baenziaer
Title: Authorized Sianatory
Date: 12/20/2024
The State of Texas, acting by and through the Department of Information Resources
Authorized By: Sianature on File
Name: Lisa Massock
Title: Chief Procurement Officer
Date: 1 /7/2025
Office of General Counsel: Sianature on File
Date: 1 /7/2025
DIR-CPO-TMP-578 Page 23 of 23
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Appendix C Pricing Index
CISCO SYSTEMS, INC.
DI R-CPO-5347
Cisco Core & Compute Products including but not
limited to, Networking, Wireless and Mobility, Security,
Cisco Core and Compute Collaboration, Data Center, Analytics, Video, IoT, 36%
Meraki, etc. on Cisco's then -current U.S. Global Pricelist
under the Core & Compute Categories.
Cisco Market Products including but not limited to,
Cloud Analytics, Cloud Applications and Services,
Cisco Market Automated Infrastructure, Cloud Security, 10%
Collaboration Tools, etc. on Cisco's then -current U.S.
Global Pricelist under the Market Category.
Cisco Net Products including but not limited to,
Cisco Net custom, limited or restricted offers on Cisco's then- 0%
current U.S. Global Pricelist under the Net Category.
DIR-CPO-5347 Page 1 of 4
Brand
Cisco
Cisco
Cisco
Cisco
Cisco
Cisco
Category
Service Description
Smart Net Total Care for Government with 1 year term:
Networking Services:
Technical support and flexible hardware coverage
Smart Net Services
provided by the Cisco Technical Assistance Center
(TAC)
Smart Net Total Care for Government with 3 year term:
Networking Services:
Technical support and flexible hardware coverage
Smart Net Services
provided by the Cisco Technical Assistance Center
(TAC)
Smart Net Total Care for Government with 5 year term:
Networking Services:
Technical support and flexible hardware coverage
Smart Net Services
provided by the Cisco Technical Assistance Center
(TAC)
Smart Net Total Care for Education with 1 year term:
Networking Services:
Technical support and flexible hardware coverage
Smart Net Services
provided by the Cisco Technical Assistance Center
(TAC)
Smart Net Total Care for Education with 3 year term:
Networking Services:
Technical support and flexible hardware coverage
Smart Net Services
provided by the Cisco Technical Assistance Center
(TAC)
Smart Net Total Care for Education with 5 year term:
Networking Services:
Technical support and flexible hardware coverage
Smart Net Services
provided by the Cisco Technical Assistance Center
(TAC)
DIR Discount
% off MSRP
10%
17%
21%
25%
28%
30%
DIR-CPO-5347 Page 2 of 4
Other Cisco Technical and Maintenance Services:
Cisco
Networking Services:
All other maintenance support offers not under Smart
Value -add Services
Net Total Care Service, including Support Services for
on -premise Software
Cisco Services (formerly known as Advanced Services):
Services includes, but not limited to, Survey/Design,
Cisco
Networking Services:
Implementation, Optimization, Remote, Managed,
Value -add Services
Technical, Advisory, Network Architectural Design,
Statements of Work (SOWS), Combined Services, and
other Professional or Consulting Services
Cisco Reseller/Partner Services (Limited):
Cisco
Networking Services:
Limited Partner Services, subject to Cisco's written
Value -add Services
approval, that enable the implementation and/or
technical support of Cisco Offers/Solutions
Networking Services:
Training:
Cisco
Value -add Services
Various Training Courses Available Related to Cisco
Offers/Solutions
Networking Services:
Support:
Cisco
Value -add Services
See above under Smart Net Total Care Service & Other
Technical and Maintenance Services
Cisco
Cisco Services:
Maintenance Services — Onsite & Remote Not to
Value -add Services
Exceed Hourly
Cisco Services:
Deployment Services — Onsite & Remote Not to Exceed
Cisco
Value -add Services
Hourly
Cisco Services:
Advisory Services — Onsite & Remote Not to Exceed
Cisco
Value -add Services
Hourly
10%
0%
0%
0%
10%
0%
0%
0%
DIR-CPO-5347 Page 3 of 4
Cisco
Cisco
Cisco
Cisco
Cisco
Cisco Services:
Value -add Services
Cisco Services:
Value -add Services
Cisco Services:
Value -add Services
Partner Services:
Value -add Services
Partner Services:
Value -add Services
Architectural Design Services — Onsite & Remote Not
to Exceed Hourly
Statement of Work Services — Onsite & Remote Not to
Exceed Hourly
Training Deployment Services — Onsite & Remote Not
to Exceed Hourly
Partner Services - Onsite
Partner Services - Remote
0%
0%
0%
0%
0%
DIR-CPO-5347 Page 4 of 4
M&C Review Page 1 of 3
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND F°RT��RT"
Create New From This M&C
DATE: 2/14/2023 REFERENCE **M&C 23- LOG NAME: 041NFRASTRUCTURE
NO.: 0061 MULTI -COOP
CODE: P TYPE: CONSENT PUBLIC NO
NO
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,
Netsync and
WWT
Presidio,
Netsync and
WWT
Presidio,
Netsync and
WWT
D I R-TSO-
4167
D I R-TSO-
3763
7/3/2023
1 /10/2024
12/20/2017 2/5/2018
9/12/2016
DIR-TSO- 12/17/2023 3/20/2018
4299
10/13/2016
5/4/2018
10/2/2024 ��1/12/2018 ��2/26/2018
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Vendor Co-op Expiration RFO Responses
Date Published Due
WWT and DIR-TSO-
ePlus 4160
PPresidio and �N88
R-TSO- 2/21/2025 2/26/2018 4/9/2018
lus
WWT DIR-CPO- 1/23/2025 3/15/2019 4/25/2019
��4444
Netsync and �N0105
PS 5/31/2023 1/9/2020 2/21/2020
ePlus
WWT OMNIA 5/31/2026 12/1/2020 1/19/2021
210407
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
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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 I Account Project I Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FRAM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Valerie Washington (6192)
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
Kevin Gunn (2015)
Kevin Gunn (2015)
041NFRASTRUCTURE MULTI -COOP funds availabilitv.pdf (CFW Internal)
FID Template Multi Coop Dec2022.xlsx (CFW Internal)
Form 1295 Certificate 100986599 - NETSYNC.Ddf (CFW Internal)
Form 1295 Certificate 100987319 CoFW DIR-TSO-4167 Presidio.0df (CFW Internal)
Form 1295 Certificate 100987322 CoFW DIR-TSO-3763 Presidio.odf (CFW Internal)
Form 1295 Certificate 100987323 CoFW DIR-TSO-4299 Presidio.0df (CFW Internal)
Form 1295 Certificate 100987325 CoFw DIR-TSO-4288-Presidio.0df (CFW Internal)
Form 1295 Certificate Citv of Ft Worth 2022-96353WWT.Ddf (CFW Internal)
Form 1295 Certificate of Interested EDlus.Odf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30688&councildate=2/14/2023 6/20/2023