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HomeMy WebLinkAboutContract 58901-A1R1CSC No. 58901-A1R1 AMENDMENT NO. 1 AND RENEWAL NO. 1 TO CITY OF FORT WORTH CONTRACT 58901 This First Amendment and First Renewal is entered into by and between the City of Fort Worth (hereafter "Buyer"), a home rule municipality, with its principal place of business at 100 Fort Worth Trail, Fort Worth, Texas, and World Wide Technology, LLC. ("Vendor"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on February 1, 2023 the Parties entered into City Secretary Contract 58901 ("City's Agreement") to provide goods and services pursuant to Texas Department of Information Resources ("DIR") Cooperative Purchase Agreement DIR-TSO-4160 ("Agreement"); and WHEREAS, pursuant to Amendment Number 4 to DIR-TSO-4160, DIR and Hewlett Packard Enterprise Company extended the Agreement term from September 30 until December 31, 2025; and WHEREAS, pursuant to Amendment Number 5 to DIR-TSO-4160, DIR and Hewlett Packard Enterprise Company renewed the Agreement for a one-year term to expire on December 31, 2025; and WHEREAS, the City's Agreement expired on October 2, 2024; and WHEREAS, the Parties wish to amend and renew the Agreement to incorporate DIR- TSO-4160 Amendments 4 and 5. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: I. AMENDMENTS 1. The Agreement is hereby amended to incorporate DIR-TSO-4160 Amendments 4 and 5. 2. The final paragraph on the first page of the City's Agreement is hereby repealed and replaced as follows: "The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and eXpires on October 2, 2024 to coincide with the Cooperative Purchase Agreement. This Agreement may be extended if the term of the Agreement is amended with a term extension. This Agreement may be amended to reflect the successive DIR Cooperative Agreement to DIR-TSO-4160 and be renewed annually in accordance with the terms of that DIR Cooperative Agreement." oFFicia� RecoR� CITY SECRETARY II. FT. WORTH, TX RENEWALS The Agreement is hereby renewed for a one-year Renewal Term beginning December 31, First Amendment and Renewal No. 1 to Fort Worth City Secretary Contract No. 58901 Page 1 of 3 2024, 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. 4. 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 anoriginal. First Amendment and Renewal No. 1 to Fort Worth City Secretary Contract No. 58901 Page 2 of 3 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Name: Title: ������ `-l�''L_—r Mark McDaniel Deputy City Manager J a n 31, 2025 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. Date: APPROVAL RECOMMENDED: �.� �-� By: Name: Kevin Gunn Title: Director, IT Solutions Department ATTEST: �,�� � .,�� : By: �, Name: Jannette Goodall Title: City Secretary �U� By. Robert Lee (Jan 31, 2025 13:50 CST) Name: Bobby Lee Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: 44o�oanu /�. [�.Eli'LNi �tlZ(/E�'�;i �� a F F�RT q�a �,po oo�°°°�oo�y0da� $y; M. Kevin Anders, II (Jan 31, 2025 14:31 CST) o�o �'=°4 Name: M. Kevin Anders, II �p ,� o00 00*�� Title: Assistant City Attorney o � aaIl� �E4p544a CONTRACT AUTHORIZATION: M&C: 23-0061 Approval Date: 02/14/2023 Form 1295: 2022-963536 VENDOR: World Wide Technology, LLC. By: � Name: Gregory rush Title: VP Public Sector Date: ov2ei2o25 ATTEST: By: Name: Title: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment and Renewal No. 1 to Fort Worth City Secretary Contract No. 58901 Page 3 of 3 Exhibit "A" Amendment Number 4 to Contract Number DIR-TSO-4160 between State of Texas, acting by and through the Department of Information Resources and Hewlett Packard Enterprise Company This Amendment Number 4 to Contract Number DIR-TSO-4160 ("Contract") is between the Department of Information Resources ("DIR") and Hewlett Packard Enterprise Company ("Vendor"). DIR and Vendor agree to modify the terms and conditions of the Contract as follows: 1. Contract, Section 2. Term of Contract is hereby amended as follows: DIR and Vendor hereby agree to extend the term of this Contract for ninety (90) calendar days through December 31, 2024, or until terminated pursuant to the termination clauses contained in this Contract. All other terms and conditions of the Contract not expressly amended herein, shall remain in full force and effect. In the event of conflict among the provisions, the order of precedence shall be Amendment Number 4, then Amendment Number 3, then Amendment Number 2, then Amendment 1 and then the Contract. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Amendment 4 Contract DIR-TSO-4160 rev. 05/2024 Page 1 IN WITNESS WHEREOF, the parties hereby execute this amendment to be effective as of the date of the last signature, but in all events, no later than 10/02/2024. Hewlett Packard Enterprise Company Authorized By: Signature on File Name: Title: Date: Mary Reuss Contract Negotiator 9/23/2024 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Lisa Massock Title: Chief Procurement Officer 9/25/2024 Date: 9/24/2024 Office of General Counsel: Initials on File Amendment 4 Contract DIR-TSO-4160 rev. OS/2024 Page 2 Amendment Number 5 to Contract Number DIR-TSO-4160 between State of Texas, acting by and through the Department of Information Resources and Hewlett Packard Enterprise Company This Amendment Number 5 to Contract Number DIR-TSO-4160 ("Contract") is between the Department of Information Resources ("DIR") and Hewlett Packard Enterprise Company ("Successful Respondent"). DIR and Vendor agree to modify the terms and conditions of the Contract as follows: 1. Contract, Section 2. Term of Contract is hereby amended as follows: DIR and Successful Respondent hereby agree to extend the term of the Contract for three-hundred sixty-five (365)-days through December 31, 2025, or until terminated pursuant to the termination clauses contained in the Contract. All other terms and conditions of the Contract not expressly amended herein, shall remain in full force and effect. In the event of conflict among the provisions, the order of precedence shall be Amendment Number 5, then Amendment 4, then Amendment 3, then Amendment 2, then Amendment 1 and then the Contract. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Amendment 5 Contract DIR-TSO-4160 rev. OS/2024 Page 1 IN WITNESS WHEREOF, the parties hereby execute this amendment to be effective as of the date of the last signature, but in all events, no later than 12/31/2024. Hewlett Packard Enterprise Company Authorized By: Signature on File Name: Mar� Reuss Title: Contract Negotiator Date: 12/19/2024 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Lisa Massock Title: Chief Procurement Officer Date: 12/20/2024 Office of General Counsel: Si�nature on File 12/19/2024 Amendment 5 Contract DIR-TSO-4160 rev. OS/2024 Page 2 M&C Review A CITY COUNCIL AGEND Create New From This M�C DATE: CODE 2/14/2023 REFERENCE **M&C 23- NO.: 0061 P TYPE: CONSENT LOG NAME: PUBLIC HEARING: Page 1 of 3 Official site of the City of Fort Worth, Texas FflRT�'4'ORTH -�� 041NFRASTRUCTURE MULTI-COOP � SUBJECT: (ALL) Authorize Non-Exclusive Purchase Agreements for Information Technology Infrastructure, with Netsync Network Solutions, Inc., Presidio Networked Solutions Group, LLC, ePlus Technology, Inc., and World Wide Technology LLC using Multiple State of Texas Department of Information Resources, OMNIA Partners and The Interlocal Purchasing System Cooperative Contracts With a Combined Annual Amount Up to $11,200,000.00, and Four One-Year Renewal Options with State of Texas Department of Information Resources and OMNIA Partners in the Amount of $10,000,000.00 for the First Renewal and $6,200,000.00 for the Remainder Renewals for the Information Technology Solutions Department RECOMMENDATION: It is recommended that City Council to authorize non-exclusive purchase agreements for Information Technology Infrastructure with Netsync Network Solutions, Inc., Presidio Networked Solutions Group, LLC, ePlus Technology, Inc. and World Wide Technology LLC using Multiple State of Texas Department of Information Resources, OMNIA Partners and The Interlocal Purchasing System Cooperative Contract with a combined annual amount up to $11,200,000.00, and four one-year renewal options with Texas Department of Information Resources and OMNIA Partners in the amount of $10,000,000.00 for the first renewal and $6,200,000.00 for the remainder renewals for the Information Technology Solutions Department. DISCUSSION: The Information Technology Solutions Department (ITS) will use these agreements to purchase equipment and services from Netsync Network Solutions, Inc., Presidio Networked Solutions Group, LLC, ePlus Technology, Inc and World Wide Technology LLC. to support the City's information technology infrastructure. This infrastructure includes equipment and software supporting the City's servers, data storage, virtual desktop environment, and network and telephone systems. These agreements will be used to support the refreshes for the equipment that has reached the end of life cycle as well as new projects for City departments using the following cooperative contracts: Vendor Presidio, Netsync and WWT Presidio, Netsync and WWT Presidio, Netsync and Co-op Expiration RFO Responses Date Published Due D I R-TSO- 4167 D I R-TSO- 3763 7/3/2023 12/20/2017 2/5/2018 1/10/2024 9/12/2016 10/13/2016 DIR-TSO- 12/17/2023 3/20/2018 5/4/2018 4299 10/2/2024 111 /12/2018 112/26/2018 http://apps.cfwnet.org/council�acket/mc review.asp?ID=30688&councildate=2/14/2023 6/20/2023 M&C Review Vendor Co-op Expiration RFO Responses Date Published Due WWT and DIR-TSO- ePlus 4160 Presidio and DIR-TSO- 2�21/2025 2/26/2018 4/9/2018 ePlus 4288 WWT DIR-CPO- 1/23/2025 3/15/2019 4/25/2019 4444 Netsync and TIPS 5/31/2023 1/9/2020 2/21/2020 ePlus 200105 WWT OMNIA 5/31/2026 12/1/2020 1/19/2021 R210407 Page 2 of 3 On September 28, 2021, City Council approved Mayor & Council communication (M&C) 21- 0753 authorizing similar agreements for information technology infrastructure purchases. Due to several larger projects, Infrastructure refresh, Future City Hall, planned American Rescue Plan Act spend, and ongoing City growth, additional spending authority is being requested. To avoid any confusion, approval of this M&C will eliminate prior spending authority and contracts authorized under Mayor and Council Communication P-12248, 19-0123, 19-0270, 20-0650 and 21-0753. Approval of this M&C will allow a total of $11,200,000.00 in expenditures for the initial year, $10,000,000.00 for the first renewal and $6,200,000.00 for the remainder renewals for projects such as safety and security, new building projects, building upgrades, building renovations and building expansion projects. These agreements and spending authority will be made available to Radio Services, Desktop, Hardware and Security divisions to purchase hardware and software for City departments as requested. On May 24, 2022 Mayor and Council Communication (M&C) 22-0366 and 22-0367 were approved to allocate American Rescue Plan Act (ARPA) Subtitle M(Coronavirus State and Local Fiscal Recovery Funds) to the Information Technology Solutions (ITS) Department providing up to $3,675,000.00 and $3,595,000.00 in support of infrastructure, data protection initiatives, information security and cyber security. The Information Technology Solutions Department (ITS) will use these agreements to purchase equipment and services to support the City's information technology infrastructure based on initiatives identified in (M&C) 22-0366 and 22-0367. ITS Department will ensure that each vendor is given equal opportunity to earn a minimum of 10\% of the business. No specific contract amount is guaranteed. PRICE ANALYSIS - The Texas Department of Information Resources Contracts (DIR), OMNIA Partners (OMNIA) and The Interlocal Purchasing System Cooperative Contracts offer discounted pricing. Staff has reviewed the pricing and determined it to be fair and reasonable. COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of items. DIR, OMNIA and TIPS Contracts are competitively bid to increase and simplify the purchasing power of government entities. M/WBE - An MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. SUCCESSOR LANGUAGE: The City will initially use these contracts to make purchases authorized by this M&C. The Cooperative Contracts are set to expire on various dates. If the contracts are extended, this M&C authorizes the City to purchase similar equipment and supplies under the extended contract. If the contracts are not extended, but DIR, OMNIA and/or TIPS executes new cooperative contracts with substantially similar terms, this M&C authorizes the City to purchase the http://apps.cfwnet.org/council�acket/mc review.asp?ID=30688&councildate=2/14/2023 6/20/2023 M&C Review Page 3 of 3 same equipment and supplies under the new contracts. If this occurs, in no event will the City continue to purchase goods and services under the new agreements past 2027 without seeking Council approval. AGREEMENT TERM: Upon City Council's approval, these agreements will be executed and continue for a term of 12 months in accordance with approval date of this request. The agreements will renew on an annual basis thereafter. The renewals do not require specific City Council approval as long as sufficient funds have been appropriated. RENEWAL TERMS - The Texas Department of Information Resources Contracts (DIR) Agreement may be renewed annually for four (4) one-year terms for the same annual amount. The Interlocal Purchasing System Cooperative Contracts may be renewed for one-year for the same annual amount. The OMNIA Partners may be renewed for three (3) one-year terms the the same annual amount. The renewals do not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital and operating budgets, as previously appropriated, in the ITS Capital Projects Funds for the Technology Infrastructure-IT and the General Fund to support the approval of the above recommendation and exection of the purchase agreements. Prior to any expenditure being incurred, the Information Technology Services Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project � Program Activity Budget Reference # Amount ' ID � ID � i Year �Chartfield 2) Submitted for Citv Manaqer's Office by: Valerie Washington (6192) Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Kevin Gunn (2015) Kevin Gunn (2015) 041NFRASTRUCTURE MULTI-COOP funds availability.pdf (CFW Internal) FID Template Multi Coop Dec2022.x1sx (CFW Internal) Form 1295 Certificate 100986599 - NETSYNC.pdf (CFW Internal) Form 1295 Certificate 100987319 CoFW DIR-TSO-4167 Presidio.pdf (CFW Internal) Form 1295 Certificate 100987322 CoFW DIR-TSO-3763 Presidio.pdf (CFW Internal) Form 1295 Certificate 100987323 CoFW DIR-TSO-4299 Presidio.pdf (CFW Internal) Form 1295 Certificate 100987325 CoFw DIR-TSO-4288-Presidio.pdf (CFW Internal) Form 1295 Certificate City of Ft Worth 2022-96353WWT.pdf (CFW Internal) Form 1295 Certificate of Interested Eplus.pdf (CFW Internal) http://apps.cfwnet.org/council�acket/mc review.asp?ID=30688&councildate=2/14/2023 6/20/2023