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HomeMy WebLinkAboutContract 56024-AD1a s a n a CSC No. 56024-AD 1 CUSTOMER ACKNOWLEDGMENT FORM RESALE TERMS FOR INDIRECT SALES Asana, Inc. 633 Folsom Street Suite 100 San Francisco, CA 94107 ar(&asana.com The customer identified below ("Customer") agrees that, as of the date these Resale Terms (the "Terms") are accepted, Customer (the "Effective Date"), Customer's access to and use of the Asana Service is governed by the Subscriber Terms available at httt)s:Hasana.com/terms#subscriber-terms (the "Subscriber Terms"). Capitalized terms in these Terms shall have the same meaning as in the Subscriber Terms unless otherwise defined herein. In the event of any conflict between these Terms and the Subscriber Terms, these Terms shall control. These Terms and the Subscriber Terms supersede all prior agreements by and between the parties regarding Customer's Subscriptions to the Asana Service. In the event of a conflict between this document and the English version of the applicable Subscriber Terms stated above, the English version will control. Customer Customer Name / Domain: City of Fort Worth Address: 100 Fort Worth Trail City / State / Country: Fort Worth, TX Postal Code: 76102 Email: zz_IT_Finance_Contracts@fortworthtexas.gov Subscription Information Customer is purchasing its Subscription to the Service through a reseller or solutions partner (the "Channel Partner"). The Channel Partner is not authorized to modify the Subscriber Terms or to make any promises or commitments on Asana's behalf. As long as Customer purchases its Subscription through a Channel Partner and not directly with Asana, Customer agrees that: (a) any reference to "Order Form" in the Subscriber Terms shall be deemed to refer to the ordering document placed by Channel Partner to Asana on Customer's behalf, and Channel Partner is solely responsible for the accuracy of any such Order Forms as communicated to Asana; (b) as between Customer and Asana, Customer is solely responsible for any access by Channel Partner to Customer's account and End User accounts; (c) if Customer is entitled to a refund under the Subscriber Terms, unless otherwise specified by Asana, Asana will refund any applicable fees to the Channel Partner, and the Channel Partner will be solely responsible for refunding the appropriate amounts to Customer; and (d) any payment terms applicable to Customer's Subscription shall be governed solely by the terms agreed by it and the Channel Partner; provided however, Asana may suspend or terminate Customer's rights to use the Asana Service if Asana does not receive corresponding payment from Channel Partner. At the end of Customer's Subscription Term, Customer may renew pursuant to its agreement with the Channel Partner. In the event Customer's relationship with Channel Partner terminates during the Subscription Term, Customer may elect to directly enter into an Order Form with Asana at least thirty (30) days prior to the end of the existing Subscription Term, which shall be governed by the applicable Subscriber Terms above. [Signature page follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX I%asana Accepted and agreed to by: CUSTOMER By: Dianna Apr 25, 202516:03 CDT1 Name: Dianna Giordano Title: Assistant Citv Manaqer Date: 04/25/2025 [Executed effective as of the date signed by the Assistant City Manager above.] / [ACCEPTED AND AGREED:] CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: 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 By: and reporting requirements. Name: Kevin Gunn Title: Director, IT Solutions By: Mark Deboer (Apr 23, 2025 11:16 CDT) Approved as to Form and Legality: Name: Mark DeBoer Title: Assistant IT Solutions Director By: City Secretary: Name: Hye Won Kim Ovp a Title: Assistant City Attorney ** By: Contract Authorization: Name: Jannette Goodall M&C: 24-0952 Title: City Secretary Approved: 11/12/2024 1295:2024-1229119 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 11/8/24, 4:03 PM M&C Review Official site of the City of Fort Worth, Texas ACITY COUNCIL AGEND FOR`H Create New From This M&C DATE: 11/12/2024 REFERENCE **M&C 24- LOG NAME: 04SHI GOV SOFTWARE NO.: 0952 & RELATED SERVICES CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize an Amendment to City Secretary Contract No. 56024 with SHI Government Solutions, Inc. for the Purchase of Software Licenses and Related Services, and to Increase the Contract Amount by $650,000.00 for a Total Annual Contract Amount of $2,150,000.00 for the Information Technology Solutions Department RECOMMENDATION: It is recommended that the City Council authorize an amendment to City Secretary Contract No. 56024 with SHI Government Solutions, Inc. for the purchase of software licenses and related services, and to increase the contract amount by $650,000.00 for a total annual contract amount of $2,150,000.00 for the Information Technology Solutions Department. DISCUSSION: On November 13, 2018, Mayor & Council Communication, (M&C) P-12275 was approved to authorize the execution of a Purchase Agreement with SHI Government Solutions, Inc. (SHI) in the annual amount of $750,000.00 using National IPA Contract No. 2018011-02 and The Department of Information Resources Contract No. DIR-TSO-4092. The Purchase Agreement was increased by $100,000.00 using the Administrative Change Order allowed by M&C P-12275 in September 2019, for a total annual amount of $850,000.00. On November 12, 2019, M&C 19-0296, was approved to authorize an amendment to an existing purchase agreement with SHI Government Solutions, Inc. for the purchase of software licenses and related services to increase the amount by $650,000.00 for a total annual amount to $1,500,000.00 for the Information Technology Solutions Department. The Information Technology Solutions (ITS) Department uses the cooperative contracts agreements to purchase computer software packages, software maintenance and related services for desktops, laptops and other smart devices. Software packages include, but are not limited to, Adobe products, VMware products, monitoring software, security software, backup tools, specialty Microsoft products such as Visio, Project and other department required software. This M&C requests approval to increase by $650,000.00 for a new annual total of $2,150,000.00 using the Omnia Partners cooperative agreement 2018011-02, to continue to purchase software products for City departments. 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 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: The City will initially use the Omnia Partners contract to make purchases authorized by this M&C. In the event a Omnia cooperative contract is not renewed, staff would cease purchasing at the end of the last purchase agreement coinciding with a valid cooperative contract. 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. In the event an Omnia cooperative agreement is not extended, but Omnia executes a new cooperative agreement with substantially similar terms, this M&C authorizes the City to purchase the goods and services under the new Omnia contract. If this occurs, in no event will the City continue to purchase apps.cfwnet.org/council_packet/mc_review.asp? I D=32658&cou ncildate=11 /12/2024 1 /2 11/8/24, 4:03 PM M&C Review goods and services under the new agreement for more than four (4) years without seeking Council approval. 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 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 if sufficient funds have been appropriated. AGREEMENT TERM: Upon City Council's approval and execution of the cooperative purchase agreement with SHI and execution of the City Secretary Contract No. 56024 contract amendment with SHI, both parties and continue in accordance with the terms and conditions of Omnia Partners 2018011-02 or applicable successive contract for the same products and services. RENEWAL OPTIONS: The agreements may be renewed for up to four (4) one-year renewal terms, in accordance with the underlying cooperative agreement, 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 period. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating and capital budgets, as appropriated, in the Water & Sewer and Capital Projects Service Funds and in the ITS Capital Fund for the ITS Refresh project to support the approval of the above recommendation and execution of the amendment. Prior to an expenditure being incurred, the IT Solutions Department has the responsibility to validate the availability of funds. TO Fund Department Account Project ID ID FROM Fund Department Account Project ID ID Submitted for City Manaqer's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Reference # Amount Year (Chartfield 2) Program Activity Budget Reference # Amount Year (Chartfield 2) Mark McDaniel () Kevin Gunn (2015) Sallie Trotter (8442) 04SHI GOV SOFTWARE & RELATED SERVICES funds availabilitv.pdf (CFW Internal) 04SHI GOV SOFTWARE & RELATED SERVICES Updated FID.xlsx (CFW Internal) Citv of Fort Worth Form 12952 (10232024).pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp? I D=32658&cou ncildate=11 /12/2024 2/2