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HomeMy WebLinkAboutContract 57539-A1R3CSC No. 57539-A1R3 AMENDMENT NO. I/RENEWAL NO. 3 TO CITY OF FORT WORTH CONTRACT 57539 This Amendment and Renewal is entered into by and between the City of Fort Worth ("City"), and Inductive Automation LLC ("Vendor"). City and Vendor may be referred to individually as a "Party" and collectively as the "Parties." WHEREAS, the City entered into an agreement with the Vendor for SCADA software licenses and maintenance, as described in City Secretary Contract No. 57539 ("Agreement"); and WHEREAS, the authorizing Mayor and Council Communication (M&C) authorized a onetime purchase of data acquisition software in an amount up to $243,195.00 and nine one­ year renewals in an amount up to $47,070.00 each (M&C 22-0197; March 29, 2022); and WHEREAS it is the collective desire of both the City and Vendor to amend the Agreement so that payment can be made in the third renewal term for both maintenance and additional software licenses that were necessitated due to a gap in the ignition licensing; and WHEREAS, the City's legal depa1iment approved the purchase of the licenses as a sole source that does not require bidding under Chapter 252 of the Local Government Code; and WHEREAS, the Patties agree to incorporate a compensation provision into the Agreement that will limit the annual compensation amount during renewals to $100,000.00 each; and WHEREAS, the second renewal term of the Agreement expired on August 8, 2025 and the Parties continued operating under the same terms and conditions and intended to renew the Agreement; and WHEREAS, the City and Vendor now wish to memorialize their agreement to renew the term of the Agreement for continued services pursuant to the original Agreement for an additional term, specifically from August 9, 2025 to August 8, 2026. NOW THEREFORE, the City and Vendor, acting herein by and through their duly authorized representatives, agree to amend and renew the Agreement as follows: 1. AMENDMENTS 1.Section 23, Compensation Limits During Renewal Terms, is hereby incorporated into the Agreement: 23.Compensation Limits During Renewal Periods. Total compensation for each Renewal Term under this Agreement will not exceed One Hundred Thousand Dollars ($100,000.00). Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first appr•oves such expenses in wt•iting. � RENEWAL The term of the Agreement is hereby renewed for an additional term beginning on August 9, 2025 and expiring on August 8, 2026, unless terminated earlier in accordance with 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. � ELECTRONIC SIGNATURE This Amendment and Renewal may be executed in multiple counterpai�ts, 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 signatuc•e, shall be treated as and shall have the same effect as anoriginal. (signature page follows) (remainder of this page intentionally left blank) Contract Amendment 1 Page 2 of 3 ACCEPTED AND AGREED: CITY OF FORT WORTH , By: Name: Jesica L. McEachern Title: Assistant City Manager 10/19/2025 Date: 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 and reporting requirements. . � By: Richard Lisen ee (Oct 9, 2025 09:16:38 CDT) Name: Richard Lisenbee Title: Senior Water IT Solutions Manager Chris�topher f�a►�der By� �hr��r„nhvr Nar,i�r i�� ,����t �a �� �a ��T, Name: Christopher Harder, P.E. 4.o,.vvoop�� Title: Water Department Director qpF FORr �a p�. po 00 °���Lp90P �o o°—� °'�� 9,}�� ����� GV8 g=4 A �1o�Li�%�cux �P�* o0 0o i�� ATTES� °an � � Il rezn54pa �nvoaao By. Name: Jannette S. Goodall Title: City Secretaiy In�luctive Acrtomation, LLC: � h��� By: Name: Chris McLaughlin Title: Vice President of Sales Date: 10/09/2025 APPROVED AS TO FORM AND LEGALITY: �� WL��� By: Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0197 M&C Approved: 03/29/2022 Form 1295 Certiiication No.: 2022-858048 Contract Amendment 1 Page 3 of? OFFICIALRECORD CITY SECRETARY FT. WORTH, TX 4/29/22, 1:37 PM CITY COUNCIL AGENDA Create New From This M&C M&C Review DATE: 3/29/2022 REFERENCE **M&C 22- LOG NAME: N O.: 0197 CODE: P TYPE: CONSENT PUBLIC HEARING: O(haal 9R_ u( lrm Cit}� u( 1'oil lVorCr�, lc�,r, FORT��'ORTII -��- 13P21-0201 SCADA SOFTWARE CC WATER NO SUBJECT: (ALL) Authorize Execution of a One-Time Purchase of Supervisory Control and Data Acquisition Software and a One Year Technical Support Agreement with Inductive Automation LLC, in an Amount Up to $243,195.00, Authorize Nine One-Year Renewal Options in the Amount of $47,070.00 for the Water Department and Adopt Attached Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a one-time purchase of supervisory control and data acquisition software and a one year technical support agreement with Inductive Automation LLC, in an Amount Up to $243,195.00, 2. Authorize nine one-year renewal options in the amount of $47,070.00 for the Water Department; and 3. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the amount of $243,195.00 in the Water and Sewer Capital Projects Fund, from available funds, for the purpose of funding the SCADA Replacement project (City Project No. 103086) to effect a portion of water's contribution to the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: The Water Department approached the Purchasing Division to procure supervisory control and data acquisition (SCADA) software and a technical support agreement. The software will replace the current SCADA software which was deployed in 1987. The current software has many features and configurations that no longer meet the department's needs and technology standards. The City utilizes this SCADA software to monitor and control water treatment processes in water treatment plants and to ensure water distribution to citizens of Fort Worth and surrounding cities. The software also assists the department in maintaining historical data to fulfill data requests from customers' cities and for report compilation to be used by analysts, the plant operation division, the maintenance division, and the billing division. The Request for Proposal (RFP) consisted of detailed specifications regarding the software and support requirements. The RFP was advertised in the Fort Worth Sfar-Telegram on October 13, 2021, October 20, 202�, October 27, 2021, November 3, 2021 and November 10, 2021. The City received four proposals. Proposals were evaluated on best value criteria including the proposer's ability to meet the City's technical requirements and cost. Staff from the Water Department evaluated the proposals submitted and recommend awarding a one-time purchase of SCADA software and a technical support agreement with Inductive Automation LLC. The one-time cost for licensure is $196,125.00 with a$47,070.00 annual maintenance cost. The agreement will have a one-year term with nine one-year optional renewals $47,070.00 at the City's option. Renewals do not require specific City Council approval, provided that the City Council has appropriated sufficient funds to satisfy City's obligation during the renewal term. Description � Amount apps.cfwnet.org/council�acket/mc_review.asp?I D=29750&councildate=3/29/2022 1 /3 4/29/22, 1:37 PM M&C Review All software, modules, drivers, and licenses cost (one-time cost) $196,125.00 First year maintenance cost $47,070.00 First year subtotal $243,195.00 9 years maintenance optional renewals $423,630.00 Total $666,825.00 It is the practice of the Water Department to appropriate its Capital Improvement Program plan throughout the fiscal year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor and Council Communication (M&C) will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2022-2026 Capital Improvement Program, as follows: Capital Fund Project Name FY2022 CIP Authority Budget Revised Name Appropriations Change FY2022 (Increase / Budget Decrease) 56002-W&S 103086- $0.00 This M&C $243,195.00 $243,195.00 Capital SCADA Projects Fund Replacement Project Appropriations for the SCADA Replacement Project, are as depicted below: Funding is currently available in the Unspecified-All Funds project within the W&S Capital Projects Fund for the purpose of funding the Scada Replacement project. A waiver of the goal for M/WBE subcontracting requirements is approved by the Diversity and Inclusion Department, in accordance with Ordinance No. 225165-10-2021 (the Business Equity Ordinance), because the application of the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. In addition, 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. Upon City Council approval, this agreement shall begin upon execution. FISCAL INFORMATIONlCERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified - All Funds project within the W&S Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the Scada Replacement project to support the approval of the above recommendations and award of the agreement. Prior to an expenditure being incurred the Water Department has the responsibility of verifying the availability of funds. BQN\\ __ .-- --.,___ - ----- --- -- Fundl Department Account Project Program Activity Budget Reference # Amount 1 ID ID I Year (Chartfield 2) apps.cfwnet.org/council�ackeUmc_review.asp?ID=29750&councildate=3129/2022 2/3 *Numbers rounded for presentation purposes. 4/29/22, 1:37 PM M&C Review FROM _ __ _ � — Fund Department Account Project Program Activity Budget Reference # Amount ID I ID 1 Year Chartfield 2 Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Reginald Zeno (8517) Dana Burghdoff (8018) Anthony Rousseau (8338) Christopher Harder (5020) Cynthia Garcia (8525) Cristina Camarillo (8355) ATTACHMENTS 13P21-0201 SCADA SOFTWARE CC WATER.docx (CFW Internal) 13P21-0201 SCADA SOFTWARE 56002.docx (Public) 60 SCADA INDUCTIVE FID Table (NN 02.22.22).xlsx (CFW Internal) 60 SCADA INDUCTIVE PBS CPN 103086.pdf (CFW Internal) Form 1295 Certificate 100880141.pdf (CFW Internal) MWBE Waiver.pdf (CFW Internal) apps.cfwnet.org/council�acket/mc_review.asp?ID=29750&councildate=3/29/2022 3/3 Docusign Envelope ID: D310E225-E22A-4288-89CD-4913616677A6 DocuSign Envelope ID: 2C816C31-BA83-4E51-91B2-CBE1CF5B79F5 DocuSlgn Envelope ID: gCDt3�JEl6B-AEDB-AA83-Ei0DA-BC27E082�JC52 CERTIFICATE OF INTERESTED PARTIES FORM �.295 1 of 1 Complete Nos,1- 4 and f i( there Are interested partles. OFFICE USE ONLY Crnnp►ele Nos. 1, 2, 3, 5, and G it Ihere �re no inlerestecl p�rlfes. CERTIFICATION OF FILING 1 Nnnte of buslnoss onqty ffling toi'm, �nd the city, state and counU�y of the business entlry's placn Corliffcnto Nwnber: of businoss. 2022-Q5II04II Induclive Aulomalfon, LLC Folsom, CA United Slales �nte Flled: 2 Name of �overnmentnl entity or state a�ency lhat is a parly to 11ie r,ontrnct for whicli the torm is 03107/7_07_?_ bein� tiled. Clly o( FOft WoClll Dade Acluiowled�ed: 3 Provide the idenlUfcatlon number used by the Uovernmental entiry or stnte uge�icy to trncic or identi(y the r.ontract, und provfde � desa•iption ot the services, goocls, or other properly to be provided under lhe contr�ct. 21-0201 SCADA Software SCADA Soflware, training, and supporl Nalure of h�terest � Name of Interesled Pnrl Cit Stnte Counlr �lace of bushtess check a>>Ilcablo Y Y� � Y fl ) ( I I ) ConU�ollin{� Intermedinry Cily of Fort Worlh Forl Worth, TX United States X Camarillo, Cristina Forl Worlh, TX United Slates X 5 Cltecl< only if there is NO Interested Parly. ❑ G UNSWORN DECLARATION My name is 11 e11e [31 ocl< , and my dale of birlh is 5/1F3/1959 My address is 90 al ue Ravi ne rd Fo I som CA 95630 usA (slreet) (cily) (slate) (zip code) (country) I I der.lare imder penally of perjury Ih�t ihe (ore�oin� is Irue and correcl. Execuled in SaCl�amento counry, Slate o( Cal i forni a , �„ if,e � ���,y �,� March , 2p "L2 (monlh) (year) —�DneuS10��'Qnd by: Il.�.1/�.1� VW� YOfOBEBFh71hh10 ... Si(�nalure of aulhorized a4�en10l conlracl(ny business enliry (Doclaranl) Forms provided by Texas Ethics Comm(ssfon www.elhics.state.tx.us Versfon V1.1.1�J1b5cdc Docusign Envelope ID: D310E225-E22A-4288-89CD-4913616B77A6 Signature: ����-��- �� rc.,n��.mu• c��im���;� (U� �) s. 7i�,q �4.`,�i [D,) Email: I<atherine.Cenicola@fortworthtexas.gov �ORTWORTHo City Secretary's Office Contract Routing & Transmittal Slip ConttaCtO�'S Nari1e: Inductive Automation LLC Subject of the Agreement: Vendor to provide annual technical support for the Supervisory Control and Data Acquisition Software System for the Water Department. M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C ma�st be attached to the cont�•act. Is this an Amendment to an Existing contract? Yes 8 No ❑ 57539-A1 R3 If so, p��ovide the o�•iginal conh•act nZm�ber and the umendment ntm�ber. Is the Contract "Permanent"? �`Yes ❑ No B If unstrre, see back page for permanent contract listing. Is this entire contract Confidential? '�Yes ❑ No � If only specrfic information is Confiderttial, please list N�hat info��mation is Confrdential and the pnge it is located. Effective Date: 8-9-25 Expiration Date: s-8-26 If different fi•om the app��oval date. If applicable. Is a 1295 Form required? * Yes � No ❑ �`If so, please ensure it is attached to the app��oving M&C or attached to the conl��act. Project Number: Ifapplicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the followin og rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is reqziired nnd if the information is »ot provided, the conb�act ��ill be retz��•ned to the department. Water Department Routing and Transmittal Slip DOCUMENT TITLE:First Amendment/Third Renewal –Inductive Automation LLC TO ROLE INITIALS Chris McLaughlin, Vice President of Sales Signer Jacob Pena, Systems Administrator, Water Department Approver Shela Chowdhury, Assistant Director, Water Department Approver Shane Zondor, Assistant Director, Water Department Approver Rick Lisenbee, Senior IT Manager, Water Department Signer Jan Hale, Deputy Director, Water Department Approver Chris Harder, Director, Water Department Signer Jessika Williams, Assistant City Attorney Signer Jesica McEachern, Assistant City Manager Signer Katherine Cenicola, Assistant City Secretary Approver Jannette Goodall, City Secretary Signer Allison Tidwell, Lead Admin Assistant, City Secretary’s Office Form Filler Charmaine Baylor, Sr. IT Business Planner, Water Department Acceptor EXPLANATION Please review and approve/sign this First Amendment and Third Renewal of CSC 57539, the agreement between Inductive Automation, LLC and the Fort Worth Water Department, for SCADA software licenses and maintenance. The contract spending authority equals $100,000.00 for renewals. The term of this renewal will begin on August 9, 2025 and end on August 8, 2026. If you have anyquestions or concerns, please email me. Charmaine Baylor Sr. IT Business Planner, Water IT Water Department Charmaine.baylor@fortworthtexas.gov Phone: (817) 392-6629