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HomeMy WebLinkAbout060682-A2 - General - Contract - ePlus Technology, Inc.Docusign Envelope ID: 3082895C-8AC5-4041-A55A-6C13FBD9EB3C SECOND AMENDMENT TO CSC No. 60682-A2 FORT WORTH CITY SECRETARY CONTRACT NO. 60682 This Second Amendment to Fort Worth City Secretary Contract No. 60682 ("Second Amendment") is made between the City of Fort Worth ("City,") a Texas home rule municipality, and ePlus Technology, inc. ("Vendor.") City and Vendor are each individually referred to herein as a "party" and collectively referred to as the "parties." WHEREAS, on January 3, 2024, the parties entered into City Secretary Contract No. 60682 for Vendor to provide expert guidance, oversight, recommendations, and planning assistance to the City (the "Agreement"); and WHEREAS, it is the collective desire of the parties to amend the Agreement to include pricing in accordance with Exhibit D, the Statement of Work. NOW THEREFORE, known by all these present, City and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: I.AMENDMENTS 1.The Agreement is hereby amended to include pricing in accordance with Exhibit D, the Statement of Work, attached hereto to this Second Amendment of the Agreement. 2.The total annual amount of the Agreement will remain at an amount not to exceed $100,000.00. II.MISCELLANEOUS All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] Second Amendment to Fort Worth City Secretary Contract No. 60682 Page 1 of3 Docusign Envelope ID: 30B2B95C-8AC5-4041-A55A-6C13FBD9EB3C Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth By: Dianna Giordano (Nov 5, 202516:27:37 CST) Name: Dianna Giordano Title: Assistant City Manager Date: 11/05/2025 Approval Recommended: By·.,57ittttM, �,,, /<-f!v�) S.Trotter (for K.Gunn) (Nov s, 2025 20CST) Name: Kevin Gunn Title: Director, IT Solutions Department Attest: By: Name: Jannette S. Goodall Title: City Secretary VENDOR: ePlus Technology, inc. By: (!::•d�� Name: DoriMi'tE�Ug"tiiFn Title: 81/P GoAtFOets Date: 10/30/2025 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. By: Robert Lee (Nov 3, 202514:13:53 CST) Name: Bobby Lee Title: Assistant Director, IT Solutions Approved as to Form and Legality: By: Name: Title: C-a.Mdace 'Pag/iara Candace pagliara /Novs 202s2z-44 CST) Candace Pagliara Sr. Assistant City Attorney Contract Authorization: M&C:NIA Approval Date: NIA Form 1295: NIA Second Amendment to Fort Worth City Secretary Contract No. 60682 Page 2 of3 Docusign Envelope ID: 30B2B95C-8AC5-4041-A55A-6C13FBD9EB3C EXHIBIT D The Statement of Work (Attached) Second Amendment to Fort Worth City Secretary Contract No. 60682 Page 3 of 3 Docusign Envelope ID: 30B2B95C-8AC5-4041-A55A-6C13FBD9EB3C � � �`�,� ' �. Statement of Work City of Fort Worth BSA SOW# City of Fort Worth-BSA-169391 10/9/2025 � Ross Mcelroy 100 Fort Worth Trail Fort Worth, TX 76102 817-392-2171 i t : i : ;��;r�i !��•�! �!�!'�'� .....� Ross. M cE I roy@fo rtworthtexas.gov � �� � i • ���.� �.�.1.,1_L_.l.ti�•�..... •. ,••..... : ... . . . '` d F t j t �,��,���� { � S ����.���.�3,;k;± :. :..:::.:..:• . . , . , , : , . , ., . :';;.: ,� . , . . . . , . . . . , ; • ., . . ., �.,•. . ;.•: � � . . • , , . . ; , . • , , . . . , • . ' .,. , ,. ,.. ;., ,: ;:. ; .;;. .,: ; :.: :.� : : : : : : . . . : . . . .. •. , , . . . . •. •_ �. ;'•._ .. : •, •., .. •, .; •.: •,_ .. •., •., •. •.._ ,. .,••,. .,. , Docusign Envelope ID: 30B2B95C-8AC5-4041-A55A-6C13FBD9EB3C �+ STATEMENT OF WORI< City of Fort Worth This Bulk Services Agreement ("BSA" or "SOW") is made October 9th, 2025 by and between City of Fort Worth with its principal office located at 100 Fort Worth Trail Fort Worth, TX 76102 (hereinafter referred to as "Customer") and ePlus Technology, inc., a corporation organized under the laws of the Commonwealth of Virginia, with its principal place of business at 13595 Dulles Technology Drive, Herndon, VA 20171(hereinafter referred to as "Supplier" or "ePlus"). ePlus and Customer may also be referred individually as "Party" or collectively as "Parties." This SOW is governed by the TIPS230105 Contract for the provision of professional or consulting services by ePlus to Customer (the "Agreement"). ePlus will provide to Customer information technology consulting services and resources on a time and material basis when needed for on-site or remote engineering design and support ("Services"). The TIPS230105 Contract rates that apply to this BSA follow below: Technician $87.00 Senior Technician $102.00 Engineer $142.00 Senior Engineer $173.00 Consultant $205.00 Senior Consultant $235.00 Solutions Architect $252.00 Senior Solutions Architect $267.00 Lead Technical Architect $283.00 Principal Architect $298.00 Principal Security Strategist $315.00 Project Manager $205.00 Senior Project Manager $237.00 Docusign Envelope ID: 30B2B95C-8AC5-4041-A55A-6C13FBD9EB3C e+ Notes: . . . STATEMENT OF WORI< City of Fort Worth ePlus requires Customer to notify ePlus at least three (3) business days in advance of date/time work is required. ePlus makes no guarantee that resources will be available to respond to emergency requests. Unscheduled requests will be handled using commercially reasonable efforts only. A minimum of four (4) hours shall be charged for any work done onsite. A minimum of one (1) hour shall be charged for any work done remotely. All work shall be billed in 30-minute increments after any minimums have been applied. Travel over fifty (SO) miles from the local ePlus office could be subject to an additional charge. When travel exceeds a fifty (50) mile radius from assigned work location all travel time will be billed to Customer. All materials used shall be billed separately. Senior ePlus staff providing Services in emerging or specialty technologies will bill at the Architect level or higher. ePlus will assign resources at a bill rate that aligns with the complexity and timeline that is appropriate for the request. Customer will be advised of proposed assignments and bill rates prior to scheduling the work. All requested Services should be pre-scheduled through the ePlus On Demand Call Center at 866-758- 7662 Opt. 3, or email at OnDemandServices@eplus.com. Services rendered will be deducted from the posted purchase order. Any purchase order issued under this BSA shall expire within one (1) year of issuance. Regular statements of the balance of the agreement will be provided. When the balance has been depleted, further Services are conditioned on Customer's issuance of a new purchase order under this BSA. A new agreement or change request is not required unless ePlus' pricing has changed. COMMENCEMENT AND COMPLETION DATES: from October 8, 2025, to October 8, 2026 Commencement and Completion dates represent a proposed one (1) year term; actual term will be from the date of the purchase order until the expiration of the last purchase order issued hereunder. Either Party may terminate the BSA for any reason on thirty (30) days prior written notice to the other Party. Upon any such termination, ePlus will be paid all fees and expenses which have been incurred or earned in connection with the performance of the Services through the effective date of such termination. Additionally, in the event Customer cancels any Services with less than two (2) weeks prior notice, Customer shall reimburse ePlus for any non-refundable expenses incurred in preparation for such cancelled Services. Unless otherwise specified in writing, the primary contacts for Supplier and the Customer shall be: NAME PHONE�EMAII Steve Hughes texasservicesmanagement@eplus.com Ross Mcelroy :817-392-2171 Docusign Envelope ID: 30B2B95C-8AC5-4041-A55A-6C13FBD9EB3C �+ STATEMENT OF WORI< City of Fort Worth i � . � � , 4.1 THE PRICING IN THIS SOW IS VALID FOR SIXTY'C)O� DAYS FROM DELIVERY TO THE CUSTOMER. 4.2 CUSTOMER SHALL PAY, IN ACCORDANCE WITH THE RELEVANT TERMS AND CONDITIONS OF THE AGREEMENT, A FEE FOR SUPPLIER�S PERFORMANCE OF SERVICES FOR THE PROJECT. 4.3 CUSTOMER SHALL PROVIDE EPLUS A PURCHASE ORDER FOR $30,000.00 TO BE RETAINED AND APPLIED AS SERVICES ARE RENDERED BY EPLUS. CUSTOMER WILL BE NOTIFIED IF PURCHASE ORDER BALANCE IS RUNNING LOW AND NEEDS TO BE REPLENISHED WITH A NEW PURCHASE ORDER. 4.4 EXCEPT PURSUANT TO A CUSTOMER REQUEST UNDER SECTION 4.$, CUSTOMER WILL ONLY BE BILLED FOR SERVICES RENDERED, WITH PRIOR CUSTOMER APPROVAL. UNDER NO CIRCUMSTANCES SHALL ANY PURCHASE ORDER FURNISHED BY CUSTOMER BE CONSTRUED AS A MINIMUM PURCHASE COMMITMENT ON THE PART OF CUSTOMER. 4.5 AT CUSTOMER'S WRITTEN REQUEST (WHICH MAY BE BY EMAIL� AT ANY TIME, EPLUS MAY INVOICE CUSTOMER FOR THE OUTSTANDING BALANCE OF ANY PURCHASE ORDER ISSUED AGAINST THIS AGREEMENT, AND CUSTOMER AGREES TO PAY SUCH INVOICE WHETHER OR NOT SERVICES HAVE BEEN RENDERED YET. IN THE EVENT OF SUCH PREPAYMENT, EPLUS WILL PERFORM THE SERVICES UPON CUSTOMER'S REQUEST ON OR BEFORE THE EXPIRATION DATE OF THIS AGREEMENT. 4.6 PAYMENTS ARE DUE TO EPLUS WITHIN THIRTY �30� DAYS AFTER CUSTOMER'S RECEIPT OF AN INVOICE AGAINST THIS AGREEMENT. Upon ePlus' completion of a task or Service performed, ePlus shall notify Customer by providing a time sheet for signature or a Milestone/Service Completion Certificate ("MCC"). Customer has five (5) working days from the completion of the Services or task, as applicable, to accept the work performed as being complete. Signing of the time sheet or MCC, or Customer's failure to respond to the time sheet or MCC within the designated five (S) working day period, signifies Customer's acceptance of the task and that Services have been performed in accordance with this BSA. In order to refuse acceptance of the Services, Customer must provide ePlus with full details that show that Services do not conform to the BSA. ePlus shall address such non-conformance in a timely manner and shall compile an action plan to correct any deficiencies. Acceptance may not be withheld due to defects in Services that do not represent a material non-conformance with the requirements of the BSA. 6.1 EPLUS WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM THE SERVICES, TO THE EXTENT THAT THE FAILURE IS CAUSED BY CUSTOMER'S LACK OF COOPERATION. 6.2 EPLUS WILL NOT BE HELD RESPONSIBLE FOR DATA LO55. BACKUPS SHOULD BE PERFORMED PRIOR TO WORK STARTING. ALL DATA IS THE RESPONSIBILITY OF THE CUSTOMER. 6.3 EPLUS WILL NOT BE HELD LIABLE FOR SOFTWARE LICENSE COMPLIANCE. SOFTWARE LICENSE COMPLIANCE IS BETWEEN THE CUSTOMER AND THE SOFTWARE COMPANY. 6.4 EPLUS WILL NOT BE HELD LIABLE FOR ADDITIONAL WORK NOT LISTED IN THIS BSA. AN ADDENDUM MUST BE WRITTEN AND APPROVED BY BOTH EPLUS AND THE CUSTOMER BEFORE ADDITIONAL WORK CAN BE STARTED. 6.5 EPLUS WILL NOT BE HELD RESPONSIBLE FOR DELAYS OR FAILURES TO PERFORM HEREUNDER DUE TO CAUSES BEYOND ITS REASONABLE CONTROL (INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, FIRE, FLOOD, WAR, EXPLOSION, SABOTAGE, Docusign Envelope ID: 30B2B95C-8AC5-4041-A55A-6C13FBD9EB3C �+ STATEMENT OF WORI< City of Fort Worth TERRORISM, EMBARGO, CIVIL COMMOTION, ACTS OR OMISSIONS OF ANY GOVERNMENT ENTITY, SUPPLIER DELAYS, COMMUNICATIONS OR POWER FAILURE, EQUIPMENT OR SOFTWARE MALFUNCTION, OR LABOR DISPUTES�. 6.6 EPLUS WILL NOT BE HELD RESPONSIBLE FOR DELAYS OR FAILURES TO PERFORM RELATED TO THE CUSTOM CONFIGURED OR SPECIALIZED HARDWARE OR SOFTWARE NEEDING MODIFICATION BY THE MANUFACTURER. 6.7 EPLUS WILL NOT BE HELD RESPONSIBLE FOR DELAYS OR FAILURES TO PERFORM RELATED TO THE DATA CONVERSION BEING PERFORMED BY THE CUSTOM CONFIGURED OR SPECIALIZED SOFTWARE MANUFACTURER. 6.8 SINCE EPLUS RESOURCES WILL BE PERFORMING SERVICES AT CUSTOMER�S DIRECTION, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT EPLUS' LIABILITY ARISING OUT OF SUCH SERVICES SHALL BE LIMITED TO THE AMOUNT OF FEES PAID UNDER THIS SOW. 6.9 CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS ALL RIGHT, TITLE, AND INTEREST IN AND TO ANY DATA FURNISHED IN CONNECTION WITH THE SERVICES AND�OR THAT IT HAS OBTAINED ALL NECESSARY CONSENTS, PERMISSIONS, AND RELEASES NECESSARY FOR EPLUS TO PERFORM ITS OBLIGATIONS UNDER THIS SOW. CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD EPLUS HARMLESS FROM ANY CLAIMS OR LIABILITIES ARISING OUT OF CUSTOMER'S BREACH OF THE FOREGOING. Each Party hereby acknowledges and confirms that it has read this BSA and accepts and approves the scope of work and terms and conditions. Each Party understands that should additional work be required that by its nature could not have been known or determined at the time this BSA was executed, a mutually agreeable written change order describing the additional work and any related expenses will be required. This BSA must be signed and returned before work can begin. Please sign and return to Steve Hughes of ePlus at texasservicesmanagement@eplus.com. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. Dianna Giordano (Nov 5, 2025 1627:37 CST) Dianna Giordano Assistant City Manager F�RT ��RTH�} City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: ePlus Technology, Inc. SubjeCt of the Agreement: Amendment No 2 to CSC No. 60682, Cooperative Purchase Agreement M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must he attached to the contract. Is this an Amendment to an Existing contract? Yes 8 No ❑ 60682 If so, provide the original contract number and the amendment nu�nber. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page, fo� permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what infoNmation is Confidential and the page it is located. Effective Date: Expiration Date: If differenl from the approval dale. If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensuNe it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *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 processin� in the followin o� 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.