The Information Technology Solutions (ITS) Department will use this purchase Agreement to purchase security software and for license fees, training, professional services, maintenance and support services from Critical Start, Inc. for all City departments on an as-needed basis.
ITS works with each City department to install the Security Software for City-owned servers, desktop and mobile computers. The software will enhance the security posture of the City against newer tools, techniques, and procedures that adversaries are using. The software will also provide a method for doing remote software inventory for the support of Administrative Regulations D6.
PRICE ANALYSIS - The Department of Information Resources (DIR) contract offers fixed discounts. There is an additional minimum discount for equipment purchased through the State of Texas online store. Staff 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 purchase of the item. DIR Contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas.
M/WBE OFFICE - A MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity.
SUCCESSOR CONTRACTS - To facilitate planning and budgeting Staff would prefer to have annual Agreements that align with the Fiscal Year. However, the DIR Agreement is out of alignment with the City's Fiscal Year and its current term will expire September 16, 2020. In order for this purchase to align with the City's Fiscal Year, adoption of this Mayor and Council Communication (M&C) technically authorizes (i) a series of purchase Agreements, each of which will align to a term of the DIR Agreement to ensure legal authority exists for the contract, and (ii) an annual spend amount, future years of which would be subject to City Council appropriation. In the event the DIR Agreement is not renewed, Staff would cease purchasing at the end of the last purchase Agreement coinciding with a valid DIR Agreement. 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.
The City will initially use DIR Contract DIR-TSO-3248 and DIR Contract DIR-TSO-3898 to make purchases authorized by this M&C. As noted, that Agreement DIR-TSO-3248 is set to expire on September 16, 2020 and DIR-TSO-3898 is set to expire June 29, 2021 . If DIR Contract DIR-TSO-3248 and DIR Contract DIR-TSO-3898 are extended, this M&C authorizes the City to purchase similar equipment and supplies under the extended contracts. If DIR Contract DIR-TSO-3248 and DIR-Contract DIR-TSO-3898 are not extended but DIR executes a new cooperative contract with Critical Start, Inc. and with substantially similar terms as DIR Contract DIR-TSO-3248 and DIR-TSO-3898, this M&C authorizes the City to purchase the equipment and supplies under the new DIR contracts.
AGREEMENT TERM - Upon City Council's approval, this Agreement will commence upon execution by both parties and continue in accordance with the terms and conditions of DIR Contract No. DIR-TSO-3248 and DIR-TSO-3898 or applicable successive DIR contracts for the same services.
RENEWAL OPTIONS - This Agreement may be renewed for up to four additional one-year terms 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 term. Staff anticipates the cost for renewal years will be the same as for the first year.