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CONTRACT NO. ,JI i
CERTIFICATE
OF
OPERATIONAL VERIFICATION AND ACCEPTANCE
THIS Certificate of Operational Verification and Acceptance is given this 28th
day of April, 2005, by the CITY OF FORT WORTH, a municipal corporation (the
"City") in favor of SAFETYCOM, INC., an Arkansas corporation ("SafetyCom").
WHEREAS, the parties have previously entered into an agreement dated
November 19, 2002 titled "Contract for an electronic Radio Controlled Outdoor Siren
Warning System," City Secretary Contract Number 28214 (Contract Documents)
whereby SafetyCom agreed to develop, equip and install a radio-controlled, electronic,
outdoor siren warning system consisting of sirens and related equipment (the "System");
and
WHEREAS, the Agreement and incorporated documents Contract Documents
provide that upon completion of the installation of the System, the City will conduct a
thirty (30) day acceptance test set forth in the Contract Documents to verify proper
installation and operation of the System; and
WHEREAS, the City has verified proper installation and operation of the System,
and is now willing to accept the System.
NOW, THEREFORE, in consideration of the recitals above, the mutual promises
set forth in the Contract Documents, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the City hereby states as
follows:
1. As of April 28, 2005, the obligations of SafetyCom to develop, equip and
install the System as provided in the Agreement have been fully satisfied.
Subject to the responsibilities of SafetyCom under Section 11, "Guarantee,
Performance, and payment Bond," and Section 12, "Warranty," as
described in the Contract Documents and the deconstruction of the old
sirens, all rights and obligations of SafetyCom pursuant to the Agreement
regarding the development, equipping and installation of the System are
hereby terminated.
2. The City has accomplished the Operational Verification as set forth in
Section 4.2 of the Contract Documents and has determined that the System
is operating in accordance with the Contract Documents.
3. All equipment and software warranties shall commence as of the date
hereof and shall continue in effect as set forth in the Contract Documents.
Compliance with all warranties set forth in the Contract Documents shall
be at the expense of SafetyCom.
IN WITNESS WHEREOF, the duly authorized officer of the City has affixed his
name as of the date first above written.
Off
i
CITY OF FORT WORTH
By: CA'LL, (Z ' &V�
Name: Charles Boswell
Title: City fM�ana er /
Date:
Attest:
Name: Mardi drix, City Secrefary
Date: 13 t
APPROVED AS TO LEGAL FORM: NO M&C REQUIRED
Name: Carla Cook, City Attorney
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