HomeMy WebLinkAboutContract 51930-A1 CSC No.51930-A1
FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 51930
This First Amendment to Fort Worth City Secretary Contract No. 51930 ("First
Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation
and Broadband Antenna Tracking Systems, Inc. an Indiana Corporation("Vendor").
WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth
City Secretary Contract No. 51930 beginning (date) (the "Agreement"); and
WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the
Agreement to include additional purchases.
NOW THEREFORE,known by all these present,Fort Worth and Vendor, acting herein by
the through their duly authorized representatives, agree to the following terms, which amend the
Agreement as follows:
1. The Agreement is hereby amended by adding Exhibit A, attached to this First
Amendment, as an additional scope of services.
2. The following paragraph is hereby added to Agreement::
Compensation. City shall pay Vendor an amount not to exceed Twenty-
Six Thousand, Nine Hundred and Seventy-two Dollars and 00/100
($26,972.00)in accordance with the provisions of this Agreement.For each
Renewal Term, the City shall pay the amount on a quote provided by
Vendor which shall then be attached to the City's respective renewal form.
Vendor shall not perform any additional services for City not specified by
this Agreement unless City requests and approves in writing the additional
costs for such services. City shall not be liable for any additional expenses
of Vendor not specified by this Agreement unless City first approves such
expenses in writing. City agrees to pay all invoices of Vendor within thirty
(30) days of receipt of such invoice.
3. 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]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No. 51930 Page 1 of 2
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth 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. :ashington(Dec30,2 009:27CST) and reporting requirements.
Name: Valerie Washington
Title: Assistant City Manager
Date: Dec 30, 2020 By. -4
Name: Alan Girton
Approval Recommended: Title: Sr. IT Solutions Manager
By: Approved as to Form and Legality:
Name: Kevin Gunn
Title: Director,IT Solutions
a�F FORT as By: trong(Dec 30,202009: sT)
Attest: PJ6 0 °° 0�� Name: ohn B. Strong
0-o $-�o Title: Assistant City Attorney
i� T °
d
T'�'° 1`� Contract Authorization:
By. YT °0O000o0° FY
Name: Mary J. Kayser Y�a�nExpS��p M&C: N/A
Title: City Secretary
VENDOR:
Broadband Antenna Tracking Systems, Inc.
By:
Name: Robert Bruder
Title: VP Program Management
Date: 12/16/2020
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No. 51930 Page 2 of 2
rHATS Estimate
Date Estimate#
Broadband Antenna Tracking Systems, Inc.
Indianapolis, IN 46268 10/12/2020 8926
Name/Address Ship To
Information Technology Solutions IT Solutions,Telecom Division
IS Solutions Department Attn:Chris Dusseau
200 Texas Street 1515 1 lth Ave.
Forth Worth,TX 76102 Fort Worth,TX.76102
817-392-6045
Unless stated below,pricing valid
for 90 days from date of estimate, Rep P.O. No. Terms Due Date FOB/INCOTERMS
standard delivery 8 weeks upon
acceptance of purchase order. RB Net 30 11/11/2020 ORIGIN/EXW
Qty Item Description Price Each Total
REPLACEMENT POSITIONING UNIT FOR NORTH BEACH
1 BTS-PU50 POSITIONING UNIT 50 LB,BRUSH STYLE 14,472.00 14,472.00
HTS:8501.31.2000,Origin:USA
WIRE Wiring Instructions: 0.00 0.00
Bank Information:
J.P.Morgan Chase,N.A.
10495 N.Michigan Road
Carmel,IN 46032
Account Information
Swift Number: CHASUS33
Routing Number: 074000010
Account Number:901406363
Broadband Antenna Tracking Systems
8431 Georgetown Road,Suite 600
Indianapolis,IN 46268
SPECIAL PRICING
ANNUAL MAINTENANCE HOLDER Subtotal $14,472.00
Sales Tax (0.0%) $0.00
Total $14,472.00
This order is subject to all terms,conditions and software license displayed at:http://www.batswireless.com/salestenns
FORT WORTH
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
This form must be provided when requesting to make a purchase over$50,000 without following public
bidding requirements.
Instructions: Fill out the entire form with detailed information. Once you have completed this form,
provide it to the Purchasing attorney for review. The attorney will review the information you have
provided and determine whether using an exemption to Chapter 252's biding requirements would be
defensible. If you are printing this form to provide to Legal, please do not provide the Primer portion.
Failure to provide sufficient information may result in follow up questions and cause a delay in the
attorney's determination.
Section 1: General Information
Requesting Department: IT Solutions
Name of Contract Manager: Alan Girton
Department's Attorney: JB Strong
Item or Service sought: Replacement of Positions Unit
Vendor: Broadband Antenna Tracking System Inc
Current Agreement for item/service: 0 Yes ❑ No
CSC#: 51930
Recommended by [print name]: Kevin Gunn
Department Director Kevin Gunn
Signature:
Telephone Number:
Date: Dec 3, 2020
How will this item or service be used:
This is replacement hardware for a failed component of the City's mobile microwave system
(Broadband Antenna Tracking System or BATS). It is used by the SEER unit of FWPD to respond to
special events and incidents, and by the Communications and Public Engagement Department to
broadcast live events, such as the Mayor's town hall meetings, over the City's cable television channel.
The failed component, located on the south side of the City's North Beach radio tower, helps provide
the coverage from north Fort Worth back to the downtown area. It is one of three BATS sites
maintained by the City to provide coverage of the BATS system.
Page 1 of 4
Please note that the lack of coverage due to this failed component is a public safety issue.
Section 2: Exemption Justification
Please indicate which exemption you believe applies to the purchase and provide information to
support its applicability. Please refer to the Exemption Primer for detailed information about common
exemptions.
❑ a procurement made because of a public calamity that requires the immediate appropriation of
money to relieve the necessity of the municipality's residents or to preserve the property of the
municipality;
❑ a procurement necessary to preserve or protect the public health or safety of the municipality's
residents;
❑ a procurement necessary because of unforeseen damage to public machinery, equipment, or other
property;
❑ a procurement for personal, professional, or planning services;
❑ a procurement for work that is performed and paid for by the day as the work progresses;
❑ a purchase of land or a right-of-way;
a procurement of items that are available from only one source, including:
• a purchase of rare books, papers, and other library materials for a public library;
❑ paving drainage, street widening, and other public improvements, or related matters, if at least one-
third of the cost is to be paid by or through special assessments levied on property that will benefit
from the improvements;
❑ a public improvement project, already in progress, authorized by the voters of the municipality, for
which there is a deficiency of funds for completing the project in accordance with the plans and
purposes authorized by the voters;
❑ a payment under a contract by which a developer participates in the construction of a public
improvement as provided by Subchapter C, Chapter 212;
❑ Personal property sold:
A. at an auction by a state licensed auctioneer;
B. at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business
& Commerce Code;
C. by a political subdivision of this state, a state agency of this state, or an entity of the federal
government; or
D. under an interlocal contract for cooperative purchasing administered by a regional planning
commission established under Chapter 391;
❑ services performed by blind or severely disabled persons;
❑ goods purchased by a municipality for subsequent retail sale by the municipality;
❑ electricity; or
❑ advertising, other than legal notices
Please provide details and facts to explain why you believe the exemption applies to the purchase.
You may also attach documentation to this form.
The BATS system is a proprietary system available through this vendor. No other hardware from any
source is compatible with this system.
Page 2 of 4
Section 3: Attorney Determination
With the facts provided by the department, is the use of the claimed exemption defensible if the City
were to be challenged on this purchase?RhYesRJNo
Was there anything not included on this form or attached hereto that was relied on in making this
determination?[gYesWINo
If yes, please explain:
Approved By: Assistant City Attorney I "
Date: Dec 3, 2020
Page 3 of 4
EXEMPTION FORM PRIMER
Below are explanations and examples of common exemption that apply to municipal purchases. If you
have questions about the information provided or need additional information, please contact your
department's assigned attorney.
1. A procurement made because of a public calamity that requires the immediate appropriation of
money to relieve the necessity of the municipality's residents or to preserve the property of the
municipality. This is generally used in cases of public emergency.
2. A procurement necessary to preserve or protect the public health or safety of the municipality's
residents. This is a factual determination that will be used when the purchase directly impacts public
health and safety. Please note, this is generally a very narrow exception.
3. A procurement necessary because of unforeseen damage to public machinery, equipment, or
other property. Damage or immediately foreseeable damage that is caused by an unexpected event. This
will generally be used when a natural disaster or unforeseen failure occurs that impacts other property.
4. A procurement for personal, professional, or planning services;
Professional services are not defined under Chapter 252, so there is no precise definition to follow.
However, the Texas Attorney General has suggested that a professional service comprehends labor
and skill that is `predominately mental or intellectual, rather than physical or manual."' Tex. Atty Gen
Op. JM-940 (1988) (quoting Maryland Casualty Co. v. Cray Water Co., 160 S.W. 2d 102 (Tex. Civ.
App.—Eastland 1942, no writ). The Texas Attorney General has also opined that"professional
services" no longer includes only the services of lawyers, physicians, or theologians, but also those
members of disciplines requiring special knowledge or attainment and a high order of learning, skill,
and intelligence. Id.
Facts needed to support a professional service exemption include the specialized requirements of that
profession and the mental and intellectual skill required by the person while performing the service.
Purchases of goods are not professional services.
5. A procurement of items that are available from only one source.
This exemption is commonly referred to as the sole source exemption. In determining whether a
purchase is of a good or service that is available from one source, you should not consider price or time
to receive the good or service. The information needed to support this exemption, is that no other
provider can provide the service or category of good except for the vendor you are proposing. Some
examples of sole source purchases include service agreements when only one vendor is authorized to
work on the equipment by the manufacturer and allowing another vendor would void the warranty;
purchase of a good that is copyrighted or trademarked and only provided by one vendor.
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