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HomeMy WebLinkAboutContract 41910-A10 A�R152016 CITY Or FpRI`��(�RTH CITY SECRETARY CONTRACT NO. �I ' CITY�>CR�TARY AMENDMENT NO. 10 TO CITY SECRETARY CONTRACT NO. 41910 SYSTEM PURCHASE AGREEMENT BETWEEN CITY OF FORT WORTH AND MOTOROLA SOLUTIONS INC. This Amendment No. 10 ("Amendment") to City Secretary Contract No. 41910 System Purchase Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth (the "City"), a home rule municipal corporation situated in portions of Tarrant, Denton, and Wise Counties, Texas acting by and through Susan Alanis, its duly authorized Assistant City Manager, and Motorola Solutions, Inc., ("Consultant"), acting by and through Rick Rigsbee, its duly authorized MSSSI Vice President, collectively referred to as the "Parties." RECITALS The following provisions are true and correct and form the basis of this Amendment: WHEREAS, on or about June 14, 2011, the parties entered into a System Purchase Agreement ("Agreement") to purchase a P25 Radio Communication System. The Agreement is a public document on file in the City's Secretary Office and referenced as City Secretary Contract No. ("CSC") 41910; and WHEREAS, on or about May 23, 2012, the parties subsequently amended the Agreement via CSC No. 41910-A1, to incorporate changes agreed to during the Design Review and in accordance with the Agreement, to modify pricing structure, system description, scope of services, acceptance testing, equipment, LTE services, and other items as deemed necessary and agreed to by the Parties; and further amended the agreement on or about May, 23, 2012, via CSC No. 41910-A2, to extend the pricing provision and modify provisions for equipment storage; and further amended the Agreement on or about August 1, 2012, via CSC No. 41910- A-3 to incorporate changes in the Astro Repeater (ARS) site location from Texas Motor Speedway ("TMS") to American Tower Corporation Roanoke Site ("Roanoke ATC"); and further amended the Agreement on or about January 25, 2013, via CSC No. 41910-A-4 to incorporate changes for subscriber hardware and installations, training, and work at radio sites deemed necessary and agreed to by the Parties; and further amended the Agreement on or about April 26, 2013, via CSC No. 41910-A-5 to incorporate changes in design, equipment, and installation for work at Burnett Plaza Site, Roanoke Site, Bergh 2 site, and Eagle Mountain Site; and further amended the Agreement on or about August 20, 2013, via CSC No. 41910-A6 to incorporate changes in design, equipment, installation and work at Burnett Plaza Site, Eagle Mountain Site, Rolling Hills Site, North Beach Site, Roanoke Site, Bergh Site, Bolt Street Site, and Westland 6 Site; further amended on or about September 16, 2014, via CSC No. 41910-A7 to incorporate changes in design, equipment, installation and implementation of Public Safety Long Term Evolution (PS LTE) Radio Access Network (RAN) and Remote Agency Core/Gateway connected to and supported by the Harris County, TX Evolved Packet Core (EPC); including CFW/MOTOROLA - — — � Amendment No.10 to CSC No.41910 t� rr t I�nr�t�t Page 1 �1r 8��(x'L L-F7F7G0 D C�Ua'v unu N"7 Aeroflex Service Monitor and DiagnostX Tool; further amended on or about November 26, 2014, to incorporate changes in subscriber services reconciliation, subscriber Flash returns, return SmartX training, Bergh 2 antenna replacements, extension of system maintenance services through 2015, and 10 NICE Systems Inform concurrent user licenses with Installation, and further amended on or about February 6, 2015, via CSC No. 41910-A9 to incorporate a credit for the return and removal of LTE system equipment and provide a pro-rated 11.33 months of system maintenance services for the year 2016. CSC Nos. 41910, 41910-A1, 41910-A2, 41910- A3, 41910-A4, 41910-A5, 41910-A6, 41910-A7, 41910-A8, and 41910-A9 are hereby collectively referred to as the ("Agreement'); and WHEREAS, the Parties now wish to amend the agreement to add Section 16 Federal Law Enforcement Database Access and the Federal Bureau of Investigation Criminal Justice Information Services Security ("CJIS") Addendum as required by Title 28, Code of Federal Regulations, Part 20. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Consultant agree as follows: 1. The Agreement shall be amended to add Section 16 which shall read as follows: 16. Federal Law Enforcement Database Access. If Consultant, or any Consultant Personnel, requires access to any federal law enforcement database or any federal criminal history record information system, including but not limited to Fingerprint Identification Records System ("FIRS"), Interstate Identification Index System ("III System"), National Crime Information Center ("NCIC") or National Fingerprint File ("NFF"), or Texas Law Enforcement Telecommunications Systems ("TLETS"), that is governed by and/or defined in Title 28, Code of Federal Regulations Part 20 ("CFR Part 20"), for the purpose of providing services for the administration of criminal justice as defined therein on behalf of the City or the Fort Worth Police Department under this Agreement, Consultant shall comply with the Criminal Justice Information Services Security Policy and CFR Part 20, as amended, and shall separately execute the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum in the form attached hereto as Addendum A and incorporated herein for all purposes." No changes, modifications, alterations, or amendments shall be made to the Security Addendum. The document shall be executed as is in the attached Addendum A, or as subsequently approved by the Texas Department of Public Safety or the United States Attorney General. CFW/MOTOROLA Amendment No.10 to CSC No.41910 Page 2 2. All other provisions of the Agreement that are not expressly amended herein shall remain in full force and effect. Executed on this the/Vi� day of ' 2016. CITY OF FORT WORTH: MOTOROLA SOLUTIONS, INC.: By: By: el� S san Alanis sistant City Manager Date: '�I U Date: LasIl ATTEST. ® F By: Mary J. ' yse *g City Secretary APPROVED AS TO FORM AND LEGALI .. . 13y-_4 r 4uv-�- Maleshi Farmer Senior Assistant City Attorney Contract Authorization: M&C G-17303 Date Approved: June 14, 2011 OFFICIAL RECORD CFW/MOTOROLA CITY SECRETA;RY Page 3 Amendment No.10 to CSC No.41910 VT- UdORTH9 7X ADDENDUM A FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM CFW/MOTOROLA Amendment No.10 to CSC No.41910 Page 4 Agency Iclerxi ficotion Agency Nome ORI FORT WORTH POLICE DEPARTMENT Agency Addiess 1000 THROCKMORTON STREET city to FORT WORTH TX 76102 Agency Repiesenlalive([ilk,and Name) CHIEF OF POLICE V)ione Num}or tux Numbot Email address Contractor Identffication Company Name ComponAddress t$� � f �� � .tip &4) City I Slate Tip Con lurRerffe dative(title and Nann) I'hunc Nunes cr Y / lax Numbet _ Unait actcfuns _ T , () Cr®e Submit hard copies and any applicant finger print cards to: Via USPS: Via overnight carrier: Texas Department of Public Safety Texas Department of Public Safety CJIS Security Office\Information Technology CJIS Security Office\Information Technology P O Box 4143 MSC 214 5805 N.Lamar,Bldg.G Austin,TX 78765-4143 Austin,TX 78752 Email can be sent to: Se alrity.Committaer'altdt�s,state.taus \Main office number isj(112)424-5686 Parties may use the following Security.addendum with the Texas Signatory Page or, in their contract, choose to incorporate the Security Addendum b}, raferwce. ff the Addendum is incorporated by reference into the contract_a copy of the contract must be provided to the 71 DPS CJIS Security Office. CFW/MOTOROLA Amendment No.10 to CSC No.41910 Page 5 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM Legal Authority for and Purpose and Genesis of the Security Addendum Traditionally, law enforcement and other criminal justice agencies have been responsible for the confidentiality of their information. Accordingly, until mid-1999, the Code of Federal Regulations Title 28, Part 20, subpart C, and the National Crime Information Center (ECIC) policy paper approved December 6, 1982, required that the management and exchange of criminal justice information be performed by it criminal justice agency or, in certain circumstances, by a noncriminal justice agency under the management control of criminal justice agency. In light of the increasing desire of governmental agencies to contract with private entities to porlorn administration of criminal justice functions,the FBI sought and obtained approval from the United Status Department of Justice (DOJ) to pormit such privatization of traditional law enforcement fimctions under certain controlled circumstances, in the Federal Register of\day 10, 1999, the FBI published a Notice of Proposed Rulemaking, announcing as follows: 1. Access to CHRI [Criminal History Record Inforniation] and Related Information,Subject to Appropriate Controls,by a Private Contractor Pursuant to a Specific Agreement with an Authorized Governmental Agency To Perform an Administration of Criminal Justice Function (Privatization). Section 534 of title 28 of the United States Code authorizes the Attorney General to exchange identification, criminal identification, crime, and other records for the official use of authorized officials of the federal government, the slates, cities, and penal and other institutions.This statute also provides, however, that such exchanges are subject to cancellation if dissemination is made outside the receiving departments or related agencies. Agencies authorized access to CHRI traditionally have been hesitant to disclose that information, even in furtherance of authorized criminal justice functions, to anyone other than actual agency employees lost such disclosure be viewed as unauthorized. In recent yeah, however, governmental agencies seeking greater efficiency and economy have become increasingly interested in obtaining support services for the administration of criminal justice from the private sector. Willi the concurrence of the FBI's Criminal Justice Infonnntion Services (CJIS).advisory Policy Board, the DOJ has concluded that disclosures to private poisons and entities providing support services for criminal justice agencies may,when subject to appropriate con(rols,properly be viewed as permissible disclosures for purposes of compliance will) 28 U.S.C.534. We are ther'efo•e proposing to revise 28 CFR 20.33(x)(7)to provide express authority for such arrangements. The proposed authority is similar to the authority that already exists in 28 CFR 20.21(b)(3) for state and local CHRI systems. Provision of CHRI under this authority would only be permitted pursuant to it specific agreement with an authorized governmental CFW/MOTOROLA Amendment No.10 to CSC No.41910 Page 6 agency for the purpose of providing services for the administration of criminal justice. The agreement would be required to incorporate a security addendum approved by the Director of the FBI (acting for the Attorney General). The security addendum would specifically authorize access to CHRI,limit the use of the information to the specific proposes for which it is being provided, ensure the security and confidentiality of the information consistent with applicable laws and regulations, provide for sanctions, and contain such other provisions as the Director of the FBI (acting for the Attorney General) may require. The security addendum, buttressed by ongoing audit programs of both the FBI and the sponsoring governmental agency, will provide an appropriate balance between the benefits of privatization, protection of individual privacy interests, and preservation of the security of the FBI's CHRi systems. The FBI will develop a security addendum to be trade available to interested governmental agencies. We anticipate that the security addendum will include physical and personnel security constraints historically required by NCIC security practices and other programmatic requirements, together with personal integrity and electronic security provisions comparable to those in NCIC User Agreements between the FBI and criminal justice agencies, and in existing Aktanagement Control Agreements between criminal justice agencies and noncriminal justice governmental entities. The security addendum will make clear that access to CHRI will be limited to those officers and employees of the private contractor or its Subcontractor who require the information to properly perform services for the sponsoring governmental agency, and that the service provider may not access, modify, use, or disseminate such information for inconsistent or unauthorized purposes. Consistent with such intent,Title 28 of the Code of Federal Regulations(C.F.R.) was amended to read: §20.3;Dissemination of criminal history record information. a) Criminal history record information contained in the Interstate Identification Index (111) System and the Fingerprint Identification Records System(FIRS)may be made available: 1) To criminal justice agencies for criminal justice purposes, which purposes include the screening of cnnployccs or applicants for employment hired by criminal justice agencies. 2) To noncriminal justice governmental agencies performing criminal justice dispatching functions or data processing/information services for criminal justice agencies;and 3) To private contractors pursuant to a specific agreement with an agency identified in paragraphs(a)(1)or(a)(b)of this section and for the purpose of providing services for the administration of criminal justice pursuant to that agreement. The agreement must incorporate a security addendum approved by the Attorney General of the United CFW/MOTOROLA Amendment No.10 to CSC No.41910 Page 7 States, which shall specifically authorize access to criminal history record information, limit the use of the information to the purposes for which it is provided, ensure the security and confidentiality of the information consistent with these regulations, provide for sanctions, and contain such other provisions as the Attorney General may require. The power and authority of the Allorrrey General hereunder shall be exercised by the FBI Director(or the Director's designee). 'Phis Seeurity Addendum, appended to and incorporated by reference in a governInert-private sector contract entered into for such purpose, is intended to insure that the benefits of privatization are not attained with any accompanying degradation in the security of the national system of criminal records accessed by the contracting private party. This Security Addendum addresses both concerns for personal integrity and electronic security which have been addressed in previously executed user agreements and management control agreements. A government agency may privatize functions traditionally periornted by criminal justice agencies (or noncriminal justice agencies acting under a ni'magentent control agreement), subject to the teens of this Security Addendum, If privatized, access by a private contractor's personnel to NCIC data and other CJIS inlorniation is restricted to only that necessary to perform the privatized tasks consistent with the government agency's function and the focus of the contract. If privatized the contractor may not access, modify, use or disseminate such data in any manner not expressly authorized by the govertnuent agency in consultation with the FBI. CFW/MOTOROLA Amendment No.10 to CSC No.41910 Page 8 FEDERAL BUREAU OF INVFWFIGA'1'ION CRIMINAL JUSUCE INFOIULVI'ION SERVICES SECURITY ADDENDUM The goal of this document is to augment the CJIS Security Policy to ensure adequate security is provided for criminal justice systems while(1)undcr the control or management of a private entity or(2)connectivity to FBI CJIS Systems has been provided to a private entity (contractor). Adequate security is defined in Oilice of Management and Budget Circular A- 130 as "security commensurate with the risk and magnitude of harm resulting from the loss, misuse.or unauthorized access to or inodifrcation of information." The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with federal and state laws.,regulations,and standards(including the CJIS Security Policy in effect when the contract is executed),as well as with policies and standards established by the Criminal Justice Information Services (C.TiS) Advisory Policy Board(APR). This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adcqualc internal controls within the contractual relationship so that the security and integrity of the FBI's information resources are not compromised.The security program shall include consideration of personnel security, site security, system security,and data security,and technical security, '17ie provisions of this Security Addendum apply to all personnel,systems, networks and support facilities supporting and/or acting on behalf of the government agency. 1.00 Definition,- 1.01 efinitions1.01 Contracting Government Agency(CGi1)-the government agency,whether a Criminal Justice Agency or a Noncriminal Justice Agency, which enters into an agrocment with a private contractor subject to this Security Addendum. 1.02 Contractor - a private business, organization or individual which has entered into ar agreement for the administration of criminal justice with a Criminal Justice Agency or it Noncriminal Justice Agency. 2.00 Responsibilities of the Contracting Government Agency. 2.01 'I'hc CGA will cnsuc that each Contrtolor employee receives a copy of the Security Addendum and the CJIS Security Policy and executes an acknowledgment of such receipt and the contents of the Security Addendum.The signed acknowledgments shall remain in the possession of the CGA and available for audit purposes. 3.00 Responsibilities of the Contnrctor. 3.01 'I'hc Contractor will maintain a security program consistent with federal and stale laws, regulations,and standards (including the CJIS Security Policy in ofteet when the contract is executed), as well as with policies and standards established by the Criminal Justice Information Survioes(CJIS)Advisory Policy Board(APB), 4,00 Sccurily Violations. 4.01 'rhe CGA must report security violations to the CJIS Systems Officer(CSO) and the Director,FBI,along with indications of actions taken by the CGA and Contractor. CFW/MOTOROLA Amendment No.10 to CSC No.41910 Page 9 4.02 Security violations can justify termination of the appended agreement. 4.03 I?pon notification,the FBI reserves the right to: a.Investigate or decline.to investigate any report of unauthorized use; b. Suspend or terminate access and services, including telecommunications links. The FBI Will provide the CSO with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to the FBI by the CJA and Contractor. Upon termination,the Contractor's records containing CHRI must be deleted or returned to the CUA. 5.00 Audit 5.01 The FBI is authorized to perform a final audit of the Contractor's systems after tennination of the Security Addendum. 6.00 Scope and Authority 6.01 This Security Addendum does not confer,grant,or authorize any rights,privileges,or obligations on any persons other than the Contractor,CGA,CJA(where applicable),CSA, and FBI. 6.02 The following documents are incorporated by reference and made part of this agreement:(1)the Security Addendum;(2)the NCIC 2000 Operating Manual;(3)the CJIS Security Policy;and(4)'title 28,Code of federal Regulations,Pari 20.The parties are also subject to applicable federal and state laws and regulations. 6.03 The terns set forth in this document do not constitute the sole understanding by and between the patties hereto;rather they augment the provisions of the CJIS Security Policy to provide a minimum basis for the security of the system and contained information and it is understood that there may be tcmrs and conditions of the appended Agreement which impose morn stringent requirements upon the Contractor. 6,04'fhis Security Addendum may only be modified by the FBI,and may not be modified by the parties to the appended Agreement without the consent of the PBI. 6.05 All notices and correspondence shall be for%va rded by First Class mail to: Assistant Director Criminal Justice Information Services Division,PBI 1000 Custer Hollow Road Clarksburg,West Virginia 26306 CFW/MOTOROLA Amendment No.10 to CSC No.41910 Page 10 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM CERTIFICATION I hereby certify that I am familiar with the contents of(1)the Security Addendum, including its legal authority and purpose;(2)the NCIC 2000 Operating\Manual;(;)the CJIS Security policy; and (4) Title 28, Code of Federal Regulations, Part 20, and agree to be bound by their provisions. I recognize that criminal history record information and related data, by its very nature,is sensitive and has potential for great harm if misused. I acknowledge that access to criminal history record information and related data is therefore limited to the purposc(s)for which a government agency has entered into the contract incorporating this Scourity Addendum. I understand that misuse of the system by, among other things: accessing it without authorization; accessing it by exceeding authorization; accessing it for an improper purpose; using, disseminating or rc-disscminaling information received as a resull of this contract for a purpose other than that envisioned by the contract, may sullied me to administrative and criminal penalties. I understand that accessing the system for an appropriate purpose and then using, disseminating or re-disseminating the information received for another purpose other than execution of the contract also constitutes misuse. I further understand that the occurrence of misuse docs not depend upon whcthcr or not I receive additional compensation for such authorized activity. Such exposure for misuse includes, but is not limited to,suspension or loss of employment and prosecution for state and federal crimes. Signature of Contractor Employee Date Printed or Typed Contractor Employee Name Sex: Race: DOB: Statc/Ill or DI,: Signature of Contractor Representative Date Printed or Typed Nli me of Contractor Representative Organization Name and Representative's Title CFW/MOTOROLA Amendment No.10 to CSC No.41910 Page 11 Texas Signatory Page The undersigned parties agree that the SecurilyAddenchrm is now a part of the contract between the entities. 'flre parties agree to abide by all requirements of the SecurUyAciclenchmt and the CJIS Security Police,and it shall retrain in force for the tern of the contract. Any violation of this addendum constitutes a breach of the contract. To the extent there is a conflict between a confidentiality clause in the underlying contract and the Senility Addendum and/or the CJIS Securio,Policy,the Sec u•ily,iddenduni and the CJIS Securih' Policy shall govern any information covered by the SecurilvAdldendunr and/or the CJIS Security, PcrGcy. (To be signed and(fated by the vendor and law enforcement agency representative(s)who signed the original contract,or at least who have authority to bind each entity.) Printed Name of Agency Representa live Chief of Police Signature of Agency Representative Title Fort Worth Police Department Agency Name and ORI Date �tclu�1 hinted Name of Vcr or(Contractor)Representative 44z4:== I/,.cc Pyr; Sign tune of Vendor(Contractor)Representative Title Ai/,014 cSoLCA�®hS clot C• 3 a3 114 Vendor Organim ion Name Date CFW/MOTOROLA Amendment No.10 to CSC No.41910 Page 12 M&C R-view • I CIL,AGENDA FORT WORTH COUNCIL ACTION: ;Approved on 6/14/2011'- 19735-06-2011 DATE: 6/14/2011 REFERENCE NO.: G-17303 LOG NAME: 13TAX NOTES 11 CODE: G TYPE: NON-CONSENT PUBLIC HEARING: NO SUBJECT: Approve One-Time Exception to the Financial Management Policy Statements to Allow the Use of Debt Structures Involving Balloon Payments for the Sole Purpose of Financing the Upgrade to the City's Public Safety and Public Works Radio Communications System Via Tax Notes, Adopt Ordinance Authorizing Issuance of Tax Notes in the Principal Amount of$43,050,000.00, Approving the Sale of the Notes to JP Morgan Chase, Providing for the Levy, Assessment and Collection of a Tax Sufficient to Pay the Interest on Said Notes, Create a Sinking Fund for the Payment of the Principal Thereof and Ordaining Other Matters Related Thereto, Authorize Execution of a System Purchase Agreement in the Amount Not to Exceed $39,345,641.55 with Motorola Solutions, Inc., for Equipment and Professional Services Using a Houston-Galveston Area Contract, and Authorize Execution of Amendment No. 2 to City Secretary Contract No. 40264 with Buford Goff&Associates to Provide Engineering and Quality Assurance Services in the Amount Not to Exceed $2,900,000.00 RECOMMENDATION: It is recommended that the City Council 1. Approve a one-time exception to the Financial Management Policy Statements to allow the use of debt structures involving balloon payments for the sole purpose of financing the upgrade to the City's Public Safety and Public Works radio communications system via Tax Notes; 2. Adopt the attached ordinance authorizing the issuance of Tax Notes in the principal amount of $43,050,000.00, approving the sale of the notes to JP Morgan Chase; providing for the levy, assessment and collection of a tax sufficient to pay the interest on said notes and to create a sinking fund for the payment of the principal thereof and ordaining other matters related thereto; 3. Authorize execution of a system purchase agreement in the amount not to exceed $39,345,641.55 with Motorola Solutions, Inc., for equipment and professional services using Houston-Galveston Area Contract number RA01-08; and 4. Authorize execution of Amendment No. 2 to City Secretary Contract No. 40264 with Buford Goff& Associates to provide engineering and quality assurance services in the amount not to exceed $2,900,000.00. DISCUSSION: If approved, this M&C will approve a one-time exception to the Financial Management Policy Statements (FMPS) regarding debt structures with balloon payments, authorize the issuance and sale of Tax Notes to JP Morgan Chase in order to fund the project to upgrade the City's public safety and public works radio communications system instead of using the lease-purchase agreement previously approved, and authorize the execution of the related purchase and services agreements. The FMPS, adopted by the City Council on December 14, 2010, prohibits balloon debt repayment schedules which consist of low annual payments and one large payment of the balance due at the end of the term. However, due to a unique combination of circumstances, including rare market conditions, http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15442&councildate=6/14/2011[11/11/2014 8:29:10 AM] M&C Review financing restrictions, and the urgency of the project to ensure continued maximum public safety, staff is seeking a one-time exception to the policy for the sole purpose of funding this long-term project via Tax Notes which have a maximum life of seven years. The principal pay-down schedule would mirror a standard 10-year issue for the first six years, thus avoiding the spirit of typical balloon-payment financing. It is anticipated that the Tax Notes will be refunded prior to final maturity to accomplish proper amortization periods. On May 17, 2011, (M&C P-11234 revised) the City Council approved the acquisition of hardware, software and services to upgrade the City's public safety and public works radio communications system. On this same M&C, the staff recommendation was to fund this project via a lease-purchase agreement with Motorola. On today's Agenda is M&C G-17302 for separate consideration as staffs recommendation to rescind that authorization and repeal the related ordinances. Because of current market conditions, the City can finance this project quickly via Tax Notes, resulting in a projected savings of approximately $500,000.00 annually over the lease-purchase cost. Although the method of financing is transferring from lease-purchase to financed purchase, the General Fund will continue to be the source of repayment. The upgrade to a current generation digital system will more effectively meet the requirements of first responders, and fulfills state and federal objectives for interoperability amongst the region's similar agencies. This system will replace the City's current system acquired in 1992, which is no longer supported by the manufacturer. On September 16, 2008, M&C C-23055 was approved, authorizing Buford Goff and Associates, Inc., (BGA) to perform an assessment of the public safety radio system. In March 2009, BGA presented a report that key components of the system had reached end of their life expectancy, were no longer supported by the manufacturer and could suffer failures when taxed by emergencies and increased traffic. In light of these factors, the City was encouraged to act as soon as possible. On May 18, 2010, City Council approved M&C C-24221 authorizing BGA to develop a master plan for the City to upgrade its radio systems, and negotiate a competitively-priced agreement with the City's communications provider, Motorola Solutions, Inc. The master plan reinforced the urgency of the 2009 study. Given the current fragile state of the system, increasing service outages, the unavailability of replacement parts, and the financial challenges the City is facing, the Master Plan attempted to balance these factors and ensure a stable, reliable and secure communications infrastructure for Police, Fire, Water, Transportation and Public Works, Parks and Community Service and other City departments. On June 15, 2010, M&C C-24272 was approved to authorize the acquisition of the Project 25 (P25) standard master switch, or the core, of a current generation radio system along with one small site to operate as a potential backup to the existing system. The plan proposed by BGA and Motorola Solutions, Inc., builds upon the installation of this master switch and the initial site. Because of the magnitude of this project, the full build-out and migration is expected to require almost 48 months to complete. Assuming contract execution in July 2011, the project would be scheduled for completion in the first quarter of 2015. The total cost of the project is estimated not to exceed $53,000,000.00. This total includes $39,345,641.55 for hardware, software and services acquired through the System Purchase Agreement with Motorola Solutions, Inc.; $2,900,000.00 for engineering, consulting, and other professional services from BGA through March 2015; and additional costs for project management and site construction. Additional M&Cs will be submitted to the City Council for approval of these other project costs as necessary. Staff recommends execution of the System Purchase Agreement with Motorola Solutions. Under this agreement, the system implemented will include expanded coverage areas, specifically in west Fort Worth and at Texas Motor Speedway, and it will provide additional security features which will help prevent unauthorized monitoring of public safety communications transmissions. Public works personnel will also utlize a segment of this system, and if a significant event occurs, public safety personnel will have access to the public works portion as well. Ongoing support capabilities will be enhanced through http://apps.cfwnet.org/council_packet/mc review.asp?ID=15442&councildate=6/14/2011[11/11/2014 8:29:10 AM] M&C Review 7x24 monitoring and dispatch by Motorola's network operations center. Staff also recommends execution of Amendment No. 2 to City Secretary Contract No. 40264 with Buford Goff&Associates for the provision of engineering, consulting and other professional services through March 2015. These services will include detailed work regarding system design reviews, frequency licensing, acceptance testing and other critical program functions. Staff is continuing to explore cooperative measures with other agencies for potential cost sharing and joint participation. This project is structured in such a way to enable such measures if they are realized in the future. It is anticipated that the Crime Control and Prevention District (CCPD) will transfer funds, at a future date via M&C, to offset a portion of the total cost and provide a funding source for the Fiscal Year 2012 debt service payment. Additionally, it is anticipated that the City Manger's Proposed Budget will include General Fund debt service transfers beginning in Fiscal Year 2013. PRICE ANALYSIS - The HGAC contract offers fixed discounts ranging from five percent to 25 percent, which remain unchanged from the previous purchase Agreement approved by City Council on March 18, 2008, M&C P-10750. 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. The Houston-Galveston Area Council contract was competitively bid to increase and simplify the purchasing power of government entities. M/WBE - Buford Goff and Associates, Inc., agrees to maintain its initial M/WBE commitment of five percent that it made on the original agreement and extend and maintain that same M/WBE commitment of five percent to this Amendment No. 2. Therefore Buford Goff and Associates, Inc., remains in compliance with the City's M/WBE Ordinance and attests to its commitment by its signature on the Acceptance of Previous M/WBE Commitment form executed by an authorized representative of its company. A waiver of the goal for M/WBE subcontracting requirements for Motorola Solutions, Inc., was approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds will be available upon completion of the sale, closing and delivery of approximately $43,050,000.00 City of Fort Worth, Texas, Tax Notes, Series 2011. The Financial Management Services Director also certifies that funds will be available to make the debt service payments on these obligations, and funds will be available in the General Fund, as appropriated, to satisfy the City's obligations. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Karen Montgomery (6222) Originating Department Head: Lena Ellis (8517) Additional Information Contact: James Mauldin (2438) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15442&councildate=6/14/2011[11/11/2014 8:29:10 AM] M&C Review note ord draft 060611.doc http://apps.cfvvnet.org/council_packet/mc review.asp?ID=15442&councildate=6/14/2011[11/11/20148:29:10 AM]