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HomeMy WebLinkAboutContract 31746 CITY SECRETARY! 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 B 2 CC