HomeMy WebLinkAboutContract 45484-A1 i
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CITY SECRETARYL I
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CONTRACT N0. �
FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO.45484
This First Amendment to Fort Worth City Secretary Contract No. 45484 ("First
Amendment") is made between the City of Fort Worth ("FORT WORTH"), a municipal
corporation,acting herein by and through Susan Alanis,its duly authorized Assistant City Manager
and the City of Watauga, a municipal corporation, ("USER") acting herein through Patrick
Shelbourne its duly authorized Mayor.
WHEREAS, FORT WORTH and USER entered into an Agreement identified as Fort
Worth City Secretary Contract No. 45484 beginning April 7,2014 (the"Agreement"); and
WHEREAS,USER wishes to subscribe to additional services of the CFW Trunked Voice
Radio Systems; and
WHEREAS,it is the collective desire of both FORT WORTH and WATAUGA to amend
the Agreement to include additional services of the CFW Trunked Voice Radio Systems.
NOW THEREFORE,KNOWN ALL BY THESE PRESENT,FORT WORTH and USER,
acting herein by thethrough their duly authorized m=sentativesxtter into this First Amendment,
which amends the Agreement as follows:
1.
The Agreement is hereby amended by adding Exhibit B, attached to this First Amendment, as
Exhibit B of the Agreement.
2.
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]
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First Amendment to Fort Worth City Secretary Contract No.45484 Pagel of 5
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EXECUTED IN MULTIPLE ORIGINALS on this thdday o ,20 .
APPROVED FOR APPROVED FOR
CITY OF FORT WORTH- CITY OF WATAUGA:
By: By:
Susan lams Patrick Shelbourne,Mayo's
Assistant CityJana er = tiDate: `� � Date: _July.27, 2018 '-. :�'
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 and reporting requirements.
By: �2
Name:
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Title: &55 j S77A-A)-t-
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APPROVED AS TO FORM
AND LEGALITY:
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By:
J.P(Strong
Assistant City Attorn?y
ATTEST: f
By:
City Secret Ox F................
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Contract Authorization: U 3:
M&C: C OFFICIAL RECORD s
Date Approved: CITY SECRETARY `
FT.WORTNI TX
First Amendment to Fort Worth City Secretary Contract No.45484 2 of 5
EXHIBIT B
CATEGORY 1,TERMS OF USE
The following definitions shall have the meanings set forth below and apply to this Agreement and
the Terms of Use set forth herein:
DEFINITIONS
"Chat Channel"shall mean a talk group that appears only on the WAVE System and is exclusive
to a USER. Chat Channels are not transmitted over the Radio System, but only to the USER's
smart devices on the WAVE System.
"Interoperability Channels" shall mean common channels accessible by multiple agencies for
the express purpose of providing communications among agencies during multi-agency operations
in accordance with the Interoperable Communications Plan.
"Radio System Talk Group"shall mean a talk group that is transmitted over the Radio System,
and may be accessed through the WAVE System.
"Smart Device" shall mean an electronic device utilized to access the WAVE System,including
but not limited to smartphones,tablets, workstations and any device specifically intended for use
with the WAVE System.
"WAVE Support Fee"shall mean the annual fee charged by CFW to offset costs incurred by the
CFW in the administration,operation and maintenance of the WAVE System.
"WAVE System" shall mean the Motorola Solutions WAVETM System adjunct to the Master
Switch and all other associated hardware, software and network facilities necessary to provide
access to the CFW Trunked Voice System from smart devices.
TERMS OF USE
1.The installation and maintenance of the WAVE infrastructure equipment is the responsibility of
CFW unless otherwise stated in this Agreement.
2. The CFW is the holder of the FCC (Federal Communications Commission) license(s)that the
Radio System uses for its operation. This Agreement shall not be construed or interpreted to grant,
convey, or otherwise provide USER with any rights whatsoever to the CFW FCC license(s) or to
the Radio Frequency spectrum used by the Radio System.
3.The CFW makes no guarantee,either express or implied,as to the performance of smart devices
used with the WAVE system.The USER is responsible for conducting appropriate and applicable
testing to determine the performance and suitability of the WAVE System for the USER's
requirements.
First Amendment to Fort Worth City Secretary Contract No.45484 3 of 5
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4.USER will be responsible for the acquisition,programming,and maintenance of all smart device
equipment and software USER will be utilizing in connection with the WAVE System.
5.USER will be responsible for the acquisition and annual renewal of all licenses associated with
the USER's utilization of the WAVE System directly from Motorola Solutions, Inc., or its
successors. USER agrees to acquire one appropriate license for each smart device that will access
the WAVE System. USER will instruct Motorola Solutions,Inc.,to provide license files to CFW.
Upon receipt of the license files, CFW will install the USER's licenses on the WAVE System.
6. The CFW will coordinate with the USER for the establishment of user accounts,radio system
talk groups and chat channels to be accessed through the WAVE System. Implementation and
administration of user accounts and talk groups will be the responsibility of CFW.
7. The CFW will provide access to a limited number of Interoperability Channels that may be
accessed by the USER. The number and selection of Interoperability Channels will be determined
at the sole discretion of CFW. USER will not be required to acquire licenses for Interoperability
Channels.
8. USER shall use due diligence in the maintenance and security of its smart device equipment to
ensure that no USER smart device causes a degradation to the WAVE System or Radio System
operation. The CFW shall have the right to remove from operation any smart device owned or
leased by USER that is operating on, attached and/or interfaced to the WAVE System, if CFW
determines in its sole reasonable discretion that such equipment is causing harm to the Radio
System in any way. Furthermore, the CFW shall have the right to deactivate, without prior
notification to or consent of USER, any smart device suspected of causing harm, intentionally or
unintentionally,to the operation of the WAVE System or the Radio System.
9. USER's smart devices may be used for voice communications over the Radio System
infrastructure in accordance with the terms and conditions of this Agreement for as long as this
Agreement remains in effect.
10.The CFW will be responsible for managing infrastructure loading and demand. CFW reserves
the right, without notice to incumbent users,to enter into a similar agreement with other entities
or to deny the addition of new smart device equipment to any user of the WAVE System. The
CFW shall have sole discretion in determining whether to allow additional users or smart devices
based on CFW's determination of whether such addition to the WAVE System can be made
without adversely impacting the WAVE System or the Radio System.
11. The CFW, at its sole discretion, will upgrade the WAVE System periodically. USER will be
notified at least sixty(60)days before commencement of the upgrade. USER will be responsible
for ensuring its smart devices have the software release appropriate to the current software release
of the WAVE System.
APPLICABLE FEES; TERMINATION; REFUNDS
First Amendment to Fort Worth City Secretary Contract No.45484 4 of 5
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12.USER shall pay the CFW an annual Infrastructure Support Fee in the amount of$39 per month,
per smart device. This fee is payable in advance on an annual basis for all active smart devices
registered to USER at the time of the annual billing. Invoicing will occur on a pro-rata basis when
new smart device accounts are issued, and thereafter, at the beginning of each CFW fiscal year. '
There will be no refunds or credits for smart devices removed from service during the fiscal year. f
13. USER shall pay the CFW an annual Chat Channel Fee in the amount of$14 per month,per
Chat Channel. This fee is payable in advance on an annual basis for all active Chat Channels
registered to the USER at the time of the annual billing. Invoicing will occur on a pro-rata basis
when new Chat Channels are activated, and thereafter, at the beginning of each CFW fiscal year.
There will be no refunds or credits for Chat Channels removed from service during the fiscal year.
14. CFW shall have the right to increase any applicable fees under this Agreement each fiscal year
to offset any increased costs incurred by CFW in the operation or maintenance of the Radio System
or WAVE System. Any increase in applicable fees will be effective at the beginning of the next
CFW fiscal year. CFW shall provide USER with 60 days' written notice of any intended fee
increase.
15. Either USER or CFW may terminate this Agreement for any reason, with or without cause,
upon ninety (90) days written notice to the other party. If USER terminates, there will be no
refunds or credits for any fee. If CFW terminates, CFW will issue a refund to the USER of all
fees. The CFW, in its sole discretion, shall have the right to deny USER access to the radio
infrastructure and/or the right to terminate the Agreement immediately if USER fails to make full
payment of invoiced system fees within thirty (30) days of the date payment is due. The CFW
further reserves the right to terminate this Agreement immediately, or deny access to the USER,
upon notice of USER misuse of the Radio System. Notwithstanding the foregoing, the CFW, in
its sole discretion, reserves the right to immediately deny access to the USER if such action is
required to prevent the spread of a security breach or threatened security breach or due to an
emergency, operational issue, or other critical incident between the WAVE System or Radio
System and the USER's environment. The CFW will use best efforts to restore access to the
USER as soon as possible once the security breach, emergency, operational issue, or critical
incident is resolved.
COMPLIANCE WITH LAWS
16.The USER shall comply with all current and future Federal,State,and Local laws,Ordinances,
and Mandates, including Federal Communications Commission rules and regulations regarding
proper use of radio communications equipment. The USER will also comply with the guidelines,
or procedures set out in this Agreement. Furthermore,the USER is responsible for enforcing such
compliance by its employees, directors, officers, agents, authorized representatives,
subcontractors, and consultants for USER Subscriber Radio equipment. Furthermore,the USER
will be responsible for payment of any fines and penalties levied against the CFW (as the license
holder) as a result of improper or unlawful use of smart device equipment owned or leased by
USER.
[End of Document]
First Amendment to Fort Worth City Secretary Contract No.45484 5 of 5
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Official
CITY COUNCIL AGENDA F(jR7� Wr II
COUNCIL ACTION: Approved on 8/28/2018
REFERENCE,,,,C-28812 04CITY OF WATAUGA SYSTEM
DATE: 8/28/2018 NO.: C-28812 NAME: AGREEMENT AMENDMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Amendment to a Communications System Agreement with the
City of Watauga for Expanded Services of the City of Fort Worth's Public Safety Radio
System at No Cost to the City of Fort Worth (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Amendment to a
Communications System Agreement with the City of Watauga for expanded services of the City of
Fort Worth's Public Safety Radio System.
DISCUSSION:
In 2014, the City of Fort Worth (City) executed a Communications System Agreements with the
City of Watauga (Watauga) to utilize Fort Worth's public safety radio communications system.
Watauga has requested the use of expanded services of the system to enable selected users to
communicate over the radio system through the use of smart devices, such as smartphones,
tablets and workstations. Watauga will be responsible for acquiring and maintaining necessary
licensing from the system manufacturer. Watauga will also pay fees to the City for accessing this
service. Annual revenue is estimated to be approximately $2,808.00.
This contract will be with a governmental entity, state agency or public institution of higher
education: (City of Watauga).
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that Information Technology Solutions Department and the
Financial Management Services Department have the responsibility to collect funds due to the City
under this Agreement. Annual revenue is estimated to be approximately $2,808.00.
LQ _
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Reference
2)
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Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year I (Chartfield 2)
Submitted for City Manager's Office bv: Susan Alanis (8180)
Originating Department Head: Kevin Gunn (2015)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26199&councildate=8/28/2018[9/4/2018 8:27:46 AM]
Review
Additional Information Contact: Ron Burke (2655)
Alan Girton (8484)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26199&councildate=8/28/2018[9/4/2018 8:27:46 AM]