HomeMy WebLinkAboutContract 51249-A1 CITY SECRETARY
CONTRACT NO. 51a4g-A-k
FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 51249
This First Amendment to Fort Worth City Secretary Contract No. 51249 ("First
Amendment") is made between the City of Fort Worth ("FORT WORTH" or "CFW"), acting
herein by and through its duly authorized Assistant City Manager and the City of Saginaw,
("SAGINAW" or"USER") acting herein through its duly authorized City Manager.
WHEREAS, FORT WORTH and USER entered into an Agreement identified as Fort
Worth City Secretary Contract No. 51249 beginning September 13, 2018 (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 SAGINAW 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 the through their duly authorized representatives,enter 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.
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First Amendment to Fort Worth City Secretary Contract No. 51249 Page I of 6
Executed effective as of the date signed by the FORT WORTH Assistant City Manager below.
APPROVED FOR APPROVED FOR
CITY OF FORT W RTH: CITY OF SAGINAW:
By: y
Kevin Gunn
Assistan Ci y Manager
Date: L /O ZOZa Date: l
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:
Alan Girton
Senior IT Manager
APPROVED AS TO FORM
AND LEGALITY:
By: �.
J Strong
Assistant City ttorney
ATTEST: t'
By: * _
ary J. k46r
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City Secretary s 2 •���' `•
Contract Authorization:
M&C: ab--0040
Date Approved: a8 Oar
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FT. WORD"',
First Amendment to Fort Worth City Secretary Contract No. 51249 Page 2 of 6
EXHIBIT B
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
"Backup Device" shall mean a smart device to be used to access the Radio System only when the
USER employee's assigned radio subscriber unit is not available. A USER employee's backup
device must not access the radio system simultaneously with the employee's assigned radio
subscriber unit.
"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.
First Amendment to Fort Worth City Secretary Contract No. 51249 Page 3 of 6
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.
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
and radio system talk groups 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 agrees to assign designated smart devices as backup devices to specific radio
subscriber units. If CFW, at its sole discretion, determines the smart device is being used for
purposes other than as a backup device, USER will be charged the rate applicable to WAVE full
subscribers in effect at that time for the remainder of the CFW fiscal year.
9. Chat channels may not be programmed on backup devices.
10. 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.
11. 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.
First Amendment to Fort Worth City Secretary Contract No. 51249 Page 4 of 6
12. 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.
13. 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
14. USER shall pay the CFW an annual Infrastructure Support Fee in the amount of$8
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.
15. 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.
16. 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
17. The USER shall comply with all current and future Federal, State, and Local laws,
Ordinances, and Mandates, including Federal Communications Commission rules and regulations
First Amendment to Fort Worth City Secretary Contract No. 51249 Page 5 of 6
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. 51249 Page 6 of 6
M&C Review Page 1 of 1
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoR7 WO RTII
REFERENCE **M&C 20- 04CITY OF SAGINAW
DATE: 1/28/2020 NO.: 0040 LOG NAME: COMMUNICATIONS SERVICES
AGREEMENT AMENDMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Amendment to a Communications Services Agreement with
the City of Saginaw 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 Saginaw for expanded services of the City of
Fort Worth's Public Safety Radio System.
DISCUSSION:
In 2018, the City of Fort Worth (City) executed a Communications Services Agreement(CSC 51249)
with the City of Saginaw(Saginaw) to utilize Fort Worth's public safety radio communications system.
Saginaw 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, for backup purposes only. Saginaw will be responsible for acquiring and
maintaining necessary licensing from the system manufacturer. Saginaw will also pay fees to the
City for accessing this service. These expanded services are estimated to generate an additional
$900.00, bringing the total estimated revenue from the City of Saginaw for the Communication
Services Agreement to$52,900.00.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds will be
deposited into the General Fund. The Information Technology Solutions Department(and Financial
Management Services) is responsible for the collection and deposit of funds due to the City and prior
to any expense being incurred, the Information Technology Solutions Department also has the
responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Kevin Gunn (2015)
Originating Department Head: Roger Wright(2230)
Additional Information Contact: Roger Wright(2230)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27609&councildate=1/28/2020 2/6/2020