HomeMy WebLinkAboutContract 53839 CRIY SECRETARY.
CONTRACT NO.
SUBSCRIBER SERVICES AGREEMENT
This SUBSCRIBER SERVICES AGREEMENT (the "Agreement") is made and entered
into by and between the City of Fort Worth("Fort Worth"or"CFW")acting herein by and through
its duly authorized Assistant City Manager, and Southwestern Seminary Police Department]
("USER"), acting herein by and through its duly authorized Chief of Police, Kevin Collins,
individually referred to as a "party," collectively referred to herein as the "parties." The CFW or
Fort Worth shall include all employees, directors, officers, agents, and authorized representatives.
USER shall include all employees, directors, officers, agents, and authorized representatives.
RECITALS
WHEREAS, this Agreement is made under the authority of Sections 791, Texas
Government Code; and
WHEREAS, USER is a private entity that employs or contracts with one or more
companies or individuals to provide security, fire protection, and/or other public-safety type
services; and
WHEREAS, each party finds that the performance of this Agreement is in the common
interest of both parties and that the division of costs fairly compensates the performing party for
the services or functions under this Agreement; and
WHEREAS, each party finds that the performance of this Agreement is in the common
interest of both parties and that the division of costs fairly compensates the performing party for
the services or functions under this Agreement; and
WHEREAS, it is the collective desire of both Fort Worth and USER to allow Fort Worth
to provide USER with installation, maintenance and repair services for wireless communications
components and systems.
NOW THEREFORE, Fort Worth and USER agree as follows:
1. Services. CFW shall install, configure, maintain, and repair the following
equipment: mobile, portable, and fixed two-way radios and other wireless devices, antennas,
speakers, and ancillary equipment, sirens, mobile data computers and related hardware and
cabling, and any other similar or related public safety emergency response equipment. Unless
mutually agreed prior to commencement of work, CFW shall provide primary maintenance
services for the equipment at the CFW IT Solutions radio repair facility(or facilities). The
service shall include the regular inspection of the equipment and any maintenance or repair
necessary to maintain it in good working order. Upon request, CFW shall also install and
remove equipment from vehicles for reuse or disposal. USER shall approve equipment
installation location and configuration prior to commencement of work, and will inspect and
approve installation upon completion.
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Agreement. USER agrees that the CFW shall have access during normal working hours to all
necessary USER facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this section. The CFW shall give USER
reasonable advance notice of intended audits.
8. Assignment. USER shall not have the right to assign or subcontract any of its
duties, obligations or rights under this Agreement without the prior written consent of the CFW,
which such right shall be granted solely at the discretion of the CFW. Any assignment in
violation of this provision shall be void.
9. No Waiver. The failure of either party to insist upon the performance of any
provision or condition of this Agreement or to exercise any right granted herein shall not
constitute a waiver of that party's right to insist upon appropriate performance or to assert any
such right on any future occasion.
10. Governmental Powers/Immunities. It is understood and agreed that by execution
of this Agreement, CFW does not waive or surrender any of its governmental powers or
immunities.
11. Amendments. No amendment to this Agreement shall be binding upon either party
hereto unless such amendment is set forth in writing, dated subsequent to the date of this
Agreement, and signed by both parties.
12. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired.
13. Confidential Information. To the extent permitted by law, USER for itself and its
officers, agents and employees, agrees that it shall treat all information provided to it by the
CFW as confidential ("City Information") and shall not disclose any such information to a third
parry without the prior written approval of the CFW, unless such disclosure is required by law,
rule, regulation, court order, in which event USER shall notify CFW in writing of such
requirement in sufficient time to allow CFW to seek injunctive or other relief to prevent such
disclosure. USER shall store and maintain City Information in a secure manner and shall not
allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any
way. USER shall notify the CFW immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised.
14. Force Majenre. The parties shall exercise their best efforts to meet their
respective duties and obligations hereunder,but shall not be held liable for any delay in or
omission of performance due to force majeure or other causes beyond their reasonable control,
including,but not limited to, compliance with any state or federal law or regulation, acts of God,
acts of omission, fires, strikes, lockouts, national disasters,wars,riots, material or labor
restrictions,transportation problems, existing contractual obligations directly related to the
subject matter of this Agreement, or declaration of a state of disaster or emergency by the
federal, state, county, or City government in accordance with applicable law.
Subscriber Services Agreement Page 3 of 7
20. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together
constitute one and the same instrument.
21. Termination. 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. The CFW, in its sole
discretion, shall have the right to deny USER services under this Agreement and/or the right to
terminate the Agreement immediately if USER fails to make full payment of invoiced fees within
thirty (30) days of the date payment is due.
22. Compliance with Laws. 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.
[SIGNATURE PAGE FOLLOWS]
Subscriber Services Agreement Page 5 of 7
Agreed and Accepted:
CITY OF FORT WORTH: Southwestern Campus Police Dept.:
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By:
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Name:—Kevin Collins
Assistant City Manager Title:_Chief of Police
Date: -� - Date: D 91=
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that 1 am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
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By:
Name:_Alan CTiilni�
Title: SQuior IT Manages
APP O'f`D TOW APPROVED TO LEGALITY:
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By:
7.B, Strong Name:
Assistant City Attorney Title:
ATTE ATTEST:
By: ' - By:
ary J. Kayser . Name:
Name-
it Secretary a Title:
Form 1295:
Contract Authorization:
M&C:
Date Approved: LDFRC�W RECORDECRETARY,
Subscriber Services Agreement Page 6 of 7
ACCEPTED AND AGREED:
APPROVAL RECOMMENDED:
By:
Name: Roger Wright
Title: Interim IT Solutions Director
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RECORD
CRETARY
EXHIBIT A
FEE SCHEDULE
Time And Materials Services
Covered Services:
• Mobile Radio Installation
• Mobile Computer Installation
• Radio Repair(Mobile and Portable)
• Base Station Radio Repair
• Radio Template Development
• Radio Code Plug Development
• Radio Programming
• Other Services As Agreed
Applicable Rates:
Labor
1. $69.00 per hour for work performed during regular business hours (Monday through
Friday from 7:30 AM to 6:00 PM except CFW holidays).
2. $103.50 per hour(with a two-hour minimum) for work performed outside regular
business hours when User requests work to be performed during these hours.
3. A per-visit trip charge of$34.50 if User requests work to be performed at a site other
than the Fort Worth Radio Services site. Labor rate will be charged beginning with
technician's arrival to User site.
Parts and Services
1. Parts and supplies used in the performance of maintenance and repair services will be
billed at the vendor's invoiced cost to the City plus 10%.
2. Services from third-parties (such as Motorola repair depot) will be billed at the
vendor's invoiced cost to the City plus 10%.
Flat Rate Services
Covered Services:
Radio Tuning and Alignment (work performed at Fort Worth Radio Services site
only)
Applicable Rates:
I. $34.50 per radio for units delivered by User to the Fort Worth Radio Services site.
2. $69.00 per mobile radio removed and reinstalled in User vehicles. Vehicle must be
delivered by User to the Fort Worth Radio Services site.
3. A trip charge of$69.00 if the User requests Fort Worth Radio Services staff to pick up
and deliver radios to User site.
Subscriber Services Agreement Page 7 of 7
M&C Review Page I of 2
Official site of the City of Fort Worth,Texas
CM COMM /�WEHDA
DEFERENCE **M&C 20- 04SOUTHWEST BAPTIST
DATE: 4/7/2020 NO.: 0208 LOG NAME: THEOLOGICAL SEMINARY
RADIO SUBSCRIBER SERV
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Radio Subscriber Services Agreement with the Southwest
Baptist Theological Seminary for the Provision of Two-Way Radio Support Services at No
Cost to the City of Fort Worth (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Radio Subscriber Services
Agreement with the Southwest Baptist Theological Seminary for the provision of two-way radio
support services at no cost to the City of Fort Worth.
DISCUSSION:
The City of Fort Worth (City) maintains Agreements with other public safety agencies in North Central
Texas to provide access to its Public Safety Communications System. Some agencies have
expressed interest in having the City extend its support to the programming, repair and maintenance
of their two-way radios and other hardware and software used to access the City's Public Safety
Communications System.
In February 2020, the Southwest Baptist Theological Seminary (SWBTS) approved a Radio
Subscriber Services Agreement for its Police Department. Under this agreement, the City will install,
configure, maintain and repair certain public safety emergency response equipment. SWBTS will
reimburse the City for all labor and material costs associated with these services. The City's
performance of these additional services will not impact its ability to meet City department
requirements. It will, however, provide additional external revenues to help support the Public Safety
Communications System. It will also ensure that the equipment supporting the users of the City's
radio system is operating within manufacturer specifications, which is a critical requirement of the
digital technology used with the City's communications system. Annual fees are estimated to total
approximately $5,000.00.
FISCAL INFORMATIONXERTIFICATION:
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.
TO
Fund Department Account Project Program Activity Budget I Reference# Amount
ID ID Year __(Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2L
Submitted for City Manager's Office by: Kevin Gunn (2015)
Originating Department Head:
http://apps.cfwnet.org/council_packet/mc review.asp?ID=27777&councildate- 4n/202O 4/16/2020