HomeMy WebLinkAboutContract 54746 DTN Kcc-F, VW ZSS7 y'L
CSC No.54746
AMENDMENT NO. 1 TO
AGREEMENT BETWEEN
CITY OF FORT WORTH AND DTN, LLC
This Amendment is entered into by and between the City of Fort Worth (hereafter
"Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort
Worth, Texas, and DTN,LLC ("Vendor"),Buyer and Vendor may be referred to individually as
a Party and collectively as the Parties.
WHEREAS, on Oct 26,2020, 2020, the Parties entered into an agreement to provide
weather forecasting services ("Agreement/Contract");
WHEREAS,the Parties wish to amend certain terms and provisions of the Agreement
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
Section 8(a)of Vendor's Terms of Service entitled"Term and Termination" is hereby amended to
read as follows:
a. Term. This Agreement commences on the effective date and continues until terminated in
accordance with the terms set forth herein. Unless otherwise specified on the applicable
Order, the Term of each Order shall commence on the effective date specified therein
("Contract Start Date") and continue for a period of one (1) year and, thereafter, shall
terminate automatically.
Section 9 of Vendor's Terms of Service entitled "Indemnification" is hereby struck in its entirety
and shall not be applicable between the parties
Section I I(a) of Vendor's Terms of Service entitled "Choice of Law and Prevailing Party" is
hereby amended to read as follows:
a. Choice of Law and Venue; Prevailing Party. This Agreement is and shall be construed and
enforced solely in accordance with the laws of the United States of America and of the
State of Texas, U.S.A. without regard to its conflict-of-laws provisions, and the Parties
agree that in any dispute exclusive jurisdiction and venue must be in the state and federal
courts in the State of Texas, U.S.A. The Parties mutually acknowledge and agree that they
will not raise, and hereby waive, any defenses based upon venue, inconvenience of forum
or lack of personal jurisdiction in any action or suit brought in accordance with this
provision. The Parties acknowledge and agree that neither the Uniform Computer
Information Transactions Act nor the United Nations Convention for the International Sale
of Goods shall apply to this Agreement.
2.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Agreement which are not expressly amended herein shall
remain in full force and effect.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX 'V+
3.
ELECTRONIC SIGNATURE
This Amendment may be executed in multiple counterparts, each of which shall be
an original and all of which shall constitute one and the same instrument.A facsimile copy
or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall
have the same effect as an original.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
By. Valerie Renee Wash ington(Oct 26,202014:53CDT) responsible for the monitoring and administration
Name: Valerie Washington of this contract,including ensuring all
Title: Assistant City Manager performance and reporting requirements.
Date: Oct 26,2020 L79ftr,�(X
By: Justin Cox(Oct 26,202009:54 CDT)
APPROVAL RECOMMENDED: Name: Justin Cox
Title: Grant Manager
By: JWs Davis(Oct 26,202011:32 CDT APPROVED AS TO FORM AND LEGALITY:
Name: James E. Davis 44o�an
Title: Fire Chief o FORT00 �
a o�-+d By.
ATTEST: _ Name: Taylor Paris
a o o
a°� rEXA5o4p Title: Assistant City Attorney
bbaoab
for Ronald P. Gonzales
By: for Ronald P.Gonzales(Oct 26,2020 15:09 CDT) CONTRACT AUTHORIZATION:
Name: Mary J. Kayser M&C: N/A
Title: City Secretary 1295:N/A
VENDOR:
DTN, LLC ATTEST:
11400 RUPP DRIVE
B[JRN ILLL-', N 55337
By:
BY Name: (TL!/UN/��til�E Name: David Howe Title:
Title: Contract Manager
Date:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
BAN DARD ORDER FORM DTn
Choose a legal entity:
DTN, LLC www.dtn.com
DTN USE ONLY
Customer# 2557842 1 Industry I Public Safety Sales Agent SCarstens Date 12/10/2020 SF Opp. ID 1 100924027
Customer Information* Billing Information ❑ *Same as Customer Info
Company Name City of Fort Worth Company Name
Street Address 200 Texas Street Street Address
City, County, Post Code,Country Ft. Worth, TX 76102 City,County, Post Code, Country
Contact Name/Job Title Amanda Everly Contact Name/Job Title
Phone Number 817-392-2835 Phone Number
Email Address Amanda.everly@fortworthtexas.gov Email Address
Shipping/Delivery Address ❑■ *Same as Customer Info Tax ID(VAT): COC:
Company Name Purchase Order#: Yes ❑ No ❑
Street Address Monthly Q Quarterly Q Annually Q
City,County, Post Code, Country Billing Frequency: Bi-annually Q Immediate Q Project Q
Contract Start Date: Order Renews Automatically:Yes Q No Q
Initial Term: 1 Year Billing Term: Advance Currency: USD
Special Instructions One-Time Charges(DTN Services and Equipment)
Waive $ 199 if order form returned by Details Delivery Date Quantity Rate
10/30/2020*
See also Ammendment from City of Ft Worth.
Nonstandard Invoicing Instructions Yes** Q No Q
Delivery Instructions Yes** Q No Q
**Please complete Exhibit A
DTN Services and Equipment Service Start Date Quantity Annual Fee
Enterprise 5 WeatherSentry Platinum ONLINE 5 $336.82/mn $4041.90
(1 WPOP)
25 Smart phone apps (SPPLT) 25 No charge $ no charge
This Order Form shall be governed by the terms of service located at www.dtn.com/tos,and by
signing below you expressly acknowledge and agree to the DTN terms of service on behalf of the Total Annual Fee $ 4041.80
Customer named above.The details ofthe processing of personal data by DTN is set out in our
privacywhich is located at hftDs://www.dtn.com/Drivacv-Dolicv/.
Customer Signature—Please sign and date below: Total One-Time Charges 4 $ 1 99*
Valerie Rene wagton(octz5,zozo1a:53cUr) Shipping,Other Fee 4
11400 Rupp Drive, Burnsville, MN 55337, USA
DTnO
September 15,2020
City of Fort Worth
Attn: Amanda Everly
This letter intends to show that DTN has unique, proprietary capabilities designed in their WeatherSentry service that
are unavailable through other vendors,thereby making DTN the sole provider of these services. The delivery of the
WeatherSentry will require no IT resources or support and will work with existing equipment owned by the customer.
WeatherSentry will provide the following unique capabilities.
PrecipTimer
DTN has been awarded patent(#6,980,908)through the United States Patent Office for the capability to forecast the
start and stop times of precipitation to specific geographic locations. This unique, capability is available from no other
source. WeatherSentry gives the user the capability to monitor specific locations,which are set by the customer
using integrated GPS technology.Once defined,the PrecipTimer capability will automatically monitor those locations
for the detection of any precipitation, rain, snow or ice. PrecipTimer will then calculate a start and stop time of the
precipitation for each location independently. This will provide the user the necessary information they need to make
an informed decision. No other weather system can provide this capability in real-time with continuous 5-minute
updates.
GIS Based Weather Alert Notifications
The WeatherSentry ONLINE service uses technology developed by DTN that was awarded patent(#6,753,784). DTN
has engineered an innovative merge of GIS technology with geo-referenced weather information resulting in an
automated, location based alerting service. The WeatherSentry service can provide weather alerts for snow, ice,
severe weather, precipitation timing and much more with the capability to deliver all bulletins to multiple people and
multiple wireless devices at the same time. Additionally,the service will allow you the ability to customize the
weather thresholds for which they are alerted to.
Additionally, DTN is able to deliver these capabilities on dual,delivery platforms,satellite and Internet. No other
providers can match this redundancy which can be extremely important during significant events such as a snow or
ice storm.
In summary,the WeatherSentry provides customized, unique services and capabilities that cannot be found from
other services.
Best regards,
Sherri Carstens—Senior Weather Consultant—DTN
9110 West Dodge Road
Omaha, NE 68114
402.881.2160(cell)
DTn
QUOTE FOR SERVICES
TO: City of Fort Worth DATE: September 14, 2020
Attn: Amanda Everly Quote expires 30 days
200 Texas Street DTN REP: Sherri Carstens 402-255-8147
Ft. Worth, TX 76102 DTN EMAIL: sherri.carstens()-dtn.com;
Phone: 817-392-2835 DTN ACCT: 2557842
Email:Amanda.everly@fortworthtexas.gov
ITEMIZED DESCRIPTION
WeatherSentry ONLINE Platinum Public Safety edition— (each user
id/password contains) same as product trialing
• Real time radar and Future radar(90 min into future)
• National Weather Service alerts Enterprise package of
• Satellite—infrared and visiblle 5 users plus 25 smart
• Real time 100-mile lightning manager information with customized zones of notification and
countdown timer which tells you minutes when out of the area. phone apps no
• Lightning refreshes automatically. charge:
• Cloud to Cloud and Cloud to Ground lightning notifications with strike age. $336.82/month
• Storm corridors-Corridors are color-coded based on the type of activity detected in the storm ($67.36 each/month)
cell by US NEXRAD radar
• Briefing page-24/7/365 ask questions get answered by our Meteorologists within 5-15 $4,041.90/annual
minutes.
• Weather Ops Alerting—focuses on business operation needs through forecaster generated
outlooks,watches&warnings from DTN Mets. Usually couple days in advance of NWS.
• ETA on cities in path of storms and minutes when it will reach location.
• Smart phone application with roaming,contains all the same features of the online/browser
including the real time lightning.
• Daily Planner—Include daily summaries, detailed hourly forecasts, contain warning triggers to
visually see times of threat and provide-graphs of the forecasted weather conditions. $233.60/month
• Alert Manager and WINS(Weather Information Notifications)to unlimited recipients via email $2803.20 annual
or cell. Ability to peg alerts back to all locations or separate.
• Unlimited recipients to add email or cell phone weather alert notifications. (tap on the 2 users:
shoulder) $327.04/month
• Custom alerting up to 100 characters in addition to standard text/email message. $3924.48/annual
• Hour x Hour forecast with temperature,feels like, includes wet bulb globe temperature alerts.
Wind speed/gusts,wind direction precipitation chance, precipitation amount.
• 15-day forecast Additional smart phone
• Elemental Current observed Layers: Temperature,Wind Speed&Direction, Dew Point, apps-$ 8.00/month
Relative Humidity,Wind speeds,direction,feels like, precipitation change percent, $96.00 annual
precipitation type, precipitation amount(rain/snow)
• Tropical Storm: Hurricane Track,Wind speed, Rainfall Amount,Wave Height, Storm Surge
• Six(6)Locations of concern that you can add/delete.