HomeMy WebLinkAboutContract 54773 CSC No. 54773
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE
This Cooperative Purchase ("Coop Purchase") reflects the agreement between the City of
Fort Worth, ("City"), a Texas home rule municipal corporation and DigitalMarkets, Inc. d/b/a
Vista Com, a Texas Corporation ("Vendor") to purchase voice recording software and related
hardware and services under a cooperative agreement.
The Coop Purchase includes the following documents (collectively, Cooperative
Documents")which shall be construed in the order of precedence in which they are listed:
1. Schedule A—Fort Worth Terms and Conditions ("Fort Worth Agreement");
2. Schedule B—HGAC Contract No. RP07-20 ("Cooperative Contract");
3. Schedule C — Eventide Recorder Quote, Motorola ASI Proposal, and Scope of
Work ("Scope of Work"); and
4. Schedule D—Network Access Agreement
All the Schedules which are attached hereto and incorporated herein are made a part of this
Coop Purchase for all purposes. In the event of a conflict between the Fort Worth Agreement, the
Quote and/or the Cooperative Contract, then the Fort Worth Agreement shall control over both,
but only to the extent allowable under the Cooperative Contract.
The Parties agree that,in the event that this Cooperative Contract expires or is not renewed,
and the Vendor is awarded a new Cooperative Contract with substantially similar terms,the Coop
Purchase will be amended to reflect the new Cooperative Contract Number.
The maximum amount to be paid to the Vendor for all services performed and goods
purchased hereunder shall not exceed Two Hundred Fifty-Seven Thousand,Five Hundred Ninety-
Three Dollars and 0/100 ($257,593.00) for the initial purchase and implementation. Annual
Maintenance and Mandatory Fees will be paid in accordance with Schedule C will be paid on an
annual basis thereafter.
The Coop Purchase shall become effective upon the signing of the Coop Purchase by an
Assistant City Manager of the City (the "Effective Date") and shall expire one (1) year after the
Effective Date (the Expiration Date"), unless terminated earlier in accordance with the provisions
of the Agreement or otherwise extended by the parties. The Coop Purchase may be renewed for
an unlimited number of renewals at the mutual agreement of the parties, each a"Renewal Term."
City shall provide Vendor with written notice of its intent to renew at least thirty (30) days prior
to the end of each term.
The undersigned represents and warrants that he or she has the power and authority to
execute this Coop Purchase and the Cooperative Documents and bind the Vendor. OFFICIAL RECORD
(signature page follows) CITY SECRETARY
FT. WORTH, TX
Cooperative Purchase
Page 1 of 50
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
By: Valerie Washington(Nov 2,202010:30 CST) ensuring all performance and reporting
Name: Valerie Washington requirements.
Title: Assistant City Manager
Date: Nov 2,2020
By: Leah M.H (Oct 21,202017:08 CDT)
Approval Recommended: Name: Leah Huff
Title: Sr. IT Solutions Manager
K Approved as to Form and Legality:
By:
Name: Kevin Gunn
Title: Director, IT Solutions TB Stroh
44��nnnb By: JB Strong(Nov ,202016:12 CST)
Attest: �O FORT o�a°o Name: John B. Strong
P~o �'=a Title: Assistant City Attorney
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U � U d�d�n EXA`�oa� Contract Authorization:
By: °nap44 M&C: 20-0741
Name: Mary J. Kayser Approval Date: 10/20/2020
Title: City Secretary 1295 Form: 2020-638786
VENDOR:
DigitalMarkets, Inc. d/b/a Vista Com
B i
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Y• L_--
Name: Mark Bender
Title: General Manager
Date: 19 Oct 2020
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Cooperative Purchase
Page 2 of 50
FORT WORTH.
1. Termination.
1.1. Convenience.Either the City or Vendor may terminate this Agreement at any time
and for any reason by providing the other party with 30 days written notice of termination.
1.2. Breach. If either party commits a material breach of this Agreement, the non-
breaching Party must give written notice to the breaching party that describes the breach in
reasonable detail. The breaching party must cure the breach ten(10)calendar days after receipt of
notice from the non-breaching party,or other time frame as agreed to by the parties.If the breaching
party fails to cure the breach within the stated period of time, the non-breaching party may, in its
sole discretion, and without prejudice to any other right under this Agreement, law, or equity,
immediately terminate this Agreement by giving written notice to the breaching party.
1.3. Fiscal Funding Out.In the event no funds or insufficient funds are appropriated by
the City in any fiscal period for any payments due hereunder,the City will notify Vendor of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever,except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
1.4. Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date,the City shall pay Vendor for services actually rendered up
to the effective date of termination and Vendor shall continue to provide the City with services
requested by the City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason,Vendor shall provide the City with copies of
all completed or partially completed documents prepared under this Agreement. In the event
Vendor has received access to City information or data as a requirement to perform services
hereunder, Vendor shall return all City provided data to the City in a machine readable format or
other format deemed acceptable to the City.
2. Disclosure of Conflicts and Confidential Information.
2.1. Disclosure of Conflicts.Vendor hereby warrants to the City that Vendor has made
full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to the City in writing.
2.2. Confidential Information. The City acknowledges that Vendor may use products,
materials, or methodologies proprietary to Vendor. The City agrees that Vendor's provision of
services under this Agreement shall not be grounds for the City to have or obtain any rights in such
proprietary products, materials, or methodologies unless the parties have executed a separate
written agreement with respect thereto. Vendor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by the City ("City Information") as
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confidential and shall not disclose any such information to a third party without the prior written
approval of the City.
2.3. Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
2.4. Unauthorized Access.Vendor 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.Vendor shall notify the City immediately if the security or integrity of any
City information has been compromised or is believed to have been compromised,in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with the City to protect such information from further unauthorized disclosure.
3. Right to Audit.
3.1. Vendor agrees that the City shall,until the expiration of three (3)years after final
payment under this Agreement, have access to and the right to examine at reasonable times any
directly pertinent books, documents, papers and records of the Vendor involving transactions
relating to this Agreement at no additional cost to the City.Vendor agrees that the City shall have
access during normal working hours to all necessary Vendor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the provisions
of this section. The City shall give Vendor not less than 10 days written notice of any intended
audits.
3.2. Vendor further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall,until expiration of three(3)
years after final payment of the subcontract,have access to and the right to examine at reasonable
times any directly pertinent books,documents,papers and records of such subcontractor involving
transactions related to the subcontract, and further that City shall have access during normal
working hours to all subcontractor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this paragraph.City shall give
subcontractor not less than 10 days written notice of any intended audits.
4. Independent Contractor. It is expressly understood and agreed that Vendor shall
operate as an independent contractor as to all rights and privileges granted herein,and not as agent,
representative or employee of the City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers,agents,
servants, employees, contractors and subcontractors. Vendor acknowledges that the doctrine of
respondeat superior shall not apply as between the City, its officers, agents, servants and
employees, and Vendor, its officers, agents, employees, servants, contractors and subcontractors.
Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Vendor. It is further understood that the City shall in no way be
considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants,
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employees or subcontractors of Vendor. Neither Vendor, nor any officers, agents, servants,
employees or subcontractors of Vendor shall be entitled to any employment benefits from the City.
Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of
itself,and any of its officers, agents,servants, employees or subcontractors.
5. LIABILITY AND INDEMNIFICATION.
5.1. LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER,WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE
NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
5.2. INDEMNIFICATION -VENDOR HEREBY COVENANTS AND AGREES
TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO VENDOR'S BUSINESS, AND ANY RESULTING LOST
PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,
AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,TO THE EXTENT
CAUSED BY THE ACTS OR OMISSIONS OF VENDOR, ITS OFFICERS, AGENTS,
SUBCONTRACTORS, SERVANTS OR EMPLOYEES.
5.3. INTELLECTUAL PROPERTY INFRINGEMENT.
5.3.1. The Vendor warrants that all Deliverables, or any part thereof,
furnished hereunder, including but not limited to: programs, documentation,
software, analyses, applications, methods, ways, and processes (in this Section 8C
each individually referred to as a "Deliverable" and collectively as the
"Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks,
service marks, trade secrets, or any intellectual property rights or other third party
proprietary rights,in the performance of services under this Agreement.
5.3.2. Vendor shall be liable and responsible for any and all claims made
against the City for infringement of any patent,copyright,trademark, service mark,
trade secret, or other intellectual property rights by the use of or supplying of any
Deliverable(s)in the course of performance or completion of,or in any way connected
with providing the services, or the City's continued use of the Deliverable(s)
hereunder.
5.3.3. Vendor agrees to indemnify,defend,settle,or pay,at its own cost and
expense,including the payment of attorney's fees,any claim or action against the City
for infringement of any patent,copyright,trade mark,service mark,trade secret,or
other intellectual property right arising from City's use of the Deliverable(s), or any
part thereof, in accordance with this Agreement, it being understood that this
agreement to indemnify, defend, settle or pay shall not apply if the City modifies or
misuses the Deliverable(s). So long as Vendor bears the cost and expense of payment
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for claims or actions against the City pursuant to this section 8,Vendor shall have the
right to conduct the defense of any such claim or action and all negotiations for its
settlement or compromise and to settle or compromise any such claim; however,City
shall have the right to fully participate in any and all such settlement,negotiations,or
lawsuit as necessary to protect the City's interest, and City agrees to cooperate with
Vendor in doing so.In the event City,for whatever reason,assumes the responsibility
for payment of costs and expenses for any claim or action brought against the City
for infringement arising under this Agreement, the City shall have the sole right to
conduct the defense of any such claim or action and all negotiations for its settlement
or compromise and to settle or compromise any such claim; however, Vendor shall
fully participate and cooperate with the City in defense of such claim or action. City
agrees to give Vendor timely written notice of any such claim or action, with copies
of all papers City may receive relating thereto. Notwithstanding the foregoing, the
City's assumption of payment of costs or expenses shall not eliminate Vendor's duty
to indemnify the City under this Agreement.If the Deliverable(s),or any part thereof,
is held to infringe and the use thereof is enjoined or restrained or, if as a result of a
settlement or compromise, such use is materially adversely restricted, Vendor shall,
at its own expense and as City's sole remedy,either: (a)procure for City the right to
continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it
non-infringing,provided that such modification does not materially adversely affect
City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with
equally suitable, compatible, and functionally equivalent non-infringing
Deliverable(s) at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor,terminate this Agreement,and refund
all amounts paid to Vendor by the City, subsequent to which termination City may
seek any and all remedies available to City under law. VENDOR'S OBLIGATIONS
HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE
COVERAGE AND AMOUNTS SET FORTH IN SECTION 10 OF THIS
AGREEMENT.
6. Assignment and Subcontracting.
6.1. Vendor shall not assign or subcontract any of its duties,obligations or rights under
this Agreement without the prior written consent of the City. If the City grants consent to an
assignment, the assignee shall execute a written agreement with the City and the Vendor under
which the assignee agrees to be bound by the duties and obligations of Vendor under this
Agreement.The Vendor and assignee shall be jointly liable for all obligations under this Agreement
prior to the assignment. If the City grants consent to a subcontract,the subcontractor shall execute
a written agreement with the Vendor referencing this Agreement under which the subcontractor
shall agree to be bound by the duties and obligations of the Vendor under this Agreement as such
duties and obligations may apply. The Vendor shall provide the City with a fully executed copy of
any such subcontract.
6.2. MBE Goal—Intentionally Omitted
7. Insurance.
7.1. The Vendor shall carry the following insurance coverage with a company that is
licensed to do business in Texas or otherwise approved by the City:
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7.1.1. Commercial General Liability:
7.1.1.1. Combined limit of not less than $2,000,000 per occurrence;
$4,000,000 aggregate; or
7.1.1.2. Combined limit of not less than $1,000,000 per occurrence;
$2,000,000 aggregate and Umbrella Coverage in the amount of $4,000,000.
Umbrella policy shall contain a follow-form provision and shall include coverage
for personal and advertising injury.
7.1.1.3. Defense costs shall be outside the limits of liability.
7.1.2. Automobile Liability Insurance covering any vehicle used in providing
services under this Agreement, including owned, non-owned, or hired vehicles, with a
combined limit of not less than $1,000,000 per occurrence.
7.1.3. Professional Liability (Errors & Omissions) in the amount of$1,000,000
per claim and$1,000,000 aggregate limit.
7.1.4. Statutory Workers' Compensation and Employers' Liability Insurance
requirements per the amount required by statute.
7.1.5. Technology Liability(Errors&Omissions)
7.1.5.1. Combined limit of not less than $2,000,000 per occurrence;
$4million aggregate or
7.1.5.2. Combined limit of not less than $1,000,000 per occurrence;
$2,000,000 aggregate and Umbrella Coverage in the amount of $4,000,000.
Umbrella policy shall contain a follow-form provision and shall include coverage
for personal and advertising injury. The umbrella policy shall cover amounts for
any claims not covered by the primary Technology Liability policy.Defense costs
shall be outside the limits of liability.
7.1.5.3. Coverage shall include,but not be limited to,the following:
7.1.5.3.1. Failure to prevent unauthorized access;
7.1.5.3.2. Unauthorized disclosure of information;
7.1.5.3.3. Implantation of malicious code or computer
virus;
7.1.5.3.4. Fraud, Dishonest or Intentional Acts with final
adjudication language;
7.1.5.3.5. Intellectual Property Infringement coverage,
specifically including coverage for intellectual property infringement
claims and for indemnification and legal defense of any claims of
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intellectual property infringement, including infringement of patent,
copyright, trade mark or trade secret, brought against the City for use of
Deliverables, Software or Services provided by Vendor under this
Agreement;
7.1.5.3.6. Technology coverage may be provided through
an endorsement to the Commercial General Liability (CGL) policy, a
separate policy specific to Technology E&O, or an umbrella policy that
picks up coverage after primary coverage is exhausted. Either is
acceptable if coverage meets all other requirements. Technology coverage
shall be written to indicate that legal costs and fees are considered outside
of the policy limits and shall not erode limits of liability. Any deductible
will be the sole responsibility of the Vendor and may not exceed$50,000
without the written approval of the City. Coverage shall be claims-made,
with a retroactive or prior acts date that is on or before the effective date
of this Agreement. Coverage shall be maintained for the duration of the
contractual agreement and for two (2) years following completion of
services provided. An annual certificate of insurance,or a full copy of the
policy if requested, shall be submitted to the City to evidence coverage;
and
7.1.5.3.7. Any other insurance as reasonably requested by
City.
7.2. General Insurance Requirements:
7.2.1. All applicable policies shall name the City as an additional insured
thereon, as its interests may appear. The term City shall include its employees, officers,
officials, agents,and volunteers in respect to the contracted services.
7.2.2. The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery)in favor of the City of Fort Worth.
7.2.3. A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to the City. Ten(10)days' notice shall be acceptable
in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City
of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City
Attorney at the same address.
7.2.4. The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A-VII in the
current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that required,
written approval of Risk Management is required.
7.2.5. Any failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
7.2.6. Certificates of Insurance evidencing that the Vendor has obtained all
required insurance shall be delivered to and approved by the City's Risk Management
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Division prior to execution of this Agreement.
8. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees to comply with
all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately
desist from and correct the violation.
9. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subcontractors and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder,it shall not discriminate in the treatment
or employment of any individual or group of individuals on any basis prohibited by law. If any
claim arises from an alleged violation of this non-discrimination covenant by Vendor, its personal
representatives, assigns, subcontractors or successors in interest, Vendor agrees to assume such
liability and to indemnify and defend the City and hold the City harmless from such claim.
10. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its
agents, employees, servants or representatives, (2) delivered by facsimile with electronic
confirmation of the transmission, or (3) received by the other party by United States Mail,
registered,return receipt requested, addressed as follows:
TO THE CITY: TO VENDOR:
City of Fort Worth DigitalMarkets,Inc d/b/a Vista Com
Attn: Assistant City Manager Attn: Robin Clevenger
200 Texas Street Address: 9824 Whithorn Dr.
Fort Worth TX 76102 Houston, TX 77095
Facsimile: (817)392-6134
With Copy to the City Attorney
at same address
11. Solicitation of Employees. Neither the City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment
or employ, whether as employee or independent contractor, any person who is or has been
employed by the other during the term of this Agreement,without the prior written consent of the
person's employer. This provision shall not apply to an employee who responds to a general
solicitation or advertisement of employment by either party.
12. Governmental Powers. It is understood and agreed that by execution of this Agreement,
the City does not waive or surrender any of its governmental powers.
13. No Waiver. The failure of the City or Vendor to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver
of the City's or Vendor's respective right to insist upon appropriate performance or to assert any
such right on any future occasion.
14. Governing Law and Venue. This Agreement shall be construed in accordance with the
laws of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought on
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the basis of this Agreement,venue for such action shall lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas,Fort Worth Division.
15. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity,legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
16. Force Majeure. The City and Vendor shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control (force
majeure),including,but not limited to,compliance with any government law,ordinance or regulation,acts
of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority,transportation problems and/or any other similar causes.
17. Headings Not Controlling. Headings and titles used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
18. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed
this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
19. Amendments. No amendment of this Agreement shall be binding upon a party hereto
unless such amendment is set forth in a written instrument, and duly executed by an authorized
representative of each party.
20. Entirety of Agreement. This Agreement, including any exhibits attached hereto and any
documents incorporated herein by reference, contains the entire understanding and agreement
between the City and Vendor,their assigns and successors in interest,as to the matters contained
herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void
to the extent in conflict with any provision of this Agreement.
21. 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. An executed Agreement, modification, amendment, or
separate signature page shall constitute a duplicate if it is transmitted through electronic means,
such as fax or e-mail, and reflects the signing of the document by any party. Duplicates are valid
and binding even if an original paper document bearing each party's original signature is not
delivered.
22. Warranty of Services. Vendor warrants that its services will be of a professional quality
and conform to generally prevailing industry standards. City must give written notice of any breach
of this warranty within thirty(30)days from the date that the services are completed. In such event,
at Vendor's option, Vendor shall either(a) use commercially reasonable efforts to re-perform the
services in a manner that conforms with the warranty, or (b) refund the fees paid by the City to
Vendor for the nonconforming services.
23. Network Access.
23.1. City Network Access. If Vendor, and/or any of its employees, officers, agents,
servants or subcontractors(for purposes of this section"Vendor Personnel"),requires access to the
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City's computer network in order to provide the services herein,Vendor shall execute and comply
a Network Access Agreement.
23.2. Federal Law Enforcement Database Access. If Vendor, or any Vendor Personnel,
requires access to any federal law enforcement database or any federal criminal history record
information system, including but not limited to Fingerprint Identification Records System
("FIRS"),Interstate Identification Index System("III System"),National Crime Information Center
("NCIC") or National Fingerprint File ("NFF"), or Texas Law Enforcement Telecommunications
Systems ("TLETS"), that is governed by and/or defined in Title 28, Code of Federal Regulations
Part 20 ("CFR Part 20"), for the purpose of providing services for the administration of criminal
justice as defined therein on behalf of the City or the Fort Worth Police Department, under this
Agreement, Vendor shall comply with the Criminal Justice Information Services Security Policy
and CFR Part 20, as amended, and shall separately execute the Federal Bureau of Investigation
Criminal Justice Information Services Security Addendum.No changes,modifications,alterations,
or amendments shall be made to the Security Addendum. The document must be executed as is,
and as approved by the Texas Department of Public Safety and the United States Attorney General.
24. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement,including completing the Employment
Eligibility Verification Form(1-9). Upon request by City, Vendor shall provide City with copies
of all 1-9 forms and supporting eligibility documentation for each employee who performs work
under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish
appropriate procedures and controls so that no services will be performed by any Vendor employee
who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY
AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S
EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice
to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
25. Informal Dispute Resolution. Except in the event of termination pursuant to Section 4.2,if
either City or Vendor has a claim,dispute,or other matter in question for breach of duty,obligations,
services rendered or any warranty that arises under this Agreement,the parties shall first attempt to
resolve the matter through this dispute resolution process. The disputing party shall notify the other
party in writing as soon as practicable after discovering the claim,dispute,or breach. The notice shall
state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10)
business days of receipt of the notice,both parties shall commence the resolution process and make a
good faith effort,either through email,mail,phone conference,in person meetings,or other reasonable
means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in
connection with this Agreement. If the parties fail to resolve the dispute within sixty(60)days of the
date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding
mediation in Tarrant County,Texas,upon written consent of authorized representatives of both parties
in accordance with the Industry Arbitration Rules of the American Arbitration Association or other
applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties.
Each party shall be liable for its own expenses,including attorney's fees;however,the parties shall
share equally in the costs of the mediation.If the parties cannot resolve the dispute through mediation,
then either party shall have the right to exercise any and all remedies available under law regarding the
dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in
accordance with this informal dispute resolution process,the parties agree to continue without delay
all of their respective duties and obligations under this Agreement not affected by the dispute.Either
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party may,before or during the exercise of the informal dispute resolution process set forth herein,
apply to a court having jurisdiction for a temporary restraining order or preliminary injunction
where such relief is necessary to protect its interests.
26. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less
than$100,000,this section does not apply.Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor
certifies that Vendor's signature provides written verification to City that Vendor: (1) does not
boycott Israel; and(2) will not boycott Israel during the term of the Agreement.
27. Reporting Requirements.
27.1. For purposes of this section,the words below shall have the following meaning:
27.1.1. Child shall mean a person under the age of 18 years of age.
27.1.2. Child pornography means an image of a child engaging in sexual conduct
or sexual performance as defined by Section 43.25 of the Texas Penal Code.
27.1.3. Computer means an electronic, magnetic, optical, electrochemical, or
other high-speed data processing device that performs logical, arithmetic, or memory
functions by the manipulations of electronic or magnetic impulses and includes all input,
output,processing,storage,or communication facilities that are connected or related to the
device.
27.1.4. Computer technician means an individual who,in the course and scope of
employment or business, installs,repairs, or otherwise services a computer for a fee. This
shall include installation of software,hardware,and maintenance services.
27.2. Reporting Requirement. If Vendor meets the definition of Computer
Technician as defined herein, and while providing services pursuant to this Agreement,
views an image on a computer that is or appears to be child pornography, Vendor shall
immediately report the discovery of the image to the City and to a local or state law
enforcement agency or the Cyber Tip Line at the National Center for Missing and Exploited
Children.The report must include the name and address of the owner or person claiming a
right to possession of the computer,if known,and as permitted by law.Failure by Vendor
to make the report required herein may result in criminal and/or civil penalties.
28. Survival of Provisions. The parties' duties and obligations pursuant to sections related to
Duties and Obligations,Disclosure of Conflicts and Confidential Information,Right to Audit,and
Liability and Indemnification shall survive termination of this Agreement.
Cooperative Purchase
Page 12 of 50
SCHEDULE B
COOPERATIVE CONTRACT
Houston-Galveston Area Council Cooperative Contract
HGAC RP07-20
https://www.h acbuy.org/contracts/documents.aspx?contracted=99
Contract Documents
Record & Playback Systems
RP07-20
11==1
Vendor Documents
A Third Opinion Solutions Corp_
Commercial Electronics Corp.
Digital Market
Eventide Inc.
Exacom,Inc.
Firstline Business Systems,Inc.
Goserco,Inc
HigherGround,Inc_
NICE Systems,Inc_
Quality Recording Solutions
Sanus Systems Inc.dba.Creative Switching Designs
Stancil Corporation
Voice Products,Inc_
Word Systems,Inc.
Record & Playback Systems
Contract Information
Contract Number Effective Dates
RP07-20 07101 J2020 to 0b/3012022
Contract Details
Many equipment configurations,options and accessories are available.Please contact the contractors designated contact to
discuss specific needs and to obtain a written Contract Pricing Worksheet.
DocumentsView Contacts View
Return to Products&Services
Cooperative Purchase
Page 13 of 50
SCHEDULE C
SCOPE OF WORK
Cooperative Purchase
Page 14 of 50
VistaCM
Statement of Work/Payment and Fee Schedule
for The City of Fort Worth Police Department
October 19, 2020
SOW Version 4.0
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Vista COM
Table of Contents
Section 1: Introduction
Section 2: Executive Summary
Section 3: Environment
Section 4: Work Locations and Service Hours
Section S: Project Milestones and Acknowledgement of Services
Section 6: Customer Responsibilities Overview
Section 7: Implementation Teams - Role Definitions
Section 8: Change Control Process
Attachment A: Change Control Form
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Vista CUM
Section 1 : Introduction
This Statement of Work ("SOW") is attached to and made a part of the contract ("Master Agreement") between
The City of Fort Worth Police Department ("Customer") and DigitalMarkets, Inc. ("Vista Com").
This Statement of Work (SOW) outlines the technical solution, services, and deliverables for the implementation of
the Vista Corn recording system within the Customer Environment. In the event of any conflict between the terms
and conditions of this SOW and the Order, additional or conflicting terms in the Order shall control. All capitalized
terms used herein and not otherwise defined shall have the meaning set forth in the Agreement.
Project Name: Eventide Public Safety Recording Implementation
Account Executive: Robin Clevenger
Pre-Sales Engineer: Chris Geiger
Services Scoped By: Chris Geiger
Project Manager: Chris Geiger and Team
SOW Prepared By: Robin Clevenger
Date Prepared: October 19, 2020
Section 2 : Executive Summary
In Project Scope
Upon completion of the Services, Customer will have the following business solution implemented in the Customer
Environment.
A call recording system to record telephony, 9-1-1 events, and radios. All recording systems will archive for
redundancy and provide full replication of recording through hardware. The solution provides for user security
profiles and unified access bridging for single log in.
Below are the identified requirements for the Main and Backup Sites:
Main Site: (1) Eventide Nexlog 740DX voice recorder to record (40) Vesta IP 9-1-1s. (1) VM to record
up to 136 VoIP channels of Cisco BIB, Vesta 9-1-1s and Motorola IP radios. Both systems will have
Media Works user licenses for search of calls, ANI/ALI integration, Enhanced Reports, Geographic
Mapping, Quality, Text to 9-1-1. (2) Screen Recorders - (2) Virtual Machines to record up to a total of
(60) screens. Encryption at rest for all servers.
Backup Site: (1) Eventide Nexlog 740DX voice recorder to record (24) analog channels for misc. radio
signals, (72) VoIP for recording Cisco BIB phones and Vesta 9-1-1s. The recorder will have Media
Works user licenses for search of calls, ANI/ALI integration, Enhanced Reports, Geographic Mapping,
Quality, Text to 9-1-1. Encryption at rest on the recorder.
Network Archive Storage Server: (1) VM to be centrally archiving of calls from the main and
backup sites. Encryption at rest on the recorder.
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Service and Support
Service and support for all hardware, software, services, and operating system upgrades are included
24/7/365. Services and support include onsite service, parts, components, and help desk. Customer
will provide a means for remote access, monitoring, and configuration for Vista. Vista Com provides 1-
800 or local dialing 24/7.
Service and support as specified above shall be replicated year to year by way of annual maintenance
support. Maintenance can be terminated upon written notice 30 days prior to anniversary by either
party.
Section 3 : Environment
This SOW defines the implementation of the above described solution into the Customer's technical and telephony
environment
Customer provided and Vista Com provided equipment, if applicable, are detailed in the Vista Com provided
Customer Furnished Equipment ("CFE"). Solution Architecture details and diagrams are detailed in the Vista Com
provided response.
Radio Type: Motorola P25
9-1-1 Type: VESTA
Database Type: Network Attached Server (NAS)
Server Operating System: Linux
Customer-Specific Integrations: VESTA, Cisco, TriTech(Central Square), Motorola, Text to 9-1-1
Section 4: Work Locations and Service Hours
Work Locations:
Vista Com implementation activities typically involve a site visit by one or more members of the Vista
Com Implementation Team, but portions of the services associated with this SOW may be conducted
off-site as appropriate. Travel and living expenses incurred in the performance of the services associated
with this SOW are included in the fees associated with this SOW. No additional travel and living expenses
will be billed to the Customer.
Normal Service Hours:
The fees associated with the Services described herein are based on Vista Com performing said Services
with no more than eight (8) hours ("Work Day") during Normal Business Hours on a Business Day
"Normal Business Hours" is hereby defined as 8:00 a.m. to 5:00 p.m. local time
"Business Day" is hereby defined as a non-holiday Monday through Friday
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Section 5 : Project Milestones and Acknowledgement of
Services
Each Service deliverable, task or milestone identified below will be deemed delivered when Customer has signed
the applicable Vista Com Site Preparation Guide. The Customer will receive a request to acknowledge that the
services have been rendered in accordance with the SOW. Customer must accept or reject the requested
acknowledgment of completion either by signature or by e-mail.
This section provides the details for the Services engagement including Milestones, Tasks, and Deliverables.
Milestones, Tasks and Deliverables
Milestone: Milestone: Project Initiation - Product Order/Site Prep
Description
This phase consists of the Project Kickoff, Planning and Design sessions for site preparation.
During the Project Initiation, the Project Manager will meet with Customer's technical and business representatives
to review and verify the components of the technical environment and service milestones for the project. The Vista
Com Project Manager will then coordinate the appropriate assignment of tasks.
The Project Manager will also arrange the appropriate Design sessions to address application consulting, best
practices configurations and technical architecture and configuration requirements.
The Project Initiation and Design sessions will be scheduled with the Customer's project team and the appropriate
Vista Com resources to discuss the following, as appropriate.
o Configuration for the following:
• Receipt of Order
• Project Kickoff
• Site Analysis/Technical Requirements
• Site Visit/Gather Training Requirements
• Report Output
Deliverables
• Site Preparation Guide/Checklist
• Project Milestones with Associated Tasks
• Project Task Assignments
• Project Schedule
• Application configuration design documents
Vista Com Responsibilities/Tasks
• Review order details
• Review Customer project expectations
• Review training requirements and schedule
• Review system architecture and sizing
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Vista CUM
• Confirm Customer's hardware delivery and installation
• Create and deliver Site Preparation checklist to be completed by Customer
• Define project milestones
• Assign project tasks
• Create and deliver project schedule
• Provide application configuration design document
• Schedule Vista Com resources
• Vista Com Provide weekly updates to the stakeholders
Customer Responsibilities/Tasks
• Issue Purchase Order
• Set project expectations
• Provide training requirements and schedule
• Confirm vendor installation schedule
• Create and deliver Site Preparation checklist
• Provide vendor access to key personnel
• Provide vendor access to installation locations
• Provide vendor access to user locations
Milestone: Pre-Installation Preparation Meeting
Description
The Vista Com Project Manager will perform a Readiness Assessment Audit after the Project Initiation and at least
two (2) weeks prior to scheduled installation. If, at the conclusion of the Readiness Assessment Audit, the Vista
Com Project Manager decides the on-site installation is to begin, the appropriate Vista Com resources will be
scheduled.
Deliverables
• Readiness Assessment Audit
• Site Readiness Documentation
Vista Com Responsibilities/Tasks
• Review Site Readiness Documentation
• Confirm site readiness
• Plan Installation Date
• Plan Training Dates
• Weekly Report
• Schedule appropriate Vista Com resources
Customer Responsibilities/Tasks
• Provide site Readiness Documentation
• Confirm site readiness
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• Approve Installation Date
• Approve Training Dates
• Review security requirements for Vista Com resources and define login authority and network access
• Schedule appropriate resources
Milestone: Installation
Description
Vista Com resources will begin the installation process by reviewing the Customer's environment to ensure that it
is consistent with the Readiness Assessment Audit. Vista Com will install all licensed Vista Com software, configure
said software to integrate with the Customer's telephony environment, conduct an application pilot, and test all key
functionality. Initially, this will be performed in a test environment in Vista Com lab. Subsequent to initial testing,
and with customer approval, the applications will be configured for a production environment. Vista Com will
complete the installation by submitting site documentation, performing knowledge transfer to Customer's technical
support staff and performing a system hand-off to Customer and the Vista Com Customer Support team.
Vista Com will configure and test all integrations (using the Customer's environment) to meet the requirements
identified. Integrations will be performed with Customer's supported Motorola radios, VESTA, Cisco, Text to 9-1-1
environment in order to enable standard functionality in the applications identified below.
Vista Com will develop and unit test configurations for call recording control and standard data tagging. Vista Com
and Customer will participate in Motorola P25 Radio testing, which will be conducted using Customer's radio
environment and decoding equipment from Eventide.
Deliverables
• Vista Com software installation and configuration
• Application pilot tested for key functionality
• Site documentation
• Integration configuration and testing
• Motorola Radio testing
• VESTA
• Cisco
• Text to 9-1-1
• Physical installation at customer locations
Vista Com Responsibilities/Tasks
• Reviewing the Customer's environment to ensure that it is consistent with the Readiness Assessment Audit
• Receive equipment (Vista Com Lab)
• Confirm order integrity
• Confirm and test operation of components
• Pre-Configure equipment according to site profile document
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Vista CUM
• Confirm operation of key recorder software functions and client installations on Customer's workstations if
applicable
• Confirm that the Customer training room is configured and ready for the Vista Com On-Site Instructor's
arrival
• Deliver Equipment to site(s)
• Mount Equipment
• Connect TDM DMARC, VoIP/RoIP DMARC to recorders
• Connect recorder and NAS to network and power
• Activate and Initialize all equipment
• Verify related third-party software if required (must be licensed by the Customer) is installed and configured
for integration to the Vista Com solution
• Perform system testing and complete Customer site documentation
• Test Network/TDM/IP/Data connections on all channels
• Test Client PC connection and logins
• Complete Installation checklists for Fort Worth Police Department main and backup sites in accordance with
Attachments (if applicable).
• Knowledge transfer to the Customer's technical support staff in loading and configuring software
• Make any adjustments
• Schedule the Post-Install Meeting
• Weekly Report
Customer Responsibilities/Tasks
• Receive equipment from Vista Com personnel
• Ensure demarcation points are active and providing data
• Supply any third party software required of customer equipment
• Perform system testing
• Coordinate with Vista Com on confirming a suitable location to accept the installation of the provided servers.
If rack mounting is desired, customer to supply rack and Vista Com will mount Eventide servers on desired
position in the rack
• Complete Installation checklists for Fort Worth Police Department main and backup sites in accordance with
Attachments (if applicable).
• Ensure all integration points are configured and available as required for the Customer's specific integration
• Provide access to the customer's networking personnel
• Provide a BIB connection for the Cisco phones
• Provide a SPAN port for the VESTA and all IP information
• Provide IP connection for the Motorola P25 radio information
• Provide data for ANI/ALI integration
• Routing and punch-down of all needed audio connectivity and network cables to be connected to the
recording servers.
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Vista CUM
• On-site presence during installation time, including H/W and S/W setup and testing of PBX interoperability
with Eventide equipment
• Provide workstations, clients, for installation of software
• Confirm operation of key recorder software functions and client installations on Customer's workstations if
applicable
• Review and approve the Integration Design tests
• View and approve the Harris Radio Tests
• Participate in radio testing
• Confirm that the Customer training room is configured and ready for the Vista Com On-Site Instructor's
arrival
Milestone: System Testing
Description
Vista Com and Customer will perform system testing to mutually validate functionality of key components of the
installed solution. The testing will be performed in a controlled environment which allows Vista Com and Customer
to properly perform testing and validate results per the Vista Com System Test Plan.
Deliverables
• System Test Plan (Installation Checklist) with documented results
Vista Com Responsibilities/Tasks
• Perform System Testing with Customer's participation
• Test all recording types, IP, Digital, etc and ensure connectivity
• Test all recording samples for completeness
• Ensure software functionality
• Ensure archive plan
• Test client logins
• Document test results
• Schedule post install meeting
• Weekly report
Customer Responsibilities/Tasks
• Participate in test, witness configuration confirmation, and record result
• Approve functionality at install of given configurations
• Schedule post-install meeting
Milestone: Post-Install Meeting
• Confirm system configurations
• Confirm system operations
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Vista CUM
• Document any necessary adjustments and items
Vista Com Responsibilities/Tasks
• Verify stability and design functionality
• Transition all tasks to sustaining production environment and support
Customer Responsibilities/Tasks
• Verify stability and design functionality
• Transition all tasks to sustaining production environment and support
Milestone: Training
Training delivery methods are described below. Course-specific details including agendas, format, duration and
recommended participants will be provided by the Vista Com Project Manager. All On-Site Training classes are
limited to ten-twenty(10-20) attendees per training session.
On-Site Training (Vista Com Professional Services)
• Vista Com will tailor training upon needs
Description
Vista Com Professional Services provides an on-site course for administrators and evaluators with information and
practical skills regarding the use of the Vista Com Eventide software.
Deliverables
• Train IT and Technical Staff
• Train users, admins, power users, Quality graders
• Train users best support process
Vista Com Responsibilities/Tasks
• Confirm customer training readiness
• Supply training materials prior to initial training events
• Train IT/Technical Staff as customer desired for recording configuration changes
• Schedule Post-Training Meeting
Customer Responsibilities/Tasks
• Confirm user availability, locations, schedules
• Review training materials prior to training classes
• Schedule Post-Training Meeting
Milestone: Post-Training Meeting
• Confirm completion and begin acceptance period
• Schedule Post-Project Meeting
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Vista CUM
Milestone: Post-Project Meeting
• Customer Sign-Off/Project Completion
• Transition to production support
Section 6 : Customer Responsibilities Overview
• Review the Training Support Kits prior to Vista Com scheduled training classes
• Provide access to data required for employee and organization load in the Vista Com-specified format
• Provide security access to buildings and necessary rooms specific to the implementation process
• Arrange for workspace as needed by the Vista Com Implementation Team including but not limited to an
active network connection, internet access, and a working telephone
• Provide physical, server and network access to site for all on-site Vista Com personnel as needed
• Provide necessary test phones and/or test pc's to allow Vista Com personnel to perform control testing and
system review with appropriate Customer resource
• Provide necessary test environment to perform system testing including a minimum of three (3) workspaces
with all necessary equipment to simulate production environment
• Customer supplied hardware purchased, installed and made ready including, without limitation, installation
of the operating system, TCP/IP, voice cards (if applicable) and third party software. Installation must be
completed prior to arrival of the Vista Com Resource.
• Install supported operating system as necessary on all Customer supplied hardware
• Synchronize time clocks on all servers and data sources (with time zone adjustments as appropriate)
• Provide full security access between all required servers
• Ensure the installation of all cabling and termination as identified by Vista Com and in accordance with Site
Readiness process
• Distribution of all required software to the Agent and supervisor workstations if applicable
• Establish remote access to all Vista Com servers for Vista Com Implementation Team throughout the project
life cycle and ongoing Vista Com support
• Establishment and maintenance of system environment which meets Vista Com' minimum specifications,
including, without limitation, Customer's data network, hardware, telephony servers, dialers, database
servers, mail servers, Web servers, and any all non-Vista Com supplied enabling or collaborative technology
• For any onsite workshop or training event:
Provide adequate meeting space for the duration of any on-site workshop or training event
Provide materials requested by the Vista Com Resource (i.e.: flip chart paper, LCD projector, etc.)
Provide the training environment as specified by Vista Com including ensuring that the Vista Com
software is up and running, providing required access to the system including participant logins
Provide a technical contact to help with any connection/network access issues encountered during a
workshop or training event
• Prior to permitting Vista Com to access any Customer system, Customer is responsible for ensuring
that any data related to that system is backed up. Vista Com is not responsible for remediating any
lost or corrupt data resulting from an Error in the system or the provision of Services under this
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Vista CUM
SOW. Customer acknowledges and agrees that it is solely responsible for such data and that such
data is under Customer's exclusive control. Perform server administration knowledge transfer with
Customer's server personnel including but not limited to architectural overview, scheduled
maintenance, database maintenance, and operation, care and troubleshooting of the application
server.
• Conduct System Turnover Meeting with key organization contacts and other members of the project
team to turn over operation and maintenance of the system to Customer.
• Formally turn the installed site over to the Vista Com Customer Support team (or outsourced Vista
Com subcontractor) for Vista Com software Support
Section 7 : Implementation Team Roles and Responsibilities
Implementation Teams
All potential roles are described hereunder. Not all roles detailed will be applicable and/or necessary for every
project. The specific roles necessary to fill for the purposes of completing the milestones in Section 4 of this
document will be detailed and confirmed by the Vista Com Project Manager at the outset of the project. The parties
are responsible for identifying their respective resources to fill each necessary role.
Vista Com Implementation Team
• Project Manager: This individual is responsible for coordinating the implementation process to completion
and is the primary contact for the Customer. The Project Manager is the facilitator for all project activities,
is responsible for scheduling all Vista Com resources. (Note: Vista Com may utilize multiple resources to
accomplish project management)
• System Engineer, Solution Designer, System Integrator, Project Solutions Engineer: These
individuals are responsible for the Vista Com software installation and integration to the Customer's data
sources, system testing, and configuration solution design when applicable.
• Application Consultant, Application Specialist, Business Consultant: These individuals are
responsible for facilitating workshops, business discovery, post-implementation review(s) and solutions
consulting,
• On-Site Instructors: These individuals conduct all training
Customer Implementation Team (Note: a single individual can manage multiple roles)
• Executive Sponsor: Responsible for the decision to purchase the Vista Com solution and is expected to
contribute information about Customer's goals for the solution to the organization.
• Project Lead: Customer's primary point of contact that is responsible for onsite project coordination and
data delivery. This individual must be authorized by senior management with the decision-making powers
to ensure the success of the implementation or services engagement.
• Customer System"Owners": The Vista Com solution will receive data from a variety of systems. For each
of these systems,the Customer's team must include an individual(s)who is thoroughly knowledgeable about
the system, its configuration, and its reporting capabilities. System "Owners" will have responsibility for
creating reports or providing information regarding database structure to provide data that is read into any
Vista Com database.
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Vista CUM
• Networking Specialist / IT Contact: Responsible for procuring and setting up the Servers and PC's on
which the Vista Com solution will be installed. This individual is also responsible for ensuring that there is
sufficient IT infrastructure(network connection, network disk space, etc.)for system input data to be written
and stored on an ongoing basis for use with Vista Com software. The Networking / IT Contact is also
responsible for establishing database backup procedures, for ensuring connectivity between the recorder
client PC's and the recorder database(s), and for being trained on the data integration components of the
Vista Com solution(s). This individual is also responsible for maintenance and update of the recorder
software integration into the Customer's computer telephony network environment if applicable. These
responsibilities include, but are not limited, to changing established IP addresses for shifts in staffing and
installing the final software configuration onto licensed agent and supervisor workstations.
• Desktop Specialist: This individual has ownership of content on the desktop PC's in the call center. The
desktop specialist has knowledge of content of PC's at the center and has the ability and authority to install
software on the PC's. This person should be familiar with any software distribution technology that may be
used.
• Server Administrator: This individual is responsible for the day-to-day physical care of the Vista Com
server(s), managing backup and disaster recovery strategies as well as coordinating data storage needs
and management of drive space with the recorder Application Administrator.
• Telephony Specialist: This individual communicates with the recorder Application Administrator regarding
any changes that occur to specific telephony data (i.e.: extension, logins, groups, queues, skills, etc.) in
order that the recorder Application Administrator can synchronize the Vista Com recorder with the telephony
infrastructure.
• Training Coordinator: Responsible for the coordination of training on the Software. The training
coordinator must be able to schedule facilities and determine availability of coaches, supervisors and
technical staff for training.
• Business Resources: These resources may be called upon to answer questions about policies, people,
queues, and other operational information needed for their specific centers
• Business Users: These are the primary end users of the Vista Com software
Section 8 : Change Control Process
Customer may request changes in or additions to the Services being provided hereunder by completing a Change
Control Approval Request Form supplied by Vista Com. If Vista Com deems the changes feasible, Vista Com will
provide a quote for any increase or decrease in the cost of or time required for performance of the Services as
amended. Once parties agree to the modified scope and related fees a representative of each party will sign the
Change Control Approval Request Form. See ATTACHMENT A. Vista Com shall not be obligated to perform any
revised or additional Services unless and until the Change Control Approval Request Form is signed by both parties.
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Vista CUM
Change Control Form
Change Control Approval Request Form
Change Request Control Number: Current Service Order Number: Date Issued:
Date Requested: Requested By: User Organization:
Date Required: User Phone: User e-mail:
Application or System: Release/Version:
Additional Time Estimated by Resource Type: Additional Cost Estimated:
Summary of Requested Change:
New SOW Required? [ ] Yes [ ] No
Change Approval/Disapproval:
[ ] Disapprove Request [ ] Approve for Release #_
[ ]Approve for Current Release [ ] Future Consideration
Final Disposition:
Reason for Rejection:
Customer Management: (Name/Title) Phone Number: e-mail Address:
Vista Com Project Manager: Phone Number: e-mail Address:
Project Manager Signature: Date Authorized:
Disposition
Date Assigned: Signature of Authorized Vista Com Representative:
Date Of Sign Off: Signature of Authorized Client Representative:
Section 9 : Payment/Fee Schedule
DigitalMarkets, Inc. dba Vista Com will provide this service to the City of Fort Worth Police Department a fixed fee
with deliverables-based payments. The total cost of this project is $252,309. The City of Fort Worth Police
Department will be billed on the invoice schedule below due N30.
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Vista CUM
Scope Payment Milestones Amount
Hardware, Software, Accessories PO Issuance/Project Initiation $131,688.70
Motorola AIS License PO Issuance/Project Initiation $54,995,00
Hardware, Software, Accessories Installation/System Testing $38,588,30
Recorder Services Training $32,321.00
$257,593.00
Section 10 : Other Financial Considerations
Maintenance After First Calendar Year
The first year of maintenance coverage for all parts, support, 24/7/365, services, updates, onsite, and materials are
included in Section 9, Payment/Fee Schedule. Once the first-year support has expired, Vista Com will offer The City
of Fort Worth Police Department an annual maintenance contract.
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Houston,TX
9824 Whithorn Drive
Houston,Texas 77095
Vmlstem
P:(800)708-6423
I www.vistacomtx.com
Remit,Sales and Support
Oklahoma City,OK
4200 Perimeter Center Drive,Suite 140
Oklahoma City,OK 73112
P:(800)708-6423
www.vistacomtx.com
Sales and Support
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Disclosures
All order cancellations are subject to a 35% restocking charge once order has been placed. Yoursolution is custom built
for your environment. Vista Com will make every attempt to modify changes once purchase has been placed however the
customer is ultimately responsible for any financial implications for order changes after the order is placed.
Solution Design-we make every attempt to ensure the attached quote is exact and matches your requirements. Please
pay special attention to our description of goods and services to ensure it matches your requests. If Vista Com inspects
your site location and determines that our solution does not match your communicated requirement, we will promptly
revise this quote.
Customer Demarcations-The point at which the recording equipment is connected to the customer equipment is termed
"demarcation point". The demarcation point can be a physical cable connection to a demarcation block or it can be a
network cable connected to a customer network switch. Due to vendor and customer liabilities it is accepted that Vista
Com is responsible for cabling and recorder connection from the demarcation point and the customer is responsible for all
cabling, configuration, and coordination for recorded devices to the demarcation block.
Install Guide-Vista Com requires information about your network and user environment before installation of the
recording solution. This information includes necessary information proprietary to the customer such as network
addresses, user names/passwords, channel assignments and user rights. It is understood that the customer will answer
this proprietary information to Vista Com prior to installation in order for the services to be conducted quickly and
efficiently.
By acceptance of this offer you accept the disclosures above as part of this agreement.
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Ft. Worth PD - Revised Eventide/Motorola API Proposal
Prepared by: Prepared for: Quote Information:
7 Vista Com Fort Worth Police Department Quote#:H00003471
Robin Clevenger 505 W.Felix St Version:1
281-516-9800 ext 201 Fort Worth,TX 76110 Delivery Date:10/19/2020
Fax(281)518-7056 Nanette Monte Expiration Date:12/31/2020
robin@vistacomtx.com nanette.monte@fortworthtexas.gov
(817)392-2625
71
271141 Mandatory License Fee-Initial/One AIS 1 $54,995.00 $54,995.00 $54,995.00 $54,995.00
Mandatory Motorola API
License fee due at time of
order for Inital System Release,
First AIS.
$54,995.00 $54,995.00
7Softwa re $54,995.00
Total $54,995.00
. .
Net 30 1 None $54,995.00
Taxes,shipping,handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.
Valerie Washington(Nov 2,202010:30 CST) Nov2,2020
Signature Date
g
Eventide° Page Q4�S�tof# 0003471v1
Vista Com Proprietary and Confidential
Houston,TX
9824 Whithorn Drive
Houston,Texas 77095
Vmlstem
P:(800)708-6423
I www.vistacomtx.com
Remit,Sales and Support
Oklahoma City,OK
4200 Perimeter Center Drive,Suite 140
Oklahoma City,OK 73112
P:(800)708-6423
www.vistacomtx.com
Sales and Support
Ila
have prepared quote for yo
Fort Worth
PD Eventide DX HGAC Quote
Quote • 11 : •
Version
- " Ad
Fort Worth Police I;' 'tment
AA
0000
VmistaCg. m
. .
Monday, October 19, 2020
Fort Worth Police Department
Nanette Monte
505 W. Felix St
Fort Worth, TX 76110
nanette.monte@fortworthtexas.gov
Dear Nanette,
Thank you for allowing Vista Com to prepare a quotation for you recording solution. Vista Com has over a 25 year history of
providing public safety recording solutions throughout the region. We partner with the best OEM's in the industry to delivery the
latest technology to you and we back the solution with local support and factory engineering.
Within this quotation you will find three key areas that describe the solution.
• Hardware -this is the physical components to be installed at your site.
• Software-each solution requires software that is licensed to you for your recorder.
• Services-items that are one time charges and represent labor and support for your solution.
The link details all areas of your quotation that we have designed for you. This quotation is based upon given facts and
knowledge of your requirements passed to us by you and your organization. As such if we determine that the environment is
different than what we have designed we will promptly edit the proposal for your presentation.
Important Note-the point at which the recorder equipment connects to the customer equipment is referred to as the demarcation
point. The customer and/or its vendors are responsible for any required connections to this demarcation point such as cabling,
equipment programming, or equipment relocation.
If you approve of this quotation please indicate so within the link. By accepting this quotation you represent your authorization of
your entity and legally bind your agency to the terms of this sales contract.
Kind Regards,
10L,�- � Olv�
Robin Clevenger
Regional Sales Manager
Vista Com
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THE SMART PURCHASING SOLUTION
Vista Com Proprietary and Confidential
OklahomaOK Houston,TX
[200 Perimeter Center Drive,Suite 140 9824 Whithorn
0000 Oklahoma City,OK 73112 Houston,Texas 77095
:11 1: .4 :11708-6423
V'I st a C M www.vistacomtx.com www.vistacomtx.com
SolesandSupport Remit,Sales and Support
Disclosures
All order cancellations are subject to a 35% restocking charge once order has been placed. Yoursolution is custom built
for your environment. Vista Com will make every attempt to modify changes once purchase has been placed however the
customer is ultimately responsible for any financial implications for order changes after the order is placed.
Solution Design-we make every attempt to ensure the attached quote is exact and matches your requirements. Please
pay special attention to our description of goods and services to ensure it matches your requests. If Vista Com inspects
your site location and determines that our solution does not match your communicated requirement, we will promptly
revise this quote.
Customer Demarcations-The point at which the recording equipment is connected to the customer equipment is termed
"demarcation point". The demarcation point can be a physical cable connection to a demarcation block or it can be a
network cable connected to a customer network switch. Due to vendor and customer liabilities it is accepted that Vista
Com is responsible for cabling and recorder connection from the demarcation point and the customer is responsible for all
cabling, configuration, and coordination for recorded devices to the demarcation block.
Install Guide-Vista Com requires information about your network and user environment before installation of the
recording solution. This information includes necessary information proprietary to the customer such as network
addresses, user names/passwords, channel assignments and user rights. It is understood that the customer will answer
this proprietary information to Vista Com prior to installation in order for the services to be conducted quickly and
efficiently.
By acceptance of this offer you accept the disclosures above as part of this agreement.
HGACBUgy Eventide Q4�c�tof# U003789v1
THE SMART PURCHASING SOLUTION
Vista Com Proprietary and Confidential
OklahomaOK Houston,TX
[200 Perimeter Center Drive,Suite 140 9824 Whithorn
Oklahoma City,OK 73112 Houston,Texas 77095
:11 1: .4 :11708-6423
V'Ista M www.vistacomtx.com www.vistacomtx.com
SolesandSupport Remit,Sales and Support
Fort Worth PD I Eventide DX HGAC Quote
Prepared by: Prepared for: Quote Information:
Vista Com Fort Worth Police Department Quote#:H00003789
Robin Clevenger 505 W.Felix St Version:1
281-516-9800 ext 201 Fort Worth,TX 76110 Delivery Date:10/19/2020
Fax(281)518-7056 Nanette Monte Expiration Date:12/31/2020
robin@vistacomtx.com nanette.monte@fortworthtexas.gov
(817)392-2625
Vista Com is on HGAC RP07-20 contract. Fort Worth agreed to provide the VM host environment and Vista Com will need
access to the VM host to install the server OVA file.
Recorder TDM 1- Nexlog 740 DX- 3U
Hardware Bundle
NexLog740DX NexLog 740 DX-Series Base System 1 $7,995.00 $7,995.00 $6,695.00 $6,695.00
NexLog 740 DX-Series base
system: 3U rack-mountable,
Core i5 CPU, 16GB DDR4
RAM, 2 x1TB fixed-Mount
HDDs(RAID 1), 1 Blu-ray Multi-
Drive, 2 Network Ports
(100/1000), Embedded Linux,
NexLog DX-Series software,
web-based configuration
manager,dual hot-swap 120-
240VAC 50/60Hz power
supplies. Requires ongoing
Eventide DX Software Update
Subscription (DXSUS)for
access to critical DX-Series
Software&Security Updates.
324430 Rack Mount slides-4 post,3U Chassis(for 1 $360.00 $360.00 $301.00 $301.00
NexLog 740)
Rack Mount slides-4 post, 3U
(for NexLog 740)
DX799 Upgrade NexLog 740 DX-Series to 2x1TB Hot 1 $1,850.00 $1,850.00 $1,549.00 $1,549.00
Upgrade NexLog 740 DX-
Series to 2x1TB HotSwap
RAID 1=1TB storage
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NIC-2-PCle- Dual Port PCI-E Network Card(For 740DX) 1 $166.00 $166.00 $139.00 $139.00
001 2 Port Intel Ethernet Server
Adapter for 740DX
Channel Bundle
271052 Internal IP Recorder w/8 G.711 Channel 1 $3,850.00 $3,850.00 $3,224.00 $3,224.00
Licenses
Internal IP Recorder w/8 G.711
Channel Licenses
271035 Add-on license pack(internal IP recording 4 $1,750.00 $7,000.00 $1,465.00 $5,860.00
engine)
Add-on license pack(internal
IP recording engine)with 8
Channel Licenses for G.711
RTP/Rol P/NG911
Software Bundle
271111 MP3 option for MediaWorks PLUS 1 $195.00 $195.00 $163.00 $163.00
MP3 option for MediaWorks
PLUS
271014 Central Archive License(for archive to 1 $1,670.00 $1,670.00 $1,398.00 $1,398.00
another Ne
Central Archive License (for
archive to another Nexlog)
271140 Eventide Interface license for VESTA 911 1 $2,495.00 $2,495.00 $2,089.00 $2,089.00
IP/SPAN
Eventide Interface license for
VESTA 911 IP/SPAN
Recording
141267 Nexlog Active Directory 1 $0.00 $0.00 $0.00 $0.00
Nexlog Active Directory
271083 MediaWorks Plus Licenses 4 $995.00 $3,980.00 $833.00 $3,332.00
MediaWorks Plus (Web)
Concurrent Access for 8 Users
271098 Geographic Search/View(Requires Lat/Lon, 1 $995.00 $995.00 $833.00 $833.00
MW Plus,
Geographic Search/View
(Requires Lat/Lon, MW Plus,
Google Maps)
209029 NENA ANI/ALI CAD Spill Integration of SMDR 1 $3,495.00 $3,495.00 $2,927.00 $2,927.00
NENA ANI/ALI CAD Spill
Integration SMDR
115021 Enhanced Reporting Package 1 $1,495.00 $1,495.00 $1,252.00 $1,252.00
Enhanced Reporting Package
HGACBUgy Eventide Q4�9�tof# U003789v1
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VmistaCg. m
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271112 License,Speech to Text 1 $0.00 $0.00 $0.00 $0.00
Speech to Text Licensing
(Experimental)
Quality Assurance"Word
Factor"option (May Help to
Identify Candidate Calls for
Evaluation; US English only,
Experimental/Free)
Fort Worth's Virtual Machines-Will contain 4 VM's (Recorder IP1, Screen Recorder A, Screen Recorder B and
Network Archive Server)
Recorder IP 1 -Virtual Machine 1
Channel Bundle
271052 Internal IP Recorder w/8 G.711 Channel 1 $3,850.00 $3,850.00 $3,224.00 $3,224.00
Licenses
Internal IP Recorder w/8 G.711
Channel Licenses
271035 Add-on license pack(internal IP recording 16 $1,750.00 $28,000.00 $1,465.00 $23,440.00
engine)
Add-on license pack(internal
IP recording engine)with 8
Channel Licenses for G.711
RTP/Rol P/NG911
Software Bundle
271165 Quality Factor Advanced Evaluation 1 $1,595.00 $1,595.00 $1,336.00 $1,336.00
Scheduling Option(for CW
Quality Factor Advanced
Evaluation Scheduling Option
(for QA recording selection
based on available ANI/ALI or
CAD metadata in the recorder's
database)
271174 Solacom 13 Data Handling License 1 $3,495.00 $3,495.00 $2,927.00 $2,927.00
Solacom i3 Data Handling
License
141267 Nexlog Active Directory 1 $0.00 $0.00 $0.00 $0.00
Nexlog Active Directory
271140 Eventide Interface license for VESTA 911 1 $2,495.00 $2,495.00 $2,089.00 $2,089.00
IP/SPAN
Eventide Interface license for
VESTA 911 IP/SPAN
Recording
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271014 Central Archive License(for archive to 1 $1,670.00 $1,670.00 $1,398.00 $1,398.00
another Ne
Central Archive License (for
archive to another NexLog)
271111 MP3 option for MediaWorks PLUS 1 $195.00 $195.00 $163.00 $163.00
MP3 option for MediaWorks
PLUS
VM740DX NexLog DX-Series"740 VM"Software for 1 $7,995.00 $7,995.00 $6,695.00 $6,695.00
VMWare Inc.Virtualiz
NexLog DX-Series "740 VM"
Software for VMWare Inc.
Virtualization on customer-
furnished hardware and
enterprise-class ESXI operating
environment, which must meet
minimum operating
specifications. Requires
ongoing Eventide DX Software
Update Subscription (DXSUS)
for access to critical DX-Series
Software&Security Updates.
271113 NexLog Access Bridge License 1 $3,495.00 $3,495.00 $2,927.00 $2,927.00
NexLog Access Bridge License
(Customer is able to log into
multiple base recorders with a
single recorder software
appearance)
271083 MediaWorks Plus Licenses 4 $995.00 $3,980.00 $833.00 $3,332.00
MediaWorks Plus (Web)
Concurrent Access for 8 Users
271098 Geographic Search/View(Requires Lat/Lon, 1 $995.00 $995.00 $833.00 $833.00
MW Plus,
Geographic Search/View
(Requires Lat/Lon, MW Plus,
Google Maps)
271077 Call Evaluation base-level software(20 1 $2,500.00 $2,500.00 $2,094.00 $2,094.00
Agents,2
Call Evaluation base-level
software(20 Agents, 2
Evaluators)
271082 Call Evaluation base-level software(add 20 6 $1,990.00 $11,940.00 $1,666.00 $9,996.00
Agents
Call Evaluation base-level
software(add 20 Agents, 2
Evaluators)
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209029 NENA ANI/ALI CAD Spill Integration of SMDR 1 $3,495.00 $3,495.00 $2,927.00 $2,927.00
NENA ANI/ALI CAD Spill
Integration SMDR
115021 Enhanced Reporting Package 1 $1,495.00 $1,495.00 $1,252.00 $1,252.00
Enhanced Reporting Package
271112 License,Speech to Text 1 $0.00 $0.00 $0.00 $0.00
Speech to Text Licensing
(Experimental)
Quality Assurance"Word
Factor"option (May Help to
Identify Candidate Calls for
Evaluation; US English only,
Experimental/Free)
271138 Eventide Interface license for Cisco BIB 1 $1,995.00 $1,995.00 $1,671.00 $1,671.00
Eventide Interface license for
Cisco Built in Bridge
209220 Integration to Motorola ASTRO 25 system- 1 $14,995.00 $14,995.00 $12,557.00 $12,557.00
Initial ASTRO vers
Integration to Motorola ASTRO
25 system -Initial ASTRO
version -SINGLE AIS
Screen Recorder A-Virtual Machine 2
Software Bundle
141267 Nexlog Active Directory 1 $0.00 $0.00 $0.00 $0.00
Nexlog Active Directory
VM740DX Nexlog DX-Series"740 VM"Software for 1 $7,995.00 $7,995.00 $6,695.00 $6,695.00
VMWare Inc.Virtualiz
NexLog DX-Series 740 VM"
Software for VMWare Inc.
Virtualization on customer-
furnished hardware and
enterprise-class ESXI operating
environment, which must meet
minimum operating
specifications. Requires
ongoing Eventide DX Software
Update Subscription (DXSUS)
for access to critical DX-Series
Software&Security Updates.
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271070 Screen Recording System License w/5 PC 1 $2,500.00 $2,500.00 $2,094.00 $2,094.00
Licenses
Screen Recording System
License w/5 PC Licenses
(Note: Due to the potential for
increase storage demand we
highly recommend upgrading
base hard drive sizes to min
2TB)
271076 Screen Recording Expansion License For 5 5 $500.00 $2,500.00 $419.00 $2,095.00
PC's
Screen Recording Expansion
License For 5 PC's
Screen Recorder B -Virtual Machine 3
Software Bundle
141267 Nexlog Active Directory 1 $0.00 $0.00 $0.00 $0.00
Nexlog Active Directory
VM740DX Nexlog DX-Series"740 VW Software for 1 $7,995.00 $7,995.00 $6,695.00 $6,695.00
VMWare Inc.Virtualiz
Nexlog DX-Series 740 VM"
Software for VMWare Inc.
Virtualization on customer-
furnished hardware and
enterprise-class ESXI operating
environment, which must meet
minimum operating
specifications. Requires
ongoing Eventide DX Software
Update Subscription (DXSUS)
for access to critical DX-Series
Software&Security Updates.
271070 Screen Recording System License w/5 PC 1 $2,500.00 $2,500.00 $2,094.00 $2,094.00
Licenses
Screen Recording System
License w/5 PC Licenses
(Note: Due to the potential for
increase storage demand we
highly recommend upgrading
base hard drive sizes to min
2TB)
271076 Screen Recording Expansion License For 5 5 $500.00 $2,500.00 $419.00 $2,095.00
PC's
Screen Recording Expansion
License For 5 PC's
Network Archive Server-Virtual Machine 4
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Hardware Bundle
VM740DX NexLog DX-Series"740 VM"Software for 1 $7,995.00 $7,995.00 $6,695.00 $6,695.00
VMWare Inc.Virtualiz
NexLog DX-Series "740 VM"
Software for VMWare Inc.
Virtualization on customer-
furnished hardware and
enterprise-class ESXI operating
environment, which must meet
minimum operating
specifications. Requires
ongoing Eventide DX Software
Update Subscription (DXSUS)
for access to critical DX-Series
Software&Security Updates.
Power Bundle
1173-000 Spare DVSI 4-Port Networked Decoder Unit 1 $10,000.00 $10,000.00 $8,374.00 $8,374.00
(for P25,DMR,MOTO
Spare DVSI 4-Port Networked
Decoder Unit (for P25, DMR,
MOTOTRBO, NXDN)
SMART3000R Tripp Lite SmartPro MA 2.25kWatts Battery 1 $1,687.99 $1,687.99 $1,688.00 $1,688.00
M2UN Backup
Tripp Lite SmartPro 120V 3
kVA2.25 kWatts Line
Interactive Sine Wave UPS, 2U
Rack/Tower,Pre-Installed
WEBCARDLX Network
Interface, LCD Display,USB,
DB9
324638 1U Rackmount Drawer with 19" LCD,KB,8 1 $2,500.00 $2,500.00 $2,500.00 $2,500.00
Port KVM
1 U Rackmount Drawer with 19"
LCD, KB, 8 Port KVM
$177,903.99 $149,648.00
DiscountedPart Number Back up Site List Price List Price Discounted '
& (Each) (Extended) Price(Each) (Extended)
Back-Up Site - Nexlog 740 DX-Total = 51.1
24 analog and 72 VoIP Recording Channels
Hardware Bundle
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NexLog740DX NexLog 740 DX-Series Base System 1 $7,995.00 $7,995.00 $6,695.00 $6,695.00
NexLog 740 DX-Series base
system: 3U rack-mountable,
Core i5 CPU, 16GB DDR4
RAM, 2 x1TB fixed-Mount
HDDs(RAID 1), 1 Blu-ray Multi-
Drive, 2 Network Ports
(100/1000), Embedded Linux,
NexLog DX-Series software,
web-based configuration
manager,dual hot-swap 120-
240VAC 50/60Hz power
supplies. Requires ongoing
Eventide DX Software Update
Subscription (DXSUS)for
access to critical DX-Series
Software&Security Updates.
DX701 Integrated 7"Color LCD Touch Screen Display 1 $1,595.00 $1,595.00 $1,336.00 $1,336.00
for NexLog 740
Integrated 7" Color LCD Touch
Screen Display for NexLog 740
DX-Series
324430 Rack Mount slides-4 post,3U Chassis(for 1 $360.00 $360.00 $301.00 $301.00
NexLog 740)
Rack Mount slides-4 post, 3U
(for NexLog 740)
109033-007 Quick Install Kit(23 ft.Connector Cable& 1 $300.00 $300.00 $251.00 $251.00
Punch
Quick Install Kit(23 ft.
Connector Cable & Punch
Block)
DX799 Upgrade NexLog 740 DX-Series to 2x1TB Hot 1 $1,850.00 $1,850.00 $1,549.00 $1,549.00
Upgrade NexLog 740 DX-
Series to 2x1TB HotSwap
RAID 1=1TB storage
NIC-2-PCIe- Dual Port PCI-E Network Card(For 740DX) 1 $166.00 $166.00 $139.00 $139.00
001 2 Port Intel Ethernet Server
Adapter for 740DX
Channel Bundle
DXANA24 24-Channel Analog PCIe(PCI Express)Card, 1 $6,000.00 $6,000.00 $5,024.00 $5,024.00
24 Ch.Licenses
24-Channel Analog PCIe (PCI
Express)Card, 24 Ch.
Licenses
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271052 Internal IP Recorder w/8 G.711 Channel 1 $3,850.00 $3,850.00 $3,224.00 $3,224.00
Licenses
Internal IP Recorder w/8 G.711
Channel Licenses
271035 Add-on license pack(internal IP recording 8 $1,750.00 $14,000.00 $1,465.00 $11,720.00
engine)
Add-on license pack(internal
IP recording engine)with 8
Channel Licenses for G.711
RTP/Rol P/NG911
Software Bundle
271177 Central Square(TriTech INFORM)CAD 1 $3,995.00 $3,995.00 $3,345.00 $3,345.00
Integration
Central Square (TriTech
INFORM) CAD Integration
271174 Solacom 13 Data Handling License 1 $3,495.00 $3,495.00 $2,927.00 $2,927.00
Solacom i3 Data Handling
License
141267 Nexlog Active Directory 1 $0.00 $0.00 $0.00 $0.00
Nexlog Active Directory
271140 Eventide Interface license for VESTA 911 1 $2,495.00 $2,495.00 $2,089.00 $2,089.00
IP/SPAN
Eventide Interface license for
VESTA 911 IP/SPAN
Recording
271014 Central Archive License(for archive to 1 $1,670.00 $1,670.00 $0.00 $0.00
another Ne
Central Archive License (for
archive to another Nexlog)
271111 MP3 option for MediaWorks PLUS 1 $195.00 $195.00 $163.00 $163.00
MP3 option for MediaWorks
PLUS
271113 Nexlog Access Bridge License 1 $3,495.00 $3,495.00 $2,927.00 $2,927.00
Nexlog Access Bridge License
(Customer is able to log into
multiple base recorders with a
single recorder software
appearance)
271083 MediaWorks Plus Licenses 3 $995.00 $2,985.00 $833.00 $2,499.00
MediaWorks Plus (Web)
Concurrent Access for 8 Users
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271098 Geographic Search/View(Requires Lat/Lon, 1 $995.00 $995.00 $833.00 $833.00
Mw Plus,
Geographic Search/View
(Requires Lat/Lon, MW Plus,
Google Maps)
209029 NENA ANI/ALI CAD Spill Integration of SMDR 1 $3,495.00 $3,495.00 $2,927.00 $2,927.00
NENA ANI/ALI CAD Spill
Integration SMDR
115021 Enhanced Reporting Package 1 $1,495.00 $1,495.00 $1,252.00 $1,252.00
Enhanced Reporting Package
271112 License,Speech to Text 1 $0.00 $0.00 $0.00 $0.00
Speech to Text Licensing
(Experimental)
Quality Assurance"Word
Factor"option (May Help to
Identify Candidate Calls for
Evaluation; US English only,
Experimental/Free)
271138 Eventide Interface license for Cisco BIB 1 $1,995.00 $1,995.00 $1,671.00 $1,671.00
Eventide Interface license for
Cisco Built in Bridge
Power Bundle
TRIPP LITE UPS TRIPP LITE UPS 1500VA Rackmount 1 $525.00 $525.00 $525.00 $525.00
Smart 1500VA TRIPP LITE UPS Smart
1500VA 90OW Rackmount
Tower LCD AVR
$62,951.00 $51,397.00
The encryption at rest feature listed below provides the ability to manage AES256 bit encryption keys on the recorder.The
encryption at rest if purchased would need to be applied to(6)servers.
271148 Eventide Encryption at Rest Option 6 $995.00 $5,970.00 $833.00 $4,998.00
Eventide Encryption at Rest
Option
$5,970.00 $4,998.00
DiscountedPart Number Service Qty List Price List Price Discounted '
(Each) (Extended) Price(Each) (Extended) i
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VMistaCOM
. .
Prof Sery Prof Service Installations Bundle 1 $12,403.00 $12,403.00 $12,403.00 $12,403.00
Install Bundle Recorder Solutions Installation
Services Includes Site
Installation Guides, Project
Management, Pre-
Configuration, Onsite
Installation, System
Integrations, and De-trash
Prof Support Support Product and Configuration Bundle 1 $14,809.00 $14,809.00 $14,809.00 $14,809.00
Bundle Support For Recording
Solution During Period of OEM
Materials Warranty.Includes
Software Support, Configration
Support, Time and Materials,
and all On-Site Maintenance
Prof Service Prof Service Training Bundle 1 $3,650.00 $3,650.00 $3,650.00 $3,650.00
Training Professional Services, Training
Bundle Programs Designed To Your
Solution. Includes Materials,
Training Class, and Follow Up
Support
$30,862.00 I $30,862.00
List Price List Price Discounted•
Discounted '
Mlmh-(Each) (Extended) Price(Each) (Extended)
Vista Corn Discount 1 ($34,307.00) ($34,307.00) ($34,307.00) ($34,307.00)
Discount
($34,307.00) ($34,307.00)
Part NumbelLears 2-5 Maintenanc�-Optional Qty List Price List Price Discounted Discounted Pric
(Each) (Extended) Price(Each) (Extended)
Annual Year 2 Annual Maintenance contract 1 $49,918.00 $49,918.00 $49,918.00 $49,918.00
Maintenance Annual Maintenance contracts
Contracts
Annual Year 3 Annual Maintenance contract 1 $49,918.00 $49,918.00 $49,918.00 $49,918.00
Maintenance Annual Maintenance contracts
Contracts
Annual Year 4 Annual Maintenance contract 1 $49,918.00 $49,918.00 $49,918.00 $49,918.00
Maintenance Annual Maintenance contracts
Contracts
Annual Year 5 Annual Maintenance contract 1 $49,918.00 $49,918.00 $49,918.00 $49,918.00
Maintenance Annual Maintenance contracts
Contracts
HGACBU � Page 14 of 15
y Eventide Page Qu4gtof# 0003789v1
THE SMART PURCHASING SOLUTION
Vista Com Proprietary and Confidential
VmistaCg. m
. .
*Optional Amount: $199,672.00
$199,672.00 $199,672.00
Primary Site $149,648.00
Back up Site $51,397.00
Encryption Feature $4,998.00
Services $30,862.00
Discount ($34,307.00)
Total $202,598.00
Years 2-5 Maintenance $199,672.00
Optional Subtotal $199,672.00
Net 30 1 None $202,598.00
Taxes,shipping,handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.
Valerie Washington(Nov 2,2020 10:30 CST) Nov2,2020
Signature Date
HGACBUo Page 15 of 15
Qy Eventide Pa u49�tof#
TI 0003789v1
THE SMART PURCHASING SOLUON
Vista Corn Proprietary and Confidential
SCHEDULE D
NETWORK ACCESS AGREEMENT
1. The Network. The City owns and operates a computing environment and network
(collectively the "Network"). Vendor wishes to access the City's network in order to provide
description of services. In order to provide the necessary support, Vendor needs access to
description of specific Network systems to which Vendor requires access, i.e. Internet, Intranet,
email,HEAT System,etc. ("Access").
2. Grant of Limited Access. Vendor is hereby granted a limited right of access to the City's
Network for the sole purpose of providing description of services. Such access is granted subject to
the terms and conditions forth in this Agreement and applicable provisions of the City's
Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such
applicable provisions are hereby incorporated by reference and made a part of this Agreement for
all purposes herein and are available upon request.
3. Network Credentials. The City will provide Vendor with Network Credentials consisting
of user IDs and passwords unique to each individual requiring Network access on behalf of the
Vendor.Access is being granted for purposes of completing services for the City pursuant to the
Agreement and Access shall expire at the completion of the,or upon termination of the Agreement,
whichever occurs first.
4. Renewal. This Network Access Agreement shall be renewed in accordance with the
Agreement if the following conditions are met:
4.1. Contracted services have not been completed;
4.2. Contracted services have not been terminated; and
4.3. Within the thirty (30) days prior to the scheduled annual expiration of this
Agreement, the Vendor has provided the City with a current list of its officers, agents, servants,
employees or representatives requiring Network credentials.
Notwithstanding the scheduled contract expiration or the status of completion of services,Vendor
shall provide the City with a current list of officers,agents,servants,employees or representatives
that require Network credentials on an annual basis. Failure to adhere to this requirement may
result in denial of Access and/or termination of this Network Access Agreement.
5. Network Restrictions.Vendor officers,agents, servants,employees or representatives may
not share the City-assigned user IDs and passwords.Vendor acknowledges,agrees and hereby gives
its authorization to the City to monitor Vendor's use of the City's Network in order to ensure
Vendor's compliance with this Network Access Agreement.A breach by Vendor,its officers,agents,
servants, employees or representatives, of this Agreement and any other written instructions or
guidelines that the City provides to Vendor pursuant to this Network Access Agreement shall be
grounds for the City immediately to deny Vendor access to the Network and Vendor's Data,
terminate the Agreement and the Network Access Agreement, and pursue any other remedies that
the City may have under the Agreement or this Network Access Agreement or at law or in equity.
5.1. Notice to Vendor Personnel—For purposes of this section,Vendor Personnel shall
include all officers, agents, servants, employees, or representatives of Vendor. Vendor shall be
responsible for specifically notifying all Vendor Personnel who will provide services to the City
under this agreement of the following City requirements and restrictions regarding access to the
Cooperative Purchase
Page 48 of 50
City's Network:
5.1.1. Vendor shall be responsible for any City-owned equipment assigned to
Vendor Personnel, and will immediately report the loss or theft of such equipment to the
City;
5.1.2. Vendor, and/or Vendor Personnel, shall be prohibited from connecting
personally-owned computer equipment to the City's Network;
5.1.3. Vendor Personnel shall protect City-issued passwords and shall not allow
any third party to utilize their password and/or user ID to gain access to the City's Network;
5.1.4. Vendor Personnel shall not engage in prohibited or inappropriate use of
Electronic Communications Resources as described in the City's Administrative
Regulation D7;
5.1.5. Any document created by Vendor Personnel in accordance with this
Agreement is considered the property of the City and is subject to applicable state
regulations regarding public information;
5.1.6. Vendor Personnel shall not copy or duplicate electronic information for
use on any non-City computer except as necessary to provide services pursuant to this
Agreement;
5.1.7. All network activity may be monitored for any reason deemed necessary
by the City; and
5.1.8. A Network user ID may be deactivated when the responsibilities of the
Vendor Personnel no longer require Network access
6. Termination. In addition to the other rights of termination set forth herein, the City may
terminate this Network Access Agreement at any time and for any reason with or without notice,
and without penalty to the City. Upon termination of this Network Access Agreement, Vendor
agrees to remove entirely any client or communications software provided by the City from all
computing equipment used and owned by the Vendor, its officers, agents, servants, employees
and/or representatives to access the City's Network.
7. Information Security. Vendor agrees to make every reasonable effort in accordance with
accepted security practices to protect the Network credentials and access methods provided by the
City from unauthorized disclosure and use. Vendor agrees to notify the City immediately upon
discovery of a breach or threat of breach which could compromise the integrity of the City's
Network, including but not limited to, theft of Vendor-owned equipment that contains City-
provided access software, termination or resignation of officers, agents, servants, employees or
representatives with access to City-provided Network credentials,and unauthorized use or sharing
of Network credentials.
Cooperative Purchase
Page 49 of 50
ACCEPTED AND AGREED:
CITY:
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
By: Valerie Washington(Nov 2,202010:30 CST) ensuring all performance and reporting
Name: Valerie Washington requirements.
Title: Assistant City Manager
Date: Nov 2,2020 �
By: Leah M.H (Oct 21,202017:08 CDT)
Approval Recommended: Name: Leah Huff
Title: Sr. IT Solutions Manager
K � Approved as to Form and Legality:
By:
Name: Kevin Gunn
Title: Director, IT Solutions JY Strong
4.00uonq��
By: JB Strong(Nov ,202016:12 CST)
Attest: �poF F°Rr�yoad Name: John B. Strong
% , Title: Assistant City Attorney
$moo a=°
a e0
0 an T�p5 o0ba� Contract Authorization:
oa -01
By: ��uaaa44 M&C: 20-0741
Name: Mary J. Kayser Approval Date: 10/20/2020
Title: City Secretary 1295 Form: 2020-638786
VENDOR:
DigitalMarkets, Inc. d/b/a Vista Com
B _-----
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Name: MA Bender
Title: General Manager
OFFICIAL RECORD
Date: 190ct2020
CITY SECRETARY
FT. WORTH, TX
Cooperative Purchase
Page 50 of 50
11/4/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTTII
DATE: 10/20/2020 REFERENCE**M&C 20- LOG 13P AMEND M&C 20-0425 RECORDING
NO.: 0741 NAME: SYSTEM REPLACEMENT ADK ITS
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL)Authorize an Amendment to Mayor and Council Communication 20-0425 to Correct
the Listed Cooperative Contract, for a Recording System Replacement with ADK ITS, for
the Information Technology Solutions Department on Behalf of the Police Department
RECOMMENDATION:
It is recommended that the City Council authorize an amendment to Mayor and Council
Communication 20-0425 to correct the listed cooperative contract for the Information Technology
Solutions Department on behalf of the Police Department.
DISCUSSION:
On June 16, 2020, City Council approved Mayor and Council Communication (M&C)20-0425
authorizing a Purchase Agreement with DigitalMarkets Inc. d/b/a "Vista Com", utilizing General
Services Administration contract no. GS-35F-0415V. The Agreement would be used to purchase and
implement a new telephone recording system for the processing and retention of critical 911 calls.
The M&C will be amended to correct the listed cooperative agreement as the purchase will be made
utilizing Houston-Galveston Area Council (HGAC) contract no. RP07-20.
Price Analysis:
The HGAC Contract No. RP07-20 offers discounted pricing. Staff have reviewed the pricing and
determined it to be fair and reasonable.
Cooperative Purchase:
State law provides that a local government purchasing an item under a Cooperative Purchasing
Agreement satisfies any state law requiring that the local government seek competitive bids for
purchase of the item. The HGAC contract was competitively bid to increase and simplify the
purchasing power of government entities across the State of Texas.
M/WBE Office:
A MBW/SBE goal is not assigned when purchasing from an approved purchasing cooperative or
public entity.
Successor Contracts:
In the event that a Cooperative Agreement is not renewed, Staff would cease making purchases at the
end of the last Purchase Agreement coinciding with the valid Cooperative Agreement. If the City
Council were to not appropriate funds for a future year, Staff would cease making purchases when the
last appropriation expires, regardless of whether the then-current Purchase Agreement has expired. If
the cooperative contract is extended, this M&C authorizes the City to purchase similar products and
services under the extended contract. If the cooperative contract is not extended, but a new
cooperative contract is executed with DigitalMarkets, Inc. d/b/a Vista Com with substantially similar
terms as the previous cooperative contract, this M&C authorizes the City to purchase the products
under the new cooperative contract.
Administrative Change Order:
An administrative change order or increase may be made by the City Manager up to the amount
allowed by relevant law and the Fort Worth City Code and does not require specific City Council
approval as long as sufficient funds have been appropriated.
Agreement Term:
apps.cfwnet.org/council_packet/mc_review.asp?ID=28309&councildate=10/20/2020 1/2
11/4/2020 M&C Review
The current term of the Purchase Agreement is set to expire on June 30, 2021. Upon Council
approval, the new Purchase Agreements will shall become effective and expire on June 30, 2021 in
accordance with the existing Agreement.
Renewal Options:
The Agreement may be renewed for up to four(4) one year renewals in accordance with applicable
cooperative contract or successor contract.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on
City funds.
BQN\\
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Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund DepartmenH Account Project Program I Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Jay Chapa (5804)
Valerie Washington (6192)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Ashley Kadva (2047)
ATTACHMENTS
H-GAC.pdf
VistaCom.pdf
apps.cfwnet.org/council_packet/mc_review.asp?ID=28309&councildate=10/20/2020 2/2