HomeMy WebLinkAboutContract 43473-A1 CSC No.43473-A1
FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO.43473
This First Amendment to Fort Worth City Secretary Contract No.43473 ("First Amendment")
is made between the City of Fort Worth ("FORT WORTH"), acting herein by and through Valerie
Washington,its duly authorized Assistant City Manager and Johnson County("USER")acting herein
through Roger Harmon, its duly authorized County Judge.
WHEREAS, FORT WORTH and USER entered into an Agreement identified as Fort Worth
City Secretary Contract No. 43473 beginning August Yd,2012 (the"Agreement"); and
WHEREAS, USER wishes to subscribe to additional services of the CFW Trunked Voice
Radio Systems; and
WHEREAS, it is the collective desire of both FORT WORTH and the JOHNSON COUNTY
to amend the Agreement to prohibit FORT WORTH or the USER from executing agreements with
jurisdictions and entities based in the other's home county for the provision of primary radio system
coverage; and
WHEREAS, it is the collective desire of both FORT WORTH and JOHNSON COUNTY to
amend the Agreement to include additional services of the CFW Trunked Voice Radio Systems.
NOW THEREFORE,KNOWN ALL BY THESE PRESENT,FORT WORTH and JOHNSON
COUNTY, acting herein by the through their duly authorized representatives, enter into this First
Amendment,which amends the Agreement as follows:
1.
Adding Section 17 to read as follows:
17. EXTERNAL JURISDICTIONS
Except for the City of Crowley, the parties shall not execute agreements for the provision of primary
radio system coverage with jurisdictions and entities based in the other's home county. Primary radio
system coverage means the radio communications system used by an entity for its normal public safety
operations. However, the parties may execute agreements for provision of extended coverage if
desired by the external jurisdiction to increase the coverage area required to effectively perform its
operations.
2.
The Agreement is hereby amended by replacing Exhibit A of the Agreement with the Exhibit A
attached to this First Amendment.
OFFICIAL RECORD
3. CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No.43473 1 of 7
All other terms,provisions,conditions,covenants and recitals of the Agreement not expressly
amended herein shall remain in full force and effect.
[Signature Page Follows]
First Amendment to Fort Worth City Secretary Contract No.43473 2 of 7
Executed effective as of the date signed by the FORT WORTH Assistant City Manager below.
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 ensuring all performance and
By: Valerie Washington(Nov 17,202011:10 CST) reporting requirements.
Name: Valerie Washington
Title: Assistant City Manager
Date: Nov 17,2020 By:
Name: Alan Girton
Approval Recommended: Title: Senior IT Manager
Approved as to Form and Legality:
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By:
Name: Kevin Gunn is a=
Title: Director By: A Strong(Nov ,202010:46 CST)
444n4an4� Name: John B. Strong
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Attest: p��o°°° °°°o o Title: Assistant City Attorney
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a °°°°°°°° a M&C:20-0735
By: U 0 aa�nEap54pp
Name: Mary J. Kayser
Title: City Secretary
APPROVED FOR JOHNSON COUNTY:
[Name of-Approver] o eW ��Q(NIOrL
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Date: 0'?o
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No.43473 3 of 7
EXHIBIT A
CATEGORY 1,TERMS OF USE
The following definitions shall have the meanings set forth below and apply to this Agreement and
the Terms of Use set forth herein:
DEFINITIONS
"Console System" mean all hardware and software associated with any dispatch console or set of
consoles owned and operated by the USER that are connected to the CFW master switch.
"Extended Services" shall mean the use of the CFW Site Repeater Systems for the sole purpose of
extending coverage for USER's Talk Groups immediately adjacent to the USER coverage area
provided by the USER's Site Repeater Systems.
"Infrastructure Support Fee" shall mean the annual fee charged by CFW to offset cost incurred by
the City in the operation and maintenance of the radio systems. The annual fee is billed per active
subscriber radio ID,payable in advance on an annual basis for all active radio IDs issued to USER at
the time of the annual billing. Invoicing will occur when new radio IDs are issued on a pro-rata basis,
and thereafter,at the beginning of each CFW fiscal year. There will be no refunds or credits for radios
removed from service during the year billed.
"Interoperable Communications Plan" means the plan developed and established by CFW to
enhance and simplify radio communications among all agencies utilizing the CFW public safety radio
system or connecting its Site Repeater Systems or Consoles Systems to the CFW master switch.
"Master Site"shall mean the hardware and software provided by CFW as the core component of the
Motorola Solutions ASTRO 256 radio communications system. All Site Repeater Systems must
connect to the Master Site.
"Software Upgrade Agreement Fee" shall mean the annual fee charged by CFW to offset cost
incurred by the City from Motorola Solutions for the maintenance of the Software Upgrade Agreement
applicable to the USER's Site Repeater Systems and Console Systems.
"Site Repeater System" shall mean the base stations, shelter, tower and all site-specific hardware
and software infrastructure associated with the provision of a radio site owned and operated by the
USER to be connected to the CFW Master Switch.
"Subscriber Radio" shall mean a control station (desktop radio), mobile radio, or portable radio,
which has a unique identification number and is programmed to operate on the Trunked Voice Radio
System.
"Talk Group" shall mean a specific group of subscriber units allowed to communicate privately
within that group over shared infrastructure resources.
First Amendment to Fort Worth City Secretary Contract No.43473 4 of 7
TERMS OF USE
1. The CFW shall provide and maintain the Motorola Solutions ASTRO 25 Master Site to which the
USER's Site Repeater Systems and Consoles System will connect. If the USER increases its number
of Site Repeater Systems or Console Systems, the USER will incur all costs, if any, resulting from
the expansion of capacity of the System and associated hardware and software required to
accommodate the USER's additions.
2. The CFW shall execute with Motorola Solutions a Software Upgrade Agreement for the System,
every ASTRO 25 radio site connecting to the System, including those owned and operated by the
USER, and all other hardware such as Console Systems that would be affected by the software
upgrades,including those owned and operated by the USER. Unless the USER is notified otherwise,
the software for the System, all Site Repeater Systems and all Console Systems will be upgraded to
the current level every two years. The USER will provide all reasonable coordination necessary for
the upgrade of its Site Repeater Systems and Console Systems.
3. The CFW shall provide radio IDs for all radios and dispatch consoles owned and operated by the
USER. USER must provide written authorization to the CFW prior to the release of the USER's
radio IDs or any other information to a third party vendor or agency.
4. The acquisition, installation and maintenance of the USER's Site Repeater Systems, and Console
Systems are the responsibility of the USER unless otherwise stated in this Agreement. The USER
will be responsible for managing infrastructure loading and demand of the USER's Site Repeater
Systems.
5. Certain subscribers designated by the USER will have access to the CFW Trunked Voice Radio
System infrastructure for the purpose of providing Extended Services. USER acknowledges that
access to CFW infrastructure is intended as secondary in nature. Therefore,if USER radio equipment
is within range of one of USER's Site Repeater Systems, the radio will be denied access to the CFW
radio site.
6.The USER will be responsible for the acquisition,programming,and maintenance of all subscriber
radios.
7. The USER is the holder of the FCC (Federal Communications Commission) license(s) that the
USER's Site Repeater System uses for its operation.
8. The USER is responsible for providing all leased circuits and associated hardware and software
necessary to connect its Site Repeater Systems and Console Systems to the System. All costs
associated with provision of connectivity will be borne by the USER. Connectivity methods are
limited to terrestrial facilities leased through a licensed carrier. Other connectivity methods, such as
microwave,will require the prior approval of CFW and may result in additional costs to the USER.
9. The CFW makes no guarantee, either express or implied, as to radio signal strength or a specific
level of radio coverage in a particular location. The USER is responsible for conducting appropriate
First Amendment to Fort Worth City Secretary Contract No.43473 5 of 7
and applicable in-building and geographical jurisdictional portable radio communications coverage
testing to determine the expected radio coverage level.
10. USER shall use due diligence in the maintenance and configuration of their subscriber radio
equipment to ensure that no USER radio causes a degradation to system operation. The CFW shall
have the right to remove from operation any field radio unit or equipment owned by USER that is
operating on,attached and/or interfaced to the CFW infrastructure,if such equipment is found to cause
interference or harm to the system in any way. The CFW reserves the right to request that USER
operated field radio units or equipment operating on, attached and/or interfaced to the infrastructure
be tested for proper operation and/or repaired by an authorized radio repair facility approved by the
CFW. The cost of such testing or repair will be the sole responsibility of USER. Furthermore, the
CFW shall have the right to deactivate, without prior notification to or consent of USER, any field
radio suspected of causing interference, intentionally or unintentionally, to any other radios on the
systems or the systems operation.
11. The CFW will establish a coordinated Interoperable Communications Plan to apply to CFW and
the users of its systems. USER agrees to participate in the Plan and include the Plan's interoperable
talk groups in the programming of its subscriber units and Console Systems.
12. USB ports on the USER's Console Systems must be deactivated except during maintenance
activity. All security patches related to operating systems and other associated software must be
maintained at current manufacturer-tested levels. Anti-virus definitions shall be maintained at current
software-provider levels.
13. CFW shall be authorized to monitor the USER's Console System's compliance to patching and
anti-virus levels. If the USER is notified by CFW that patching and anti-virus levels are not current,
USER shall take appropriate steps to apply current patches and anti-virus definitions within ten (10)
business days of notification.
14. Either USER or CFW may terminate this Agreement for any reason, with or without cause, upon
one hundred eighty(180) days written notice to the other party. The CFW,in its sole discretion, shall
have the right to deny USER access to the radio infrastructure and/or the right to terminate the
Agreement immediately if USER fails to make full payment of invoiced system fees within thirty(30)
days of the date payment is due. The CFW fiu-ther reserves the right to terminate this Agreement
immediately,or deny access to the USER,upon notice of USER misuse of the system.
APPLICABLE FEES
15. For each subscriber unit without access to Extended Services, and for each year as long as this
Agreement is in effect, USER shall pay the CFW an Annual Subscriber Unit Fee in the amount of
$2.00 per month, per subscriber radio,payable in advance on an annual basis for all active radio IDs
issued to USER at the time of the annual billing.
16. For each subscriber unit designated with access to Extended Services, and for each year as long
as this Agreement is in effect,USER shall pay the CFW an Annual Subscriber Unit Fee in the amount
of$5.00 per month, per subscriber radio, payable in advance on an annual basis for all active radio
First Amendment to Fort Worth City Secretary Contract No.43473 6 of 7
IDs issued to USER at the time of the annual billing. Subscriber units that have not been designated
for Extended Services,but have accessed Extended Services,will be subject to the Extended Services
fee pro-rated through the end of the current fiscal year.
17. After October 1 of each year when either new Radio IDs are issued or a subscriber unit is
designated to access Extended Services, invoicing will occur on a pro-rata basis,and thereafter,at the
beginning of each CFW fiscal year. Further, at the beginning of each fiscal year of this Agreement,
the CFW may increase the Annual Subscriber Unit Fee to offset any actual increased costs incurred
by the City in the operation and maintenance of the System. There will be no refunds or credits for
radios removed from service or from Extended Services during the fiscal year.
18. USER shall pay the CFW an Annual Software Upgrade Fee equal to the amount invoiced to the
CFW by Motorola Solutions, Inc., or its successors, for the upgrade of the USER's Site Repeater
Systems,Consoles Systems and any other component subject to upgrade as a result of the upgrade of
the System.
COMPLIANCE WITH LAWS
19. The USER shall comply with all current and future Federal, State, and Local laws, Ordinances,
and Mandates,including Federal Communications Commission rules and regulations regarding proper
use of radio communications equipment. The USER will also comply with the guidelines, or
procedures set out in this agreement. Furthermore, the USER is responsible for enforcing such
compliance by its employees, volunteers, or any individual operating USER subscriber radio
equipment. Furthermore,the USER will be responsible for payment of any fines and penalties levied
against the CFW(as the licensee)as a result of improper or unlawful use of subscriber radio equipment
owned by USER.
20.In order to comply with Federal,State,and Local Laws and/or Mandates,the CFW,as the licensee,
may need to act on behalf of the USER regarding possible modifications,reconfiguration,or exchange
of owned subscriber radio equipment in order to meet these obligations. For as long as this agreement
is in force,the USER will allow the CFW to facilitate such activities on USER's behalf as necessary.
21. In the instance where USER subscriber radio equipment is to be replaced in order to be in
compliance with Federal, State, and Local Laws and/or Mandates, title and ownership of such
replacement subscriber radio equipment shall pass directly to USER upon delivery of subscriber radio
equipment to the USER's site.The USER shall provide the CFW,or its designee,with the subscriber
radio equipment to be replaced, in good working order, as determined by the CFW or its designee.
USER shall be liable for payment of any fees associated with radios deemed to be not in proper
working order. USER shall be liable for payment of any fees associated with upgrades to subscriber
radio equipment.
First Amendment to Fort Worth City Secretary Contract No.43473 7 of 7
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/20/20 M&C FILE NUMBER: M&C 20-0735
LOG NAME: 04JOHNSON COUNTY COMMUNICATIONS SERVICES AGREEMENT AMENDMENT
SUBJECT
(ALL)Authorize Execution of an Amendment to a Communications Services Agreement with Johnson County for Expanded Services in the
Amount of$1,000.00 for the Use of the City of Fort Worth's Public Safety Radio System
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an amendment to a Communications System Agreement with Johnson County
for expanded services in the amount of$1,000.00 for the use of the City of Fort Worth's Public Safety Radio System.
DISCUSSION:
In 2012,the City of Fort Worth(City)executed City Secretary Contract 43473,a Communications Services Agreement with Johnson County
(County). Under the agreement,Johnson County and its partner agencies provided the radios,radio towers and infrastructure required to provide
coverage for the County, but utilizes Fort Worth's P25 radio master switch,or core,to run its system.
In August 2020,the County approved an amendment to the agreement to augment its radio coverage through the use of the City's radio sites
located near Johnson County. The use of the City's site will help minimize weak coverage currently experienced in some areas in which a County
law enforcement task force operates. The County has agreed to increase the amount reimbursed to the City for the use of this expanded coverage
by approximately$1,000 annually.
A Form 1295 is not required because:This contract will be with a governmental entity,state agency or public institution of higher education:
Johnson County
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and amendment to the communications services agreement,
funds will be deposited into the General fund. The Information Technology Solutions Department(and Financial Management Services)is
responsible for the collection and deposit of funds due to the City.
Submitted for City Manager's Office by. Valerie Washington 6192
Originating Business Unit Head: Kevin Gunn 2015
Additional Information Contact: Kevin Gunn 2015