HomeMy WebLinkAboutContract 55013-AD1 CSC No.55013-AD1
ADDENDUM TO THE SERVICE AGREEMENT ORDER FORM
BETWEEN
THE CITY OF FORT WORTH
AND
FLOCK GROUP INC.
This Addendum to the Service Agreement Order Form ("Addendum") is entered into by
and between Flock Group Inc. ("Vendor") and the City of Fort Worth ("City"), collectively the
"parties", for the purchase and integration of license plate reader cameras.
The Contract documents shall include the following:
1. The Service Agreement Order Form; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Service Agreement Order
Form (the "Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum
below by a representative of each party duly authorized to bind the parties hereto, that the parties
hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as
follows:
1. Term. The Agreement shall become effective upon the signing of the Agreement
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 Agreement
may be renewed for an unlimited number of renewal at the mutual agreement of the parties,
each a"Renewal Term,"to allow for the support and maintenance of purchase equipment.
City shall provide Vendor with written notice of its intent to renew at least thirty(30) days
prior to the end of each term.
2. Compensation. City shall pay Vendor an amount not to exceed Five Hundred
Thousand Dollars and 0/100 ($500,000.00) annually in accordance with the provisions of
this Agreement and Exhibit "B,"Pricing Schedule", which is attached hereto and incorporated
herein for all purposes. Goods and services will be provide by Vendor on an as-needed basis.
No specific contract amount is guaranteed. The Fort Worth City Council has authorized a
total aggregate appropriation in the amount of$500,000.00 annually for ten (10) terms.
Vendor shall not perform any additional services for City not specified by this Agreement
unless City requests and approves in writing the additional costs for such services. City
shall not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing. City agrees to pay all invoices of
Vendor within thirty(30) days of receipt of such invoice.
3. Termination. OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Addendum Page 1 of 8
a. Convenience. After the first 12 months of service, either City or Vendor
may terminate the Agreement at any time and for any reason by providing the other party
with 30 days written notice of termination.
b. Breach. If either party commits a material breach of the 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 the Agreement, law, or equity, immediately terminate this Agreement by giving
written notice to the breaching party.
C. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor of such occurrence and the 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.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the 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
City in a machine readable format or other format deemed acceptable to City.
4. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or
penalties or liquidated damages in any amount, City objects to these terms and any such
terms are hereby deleted from the Agreement and shall have no force or effect.
5. Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and
state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under
the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To
the extent the Agreement is required to be governed by any state law other than Texas or
venue in Tarrant County, City objects to such terms and any such terms are hereby deleted
from the Agreement and shall have no force or effect.
6. Linked Terms and Conditions. If the Agreement contains a website link to terms
and conditions, the linked terms and conditions located at that website link as of the
effective date of the Agreement shall be the linked terms and conditions referred to in the
Addendum Page 2 of 8
Agreement. To the extent that the linked terms and conditions conflict with any provision
of either this Addendum or the Agreement,the provisions contained within this Addendum
and the Agreement shall control.If any changes are made to the linked terms and conditions
after the date of the Agreement, such changes are hereby deleted and void. Further, if
Vendor cannot clearly and sufficiently demonstrate the exact terms and conditions as of
the effective date of the Agreement, all of the linked terms and conditions are hereby
deleted and void.
7. Insurance. The City is a governmental entity under the laws of the state of Texas
and pursuant to Chapter 2259 of the Texas Government Code, entitled"Self-Insurance by
Governmental Units," is self-insured and therefore is not required to purchase insurance.
To the extent the Agreement requires City to purchase insurance, City objects to any such
provision, the parties agree that any such requirement shall be null and void and is hereby
deleted from the Agreement and shall have no force or effect. City will provide a letter of
self-insured status as requested by Vendor.
8. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as
a government entity; such provisions are hereby deleted and shall have no force or effect.
9. Limitation of Liability and Indemnity. To the extent the Agreement, in any way,
limits the liability of Vendor or requires City to indemnify or hold Vendor or any third
party harmless from damages of any kind or character, City objects to these terms and any
such terms are hereby deleted from the Agreement and shall have no force or effect.
10. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability
of funds. If such funds are not appropriated or become unavailable,City shall have the right
to terminate the Agreement except for those portions of funds which have been
appropriated prior to termination.
11. Confidential Information. 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. To the extent the Agreement requires that City maintain
records in violation of the Act, City hereby objects to such provisions and such provisions
are hereby deleted from the Agreement and shall have no force or effect. In the event there
is a request for information marked Confidential or Proprietary, City shall promptly notify
Vendor. It will be the responsibility of Vendor 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.
12. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule,
regulation or ordinance of City, the terms in this Addendum shall control.
Addendum Page 3 of 8
13. 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 (I-9). Upon request by City, Vendor shall
provide City with copies of all I-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.
14. 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.
15. Right to Audit. Vendor agrees that City shall,until the expiration of three(3)years
after final payment under the Agreement, have access to and the right to examine any
directly pertinent books, documents, papers and records of Vendor involving transactions
relating to the Agreement. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this
section. City shall give Vendor reasonable advance notice of intended audits.
(signature page follows)
Addendum Page 4 of 8
ACCEPTED AND AGREED:
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(Dec 9,202017•S7 CST) ensuring all performance and reporting
Name: Valerie Washington requirements.
Title: Assistant City Manager
Dec 9,2020
amg�;�
By: Leah Hu ec 7,202013:56 CST)
APPROVAL RECOMMENDED: Name: Leah Huff
Title: Sr. IT Solutions Manager
APPROVED AS TO FORM AND
By: LEGALITY:
Name: Kevin Gunn aq�4oRn��a
aFF°°°r as t D`1
Title: Director, IT Solutions &o°°° ° oad
d ho °opt d By: J B Strong(Dec 9, 2014:26 CST)
ATTEST: US
*o °°°°°°°°o=� Name: John Strong
°a °°° a Title: Assistant City Attorney
a4Z bx A5o4o
far Ronald P. Gonzales CONTRACT AUTHORIZATION:
By: for Ronald P.Gonzales(Dec 10,2020 09:42 CST) M&C: 20-0842
Name: Mary J. Kayser Date Approved: I I/17/2020
Title: City Secretary
Form 1295 Certification No.: 2020-622189
VENDOR:
Flock Group Inc.
Alax Latra✓arse
By: Alex Latraverse(Dec 7,202013:21 EST)
Name: Alex Latraverse
Title: VP of Growth
Date: Dec 7, 2020 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Addendum Page 5 of 8
Exibit B
Pricing Schedule
Addendum Page 6 of 8
FORT WORTH.,_
Event ID Page Invited: EVENT DETAILS
CFW01-20-0128 2
Event Round Version Submit To: City of Fort Worth
1 1 PURCHASING DIVISION
Event Name LOWER LEVEL CITY HALL
RFP Automated License Plate Reader Cameras 200 TEXAS ST.
Start Time Finish Time Fort Worth TX 76102
04/21/2020 17:00:00 CDT 05/07/2020 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by
submitting and signing below,acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Company Name: Flock Safety
Company Address: 1170 Howell Mill Road, Suite 210
City,State, Zip: Atlanta, GA 30318
Vendor Registration No. 0000001717
Printed Name of Officer or Authorized Representative: Alysha Stanton
Title: North Texas Sales Manager
Signature of Officer or Authorized Representative:
Date: 4/28/20
Email Address: aysha@flocksafety.com
Phone Number: 678-294-9804
Bids will be accepted as usual by mail.To hand deliver bids:will be accepted from 8:30am to 1:30pm on
Thursdays at the South End lobby of City Hall. If the bidder wants to hand deliver any other time, bidder will
need to call Purchasing at 817-392-2462 to make an appointment. Bid opening will be occurring through live
stream and can be viewed at fortworthtexas.gov/fwtv/
3
FORT WORTH.,_
Event ID Page Invited: EVENT DETAILS
CFW01-20-0128 3
Event Round Version Submit To: City of Fort Worth
1 1 PURCHASING DIVISION
Event Name LOWER LEVEL CITY HALL
RFP Automated License Plate Reader Cameras 200 TEXAS ST.
Start Time Finish Time Fort Worth TX 76102
04/21/2020 17:00:00 CDT 05/07/2020 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line Details
Line: 1
Description: Qty Unit UnitPrice Total
Community Automated License Plate Reader 1.00 EA
Cameras 2,000/year $2250 year 1
250 one time install
Total Bid Amount: $2250 year 1
$2,000 year 2
$2,000 year 3
etc.
4
11/18/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTII
DATE: 11/17/2020 REFERENCE**M&C 20- LOG 13P AUTOMATED LICENSE PLATE
NO.: 0842 NAME: READER CAMERAS ITS ADK
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL)Authorize an Agreement with Flock Group Inc. d/b/a Flock Safety, in an Amount Up
to $500,000.00 Annually to Purchase Automated License Plate Camera Readers for the
Information Technology Department on Behalf of the City of Fort Worth Police Department
and Code Compliance for an Initial One-Year Term with Nine Options to Renew at the
City's Discretion
RECOMMENDATION:
It is recommended that the City Council Authorize an agreement with Flock Group Inc. d/b/a Flock
Safety, in an amount up to $500,000.00 annually to purchase automated license plate camera readers
for the Information Technology Department on behalf of the City of Fort Worth Police Department and
Code Compliance. The agreement will be for an initial one year term with nine options to renew at the
City's discretion.
DISCUSSION:
The Information Technology Solutions Department (ITS) requested that the Purchasing Division hold a
formal Request for Proposal (RFP)to purchase Community Automated License Plate Camera
Readers for the Police Department. The RFP was advertised in the Star Telegram on Wednesday's,
from April 22, 2020 through May 6, 2020. Dana Safety Supply, Flock Group Inc. d/b/a Flock Safety,
Quest Solutions, and Rekor Recognitions Systems, Inc., submitted responses. A team made up of
members from the Police Department and ITS sat on the evaluation committee and evaluated the
proposals based on the published criteria. Flock Safety scored the highest.
The cameras will be deployed in areas the Police Department determines will provide the biggest
impact. The cameras will be able to provide real time Texas Crime Information (TCIC) and National
Crime Information (NCIC) alerts, and customer defined hot list alerts. The cameras will be able to
capture the license plate and temporary license plates of vehicles traveling up to 60 mph. Additionally,
the cameras will have the capacity to capture vehicles with no attached license plates. Furthermore,
the cameras will be able to detect and record persons and bicycles.
In order to most efficiently use the available budget, the Police Department will initially purchase 48
cameras and 3 years of service for a total of$300,000.00. Annual subscription fees will be due again
in FY23. Additionally, the original year will contain $200,000.00 for the purchase of more cameras
before the first renewal period commences. There will be a one-time purchase cost for each camera
and an annual subscription fee thereafter. The total allocated amount will be $500,000.00 annually as
needed to purchase new cameras for additional areas of deployment. Purchases will be contingent
upon price increase approval by The Fort Worth Police Department at the time of contract renewal.
AGREEMENT TERMS: The agreement between Flock Safety will be for an initial one-year period,
followed by nine one-year renewal terms at the City's discretion.
M/WBE: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance,
because the purchase of goods or services is from sources where subcontracting or supplier
opportunities are negligible.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds are available
in the current capital and operating budgets, as previously appropriated, in the ITS Capital Fund within
project FY20:PD Community Automate LPR, General Capital Projects Fund within project NTA 19-
apps.cfwnet.org/council_packet/mc_review.asp?I D=28411&councildate=11/17/2020 1/2
11/18/2020 M&C Review
Surveillance Cameras, and Solid Waste Fund to support the approval of the above recommendation
and purchase agreement. Prior to an expenditure being the made, the Information Technology
Services, Code Compliance, and Police Departments have the responsibility to validate the available
of funds.
BQN\\
TO
Fund Department Account Project Program Activity I Budget Reference# Amount
ID ID I Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Jay Chapa (5804)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Ashley Kadva (2047)
ATTACHMENTS
apps.cfwnet.org/council_packet/mc_review.asp?I D=28411&councildate=11/17/2020 2/2