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HomeMy WebLinkAboutContract 50054-A2 CSC No.50054-A2 SECOND AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 50054 This Second Amendment to Fort Worth City Secretary Contract No. 50054 ("Second Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation and Motorola Solutions, Inc. ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 50054 beginning December 18, 2017 (the"Agreement"); and WHEREAS, on or about September 18, 2018, the Parties subsequently amended the Agreement via CSC No. 50054-Al to increase the amount of the contract by$3,364,284.00 for the purchase of radios,repair services party, and accessories; and WHEREAS,it is the collective desire of both the City and Vendor to amend the Agreement to allow continued purchase of radios and other system equipment and services for three one year terms with a first year amount of$1,462,800.00, second year amount$1,609,080.00 and third year amount of$1,769,988.00 using the Houston-Galveston Area Council Contract No RA05-21. NOW THEREFORE,known by all these present,Fort Worth and Vendor, acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: Sections 6 of the Agreement is hereby amended as follows: 1. H. Additional Purchases. The city may purchase up to $1,462,800.00 in radios and other system equipment and services through Motorola under HGAC contract RA05-21 on as-needed basis through July 31, 2023. 2. 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] OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Second Amendment to Fort Worth City Secretary Contract No. 50054 Page 1 of 2 [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: Vendor: V.rwkti, UXc P By: Valerie Washington(Dec 16,202112:48 CST) By: Name: Valerie Washington Name: Brad Rice Title: Assistant City Manager Title: Area Sales Manager Date: Dec 16, 2021 Date: December 13, 2021 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: 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 By: and reporting requirements. Name: Kevin Gunn Title: Director,IT Solutions By: Approved as to Form and Legality: Name: Alan Girton Title: Sr. IT Solutions Manager By: City Secretary: Name: Taylor Paris Title: Assistant City Attorney p00100000. 4 .7�`I`IG��G c1 C7000��GG P�c° By: Jannette S.Goodall(Dec 16,2021 14:14 CST) ��p °0�0' Contract Authorization: Name: Jannette Goodall 000 g=� M&C: 21-0937 12/14/2021 Title: City Secretary �� ° o*�d ° o d °000°°0°° ,O' ��nEXAS.oAp OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Second Amendment to Fort Worth City Secretary Contract No. 50054 Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication DATE: 12/14/21 M&C FILE NUMBER: M&C 21-0937 LOG NAME: 04AMEND CITY SECRETARY CONTRACT 50054 SUBJECT (ALL)Authorize Execution of an Amendment to City Secretary Contract No. 50054 to Allow Continued Procurement of Radios, Other System Equipment, and Services for the Information Technology Solutions Department from Motorola Solutions, Inc. for Three One-Year Terms with a First Year Amount of$1,462,800.00, Second Year Amount of$1,609,080.00 and Third Year Amount of$1,769,988.00 for a Cumulative Contract Total of$4,841,868.00 RECOMMENDATION: It is recommended that the City Council authorize the execution of an amendment to City Secretary Contract No. 50054 for the existing System Purchase Agreement for additional radios and other system equipment and services for the Information Technology Solutions Department with Motorola Solutions, Inc. using Houston-Galveston Area Council Contract No. RA05-21, or its successors, for three one-year terms with a first-year amount of$1,462,800.00, second year amount of$1,609,080.00 and third year amount of$1,769,988.00 for a cumulative contract total of $4,841,868.00. DISCUSSION: The City of Fort Worth maintains a radio communications system,the North Texas Interoperable Radio Network(NTIRN), utilized by most City departments and almost 180 external government entities. Mayor and Council Communication(M&C)C-28495 authorized a System Purchase Agreement with Motorola Solutions, Inc. (Motorola)in an amount of$1,602,101.00 using Houston-Galveston Area Council(H-GAC)Contract RA05-15 for the acquisition and implementation of radio related capabilities, and establishment of a four-year discount program for the purchase of radios, other system equipment and services. The discount program includes additional discounts of up to 20%off H-GAC pricing for radio equipment and a discount of up to 5%for services. M&C C-28495 also authorized the City to purchase similar equipment and services under successive contracts, stating if H-GAC Contract RA05- 15 is not extended but H-GAC executes a new cooperative contract with Motorola Solutions, Inc.with substantially similar terms as H-GAC Contract RA05-15,that M&C authorizes the City to purchase equipment and services under the new H-GAC contract. The successive contracts are: H-GAC Contract RA05-21 is successive to H-GAC Contract RA05-18 H-GAC Contract RA05-18 is successive to H-GAC Contract RA05-15 This M&C will authorize the City to continue purchasing radios, repair services, parts and accessories on an as-needed basis from Motorola using H-GAC Contract RA05-21, in an amount of$1,462,800.00 for the first year. Future years'expenditures are expected to rise 10 percent each year as follows: $1,602,080.00 in year two and$1,769,988.00 in year three for a three-year total authorization of$4,841,868.00. Other terms and conditions of the existing agreement remain the same. PRICE ANALYSIS-H-GAC provides up to a 25 percent discount off list price for products commonly acquired by the City with no significant pricing increase compared to the last agreement approved by City Council on December 6, 2016(M&C P-11978). In addition, Information Technology Solutions staff negotiated additional discounts of up to 20%off H-GAC pricing in an agreement with Motorola approved by City Council on December 5, 2017(M&C C-28495). SUCCESSOR CONTRACTS-To facilitate planning and budgeting, Staff would prefer to have annual agreements that align with the Fiscal Year. However,the H-GAC agreements are out of alignment with the City's Fiscal Year and the current terms will expire on July 31, 2023. In order for these agreements to align with the City's Fiscal Year, adoption of this Mayor and Council Communication technically authorizes(i)a series of Purchase Agreements, each of which will align to a term of the H-GAC agreement to ensure legal authority exists for the contract, and(ii)an annual spend amount, future years of which would be subject to City Council appropriation. In the event that a Cooperative Agreement is not renewed, Staff would cease purchasing at the end of the last Purchase Agreement coinciding with the valid Cooperative Agreements. If the City Council were to not appropriate funds for a future year, Staff would stop making purchases when the last appropriation expires, regardless of whether the then-current Purchase Agreement has expired. The City will initially use H-GAC Contract No. RA05-21 to make purchases authorized by this M&C. As noted, H-GAC Contract No. RA05-21 expires on July 31, 2023. If H-GAC Contract No. RA05-21 is extended,this M&C authorizes the City to purchase similar equipment and supplies under the extended contracts. If H-GAC Contract No. RA05-21 is not extended, but H-GAC executes a new cooperative contract with Motorola Solutions, Inc.with substantially similar terms as H-GAC Contract No. RA05-21,this M&C authorizes the City to purchase the equipment and supplies under the new H-GAC contract. BUSINESS EQUITY-An M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. 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 the purchase of the item. The contract was competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. 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 TERMS—Upon City Council's approval,the existing agreement will be renewed beginning December 17, 2021 through July 31, 2022 in accordance with H-GAC RA05-21. RENEWAL OPTIONS—The agreement may be renewed for two(2)additional one-year terms at the City's option, in accordance with H-GAC RA05-21. If H-GAC Contract RA05-21 is not extended but H-GAC executes a new cooperative contract with Motorola Solutions, Inc.with substantially similar terms as H-GAC Contract RA05-21,this M&C authorizes the City to purchase equipment and services under the new H-GAC contract. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating budget, as appropriated, of the General Fund and that, prior to an expenditure being made, the participating department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Valerie Washington 6192 Originating Business Unit Head: Kevin Gunn 2015 Additional Information Contact: Kevin Gunn 2015 Expedited