HomeMy WebLinkAboutContract 45218-A2 CSC No. 45218-A2
SECOND AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 45218
This Second Amendment to Fort Worth City Secretary Contract No. 45218 ("Second
Amendment") is made between the City of Fort Worth ("FORT WORTH"), a municipal
corporation, acting herein by and through Valerie Washington, its duty authorized Assistant City
Manager and CITY OF NORTH RICHLAND HILLS, a municipal corporation, ("USER")
acting herein through Mark Hindman., its dt.dy authorized City Manager.
WHEREAS, FORT WORTH and USER entered into an Agreement identified as Fort
Worth City Secretary Contract No. 45218 beginning December 19, 2013 (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 USER to amend the
Agreement to include additional services of the CFW Trunked Voice Radio Systems.
NOW THEREFORE, KNOWN ALL BY THESE PRESENT, FORT WOR71`11 and USER,
acting herein by the through their duty authorized representatives, enter into this Second
Amendment, which amends the Agreement as follows:
1.
The Agreement is hereby amended by adding Exhibit C, attached to this Second Amendment, as
Exhibit C of the Agreement.
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.45218
[Executed effective as of the date signed by the Assistant City Manager below.]
(ACCEPTED AND AGREED:]
City: User: City of North Richland Hills
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Bv: 71erie.Washington(Sep 6,2022 16:10 CDT) --- By: If w
Name: Valerie Washington Naine: Mark Hindman
Title: Assistant City Manager Title: City Manager
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Date: Date:
Attest:
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By: W
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Governance ONV�r
Approved to Form and 1,egality:
By:
Ntaleshia B. McGinnis, City Attomey
CITY OF FORT WORTH INTERNAL POUTING PROCESS:
Approval Recommended: 'Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
ofthis contract,inel ud ing ensuring all performance
By: and reporting requirements.
Name: Kevin Gunn
Title: IT Solutions Director
By: Lawrence Crockett(Aug 29,2022 14:41 CDT)
Approved as to Form and Legality: Name: Lawrence Crockett
Title: Senior IT Solutions Manager
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Jannette S.Goodall(Sep 7,2022 08:31 CDT) 00 ...0
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Contract Authorization: Name: Jannette S.Goodall
M&C: C-26581 Title: City Secretary
..........
Second-Amendment to FortWorth City Secretary(."'ontract No.45218 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT C
CATEGORY IJERMS 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
"Backup Device" shall mean a smart device to be used to access the Radio System only when the
USER employee's assigned radio subscriber unit is not available. A USER employee's backup
device must not access the radio system simultaneously with the employee's assigned radio
subscriber unit.
"Critical ConnecfFm System" shall mean the service provided by Motorola Solutions, Inc., to
interface external radio communications systems, broadband communications carriers, and other
services to the CFW Radio System. It also includes communications connectivity and local
support services associated with support of Critical Connect.
"Device Support Fee" shall mean the annual fee charged by CFW to offset costs incurred by the
CFW in the administration, operation and maintenance of the Critical Connect System.
"Interoperability Channels" shall mean common channels accessible by Multiple agencies for
the express purpose of providing communications among agencies during multi-agency operations
in accordance with the Interoperable Communications uni cations Plan.
"Radio System Talk Group" shall mean a talk group that is transmitted over the Radio System,
and may be accessed by a smart device.
"Services" shall mean the capability of utilizing a. smart device to conurnmicate over the Radio
Systern via the Critical Connect System.
"Smart Device" shall mean an electronic device utilized to access the Radio Systern, including
but not limited to srnartphones, tablets, workstations and similar devices. It does not include radio
subscriber units,
TERMS OF USE
1. J'he installation and maintenance of the Services is the responsibility of CFW unless otherwise
stated in this Agreement.
2. 'I'he CFW makes no guarantee, either express or implied, as to the performance of smart devices
used with the Services. The USE is responsible for conducting appropriate and applicable testing
to determine the performance and suitability of the Services for the USER's requirements.
Second Amendment to Fort Worth City Secretary Contract No.452 18 3 of 5
3.USE will be responsible for the acquisition,programming,and maintenance of all smart device
equipment and software USE will be utilizing in connection with the Services.
4. USER will be responsible for the acquisition and. renewal of all third-party licenses and fees
associated with the USER's utilization of the services.
5. The CFW will coordinate with the USER for the establishment of user accounts, radio system
talk groups and chat channels to be accessed through the Services, 'File initial implementation and
administration of user accounts and talk groups will be approved by CFW.
6. The CFW will provide access to the Interoperability Channels that may be accessed by the
USER.
7. USE agrees to assign designated smart devices as backup devices to specific radio subscriber
units. ff CFW, at its sole discretion, determines the smart device is being used for purposes other
than as a backup device, USE will be charged the rate applicable to smart device full subscribers
in effect at that time for the remainder of the CFW fiscal year.
8. USER shall use due diligence in the maintenance and security of its smart device equipment to
ensure that no USE smart device causes a.degradation to the Services or Radio System operation..
The CFW shall have the right to remove from operation any smart device owned or ]eased by
USE that is operating on, attached and./or interfaced to the Services, if CFW determines in its
sole reasonable discretion that, such equipment,is causing harm to the Services or Radio System in
any way. tJSER agrees to provide the CFW with the administrative-level privileges necessary to
monitor the number of LJSER's devices and implement actions described in this Exhibit.
9. USER's smart devices may be used for voice communications over the Radio System
infrastructure in accordance with the terms and conditions of this Agreement for as long as this
Agreement rernains in effect.
10. The CFW will be responsible for managing infrastructure loading and demand. CFW reserves
the right, without notice to incru'llbent, users, to enter into a similar agreement with other entities
or to deny the addition of new smart device equipment to any user of the Services, The CFW shall
have sole discretion in determining whether to allow additional users or smart devices based an
CFW's determination of whether such addition to the Services can be made without adversely
impacting the Services or the Radio System.
I I. The CFW, at its sole discretion, will upgrade the Services periodically. USE will be notified
at least sixty (60) days before commencement of the upgrade. USE will be responsible for
ensuring its smart, devices have the software release appropriate to the current software release of
the Services.
APPLICABLE FEES; TERMINATION- REFUNDS
12. USER shall pay the CFW all annual Infrastructure Support Fee in the amount of$2.15 per
month, per smart device. This fee is payable in advance on an annual basis for all. active smart
Second Amendment to Fort Wortli City Secretary Contract No.45218 4 of 5
devices registered to USE at the time of the annual billing. Invoicing will occur on a pro-rata
basis when new smart device accounts are issued, and thereafter, at the beginning of each CFW
fiscal year. There will be no refunds or credits for smart devices removed from service during the
fiscal year,
11 CFW shall have the right to increase any applicable fees under this Agreement each fiscal year
to offset any increased costs incurred by CF W in the operation or maintenance of the Radio System
or Services. Any increase in applicable fees will be effective at the beginning of the next CFW
fiscal year. CFW shall provide USER with 60 days' notice of any intended fee increase,
14. Either USER or CF'W may terminate this Agreement for any reason, with. or without cause,
upon ninety (90) days written notice to the other party, If USER terminates, there will be no
refunds or credits for any fee. If CFW terminates, CFW will issue a refund to the USER. of all
fees, 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
further reserves the right to terminate this Agreement immediately, or deny access to the USER,
upon notice of USER misuse of the Radio System., Notwithstanding the foregoing, the CFW, in
its sole discretion, reserves the right to immediately deny access to the USER if such action is
required to prevent the spread of a security breach. or threatened security breach or due to an
emergency, operational issue, or other critical incident between the Services or Radio System and
the USER's environment. The CFW will use best ef,forts to restore access to the USER as soon
as possible once the security breach, emergency, operational issue, or critical incident is resolved.
COMPLIANCE WITH LAWS
15. 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, directors, officers, agents, authorized representatives,
subcontractors, and consultants for USER Subscriber Radio equipment. Furthermore, the USER
will be responsible for payment of any fines and penalties levied against the CFW (as the license
holder) as a result of improper or unlawful use of smart device equipment owned or ]eased by
USER.
jEnd of Documentl
Second Amendment to Fort Worth City Secretary Contract No.45218 5 of 5
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRT�TII
C
COUNCIL ACTION: Approved on 12/10/2013
Create New From This MSC
REFERENCE ** 04CITY OF NORTH RICHLAND
DATE: 12/10/2013 NO.: C-26581 LOG NAME: HILLS COMMUNICATIONS
SYSTEM AGREEMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Communications System Agreement with the City of North
Richland Hills for Participation in the City of Fort Worth's Two-Way Public Safety Radio
System, at No Cost to the City of Fort Worth (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Communications System
Agreement with the City of North Richland Hills for participation in the City of Fort Worth's Two-Way
Public Safety Radio System. The City of North Richland Hills will reimburse its share of operations
and maintenance to ensure no cost to the City of Fort Worth with annual reimbursement estimated to
be approximately the amount of$73,000.00. In addition, the City of North Richland Hills will
reimburse the City of Fort Worth for its share of the Software Upgrade Agreement.
DISCUSSION:
The City of Fort Worth (City) maintains Agreements to provide access to its two-way radio systems by
other public safety agencies in Tarrant and Johnson counties. In return for this access, external
agencies help offset the City's expenses through the payment of annual fees. In addition, access to
the Fort Worth Public Safety Radio System by multiple jurisdictions enhances the ability of
emergency responders to communicate with one another when responding to incidents.
In November 2013, the City of North Richland Hills (North Richland Hills) approved a
Communications System Agreement to operate on the City's new digital Public Safety Radio
System. North Richland Hills will provide its own radios and dispatch center, but will utilize the City's
radio infrastructure for its public safety communications. North Richland Hills currently utilizes the
City's legacy radio system, and is scheduled to transition to the new system in March 2014. Because
the new system operates under different technical standards, a new Agreement is required.
To ensure the software levels of the radio systems remain current and under support, the City will
utilize a Motorola Software Upgrade Agreement that encompasses all external agencies that maintain
dispatch consoles. The use of a single Software Agreement to cover all users will result in a 9.1
percent discount in the cost for all agencies, including the City. The Communications System
Agreement with North Richland Hills allows the City to invoice North Richland Hills for its share of the
Motorola Software Upgrade Agreement, as well as North Richland Hills' annual subscriber fee which
is estimated to be approximately in the amount of$73,000.00 annually.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Information Technology Solutions
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://apps.cfwnet.org/council_packet/mc review.asp?ID=19274&councildate=12/10/201') 8/29/2022
M&C Review Page 2 of 2
P168 475700 0046020 $73,000.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Peter Anderson (8781)
Additional Information Contact: Alan Girton (8484)
Steve Streiffert (2221)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=19274&councildate=12/10/2013 8/29/2022