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HomeMy WebLinkAboutContract 54773-A3CSC No. 54773-A3 AMENDMENT NO. 3 TO CITY OF FORT WORTH CONTRACT 54773 This Third Amendment is entered into by and between the City of Fort Worth (hereafter 'Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and DigitalMarkets, Inc. d/b/a VistaCom, a Texas corporation ("Vendor"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on November 2, 2020, the Parties entered into City Secretary Contract 54773 to provide the VistaCom recording system ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to include the necessary upgrades to the 911 recorder in order to continue to work with the Motorola upgraded radio system in accordance with Exhibit C-3 in the amount of $21,968.00 and continue maintenance through 2024. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS The Agreement is hereby amended by adding Exhibit C-3, attached to this Third Amendment, for NexLog 740DX software upgrade license and professional services in the amount of $21,968.00 and maintenance costs beginning February 1, 2024 through January 31, 2025 in the amount of $53,682.00. The total cost of the contract is $406,161.00. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. Third Amendment to Fort Worth City Secretary Contract No. 54773 Page 1 of l l ACCEPTED AND AGREED: CITY OF FORT WORTH: a.nN (. By; Valerie ashington (Aug 14, 202311:05 CDT) Name: Valerie Washington Title: Assistant City Manager Date: Aug 14, 2023 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 and reporting requirements. By: Steven Vandever (Aug 10, 2023 08:07 CDT) Name: Steven Vandever Title: Sr. IT Solutions Manager Bv: / APPROVED AS TO FORM AND LEGALITY: Name: Kevin Gunn Title: Director, IT Solutions Department ATTEST: By: Name: Jannette Goodall Title: City Secretary VENDOR: DigitalMarkets, Inc. d/b/a VistaCom By: — — Name: j fM (�1Q�l Title: �"J MAI Date: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C:23-0615 Approved: 8/8/2023 Form 1295: 2023-1047335 L1A AK 0A. Name: Title: Third Amendment to Fort Worth City Secretary Contract No. 54'773 Page 2 of 11 Ft. Worth PD - Eventide Recorder - Motorola 2022.1 Version Update Quote # HOU004951 Version 1 Third Amendment to Fort Worth City Secretary Contract No. 54773 Page 3 of 11 Monday, July 17, 2023 Fort Worth Police Department Joshua Adams 3000 W Bolt St Fort Worth, TX 76110 joshua.adams@fortworthtexas.gov Dear Joshua, Thank you for allowing Vista Com to prepare a quotation for your 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, 1 �kweAo,& Robin Clevenger Regional Sales Manager Vista Com Third Amendment to Fort Worth City Secretary Contract No. 54773 Page 4 of 11 Disclosures All order cancellations are subject to a 35% restocking charge once order has been placed. Your solution 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 Desian - 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 Demaplio s - The point at which the recording equipment is connected to the customer equipment is termed "demarcation point'. e 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 accent the disclosures above as Dart of this aareement. Eventide, Page 3 of 5 Quote #HO0004851 v1 Vista Com Proprietary and Confidential Third Amendment to Fort Worth City Secretary Contract No. 54773 Page 5 of 11 f err% Ft. Worth PD - Eventide Recorder - Motorola 2022.1 Version Update Prepared by: Vista Com Robin Clevenger 281-516-9800 ext201 Fax(281) 518-7055 robin@vistacomtx.com Prepared for Fort Worth Police Department 3000 W Bolt St Fort Worth, TX 76110 Joshua Adams jushua.adams@fortworthtexas.gov 1817)392-3220 Quote Information Quote N: HOUD04851 Version: 1 Delivery Date: 07/17/2023 Expiration Date:09/29/2023 Motorola will be updating Ft. Worth's AIS to version 2022.1 and the Eventide recorder will need to be updated as well. Below is the quote for the licenses to update the Eventide recorder with the new version licenses. The quote reflects HGAC RP07-20. NexLog 740DX NexLog 740OX Software Bundle 1 $18,990.00 $18,990.00 $18,990.00 $18,990.00 Software Eventide User Software Bundle Bundle and Licensing Integration to Matoroia ASTRU 25 system - 1 Subsequent ASTRO v Integration to Motorola ASTRO 25 system - Subsequent ASTRID version - SINGLE AIS W.: JL4ji, liii,oi i„, f,. foi Ull,.sn ide. 1 Mandatory license fee for Upgrade to a subsequent System Release - for same end -customer, PER EACH AIS BEYOND FIRST AIS (Non - Discountable, must be pre- paid) Prof Sery Prof Service Installations Bundle Install Bundle Recorder Solutions Installation Services Includes Site Installation Guides, Project Management, Pre - Configuration, Onsite Installation, System Integrations, and De -trash Eventide" 1 $2,978,00 $2,978.00 $2,978,00 $2,978.00 Page 4 of 5 Quote #HO0004851 v1 Vista Cam Proprietary and Confidential Third Amendment to Fort Worth City Secretary Contract No. 54773 Page 6 of 11 Software $18,990-00 Services $2,978.00 Total $21,M.00 Net 30 None I $2L968.00 Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Signature E► entidt, Date Page 5 of 5 Quote NHOUO04851 v1 Vista Coin Proprietary and Confidential Third Amendment to Fort Worth City Secretary Contract No. 54773 Page 7 of 11 �lowi We have prepared a quote for you Fort Worth PD Maintenance Quote Quote 4 HOU005069 Version 1 Prepared for: Fort Worth Police Department Kathy Agee -Dow Kathryn.Agee-Dow@fortworthtexas.gov Third Amendment to Fort Worth City Secretary Contract No. 54773 Page 8 of 11 9824 Whithorn Drive Houston, Texas 77095 www.vistacomtx.com (800)708-6423 Monday, July 17, 2023 Fort Worth Police Department Kathy Agee -Dow 3000 W Bolt St Fort Worth, TX 76110 Kathryn.Agee-Dow@fortworthtexas.gov 0 N �r Dear Kathy, This proposal is for the continuation of the maintenance contract in effect per agreement of your organization and Vista Com. This quote is for the new period beginning midnight on 2/112024. Failure to receive payment by the expiration date will result in an expired contract whereby you may be subjected to loss of coverage or coverage for time and materials per service event. Continuation of maintenance coverage after an expiration period may also result in an onsite re -inspection of the recording system at the customer expense. Please contact Vista Com Service 30 days prior to contract expiration if you wish to alter the terms of the contract. Robyn Wolverton Operations and Marketing Manager Vista Com Quote 4H00005069 v1 Page: 2 of 4 Third Amendment to Fort Worth City Secretary Contract No. 54773 Page 9 of 11 9824 Whithorn Drive Houston, Texas 77095 www.vistacomtx.com (800) 708-6423 �imj "s Services ]ascription 1 Price I Qty I EA. Price 3elow is the maintenance contract for City of Fort Worth's Eventide recording solution provided by Vista Corn that covers all iardware and software provided by Vista Corn. The renewal dates are from 2/112024-1131/2025. The quote references City Secretary Contract 54773. The list price is $55,292 and the discount is 3%. Prof. Services Annual Maintenance Contracts $53,682.00 1 $53,682.00 Maintenance Annual Maintenance Coverage for Your Solutions Coverage Dates 2/1/2024 thru 1/31/2025 Subtotal Quote #H00005069 vl $53,682.00 Page: 3 of 4 Third Amendment to Fort Worth City Secretary Contract No. 54773 Page 10 of 11 Fort Worth PD Maintenance Quote Prepared by: Vista Com Robyn Wolverton (800) 708-6423 ext. 209 Fax (281) 518-7056 Robyn.Wolverton@vistacomtx.com Quote Summary Vistace M�� Prepared for: Fort Worth Police Department 3000 W Bolt St Fort Worth, TX 76110 Kathy Agee -Dow (817) 392-8461 Kathryn.Agee-Dow@fortworthtexas.gov Quote Information Quote #: H00005069 Version. 1 Delivery Date: 07/17/2023 Expiration Date: 01/31/2024 Description Amount Services 553,682.00 Total: $53,682.00 Payment Options Description Payments Interval Amount Payment Terms Net 30 1 One -Time $53,682.00 Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Vista Com Fort Worth Police Department Signature: Signature: Name: Robyn Wolverton Name: Kathy Agee -Dow Title: Operations and Marketing Manager Date: Date: 07/17/2023 Quote 4H00005069 v1 Page: 4 of 4 Third Amendment to Fort Worth City Secretary Contract No. 54773 Page 11 of 11 M&C Review Page 1 of 3 A Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND Fo RT WORTH Create New From This M&C DATE: 8/8/2023 REFERENCE **M&C 23- LOG NAME: 04VISTACOM EVENTIDE NO.: 0615 RECORDER UPGRADE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize an Amendment to City Secretary Contract No. 54773 with Digital Markets Inc. dba VistaCom to Increase the Contract Amount by $75,650.00 to Upgrade Software and Add Maintenance Costs Using a Cooperative Agreement for a Total Contract Amount of $406,161.00 for the Police Department through the Information Technology Solutions Department RECOMMENDATION: It is recommended that the City Council authorize an amendment to City Secretary Contract No. 54773 with Digital Markets Inc. dba VistaCom to increase the contract amount by $75,650.00 to upgrade software and add maintenance costs using a cooperative agreement for a total contract amount of $406,161.00 for the Police Department through the Information Technology Solutions Department. DISCUSSION: On July 16, 2020, through Mayor and Council Communication (M&C) 20-0425, the City Council authorized execution of an agreement with Digital Markets Inc. dba VistaCom for the purchase of a radio traffic recording system using cooperative agreement General Services Administration (GSA) Schedule No. GS-35F-0415V, in the amount of $252,606.00. On October 20, 2020, through M&C 20-0741, the City Council authorized the department to change the listed cooperative agreement from GSA Schedule No. GS-35F-0415V to Houston -Galveston Area Council (HGAC) Contract No. RP07-20. On November 2, 2020, the City executed City Secretary Contract (CSC) 54773 in the amount of $257,593.00. On March 12, 2021, CSC 54773 Amendment No. 1 was executed to add equipment and professional services to the Eventide Recorder system in the amount of $19,720.00 and document a total contract amount of $277,313.00. On January 28, 2022, the City executed CSC 54773 Amendment No. 2 in the amount of $53,198.00 for annual maintenance and support for the Eventide Recorder system. The total amount of the contract is currently $330,511.00. Motorola requires the City to upgrade the Public Safety Communications System every two years to the newest version for stability and security purposes. The Eventide Recorder system that records all Police Department radio traffic will not work when the Motorola radio update occurs without updating the Eventide integration software. Recordings are used for quality assurance in Communications, as well as pursuit investigations and re -creations, court cases, and Freedom Of Information Act requests. Without the software upgrade and professional integration services provided by Vista Com, Police will not have the ability to record or review any radio traffic. This M&C is to request authorization to execute CSC 54773 Amendment No. 3 to add Eventide NexLog software upgrade and professional services in the amount of $21,968.00 and maintenance costs beginning February 1, 2024 through January 31, 2025 in the amount of $53,682.00. Upon execution of CSC 54773 Amendment No. 3, the new total cost of the contract will be $406,161.00. http://apps.cfwnet.org/council_packet/mc review.asp?ID=31242&councildate=8/8/2O23 8/9/2023 M&C Review Page 2 of 3 Funding is budgeted in the Other Contractual Services account of the Police Communications Department's General Fund and will be budgeted in the Other Contractual Services Account of the ITS APPS Public Safety Department's Info Technology Systems Fund, once City Council approves Fiscal Year 24 Budget. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies State laws requiring that the local government seek competitive bids for purchase of the items. Cooperative contracts have been competitively bid to increase and simplify the purchasing power of local government entities across the State of Texas. SUCCESSOR CONTRACTS: In the event HGAC Contract No. RP07-20 is not renewed, staff would cease purchasing at the end of the last purchase agreement coinciding with a valid HGAC contract. 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 the HGAC contract to make purchases authorized by this M&C. The Cooperative Contract is set to expire June 30, 2024. If HGAC Contract No. RP07-20 is extended, this M&C authorizes the City to purchase similar equipment and services under the extended contract. If HGAC Contract No. RP07-20 is not extended but HGAC executes a new cooperative contract with Digital Markets Inc. dba VistaCom and with substantially similar terms, this M&C authorizes the City to purchase the equipment and services under the new HGAC contract. If this occurs, in no event will the City continue to purchase goods and services under the new agreement for more than three (3) years without seeking Council approval. BUSINESS EQUITY: A goal is not assigned when purchasing from an approved purchasing cooperative or public entity. 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: Upon City Council's approval, CSC 54773 will be amended to include costs for the necessary software upgrade and upcoming maintenance renewal. Maintenance and support for the Eventide Recorder System will begin February 1, 2024 and expire January 31, 2025. RENEWAL OPTIONS: This agreement may be renewed for up to three (3) one-year renewal terms, in accordance with the underlying HGAC contract, at the City's option. 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 funds are available in the current operating budget, as previously appropriated, in the General Fund, and upon adoption of the Fiscal Year 2024 Budget by the City Council, funds will be available in the Fiscal Year 2024 operating budget, as appropriated, in the Info Technology Systems Fund, to support the approval of the above recommendation and execution of the amendment. Prior to an expenditure being incurred, the Information Technology Solutions Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manager's Office bv: http://apps.cfwnet.org/council_packet/mc review.asp?ID=31242&councildate=8/8/2O23 8/9/2023 M&C Review Page 3 of 3 Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Valerie Washington (6192) Kevin Gunn (2015) Donlen Ruffin (2017) 04 Vista Com Eventide Recorder UDarade.docx (CFW Internal) FID Table VistaCom Eventide uparade.XLSX (CFW Internal) Form 1295 2023-1047335.Ddf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=31242&councildate=8/8/2O23 8/9/2023