HomeMy WebLinkAboutContract 41910-A2AMENDMENT NO. 2 TO
CITY SECRETARY CONTRACT NO. 41910
SYSTEM PURCHASE AGREEMENT
BETWEEN CITY OF FORT WORTH
AND
MOTOROLA SOLUTIONS INC.
CITY SECRETARY J 1/q ~ 11 ? CONTRACT NO . '""'/ ,.. '1 c......
This Amendment No. 2 ("Amendment") to City Secretary Contract No. 4191 O System Purchase
Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth (the "City"), a
home ru le municipal corporation situated in portions of Tarrant, Denton, and Wise Counties, Texas acting
by and through Susan Alanis, its duly authorized Assistant City Manager, and Motorola Solutions Inc.,
("Consultant"), acting by and through Dan Delaney its duly authorized MSSI Vice President collectively
ref.erred to as the "Parties."
RECITALS
The following provisions are true and correct and form the basis of this Amendment:
WHEREAS, on or about June 14, 2011 , the parties entered into a System Purchase Agreement
("Agreement") to purchase a P25 Radio Commun ication System . The Agreement is a public document
on file in the City 's Secretary Office and referenced as City Secretary Contract No. 41910 , and
WHEREAS, the Parties previously amended the Agreement via CSC No. 41910-A 1, to incorporate
changes agreed to during the Design Review and in accordance with the Agreement , to modify pricing
structure, system description , scope of services, acceptance testing, equipment , L TE services , and other
items as deemed necessary and agreed to by the Parties; and
WHEREAS, the Parties wish to further amend the Agreement by extending the pricing provision and
modifying provisions for equipment storage .
NOW , THEREFORE, for good and va luable consideration, the rece ipt and adequacy of which a re hereby
acknowledged, the City and Consul tant agree as follows :
1.
The Agreement shall be modified to extend the pricing prov ision for the Third Party Users of the
City of Fort Worth P25 System , to incorporate modification to the Payment Schedule , and to modify
provisions for equipment storage , that have resulted from the initial Design Review and Change Order 1,
which are fully set forth herein in Exhibit A, Change Order 2, which is attached hereto , incorporated
herein and hereby made part of the Agreement.
05 -23 -1 2 P0 2 :44 I N
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH , TX
2.
All other provisions of the Agreement that are not expressly amended herein shall rema in in full
force and effect.
Executed on this the :13_ day of {Y\_C,f 4
CITY OF FORT WORTH:
B~::;...:;_ity=A""'tt-o-r-ne-=-JY ____ _
Contract Authorization:
M&C: G-17303
Date Approved: June 14 , 2011
CFW / Motorola
Amend men t No.2 to CSC No.419 10
Page 2 of2
,2o fb.
SINC.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH , TX
;;
• MO"rOROLA SOL U T IONS CHANGE ORDER
EXHIBIT A
To Amendment No. 2 to CSC No. 41910
Change Order No. 2 ----------------------
Date: March 25, 2012
Project Name: Fort Worth P25 Upgrade Project -TX-101192A
Customer Name: _C_ity..._of_F_o_rt_W_o_rt_h ______________ _
Customer Project Mgr: Alan Girton ----------------------
The purpose of this ChanQe Order is to:
The purpose of this Change Order is to extend the pricing provision for Third Party Users of the City of Fort
Worth P25 system , to incorporate modifications to the Payment Schedule , and to modify provis ions for
equipment storage, that have resulted from the initial Design Review and Change Order 1.
Contract# City of Fort Worth: Contract 41910
Motorola Solutions Contract: 11-11006/DL
Contract Date: 6/23/11
In accordance with the terms and conditions of the contract identified above between the City of Fort
Worth and Motorola Solutions , Inc., the following changes are approved:
C ontract P. Ad' t nee 11ustmen s
Original Contract Value: $39 ,345 ,641 .55
Previous Change Order amounts for Change Order numbers
I o I 1 1 I - -No Price Adjustments
This Change Order: $0
New Contract Value: $39,345,641.55
C I . D Ad' omp etron ate IJustments
Original Completion Date: 12/31/2014
Current Completion Date prior to this Change Order: 2/28/2015
New Completion Date: N/A
Changes to System Purchase Agreement (SPA) Provisions:
Section 1 (8)(5) is deleted in its entirety.
Section 6 (B) will be replaced in its ent irety by the following :
"Payments to Motorola shall be made according to the following milestones and upon execution of
the Milestone Acceptance Fo rm in the form of Exhibit "F" for each corresponding milestone
completed and Accepted by the City:
30 % of the total contract price will be invoiced after receipt by Motorola of the Notice to
Proceed as def ined in Exhibit A , Section 8;
Fort Worth P25 Upgrade
Project
Page 1 of 3
• MOTOROLA SOLUT IONS CHANGE ORDER
20% of the total contract price will be invoiced upon delivery to warehouses or sites within
the Dallas/Fort Worth Metroplex area of all or substantially all of the equipment ordered as a
result of the Design Review and Change Order 1, excluding any equipment to be ordered
later as a result of site readiness delays or future Change Orders. Prior to invoicing ,
Motorola and the City will conduct an inventory of the delivered equipment. It is estimated
that this milestone will occur in June , 2012 ;
10% of the total contract price w ill be invoiced upon delivery of all or substantially all of the
equipment associated with the Phase 2 sites to the Phase 2 sites, excluding any equipment
to be delivered later as a result of site readiness delays or future Change Orders . Prior to
invoicing, Motorola and the City will conduct an inventory of the delivered equipment. It is
estimated that this milestone will occur in July 2012;
10% of the total contract price will be invoiced upon delivery of all or substantially all of the
equipment associated with the Phase 3 sites to the Phase 3 sites , excluding any equipment
to be delivered later as a result of site readiness de lays or future Change Orders . Prior to
invoicing , Motorola and the City will conduct an inventory of the delivered equipment. It is
estimated that this milestone will occur in 02 2013;
The Phase 2 and 3 sites are further defined and described in Section 2, System Description ,
of the Contract.
15% of the total contract price will be invoiced upon successful completion of the
Acceptance Test Plan for Phase 3 as defined in Exhibit C;
10% of the total contract price will be invoiced immediately after System Acceptance;
5% of the total contract price will be invoiced immediately after Final Acceptance ."
Section 15 of the System Purchase Agreement is replaced in its entirety by the following , with the changes
to the original noted in bold, underlined letters:
"A Third Party User is an entity that enters into a separate written agreement with Purchaser to use
the System for the entity's primary public safety communications needs ("Third Party User"). If the
Third Party User is a governmental entity under the laws of the state of Texas, such Third Party
User shall be ent itled to pricing as set forth in the Section 6(G) for equ ipment to be used primaril y on
the System for a period of time ending on June 30, 2012. From July 1st, 2012 through and
includ ing December 31, 2014, a Third Party User that is a governmental entity shall be entitled to
the follow ing pr icing : H-GAC pricing with the follow ing (1) an additional 9.10 % on infrastructure, civil
work , system services , and subscriber accessories , and (2) an addit ional 20.0 % discount on all APX
6000, APX 6500 , APX 7000, APX 7500, XTS , and XTL subscriber un its and flash kits . Third Party
Users will be required to enter into a contract with Motorola substantially similar to the terms in this
Agreement with adjustments depending upon if the purchase will be equ ipment only or an add-on to
the System."
Changes in Equipment:
There are no changes in equipment with this Change Orde r.
I Changes in Services:
Fort Worth P25 Upgrade
Project
Page 2 of 3
• MO'rOROLA SOLUTIONS CHANGE ORDER
There are no changes in services with this Change Order.
Schedule Changes:
An updated "Change Order 2 Exhibit G Performance Schedule" is provided with this Change Order to
correlate with the changes in the Payment Schedule identified in this document.
Pricinc:1 Chanc:1es:
There are no Pricing changes with this Change Order.
Warranty Changes:
There are no Warranty changes with this Change Order.
Customer Responsibilities:
Please refer to the deletion of Section 1 (8)(5) of the SPA as discussed above.
Payment Schedule Changes:
Please refer to the replacement of Section 6 (B) of the SPA as discussed above.
Unless amended above, all other terms and conditions of the Contract shall remain in full force. If there
are any inconsistencies between the provisions of th is Change Order and the provisions of the Contract,
the provis ions of the Change Order will prevail.
IN WITNESS WHEREOF the parties have ex cuted th is Change Order as of the last date s igned below.
Reviewed by:
1 ~ Date: S/3/tz_
CITY OF FORT WORTH
By :
-~-+-f--,4''+---=-""""'-'f +----
Printed Name:
Title:
Date:
Fort Worth P25 Upgrade
Project
Page 3 of 3