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HomeMy WebLinkAboutContract 41910-A10~P R l 5 20\6 cm OF f0RT'NOR1H ' CITI SECRETARY CITY SECRETARY CONTRACT NO. lj ( C/ IO I' ,l-1 u AMENDMENT NO. 10 TO CITY SECRETARY CONTRACT NO . 41910 SYSTEM PURCHASE AGREEMENT BETWEEN CITY OF FORT WORTH AND MOTOROLA SOLUTIONS INC. This Amendment No . 10 ("Amendment ") to City Secretary Contract No. 41910 System Purchase Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth (the "City "), a home rule mun icipal corporation situated in portions of Tarrant , Denton , and Wise Counties , Texas act ing by and through Susan Alanis , its duly authorized Assistant Ci ty Manager , and Motorola Solutions , Inc ., ("Consultant"), acting by and through Rick Rigsbee , its duly authorized MSSSI Vice President, collective ly referred 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 Communication System . The Agreement is a public document on file in the City 's Secretary Office and referenced as City Secretary Contract No . ("CSC ") 41910 ; and WHEREAS, on or about May 23 , 2012 , the parties subsequently amended the Agreement via CSC No . 41910-A 1, to incorporate changes agreed to during the Design Rev iew and in accordance with the Agreement , t o modify pr icing struct ure , system description , scope of services , acceptance testing , equipment , L TE services, and other items as deemed necessary and agreed to by the Parties ; and further amended the agreement on or about May , 23 , 2012 , via CSC No . 4191 O-A2 , to extend the pricing provision and modify provisions for equ ipment storage ; and further amended the Agreement on or about August 1, 2012 , via CSC No . 4191 O- A-3 to incorporate changes in the Astra Repeater (ARS) site location from Texas Motor Speedway ("TMS ") to American Tower Corporation Roanoke Site ("Roanoke ATC "); and further amended the Agreement on or about January 25 , 2013 , via CSC No . 4191 O-A-4 to incorporate changes for subscriber hardware and installations , training , and work at radio sites deemed necessary and agreed to by the Parties ; and further amended the Agreement on or about April 26 , 2013 , via CSC No. 4191 O-A -5 to incorporate changes in des ign , equipment, and installation for work at Burnett Plaza Site , Roanoke Site , Bergh 2 site , and Eagle Mountain Site ; and further amended the Agreement on o r about August 20 , 2013 , via CSC No . 4191 O-A6 to incorporate changes in design , equipmen t , installation and work at Burnett Plaza Site , Eagle Mounta in Site , Rolling Hills Site , North Beach Site , Roanoke Site, Bergh Site , Bolt Street Site , and Westland 6 Site ; further amended on or about September 16 , 2014 , via CSC No . 41910-A? to incorporate changes in design , equipment, installation and implementation of Public Safety Long Term Evolution (PS L TE) Radio Access Network (RAN) and Remote Agency Core/Gateway connected to and supported by the Harris County, TX Evolved Packet Core (EPC); i ncluding CFW / M OTOR O LA Amend ment No . 10 t o CSC No . 41910 Page 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Aeroflex Service Monitor and DiagnostX Tool; further amended on or about November 26 , 2014 , to incorporate changes in subscriber services reconciliation , subscriber Flash returns , return SmartX training , Bergh 2 antenna replacements , extension of system maintenance services through 2015 , and 1 O NICE Systems Inform concurrent user licenses with Installation , and further amended on or about February 6 , 2015 , via CSC No . 41910-A9 to incorporate a credit for the return and removal of L TE system equipment and provide a pro-rated 11 .33 months of system maintenance services for the year 2016 . CSC Nos . 41910 , 41910-A 1, 41910-A2 , 41910- A3 , 41910-A4 , 41910-A5 , 41910-A6 , 41910-A?, 41910-A8 , and 41910-A9 are hereby collectively referred to as the ("Agreement"); and WHEREAS , the Parties now wish to amend the agreement to add Section 16 Federal Law Enforcement Database Access and the Federal Bureau of Investigation Criminal Justice Information Services Security ("CJIS ") Addendum as required by Title 28 , Code of Federal Regulations , Part 20. NOW, THEREFORE, for good and valuable cons ideration , the receipt and adequacy of which are hereby acknowledged , the City and Consultant agree as follows : 1. The Agreement shall be amended to add Section 16 which shall read as follows : 16 . Federal Law Enforcement Database Access . If Consultant, or any Consultant Personnel , requires access to any federal law enforcement database or any federal criminal history record information sys t em , including but not limited to Fingerprint Identification Records System ("FIRS "), Interstate Identification Index System ("Ill System "), National Crime Information Center ("NCIC ") or National Fingerprint File ("NFF "), or Texas Law Enforcement Telecommunications Systems ("TLETS "), that is governed by and/or defined in Title 28 , Code of Federal Regulations Part 20 ("CFR Part 20 "), for the purpose of providing services for the administration of crim inal justice as defined therein on behalf of the City or the Fort Worth Police Department under this Agreement , Consultant shall comply with the Criminal Justice Information Services Security Policy and CFR Part 20 , as amended , and shall separately execute the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum in the fo rm attached hereto as Addendum A and incorporated herein for all purposes." No changes , modifications, alterations , or amendments shall be made to the Security Addendum . The document shall be executed as is in the attached Addendum A , or as subsequently approved by the Texas Department of Public Safety or the United States Attorney General. CFW / MOTO ROLA Ame ndme nt No. 10 to CSC No. 41910 Pa ge 2 2 . All other provisions of the Agreement that are not expressly amended herein shall remain in full force and effect. Executed on this the /~ay of ~ , 2016 . CITY OF FORT WORTH: S san Alanis sistant City Manager Date : + / t 2 / d-£> / \J7 4~ Senior Ass istant City Attorney Contract Authorization: M&C G-17303 Date Approved : June 14 , 2011 CF W / M OTO ROLA Am endmen t No . 10 t o CSC No . 41910 Page 3 MOTOROLA SOLUTIONS, INC.: Date : _3_/_2'3-+-ll-~--- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CFW / MOTOROLA ADDENDUM A FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM Amendment No. 10 to CSC No . 41910 Page 4 Agency Jdemifi ca ti o n A(J e n cy Nome Ao ency /\<lcll eS.1 FORT WORT H TX /\~Jcn cy Kcp,cscnlo tivc ( lillc nncl Nome ) CHIEF OF POLICE l'I IOI lU N UllliJCI Emoilolltlrc~ Contractor Identifica ti on "5 1 Lu11,;i ~ I ux N umlJur ORI lip 76102 Submit hard copies and any a pplicant finger pri nt cards to : CFW / MOTO ROLA Via USPS: T exas Department of Pu blic Sa fety CJIS Security Office \ Information Te chnology PO Box 4143 MSC 214 Austin , TX 78765-4143 Via overnight carrier. Texas Department of Public Safety CJI S Security Office\ Information Tec hno logy 5805 N. Lamar, Bldg. G A ustin, TX 78752 Email ca n be S<!nt t o: Se ·urit v.Com mi ttee1i/1tx d >s .s tak .t x.us Ma in ollic.: munber is:() 12 ) 424 -5G8G Parti es may use the fo ll owi ng Sec ur ity Add endum with th e Te xas Signatory Pa ge or, in the ir co nt ract ch oose to inco q)Orale th <! Security Adde ndum by refo rence. If th e Add endum is inc orpornti:d by ri:ference into th e co nt rac t, a copy of th .: con tract mus t be provi ded to the TX DPS CJI S Sec urit y Offi ce . Amendment No. 10 to CSC No. 41910 Page 5 CFW / MOTOROLA FEDERAL llUREAlJ OF INVESTIGATION CIUMINALJUSTICE INFORMATION SERVICES SECURITY ADDENDUM Ll"g~il Authority for anti Purpon and Genesis of'the Security Addendum Trndition a ll y, law e nforcem ent nnd other cri min al justi ce agencies hnvc been responsible for the confidentiality of th e ir in fom111 ti on. Accordin gly, until mid-1999, the Code of Fe dernl Re gulations Titl e 28 , Part 20 , s ubpart C , and the Nation ul Crim e lnfonnation Center (NC IC) po lic y paper a pp roved Decembe r 6, 1982, req ui red that th e management and exchange of criminal justice infmmation be perfom1ed by II criminul justice 11gency or, in ce11ain circumstances , by a n oncriminal justice agency under th e m ana gement control of n criminal justice agency . In li ght of th e increasing desire o r gove rnm ental agencies to contract wi th pri vate entities lo pcrfonn a dmini stration or criminal justice functions , th e FRI soug ht ond ohtoincd approval from th1.: United States l)c pm1mcnt of Ju stice (lJO J) to pcrmit such pri va tizati on of traditi onal law enforcem ent fimctions under ce1tain controll ed circumstances. In th e Federal Reg ister o f May 10 , 1999. the FRI publish ed a Noti ce of Proposed Rul cm nkin g, mmouncing us follows : I . Acc1.:ss to C HIU [Cri minal History Record lnfonnationJ and Rel a ted Infomrntion , Subject to Appropriute Control s, b y u Privah: C ontrnct or Pursu a nt to a Specific Ag reement with 1111 Au th orized Governm ental Agency To Perfonn an Administration of Criminal Justice Fun ction (Privatization). Section 534 of title 28 of tht: United Stutes Code 11uthorizt:s the Attorne y (,eneral to exchange id entification , criminal identification , crime, and other records for the official use of a utho1i zcd officials of the federal governm ent , the shttes , c iti<:s , and penal and oth1.:r in stitutions . This st.1tutc also pro vid cs, howe ver, that such exchanges are sul~ject to cancellation if d issemination is mndc outside the receiving departm ent s or related age ncies . Agencies authoriz1,;d access to C HRI traditionall y have been he si tant to di sclose that infonnati o n, even in furth erance of aut hori zed criminal justi ce function s, to anyone other than actual agency employees lest such di sclosure be v iewed as 1m 11uthorized . In recent ycars , howcvcr, govemmcntul agencies seckin g grea ter efficiency and economy have become in creas in gly interested in obtaining support sc1viccs for Lhc administration of criminal justicc from the pri va te setJ tor. With tht: coneu1n:ntJe of tht: J.'BJ's C riminnl Ju s ti ce lnfonnat io n Services (CJIS) Advisory Policy Doard, th e DOJ hn s concluded that disclos ures to privat e persons and entities providin g suppoi1 services for criminal justice 11gencies ma y, wht:n subject to appropriate l.lontrols , properl y be v iewed as penniss ible disclosures for purposes of compliance with 28 l .S.C . 5:-4 . We arc therefore proposi n g to revise 28 C FR 20 .33(a) (7) to provi de express authority for such arrangements. 1l1e proposed authority is s imilar to the 11uthorily that already exists in 2 8 C FR 20 .2 l(b)(3) for stntt: 1111d loc11l C HRI systems. Prov ision of C HRI under this authoiity wo u ld only be permitted pursuant to a specific agrccm1,;nt with an authorized govcrnmcnlal Amendment No . 10 to CSC No . 41910 Page 6 CFW / MOTOROLA agency for th e purpose of providing sc1vices for the adm in is tration o f criminal justice. The agreement would be re quired to incorporate a security addendum approved by the Direc tor of th e FBI (actin g for th e Att orn ey General). The security addendum would specifica ll y authorize access to CHRI, limit the use of the in forma ti o n to Lh c specific purposes for w hi ch it is bcing prov idcd, cns ure th c sccurity and confidcntiality of th e information cons istent with a pplicahl c la ws a nd regul ati ons , provide fo r sancti o ns , and conb1in s uch other prov is ions us thc Director of thc FBI (ucting fo r th e A tt o rn ey Gcnc:m1 l) m11 y require . 'Ili c security 11ddendum , buttressed b y ongoing a udit programs of both the FBI and the s ponsorin g governm ental agency, will providc 1111 11ppropri11tc balancc bctwccn th e benefits of privatization. protection of individual privacy interests, and preservat ion of the security ofthc FRl's C HRI sys tems. The FBI will de velop a security addendum to be made avail a ble to interested govern m enta l agen c ies. We anticipate that the securit y addendum wi ll includ(;; physical and person n el security cons trnin ts historically rcc1uircd by NC IC security p ract ices a nd other programmatic requirements. togeth er wi th personal integrity and e lectronic security prov isions comparable t o th ose in NC l C Us cr Agrecnu:nls b e twcen th c FBI a nd criminal justice 11gencie s, and in cx is tin g M1m 11gem ent C ontrol Agreements between criminal justice agencies and noncriminal justice gove rnmental e ntiti es . The sec urit y addendum wi ll make c lear thut access lo CHR l will be limitc.:d lo those officers and employees of th e private contrac tor or its subcontrnctor who re qu ire the inform ati on to properly perfonn services fo r the s po nsorin g governm enta l 11gency, and th ut the service provider m ay n o t access , modify, use, or di sse minate such infomrntion for inconsistent or unauthorized purposes . Consistent with such intent, T it le 28 of the Code of Federal Regulations (C.F.R .) was amended to read : § 20 .33 Disse mination of cri minal hi s to ry record infonnation . a) C rimin a l history r ecord infonnalion contai ned in the Int e rsta t e ldentilication Index (Ill ) System an d th e Fingerprint Jdentilication Records System (FIRS) m ay he made avail ab le : 1) To oriminul justice ugc.:ncies for e riminnl justice purposes. w hi ch purposes include the scr ee ning of employees or applicants for t.mploymenl hired by cri minuljusliec agencies . 2) To noncriminal justice governmental agcneics perfonning criminal justice dispatching functions or data processing /information serv ices for cri m ina I justice agencies ; and J) To priva te contrnctors pumrnnt to 11 s p ecific agreement with an agency identified in p11ragraph s (a)(l) or (.i)(6) of thi s secti o n a nd for th e purpose of providing services for th t: administration of criminal jus ti ce pursuant to th at agreement. T h e agreement must incorporate a security adden du m a pproved by th e Attorn ey Genera l of the United Am en dment No . 10 to CSC No. 41910 Page 7 CFW / MOTOROLA Sta tes , whic h shall specifi ca ll y aulhmi7.c access to criminal history record infonnation. limit th e use of the inform ation to the pw·poscs for whic h it is provided, ensure lhe security and confidentiality of lhe infonnation consistent wit h these regulations , provi de for sanctions, and contain such other provisions as the Allomcy General may require. The power 1md Hul h ority of tht: Attorney Ut:nt:rnl hert:under shall he exercised by the FBI Director (or the Dircctor·s dcsignec). This St:curily Addendum , 11ppendt:d lo 11nd incorpornted by rt:fort:nct: in 11 government-private sector con tract entered into for such purpose, is intended to insure that lht: benr.:Jits of privatization 11re not attained with an y 11ccomp11nying degrnd11tion in the security of th e national system of criminal records accessed by the contracting private party . This Security Addendum addresses both conccms fo1 · person a l integrity and electronic sccmity which have h cc n addressed in previous ly executed user agreements ,md management co ntrol agreements . A government agency may privatize functions traditionall y perfonned by criminal justice agencies (or noncriminal justice agencies acting under a mmrngement control agreement), subject to the tenns of this Security Addendum . If privatized, acct:ss by a pri vate co ntractor's personnel to NCIC data and other C.TJS infom1ation i~ re~tricte<l to only that necessary to perfonn the privati zed tasks consistent with the government agenc y's limction and the focus of the contract. If privatized the contractor may not access, modify, use or disseminate such data in any manner not expre ssly authorized hy the govemment agency in consultation wi th the FBI. Amendment No . 10 to CSC No. 41910 Page 8 CFW / MOTOROLA FEDER-\L BlJREAlJ OF INVESTIGATION CHIMINAL ,JUSTICE I N FORMATION SERVICES SECUHITY ADDENDUi\•I '1110: goal of this documt:nl is lo :m gmt:n l the CJ IS Security Policy lo o:nsure ado:qu11le security is provided for criminal justice systems while (I )under the control or manage ment of a private entity or (2) connectivity lo FBI CJIS Systems has bc<;n provided to a pri al<; <;ntit y (contrnclor). Adequ11te securit y is defined in O tlice of tvlun ugemo:n l und Budget Circu lar A- 130 as "sec111ity commensurate with the risk and magnitude ofhnm1 resulting from the loss , misuse, or unuuthorizt:d 11ccess to or modific:ition of infonnulion." The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with federal und slnte laws , regulutions , :me! standards (including the CJI S Security Policy in effect when the contract is executed), as well as with policies and standards established by the C riminal Justice lnfom1ation Services (C.nS) Advisory Policy Board (APR). This Sccmity Addendum identifies the duties and responsibilities with respect to th e installation and nrnintcmm c<,; of ad<;qual<.: internal controls within lhc conlnt<;lual relationship so tlrnt !h t: securit y und inlt:grily oflht: Fl3J's infonnution resources are not compromist:d. Tht: security program shall include consideration of personnel security, site security, system security, and dat a sec urity, und tt:chnicul st:c urity . Th<.: provis ions of this Sc<.:urity Addendum appl y to all personnel, systems , networks 1111d support focilitits supporting ancVor act in g on bdrnlf oftht: govtmmt:nt agt:ncy . 1.00 Definitions 1.01 Contracting Government Agency (CCiA) -Lhe govemm enl agency, whether a C ,iminal Justice Age ncy or a N oncriminal Justice Agency, which enters into an agreement with a private eonlrn<;\or subject lo this Security Addcndum. 1.02 Contractor • a pri va te business , organization or indi vidual which has entered into an 11gret:mt:nt for the: 11dministrntion or crimim1l just ict: with II Criminal Justice Agency or 11 Noncriminal Justict: Agency. 2 .00 Responsibilitit:s oftht: Contrncling Gon:rnmt:nt Agt:ncy. 2.01 Thc CGA will ensure that each Contrnctor cmploy<,;c rccciws a copy of the Securit y Addendum and the CJ lS Security Policy and txecutes an 11cknowlcdgmt:nl of such rect:ipl and the contents of th e Security Addendum. The signed acknowledgments shall remain in the possession of the CGA and available for audit purposes . J.00 Responsibilities of the Contractor. 3.01 ·111e C ontrnctor will maintain a s<.:curily program consistent with federal and state laws , regulations. and standards (including the CJIS Security Policy in effect when the contract is executed), as wc11 as with policies and standards established by the C riminal Justice lnforrn11lion St:rvices (CJIS) Advisory Policy B011nl (APB). 4.00 Security V ioh1lions . 4 .01 The CGA must report securit y violations to th e CJIS Systems Officer (C SO) and the Director, FBL 11long with indic11tion s or :ictions taken by the CGA and Conlrnclor. Amendment No . 10 to CSC No . 41910 Page 9 CFW / MOTOROLA 4.02 Securit y vio lation s can justify tcnnination of the a ppen d ed agreement. 4 .03 U pon notifi cation, the rm reserves the right to: a. J.n vesti ga tc or declin e to in ves tigate.: a ny rcport of unauth orized usc: h . Suspend or tcnninatc access and serv ic es . in c luding telecommunications links . 5.00 Audit Tho: FBI wi ll provide th e CSO wit h timdy writte n notice of th e suspt:ns ion. Acct:ss imd services w ill be reinsll1tt:d onl y ull t:r satisfactory 11ss uru nces h ave;: been provided to the rm by the C .J A and Contractor. Upon tem1in ation , th e Contractor's ro:cord s cont11ining C HRI must be dt:lt:tt:d o r rt:tumed to the CGA. 5 .01 The rm is a uth orized to perfon n a finnl audit of th e Contructor's systems nfter tcnninati on of th e Security Adde ndum . 6 .00 Scope and A uth o rit y 6 .01 This Sec urit y Ackk:ndum dot:s not confor, grn nt or m1thori zt: any rights, privilt:ges, or obligations on 11ny pe r.;ons other thnn th t: C ontractor, CGA, CJA (wh ert: npplicabl c), CSA, and FBI. 6 .02 The fo llowing documents are in corporn ted by refere nce and made p1111 of this agreement : (I) th e Security Addendum ; (2) the NC IC 2000 Operatin g Manu al ; (3) th e C.IIS St:curity Pol icy; a nd (4) Titl e 28 , Codt: of h::do:rnl Regul ati ons, Part 20. Tht: partit:s art: also subject to applicable federal and state laws and regulations. 6 .0 3 Thc terms sci forth in thi s d oc umcnl do not const itute.: the soil: unders ta nding b y and between the pa rti es hereto ; rather th ey augment the provisi o ns of the CJI S Security Policy lo provi de a minimum basis for the securit y of the system and contai ned information and it is understood th at then; may bc tcm1s and conditions of the appended Agreement which impose more sttingen t requirement s upo n the Contra ctor. 6 .04 This Security Addendum may on l y bt: m od ified by th t: FBI, a nd may no t be modified by th e p arti es to the appended Agreement without the consent of th e fl3I. 6 .05 A ll notict:s and corrt:spondence shall bt: forw11rdt:d by First C lass m ail to : Assisllml Din:ctor Crimina l .Justice lnfonnation Se 1vi ces Di v ision , ffil 1000 Custer Hollow Road Clarksburg, Wes t Vi rgini a 26306 Amendment No . 10 to CSC No . 4 1910 Page 10 FEDERAL llUllliAU OF INVESTIGATION CRIMINAL JUSTICE INFORi\'IATION SERVICES SECURITY ADDENDUM CERTIFICATION I hereby certify th a t I um fn miliur wi th th e co nlcnt~ of (1 ) th e Security A dde ndum , including it s legal auth o rity and purpose; (2) the NC IC 2000 O p era tin g Manu a l;(>) th e C.ns Security Po licy ; a nd (4) Title 28, Code of Fedurnl Re guh1 lio ns, P a rt 20, 11n d agree lo be b o und b y th e ir p rovis ion s . I recognize th at criminal hi s tory record in fo mrnli on and reluted da ta, by its very n ature , is sen si ti ve a nd lrn s potential for great h a nn if mis used. I ackn owledge that access t o criminal hi s to ry record infonnation a nd re lated data is therefore limited to th e purpose(s) for which a governm e nt agency h ns ente red into th e contrac t in corporatin g thi s Security A ddendum. I unders tand that mi s use o f th e sys tem by, am o ng oth er thin gs: access in g it without autho rization ; accessi n g it hy exceedin g authoriza ti on ; access in g it for an impro p er purpos e ; u s ing, di ssem inatin g or r-:-diss<.minating infomrntion rece ived as a r-:sult of thi s contract for a purpose other th a n that e nvi sioned by th e con tract, may s ul~jec t me to administrative a nd c rimin a l p e na lti es. I understand that access in g th e system for an approprinte JJU[l)O Se nnd then using, di ss eminating or re-disseminating the information re<.eived for another purpose other than execution of the conlrnct a lso constitutes mis use. l further undcrsl,u1d that the occurrence of mi s use docs no t depend upon whether or not I rece ive 11dditi o nal compcns11lion for s uch 11uthori zed 11ctivily. Such exposure for misuse in c ludes, but is n ot limi ted to , suspension or loss o f employm e nt and prosecution for stale and fe deral c rim es . Si g n a ture or Contractor Employee Date P r int e d o r T y p e d Contractor Empl oyee Name S ex: Rael!: DOH : Sig n a tu r e of Contractor Re prese ntati ve Printed or T)1J ed Na m e ofContrnetor Repres,mtative Organization Namc and Represe ntative's Title CFW / MOTOROLA Amendment No. 10 to CSC No. 41910 Page 11 State/I D or DI ,: Date CFW / MOTOROLA Texas Sil(natory !'age ·11ie undersigned pa1iies .ign:e that the Sec urity A ddench.1m is now a pai1 of the contract between the entitit:S . The parties agree to abide by all requirem~-nts of the Semrity Atltlend1m1 and the C JJS Semri~y Polily, .md it shall remain in force for tht: lt:rm of the contract. An y violation of this addendum con stitutt:S a brt:ach oftht: contracl. To the extent there is a conflict between a confidentia lity clause in the underlying contract and th e Secu rity //cldenclzun and/or the C f!S Secu rity Policy, th e Secu ri~ ,lcldenc/11m and the C JI S Security Po licy sha ll goVt:m any information covered by the SeG·11rity Addendum ;m d/ur the CJJS Security l'o lil:)'. (To be signed and dated by the vendor and law enforcement agency representative(s) who signed the original contract, or at least who have authority to bind each entity.) Printed Name uf Ag ency Representative Chief of Pol ice Signature of Agency Representative Title Fort Worth Police Department \gency Na me and ORI Date Title Vendor Organi7.ation Name Amendment No. 10 to CSC No . 41910 Page 12 ~ Offlc,a l site of the City of Fort Worth, Texas CITY COUNCIL. A GENDA DATE: CODE: SUBJECT: COUNCIL ACTION: Approved on 6/14/2011 -19735-06-2011 6/14/2011 REFERENCE NO.: G-17303 LOG NAME: 13TAX NOTES 11 G TYPE: NON -CONSENT PUBLIC HEARING: NO Approve One-Time Exception to the Financial Management Policy Statements to Allow the Use of Debt Structures Involving Balloon Payments for the Sole Purpose of Financing the Upgrade to the City 's Public Safety and Public Works Radio Communications System V ia Tax Notes , Adopt Ordinance Authorizing Issuance of Tax Notes in the Principal Amount of $43 ,050 ,000 .00 , Approving the Sale of the Notes to JP Morgan Chase, Provid i ng for the Levy , Assessment and Collection of a Tax Sufficient to Pay the Interest on Said Notes , Create a Sinking Fund for the Payment of the Principal Thereof and Ordaining Other Matters Related Thereto , Authorize Exec ution of a System Purchase Agreement in the Amount Not to Exceed $39 ,345 ,641 .55 with Motorola Solutions , Inc ., for Equipment and Professional Services Using a Houston-Galveston Area Contract , and Authorize Execution of Amendment No. 2 to City Secretary Contract No . 40264 with Buford Goff & Assoc iates to Provide Engineering and Quality Assurance Services in the Amount Not to Exceed $2 ,900 ,000.00 RECOMMENDATION: It is recommended that the City Council : 1. Approve a one-time exception to the Financial Management Policy Statements to allow the use of debt structures involving balloon payments for the sole purpose of financing the upgrade to the City's Public Safety and Public Works radio communications system v ia Tax Notes ; 2. Adopt the attached ordinance authorizing the issuance of Tax No tes in the principal amount of $43 ,050 ,000 .00 , approving the sale of the notes to JP Morgan Chase ; providing for the levy , assessment and collection of a tax sufficient to pay the interest on said notes and to create a sinking fund for the payment of the principal thereof and orda ining other matters related thereto ; 3 . Authorize execution of a system purchase agreement in the amount not to exceed $39 ,345 ,641 .55 with Motorola Solutions , Inc ., for equ ipment and professional services using Houston-Galveston Area Contract number RA01-08 ; and 4. Authorize execution of Amendment No . 2 to City Secretary Contract No . 40264 with Buford Goff & Associates to provide engineering and quality assurance services in the amount not to exceed $2 ,900 ,000 .00 . DISCUSSION: If approved , this M&C will approve a one-time exception to the Financial Management Policy Statements (FMPS) regarding debt structures with balloon payments , authorize the issuance and sale of Tax Notes to JP Morgan Chase i n order to fund the project to upgrade the City's public safety and public works radio communications system instead of using the lease-purchase agreement previously approved , and authorize the execution of the related purchase and services agreements . The FMPS , adopted by the City Council on December 14 , 2010 , prohibits balloon debt repayment schedules which consist of low annual payments and one large payment of the balance due at the end of the term . However, due to a unique combination of circumstances , including rare market conditions , http ://apps.cfwnet.org /council _packet/mc _review.asp?I D= I 5442&counc il date =6/ 14/2011 [ I I/ I I /2014 8:29: IO AM] M&C Rev iew financing restrictions, and the urgency of the project to ensure continued maximum public safety, staff is seeking a one-time exception to the policy for the sole purpose of funding this long-term project via Tax Notes which have a maximum life of seven years . The principal pay-down schedule would mirror a standard 10-year issue for the first six years , thus avoiding the spirit of typical balloon-payment financing . It is anticipated that the Tax Notes will be refunded prior to final maturity to accomplish proper amortization periods . On May 17 , 2011 , (M&C P-11234 revised) the City Council approved the acquisition of hardware , software and services to upgrade the City's public safety and public works radio communications system . On this same M&C , the staff recommendation was to fund this project via a lease-purchase agreement with Motorola . On today's Agenda is M&C G-17302 for separate consideration as staffs recommendation to rescind that authorization and repeal the related ordinances . Because of current market conditions , the City can finance this project quickly via Tax Notes , resulting in a projected savings of approximately $500 ,000 .00 annually over the lease-purchase cost. Although the method of financing is transferring from lease-purchase to financed purchase , the General Fund will continue to be the source of repayment. The upgrade to a current generation digital system will more effectively meet the requirements of first responders , and fulfills state and federal objectives for interoperability amongst the region's similar agencies . This system will replace the City's current system acquired in 1992 , which is no longer supported by the manufacturer. On September 16 , 2008 , M&C C-23055 was approved , authorizing Buford Goff and Associates, Inc ., (BGA) to perform an assessment of the public safety radio system. In March 2009 , BGA presented a report that key components of the system had reached end of their life expectancy , were no longer supported by the manufacturer and could suffer failures when taxed by emergencies and increased traffic . In light of these factors , the City was encouraged to act as soon as possible . On May 18 , 2010 , City Council approved M&C C-24221 authorizing BGA to develop a master plan for the City to upgrade its radio systems , and negotiate a competitively-priced agreement with the City's communications provider, Motorola Solutions , Inc . The master plan reinforced the urgency of the 2009 study . Given the current fragile state of the system , increasing service outages , the unavailability of replacement parts , and the financial challenges the City is facing , the Master Plan attempted to balance these factors and ensure a stable , reliable and secure communications infrastructure for Police , Fire , Water, Transportation and Public Works , Parks and Community Service and other City departments. On June 15 , 2010 , M&C C-24272 was approved to authorize the acquisition of the Project 25 (P25) standard master switch , or the core , of a current generation radio system along with one small site to operate as a potential backup to the existing system . The plan proposed by BGA and Motorola Solutions , Inc ., builds upon the installation of this master switch and the initial site . Because of the magnitude of this project , the full build-out and migration is expected to require almost 48 months to complete . Assuming contract execution in July 2011 , the project would be scheduled for completion in the first quarter of 2015 . The total cost of the project is estimated not to exceed $53 ,000 ,000 .00. This total includes $39 ,345 ,641 .55 for hardware , software and services acquired through the System Purchase Agreement with Motorola Solutions, Inc.; $2 ,900 ,000.00 for engineering , consulting, and other professional services from BGA through March 2015 ; and additional costs for project management and site construction . Additional M&Cs will be submitted to the City Council for approval of these other project costs as necessary . Staff recommends execution of the System Purchase Agreement with Motorola Solutions . Under this agreement , the system implemented will include expanded coverage areas , specifically in west Fort Worth and at Texas Motor Speedway , and it will provide additional security features which will help prevent unauthorized monitoring of public safety communications transmissions. Public works personnel will also utlize a segment of this system , and if a significant event occurs , public safety personnel will have access to the public works portion as well. Ongoing support capabilities will be enhanced through http://apps.cfwnet.o rg/co unci l__packet/mc _rev iew.a s p?ID =J 5442&cou nci ldate =6/14/20 I I [I 1/11 /20 14 8:29: IO AM ] .. ,, 7x24 monitoring and dispatch by Motorola's network operations center . Staff also recommends execution of Amendment No . 2 to City Secretary Contract No . 40264 with Buford Goff & Associates for the provision of eng ineering, consulting and other professional services through March 2015 . These services w ill include detailed work regarding system design reviews , frequency licensing , acceptance testing and other cr itical program functions . Staff is continuing to explore cooperative measures with other agencies for potential cost sharing and joint participation . This project is structured in such a way to enable such measures if they are realized in the future . It is anticipated that the Crime Control and Prevention District (CCPD) will transfer funds , at a future date via M&C , to offset a portion of the tota l cost and provide a funding source for the Fiscal Year 2012 debt serv ice payment. Additionally , it is anticipated that the City Manger's Proposed Budget will include General Fund debt service transfers beginning in Fiscal Year 2013 . PRICE ANALYSIS -The HGAC contract offers fixed discounts ranging from five percent to 25 percent , which remain unchanged from the previous purchase Agreement approved by City Council on March 18 , 2008 , M&C P-10750. Staff reviewed the pricing and determined it to be fair and reasonable . 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 purchase of the item. The Houston-Galveston Area Council contract was competitively bid to increase and simp l ify the purchasing power of government entities . M/WBE -Buford Goff and Associates , Inc ., agrees to maintain its initial M/WBE commitment of five percent that it made on the original agreement and extend and maintain that same M/WBE commitment of five percent to this Amendment No . 2 . Therefore Buford Goff and Associates , Inc ., remains in compliance with the City's M/WBE Ordinance and attests to its comm itment by its signature on the Acceptance of Previous M/WBE Commitment form executed by an authorized representative of its company . A waiver of the goal for M/WBE subcontracting requirements for Motorola Solutions , Inc ., was approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible . FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds will be available upon completion of the sale , closing and delivery of approximately $43 ,050 ,000 .00 City of Fort Worth , Texas , Tax Notes , Series 2011 . The Fi nancial Management Services Director also certifies that funds will be available to make the debt service payments on these obligations , and funds will be availab le in the General Fund , as appropriated , to satisfy the City's obligations . TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Karen Montgomery (6222) Lena Ellis (8517) James Mauldin (2438) http ://apps.c fwnet.or g/council_packet/mc _review.a s p?I D= I 5442&council date=6/14/201 1 [ 11 /11 /20 14 8:29 : I O AM] M&C Rev iew note ord draft 060611 doc http://a pp s.cfwnet.org/council_packet/mc_review.asp?lD=I S442&co un ci ld ate=6/l4/2011 [11 /11/20 14 8:29: IO AM]