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HomeMy WebLinkAboutContract 50054-A10AMENDMENT NO. 10 TO CITY OF FORT WORTH CONTRACT 50054 CSC No. 50054-Al0 This Tenth 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 Motorola Solutions, Inc. ("Vendor"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on December 18, 2017, the Parties entered into City Secretary Contract 50054 through a Houston-Galveston Area Council Cooperative Contact and its successors ("HGAC Contract") to provide Communication System and related services ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to increase the compensation amount by $5,267,481.00, for a new year three total of $10,981,617.00; and WHEREAS, the Parties also wish to amend the Agreement to add three additional renewal terms in accordance with the HGAC Contract with a 10 percent annual increase for years four through six, $5,318,911.80 in year four, $5,538,544.48 in year five and $5,802,233.03 in year six. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS The Agreement is hereby amended to increase the compensation amount in year three of the Agreement by $5,267,481.00, for a new year three total of $10,981,617.00. The Agreement is further amended to add three additional renewal terms, in accordance with the HGAC Contract, with a 10 percent increase for each year, years four through six. The total contract amount for year four of the Agreement will not exceed $5,318,911.80. 2. ALL OTHER TERMS SHALL RE MAIN 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 an original. Tenth Amendment to Fort Worth City Secretary Contract No. 50054 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Ji��� Name: Mark McDaniel Title: Deputy City Manager Date: Jun 28, 2024 APPROVAL RECOMMENDED: By: Name: Kevin Gunn Title: Director, IT Solutions Department ATTEST: By: Name: Jannette Goodall Title: City Secretary VENDOR: :•torola Sol2•w tC ___ _ Name: Brad Rice Title: Area Sales Manager Date: June 25, 2024 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: Lawrence Crockett (Jun 27, 202416:35 CDT) Name: Lawrence Crockett Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0533 Approved: 06/25/2024 1295:2024-1139355 ATTEST: By: Name: Title: Tenth Amendment to Fort Worth City Secretary Contract No. 50054 City of Fort Worth, Mayor and Texas Council Communication DATE: 06/25/24 M&C FILE NUMBER: M&C 24-0533 LOG NAME: 04MOTOROLA RADIO REFRESH CSC 50054 SUBJECT (ALL) Authorize Amendment to City Secretary Contract No. 50054 with Motorola Solutions, Inc., Using Houston-Galveston Area Council Cooperative Contract No. RA05-21 and its Successors for the Acquisition of Public Safety Radios, Associated Equipment, and Services to Increase the Authorized Year-Three Amount by $5,267,481.00 for a Revised Year-Three Amount Up to $10,981,617.00 and Authorize Three Additional Renewal Terms with Fourth-Year Amount Up to $5,318,911.80, Fifth-Year Amount Up to $5,538,544.48, and Sixth-Year Amount Up to $5,802,233.03 for the Information Technology Solutions Department RECOMMENDATION: It is recommended that the City Council authorize an amendment to City Secretary Contract No. 50054 with Motorola Solutions, Inc. using Houston- Galveston Area Council Cooperative Contract No. RA05-21 and its successors for the acquisition of public safety radios, associated equipment, and services, to increase the authorized year-three amount by $5,267,481.00 for a revised year-three amount up to $10,981,617.00, and authorize three additional renewal terms with fourth-year amount up to $5,318,911.80, fifth-year amount up to $5,538,544.48, and sixth-year amount up to $5,802,233.03 for the Information Technology Solutions Department. 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 200 external government entities. On December 5, 2017, Mayor and Council Communication (M&C) C-28495 authorized a System Purchase Agreement with Motorola Solutions, Inc. (Motorola) in an initial annual 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 percent off H-GAC pricing for radio equipment and a discount of up to 5 percent for services through December 17, 2025. Accordingly, the City executed City Secretary Contract No. 50054 (Agreement) with Motorola. 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 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. On December 14, 2021, City Council approved M&C 21-0937 authorizing an amendment to the agreement with Motorola for additional radios and other system equipment & services 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 up to $4,841,868.00. On June 28, 2022, City Council approved M&C 22-0496 to acquire public safety radios and associated equipment and increase the contract amount in year two by $2,797,260.00 for a revised year two amount up to $4,406,340.00. This M&C revised the cumulative contract up to $7, 639,128.00. On April 23, 2024, City Council approved M&C 24-0311 authorizing an amendment to the agreement with Motorola for an additional radio tower and communication equipment in the amount of $3,944,148.00 for a revised year-three amount up to $5,714,136.00. This M&C will authorize the City to continue purchasing radios for Radio Refresh, additional radio consoles, communication equipment, and services with an increase of spend authority in the amount of $5,267,481.00 for a revised year-three amount up to $10,981,617.00 and authorize three additional renewal terms in the amount of $5,318,911.80 in year-four. Future years' expenditures are expected to rise 10 percent each year as follows: $5,538,544.48 in year five and $5,802,233.03 in year six. This M&C revised the cumulative contract up to $33,510,446.31. Year � Amount Up to $1,462, $4,406, Year- three(FY24)* $10,981,617.00 Year-four (FY25)*'` $5,318,911.80 Year-five (FY26)*" $5,538,544.48 Year-six (FY27)** $5,802,233.03 Total $33,510,446.31 "FY24 includes increases for Northwest radio tower, radio refresh and dispatch console additions. *�FY25-FY27 includes increases for radio refresh. All other terms and conditions of the existing agreement remain the same. Funding is budgeted in the Other Contractual Services account within the Info Technology Systems Fund and in the CCPD Capital Projects and ITS Capital Funds for the ITS Department for the purpose of funding various projects. PRICE ANALYSIS - H-GAC provides up to a 25 percent discount off the 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 percent off H-GAC pricing in an agreement with Motorola approved by City Council on December 5, 2017 (M&C C-28495) through December 2025. 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 in accordance with H-GAC RA05-21 or its successor. RENEWAL OPTIONS — The agreement may be renewed for additional one-year terms at the City's option, in accordance with H-GAC RA05-21 or its successor. 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. SUCCESSOR CONTRACTS - In the event the H-GAC agreement is not renewed, staff would cease purchasing at the end of the last purchase agreement coinciding with a valid cooperative agreement. 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, 2024. 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. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating and capital budgets, as previously appropriated, in the Info Technology Systems Fund and in the ITS Capital and CCPD Capital Projects Funds for various projects to support the approval of the above recommendation and execution of the amendment. Prior to an expenditure being incurred, the IT Solutions Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office bk Mark McDaniel 6316 Originating Business Unit Head: Kevin Gunn 2015 Additional Information Contact: Donlen Ruffin 2017