HomeMy WebLinkAboutContract 54773-A4R5CSC No. 54773-A4R5
FOURTH AMENDMENT AND FIFTH RENEWAL
TO
FORT WORTH CITY SECRETARY CONTRACT NO. 54773
This Fourth Amendment and Fifth Renewal is entered into by and between the City
of Fort Worth ("City"), a home rule municipality, with its principal place of business at 100 Fort
Worth Trail, Fort Worth, Texas, and Digital Markets, Inc. dba Vista Com, a Texas
corporation. ("Vendor"). City and Vendor are each individually referred to herein as a "party"
and collectively referred to as the "parties."
WHEREAS, on November 2, 2020 the parties entered into City Secretary Contract
54773 to provide the Vista Com recording system ("Agreement") for an initial one-year term and
four one-year renewal terms;
WHEREAS, the current term of the Agreement expires on November 1, 2025;
WHEREAS, on October 20, 2020, M&C 20-0741 listed the Underlying Cooperative
Agreement from GSA Schedule No. GS-35F-0415V to Houston -Galveston Area Council (HGAC)
Contract No. RP07-20 ("Cooperative Agreement"); and
WHEREAS, on June 12, 2025, HGAC and Vendor agreed to extend the Cooperative
Agreement through June 30, 2027; and
WHEREAS, the parties wish to amend and renew the Agreement to align the renewal
dates to match the new final expiration date in the extended Cooperative Agreement; and
NOW, THEREFORE, the parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
I.
AMENDMENTS
1. The Agreement is hereby amended to repeal Exhibit B, which shall be replaced in
its entirety with Exhibit B-1, respectively, attached hereto and incorporated herein by reference
for all purposes.
II.
RENEWALS
1. The Agreement is hereby renewed for the Fourth Renewal Term, which shall begin
on November 2, 2025 and shall expire on June 30, 2026.
III.
MISCELLANEOUS OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Fourth Amendment and Fifth Renewal to Fort Worth City Secretary Contract No. 54773 Page 1 of 4
All other terms, provisions, conditions, covenants and recitals of the Agreement not
expressly amended herein shall remain in full force and effect.
IV.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other terms, provisions, conditions, covenants and recitals of said Agreement not
expressly amended herein shall remain in full force and effect.
V.
ELECTRONIC SIGNATURE
This Amendment may be executed in multiple counterparts, each of which shall be
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.
[Signature Page Follows]
Fourth Amendment and Fifth Renewal to Fort Worth City Secretary Contract No. 54773 Page 2 of 4
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: Dlanno (Aug 14, 202516:12:59 CDT)
Name: Dianna Giordano
Title: Assistant City Manager
Date: 08/14/2025
APPROVAL RECOMMENDED:
Y
Name: Kevin Gunn
Title: Director, IT
ATTEST
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By:
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Name:
Jannette Goodall
Title:
City Secretary
VENDOR:
Digital Markets, Inc. dba Vista Com
By:
Name: Robvn Wolverton
Title: Qnerations MaTaner
Date: 8.6.2025
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: Pete Rizzo Aug 8,202516:38:20 CDT)
Name: Pete Rizzo
Title: Sr. IT Solutions Manager
APPROVED AS TO FORM AND
LEGALITY:
Al kevii, AholelvJ, //
By. M. Kevin Anders, I1(Aug 14, 202510:43:13CDT)
Name: M. Kevin Anders, II
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0615
Approval Date: 08/08/2023
Form 1295: 2023-1047335
ATTEST:
By:
Name:
Title:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Fourth Amendment and Fifth Renewal to Fort Worth City Secretary Contract No. 54773 Page 3 of 4
Exhibit B-1
Houston -Galveston Area Council (HGAC) Contract No. RP07-20
(Attached)
Fourth Amendment and Fifth Renewal to Fort Worth City Secretary Contract No. 54773 Page 4 of 4
Docusign Envelope ID: 87D85238-6AD3-441 B-864C-9D4B5CBEA31 D
H-GAC
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777
Cooperative Agreement - Extension - Digital Markets, Inc. - Public Services - ID: 14361
EXTENSION No. 3 to CONTRACT No. RP07-20
For
Record & Playback Systems
Between
HOUSTON-GALVESTON AREA COUNCIL
And
Digital Markets, Inc.
dba Vista Com
THIS AMENDMENT modifies the above referenced Contract as follows:
Contract is extended through Jun 30 2027 Midnight CST or the effective date of the contracts resulting
from the most recently awarded Request For Proposal (RFP) for Record & Playback Systems,
whichever occurs first.
Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms
and conditions of this Contract shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective
duly authorized representatives.
Signed for: Houston -Galveston Area Council
Signed for: Digital Markets, Inc.
dba Vista Com
Printed Name:
Title:
DocuSigned by:
82EC270D5D61423...
Chuck Wemple
Executive Director
Date: 6/12/2025
IT
Signed by:
oh,'. c/n-et,
E13ACF51324A9497...
Robin Clevenger
Regional Sales Manager
Date: 6/12/2025
Revised 19Mar2024
DocuSign Envelope ID: C4AA5818-BE61-43FA-B786-4A7C9934CB94
H-GAC
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777
Cooperative Agreement - Digital Markets, Inc. - Public Services - - 20-00466
GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston -Galveston Area Council
hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite
120, Houston, Texas 77027 and Digital Markets, Inc., hereinafter referred to as the Contractor, having
its principal place of business at 9824 Whithorn Drive, Houston, TX 77095.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the
specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of
the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into
this Agreement. The Contractor's governing body, where applicable, has authorized the signatory
official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any
subsequent amendments hereto.
ARTICLE 2: APPLIC E LAWS ABL
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable
rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term
of this Agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When required, the
Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: INDEPENDENT C RAC OR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not
change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-
GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant
or employee of H-GAC, the State of Texas or the United States Government. Employees of the
Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is
solely responsible for employee related disputes and discrepancies, including employee payrolls and any
claims arising therefrom.
ARTICLE 4: WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the
complete Agreement ("Agreement") between the parties hereto, and supersede any and all oral and
written agreements between the parties relating to matters herein. Except as otherwise provided
herein, this Agreement cannot be modified without written consent of the parties.
ARTICLE 5: SC OF SERVIC ES
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The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 6: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Jul 012020 and ends Jun 30 2023.
All services under this Agreement must be rendered within this performance period, unless directly
specified under a written change or extension provisioned under Article 14, which shall be fully
executed by both parties to this Agreement.
ARTICLE 7: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions.
ARTICLE 8: REPORTING REOUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by
this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may
terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC
has final determination of the adequacy of performance and reporting by Contractor. Termination of
this agreement for failure to perform may affect Contractor's ability to participate in future
opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered
cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 9: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this
Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign,
transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest
it may have therein to any third party without prior written approval of H-GAC. The Contractor
acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The
Contractor shall ensure that the performance rendered under all subcontracts shall result in
compliance with all the terms and provisions of this Agreement as if the performance rendered was
rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and
regulations applicable to furnishing and performance of the work. Except where otherwise expressly
required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's
compliance, or that of Contractor's subcontractors, with any laws or regulations.
ARTICLE 11: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be
conducted an independent audit of any transaction under this Agreement, such audit may be performed
by the H-GAC local government audit staff, a certified public accountant firm, or other auditors
designated by H-GAC and will be conducted in accordance with applicable professional standards and
practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for
any findings that result in monetary obligations to H-GAC.
ARTICLE 12: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the
Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement.
H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States
Government, shall have the right at any reasonable time to inspect, copy and audit those records on or
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off the premises by authorized representatives of its own or any public accounting firm selected by H-
GAC. The right of access to records is not limited to the required retention period, but shall last as long
as the records are retained. Failure to provide access to records may be cause for termination of the
Agreement. The records to be thus maintained and retained by the Contractor shall include (without
limitation): (1) personnel and payroll records, including social security numbers and labor
classifications, accounting for total time distribution of the Contractor's employees working full or part
time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or
other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing
documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3)
paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third
parties' charges.
The Contractor further agrees that the examination of records outlined in this article shall be included
in all subcontractor or third -party agreements.
ARTICLE 13: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all
other financial, statistical, property, participant records, and supporting documentation for a period of
no less than seven (7) years from the later of the date of acceptance of the final payment or until all
audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving
the records has been started before the expiration of the retention period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until the end of the
seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully
resolved.
ARTICLE 14: CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by
changes in federal or state law or by regulations, are automatically incorporated without
written amendment hereto, and shall become effective on the date designated by such law or by
regulation.
B. To ensure the legal and effective performance of this Agreement, both parties agree that any
amendment that affects the performance under this Agreement must be mutually agreed upon
and that all such amendments must be in writing. After a period of no less than 30 days
subsequent to written notice, unless sooner implementation is required by law, such
amendments shall have the effect of qualifying the terms of this Agreement and shall be
binding upon the parties as if written herein.
ARTICLE 15: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause,
whenever H-GAC determines that for any reason such termination is in the best interest of H-
GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of
termination, all services hereunder of the Contractor and its employees and subcontractors
shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days
written notice, presented to H-GAC via certified mail. The Contractor may not give notice of
cancellation after it has received notice of default from H-GAC.
B. Default
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H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of
the Agreement, in any one of the following circumstances:
(1) if the Contractor fails to perform the services herein specified within the time specified
herein or any extension thereof, or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any
reason whatsoever, or so fails to make progress or otherwise violates the Agreements that
completion of services herein specified within the Agreement term is significantly
endangered, and in either of these two instances does not cure such failure within a period
often (10) days (or such longer period of time as may be authorized by H-GAC in writing)
after receiving written notice by certified mail of default from H-GAC.
ARTICLE 16: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
ARTICLE 17: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the
performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of
labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause
reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event,
the time for the performance of such obligation or duty shall be suspended until such disability to
perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 18: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of
the Contractor, and no other public officials of the Contractor who exercise any functions or
responsibilities in the review or Contractor approval of this Agreement, shall participate in any
decision relating to this Agreement which affects his or her personal interest, or shall have any
personal or pecuniary interest, direct or indirect, in this Agreement.
ARTICLE 19: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards,
and environmental compliance. Additionally, for work to be performed under the Agreement or
subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify
each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may
include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of
handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment
Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 0) any other nondiscrimination provisions in any specific statute(s)
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applicable to any Federal funding for this Agreement; (k) the requirements of any other
nondiscrimination statute(s) which may apply to this Agreement; (1) applicable provisions of the Clean
Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C.
§1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the
Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the
Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations
at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (P.L. 94-163).
ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and
abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state
or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud,
abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of
knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical
attention arising from its activities under this Agreement within twenty-four (24) hours of such
occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be
reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such
act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State
of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in
carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the
Contractor pertaining to this Agreement or which would adversely affect the Contractor's ability to
perform services under this Agreement.
ARTICLE 21: INDEMNIFICATION AND RECOVERY
H-GAC's liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable
for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board
members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses
(including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result
of Contractor's negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the
threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.
ARTICLE 22: LIMITATION OF CONTRACTOR'S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor's
total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of
the particular products/services sold hereunder, and Contractor agrees either to refund the purchase
price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable
for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to
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END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or
Federal government to have been paid in violation of the terms of this Agreement.
ARTICLE 23: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not
be considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 24: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been
negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in
accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against
any party.
ARTICLE 25: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not
addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the
Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide
notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final
and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor
requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under
this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of
its position. The decision of the Executive Director after any such rehearing shall be final and
conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the
Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder,
the Contractor shall proceed diligently with the performance of the Agreement and in accordance with
H- GAC's final decision.
ARTICLE 26: CHOICE OF LAW: VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit
or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris
County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the
law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such
disputes.
ARTICLE 27: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be
utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.
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SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first
written above, as accepted by:
Digital h a 4nc.
."ell
7Signature 11
F44CF91C5AA041B...
Name Russell Young
Title President
Date 7/16/2020
H-GAC D."SSiggnned by:
SignaturC
82EC270D5D61423...
Name Chuck Wemple
Title Executive Director
Date 7/15/2020
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H-GAC
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777
Cooperative Agreement - Digital Markets, Inc. - Public Services - 20-00466
SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the
Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated
into the Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS ("EUA")
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement ("EUA) with the
Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC
Agreement. H-GAC's acknowledgement is not an endorsement or approval of the End User Agreement's
terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or
conditions that conflict with those in Contractor's Agreement with H-GAC. Contractor affirms that
termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying
EUA, which shall in each instance, continue pursuant to the EUA's stated terms and duration. Pursuant to the
terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any
new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC
on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement,
Contractor develops a regularly followed standard procedure of entering into agreements with other
governmental customers within the State of Texas, and offers the same or substantially the same
products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more
favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days
thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date
of Contractor's most favorable past agreement with another entity. Contractor shall provide the same prices,
warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
H-GAC shall have the right and option at any time to decline to accept any such change, in which case the
amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit,
or term that was charged or offered to another entity during the term of this Agreement, does not constitute
more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing,
setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment.
H-GAC, after due consideration of Contractor's written explanation, may decline to accept such explanation
and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective
retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties,
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benefits, or terms to H-GAC and the END USER.
EXCEPTION. This clause shall not be applicable to prices and price adjustments offered by a bidder,
Proposer or contractor, which are not within bidder's/proposer's control [example; a manufacturer's bid
concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by
H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of
this Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END
USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-
GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC
will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an
END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing
charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order
Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10)
business days after receipt of an END USER's payment, whichever comes first, notwithstanding Contractor's
receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without
Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further,
Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to
execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but
not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing
charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an
END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any
order processing charges on any portion of the Agreement actually performed, and for which compensation was
received by Contractor.
ARTICLE 7: LIOUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER
purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the
following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
Page 2 of 4
DocuSign Envelope ID: C4AA5818-BE61-43FA-B786-4A7C9934CB94
Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a
General Aggregate limit of at least two times the Single Occurrence limit for all Products except
Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal
Specifications.
Property Damage or Destruction insurance is required for coverage of End User owned
equipment while in Contractor's possession, custody or control. The minimum Single Occurrence
limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence
limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of
Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically
and clearly listed on insurance certificate(s) submitted to H-GAC.
b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal,
and for any extensions thereof, plus the number of days/months required to deliver any outstanding
order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the
insured and showing coverage and limits for the insurances listed above.
d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties
are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC,
a separate insurance certificate must be submitted for each such party.
e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance
and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS
H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore,
Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to
cover any order if so requested by the END USER. Contractor shall quote a price to END USER for
provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END
USER's purchase order.
ARTICLE 10: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control,
dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to
advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to
determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and
including cancellation of Agreement.
ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle
Commission Code. If at any time during this Agreement term, any required Contractor license is denied,
revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle
Page 3 of 4
DocuSign Envelope ID: C4AA5818-BE61-43FA-B786-4A7C9934CB94
Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor
Vehicle Board documentation to H-GAC upon request.
Page 4 of 4
DocuSign Envelope ID: C4AA5818-BE61-43FA-B786-4A7C9934CB94
Attachment A
Digital Markets, Inc.
Record & Playback Systems
Contract No. RP07-20
FORM D -OFFERED ITEMS PRICING
H-GAC
Product Item Description Offered Price
Code (Offeror may not change any desctption or add items)
NexLog 740 base system: 3U rack -mountable, Core i3 CPU, 2 x1TB fixed -Mount HDDs (RAID 1), 1 DVD-RAM Multi-
EE
Drive, 2 Network Ports (100/1000), Embedded Linux, NexLog software, web -based configuration manager, audio controls &
$6,695
amplified speaker on front panel, dual hot -swap 120-240VAC 50/60Hz power supplies, and I st year warranty.
EE
Integrated 7" Color LCD Touch Screen Display for NexLog 740
$1,084
EE
Upgrade 740 to 2x2TB Fixed s/w-RAID I =2TB storage
$833
EE
Upgrade 740 to 2x2TB HotSwap RAIDI=2TB storage
$2,173
EE
Upgrade 740 to 4x1TB HotSwap RAID 10=2TB storage
$2,412
EE
Upgrade 740 to 4x1TB HotSwap RAID5=3TB storage
$2,412
EE
Upgrade 740 to 2x4TB HotSwap RAIDI=4TB storage
$3,509
EE
Upgrade 740 to 4x2TB HotSwap RAID 10=4TB storage
$4,011
EE
Upgrade 740 to 4x2TB HotSwap RAID5=6TB storage
$4,011
EE
Upgrade 740 to 4x4TB HotSwap RAID10 = 8TB storage
$5,183
EE
Upgrade 740 to 4x4TB HotSwap RAID5=12TB storage
$5,183
EE
Upgrade 740 to 2x2TB HotSwap RAID +HotSpare 2TB=2TB storage
$2,843
EE
Upgrade 740 to 2x4TB HotSwap RAID +HotSpare 4TB=4TB storage
$4,312
EE
Upgrade 740 to 3x2TB HotSwap RAIDS +HotSpare 2TB=4TB storage
$4,011
EE
Upgrade 740 to 3x4TB HotSwap RAIDS +HotSpare 4TB=8TB storage
$5,183
EE
Upgrade to 2 x ITB Solid State Drive Fixed Mt s/w-RAIDI=ITB stor.
$4,019
EE
Upgrade to 2 x ITB Solid State Drive Hot Swap h/w-RAID I = I TB stor.
$5,359
EE
Upgrade 740* to 2x1TB HotSwap RAIDI=ITB storage
$1,340
EE
Upgrade 740 to 2 DVD-RAM Drives
$243
EE
Upgrade 740 to 1 Blu-Ray Drive
$327
EE
Upgrade 740 to 2 Blu-Ray Drives
$653
EE
Upgrade 740 to 1x1TB Removable HDD + 1 DVD-RAM Drive
$511
EE
Upgrade 740 to lx1TB Removable HDD + 2 DVD-RAM Drives
$762
EE
Upgrade 740 to IXRDX (with ITB Cartridge) + IxDVD-RAM Drive
$1,130
EE
Upgrade 740 to IXRDX (with ITB Cartridge) + 2xDVD-RAM Drives
$1,373
EE
Upgrade 740 to 2xRDX (each w/1TB Cartridge)+1xDVD-RAM Drive
$1,800
EE
Rack Mount Slides - 4 Post, 3U (for NexLog 740)
$301
EE
Rack Mount Slides - 2 Post Center Mt., 3U (for NexLog 740)
$377
NexLog 840 base system: 4U rack -mountable, Core i5 CPU, 2xlT13 Fixed Mount HDDs (RAID 1), 1 DVD-RAM Multi -drive,
EE
2 Network Ports (100/1000), Embedded Linux, NexLog software, web -based configuration manager, audio controls &
$13,394
amplified speaker on front panel, dual hot -swap 100-240VAC 50/60Hz power supplies, and 1 year warranty.
EE
7" Color LCD Touch Screen for NexLog 840
$1,084
EE
Upgrade 840 to 2x2TB Fixed RAID 1=2TB storage
$833
EE
Upgrade 840 to 2x2TB HotSwap RAID I=2TB storage
$2,173
EE
Upgrade 840 to 4x1TB HotSwap RAID 10=2TB storage
$2,412
EE
Upgrade 840 to 4x1TB HotSwap RAID5=3TB storage
$2,412
EE
Upgrade 840 to 2x4TB HotSwap RAID I=4TB storage
$3,509
EE
Upgrade 840 to 4x2TB HotSwap RAID 10=4TB storage
$4,011
EE
Upgrade 840 to 4x2TB HotSwap RAID5=6TB storage
$4,011
EE
Upgrade 840 to 4x4TB HotSwap RAID 10=8TB storage
$5,183
EE
Upgrade 840 to 4x4TB HotSwap RAID5=12TB storage
$5,183
EE
Upgrade 840 to 2x2TB HotSwap RAID + HotSpare 2TB=2TB storage
$2,843
EE
Upgrade 840 to 2x4TB HotSwap RAID +HotSpare 4TB=4TB storage
$4,312
EE
Upgrade 840 to 3x2TB HotSwap RAIDS +HotSpare 2TB=4TB storage
$4,011
EE
Upgrade 840 to 3x4TB HotSwap RAIDS +HotSpare 4TB=8TB storage
$5,183
EE
Upgrade to 2 x ITB Solid State Drive Fixed Mt s/w-RAID1=ITB stor.
$4,019
EE
Upgrade to 2 x ITB Solid State Drive Hot Swap h/w-RAID I = I TB stor.
$5,359
EE
Upgrade 840* to 2x1TB HotSwap RAIDI=ITB storage
$1,340
EE
Upgrade 840 to 2xDVD-RAM Drives
$243
EE
Upgrade 840 to 1 Blu-Ray Drive
$327
EE
Upgrade 840 to 2 Blu-Ray Drives
$653
Pagel of 5
DocuSign Envelope ID: C4AA5818-BE61-43FA-B786-4A7C9934CB94
EE Upgrade 840 to lx1TB Removable HDD+lxDVD-RAM Drive
EE Upgrade 840 to lx1TB Removable HDD+2 DVD-RAM Drives
EE Upgrade 840 to 2xlTB Removable HDD+lxDVD-RAM Drive
EE Upgrade 840 to lxRDX (with 1TB Cartridge)+1xDVD-RAM Drive
EE Upgrade 840 to 1xRDX (with 1TB Cartridge)+2xDVD-RAM Drives
EE Upgrade 840 to 2xRDX (each w/ 1TB Cartrid e)+lxDVD-RAM Drive
EE Rack Mount Slides - 4 Post. 4U (for NexLos 9401
EE Rack Mount Slides - 2 Post Center Mt. 4U (for NexLog 840)
EE Internal IP Recorder with First 8 G.711 Channels
EE Additional Internal IP G.711 8-Channel license pack
EE Internal IP G.729 8-Channel license add -on pack
EE 8-Channel Analog Card, 8 Ch. Licenses
EE 16-Channel Analog Card, 16 Ch. Licenses
EE 24-Channel Analog Card, 24 Ch. Licenses
EE MDC 1200 Decode license (per Analog Card)
EE 8-Channel Digital PBX Station Card, 8 Ch. Lic.
EE 16-Channel Digital PBX Station Card, 16 Ch. Lic.
EE 24-Channel Digital PBX Station Card, 24 Ch. Lic.
EE 24-Channel Tl/PRI Passive Tap Card, 24 Ch. Lic.
EE 48-Channel Tl/PRI Passive Tap Card, 48 Ch. Lic.
EE 30-Channel El Passive Tap Card, 30 Ch. Lic.
EE 60-Channel El Passive Tap Card, 60 Ch. Lic.
EE 24-Ch. Tl Terminating (2-Port Card w/1 Port Enabled)
EE 48-Ch. Tl Terminating (2-Port Card w/2 Ports Enabled)
EE 30-Ch. El Terminating (2-Port Card w/l Port Enabled)
EE 60-Ch. El Terminating (2-Port Card w/2 Ports Enabled)
EE Enable 2nd T1 Port on Dual -Port T1 Terminating Card (after initial installation)
EE Enable 2nd El Port on Dual -Port El Terminating Card (after initial installation)
EE 24 port GPIO PCI Card/Cable Kit (non -isolated; 24 inputs)
EE Single -port 100/1000 PCI Network Card for NexLog 740 or NexLog 840
EE Dual Port 100/1000 PCI-X Network Card (for NexLog 740 or NexLog 840; Max QTY 1)
EE Dual Port 100MB/1000 PCIe Network Card (for NexLog 740 only - Max QTY 1)
EE Quad Port 100/1000 PCIe Network Card (for NexLog 740 only - Max QTY 1)
EE IRIG-B Time Synchronization Universal PCI Card
EE 9 ft. Cable for Analog or Digital PBX card:
EE 23 ft. Cable for Analog or Digital PBX card:
EE Quick Install Kit (9 ft. Cable + "66" Block):
EE Quick Install Kit (23 ft Cable + "66" Block)
EE 8 pack MediaWorks PLUS (web) concurrent license
EE 8 pack MediaWorks MOBILE (web) concurrent license
EE Eventide MP3 option for MediaWorks PLUS
EE Pack and Go Feature - For Export of Incident along with Packaged Windows -installable Player
EE MediaWorks PLUS option with French GUI (text from Google)
EE MediaWorks PLUS option with Spanish GUI (text from Google)
EE MediaWorks PLUS with other language GUI (text from Google)
EE Enhanced Reporting Package
EE Geo Search/View (Requires Lat/Lon, MW PLUS, Google Maps)
EE NexLog Access Bridge License
EE Eventide Encryption -At -Rest option
EE Central Archive License (for archive to another NexLog)
EE Additional Network Archive License (1 is included):
EE Windows User Tracker software option
EE DTMF Selective Recording Metadata License
EE Enhanced Active Directory Integration - Remote Technical Support (Non -Discountable)
EE Quality Factor Software: FIRST 20 Agents (Requires MediaWorks PLUS)
EE Quality Factor Software: 20 Agent ADD -ON license pack
EE Quality Factor Advanced Evaluation Scheduling Option (for QA recording selection based on available ANI/ALI or CAD
metadata in the recorder's database)
EE Windows Screen Recording (First 5 PCs on recorder)
EE Windows Screen Recording (5 additional PCs on recorder)
EE Linux Screen Recording (First 5 Linux PCs)
EE Linux Screen Recording (5 additional Linux PCs)
EE Integration to Mitel 3300 Secure Recording Connector (SRC)
EE Integration to ATOS/Unify "Xpert" turret (real-time metadata from master turret)
EE Eventide Interface license for Cisco Built -in -Bridge (BiB)
EE Integration to Motorola ASTRO 25 system - Initial ASTRO version - SINGLE AIS
EE Integration to Motorola ASTRO 25 system - Initial ASTRO version - per ADD'L AIS
EE Integration to Motorola ASTRO 25 system - Subsequent ASTRO version - SINGLE AIS
EE Integration to Motorola ASTRO 25 system -Subsequent ASTRO version- per ADD'L AIS
EE DVSI 4-Port Networked Decoder Unit (for P25, DMR, MOTOTRBO, NXDN)
EE DVSI 2-Port USB Decoder Unit (for P25, DMR, MOTOTRBO, NXDN) - Max 8
EE Mandatory Remote Install Prep for P25 or TETRA; (Non -Discountable)
EE Integration to Harris VIDA P25 SR10A/SR10A1 (or later) system via VNIC
EE Integration to Harris VIDA P25 - Upgrade to Subsequent VIDA version
EE P25 Encryption Key Management Option (non-OTAR)
EE OTAR Integration to Harris VIDA P25 KMF - Initial Harris KMF version
EE OTAR Integration to Hams VIDA P25 KMF - Upgrade to subsequent KMF version
Call for Info
List
List
$511
$762
$1,273
$1,130
$1,373
$1,800
S301
$448
$3,224
$1,465
$607
$2,261
$3,350
$5,024
$1,507
$3,643
$5,816
$7,989
$7,712
$10,852
$7,712
$10,852
$8,700
$10,852
$8,700
$10,852
$2,152
$2,152
$666
$157
$301
$410
$745
$2,085
$77
$104
$184
$251
$833
$415
$163
$415
$1,252
$1,252
$833
$833
$2,927
$833
$1,398
$209
$498
$1,398
$2,093
$1,666
$1,336
$2,093
$419
$3,768
$837
$3,764
$2,927
$1,671
$10,044
$2,508
$3,345
$1,671
$8,374
$2,512
$7,532
$3,345
$1,671
$16,748
$4,183
Page 2 of 5
DocuSign Envelope ID: C4AA5818-BE61-43FA-B786-4A7C9934CB94
EE Location Capture & Display for Harris P25 SR10A.3/later (requires use of Hams P25 radios w/GPS and any required Harris
licensing)
EE DVSI 4-Port Networked Decoder Unit (for P25, DMR, MOTOTRBO, NXDN)
EE DVSI 2-Port USB Decoder Unit (for P25, DMR, MOTOTRBO, NXDN) - Max 8
EE Mandatory Remote Install Prep for P25 or TETRA; (Non -Discountable)
EE Integration to Tait P25 trunked system via ISSI
EE P25 Encryption Key Management Option (non-OTAR)
EE OTAR Integration to Tait KMF
EE DVSI 4-Port Networked Decoder Unit (for P25, DMR, MOTOTRBO, NXDN)
EE DVSI 2-Port USB Decoder Unit (for P25, DMR, MOTOTRBO, NXDN) - Max 8
EE Mandatory Remote Install Prep for P25 or TETRA; (Non -Discountable)
EE Integration to EF Johnson P25 system (Requires EF Johnson JEM Server)
EE Integration to Motorola MotoTRBO controllerless system (IP Site Connect, Capacity Plus or Linked Capacity Plus) via
Network Applications Interface -Voice (NAI-Voice)
EE DVSI 4-Port Networked Decoder Unit (for P25, DMR, MOTOTRBO, NXDN)
EE DVSI 2-Port USB Decoder Unit (for P25, DMR, MOTOTRBO, NXDN) - Max 8
EE Integration to Motorola MotoTRBO Capacity MAX System via Motorola Voice and Radio Command (VRC) Gateway(s)
EE DVSI 4-Port Networked Decoder Unit (for P25, DMR, MOTOTRBO, NXDN)
EE DVSI 2-Port USB Decoder Unit (for P25, DMR, MOTOTRBO, NXDN) - Max 8
EE Integration to Harris/Tait DMR Tier 3, DMR Tier 2, or MPT-IP system
EE Location Capture & Display for Harris/Tait DMR Tier III (requires use of Tait DMR radios w/GPS and any required
Harris/Tait licensing)
EE DVSI 4-Port Networked Decoder Unit (for P25, DMR, MOTOTRBO, NXDN)
EE DVSI 2-Port USB Decoder Unit (for P25, DMR, MOTOTRBO, NXDN) - Max 8
EE Integration to Motorola DIMETRA IP system, Non-EEE, Initial 8.x or 9.x release
EE Integration to Motorola DIMETRA IP system, Non-EEE, Subsequent 8.x or 9.x version
EE Mandatory Remote Install Prep for P25 or TETRA; (Non -Discountable)
EE Integration to ICOM IDAS Conventional system
EE DVSI 4-Port Networked Decoder Unit (for P25, DMR, MOTOTRBO, NXDN)
EE DVSI 2-Port USB Decoder Unit (for P25, DMR, MOTOTRBO, NXDN) - Max 8
EE Integration to Kenwood NexEdge Trunking System (Type C, Gen.I Trunking)
EE DVSI 4-Port Networked Decoder Unit (for P25, DMR, MOTOTRBO, NXDN)
EE DVSI 2-Port USB Decoder Unit (for P25, DMR, MOTOTRBO, NXDN) - Max 8
EE Smartnet Integration to customer's GenSpout (requires Analog Recording Channels; Also Requires Clear Analog Audio to
Recorder for Each Trunked RE Channel)
EE SmartZone Integration to customer's GenSpout (requires Analog Recording Channels; Also Requires Clear Analog Audio to
Recorder for Each Trunked RE Channel)
EE Metadata Integration for Dispatch, RolP, and Other Systems
EE 911 NENA ANI/ALI CAD Spill Integration - USA/Canada only
EE 45 Baud Analog TTY Decoder for TDD/SMS-to-911 (for Analog channels)
EE NG911 SIPREC License; Requires IP Channels - USA/Canada only
EE NG911 Logging Web Service License - USA/Canada only
EE Solacom i3 Data Handling License
EE Eventide Interface license (audio) for West VIPER 911 IP/SPAN Recording
EE Eventide Interface license (audio) for Motorola VESTA 911 IP/SPAN Recording
EE SMS Recording Enabler for IP channels (for West VIPER, Emergitech)
EE SMS-only IP Channel License (24 Pack) for Motorola VESTA
EE SMS-only IP Channel License (24 pack) for Zetron MAX Call Taking
EE 9-1-1 SMS/TXT Capture Enabler (non-SIPREC)
EE 911 Non-i3 SIP Trunk Lic. (Requires IP Channels)
EE Motorola Spillman CAD Integration
EE Voice Replay Synchronization for Thales TopSky
EE ED137B/ED137C-Part4 IP-based ATC License (Requires IP Channels)
IP-based ASTERIX ATC/ATM Data Recording, with Remotely Controllable Retransmission to Customer's Display Endpoint.
EE Remote Control is via MediaWorks Plus software or Eventide NexLog API (also requires IP Channels for ASTERIX Data
Capture).
EE ATC Impound, Quarantine and Legal Audit Enabler for MediaWorks Plus
EE ATC Quarantine Storage License (1 required per Quarantine storage location)
EE Pack and Go Feature - For Export of Incident along with Packaged Windows -installable Player
EE NexLog API Access License: Control and Tagging
EE NexLog API Access License: Replay and Live Monitoring
EE DVSI 4-Port Networked Decoder Unit (for P25, DMR, MOTOTRBO, NXDN) - Max 3
EE DVSI 2-Port USB Decoder Unit (for P25, DMR, MOTOTRBO, NXDN) - Max 8
EE Upgrade one 740 power supply to -48VDC at time of initial order (NexLog 740 only)
EE Upgrade both 740 power supplies to -48VDC at time of initial order (NexLog 740 only)
EE Upgrade NexLog 740 for Vehicular or Shipboard usage (extra internal brackets)
EE Mandatory license fee for Initial System Release - for end -customer with ONE AIS (or FIRST AIS) (Non -Discountable; must
be pre -paid)
EE Mandatory license fee for Initial System Release - for same end -customer, PER EACH AIS BEYOND FIRST AIS (Non -
Discountable; must be pre -paid)
$2,927
$8,374
$2,512
List
$7,532
$1,671
$16,748
$8,374
$2,512
List
List
List
List
$2,927
$2,927
$8,374
$2,512
$7,532
$8,374
$2,512
$2,927
$2,927
$8,374
$2,512
$10,044
$5,857
$2,927
$8,374
$2,512
$2,927
$8,374
$2,512
$4,187
$4,187
$2,927
$2,927
$1,671
$1,671
$3,350
$2,927
$2,089
$2,089
$1,671
$1,671
$1,671
$1,336
$1,671
$3,345
$7,532
$2,927
$6,695
$2,927
$833
$415
$2,927
$2,927
$8,374
$2,512
$636
$1,273
$209
Page 3 of 5
DocuSign Envelope ID: C4AA5818-BE61-43FA-B786-4A7C9934CB94
EE Mandatory license fee for Upgrade to a subsequent System Release - for end -customer with ONE AIS (or FIRST AIS) (Non -
Discountable; must be ppre-Qaid)
EE Mandatory license fee £or Upgrade to a subsequent System Release - for same end -customer, PER EACH AIS BEYOND
FIRST AIS (Non -Discountable: must be ore-naidl
EE Enhanced Active Directory Integration - Remote Technical Support (Non -Discountable)
EE Mandatory Remote Install Prep for P25 or TETRA; (Non -Discountable)
EE Optional On -Site Assistance for P25; USA; 2 days (Non -Discountable)
EE End -User Technical Training at Eventide for 1-6 Trainees (price is per day)
EE Factory Acceptance Testing at Eventide (price is per day)
EE Eventide Engineer on -site - USA destinations (price is per day)
EE Eventide Engineer on -site - Non -USA destinations (price is per day)
EE 19" LCD, Keybd, and Mouse (for control without integrated front panel LCD)
EE lU Rackmt 8-Port KVM w/Drawer + Keyboard + 19" LCD
EE 2-Sided DVD-RAM Disc (9.4GB Total)
EE 10-Pack Blu-Ray Re -Writable Bare Disc
EE Spare 1 TB Hard Drive for Removable Archive
EE Rack -Mt. 1500VA/940W 120V APC SmartUPS-50 Min.
EE Rack -Mt. 750VA/480W 120V APC SmartUPS-10 Min.
EE TeraStation Rackmt NAS: 4 x 1TB RAIDS (3TB Storage)
EE TeraStation Rackmt NAS: 4 x 2TB RAIDS (6TB Storage)
EE TeraStation Rackmount NAS: 4 x 4TB RAIDS (12TB Storage)
EE External USB Modem for Remote Diagnostics
EE Label Printer for DVD-RAM or Blu-Ray
EE Smart Label Printer Refill (Box of 2)
EE Windows PC with 19" LCD, KB, Mouse and DVD-RAM drive (no media)
EE Windows PC with 19" LCD, KB, Mouse and Blu-ray Drive (no media)
EE Windows PC with 19" LCD, KB, Mouse and RDX Bay (no media)
EE 42U SmartRack Premium Enclosure with plexiglass front door
EE Spectracom NetClock with GPS Antenna
EE Monitor Headset
EE 8-Channel Analog Card w/8 Ch. Lic.
EE 16-Channel Analog Card w/16 Ch. Lic.
EE 24-Channel Analog Card w/24 Ch. Lic.
EE 8-Channel Digital PBX Card w/8 Ch. Lic.
EE 16-Channel Digital PBX Card w/16 Ch. Lic.
EE 24-Channel Digital PBX Card w/24 Ch. Lic.
EE 24-Channel Tl Passive Card w/24 Ch. Lic.
EE 48-Channel Tl Passive Card, w/48 Ch. Lic.
EE 30-Channel El Passive Card w/30 Ch. Lic.
EE 60-Channel El Passive Card w/60 Ch. Lic.
EE 24-Ch. Tl Terminating (2-Port Card w/1 Port Enabled)
EE 48-Ch. Tl Terminating (2-Port Card w/2 Ports Enabled)
EE 30-Ch. El Terminating (2-Port Card w/1 Port Enabled)
EE 60-Ch. El Terminating (2-Port Card w/2 Ports Enabled)
EE 24 port GPIO PCI Card/Cable Kit (non -isolated; 24 inputs)
EE IRIG B(1) Time Synchronization Universal PCI Card
EE Single -port 100/1000 PCI Network Card for NexLog 740 or NexLog 840
EE Dual Port 100/1000 PCI-X Network Card (for NexLog 740 or NexLog 840; Max QTY 1)
EE Dual Port 100MB/1000 PCIe Network Card (for NexLog 740 only - Max QTY 1)
EE Quad Port 100/1000 PCIe Network Card (for NexLog 740 only - Max QTY 1)
EE Spare NexLog 740 Motherboard with i3 CPU, Cooler and 4GB DIMM (for S/N 3000+)
EE Spare NexLog 740 Power Supply Module, 120/240 VAC
EE Spare NexLog 740 Power Supply Assembly with 2 Modules, 120/240 VAC
EE Spare 4GB DIMM Memory for NexLog 740 (S/N 3000+) or NexLog 840 (S/N 3000+)
EE Spare i3 CPU for NexLog 740 (S/N 3000+)
EE Spare CPU Fan for NexLog 740 (for S/N 3000+ with i3 CPU)
EE Spare NexLog 740 Chassis Fan
EE Spare 1 TB HDD for NexLog RAID Array
EE Spare 2TB HDD for NexLog RAID Array
EE Spare 4TB HDD for NexLog RAID Array
EE Spare 4-port MegaRaid PCIe Card + Cache Vault + Cache Protection Module
EE Spare 4-port MegaRaid PCIe Hardware RAID Controller (no Cache Vault)
EE Spare Cache Vault + Cache Protection Module (ONLY) for MegaRaid PCIe Card
EE Spare Cache Protection Module (ONLY) for MegaRaid PCIe RAID Card w/ Cache Vault
EE Spare DVD-RAM MultiDrive (no Media)
EE Spare B1uRay Drive (no Media)
EE Spare RDX Bay (no Media Cartridge)
List
List
List
List
List
$837
$837
$1,633
Call for Info
$917
$2,093
$17
$41
$901
$1,671
$833
$4,396
$5,820
$11,388
$134
$272
$12
$3,345
$3,010
$3,345
$3,848
$9,781
$63
$2,261
$3,350
$5,024
$3,643
$5,816
$7,989
$7,712
$10,852
$7,712
$10,852
$8,700
$10,852
$8,700
$10,852
$1,080
$2,085
$157
$301
$410
$745
$1,549
$452
$965
$107
$469
$17
$33
$901
$1,102
$1,395
$2,244
$1,574
$670
$327
$243
$228
$469
Page 4 of 5
DocuSign Envelope ID: C4AA5818-BE61-43FA-B786-4A7C9934CB94
EE
Spare 500GB RDX Media Cartridge (for use in RDX Archive Drive)
$419
EE
Spare 1 TB RDX Media Cartridge (for use in RDX Archive Drive)
$670
EE
Spare 2TB RDX Media Cartridge (for use in RDX Archive Drive)
$837
EE
Spare 1 TB Hard Drive (3.5") for Removable Archive
$901
EE
Spare DVSI 4-Port Networked Decoder Unit (for P25, DMR, MOTOTRBO, NXDN)
$8,374
EE
Spare DVSI 2-Port USB Decoder Unit (for P25, DMR, MOTOTRBO, NXDN)
$2,512
EE
Spare NexLog 840 (S/N 3000+) Single Board Computer with i5 CPU, 4GB RAM and FAN
$2,440
EE
Spare NexLog 840 Power Supply Module, 120/240 VAC
$536
EE
Spare NexLog 840 Power Supply Assembly with 2 Modules, 120/240 VAC
$1,323
EE
Spare 4GB DIMM Memory for NexLog 740 (S/N 3000+) or NexLog 840 (S/N 3000+)
$107
EE
Spare i5 CPU for NexLog 840 (S/N 3000+)
$663
EE
Spare CPU Fan for NexLog 840 (S/N 3000+ with i5 CPU)
$182
EE
Spare NexLog 840 Chassis Fan
$42
EE
Spare 1 TB HDD for NexLog RAID Array
$901
EE
Spare 2TB HDD for NexLog RAID Array
$1,102
EE
Spare 4TB HDD for NexLog RAID Array
$1,395
EE
Spare 4-port MegaRaid PCIe Card + Cache Vault + Cache Protection Module
$2,244
EE
Spare Cache Vault + Cache Protection Module (ONLY) for MegaRaid PCIe Card
$670
EE
Spare 4-port MegaRaid PCIe Hardware RAID Controller (no Cache Vault)
$1,574
EE
Spare Cache Protection Module (ONLY) for MegaRaid PCIe RAID Card w/ Cache Vault
$327
EE
Spare DVD-RAM MultiDrive (no Media)
$243
EE
Spare B1uRay Drive (no Media)
$228
EE
Spare RDX Bay (no Media Cartridge)
$469
EE
Spare 500GB RDX Media Cartridge (for use in RDX Archive Drive)
$419
EE
Spare 1 TB RDX Media Cartridge (for use in RDX Archive Drive)
$670
EE
Spare 2TB RDX Media Cartridge (for use in RDX Archive Drive)
$837
EE
Spare 1 TB Hard Drive (3.5") for Removable Archive
$901
Page 5 of 5
M&C Review Page 1 of 3
A
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND Fo
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