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HomeMy WebLinkAboutContract 41910 CITY SECRETARY, f CONTRACT NO `l l AMNL qP SYSTEM PURCHASE AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into by and between Motorola Solutions, Inc., a Delaware corporation duly authorized to conduct business in the State of Texas ("Motorola" or "Seller"), and the City of Fort Worth, a municipal corporation organized under the laws of the state of Texas ("Purchaser" or"City"). WITNESSETH: WHEREAS, the Purchaser desires to purchase a Communications System; and WHEREAS, Motorola desires to sell a Communications System to Purchaser; and WHEREAS, H-GAC, acting as the agent for various local governmental entities who are "End Users" under interlocal agreements (including the Purchaser) has solicited quotations for radio communications equipment and conducted discussions with Motorola concerning its proposal and, where applicable, in accordance with the competitive procurement procedures of Texas law; and WHEREAS, H-GAC and Motorola entered into that certain Radio Communications Equipment & Systems Agreement dated as of January 1, 2008 (the "Contract"), which provided that End Users may purchase radio communications equipment from Motorola pursuant to certain terms contained therein; and WHEREAS, pursuant to Article 34 of the Contract, Motorola and Purchaser now wish to enter into this System Purchase Agreement to delineate the specific terms of the purchase of radio communications equipment from Motorola by the Purchaser. THEREFORE, the parties hereby enter into an agreement pursuant to which Motorola shall perform the work and furnish the equipment and services as more fully set forth herein and in the following exhibits, which are either attached hereto or incorporated by reference and hereby made a part of this Agreement: Exhibit A General Provisions. Exhibit B Motorola Software License Agreement. Exhibit C Motorola's ASTRO 25 Migration, Citywide Trunked Radio System Proposal, excluding Section 6 Warranty and Maintenance Plan and Section 9, Terms and Conditions dated May 10, 2011. Exhibit D Motorola/H-GAC Radio Communications Equipment & Systems Agreement dated January 1, 2008. OFFICIAL RECORD CITY SECRETARY City of Fort Worth Motorola FT 1ORTH9 TX P25 IP Trunked Radio System Agreement 1 - System Purchase Agmt June 8,2011 draft. Exhibit E (1) Motorola General Description of Maintenance Services (2) Maintenance Services Statements of Work (3) Service Terms and Conditions Exhibit F Milestone Acceptance Form NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties agree as follows: Section 1 SCOPE OF WORK A. Motorola shall furnish all of the equipment as outlined in Exhibit C and provide the tools, supplies, labor and supervision necessary for the installation of the items purchased in accordance with Exhibit C. B. In addition to responsibilities described in the Statement of Work, Purchaser shall perform the following coincident with the performance of this Agreement: (1) Provide a designated Project Director. (2) Provide ingress and egress to Purchaser's facilities and/or sites as requested by Motorola and have such facilities available for installation of the equipment to be installed. (3) Provide adequate telephone lines (including modem access and adequate interfacing networking capabilities) for the installation and operation of the equipment. (4) Provide adequate AC Power at 117 VAC + 10%, 60 Hz for the installation and operation of the equipment. (5) Provide a designated work area with adequate heat and light, and a secure storage area for equipment delivered to the Purchaser. The Purchaser shall be solely liable for loss or damage to equipment prior to, during and following installation when such equipment is on or within Purchaser's facilities and/or vehicles. Section 2 SITES This Agreement is predicated on the utilization of sites and site configurations, which have been selected either by the Purchaser or by Motorola as contained in the Motorola proposal. In either situation, should it be determined by either Motorola or Purchaser during the course of performance on this Agreement that the sites or configuration selected are no longer available or desired, new or replacement sites or configuration will be selected and approved by both Motorola and the Purchaser. If any price adjustments are necessary as a result of these new or replacement sites, such price adjustments will be added to this Agreement by change order in accordance with Section 4 of the General Provisions. City of Fort Worth Motorola P25 IP Trunked Radio System Agreement -2- System Purchase Agmt June 8,2011 draft. Section 3 SUBSURFACE/STRUCTURAL CONDITIONS This Agreement and the Motorola proposal are predicated upon normal soil conditions defined by E.I.A. standard RS-222 (latest revision). Should Motorola encounter subsurface, structural, and/or latent conditions at any site differing from those, indicated on the specifications, or as used in the preparation of the bid price, the Purchaser will be given immediate notice of such conditions before they are further disturbed. Thereupon, Motorola and the Purchaser shall promptly investigate the conditions and, if found to be different, will adjust the plans and/or specifications as may be necessary. Any changes that cause an adjustment in the contract price or in time required for the performance of any part of the contract shall result in a contract modification in accordance with Section 4 of the General Provisions. Section 4 PERIOD OF PERFORMANCE A. Motorola projects that it will be able to obtain Final Project Acceptance and completion of the Acceptance Test Plans by December 31, 2014. A more detailed timeline shall be provided to Purchaser after the design review and customer kick-off meeting. B. Whenever Motorola knows or reasonably should know that any actual or potential condition due to circumstances beyond its control is delaying or threatens to delay the timely performance of the work, Motorola shall within thirty(30) days give Purchaser notice thereof and may request an extension of time to perform the work. An extension shall only be granted upon written agreement of both parties. If such extension will increase the cost of the Agreement, then the extension must be approved in accordance with City requirements. C. All equipment and materials necessary for this project shall be shipped directly to and received by Motorola or its designated subcontractor at Motorola's expense. No materials or equipment shall be shipped to or directly received by the Purchaser at any of its facilities or properties. Section 5 ACCEPTANCE CRITERIA A. Motorola will test the Communications System in accordance with the Acceptance Test Plan. System Acceptance will occur upon the successful completion of such testing ("System Acceptance") at which time both parties shall promptly execute a certificate of system acceptance. If the Acceptance Test Plan includes separate tests for individual subsystems, both parties shall promptly execute certificates of subsystem acceptance upon the successful completion of testing of such subsystems. Minor omissions or variances in performance which do not materially affect the operation of the Communications System as a whole will not postpone System Acceptance but will be recorded by the project team in a Punchlist. The items in the Punchlist will be addressed according to an agreed upon schedule. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed and the Punch List items have been resolved. When Final Project Acceptance occurs, the parties will promptly execute a certificate of Final Project Acceptance. City of Fort Worth Motorola P25 IP Trunked Radio System Agreement -3- System Purchase Agmt June 8,2011 draft. B. Motorola agrees to notify Purchaser when the Communications System is ready for acceptance testing. Motorola and Purchaser agree to commence acceptance testing within ten (10) business days after receiving such notification. If testing is delayed for reasons within the control of Purchaser or its employees, contractors, agents or consultants for more than ten (10) business days after notification, final payment will be due within thirty (30) days after such notification and the Warranty Period will commence immediately. C. Motorola may, but is not obligated to, issue written authorization for Purchaser to use the Communications System or its subsystem(s) for limited training or testing purposes, prior to the completion of testing by Motorola. Any use of the Communications System without prior written authorization by Motorola shall constitute System Acceptance. Section 6 PAYMENT SCHEDULE A. Motorola agrees to sell all of the equipment and perform the services as outlined in the Scope of Work, and Purchaser agrees to buy the aforementioned equipment and services for an amount not to exceed $39,345,641.55, which includes any H-GAC administration fees related to this Agreement. A detailed description of the pricing is set forth in Exhibit C (Section 7 Pricing Summary.) The final price may be adjusted by change orders approved pursuant to Statement of Work attached hereto as Exhibit "C". B. Payments to Motorola shall be made according to the following milestones and upon execution of the Milestone Acceptance Form in the form of Exhibit "F" for each corresponding qW milestone completed and Accepted by the City: 30% of the total contract price will be invoiced after receipt by Motorola of the Notice to Proceed as defined in Exhibit A, Section 8; 40% of the total contract price will be invoiced upon delivery of equipment to Purchaser's facilities for installation pursuant to the agreed upon Performance Schedule which is developed by the City and Motorola during the Final Design Review; 15% of the total contract price will be invoiced upon successful completion of the Acceptance Test Plan for Phase 3 as defined in Exhibit C; and 10% of the total contract price will be invoiced immediately after System Acceptance. 5% of the total contract price will be invoiced immediately after Final Acceptance C. During the Final Design Review, the City and Motorola will develop a Performance Schedule to correspond with the Payment Milestones set forth herein in this section. In the event of any substantial delay in providing sites, space, approvals, licenses, or any other obligations required preceding delivery of Motorola equipment pursuant to the Performance Schedule, Purchaser or Motorola shall initiate a Change Order to modify the Performance Schedule. The Change Order shall be mutually agreed upon and executed by both parties. It is agreed that City of Fort Worth Motorola P25 IP Trunked Radio System Agreement -4- System Purchase Agmt June 8,2011 draft. Motorola will ship equipment as planned, in the manner specified in this Contract. Purchaser shall make payment in accordance with the Payment Milestones of this Agreement. D. Payments to Motorola shall be made as follows: (i) Motorola shall immediately forward an invoice for the payment requested in Section 6(B) above to Purchaser upon completion of the corresponding milestone. (ii) Purchaser shall pay the Motorola invoice within thirty (30) calendar days of receipt. E. Payment of H-GAC's administrative fee: Motorola will pay H-GAC in accordance with the payment terms of Contract No. RA01- 08. F. CONDITIONS PRECEDENT / TERM. The term of this Agreement shall begin upon the date of execution by all parties. Notwithstanding the foregoing, the parties understand, acknowledge and agree, that each party's obligations under this Agreement are conditioned upon and shall become effective and binding only upon the City's formal appropriation of sufficient funding to meet its financial obligations hereunder and formal issuance of a Notice to Proceed ("Effective Date"). The City shall not be obligated to make any payments to Motorola hereunder unless and until the City has appropriated sufficient funding as set forth herein and issued a Notice to Proceed. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available therefore and appropriated for such purposes. In the event that the City cannot meet its funding obligations as set forth herein, this Agreement shall immediately become null and void in its entirety with no penalty or expense to the City. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement shall continue until the date of Final System Acceptance or expiration of the Warranty Period, whichever occurs last. Post-Warranty services will be provided upon completion of the Warranty Period as set forth in Exhibits E(1), (2) and(3). G. Through and including December 31, 2014, Motorola shall offer additional equipment to the City at H-GAC pricing with the following: (1) an additional 9.10% discount on infrastructure, civil work, system services, and subscriber accessories, and (2) an additional 34.14% discount on all APX 6000, APX 6500, APX 7000, APX 7500, XTS, and XTL subscriber units and flash kits. This pricing does not include any LTE equipment. H. Following the Effective Date, in the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Motorola of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever. The City shall be obligated to make all payments herein agreed upon for which funds have been appropriated up to the date of termination. City of Fort Worth Motorola P25 IP Trunked Radio System Agreement -5 - System Purchase Agmt June 8,2011 draft. Section 7 PROJECT MANAGEMENT A. If the size or complexity of the project warrants, Motorola will assign a Project Manager, who is authorized to exercise technical direction of this project. Motorola, at any time, may designate a new or alternate Project Manager whose qualifications are acceptable to the Purchaser with written notice to Purchaser and H-GAC. B. All matters affecting the terms of this Agreement or the administration thereof shall be referred to Motorola's Contract Administrator who shall have authority to negotiate changes in or amendments to this Agreement. However, no changes to this Agreement shall be finally approved unless agreed to in writing in accordance with the terms of this Agreement and signed by an authorized representative of each party. Section 8 NOTICE ADDRESSES A. Motorola Solutions, Inc. 6450 Sequence Drive San Diego, CA 92121 Attn.: Law Department B. City of Fort Worth IT Solutions Department 1000 Throckmorton Street Fort Worth, Texas 76102 With copy to the City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 C. Houston-Galveston Area Council 3555 Timmons Lane, Suite 120 Houston, Texas 77027 Attn.: Public Services Manager Section 9 ORDER OF PRECEDENCE In the event of any inconsistency between this Agreement and the Exhibits, the inconsistency shall be resolved in the following order: Terms and conditions of this Agreement Exhibit A General Provisions Exhibit B Motorola Software License City of Fort Worth Motorola P25 IP Trunked Radio System Agreement -6- System Purchase Agmt June R.2011 draft. Exhibit C Motorola's ASTRO 25 Migration, Citywide Trunked Radio System Proposal, excluding Section 6 Warranty and Maintenance Plan and Section 9, Terms and Conditions, dated May 10, 2011. Exhibit E (1) General Description of Maintenance Services (2) Maintenance Services Statements of Work (3) Service Terms and Conditions Exhibit D Motorola/H-GAC Radio Communications Equipment & Systems Agreement dated January 1, 2008 Exhibit F Milestone Acceptance Form Section 10 DISPUTES Motorola and the Purchaser will attempt to settle any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. If those attempts fail, then the dispute may be mediated by a mutually acceptable mediator to be chosen by Motorola and the Purchaser within thirty (30) days after written notice by one of the parties demanding non-binding mediation. If the parties agree to mediation, neither party may unreasonably withhold consent to the selection of a mediator, and Motorola and the Purchaser will share the cost of the mediation equally; however, each party shall be liable for its own expenses. By mutual agreement, however, Motorola and Purchaser may postpone mediation until both parties have completed some agreed upon, but limited discovery about the dispute. The parties may also agree to replace mediation with some other form of non-binding alternate dispute resolution procedure ("ADR"). Any dispute resolution proceedings, including mediation, shall be held in Tarrant County, Texas. Any dispute which cannot be resolved between the parties through negotiation or mediation within sixty (60) days of the date of the initial demand for it by one of the parties may then be submitted to a court of competent jurisdiction in Texas. Both Motorola and Purchaser consent to jurisdiction over it by such a court. The use of any ADR procedures will not be considered under the doctrine of laches, waiver or estoppel to affect adversely the rights of either party. Nothing shall prevent either of the parties from resorting to the judicial proceedings mentioned in this paragraph if (a) good faith efforts to attempt resolution of the dispute under these procedures have been unsuccessful or (b) interim relief from the court is necessary to prevent serious and irreparable injury to one of the parties or others. Section 11 SEVERABILITY If any portion of this Agreement or any exhibits hereto is held to be invalid, such provision or portion of such provision shall be considered severable, and the remainder of this Agreement shall not be affected. Section 12 HEADINGS AND SECTION REFERENCES City of Fort Worth Motorola P25 IP Trunked Radio System Agreement -7- System Purchase Agmt June 8,2011 draft. The headings given to the paragraphs are inserted for convenience only and are in no way to be construed as part of this Agreement or as a limitation of the scope of the particular paragraph to which the heading refers. Section 13 FULL AGREEMENT This Agreement and its Exhibits constitute the final expression of the agreement of the parties and supersedes all previous agreements and understandings, whether written or oral, relating to the work. This Agreement may not be altered, amended, or modified except by written instrument signed by duly authorized representatives of the parties. Section 14 RIGHT TO AUDIT Motorola agrees that Purchaser shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of Motorola involving transactions relating to this contract. Purchaser may send a representative to a Motorola facility during normal business hours to conduct such limited review, or at Purchaser's request Motorola will provide copies of the specific documents to Purchaser's location for its review. Motorola books and records provided to Purchaser pursuant to this provision shall not be used, duplicated or disclosed to any other third party without the express written permission of Motorola, unless required by law. In no circumstances will Motorola be required to create or maintain documents not kept in the ordinary course of Motorola's business operations, nor will Motorola be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietary to Motorola. Motorola agrees that Purchaser shall have access during normal working hours to all necessary Motorola facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Purchaser shall give Motorola reasonable advance notice of intended audits. (a) Motorola further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that Purchaser shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, subject to the provisions of the paragraph above, involving transactions to the subcontract, and further, that Purchaser shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. Purchaser shall give subcontractor reasonable advance notice of intended audits. (b) Motorola and subcontractor agree to photocopy such documents as may be requested by Purchaser. Purchaser agrees to reimburse Motorola and or subcontractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth Motorola P25 IP Trunked Radio System Agreement -8- System Purchase Agmt June 8,2011 draft. Section 15 PURCHASES BY THIRD PARTY USERS OF THE SYSTEM A Third Party User is an entity that enters into a separate written agreement with Purchaser to use the System for the entity's primary public safety communications needs ("Third Party User"). If the Third Party User is a governmental entity under the laws of the state of Texas, such Third Party User shall be entitled to pricing as set forth in the Section 6(G) for equipment to be used primarily on the System for a period of time ending on May 31, 2012. From June 1 st, 2012 through and including December 31, 2014, a Third Party User that is a governmental entity shall be entitled to the following pricing: H-GAC pricing with the following (1) an additional 9.10% on infrastructure, civil work, system services, and subscriber accessories, and (2) an additional 20.0% discount on all APX 6000, APX 6500, APX 7000, APX 7500, XTS, and XTL subscriber units and flash kits. Third Party Users will be required to enter into a contract with Motorola substantially similar to the terms in this Agreement with adjustments depending upon if the purchase will be equipment only or an add-on to the System. [Signature Page to Follow] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the last day and year written below. MOTOROLA SOLUTIONS,INC. CITY OF FORT WORTH _��eBy: By_ (Signature) Name: Dg2 VA e 0 ✓1 e!�z Name:Karen L.MontgomM (Print-Block Letters) Title:�1 `� ��,c e P6-����ln, ! Title:Assistant City Manager (Print-Block Letters) ( ^/ / Date: (L � oc o / ) / Date: CONTRACT AUTHORIZATION: APPROVED TO FORM AND LEGALITY: M&C: B_v: .Farmer Date Approved: Assistant City Attorney- ATTEST: aPROV RECOMMENDED: OFFICIAL RECORD O �a� By: 000a CITY SECRETARY�.c Marty Hendrix o °Qp Pete A n FT. WORTH, TX City Secretary 91'. IT Solutions Director o City of Fort Worth Motorola Q o P25 IP Trunked Radio System Agreement 00 oc�VQO°*ICY �� 00«00"0' 9-� System Purchase Agmt June 8,2011 draft. M&C Review i Official site of of • Worth, City Council Agenda FORTWORTN COUNCIL ACTION: Approved on 611412011 - 19735-06-2011 DATE: 6/14/2011 REFERENCE NO.: G-17303 LOG NAME: 13TAX NOTES 11 CODE: G TYPE: NON-CONSENT PUBLIC HEARING: NO SUBJECT: 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 Via 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, Providing 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 Execution 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&Associates 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 via Tax Notes; 2. Adopt the attached ordinance authorizing the issuance of Tax Notes 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 ordaining 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 equipment 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: tom://apps.dWr)et.org/coundl_packet/mc_review.asp?ID=15442&ooundkiate=6/14/2011(1 of 4)[6/16/201110:09:25 AM] M&C Review; e 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 in 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, 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. http://apps.cfwnet.org/council�acket/mc_review.asp?ID=15442&coundidate=6/14/2011(2 of 4)[6/16/201110:09:25 AM] M&C Reviewl 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 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 engineering, consulting and other professional services through March 2015. These services will include detailed work regarding system design reviews, frequency licensing, acceptance testing and other critical 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 total cost and provide a funding source for the Fiscal Year 2012 debt service 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 simplify 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 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15442&coundldabe=6/14/2011(3 of 4)[6/16/2011 10:09:25 AM] M&C Revi". 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 commitment 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 Financial Management Services Director also certifies that funds will be available to make the debt service payments on these obligations, and funds will be available in the General Fund, as appropriated, to satisfy the City's obligations. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Karen Montgomery (6222) Office by: Originating Department Head: Lena Ellis (8517) Additional Information Contact: James Mauldin (2438) ATTACHMENTS note ord draft 060611.doc http:Happs.cfwnet.org/council_packet/mc_review.asp?ID=15442&coundldate=6/14/2011(4 of 4)[6/16/2011 10:09:25 AM]