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R-07-09-27-15E2 - 9/27/2007 RESOLUTION NO. R-07-09-27-15E2 WHEREAS, the City of Round Rock has previously entered into a Communications Products Agreement with Motorola for radios, related equipment, and services associated with the implementation of a digital radio system, and WHEREAS, Motorola, Inc. has submitted Supplemental Agreement No. 1 to the Agreement to provide for a mutually-acceptable agreement for the City to decline a system credit offered by Motorola, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Motorola, Inc. , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Communications Products Agreement with Motorola, Inc. , a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of Septe r, op ELL, Mayor Ci AST: , of Round Rock, Texas , CHRISTINE R. MARTINEZ, City Secret y 0:�wdm'RESOLUTNt7092M.WPD/me THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 1 TO "COMMUNICATIONS PRODUCTS AGREEMENT"WITH MOTOROLA INC FIRM: Motorola,Inc. ADDRESS: Law Department,6450 Sequence Drive,San Diego,CA 92121 PROJECT: Purchase of radios and related equipment and services associated with implementation of a digital radio system This Supplemental Agreement No. 1 to "Communications Products Agreement" is made by and between the City of Round Rock, Texas(hereinafter called "City")and Motorola, Inc. (hereinafter called "Motorola"). WHEREAS,City and Motorola executed the above-referenced agreement(hereinafter called the "Agreement")on the 22nd day of March, 2007; and WHEREAS, it has become necessary to amend the Agreement to provide for a mutually- acceptable agreement for City to decline a system credit offered by Motorola in the amount of $22,950.00, thereby resulting in an increase in the total cost reflected in the Agreement: NOW THEREFORE, premises considered, City and Motorola agree that said Agreement is amended as follows: I. Subsection 5.1 "Contract Price" shall be amended as follows: 5.1 Contract Price. The Contract Price in U.S. dollars is One Million Seven Hundred Eighty-two Thousand One Hundred Nineteen and 20/100 Dollars($1,782,119.20). II. Exhibit B-1 "List of Products dated 2-9-07 Price Quote)." Pae 1 on line with the notation of "Total Trade In Credit (Trade in for Old Mobile/Portable Radios)" shall be amended by removing the credit shown of-$22,950.00, thereby increasing the Grand Total from $1,759,169.26 to the new total of $1,782,119.20. This Supplemental Agreement No. 1 amends the original Agreement only as to the noted decline of system credit and the commensurate increase in total cost, and there shall be no other changes in terms or conditions of the original Agreement. IN WITNESS OF ity and Consultant have executed this Supplemental Agreement No. 1 in duplicate or' i s. MOTOROL i r �J By: Title: Date Signed: - EXHIBIT 119547/jkg .9 "An CITY OF ROUND ROCK,TEXAS By: Title: Date Signed: ATTEST: By: CHRISTINE R. MARTINEZ, City Secretary FOR CITY,APPROVED AS TO FORM: By: STEPHAN L. SHEETS, City Attorney 2 DATE: September 20, 2007 SUBJECT: City Council Meeting - September 27, 2007 ITEM: 15E2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to Communications Products Agreement with Motorola, Inc. Department: Police Department Staff Person: Chris Bratton, Police Captain Justification: Earlier this year, council approved funding for the replacement of city-specific radio equipment in order to facilitate the transition of the Countywide Integrated Communications System's migration to digital radio in the fourth quarter of 2007. This agreement allows the city to decline the credit offered by Motorola for the city's existing, analog radios, allowing the city to sell that equipment instead. The change increases the cost of the contract to $1,782,119.20. Funding• Cost: $22,950.00 Source of funds: Capital Project Fund Background Information• CWICS is composed of Williamson County and the cities of Round Rock, Georgetown, and Cedar Park. The group has for years operated a public safety radio communications system. Three years ago, CWICS members began studying the need to replace this system, as it is rapidly becoming obsolete. Through the county, CWICS participated in a grant application with the City of Austin in 2005 to fund a radio system that essentially would make CWICS a node on the Austin-Travis County Regional Radio System. Ultimately, an $8 million project was awarded through the federal COPS program to replace the existing, analog radio system with a digital system. Implementation of that project requires all CWICS members to replace their existing equipment with digital equipment. The original $1.76 million contract approved in March provides for the field radio equipment and services (programming, installation, training, etc.) required to operate in the digital environment. Public Comment: None THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO. 1 TO "COMMUNICATIONS PRODUCTS AGREEMENT"WITH MOTOROLA,INC. FIRM: Motorola,Inc. ADDRESS: Law Department,6450 Sequence Drive,San Diego,CA 92121 PROJECT: Purchase of radios and related equipment and services associated with implementation of a digital radio system This Supplemental Agreement No. 1 to "Communications Products Agreement" is made by and between the City of Round Rock, Texas(hereinafter called "City") and Motorola, Inc. (hereinafter called "Motorola"). WHEREAS,City and Motorola executed the above-referenced agreement(hereinafter called the "Agreement")on the 22nd day of March,2007; and WHEREAS, it has become necessary to amend the Agreement to provide for a mutually- acceptable agreement for City to decline a system credit offered by Motorola in the amount of $22,950.00,thereby resulting in an increase in the total cost reflected in the Agreement: NOW THEREFORE, premises considered, City and Motorola agree that said Agreement is amended as follows: I. Subsection 5.1 "Contract Price" shall be amended as follows: 5.1 Contract Price. The Contract Price in U.S. dollars is One Million Seven Hundred Eighty-two Thousand One Hundred Nineteen and 20/100 Dollars($1,782,119.20). 11. Exhibit B-1, "List of Products dated 2-9-07 (Price Quote)" Page 1 on line with the notation of "Total Trade In Credit (Trade in for Old Mobile/Portable Radios)" shall be amended by removing the credit shown of-$22,950.00, thereby increasing the Grand Total from $1,759,169.26 to the new total of $1,782,119.20. This Supplemental Agreement No. 1 amends the original Agreement only as to the noted decline of system credit and the commensurate increase in total cost, and there shall be no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, City and Consultant have executed this Supplemental Agreement No. I in duplicate origin Is. MOTOROL C. By: .. , Title: MSS i V;ce f1 Date Signed: 1 119547/jkg CITY OF ROUND ROCK,TEXAS By: Titl . m G Date Signed: 042/07 ATTEST: By. k V CHRISTINE R. MARTINEZ, City Secretary FOR CITY,APPROVED AS TO ORM: By: 4SH A L. SH EETS,AEETS, City Attorney 2