HomeMy WebLinkAbout08675ORDINANCE NO. 8675
AN ORDINANCE APPROVING AN AMENDMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
PUEBLO COUNTY, AND MOTOROLA SOLUTIONS, INC. IN
FURTHERANCE OF THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO
COUNTY SUBMITTED CONTEMPORANEOUSLY HEREWITH
FOR UPGRADES AND IMPROVEMENTS TO THE 800 MHZ
RADIO EQUIPMENT AND INTEROPERABLE RADIO
COMMUNICATIONS SPECIFIC TO THE CITY OF PUEBLO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement between the City of Pueblo, a Municipal Corporation,
Pueblo County and Motorola Solutions, Inc., amending the June 26, 2013 contract between
Pueblo County and Motorola Solutions, Inc. consistent with the Intergovernmental Agreement
between the City of Pueblo, a Municipal Corporation, and Pueblo County submitted
contemporaneously, and relating to the upgrade of 800 MHZ radio equipment, attached hereto
and having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized and directed to execute said
Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the
City thereto and attest same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the attached Agreement to effectuate the
transactions described therein.
SECTION 4.
This Ordinance shall become effective immediately upon passage and approval.
INTRODUCED: November 25, 2013
BY: Sandy Daff
PASSED AND APPROVED: December 9, 2013
Background Paper for Proposed
ORDINANCE
DATE:
AGENDA ITEM # R-3
November 25, 2013
DEPARTMENT:
Information Technology Department
Lori Pinz, Director
Pueblo Police Department
Luis Velez, Chief of Police
Pueblo Fire Department
Dale Villers, Interim Fire Chief
TITLE
AN ORDINANCE APPROVING AN AMENDMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, PUEBLO COUNTY, AND MOTOROLA SOLUTIONS, INC. IN
FURTHERANCE OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
PUEBLO AND PUEBLO COUNTY SUBMITTED CONTEMPORANEOUSLY HEREWITH FOR
UPGRADES AND IMPROVEMENTS TO THE 800 MHZ RADIO EQUIPMENT AND
INTEROPERABLE RADIO COMMUNICATIONS SPECIFIC TO THE CITY OF PUEBLO
ISSUE
Should the City Council approve the Intergovernmental Agreement with Pueblo County and
Motorolas upgrading and improving interoperable radio communications specific to the City of
Pueblo?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
Pueblo County has received a grant from the State of Colorado through the United States
Department of Homeland Security (DHS) and the Federal Emergency Management Agency
(FEMA) 2012 CSEPP (Chemical Stockpile Emergency Preparedness Program) program to
develop a new DTR zone. The City owns radio towers and fiber infrastructure vital to
implementing the new zone as well as enhancing the DTR system for the region and Pueblo
Chemical Depot demilitarization operations. In exchange for the City providing three (3) tower
locations and fiber connectivity, the County will use a portion of the CSEPP funding to upgrade
and improve overall connectivity to the DTR system from the City sites.
The County entered into a contract with Motorola Solutions, Inc. on June 26, 2013 to provide the
equipment, installation, project management and training for all sites participating in the
upgrade. The IGA between the City and County, which is submitted contemporaneously with
this Amendment, requires the County to amend its agreement with Motorola to make specific
sections applicable to the City. The Amendment makes the City of Pueblo a third-party
beneficiary to the Motorola contract and extends certain provisions of the Motorola contract to
the City consistent with the IGA entered into with the County. In addition, the Amendment
provides for the transfer of the hardware and software licenses to the City upon completion of
the FEMA disposition process or upon completion of the de-milling process at the Pueblo
Chemical Depot.
FINANCIAL IMPACT
None
AMENDMENT
This Amendment is entered into as of the 9th day of December, 2013 ( "Effective Date "),
by and between Pueblo County, Colorado ( "County "), the City of Pueblo, Colorado
( "City ") and Motorola Solutions, Inc. ( "Motorola ").
WHEREAS, the County and Motorola have entered into a Communications System
Agreement ( "Agreement ") with an Effective Date of June 26, 2013 pursuant to which
Motorola will sell and County will purchase certain radio system upgrades and
enhancements to the County's and City's current 700/800 MHz Digital Trunked Radio
System (DTRS); and,
WHEREAS, funds have been appropriated and distributed to the County, by the United
States Department of Homeland Security, Federal Emergency Management
Agency(FEMA), for the 2012 and 2013 Chemical Stockpile Emergency Preparedness
Program ( "CSEPP ") a portion of which CSEPP funding will be used by the County to
pay for certain of the radio system upgrades and enhancements to the City's DTR
equipment and sites; and,
WHEREAS, the County and the City have entered into an Intergovernmental Agreement
which, among other things, provides for the transferring by the County to the City of the
upgrades and enhancements made to the City's equipment and sites.
NOW THEREFORE, in consideration of the foregoing recitals, and the promises and
conditions set forth below, the parties agree to amend the Agreement as follows:
1.) Exhibit C (Technical and Implementation Documents dated 6 -17 -13 of the
Agreement shall apply as between Motorola and the City to the City's System or
Subsystem DTR equipment which is a part of the overall upgrades and enhancements
covered by the Agreement ( "City Upgrades ").
2.) Section 3 of the Agreement, as amended hereby, shall apply to the City as it
relates to the City Upgrades.
a. Section 3.2 is hereby modified to provide that all change orders to City
Upgrades must be in writing and signed by the City, County and Motorola in
order to be valid.
b. It is specifically recognized that the City shall be permitted to order
additional Equipment and Software pursuant to Section 3.4 of the Agreement.
c. Section 3.5, including Exhibit D (Service Statement(s) of Work and
Service Terms and Conditions (if applicable)) of the Agreement shall apply as between
Motorola and the City to the City Upgrades.
d. It is specifically recognized that as between the City and Motorola all
Motorola Software and Non - Motorola Software which are a part of the City Upgrades are
covered by Section 3.6 (Motorola Software) and Section 3.7 (Non- Motorola Software) of
the Agreement.
3.) Section 6.3 shall apply as between Motorola and the City as to the City
Upgrades.
4.) Motorola shall provide to the City the training as provided for in Section 7
(Training) of the Agreement for the City Upgrades.
5.) Section 8 (System Acceptance) of, and Exhibit E to the Agreement shall apply
as between Motorola and the City as to the City Upgrades.
6.) Section 9 (Representation and Warranties) as specifically changed by Section
6(a) below of this Amendment, shall apply as between Motorola and the City to the City
Upgrades.
a. Section 9.6 (End User Is Covered) is deleted in its entirety and replaced
with the following:
These express limited warranties are extended by Motorola to Customer.
Customer may assign and transfer these express limited warranties to the
City as to the City Upgrades and for which the City must be the end user
of the System for commercial, industrial, or governmental use only. These
express limited warranties are not further assignable or transferable.
7.) Section 11 (Disputes) of the Agreement shall apply as between Motorola and
the City for any action arising under the Agreement, as amended hereby, or for the
enforcement of this Amendment.
8.) Section 13 (Indemnification) shall apply as between Motorola and the City.
9.) Section 14 (Limitation of Liability) of the Agreement shall apply as between
Motorola and the City.
10.) Section 15 (Confidentiality and Proprietary Rights) of the Agreement shall
apply as between Motorola and the City.
11.) Section 16 (General), as amended hereby, shall apply as between Motorola
and the City.
a. Section 16.8 (Notices) of the Agreement is amended to add the
following information as to the City:
City of Pueblo City of Pueblo
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Attention: City Manager Attention: IT Director
200 S. Main 200 S. Main
Pueblo, CO 81003 Pueblo, CO 81003
b. Section 16.11 (Administrator Level Account Access) shall apply as
between Motorola and the City.
c. Section 16.12 (Survival of Terms) shall apply as between Motorola
and the City as modified as follows:
The following provisions will survive the expiration or termination of
this Agreement, as amended, for any reason: Section 3.6 (Motorola
Software); Section 3.7 (Non- Motorola Software); Section 9.7
(Disclaimer of Implied Warranties); Section 11 (Disputes); Section 13
(Indemnification); Section 14 (Limitation of Liability); Section 15
(Confidentiality and Proprietary Rights.); and all of the General
Provisions in Section 16
12.) Section 17 (Insurance) of the Agreement shall apply as between Motorola
and the City.
13.) Unless modified, or applied to the City by this Amendment, all terms,
conditions and provisions of the Agreement remain in full force and effect.
14.) The City is an intended third party beneficiary of the Agreement as amended
hereby and as such may bring a Dispute or an action in its own name to enforce any
provision of the Agreement as to any party.
15.) Unless otherwise specifically defined herein, all capitalized terms shall have
the same meaning as ascribed to them in the Agreement.
IN WITNESS WHEREOF the parties have executed this amendment as of the Effective
Date.
[INTENTIONALLY LEFT BLANK]
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Motorola Solutio : c. /
By: _ _ iAll,
Name: T ^ T
Title: MSSS1T.: • & 1r Sales
Date: 11171 .
ATTEST: CITY OF PUEBLO
By Ci \�c1\, By �„.�.
City rk Presi . e --- of the City Council -
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF PUEBLO COUNTY, COLORADO
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By /L •� B -i1- 1
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County Clerk & Recorde F
PUEBLO COUNTY, COLORADO
aria A
By /l %/
Kirk Taylo eriff
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