HomeMy WebLinkAboutExhibitCHANGE ORDER No. 14
Project: Computer Aided Dispatch System ("CAD"), Law Records Management System
("RMS" or "LRMS"), Premier Mobile Data Communications System ("PMDC") and
Field Based Reporting System ("RMS");
Owner: City of Miami ("City")
Contractor Printrak, International, Inc., a wholly owned subsidiary of Motorola, Inc. and
Motorola, Inc. ("Motorola")
Agreement: Computer Aided Dispatch System Agreement ("Agreement"), No. 03-17510.
The above referenced Agreement is amended by this Change Order.
1. Description of Change Order.
The parties to the Agreement believe it is in the best interests of both parties to cancel the Fire
Department implementation, referred to as Phase 2 of the Agreement. Accordingly, the parties
agree to delete the Phase 2 implementation and Contractor agrees to additionally compensate
the City for time and expense incurred in accordance with the terms of this Change Order.
2. Document Modification.
The Technical and Implementation Documents and all other contract documents are hereby
deemed to be amended to delete all references to the Fire Department implementation.
3. Contract Price Adjustments.
Summary of contract price adjustments:
Original contract price, including Police and Fire $6,710,089
Total of previous Change Orders, Nos. 1-13 $ (255,507)
Total contract price $6,454,582
Change Order No. 14, Fire portion, to be deleted $1,201,872
Adjusted contract price $5,252,710
Payments made by City to date $2,303,422
Balance of contract price due $2,949,288
Upon execution of this Change Order, Contractor will submit a detailed invoice the City for the
balance due and the City will pay the undisputed portion of $2,769,057 within the time provided
by Florida's Prompt Payment Act., Section 218.70, et. Seq., Fla. Stat. Upon conditional
acceptance of FBR the City will make a payment of $160,132 and will make a final payment of
$20,099 upon final acceptance of FBR, both additional payments will be made within the time
provided by Florida's Prompt Payment Act., Section 218.70, et. Seq., Fla. Stat.
4. Termination Credit to City.
The City shall receive an in -kind equipment and services credit from Contractor in the amount of
$1,812,000 to compensate the City for the time and expense incurred for actions taken by the
City as a result of entering into and later terminating the Fire Department portion of the
Agreement, including the hiring of IBM as Program Manager, maintaining the City's existing
CAD system on the UNISYS mainframe, setting up a potential partnering arrangement between
Police and Fire, and other related actions.
The credit may be used for the purchase of PrintraklMotoroia equipment and services at
Contractor's prices negotiated between the parties and the credit must be used within two years
from the effective date of this Change Order. If the credit is not fully used within this two year
period an additional two year period shall commence automatically.
A List of Equipment and Services totaling $1,812,000 is attached hereto as Exhibit A. With
regard to the equipment, services and quantities contained on the List of Equipment and
Services, the City shall have the right, in its sole discretion, at any time, to change the type of
equipment, services or quantities thereof by an additional written Change Order.
Additionally, each year for the five (5) year term of the Maintenance and Support Agreement,
attached hereto as Exhibit D, commencing September 3, 2006, Motorola agrees to provide a
fifteen (15%) discount from the City's annual maintenance fees, including the four (4%) annual
escalation amount, as provided on Exhibit B, Revised Schedule of Covered Products and
Maintenance Pricing.
5. Acceptance
The parties confirm that Final System Acceptance of the CAD, RMS and PMDC subsystems
occurred on September 2, 2005 as evidenced by the parties' execution of the System
Acceptance document dated December 19, 2005, and that, as referenced in the System
Acceptance Document, the FBR system remains to be completed. Upon final acceptance of the
FBR subsystem, the entire system will be considered to be fully complete.
6. Maintenance
If the City elects to purchase maintenance and support services in accordance with the
Maintenance and Support Agreement, Exhibit D to the Agreement, then the fees will be as
specified in the Exhibit C-1 to the Agreement, List of Deliverables and Pricing, reduced by the
amount that represents maintenance attributable to the Fire Department portion of the project
that is being deleted pursuant to the terms of this Change Order. The revised schedule of
covered products and maintenance fees is attached as Exhibit B, Revised Schedule of Covered
Products and Maintenance Pricing.
The Deccan International software, as a part of Phase 2 of the project that is being deleted
under this Change Order, will be removed, unless the Fire Department elects to continue use of
the software. If the Fire Department elects to continue use, it will enter into a new contract
directly with Deccan and become responsible for the cost associated with use and maintenance
of the software after the Effective Date of this Change Order. The annual invoice from Deccan
International dated February 7, 2006, showing a charge in the amount of $22,770 for
maintenance fees for the period of March, 2006 through February 2007, is attached hereto as
Exhibit C. This invoice is presently due and payable and will be prorated between Motorola and
the City if the City elects to continue maintenance as of the date of this Change Order.
7. Performance Bond.
The Performance Bond shall be released upon final acceptance of the FBR subsystem.
8. General.
Except as specifically stated in this Change Order, the Agreement and the previous Change
Orders are in all other respects ratified, confirmed and continue in full force and effect. If there
are any inconsistencies between the provisions of this Change Order and the provisions of the
Agreement and/or any previous Change Order , the provisions of this Change Order will prevail.
The compensation and changes agreed upon in this Change Order are the complete equitable
adjustments and final payment amount for all costs the City and Contractor have incurred as a
result of or relating to the provisions conta�ij cin this Change_Oxder
The partie hereby voluntarily and freely{ oveenantinot to sue and)release, discharge, resolve,
settle and micably resolve all claims, actions, liabilities, costs or fees, against one another,
their successors or assigns, arising or occurring from the Fire Department portion of this
Agreement , any prior Change Order, and/or this Change Order.
This Change Order constitutes a full, complete and final understanding between the parties as
to its subject matter and supersedes ail prior and contemporaneous understandings between
the parties as to its subject matter.
Effective Date of this Change Order is , 2007
IN WITNESS WHEREOF the parties have executed this Change Order as of the above
Effective Date.
Printrak International, Inc., and City of Miami , a Florida municipal
corporation
Motorola, Inc.
By: By:
Name: Timothy Boyle Name: Pedro G. Hernandez
Title: MSSI Vice -President Title: City Manager
Public Safety Applications Attest:
Priscilla A. THompson, City Clerk
Date: Date:
Attest:
Assistant Corporate Secretary
(affix Corporate Seal)
Peter Korinis, Director
Information Technology
Approved as to Insurance Requirements:
LeeAnn Brehm, Risk Management Director
Approved as to Form and Correctness:
Jorge L. Fernand•ez, City Attorney