MOTION by Council Member Stardig to amend Item 49 below:
The following section is added to the beginning of Section IV(B), Method of Payment :
(1) Payment for Prior Services
On or before August 10, 2016, the City shall pay 50% of the Original Allocation for Prior Services. On or before November 9, 2016, the City shall pay the remaining balance of 50% of the Original Allocation for Prior Services.
The following number and heading is added to the beginning of the second paragraph of Section IV(B), Method of Payment:
(2) Payment for Services Under this Agreement
The following section is added after the end of section “(2) Payment for Services Under this Agreement” of Section IV(B), Method of Payment:
(3) Credits
Contractor agrees to allow the City to deduct a total of $57,602.00 from all future invoices beginning on the date the City pays for Prior Services in full as outlined in Article IV (G) or $4,380,045.53, whichever occurs first.
The first sentence in Section IV (F) (2), Limit of Appropriation, is amended to read as follows:
(2) In order to comply with Article II, Sections 19 and 19a of the City's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $4,405,929.53 $4,380,045.53 to pay money due under this Agreement (the “Original Allocation”).
Section IV (G), Prior Services, is amended to read as follows:
G. Prior Services
Contractor represents that:
From July 1, 2015 to the date hereof, Contractor performed services and provided Devices (“Prior Services”) similar to those set out in this Agreement, in order to address urgent, unexpected issues related to the matters described herein, for which the Contractor was originally engaged under Purchase Orders at the City's request.
The City accepted Prior Services but funds available under the Purchase Orders were not sufficient to pay for the Prior Services and were not available under any other contract in existence during that time; and fees for the Prior Services, based on the terms and conditions of the Purchase Order, do not exceed $4,405,929.53 $4,380,045.53.
As an inducement to entering into this Agreement and continuing to provide defibrillator maintenance services and automated external and public access defibrillators, the City and Contractor desire to compromise and settle all claims Contractor may have arising out of the City's alleged failure to pay Contractor for the Prior Services (the “Claims”). Therefore, the City shall pay and Contractor shall accept payment for all Prior Services in an amount not to exceed $4,405,929.53 $4,380,045.53, which sum is included in the amount of this Agreement, and Contractor agrees to accept such payment to settle the Claims against the City. Payment of Prior Services hereunder by the City is an inducement and requirement for the Contractor’s agreement to provide services under this Agreement. Contractor hereby releases and discharges the City from all claims of any nature Contractor might make, now or in the future, arising out of the City's alleged failure to pay Contractor for the Prior Services.
Section 10 in Exhibit “A”, Scope of Services, is amended to read as follows:
10.0 Warranty Periods
The LIFEPAK 1000 device includes a standard limited 5 year warranty. The LIFEPAK 15 has a one-year limited warranty and thereafter an extended warranty for an additional 4 months expiring at 11:59 p.m. CST on May 31, 2017, which extended warranty Contractor shall provide to the City at no cost to the City, representing a value of approximately $46,833. The LIFEPAK CR PLUS is covered by an eight-year limited warranty and LIFEPAK EXPRESS has a five-year limited warranty.
TAGGED BY COUNCIL MEMBER TRAVIS