LA-RICS, Motorola Solutions agree to target acceptance of P25 system for October 2023

Officials for the Los Angeles Regional Interoperable Communications System (LA-RICS) and Motorola Solutions have agreed to set October 2023 as the target date for acceptance of the regional P25 system that initially was scheduled for completion in 2018.

During a meeting of the LA-RICS Joint Powers Authority board conducted last week, LA-RICS Executive Director Scott Edson stated that a last-minute agenda item—Amendment 82—reflects the agreement between LA-RICS and Motorola Solutions, Inc. (MSI) on an integrated master schedule (IMS) for the LMR project.

“Amendment 82 … memorializes a consensus on the updated integrated master schedule—a tool we’ve been working toward to ensure collective management and progress toward system completion,” Edson said during the Oct. 7 board meeting, which was conducted virtually.

“The amendment document does not increase the maximum contract sum of our agreement with MSI. The amendment also memorializes a schedule with a completion date of October of 2023 and restructures the manner in which we will accept the system. It will now be a subsystem acceptance, as each subsystem will be completed, tested and optimized.”

Currently, the maximum contract sum for the LA-RICS P25 project is $289.62 million, according to agenda documents released prior to the board meeting.

Board members unanimously approved the amendment targeting final acceptance of the P25 system in October 2023 after meeting in closed session. There was no meaningful board discussion of the matter during the public portion of the meeting.

Information associated in the agenda provided details about the altered payment plan associated with the new deployment schedule.

“Withhold payments in the approximate sum of $7.5 million that were originally going to be paid in one lump sum at final system acceptance will now be broken out into six phased payments,” according to the agenda document. “Five withhold payments will be due when each of the five subsystems are accepted for use by the [LA-RICS] Authority, and the sixth and last payment of $1.5 million will be due at final LMR system acceptance.”

During last month’s LA-RICS board meeting, Edson acknowledged that LA-RICS would be paying Motorola Solutions more money to finish the P25 system, although he did not announce an estimate figure for the increased cost. LA-RICS is preparing an application to get federal funding through the UASI 2022 grant program, he said at the time.

Agenda information detailed the significance of LA-RICS and Motorola Solutions agreeing on a integrated master schedule, which has been the subject of negotiations for almost a year.

“As your board is aware, the buildout of the LMR system has extended beyond the initial construction and implementation schedule, which was initially slated to conclude in 2018,” LA-RICS board-meeting agenda documents read. “The project has experienced a variety of factors which impacted [the buildout] schedule, including—but not limited to—adverse weather conditions, the 2020 fire season, the COVID-19 pandemic, frequency interference, and Motorola Solutions, Inc., (MSI) performance issues.

“For the better part of a year, the Authority has been working with and requiring MSI to provide an updated schedule that both parties can manage to and that will allow for completion of the LMR system. This Amendment No. 82 allows us to address the lack of an Integrated Master Schedule (IMS) over the last year that resulted in MSI’s contract default.”

Although the much-anticipated integrated master schedule agreement is now in place, both Motorola Solutions and LA-RICS included wording in the amended contract that preserves their legal rights to pursue litigation in the future, according to the agenda documents.

“Nothing in this Amendment No. 82 … constitutes, or shall be construed to constitute, an accord and satisfaction, or settlement, or waiver, or relinquishment, of any claims by Contractor against the Authority, and any rights or remedies of Contractor against the Authority,” according to the Amendment No. 82 wording included in the LA-RICS board agenda.

“For the purposes of clarity, MSI maintains its position that it can seek any claims under the agreement and that nothing has expired or been waived by operation of law or pursuant to the terms of the agreement. LA-RICS disagrees and maintains its right to assert that it has expired or been waived.”

Similar language is included in the amendment from the LA-RICS perspective.

“The [LA-RICS] Authority expressly reserves, and does not waive, any and all claims, rights, defenses and remedies it may have against the contractor [Motorola Solutions] … for late completion of work,” according to the LA-RICS board agenda document.

“For the purposes of clarity, MSI maintains its position that it can seek any claims under the agreement and that nothing has expired or been waived by operation of law or pursuant to the terms of the agreement. LA-RICS disagrees and maintains its right to assert that it has expired or been waived.”