HomeMy WebLinkAboutResolution No. 2012-052
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2012- 0'4
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN
THE CITY OF THE COLONY AND THE CITIES OF PLANO, TEXAS
AND ALLEN, TEXAS, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "A", FOR THE USE OF THE
ALLEN AND PLANO POLICE RADIO COMMUNICATIONS SYSTEM;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the parties hereto are political subdivisions of the State of
Texas; and
WHEREAS, Chapter 791 of the Government Code Interlocal
Governmental Cooperation Act provides for contractual agreements between
governmental entities; and
WHEREAS, the Federal Communications Commission has mandated the
narrowing of all UHF and VHF frequencies by January 1, 2013; and
WHEREAS, the City Council has determined that it would be in the best
interest of public health, safety and welfare to enter into the Interlocal
Cooperation Agreement with the cities of Plano, Texas and Allen, Texas for the
use of the Allen and Plano Police Radio Communications System;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Manager is hereby authorized to execute an Interlocal
Cooperation Agreement with the cities of Plano, Texas and Allen, Texas, for the use of the Allen
and Plano Police Radio Communications System, which is attached hereto and incorporated
herein as Exhibit "A".
Section 2. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
19th day of June, 2012.
oe NlcCour y, Mayor
ATT ST:
Christie Wilson, kMC, City Secretary
.car`
APPROVED AS TO FORM:
Jeff Moore; City Attomey
AGREEMENT BETWEEN THE CITIES OF ALLEN AND PLANO AND
THE CITY OFTHE COLONY FOR THE USE OF THE ALLEN AND
PLANO RADIO COMMUNICATIONS SYSTEM
The CITIES OF PLANO, TEXAS, AND ALLEN, TEXAS, both Texas home-rule
municipalities (hereinafter referred to as "Cities"), and the CITY OF THE COLONY,
TEXAS, a Texas home-rule municipality (hereinafter referred to as "The Colony"), agree
as follows:
WHEREAS, the Cities and The Colony are political subdivisions within the State
of Texas, each of which engages in the provision of governmental services for the
benefit of their citizens; and
WHEREAS, the Interlocal Cooperation Act under Chapter 791 of the Texas
Government Code (the "Act") provides authority for local governments of the State of
Texas to enter into Interlocal agreements with each other regarding governmental
functions and services as set forth in the Act; and
WHEREAS, the cities of Allen and Plano jointly own, operate, and maintain the
radio communications system exclusive of the radios owned individually by each city
(hereinafter referred to as "System") for the purpose of providing radio communications
in support of its governmental operations; and
WHEREAS, The Colony wishes to use certain portions of the System for its
governmental operations; and
WHEREAS, the use of the System in the provision of governmental services
benefits the public health and welfare, promotes efficiency and effectiveness of local
governments, and is of mutual concern to the contracting parties; and
WHEREAS, The Colony and the Cities have current funds available to satisfy
any fees and costs required pursuant to this Agreement.
NOW, THEREFORE, the Cities and The Colony, for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows:
1. TERM
The term of this Agreement is for a period of five (5) years, beginning on the V t
day of January 2013, and ending on the 30th day of September 2017, with an optional
three (3) year automatic renewal, unless terminated earlier by either party in accordance
with the terms of this Agreement. Unless terminated by the Cities or The Colony, as set
forth hereafter, this agreement shall automatically renew yearly without further action
until its automatic termination on the 30th day of September, 2020. The first year of the
contract will be pro-rated.
II. OBLIGATIONS OF THE COLONY
2.01 The Colony shall use the System in accordance with this Agreement to
provide integration of communications by The Colony between its users on the System
for governmental operations.
2.02 When using the System, The Colony shall abide by all applicable federal
and state laws and regulations, including any regulations of the Allen and Plano Radio
System. When The Colony uses the System for interoperability with Talkgroups
(hereinafter defined) other than those provided by this Agreement, The Colony will also
abide by the user rules of those Talkgroups.
2.03 The Colony must provide a written request to the Plano System Manager
to activate radios (hereinafter referred to as "Subscriber Units") on the System. Such
request must include the model and serial number of the Subscriber Unit, the name of
the user, and identifying Talkgroups required in the Subscriber Unit.
2.04 The Colony is responsible for furnishing its own Subscriber Units, which
must be compatible with the APCO P-25 Digital system, and for maintenance of the
Subscriber Units. The Colony is responsible for all software and hardware required to
program these Subscriber Units should it choose a different manufacturer than the cities
of Allen and Plano.
2.05 The Colony shall use reasonable efforts to acquire equipment necessary
to utilize the System in accordance with all applicable local, state, and federal law. In the
event The Colony is unable to obtain equipment necessary to utilize the System prior to
January 1, 2013, The Colony shall provide written notice to the Cities prior to that date.
In the event The Colony provides written notice to the Cities prior to January 1, 2013, in
accordance with this Section 2.05, this Agreement shall terminate automatically without
further obligation of the parties.
III. OBLIGATIONS OF CITIES
3.01 The Cities will lease to The Colony four (4) Talkgroups, which are a
primary level of communication for users on the System (hereinafter referred to as
"Talkgroup"), comparable to a channel on a conventional radio system, for the exclusive
use of The Colony. Talkgroups will be established for The Colony by Plano.
3.02 The Plano System Manager will not activate radios on The Colony
Talkgroups nor make changes to The Colony radios without first receiving authorization
from the designated representative of The Colony, unless in the opinion of Plano, such
action is necessary to eliminate harmful interference.
3.03 Plano is also responsible for:
(1) Coordinating Talkgroups among system users;
(2) Grouping of Talkgroups to allow transmitting and receiving on all
associated Talkgroups as required by The Colony;
(3) The operation, maintenance, and control of the System.
IV. FEES
The fees assessed against The Colony and due annually for services and use of
the System are as follows:
(1) Lease radio airtime (per radio, per month) $ 8.56
(2) Lease Talkgroup (per Talkgroup, per month) $ 62.97
(3) Administrative and Technical fee (per month) $96.30
None of the charges listed above include the cost of maintenance of mobiles, portables,
or control stations/points.
The Cities may increase these fees at the beginning of each fiscal year by an
amount not to exceed seven percent (7%) of the previous year's fees. The Cities will
provide 120 days' notice to The Colony before increasing the fees.
Total Fees for Annual Service
Based on the fees set out above, the Cities will calculate the annual fee due
based upon the total number of radios and Talkgroups and submit an invoice to The
Colony on or before October 1St of each year. This amount is subject to change when
The Colony adds or deletes the number of radios and/or Talkgroups in service. The
Colony must notify the Plano System Manager in writing of any addition or deletion of
radios and/or Talkgroups. The amount owed for annual fees for additions of
radio/Talkgroups will be prorated for the year added, invoiced immediately, and amounts
will be due within 30 days of receipt of the invoice for the addition(s). The amount owed
for annual fees will be adjusted for deletions the next contract year. No refunds will be
given for payments made for radios/Talkgroups deleted after annual payment until the
next contract year.
V. PAYMENT DUE
The Colony agrees to pay the Cities the annual fees specified under Article IV
within thirty (30) days of the receipt of the invoice. Should The Colony add radios or
Talkgroups to the service within a term, The Colony agrees to pay the additional fee(s)
due within thirty (30) days of invoice. All payments for expenses incurred as a result of
the performance of this Agreement shall be made only from current revenues legally
available to each respective party.
VI. TERMINATION
6.01 Termination of this Agreement may occur by any of the following:
(1) Either party may terminate this Agreement at any time by giving one
hundred and eighty (180) days advance written notice. The Colony shall
pay for all fees incurred through the effective date of termination.
(2) If the Cities permanently discontinue the operation of its System, this
Agreement shall terminate on the date of discontinuance without further
notice, and no fees will be reimbursed by the Cities to The Colony.
VII. RELEASE AND HOLD HARMLESS
To the extent allowed by law, each party does hereby agree to waive all claims
against, release, and hold harmless the other party and its respective officials, officers,
agents, employees, in both their public and private capacities, from any and all liability,
claims, suits, demands, losses, damages, attorneys fees, including all expenses of
litigation or settlement, or causes of action which may arise by reason of injury to or
death of any person or for loss of, damage to, or loss of use of any property arising out
of or in connection with this Agreement. In the event that a claim is filed, each party is
responsible for its proportionate share of liability.
VIII. IMMUNITY
In the execution of this Agreement, none of the parties waive, nor shall be
deemed hereby to have waived, its sovereign immunity or any legal or equitable defense
to any form of liability. The parties by entering into this Agreement do not create any
obligations, express or implied, other than those set forth herein, and this Agreement
shall not create any rights in parties not signatories hereto.
IX. ASSIGNMENT
The Colony agrees to retain control and to give full attention to the fulfillment of
this Agreement; The Colony cannot assign or sublet this Agreement without the prior
written consent of the Cities. Further, The Colony cannot sublet any part or feature of the
work to anyone objectionable to the Cities. The Colony also agrees that the subletting of
any portion or feature of the work, or materials required in the performance of this
Agreement, does not relieve The Colony from its full obligations to the Cities as provided
by this Agreement.
X. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the
Cities and The Colony, and supersedes all prior negotiations, representations and/or
agreements, either written or oral. The parties may amend this Agreement only by
written instrument signed by The Colony and the Cities, except that execution of an
amendment for assignment or subletting only requires the signature of the Cities.
XI. NOTICES
Unless notified otherwise in writing, all notices are required to be given to either
party in writing and delivered in person or send via certified mail to the other party at the
following respective addresses:
The Colony Representative: Plano Representative:
Police Chief Director, Public Safety Communications
City of The Colony City of Plano
5151 N Colony Blvd P.O. Box 860358
The Colony, Texas 75056 Plano, Texas 75086-0358
972-625-8273 972-941-7931
Allen Representative:
Police Chief
City of Allen
205 W. McDermott
Allen, Texas 75013
214-509-4200
XII. AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on
behalf of the parties hereto. Cities have executed this Agreement pursuant to duly
authorized acti n of the City Council of Plano on , 2012, and the City
of Allen on,/ Ze ; O , 2012. The Colony has this Agreement pursuant to duly
authorized action . f the City Council of The Colony on .12012.
XIII. SEVERABILITY
The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be
contrary to the law or contrary to any rule or regulation having the force and effect of the
law, such decisions shall not affect the remaining portions of the Agreement. However,
upon the occurrence of such event, either party may terminate this Agreement by giving
the other party thirty (30) days written notice.
XIV. VENUE
This Agreement and any of its terms or provisions, as well as the rights and
duties of the parties hereto, shall be governed by the laws of the State of Texas. The
parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if
legal action is necessary, exclusive venue shall lie in Collin County, Texas.
XV. INTERPRETATION OF AGREEMENT
Although this Agreement is drafted by the Cities, this is a negotiated document.
Should any part of this Agreement be in dispute, the parties agree that the Agreement
shall not be construed more favorably for either party.
XVI. REMEDIES
No right or remedy granted herein or reserved to the parties is exclusive of any
right or remedy granted by law or equity; but each shall be cumulative of every right or
remedy given hereunder. No covenant or condition of this Agreement may be waived
without the express written consent of the parties. It is further agreed that one (1) or
more instances of forbearance by either party in the exercise of its respective rights
under this Agreement shall in no way constitute a waiver thereof.
XVII. SUCCESSORS AND ASSIGNS
The parties each bind themselves, their respective successors, executors,
administrators and assigns to the other party to this contract. Neither party will assign,
sublet, subcontract or transfer any interest in this Agreement without the prior written
consent of the other party. No assignment, delegation of duties or subcontract under this
Agreement will be effective without the written consent of all parties.
EXECUTED on the dates indicated below:
CITY OF THE COLONY, TEXAS
BY:
Troy- Powel
City Manager
APPROVED AS TO FORM:
r-Jelff-~IM-oorel, City Attorney
CITY OF PLANO, TEXAS
11~
BY.
Bruce D. Gl~ss ock
City Manager
APPROVED AS TO FORM:
Diane C: `VC/etherbee, City Attorney
CITY OF ALLEN, TEXAS
BY: r(- r 6
Peter H. a gas, ity Manager
APPROVED AS TO FORM:
Peter G. Smith, City Att rney
ACKNOWLEDGEMENTS
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of
2012, by Troy Powell, City
Manager of the CITY OF THE COLONY, TEXAS, a home-rule municipality, on behalf of
such municipality. „b.
J.JSN cap Neon ° -S ( I/,~l i GL ~~U° a
'`~y{p}~y* MYCOv" i,2o12 Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of
zljti~" , 2012, by BRUCE D. GLASSCOCK, City Manager of the CITY
OF LANO, EXAS, a home-rule municipal corporation, on behalf of such municipal
corporation. /
„nrr• QENNtSE R FALLS V @ p' }O~~/~~ ~C/ P
f!lo4ory PubNa, State of TBooou
MY Jano20l6 Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF COLLIN §
ff~~This instrument was acknowledged before me on the l~ day of
W1 , 2012, by PETER H. VARGAS, City Manager of the CITY OF
ALLEN TEXAS, a home-rule municipality, on behalf of such Municipality.
~ Notary Public, State of exas
s ,.P'nvConnie S. Schofieldg
ova a Notary Public,
A 91,F State of Texas s
Comm. Exp. 09=16-13