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HomeMy WebLinkAboutResolution No. 2014-010 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2014- x';10 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 DISPATCH CENTER SUPPORT AND SERVICE; 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 Governmenml Cooperation Act provides for contractual agreements between governmental entities; 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 dispatch center support and service; 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 dispatch center support and service, 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 18th day of February, 2014. J~~ McCour y, Mayor r~ Tile t rT-/E Christie Wilson, TRMC, City Secretary W g TEXN APPROVED AS TO FORM: Jeff Moore;, City Attorney Contract No. 2014-209-I AGREEMENT BETWEEN THE CITIES OF ALLEN AND PLANO AND THE CITY OF THE COLONY FOR DISPATCH CENTER SUPPORT AND SERVICE 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 jointly own, operate, and maintain the radio communications system exclusive of the radios owned individually by each participating city (hereinafter referred to as "System") for the purpose of providing radio communications in support of its governmental operations; and WHEREAS, The Colony has entered into an Agreement to use certain portions of the System for its governmental operations ("the System Agreement") and has established a dispatch center connected to the System at 5151 N. Colony Blvd, The Colony, TX 75056 (hereinafter referred to as "the Dispatch Center"); 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; and WHEREAS, The Colony desires to have technical support and onsite infrastructure response for the Dispatch Center provided by the Cities; 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: Article I. TERM The term of this Agreement shall begin on February 1, 2014, and shall continue until such time as terminated by either party in accordance with Article VI of this Agreement. Article II. OBLIGATIONS OF THE COLONY Section 2.01 The Colony shall use the System in accordance with the Systems Page 1 Agreement to provide integration of communications by The Colony between its users on the System for governmental operations. Section 2.02 The Colony will purchase technical support services from Motorola Solutions, Inc., and will authorize the City of Piano's radio support personnel to be listed as authorized users who may contact Motorola Solutions, Inc. on behalf of The Colony in connection with the services provided under this Agreement. Section 2.03 If service is needed, The Colony will contact the City of Plano's radio support personnel at the following numbers: Monday-Friday, 7:00 a.m. to 4:00 pm. 972-941-7940 All other times 972-941-7912 The Cities agree to provide The Colony with written notice in advance of any changes to the phone number(s). Article III. OBLIGATIONS OF CITIES Section 3.01 The Cities will provide on-site technical support and infrastructure response on a 24hour/7 days per week/365 days per year basis to The Colony's Dispatch Center located at 5151 N. Colony Blvd., The Colony, Texas 75056. Section 3.02 The support provided shall consist of technical services only. No parts will be provided by the Cities, but parts purchased by The Colony from third parties may be used by the Cities to repair or maintain the dispatch equipment. Section 3.03 This Agreement is limited to The Colony's radio equipment used to connect to the System and located at the Dispatch center only. The Colony's individual radios, programming, and vehicle repairs are not covered by this Agreement. Section 3.04. The service provided for under this Agreement shall be provided by personnel from the City of Plano's Public Safety Communications Department. An on-call technician will respond to The Colony's telephonic request for support and response within one (1) hour of service request initiation by The Colony, and will arrive on site at the Dispatch Center within two (2) hours of service request initiation by The Colony. Article IV. FEES Section 4.01 The Colony shall pay $7200 annually for the services provided hereunder by the Cities. Any partial-year service shall be prorated on a monthly basis, and payment will be made to the City of Plano. Article V. PAYMENT DUE The Colony agrees to pay the Cities the annual fees specified under Article IV within thirty (30) days of effective date of this Agreement, which will be the last Page 2 evidenced date of signature. 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. Article VI. TERMINATION Termination of this Agreement may occur by any of the following: (1) Either party may terminate this Agreement at any time by giving ninety (90) days' advance written notice. The Colony shall pay for all fees incurred through the effective date of termination, on a prorated monthly basis. (2) If the Cities permanently discontinue the operation of its System, the Cities shall provide written notice to The Colony of the discontinuation as soon as is reasonably practicable, and this Agreement shall terminate on the date of discontinuance without further notice, and any fees paid in advance will be reimbursed by the Cities to The Colony on a pro-rated basis. (3) If the Colony ceases to be a user of the System under the System Agreement, this Agreement shall be terminated as of the date of termination, subject to the advance notice requirements in paragraph (1) of this Article. Article 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, attorney's 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, if any. Article 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. Article 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. Page 3 Article 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, regarding the provision of the onsite infrastructure response and technical services to The Colony's Dispatch Center. The terms of the System Agreement are not affected hereunder, and shall continue unless otherwise modified in writing. 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. Article XI. NOTICES Unless expressly set forth otherwise in this Agreement, 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: City Manager Director, Public Safety 6800 Main Street City of Plano The Colony, TX 75056 P.O. Box 860358 Plano, Texas 75086-0358 Allen Representative: Police Chief City of Allen 205 W. McDermott Allen, Texas 75013 Article 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 action of their respective City or Town Councils, (as applicable), on the dates indicated below. Article 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. Article 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 Page 4 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. Article 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. Article 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. Article 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: Tro owell ity Manager APPROVED AS TO FORM: Jeff wore, ity Attorney Page 5 CITY rm:~t~q- Bruce B D. Gla s ock City Manager APPROVED AS TO FORM: 'j 11 Paige Mims, City Atto CITY OF ALLEjN, TEXAS BY: Peter H. as, C1 ty Manager sr APPROVED AS TO FORM: Peter G. Smith, WCity Attorney Page 6 ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the iIday of fir 2014, by TROY POWELL, City Manager of the CITY OF THE COLONY, TE A$, a home-rule municipality; on behalf of such municipality. r , Notary Public, State of Texas / LisaCae Henderson . iz4 Commission. Expires STATE OF TEXAS § v+~ COUNTY OF COLLIN § This instrument was acknowledged before me on the Dr day of Cl , 2014, by BRUCE D. GLASSCOCK, City Manager of the CITY OF PL NO, TEXAS, a home-rule municipal corporation, on behalf of such municipal corporation. JEFFrcEY D SMITH ` ~l Notary Public, State of Texas ~yf CD.,ry3 2~iExpires Notary tr ~lic, tate of Texas STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of MSC , 2014, by PETER H. VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home-rule municipality, on behalf of such Municipality. No Public, State of Texas o?V, ~%e~~ Y. Linette Vlagana Commission Expires 06-04-2017 Page 7