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HomeMy WebLinkAboutResolution 1999-032 RESOLUTION NO. 99-32 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the attached Interlocal Agreement with the City of Bedford for the use of Automated Fingerprint Identification Services (AFIS), as the act and deed of the City. PASSED AND APPROVED this 10th day of May,1999. APPROVED: (/ ., ,I', I· I'kl ,! 1'. ... .1 \ '~'.'.'. '.. \A' . 1 ...1·- - R :; T""':- - L.¡'-~~'-" Charles Scoma, Mí3yor ATTEST: ,-::-:~7ì (~//~&d,' ~ , Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: INTERLOCAL AGREEMENT WITH THE CITY OF BEDFORD THE STATE OF TEXAS § COUNTY OF TARRANT § THIS INTERLOCAL AGREEMENT is made and entered into this _ day of , 1999, pursuant to The Interlocal Cooperation Act, Texas Government Code Ch, 791, Vernon's Texas Civil Statutes, by and between the CITY OF NORTH RICHLAND HILLS, TEXAS (hereinafter "North Richland Hills") and the CITY OF BEDFORD, TEXAS (hereinafter "Bedford"), both being governmental entities of the State of Texas, and each acting by and through its duly authorized officials, and evidences the following purpose, terms, rights, obligations, and responsibilities of the contracting parties: 1. SALE OF AFIS SYSTEM SERVICES 1,1 NORTH RICHLAND HILLS hereby agrees to sell to BEDFORD Automated Fingerprint Identification Services (hereafter call the "AFIS"). NORTH RICHLAND HILLS has previously selected and inspected AFIS, which was acquired by NORTH RICHLAND HILLS through the State of Texas in full compliance with public competitive bid law requirements Such AFIS shall consist of central site equipment and software located in and operated by the Department of Public Safety ("Central Site"). NORTH RICHLAND HILLS shall acquire, from the Department of Public Safety contractual AFIS Vendor equipment for its own use, at its own site ("Remote Site"). The required equipment for the NORTH RICHLAND HILLS Police Department is described in Exhibit "B" attached to and incorporated herein. The CITY OF BEDFORD shall pay NORTH 1 RICHLAND HILLS the proportionate amount for the remote site equipment, maintenance and access fees. 2, PRICES AND FEES 2.1 BEDFORD agrees to pay the proportionate cost and maintenance fees, as incurred, set forth in Exhibit "A" attached to and incorporated herein. 3. RESPONSIBILITIES 3.1 The CITY OF NORTH RICHLAND HILLS will purchase and maintain the equipment. The CITY OF BEDFORD will utilize the equipment at mutually agreed times. 4, WARRANTIES EXCLUDED 4.1 IT IS UNDERSTOOD AND AGREED THAT ANY AND ALL WARRANTIES WHICH DO EXIST COME FROM THE MANUFACTURER. THE CITY OF NORTH RICHLAND HILLS IS NOT THE MANUFACTURER AND MAKES NO WARRANTY. 5. INDEMNITY 5.1 BEDFORD agrees to be responsible for its own acts of negligence and NORTH RICHLAND HILLS agrees to be responsible for its own acts of negligence which may arise in connection with the purchase, use and operation of AFIS. In the event of joint and concurrent negligence, NORTH RICHLAND HILLS and BEDFORD agree that responsibility shall be apportioned comparatively. This obligation shall be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties 2 hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas, 6. ITEM 6.1 The term of this Agreement shall be for seventy-two (72) months, beginning with the date of its execution. This Agreement may be renewed annually thereafter by mutual agreement of the parties. Changes in monthly operating costs, maintenance costs and other miscellaneous expenses may be adjusted by the Chiefs of Police of the participating departments without formal amendment of this Agreement. 7 . TERMINATION 7.1 NORTH RICHLAND HILLS, acting through its City Manager, or BEDFORD, acting through its authorized officers or officials, may terminate this Agreement upon thirty (30) days prior written notice, with the understanding that all obligations being performed under this Agreement, except those identified herein, shall cease upon the date specified in such notice. 7.2 In the event of the termination by BEDFORD of this Agreement, BEDFORD will still be responsible for its portion of the Remote Site maintenance fees, and Remote Site access fee for the duration of the year in which termination occurs. BEDFORD will accept no responsibility for maintenance beyond this period. 7.3 The continued participation of NORTH RICHLAND HILLS is contingent upon the continued participation of the Department of Public Safety, State of Texas. 74. Should the Department of Public Safety terminate its AFIS services to which North Richland Hills is connected this agreement will be terminated. 8. UPGRADES 3 8,1 Because of the multiple number of participating agencies, the CITY OF NORTH RICHLAND HILLS, as operator of the remote site, is solely responsible for determining the necessity of and schedule for upgrades to the AFIS. 8,2 NORTH RICHLAND HILLS will give written notice of any such planned upgrade to BEDFORD, at least six (6) months in advance. 8,3 BEDFORD, upon receipt of written notification of such upgrade, will have ninety (90) days to exercise the following options: (a) agree to participate and pay its portion of the upgrade, and its continuing maintenance; (b) with the concurrence of NORTH RICHLAND HILLS, agree to an increase in the annual remote site and annual maintenance fees to cover such upgrades; (c) terminate this Agreement in accordance with Section 8. 8.4 Should BEDFORD fail to select an option from 8.3 above within the required time period, then a termination under Section 7.2 shall be deemed to have occurred. 9. NOTICES 9.1 All notices, communications and reports under the Agreement shall be mailed or delivered to the respective parties as follows: 4 To NORTH RICHLAND HILLS Tom Shockley, Chief of Police City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 To BEDFORD David Flory, Chief of Police City of Bedford 2121 L. Don Dodson Road Bedford, Texas 760321 10. MISCELLANEOUS PROVISIONS 10.1 This Agreement is entered into subject to the Charter and ordinances of the CITY OF NORTH RICHLAND HILLS, as amended, the Charter and ordinances of the City of BEDFORD, TEXAS as amended and applicable Texas State laws. The provisions of this Agreement shall be construed in accordance with the laws and court decisions of the State of Texas; and exclusive venue for any litigation which may be filed by either party hereto in connection with the Agreement shall be in Tarrant County, Texas. 10.2 The following Exhibits are attached to and made a part of this Interlocal Agreement: (a) Exhibit "A" Costs; and (b) Exhibit LIB" List of Equipment. 10,3 This Agreement can be revised at anytime by mutual consent of the parties but only by written agreement. No oral modifications can be made to this Agreement. 5 10.4 The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 10,5 This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters in this Agreement Executed as of the day and year first identified hereinabove, NORTH RICHLAND HILLS, signing by and through its City Manager, duly authorized by Resolution No. 99-32, adopted on May 10, 1999, and BEDFORD signing by and through its officers or officials duly authorized by official action of its governing body. APPROVED AS TO FORM: CITY OF NORTH RICHLAND HILLS, TEXAS ~ R CITY OF BEDFORD, TEXAS CITY OF BEDFORD, TEXAS David Flory, Chief of Police By Susan K. Thorpe, City Manager By 6 First Year Total System Cost will be divided equally between the following Agencies: Hurst PD Euless PD Bedford PD Haltom City PD Grapevine PD North Richland Hills PD Total . $16,063.71 $16,063.71 $16,063.71 $16,063.71 $16,063.71 $16.063.71 $96,382.25 Annual cost after first year purchase of system: Annual Maintenance Fee for computer equipment, Annual LAN Fee and Annual Maintenance Fee for Router/PIX Equipment: Total $12,157.56 Annual Fee Cost for Each Agency After First Year Purchase Hurst PD Euless PD Bedford PD Haltom City PD Grapevine PD North Richland Hills PD Total $ 2,026.26 $ 2,026.26 $ 2,026.26 $ 2,026.26 $ 2,026.26 $ 2.026.26 $12,157.56 *Miscellaneous supplies will be billed as needed. EXHIBIT "A" Latent Fingerprint Workstation - Key Functions and Equipment Price $66,000 Workstation includes: Year 2000 Compliant 400MHZ Pentium II Windows - NT 4.0 W/S 192 MB SRAM 6 GB Hard Drive 8 MB Graphics Card 4 MB Video Board 21 Inch Monitor Compact Scanner 2 Laser Printer Basic Function: Latent Visual Verification (Side by Side) Subsequent Functions NLEXS Feature Extraction (for Latent) Remote Access to DPS AFIS21 Key Functions: Monthly Maintenance Cost following three (3) month warranty period is $550 or annual maintenance cost of $6,600. Total System Cost Latent Fingerprint Workstation: Shipping/Delivery: Installation: Annual Maintenance Fee: Router/PIX & Installation: Annual LAN Fee: Total Cost: $66,000.00 $ 3,020.00 $ 2,400.00 $ 6,600.00 $14,415.45 $ 3.946.80 $96,382.25 Additional Cost after purchase of System Annual maintenance fee: Annual LAN fee: Router/Pix maintenance fee: Total Cost: $ 6,600.00 $ 3,946.80 $ 1.610.76 $1 2,1 57.56 *Fee's may vary due to any increase in maintenance cost and system upgrades. EXHIBIT "B"