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HomeMy WebLinkAboutResolution 1994-028 RESOLUTION NO. 94-28 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS that: 1. The City Manager be, and is hereby authorized to execute the attached Agreement between this City and the County of Tarrant as the act and deed of the City. PASSED AND APPROVED this 27h day of June, 1994 APPROVED: ~ ~... ~.µ-- -/ Tommy Bro~aYOr ATTEST: APPROVED AS TO FORM AND LEGALITY: Ac- STATE OF TEXAS ) ) ) AGREEMENT COUNTY OF TARRANT This Agreement, made and entered into by and between the County of Tarrant, hereinafter called "COUNTY," and the City of North Richland Hills, a municipal corporation, located in Tarrant County, Texas, hereinafter called "North Richland Hills," evidences the following: WHEREAS, North Richland Hills, and the COUNTY desire to enter into an Agreement at the request of the COUNTY for inclusion into a radio maintenance agreement between the City of North Richland Hills and Motorola Communications and Electronics, Incorporated, hereinafter called "Motorola;" and WHEREAS, The Interlocal Cooperation Act, Chapter 791 et seq, Texas Government Code, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the term of the Act; and WHEREAS, North Richland Hills has negotiated a sole source contract with Motorola and is available to perform the functions described herein; and WHEREAS, The COUNTY has current revenues available and allocated for this agreement; and WHEREAS, it is mutually advantageous to both parties to enter into the arrangement evidenced by this Agreement; NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein, agree as follows; The responsibility of each government entity is outlined below: I. Tarrant County The COUNTY hereby agrees: 1. To become a part of what is being termed the "North Richland Hills Consortium" which represents a sole source negotiation, by North Richland Hills, for collective radio maintenance covering several governmental agencies throughout Tarrant County. 2. To include all Motorola radio equipment in the maintenance contract which was purchased from Motorola as a part of the COUNTY joining the City of Fort Worth 800 Mhz trunked radio system. 3. To ensure optimum efficiency by providing timely repairs to any of its own equipment through direct contact with Motorola. The COUNTY understands that the benefits derived from joining the "North Richland Hills Consortium" are those seen through bulk discounts based upon total numbers of radios covered under the negotiated contract with Motorola. 4. That the purchase of radio maintenance shall be made directly from North Richland Hills and that the fees for such coverage shall be only those fees charged by Motorola. All funds that are paid to North Richland Hills will be based on invoicing that will originate from Motorola to North Richland Hills. North Richland Hills will then create invoicing which will be passed along to the COUNTY and any other governmental agencies who become a part of the ''North Richland Hills Consortium." 5. That payment for this service must be prompt since North Richland Hills does not have escrow funds available to cover all governmental agencies that have expressed a desire to participate in the "North Richland Hills Consortium." 6. That this "Agreement" may be cancelled at any time in compliance with Section VI, "TERMS", of this Agreement. Such written notice must originate from the County Administrator, Sheriff or County Purchasing Agent. Upon cancellation of the "Agreement" North Richland Hills will obtain any applicable refunds from Motorola, if such refunds exist, and will pay the refund amount to the County. 7. To provide equipment listings of equipment, owned by the County, consisting of Make, Model, Serial Number and any other information deemed necessary for North Richland Hills to properly manage the maintenance agreement process. NORTH RICHLAND HILLS North Richland Hills hereby agrees: 1. To provide the County access to a negotiated radio maintenance agreement that provides bulk discounting at a more favorable rate than the County could obtain alone. 2. To provide invoicing and notice of fee changes to the County as soon as is practicable after having received such fee adjustments from Motorola. 3. To provide any information dealing with the radio maintenance agreement available to the County upon request. 4. To act as the central receiving point for all Motorola originated invoices or refunds and to assure that payment is made to Motorola as quickly as possible after having received payment from members of the "North Richland Hills Consortium." North Richland Hills will also pass refunds back to any agency on whose behalf the refund was made. 5. To gather information from the members of the "North Richland Hills Consortium" which is needed by Motorola so as to enter into a proper radio maintenance agreement. Motorola has indicated that they will create addenda to the original contract which will have the equipment of each member agency contained within them. There will be an addendum for each agency with a listing of the equipment covered. II. AUTHORIZATION North Richland Hills authorizes the COUNTY to deal directly with Motorola regarding all issues except payment of invoiced fees or refunds. The COUNTY authorizes North Richland Hills to negotiate on its behalf with the understanding that North Richland Hills shall act in the best interest of the group as a whole rather than any agency as an individual. The COUNTY shall be kept abreast of all attempts to negotiate future fees and will be made a part of such negotiations by their representatives attending meetings held for the purpose of fee negotiations. III. CONTROL It is understood by both parties that the intent of this agreement is to achieve the lowest cost possible for radio maintenance and that this is being accomplished through several governmental agencies pooling their radio equipment into a larger aggregate, thus providing the ability to obtain better bulk discount rates. IV. OPERA nON WARRANTY North Richland Hills makes no representations or warranties regarding the normal management of the radio maintenance agreement process other than outlined below: In the event of problems arising between the COUNTY and Motorola, North Richland Hills shall not be held responsible for anything other than the handling of invoicing and payments as outlined in this Agreement. The contents of invoicing will have an origination point of Motorola and will not be raised or lowered by North Richland Hills unless an invoicing error is encountered. If such an error is found, the COUNTY will be immediately notifed ofthe reason for the raising or lowering of the invoice. V. CLAIMS To the extent allowed by law, each jurisdiction does hereby waive all claims against and agrees to release every other City or County, its police department, Sheriff's Department, officials, agents, officers and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and liability of every kind, including but not limited to court costs and attorney's fees which may arise due to any death or injury to any person, or the loss of, damage to, or loss of use of any property arising out of or occurring as a consequence of the performance of this agreement whether such injuries, death or damages are caused by the sole negligence or the joint negligence of any jurisdiction, its officials, agents, officers and employees. It is the express intention of the parties hereto that the waiver and release provided for in this paragraph includes claims arising out of such other City's or County's own negligence, whether that negligence is a sole or a concurring cause of the injury, death or damage. It is expressly understood and agreed that, in the execution of this Agreement, no jurisdiction waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. VI. TERMS The initial term of this Agreement shall be one (1) year, and may be renewed each year thereafter unless either party decides to terminate, or both parties mutually agree to change or modify the conditions of this Agreement. Any change in the approved yearly fee, including increase of anticipated expenses, cost of equipment, software development, or maintenance enhancements shall be fully documented. The COUNTY will be advised by February 1st of each year of proposed fee increases in order to provide for adequate considerations in their budget development process. The COUNTY'S portion of any radio maintenance costs will be prorated, based on the number of radios or other related equipment covered under the maintenance contract at the time of the fee increase. Fee increases will not take effect until October 1st of any year which give the parties eight (8) months from the February 1st notice requirements in order to plan for the increase. Additional equipment may be added at any time and a prorated charge will be figured for each additional unit of equipment added. If either party decides to terminate this Agreement, after the initial term, written notice, to the following respective addresses, must be received by the other party not later than ninety (90) days before the renewal date. The fee herein set out shall be payable on or before October 31st of each year, except for the first year, which shall be prorated and payable within thirty (30) days of the COUNTY'S beginning coverage date as listed in the maintenance contract with North Richland Hills and Motorola. City Manager City of North Richland Hills P. O. Box 820609 North Richland Hills, Texas 76182-0609 County Administrator Tarrant County 100 E. Weatherford Fort Worth, Texas 76196-0609 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT STATE OF TEXAS This Agreement was signed and executed on this day of , 1994. City Manager County Judge ATTEST: APPROVED AS TO FORM:: Chief of Police District Attorney's Office FUNDS CERTIFIED AVAILABLE: Auditor's Office This agreement was executed on the _ day of ,1994