HomeMy WebLinkAboutResolution 1993-016
RESOLUTION NO. 93-16
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, that:
1.
The City Manager be, and is hereby authorized to execute the attached
Interlocal Agreement between this City and the County of Tarrant as the act and
deed of the City.
PASSED AND APPROVED this 11th day of March, 1993
APPROVED :
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ATTEST:
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STATE OF TEXAS §
§
COUNTY OF TARRANT §
AGREEMENT
MOBILE DATA TERMINAL SYSTEM
This Agreement, made and entered into by and between the County of Tarrant, hereinafter
called "COUN1Y", and the City of North Richland Hills, a municipal corporation, located
in Tarrant County, Texas, hereinafter called "NRH", evidences the following:
WHEREAS, NRH and the COUN1Y desire to enter into an Agreement at the request of the
COUN1Y for the lease of a portion of North Richland Hills Mobile Data Terminal System,
hereinafter called the "SYSTEM"; 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, NRH has data communications system resources available to perform the
functions described herein; and
WHEREAS, the COUN'IY 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 COUN1Y
COUN1Y hereby agrees:
1. To pay the NRH the yearly sum of Six Hundred Dollars ($600.00) per active
mobile data terminal for SYSTEM site management and maintenance, and
an additional Five Hundred Thirteen Dollars ($513.00) per active mobile data
terminal for prorated unit fees in exchange for the privilege of utilizing a
portion of the SYSTEM. Further, COUN'IY shall pay NRH a yearly sum of
Three Hundred Twelve Dollars ($312.00) per active mobile data terminal to
acquire "Premium Maintenance". Active mobile data terminals are terminals
that have been configured into the switch for access to the SYSTEM.
·Page 1 of 5·
2. To purchase mobile data terminals and radio equipment compatible with the
SYSTEM. The NRH Police Department shall confirm SYSTEM compatibility
prior to the purchase of any equipment.
3. To ensure SYSTEM efficiency by providing timely repairs to any of its own
equipment. The COUN'IY understands that any unit which is found to be
operating incorrectly, and which adversely affects operation of the SYSTEM,
is subject removal. Prior to unit removal, the COUN'IY will be notified of
the problem by NRH Police Data Processing Director.
4. That the purchase of individual mobile data terminal software upgrades or
enhancements will be the COUN1Y's responsibility. This includes any "new
software" not in equipment at time of purchase and not provided by
maintenance agreements with the vendor.
NORTH RICHLAND IDLLS
NRH hereby agrees:
1. To provide a workable SYSTEM to which the COUN'IY will have access.
2. To provide SYSTEM evaluations, proposals, and recommendations covering
system operations and enhancements for COUN'IY's consideration. This will
include both site and user equipment.
3. To make the Data Processing Division of the NRH Police Department
available to the agency upon reasonable notice for assistance in its endeavor
to improve and enhance its data communication ability. This shall include,
but is not limited to, assistance in evaluating existing operations, assistance
in procurement of necessary equipment, training on the SYSTEM and mobile
data terminal unit's operation and initial programming setup of mobile data
units.
4. To provide monthly traffic analysis and system operational review.
5. To provide a detailed report on new SYSTEM enhancement availability and
any proposed major SYSTEM upgrades.
6. That a "Users Group" comprised of one representative from each user entity
and the Data Processing Director from the NRH Police Department will be
established to hold meetings for the SYSTEM and to make recommendations
and requests concerning the SYSTEM. These meetings will be held semi-
annually or more frequently as determined by the members of the "Users
Group" .
-Page 2 of 5-
ll.
FREQUENCY AUTHORIZATION
NRH authorizes COUNTY to use the frequencies of 868.87500 MHz and 823.875 MHz for
transmission and reception of data on the SYSTEM. These channels are licensed by the
Federal Communications Commission to NRH for _ a multi-agency mobile data terminal
operation. It is acknowledged by COUN'IY that this Agreement enables it to take advantage
of a modem, reliable communications system. NRH shall assign the highest priority to
maintaining the SYSTEM operation and reducing down time to the lowest possible level.
ill.
OWNERSHIP/CONTROL
It is understood by both parties that the intent of this Agreement is for air-time usage of
the SYSTEM by COUNTY and in no way should it be construed that anyone other than
NRH has control or has any claim of being part owner of the SYSTEM.
IV.
OPERATION WARRANTY
NRH makes no representations and warranties regarding the normal operation of the
SYSTEM other than outlined below:
In the event of a fIXed-site SYSTEM failure for a consecutive period
of seven (7) or more calendar days, NRH will reduce the annual sum
due by the following amount. Fixed-site SYSTEM Management will
be reduced at a rate of One Dollar and Sixty-five cents ($1.65) per day
per Mobile Data Terminal for Fixed-site SYSTEM failures exceeding
the above referenced time period. Such fee reductions shall only be
granted in circumstances where the cause of "any failure" is due to the
fault of the vendor, the vendor's base site software or hardware, acts
of God, or some other cause directly attributable to NRH.
Any reductions in payments shall be retroactive to the first day of
failure after the seventh (7th) consecutive day. This reduction should
not be construed to include any cause of MDT or Fixed-site SYSTEM
failure caused by COUNTY.
-Page 3 of 5-
V.
CLAIMS
To the extent allowed by law, each jurisdiction does hereby waive all claims against and
agrees to release each party to this Agreement, its police department, its Sherifl'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 parties 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
system enhancements shall be fully documented.
COUN'IY 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. COUNTY's
portion of any SYSTEM enhancement cost will be prorated, based on the number of mobile
data terminals in operation at the time of the fee increase. Fee increases will not take effect
until October 1st of any year which gives the parties eight (8) months from the February
1st notice requirements in order to plan for the increase. Additional units may be added
at any time and a prorated charge will be figured for each additional unit.
-Page 4 of 5-
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 with
thirty (30) days of COUNTY's accessing the SYSTEM.
County Administrator
Tarrant County
100 E. Weatherford
Fort Worth, Texas 76196-0609
City Manager
City of North Richland Hills
P. O. Drawer 820609
North Richland Hills, Texas 76180
'This Agræment was sipecl8Dd exeeu1ed OD Ibis l1+hday of ~'~1t ' 1!193.
CI'lY OF NORTH RICHLAND IIILLS
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COL'NT'f OF TARRANT
,_~ATE OF' TEXAS
ArrEST:
APPROVED AS TO FORM:
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-Page 5 of 5-