HomeMy WebLinkAboutResolution 1991-046
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RESOLUTION NO. 91-46
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 City of Southlake as the act and
deed of the City.
PASSED AND APPROVED this 12th day of December, 1991.
APPROVED
~~~~
Tommy Brown, ayor
ATTEST:
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R
STATE OF TEXAS )
)
COUNTY OF TARRANT )
AGREEMENT
COpy
Th is Agreement, made and entered into by and between the City of South 1 ake, a
municipal corporation, located in Tarrant County, Texas, hereinafter called
"Southla~e," and the City of North Richland Hills, a municipal corporation,
located ln Tarrant County, Texas, hereinafter called "North Richland Hills,"
evidences the following:
WHEREAS, North Richland Hills, and Southlake desire to enter into an Agreement
at the request of Southlake for the lease of a portion of North Richland
Hills Mobile Data Terminal System hereinafter called the "System;" and
WHEREAS, The Interlocal Cooperation Act, Article 4413 (32c) Vernon's Annotated
Civil Statutes, provides authorization for any local government to cORtract with
one or more 1 oca 1 governments to perform governmental functions and servi ces
under the term of the Act; and
WHEREAS, North Richland Hills has data communications system resources available
to perform the functions described herein; and
WHEREAS, Southlake 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.
Southlake
Southlake hereby agrees:
1. To pay the City of North Richland Hills the yearly sum of $600.00
per act i ve mobile data termi na 1 for System site management and
maintenance; and an additional $513.00 per active mobile data
terminal for prorated unit fees in exchange for the privilege of
utilizing a portion of the System. Further, Southlake shall
pay the City of North Richland Hills a yearly sum of $312.00 per
active mobile data terminal to acquire "Premium Maintenance" and
shall escrow within their City's fund accounts an additional
$450.00 per mobil e data termi na 1 for purchases of mobil e data
terminals as required by the "Premium Maintenance" agreement with
Motorola Mobile Data Division. Such escrowed money shall be
payable to the City of North Richland Hills when ten (10) mobile
data terminals are added to the system by any agency or
collection of agencies for aforementioned purchase. Active
mobil e data termi na 1 s are termi na 1 s that have been confi gured
into the switch for access to the System.
2. T? purchase mobile data terminals and radio equipment compatible
wlth the System. The North Richland Hills Police Department
sha~l confirm System compatibility prior to the purchase of any
equlpment.
3. To ensure System efficiency by providing timely repairs to any of
its own equ i pment. South 1 ake understands that any un it wh i ch
is found to be operating incorrectly, and which adversely affects
operation of the System, is subject to removal. Prior to unit
removal, Southlake will be notified of the problem by the North
Richland Hills Police Data Processing Director.
4. That the purchase of individual mobile data terminal software
upgrades or enhancements will be Southlake's responsibility.
This includes any "new software" not in equipment at time of
purchase and not provi ded by maintenance agreements with the
vendor.
NORTH RICHLAND HILLS
North Richland Hills hereby agrees:
1. To provide a workable System to which Southlake will have
access.
2. To provide System evaluations, proposals, and recommendations
covering system operations and enhancements for Southlake's
consideration. This will include both site and user equipment.
3. To make the Data Processing Division of the North Richland Hills
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 provi de a detailed report on new System enhancement
availability, and any proposed major System upgrades.
6. That a "Users Group" compri sed of one represent at i ve from each
user entity and the Data Processing Director from the North
Richland Hills 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 semiannually
or more frequently as determined by the members of the "Users
Group".
II.
North Richland Hills authorizes Southlake to use the frequencies of 868.87500
MHz and 823.87500 MHz for transmission and reception of data on the System.
These channels are licensed by the Federal Communications Commission to the City
of North Richland Hills for a multi-agency mobile data terminal operation. It
is acknowl edged by Southl ake that thi s agreement enabl es it to take advantage
of a modern, reliable communications system. North Richland Hills shall assign
the highest priority to maintaining the System operation and reducing down time
to the lowest possible level.
III.
It is understood by both parties that the intent of thi s agreement is for
air-time usage of the System by Southlake, and in no way should it be
construed that anyone other than North Richland Hills has control or has any
claim of being part owner of the System.
IV.
North Richland Hills make 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, North Richland Hills will reduce
the annual sum due by the following amount. Fixed-site System
Management wi 11 be reduced at a rate of one doll ar and s i xt)'-fi ve
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 North Richland Hills.
Any reduct ions in payments shall be retroactive to the fi rst day of
failure after the seventh consecutive day. This reduction should not
be construed to include any cause of MDT or Fixed-site System failure
caused by Southlake.
V.
Each City does hereby waive all claims against and agrees to release every other
City, its police 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 City, its officials, agents, officers
and employees. It is the express intent i on of the part i es hereto that the
waiver and release provided for in this paragraph includes claims arising out
of such other City'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 City 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.
The ini·tial term of this Agreement shall be five (5) years, and then shall be
perpetual, automatically being renewed every year 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. Southlake will be advised by
February 1 of each year of proposed fee increases in order to provi de for
adequate considerations in their budget development process. Southlake'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 months from the February 1 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. If either party decides to
terminate this Agreement, after the initial term, written notice must be
received by the other party not later than 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 30 days of
Southlake's accessing the System.
CITY OF NORTH RICHLAND HILLS
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This agreement was executed on
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, 1992