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HomeMy WebLinkAboutResolution 1991-035 RESOLUTION NO. 91-35 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. The City Manager be, and is hereby authori zed to execute the attached Interlocal Agreement between this City and the City of Richland Hills as the act and deed of the City. PASSED AND APPROVED this 23rd day of September, 1991 APPROVED : TO~ ATTEST: AP~: Re cEntire, Attorney for the City STATE OF TEXAS } } COUNTY OF TARRANT } AGREEMENT This Agreement, made and entered into by and between the City of Richland Hills, a municipal corporation, located in Tarrant County, Texas, hereinafter called "Richland Hills," 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 Richland Hills desire to enter into an Agreement at the request of Richland Hills 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 Annòtated Civil Statutes, provides authorization for any local government to contract with one or more 1 oca 1 governments to perform government a 1 funct ions 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, Richland Hills 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. Richland Hills Richland Hills hereby agrees: 1. To pay the City of North Richland Hills the yearly sum of $600.00 per act i ve mobil e 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. Active mobile data terminals are terminals that have been configured into the switch for access to the System. 2. To purchase mobile data terminals and radio equipment compatible with the System. The North Richland Hills 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. Richland Hills understands that any unit which is found to be operating incorrectly, and which adversely affects operation of the System, is subject to removal. Prior to unit removal, Richland Hills 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 Richl~nd Hills's responsibility. Thi s i ncl udes any "new software" not in equi pment at time of purchase and not provided by maintenance agreements with the vendor. NORTH RICHLAND HILLS North Richland Hills hereby agrees: 1. To provide a workable System to which Richland Hills will have access. 2. To provide System evaluations, proposals, and recommendations covering system operations and enhancements for Richland Hills'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 ass i stance 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 representative 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 Richland Hills 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 acknowledged by Richland Hills that this agreement enables 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 part i es that the intent of th is agreement is for air-time usage of the System by Richland Hills, and in no way should it be construed that anyone other than North Ri ch 1 and Hill s 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 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 fa il ure" 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 reductions in payments shall be retroactive to the first 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 Richland Hills. 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 intention 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 negl i gence, whether that negl i gence 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 initial 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. Richland Hills will be advised by February 1 of each year of proposed fee increases in order to provide for adequate considerations in their budget development process. Richland Hills'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 Richland Hills's accessing the System. CITY OF NORTH RICHLAND HILLS ATTEST: V!i~ ATTEST: ~/~' ity Secretary ~ This agreement was executed on the / ~ day of A/()¡)tøtIJlif ' 1991.