HomeMy WebLinkAboutResolution 1991-034
RESOLUTION NO. 91-34
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 Purchasing and Interlocal Agreements between this City and the
City of Haltom City as the act and deed of the City.
PASSED AND APPROVED this 23rd day of September, 1991
APPROVED :
~~
Tommy Brown, yor
ATTEST:
'"
APP~K:
Rex McEntire, Attorney for the City
STATE OF TEXAS )
)
COUNTY OF TARRANT )
AGREEMENT
copy
This Agreement, made and entered into by and between the City of Haltom City, a
municipal corporation, located in Tarrant County, Texas, hereinafter called
"Haltom City," 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 Haltom City desire to enter into an Agreement
at the request of Haltom City 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 co~tract with
one or more 1 oca 1 governments to perform governmental 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, Haltom City 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.
Haltom City
Haltom City 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
ut il i zi ng a port i on of the System. Further , Haltom City shall
pay the City of North Richland Hills a yearly sum of $312.00 per
active mobile data ter~inal to acquire "Premium Maintenance" and
shall escrow within their City's fund accounts an additional
$450.00 per mobil e data termi nal 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
shall confirm System compatibility prior to the purchase of any
equ i pmen t.
3. To ensure System efficiency by providing timely repairs to any of
its own equipment. Haltom City 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, Haltom City will be notified of the problem by the North
Richland Hills Police Data Processing Director.
4. That the purchase of i nd i vi dual mobil e data termi na 1 software
upgrades or enhancements wi 11 be Haltom City's respons i bil ity.
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 Haltom City will have
access.
2. To provide System evaluations, proposals, and recommendations
covering system operations and enhancements for Haltom City'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 provide 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 ent i ty and the Data Process i ng Di rector 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 determi ned by the members of the "Users
Group" .
II.
North Richland Hills authorizes Haltom City 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 Haltom City 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 parties that the intent of thi s agreement is for
air-time usage of the System by Haltom City, and in no way should it be
construed that anyone other than North Richland Hills has control er 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 Haltom City.
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 parties 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 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. Haltom City 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. Haltom City'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 incre.ase. 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
Haltom City's accessing the System.
CITY OF NORTH ICHLAND HILLS
CITY OF HALTOM CITY
C·
&iCê)r~
Mayor
ATTEST:
"'. !3à
cretary
~
--øÞ. L:tU71-
Chief of Police
This agreement was executed on the qtb day of Ottv~~
, 1991
STATE OF TEXAS
CI1Y OF HALTOM CI1Y
THIS AGREEMENT made this 23rd day of September 1991, between the City
of Haltom City, Texas and the City of North Richland Hills, a municipality in
Tarrant County, Texas.
WITNESSETH:
Pursuant to the authority granted by the Texas Interlocal Cooperation Act
(Article 4413 (32c) V.A.T.S.) providing for the cooperation between local
governmental bodies, the parties hereto, in consideration of the premises and
mutual promises contained herein, agree as follows:
I.
The City of Haltom City, Texas hereinafter referred to as "Haltom City",
makes, constitutes and appoints the City of North Richland Hills, its true and
lawful purchasing agent for the purpose of purchasing certain items. Haltom
City agrees that the bidding shall be conducted by North Richland Hills as long
as such regulations and laws are in compliance wIth state law.
II.
Haltom City agrees that all specifications for said items shall be
determined by North Richland Hills.
III.
Haltom City, by execution of this agreement, agrees to furnish a valid
purchase order that encumbers payment from revenues of Haltom City in full
payment of the stated order.
IV.
This agreement shall take effect upon execution by the signatories.
V.
This agreement shall be in effect form the date of execution for a term of
one year, and may be renewed annually thereafter.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers the day and year above written.
CITY OF HALTOM CITY
ATTEST:
Charles E. Womack, Mayor
Cathy L. Harbour, CIty Secretary
CITY OF NORTH RICHLAND HILLS
Rodger Lme, CIty Manager