HomeMy WebLinkAboutResolution 1991-014
RESOLUTION NO. 91-14
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS that:
1.
The City Manager be, and is hereby author; zed to execute the
attached Interlocal Agreement between this City and the City of Colleyville
as the act and deed of the City.
PASSED AND APPROVED this 25th day of March, 1991
APPROVED :
~o~
ATTEST:
AP~ND LEGALITY:
~
Rex McEntire, Attorney for the City
STATE OF TEXAS )
)
COUNTY OF TARRANT )
AGREEMENT
This Agreement, made and entered into by and between the City of Colleyville, a
municipal corporation, located in Tarrant County, Texas, hereinafter called
"Colleyville," 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 Colleyville desire to enter into an Agreement
at the request of COlleyville 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, Colleyville 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.
Co 11 eyvi 11 e
Colleyville 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
wi th the System. The North Ri ch 1 and Hill s Pol ice Department
shall confirm System compatibility prior to the purchase of any
equipment.
COpy
3. To ensure System efficiency by providing timely repairs to any of
its own equipment. COlleyville 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, Colleyville 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 Colleyville'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 HILLS
North Richland Hills hereby agrees:
1. To provide a workable System to which Colleyville will have
access.
2. To provide System evaluations, proposals, and recommendations
covering system operations and enhancements for Colleyville'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 assi 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 Groupll comprised 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 determi ned by the members of the "Users
Groupll.
II.
North Richland Hills authorizes Colleyville 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 Colleyville 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 this agreement is for
air-time usage of the System by Colleyville, 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 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
lIany failurell 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 Colleyville.
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 negl igence, whether that negl igence 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. Colleyville 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. Colleyville's
portion of any System enhancement cost will be prorated based on the number of
mobil e data termi na 1 sin 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. Add it i ona 1 un its 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 herei n set out shall be payabl e on or before October 31st of each year,
except for the first year, which shall be prorated and payable within 30 days of
Colleyville's accessing the System.
CITY OF NORTH RICHLAND HILLS
CITY OF COLLEYVILLE
"
~~~
Mayor
Ci
ATTEST:
ATTEÙ ~
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Chief of Police
This contract was entered in on the 8th day of July 1991.
Motorola System Support Agreement, Addendum G
City of North Richland Hills Police Department
City of Colleyville
The items listed below are to be added to and fonn a part of the "System" as defined in Motorola System
Support Agreement number *. All other tenns and conditions of that Agreement number * remain in full force
and effect This Agreement shall become effective on the date signed by Motorola's authorized representative.
Form RIAl
Commencement Date, Addendum A: September 1,1992
Date of Preparation: September 8, 1992
Hardware
item Mociel No. Description aty. Serial No.
1. AMDT025 9100-11 800MHz 25W Mobile Terminal 1 - 7205
Software
Item Model No. Description Qty. Version
Monthly Charge, Addendum G
Adjusted Total Monthly Charge for Agreement Number 120291-DG1e (includes Addendum G)
$32.00
$
Your signature below Is an offer to purchase the services
described which, If accepted by Motorola, will become a part
of the existing Service Contract.
Date
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( National
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Date