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HomeMy WebLinkAboutContract 52963 A, C, RY 3T�9 G%•i r'i i ACJ Nib..._ d 1��S�, y COMMUNICATIONS SYSTEMAGREEMENT G� CATEGORY.I—PRIVATE ENTITY This COMWXIC'ATIONS SYSTEM AGREEMENT (the "Agreement").is made.and entered into by and_between the City of Fort:Worth C Fort Worth" or"CFW")acting herein by and through its duly authorized Assistant City Manager, and Engle.Mountain.Volunteer Fire Department, Inc,, C`USER"), acting herein by and through its duly authorized Assistant Tire Chief_individually referred to as a"party," collectively referred to herein es the"parties"The CFW or fort Worth shall include all employees, directors, officers, agents, and authorizer) representatives, USER shall include all employees, directors,.officers, agents, and authorized. representatives. RECITALS WHEREAS, this Agreement is. made udder the authority of Sections 79.1, Texas Government Code_and Wl IERIAS,Fort Worth owns,operates,and maintains Trurtked Voice Radio Systems for the purpose of pro,,7ding Public Safety voice radio communications and is the sole license holder of the CFW Ttunked Voice Radio Systems with all privileges.and rosponsibitities thercof;.and WHEREAS, USER is a private entity Umt employs or contracts with one or more companies or individuals to. provide security, fire protection, and/or other.public=safety type services;and WIIERL:AS. USER's public-safety service providers.employ p radio}:system that utilizes the.infrastruernre of Fort Worllr's Radio System to operate;and WHEREAS, the parties wish to enter into this Agreement to establish the teens and conditions pursuant to which USER will be able aeeess and utilize CFW's radio.systcins;and WHEREAS,each party fords that the performance of this Agreement is in the common interest of both parties and that the division-of costs fairly compensates the performing.party for the services orfuncLions under.this Agreement. NOW TI4FREF{ARE,Fort Worth andUSERagree as follows: l.. Gra o se, Fort Worth hereby grants Ure.USER specific permission to operate USF,Ws owned or leased Geld radio equipment or equipment attached and/or interfaced to the CFW Tita&-cd Voice.Radio Systems([he"..Radio System')infrastructure in aecordariev with the specific details and.requirements for use as set forth in "Exhibit A, Terns of Use;" which is attached hereto,inearporated herein,and made a part of this..Agreement for all purposes.Failure to comply with these spea c details and requirements;may result in the immediate withdrawal ot' the speci Pied permissions. 2. Tcrin. This Agreement shall begin upon ilie last day executed by all authorized parties and shall continue in full force and.effect unless tenninated in accordance with the provisions set forth herein and in Exhibit A. 3.Cornnansfltion.USER shall remit payment to Fort Worth in the amount and manner set forth in f::dribit A, 4. iabi' :T ach party agrees tribe liable for'any damabes or lass drat may be caused by its ov,112 negligence,omission or intentional misconduct. For purposes.of this Section 4,the tern party shall include employees, directors, officers, agents, .authorized representatives; subcontractors, e.:orisullants,and volunteers of the respective party; Nothing in the performance of this Agreement shall impose any Iiability far clairms against Fort Wortlr other than.for claims OFFICIAL RECORD for which the Taxas Tort Claims Act may impose liability.. CITY SECRETARY 5, lndZNndent ConlrtrQto .It is expressly understood and agreed that USER shall operate F' WORTH as an independent contractor.as to.all rights and privileges granted herein, and.not as agent, _.I representative or employee of the CFW. Subject to and in accordance with the conditions and provisions of this Agreement, USER shall have the exclusive right to control the.details of its operations and activities.and be solely responsible for the acts and omissions of its employees$ directors, .officers, agents, authorised representatives, subcontractors, and consultants. USER acknowledges that the doctrine.of respondeat superior shall not apply as between thc.CFW, its. employees, directors, .officers, agents, and authorized representatives, and USER and its. employees; directors, officers, agents, authorized representatives; subcontractors, and consultanLs, USER further agrees that nothing herein shall be construed as the creation of a partnership or.1omt.enterprise between CFW and IJSL:R. 5. Non-An -ropriation of Funds. Fort Worth will.use best efforN to appropriate sufficient 'funds to support obligations under this Agreement. I-.owever, in the event that sufficient funds are not appropriated by Fort.:Worth's goierhing:body; and as a result,'CFW is .unable to fulfill its obligations under this Agreement, Fort Worth(i)Shall promptly notify USER in writing and(ii)may terminate this Agreement,effective as of the last day Fos which sufficient fund.s have been appropria ted, 7, JCg o Audit. USER agrees that the Cl,W shall,.at no additional.cost to the CFW, during acid until the expiration of.three(3)years after termination of this Agreerneni,have access to and the right to examine at reasonable times any.directly pertinent books,documents,papers, records, and curnnrunications of the USER involving transactions relating to this Agreement_ USER agrees that the CFW shall have access:during normal working hours to all necessary USER facilities and shall be provided adequate.and appropriate workspace in order to conduct audits in compliance with the provisions:of this section. The CFW shall.give USER reasonable advance notice of intended audits. 8..Assignnnicnl. USER shall not have die xight to assign or.subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the CFW which such right shall be granted solely at the discretion of the CFW. Any assignuhent in violation of this provision shall be void. 9.,No Waiver. The Failure of either party to insist upon the performance of any provision or condition of this Agreement or to exercise any right granted herein shall not constitute a waiver of that party's right.to insist upon appropriate performance or to assert any.such right on any future:occasion, 10_ Government Powers./Immunities: It.is understood and agreed that by execution of tus Agreement, CFW does not waive .or surrender any of its governmental powers. or immunities. I L.AMend=nts. No amendment to this Agreement shall be binding upon either party hereto unless such amendment is set forth in writing. .dated subsequent. to the date of this Agreement,and signed by both parties.. 12. a.Lyerability_: If any provision of this Agreement is held.by a court of competent jurisdiction to be.invalid, illegal or unenforceable, the validity,iegalit_yy and enforceability of the remaining provisions shall not>in any way be affected or impaired. 13. Confidential Warmation: To the extent permitted by law, USER for itself and its officers, agents and employees, agrees that.it shall treat all information provided to it by. the CFW as confidential("City Information").and shall.not disclose any such information to a third party without the prior written approval of the.M unless such disclosure is required by laNv, rule, regulation, court order, in which event USER shall notify CI+W in writing of such requirement in sufficient,titne to allow CFW to seek injunctive or other relief to prevent such disclosure USEIt shall store and maintain.City Wormation in a secure manner and.shall not allow unauthorized users to access,modify, delete or otherwise corrupt City Information in any way. USER shall uotify the CFW' immediately if the security or integrity of ant City €nformadon has been compromised or is believed to have been compromised. 14. Force Ma eure. The parties shall exercise their best efforts to meet their respective duties and obligations hereunder, but shall not be held liable for any delay in or omission of performance due to force majeure or other causes beyond their reasonable control,including,but not limited to, compliance with. any state or federal law or regulation, acts of Cod, acts.of omission, fires; strikes, lockouts, national disasters, t ws; riots; material or labor restrictions, transportation.problems,existing.contractual obligations directly related to the subject matter of this Agreement,or declaration of a state of disaster or emergency by the federal,statei county,or City government in accordance with applicable law. 15. Inunigration Nationality -Act, City activity supports the .:Immigration & Nadbriality Act(INA)which includes provisions addressing employment eligibility,employment verification,and nondiscrimination, USER shall verify the identity and employment eligibility of all employees who perform .work under 'the. Agreement. USER shall complete the Employment ..Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request,provide City with topics of all I-9 forms and supporting eligibility documentation for each employee who performs work under the Agreement_ USER..shall establish appropriate procedures and controls so that no services will be performed by any employee who is not.legally eligible to perform such services. USER shall provide City with a certification letter that it has complied with the verification.requirements required by the Agreement.USER shall indemnify City, from any penalties or liabilities due to. violations of this provision. City shall have the right to immediately tenriinate the Agreement for violations of this provision by USER.. 16, No Bpycntt of Israel. US]'sR acknowledges that in accordance with Chapter 2270 of the. Texas Government Code, City is-prohibited from entering into u contract %ilh'a company for goods or services unless the contract contains a written verification from the company that it: (1).does not boycott Israel;and(2)will not boycott.Israel during the term of the contract; The terms "boycotf Israel"and"company" shall have the meanings ascribed to those ter hs in.Section 808.001 of the Texas Povernment Code. 13y signing this AcIdendunr, USER certifies that USER's signature provirlhs written rerfcation'to City. that USER: (1) does not boycottlsrael;and.(Z)will not,hoyeottlsrael during tft term oftheAgivement. IT Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been.delivered when(1) hand-deliveicd to the other party, its agents,, employees, servants or representatives, (2.) delivered by facsimile with electronic confirmation of the transmission, or .(3.) received by the other party by United States Mail, registered,return receipt requested,addressed as follows City. of Fort Worth Eagle Mountain Volunteer fire Department Atta_Assistant City Manager Attu:Assistant Fire Chief 20..0 Texas.Street 950.0 Live Oak.Laue Fort Worth;TX 76102 Fora Worth,TX 76179 Facsimile: (817)392-8654 Facsimile:.&�e4)-,;L - 3 With Copy to the City Attorocy At same address isi Govemin¢ I,aw/tleaue. 'this Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action brought on the basis of this Agreernertt.shall lie exclusively in state courts located in'Tarrant County,Texas.or the United States District Court for the Northern District.of Texas-Fort Worth I)ivision. .in.any such action,each party shall.pay its own attorneys'fees,.court costs and other expenses incurred as a result of the actiom 19. Signatnre Authority-. 1lrc.person signing this Agreement hereby warrants that he/she has:the legal authority to:execute this Agreement on behalf of his or her respective party,and that snch burding authority :has: been granted Uy proper order, resolution, ordinance or other authorization of Ihe::entity. The other party is fully entitled to rely on this ivarmnty and representation in entering,into this Agreement. 20, Entiretv of Agreement. This written instrument, including all Exhibits attached hereto,contains the entite.understanding'and agreement between Fort Worth and USER as to the matters contained herein. Any prior or contemporaneous oral or written agreement.is hcfchy declared null and void to the extent.in conflict with this Agreement. Any previonsly.executed Communications System Agreement between the parties shall be terminated simultaneously with the final execution of.this Agreement by both parties: 2].Coun Wmar s.This.Agreement may be executed in one or more counterparts and each .counterpart shall,for all purposes,be deemed an original,but all sucb,counterparts shall tpgether constitute one and Lhe same.instrumcnL (Signaluir Page Follows) Executed this the Wday oF0�,20 19. O KT WOMM v itv of Tort Worth ontrnct Compliance Manager: By signing Lacknowlcdgothatl.am the person responsible tar the moriilorin9add adnunistralion of this contra eL.i ncluding ensuring all.perforratauco-and By: _.— � rcporti jig.rcquiiemonts. i3ame: Titid: Assis�ts City Manager __._. Y..Unto: -- - - �G_ _.v aName: L^rV e pproval Recnmmonded: Title: v ats -•lT Solutinns Approved as to Torm and Legality: Name: _ ......,,�..}. Title: �. -t Cu_-a y Name: ho B3 bong Attest: Title. Assistant City At mey onlraal A gthori lion- M&C: .11'0 103 Dq l- lq game: M I Ka Title: City.Secre Q, ' U US1;I2 �XA� BAGI.,E M()UNTA]N VOLUNTEER FIRF: );pARTlwwr,INC. BY= Name,- Allen Blalcemon Title: Assistant Fire Chief Date: Communic4dom.SystemAgreemenl No6of.l2 OFFICIAL RECORD EXHIBIT A CITY SECRETARY FT. WORTH..TX CATEGORY 1,TERMS OF USE The following definitions shall have the meanings set forth below and apply to this Agreement and the Terms of Use set forth herein: DEFINITIONS "Console System"shall mean all hardware and software associated with any dispatch console or set of consoles operated by the USER that are connected to the CFW Master Switch. "Intemperable Communications Governance Committee"("Governance Committee')shall mean that gronp of individuals tasked with maintaining and administering the Interoperable Communications Plan, The Governance Committee shall consist of ten to fifteen individuals with CFW selecting at least one representative and each classification of users selecting at least one representative. The Governance Committee shall determine and may periodically adjust the number of members and the method for selecting members for each classification of users with a goal of ensuring that the Governance Committee reflects the full range of user types. "Infrastructure Support Fee"shall mean the annual foe charged by CFW to offset costs incurred by the CFW in the operation and maintenance of the Radio System. "Interoperable Communications Plan"(the"Plan')means the plan developed and established by CFW and the Governance Committee to facilitate,enhance and simplify radio communications among all agencies utilizing the Radio System or connecting their Site Repeater Systems or Console Systems to the CFW Master Switch. The Plan is available upon request from CFW or can be found on the CFW website at Lt.U.//fortworthteaas.gov/itsolutions/. "Master Switch" shall mean the primary processing and network infrastructure to which all Console Systems and Site Repeater Systems must connect in order to operate on the Radio System. The Master Switch is currently located at the CFW Eagle Mountain facility. "Over The Air Rekeying" C`OTAR") shall mean the management and suppert of Subscriber Radio encryption keys via over-the-air.radio channel transmission. "OTAR Administration Fee"shall mean the antral fee charged by CFW to offset costs incurred by the CFW in the management and support of Subscriber Radio encryption keys administered through the Radio System's OTAR functions. "Over the Air Programming"("OTAP')shall mean the method of implementing programming changes to Subscriber Radios using the over-d"ir data capabilities of the Radio System. "Private Call"shall mean a feature that reserves channel resources specifically for conversations between two Subscriber Radios. "Site Repeater System"shall mean the base stations,shelter,tower and all site-specific hardware and software infrastructure associated with the provision of a radio site connected to the CFW Master Switch. "System Upgrade Agreement Fee" shall mean the annual fee charged by CFW to offset cost charged to CFW by Motorola Solutions for the maintenance of the Software Upgrade Agreement applicable to the USER's Console Systems and Site Repeater Systems. "Subscriber Radio" shall mean a radio that has a unique identification number and is programmed to operate on the Radio System. The term shall include, but not be limited to, control stations(desk top radios),mobile radios,and portable radios. "Talk Group" shall mean a specific group of Subscriber Radios allowed to communicate privately within that group over shared infrastructure resources. TERMS OF U& 1. The installation and.maintenance of the Radio System infrastructure equipment is the responsibility of CFW unless othcnaise'statedinthis Agreement. 2. The CFW is the holder of the:FCC C ederal Communications Commission)license(s): that the Radio System uses for its. operation. This Agreement shall not:be construed or interpreted to grant,convey,or othenvise provide USER«pith any rights whatsoever to the CFW FCC license(s)or to the Radio.Frequency spectrum used by the Radio System, 3, The CFW makes no guarantee,either express or implied,as to radio signal strength or a specific level of radio cot=eragc in a particular location. The USER is responsible for conducting appropriate and applicable in-building and geographical coverage Testing to determine the expected radio coverage level for USER's equipment, 4. USER.will bc, responsible for the acquisition,programrning, and.maintenance of all equipment USER will be ntilizing in connection with the Radio System infrastructure,including, but not limited to,Subscriber Radios,consoles;and special equipment.. 5_ In order to ensure, hardware.and soliware compatibility with the Radio System infrastructure, all Subscriber Radios and consoles. intended for use by USER on .the Radio System shall be compliant with Project 25 standards established by the Telecommunications Industry Association, The use of unauthorized radios on the Radio System may result in Suspend ed.operation of the radios and/or termination of the AgreenielIL 6_ USER agrees, to exclusively utilize antennas specitically approved by the radio manufacturer for use with the specific models of USER's radios, The use of short, broad spectrum, or`:stubby," antennas is not recommended. USER shall be solely liable for coverage gaps in the event USER utilities short broad spectrum or-stubby antennas or other antennas not approved.by the manufacturer for use with.the specific models ofUSEWs radios. T Na antenna gain greater ilian3 DB will be allowed for mobiles and consolettes. R. USER.shall me due diligence in the.maintenance and configuration of its Subscriber Radio equipment to ensure that no: USER.radio or console causes a degradation to the.Radio System operation. The CFW shall have the right to remove from operation any field radio unit or equipment owned or leased by USER that is operating on; attached and/or interfaced to the CFW infrastructure,if CFW.delermines in its sole reasonable discretion that such equipment is causing, interference or harm to the Radio System m any way. The CFW reserves .the right to request that USER operated field radio units or equipment operating on, attached and/or interfaced to:the infrastructure be tested for proper operation and/or repaired by an authorized radio repair facility approved by the CFW: The cost of such testing or repair will be the sole responsibility of USER. Furthermore, the CF.W shall have the right to deactivate, williout prior notiFeatign to or eonserit .of USER, any field radio or other USER equipment suspected of causing interference,intentionally or unintentionally,to any other radios on the:Radio System or to the Radio Systern's oyerall.operati,on. 9. USER's radios may be.used for voice radio communications over the Radio System infrastructurc in accordance with the terms and conditions of this Agreement for as long as this Agreement remains in effect_ 1.0.The CFW will be responsible for managing:infrastructure loading and demand. CFW reserves the right,without notice to incumbent users,to'enter into.a similar agreement with other entities. or to deny the addition of new Subscriber Radio equipment.to any user of the Radio System, The CFW shall have sole.discretion in determining.whether to allow.additional users.or radios bused on CFW's determination of whether such addition to the.Radio System can be made without adversely impacting the Radio Systcm, 11. USER is.prohibited from utilizing.telephone interconnect on the Radio System. This prohibition shall inchide, but is not limited to; connecting to,either the PSTN(Public Switched Telephone.Network)or USER's internal phone system(s)through a:console patch into.the Radio System or to any Subscriber Radio on the Radio System. 12,Due to the radio infrastructure resource allocafions.requirLd by"Private Call,"USER is not permitted to utilite'Private Call"on the Radio System. 13. USER's utilization.of data communications on the Radio System will be limited to the Radio System's OTAP functions. Performance of data communications over.the Radio System is not.guaranteed For programming changes inyolving more lltan ten Subscriber Radios, USER agrees to coordinate with CFW prior to executiug changes to minimize impact on olber users and on the Radio System. 14. The.use of OTAR in association with Subscriber Radio encryption is prohibited without prior approval of CFW. Administration of encryption keys will be performer{ exclusively by CFW. USER may utilize and administer other encryption methods as.required. 15,The CFW will provide USER.w h an Advanced.Systein Key (ASK) for use.with the. USER's Subscriber Radios only, The ASK will:expire annually,and USER shall be.responsible for requesting a new ASK following expiration if one is required. USER will.be responsible for safeguarding the.security of the.ASK to prevent theft and/or loss. USER agrees to notify CFW immediately upon die theft or loss of.the ASK. 16. CTW Will assign the USER-Talk.Group Ills unique to USER operation. All Talk Group.names shall inolude a prefix unique to the USEWs agency. No other ageney will be authorized to use USER Talk Groups without the express written permission of USER, and a copy:of such permissiou must be on•file widr the CFW before such use may occur. The CFW reserves the right to require. certain Talk Group .HYs to. be programmed in USER radios, Additionally,the CPW shall.have the right to limit the number of Talk Group ID's to be used by USER and to disable Talk Groups ID's as-it deems.appropriate: 17, The CFW has established a coordinated Interoperable Communications Plan to apply to.C.FW and the users of its Radio System. USER.agrees to participate in the Plan and include the Plan's interoperable Talk Groups in.the programming of its Subscriber Radios and Console Systems. 18. Roaming to ether systems or the use of USER-s Talk :Groups on.other trunked systems. that are interconnected to the Radio System is prohibited without prior approval by CFW Roaming to other irunl:ed systems will be limited to the Radio Systems interoperabic Tall: Groups,.although this capability may be terminated by CFW if its use is determined to result in performance degradation to either the Radio System or the interconnected trucked system. 19. USER may utilize a Network Management Console (NMC) to manage its own environment. USER is responsible for acquiring and maintaining, .at USER a sole cost; all components required to conucot the NMC to.the Radio System, 7'lie USEWs.NMC must be partitioned in.manner to .limit.access to USER's own environment only and to„prevent USER from viewing, accessing;.or.ma king any changes to equipment that is not owned or leased by USER.. The USER must ensure the NMC is located in a secure area. USB ports on the NMC must be:deactivated.except during maintenance.activity. All security patches related to operating systems and other associated software must be maintained at current manufacturer-tested levels. No other software applications may be urilized by the NMC. 20. CFW generally maintains aliases for units operating on the Radio Systein. If the USER has acquired the capability w modify its aliases, it may.administer and maintain its owzt subscriber unit aliases. From That point USER will be responsible for administering and maintaining,its own subscriber unit.aliases,and Lhe.CFW,villno longer administer and maintain the USER's subscriber unit aliases. 2.1. US$ ports on the .USER's Console Systems.-must be deactivated except during: maintenance activity. .All security patches related to operating systems and other associated software tnnst be maintained at current manufacturer-tested levels. If required, all connectivity between the Console Systems and the.Radio System is.lhe responsibility of the USER; including .soNvare,hardware:and earner services. Associated costs will be incurred by the USER. Unless otherwise approved by CFW, connectivity will be achieved through local terrestrial circuit. facilities. The use of other connectivity metbods, including but not. linntcd to microwave-, or Fiber, must be approved by the Cr-W. USER may incur additional costs from CFW for other connectivity methods. 22. The CFW shall execute with Motorola Solutions a.:System Upgrade Agreement for the Console Systems and Site Repeater Systems that Nvouldbe affected by the software upgrades, includiug those owned.(or.leased).and operated by the USER Unless the USER is notified otherwise by CFW,the software for the.Radio:System,all.Site Repeater Systems and all Console Systems will.be upgraded to the current level every two years: The USER will provide all reasonable coordination neeessary for the upgrade ofib- Console Systems..USFR acknowledges. that reductions in functionality may occur during the upgrade.prodess. APjjLCABLE,FEES;TERNIMATIOR',RFFUNDS. 23. USER shall pay the CFW an annual Ir rastructmc Support Fee in the amount of $34.00 per,month,per SubscriherRadio or console. This fee is payable in advance on an annual basis for all active radio I.Ds issued to USER a{ the time of the annual billing, Livoicing Will occur on a pro-rata basis when new Radio IDs are issued,and thereafter,:at the'bcginning of each CFW fiscal year. There will be no refunds or credits For rtdios.removed from service during the fiscal year. 24. If the USER subscribes to OTAR services, the USER shall pay.the CFW an annual OTAR Administration Fee in the amount of SLOO per month,per Subscriber Radio. This fee is. payable in advance on an annual basis for all active radio UN issued to USER at the Buie of the annual billing. Invoicing will occur nn a pro-rats basis when new Radio IDs are issued, and thereafter,at.the beginning of each CFW fiscal year. 25, USER shall pay the CFW an annual. Systcm Upgrade Agreement-Fee equitl to the arnotnt invoiced to the CFW by Motorola Solutions, Inc.;or its successors,for the upgrade of the. US.HR's Console Systems.and any other component. subject.to upgrade as a result of the. upgrade of the Radio System. 26. CF'W.shall have tile.right to increase.any applicable fees under this Agreement each fiscal year to offset any increased costs incurred by CFW in the operation or maintenance of the Radio,.Systerm Any increase in applicable fees will be effective at the beginning of the next CFW rrscal year. CFW shall provide USER with 60 hays'written notice of any.intended tee increase, provided, however, that. this, notice period may be less than 60 days if Motorola Solutions provides CFW with less.than.60 days'notice of an increase in the System Upgrade.Agreement. Fee and such reduced notice periodshall not impact US]"R'.s obligation to pay the increased fee. 27, Either USER or CFW may terminate this Agreement for.any remou,.with or without cause, upon ninety(90)days written notice to thc.other party. ll USI R terminates,there will be no refunds or credits for any.fee. If CFW termnates,CFW wiltissue a refund to the USER of all fees, except for the System Upgrade Agreement Fee, which is non-refundable, pro-rated to the end of the current riscal year, The.CFW,in its sole.discretion,shall bave the.right to deny USER access to the radio infrastructure and/or the right to terminate the.Agreement immediately if USFR tails to make.full payment of invoiced system.fees within thirty (30) days of the. date payment is due.The CFW further reserves the right to terminate this Agreement immediately;or deny access to the USER,upon notice of USER misuse of the Radio System. Notwithstanding the foregoing, the CFW, in its sole discretion,reserves the right to immediately deny access to the USER if such action is required to.prevent the spread bf.a security breach or threatened security breach or due to an emergency,operational issue, or other critical incident between the Master Switch and the USER's environment, The CFW will use best efforts to.restore access to the USER as soon as possible:onee the sccwity breach,ctneEgeney,operationai issue,or critical incident is resolved. COMPLIANCE WITH LAWS 28. The USER shall comply with all current and future Federal, State,and Local laws; Ordinances, and Mandates, including Federal Communications Commission rules and regulations regarding proper use of radio communications equipment. The USER will also comply with the guidelines, or procedures set out in this.Agreement. Furthermore, the:USER is responsible for enforcing such compliance by its employees, directors, officers, agents, authorized representatives,, sobcontrsctors, .and consultants for USER Subscriber Radio equipment_ Furthermore, the USER will be responsible.for payment of any flncs;and penalties levied against the CFW (as the license holder) as a result of improper or unlawful use of Subscriber Radio.equipment owned or leased by USER, 29, In order to comply with Federal, State,.and Local Laws and/or Mandates, the CF W, as the.license.holder,may need to act on behalf of the USER regarding.possible:modifications; reconfiguration,or exchange of Subscriber Radio equipment in order to meet these obligations. For as long as this Agreement is in. Force; the USER Will al the CI�W to Facilitate such activities on USER's behalf:as necc;ssarv. 30,In the instance where tJSi.;R Subscriber Radio.equipment is to be replaced in oiler to be in compliance with Federal, State,and Local Laws and/or Mandates, title and ownership of such replacement Subscriber Radio equipment shall, upon delivery of Subscriber Radio equipment to the USEWS site,-pass directly.:to the owner of the equipment that is.being replaced. The USER shall provide the Cli W or its designee,with the Subscriber Radio equipment to be rcpinecd,in go6d worling order,as determined by the CFW or its designee.USER.shall be liable for.payment of any Pees associated with radios deemed to be not proper working order.USER shall..be liable for payment of'any fees associated Mull npgrades to Subscriber Radio equipment, (End q f Docifincmf.) Communications System Agreement- Exhibit A Page 0 of 13 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fes✓" REFERENCE **M&C 19- 04EAGLE MOUNTAIN FIRE DEPT DATE: 9/17/2019 NO.: 0163 LOG NAME: COMMUNICATIONS SYSTEM AGREEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Communications System Agreement with the Eagle Mountain Fire Department for Participation in the City of Fort Worth's Two-Way Public Safety Radio System at No Cost to the City of Fort Worth (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Communications System Agreement with the Eagle Mountain Fire Department for participation in the City of Fort Worth's two-way Public Safety Radio System at no cost to the City of Fort Worth. DISCUSSION: The City of Fort Worth (City) maintains Agreements to provide access to its two-way radio system by other public safety agencies in Tarrant, Johnson, Dallas, Denton, Parker, Ellis and Palo Pinto counties. In return for this access, external agencies help offset the City's expenses through the payment of annual fees. In addition, access to the Fort Worth Public Safety Radio System by multiple jurisdictions enhances the ability of emergency responders to communicate with one another when responding to incidents. In July 2019, the Eagle Mountain Fire Department approved a Communications System Agreement to operate on the City's Public Safety Radio System. Eagle Mountain Fire Department will provide its own radios and dispatch center, but will utilize the City's radio infrastructure for its public safety communications. Estimated annual revenue is $6,000. To ensure the software levels of the radio system remain current and under support, the City utilizes a Motorola System Upgrade Agreement that encompasses all external agencies that maintain dispatch consoles. The use of a single Software Agreement to cover all users results in a 14 percent discount in the cost for all agencies, including the City. If applicable, Eagle Mountain Fire Department will reimburse the City for its portion of the System Upgrade Agreement. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation the Information Technology Solutions Department and the Financial Management Services Department have the responsibility for the collection and deposit of funds due to the City under this Agreement. Revenue from this agreement is estimated at$6,000.00 annually. TO Fund Department Account Project Program Activity Budget I Reference# I Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID Year Chartfield 2 http://apps.cfwnet.org/council_packet/mc—review.asp?ID=2731 1&councildate=9/17/2019 10/16/2019 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Kevin Gunn (2015) Originating Department Head: Roger Wright(2230) Additional Information Contact: Roger Wright (2230) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc—review.asp?ID=2731 1&councildate=9/17/2019 10/16/2019