HomeMy WebLinkAboutContract 39783THE STATE OF TEXAS §
COUNTY OF TARRANT §
'EC"L°i'AR
c )NTRACT No. 317
,
KNOW ALL BY THESE PRESENTS:
COMMUNICATIONS SYSTEM AGREEMENT
This COMMUNICATIONS SYSTEM AGREEMENT (the "Agreement") is made
and entered into by and between the City of Fort Worth ("Fort Worth" or "CFW") acting
herein by and through its duly authorized Assistant City Manager, and Fort Worth
Transportation Authority ("USER"), acting herein by and through its duly authorized
President/Executive Director, individually referred to as a "party," collectively referred to herein
as the "parties." The CFW or Fort Worth shall include all employees, directors, officials, agents,
and authorized representatives. USER shall include all employees, directors, officials, agents,
and authorized representatives.
RECITALS
WHEREAS, this Agreement is made under the authority of Sections 791.001-791.029,
Texas Government Code; and
WHEREAS, each governing body, in performing governmental functions or in paying
for the performance of governmental functions hereunder, shall make that performance or those
payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the subject of this Agreement is necessary
for the benefit of the public and each has the legal authority to perform and to provide the
governmental function or service which is the subject matter of this Agreement; and
WHEREAS, each governing body finds that the performance of this Agreement is in the
common interest of both parties and that Lite division of costs fairly compensates the performing
party for the services or functions under this Agreement; and
WHEREAS, Fort Worth owns, operates, and maintains Trunked Voice Radio Systems
for the purpose of providing Public Safety voice radio communications and is the sole licensee of
the CFW Trunked Voice Radio Systems with all privileges and responsibilities thereof.
NOW THEREFORE, Fort Worth and USER agree as follows:
1. GRANT OF LICENSE
Fort Worth hereby grants the USER specific permission to operate its owned field radio
equipment or equipment attached and/or interfaced to the CFW Trunked Voice Radio Systems
(the "System") infrastructure in accordance with the specific details and requirements for use as
set forth in "Exhibit A, Terms of Use," which is attached hereto, incorporated herein, and made
a part of this Agreement for all purposes. Failure to comply with these specific details and
requirements may result in the immediate withdrawal of the specified permissions. T s
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i'it;i,llIL RECORD
CITY Sl=f%:D=T.ARY
Page 1 FT. WOR'Y'I- 011
8. ASSIGNMENT
USER shall not have the right to assign or subcontract any of its duties, obligations or rights
under this Agreement without the prior written consent of the City, which such right shall be
granted solely at the discretion of the City.
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. AMENDMENTS
No amendment to this Agreement shall be binding upon either party hereto unless such
amendment is set forth in writing, and signed by both parties.
11. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall
not in any way be affected or impaired.
12. CONFIDENTIAL INFORMATION
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 City as confidential and shall not disclose
any such information to a third party without the prior written approval of the City. USER shall
store and maintain City Information in a secure manner and shall not allow unauthorized users to
access, modify, delete or otherwise corrupt City Information in any way. USER shall notify the
City immediately if the security or integrity of City information has been compromised or is
believed to have been compromised.
13. FORCE MAJEURE
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 God, acts of omission, fires,
strikes, lockouts, national disasters, wars, riots, material or labor restrictions, transportation
problems or existing contractual obligations directly related to the subject matter of this
Agreement.
Page 3
ATTEST:
By:
lYl(.Ll l,' LLV11LLL1A
City Secretary
ATTEST:
Executive Assistant and
Board Liaison
APPROVED TO FORM AND APPROVED TO FORM AND
LEGALITY: a' 411ggq LEGALITY:
Aga B `. p � �OgBx" �� y.
Maleshlu�. Farmer pro S fvia M. Hartless
Assistant City Attorney �tioll r°o_+ General Counsel
� OP
•Date Approved.
ECA: o�DD �-�pD
Date Approved: 9028 p:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 5
CATEGORY 19 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
"Infrastructure Support Fee" shall mean the annual fee charged by CFW to offset any actual
increased costs incurred by the City in the operation and maintenance of the radio systems. The
annual Infrastructure Support Fee is billed per active subscriber radio ID, payable in advance on
an annual basis for all active radio IDs issued to USER at the time of the annual billing.
Invoicing will occur when new Radio IDs are issued on a pro-rata basis, and thereafter, at the
beginning of each CFW fiscal year. There will be no refunds or credits for radios removed from
service during the year billed.
`Private Call" shall mean a trunked radio system feature that reserves channel resources
specifically for conversations between two subscriber radios. Due to the radio infrastructure
resource allocations required by "Private Call," this feature is normally not permitted on the
City's trunked voice radio systems.
"Subscriber Radio" shall mean a control station (desk top radio), mobile radio, or portable
radio, which has a unique identification number and is programmed to operate on the CFW
Trunked Voice Radio System.
"System Affiliation Fee" shall mean a non -recurring, non-refundable fee for each new radio
added to the system per radio identification (ID) number.
`Talk Group" shall mean a specific group of subscriber units allowed to communicate privately
within that group over shared infrastructure resources.
Page 1
8. The CFW will be responsible for managing infrastructure loading and demand. If, in the
sole opinion of the CFW, other entities/agencies can be added to the system without adversely
impacting the current system over the life of the system, then the CFW reserves the right to enter
into a similar agreement with other entities, or deny the addition of new subscriber radio
equipment to any user of the system, without notice to other incumbent users.
9. Either USER or CFW may terminate this Agreement for any reason, with or without
cause, upon ninety (90) days written notice to the other party. The CFW, in its sole discretion,
shall have the right to deny USER access to the radio infrastructure and/or the right to terminate
the Agreement immediately if USER fails 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
system.
10. USER is prohibited from utilizing telephone interconnect on the City's trunked voice
radio systems, connecting to either the PSTN (Public Switched Telephone Network), or its
internal phone system(s), through a console patch into the CFW trunked voice radio system, or to
any subscriber radio on the systems.
11. «DELETED »
12. USER is not permitted to utilize any form of data communications on the City's trunked
voice radio systems.
13. USER will be assigned talk group IDs unique to USER operation. No other agency will
be authorized to use USER talk groups without the express written permission of USER, and a
copy of such permission must be on file with the CFW. The CFW reserves the right to require
certain talk group IDs to be programmed in USER radios. Additionally, the CFW shall have the
right to limit the number of talk group IDs to be used by USER and to disable talk groups IDs as
it deems appropriate.
14. The CFW requires that every radio on the system shall have the following talk groups:
i. Tarrant 1.
ii. Tarrant 2.
iii. All NPSPAC Mutual Aid Channels.
APPLICABLE FEES
15. USER shall pay anon -recurring, non-refundable System Affiliation Fee of $600.00 for
each new radio added to the system per radio identification (ID) number. Each radio shall be
issued a unique radio ID by the CFW, and this unique radio ID shall be programmed into one
USER owned radio by a CFW approved radio service facility.
16. USER shall pay the City an Annual Infrastructure Support Fee in the amount of $24 per
month, per subscriber radio, payable in advance on an annual basis for all active radio IDs issued
EXHIBIT A-1
CITY OF FORT WORTH LIST OF APPROVED RADIOS
Portables:
MTS2000 Portable
STX821 (model II) Portable
MTS2000 Portable
XTS250ORB Portable
XTS 1500 Portable
XTS2500 Portable
XTS3000 Portable
XTS5000 Portable
EF Johnson 5100
Mobiles:
Spectra Mobile
XTL5000 Mobile
XTL250ORB Mobile
ASTRO Spectra Mobile
MCS2000 Mobile
XTL1500 Mobile
XTL2500 Mobile
XTL5000 Mobile
LCS2000 Mobile
Consolettes
Spectra Consolette
XTL5000 Consolette
ASTRO Spectra Consolette
Additionally, the following requirements must also be met:
1) Only 7 inch antennas will be allowed for portables.
2) Stubby broad spectrum antennas are prohibited from use for portables.
3) No gain greater than 3 DB will be allowed for mobiles and consolettes.
Page 1
M&C Review
a i . • • • 1 1
ATE: 11/10/2009 REFERENCE .. E **C-23897 LOG NAMEn 04FT WORTH TRANSPORTATION
CODE: C TYPE: CONSENT PUBLIC NO
HEARING.
SUBJECT: Authorize the City Manager to Execute a Communications Systems Agreement with the Fort Worth Transportation
Authority for Continued Participation in the City of Fort Worth's Two Way Public Safety Radio System at No Cost to
the City
It is recommended that the City Council authorize the City Manager to execute a Communications Systems Agreement with the
Fort Worth Transportation Authority for continued participation in the City of Fort Worth's two way public safety radio system in
which the Fort Worth Transportation Authority will reimburse its share of operations and maintenance to ensure no cost to the City.
During Fiscal Year 2010, the reimbursement is estimated to be approximately $80,352.00.
DISCUSSION:
The City of Fort Worth (Fort Worth) has maintained agreements to provide access to its two way radio system by other public safety
agencies in Tarrant and Denton counties. In return for this access, external agencies help offset the City's expenses through the
payment of annual fees.
The federally mandated 800 MHz Public Safety Radio Rebinding Project (M&C C-22865 approved June 17, 2008) (Rebinding
Project) has resulted in changes in the radio system infrastructure which require updates to the Communications Systems
Agreements with external agencies.
This Communications Systems Agreement grants the Fort Worth Transportation Authority specific permission to operate its field
radio equipment on the Fort Worth Radio System under the new frequencies assigned through the Rebanding Project.
The Communications Systems Agreement (Agreement) specifies that the Fort Worth Transportation Authority shall pay a non-
recurring, non-refundable system affiliation fee of $600.00 for each new radio added to the system and an annual infrastructure
support fee in the amount of $24.00 per month per radio. The Agreement allows Fort Worth to adjust the annual infrastructure
maintenance fee based on the City's cost.
The Fort Worth Transportation Authority is responsible for the procurement and maintenance of its radio field equipment. The
equipment includes mobile radios, portable radios, consoles and consolettes.
Upon replacement of all radios provided by the Rebanding Project, title and ownership shall pass directly to the Fort Worth
Transportation Authority, The Fort Worth Transportation Authority will be responsible for all ongoing expenses associated with this
radio equipment.
Approved expenses associated with the Rebanding Project are paid by Sprint/Nextel.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Information Systems Department is responsible for the collection and
deposit of funds due to the City.
http://apps.cfwnet.org/council packet/mc_review.asp?ID=12621&councildate=ll/10/2009 (1 of 2) [ii/12/2009 11:57:41 AM]
M&C Re!iew
Submitted for City Manager°s OfFice by:
Additional Information Contact:
ATTACHMENTS
Karen Montgomery (6222)
Peter Anderson (8781)
Steve Streiffert (2221)
http://apps.cfwnet.org/council packet/mc_review.asp?ID=12621&councildate=il/10/2009 (2 of 2) [11/12/2009 11:57:41 AM]