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HomeMy WebLinkAboutContract 45326 CITY SECII COWTRACT a Woo COMMUNICATIONS SYSTEM AGREEMENT CATEGORY I —GOVERNMENT ENTITY This COMMUNICATIONS SYSTEM AGREEMENT (the "Agreement") imade and entered into by and between the City of Fort Werth ("Fort 'earth" or `C''FW") acting herein by and through its duly authorized Assistant City Manager, and the Fort Worth Transportation Authority ("USER"), acting herein by and through its duly authorized Interim President/Executive Director, individually referred to as a. "party," collectively referred to herein as the "Parties."' The CFA or Fort ""'worth ,shall include all employees, directors, officers, agents,, and authorized representatives. USER shall include all employees, directors, officers, agents, and authorized representatives. RECITALS WHEREAS, this Agreement is made under the authority of Sections 791.0011-791.029, 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; an WHEREAS, each governing body finds 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 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 license holder of the CFW Trunked voice Radio Systems with all privileges and responsibilities thereof: NOW THEREFORE, port Worth and USES. agree as follows: te, GRANT of LICENSE Fort worth hereby ,rants 'the USED. specific permission to, o, erate USER's owned or leased re field radio equipment or equipment attached and/or interfaced t : e CFW Trunked voice Radio M, Systems (the "Radio System") infrastructure in accordance I, it the specific details an M requirements for use as set forth in "Exhibit A, "T"erms of Use,"' wvhich is attached hereto, M . incorporated herein, and made a part of this Agreement for all purposes. Failure to comply with requirements may l in immediate these specific details and y resut n the withdrawal of the specified permissions. ��YIW!"U1 WMI�IdMI!YP'YM evl'PM!NVIBIGh9WJY7AWllli&1YU WlF',11'MYlllriiffl"IYAAYVGDG 4",'bfViVYY9lll�"y/,'HMN�vYllhM,'N........1W1......M'mMnwwiy OFFICIAL K lhV R U, 2, TERM C1 City A �� ''�r�uVIVY�!"�IIEti ,b"R 1 d'' ,wnr 1 V; yl, J�f7n",M ��., �� � ��.,�86W � City of Fort worth Conununicatuons System Agreement Fl e, r �r>i��II ��� iiw, � °����� Fort Worth Transportation Authority !n./an/I/altra�tE'17'Cd1,"1 a1®u,%JG%/i/jprlmUll,dqiiGfu+XraJnaarrrrAr,,,'wdCd¢a,1NYdun l�rvir Vlvl^tprlkzu'uXiviimmrvarirremr'nfNr»/YriIWV.; Page 1 of 11 This Agreement shall 'begin upon the last day executed by all authorized parties and shall, continue in full force and effect unless terminated in accordance with the provisions set forth herein and in Exhibit A. I COMPENSATION USER shall remit payment to Fort Worth in the amount and manner set forth in Exhibit A. ,4, LIABILITY Each party agrees to be liable for any damages or loss that may be caused by its own negligence, omission or intentional misconduct. For purposes of-this Section 4, the to party shall include employees, directors, officers, agents, authorized representatives, subcontractors,, consultants, and volunteers of the respective party. Nothing in the perfonnance, of this Agreement shall impose, any liability for claims against either party other than for claims, for which the Texas Tort Claims Act may impose liability. 5. INDEPENDENT CONTRACTOR It is expressly understood and agreed that USER shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the CFA'. Subject to and in accordance with the conditions and provisions of this Agreement, USER shall have the exclusive night to control the details of its operations and activities, and be solely responsible for the acts and ornissions, of its employees, directors, officers, agents, authorized representatives, subcontractors,, and consultants. USER acknowledges that the doctrine of respondent superior shall not apply as between the CF W, its employees, directors, officers, agents, and authorized representatives, and USE and its employees, directors, officers, agents, authorized representatives, subcontractors, and consultants. USER further agrees that nothing herein shall be construed as the creation of'a partnership or joint enterprise between CF W and USER. 6. NON-,APPROP,RIATION OF FUNDS Fort Worth and USER will use best efforts to appropriate sufficient funds to support obligations under this Agreement,. However, in the event that sufficient funds are not appropriated by either party's governing body, and as a result, that party is unable to fulfill its obligations under this Agreement, that party (i) shall promptly notify the other party in writing and 00 may terminate this Ageement, effective as of the last day for which sufficient funds have been appropriated. 7. RIGHT TO AUDIT USER agrees that the CF shall, at no additional cost to the CF W, during and until the expiration oft ee (3), years after termination of this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers,, records,, and communications of the USER involving transactions relating to this AgTeernent. USER agrees City of it Worth Communications System Agreement Fort Worth Transportation,Authority Page 2 of 11 that the CFW shall, have access during normal working hours to all necessary USER facilities and shall be provided adequate and appropriate work space 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. 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 CFW. Which such right shall be granted solely at the discretion of the CF'W. Any assignment in violation of this provision shall be vo�id. 9* NO WAIVER The failure of either party to insist 'upon the perfori-nance 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 perfon-nance or to assert any such night on any future occasion. 1,0, GOVERNMENTAL P,OWERS/IMMUNITIES It is understood and agreed that by execution of this Agreement, neither CFW nor USER waives 0 or surrenders, any of its governmental powers or immunities. 111 AMENDMENTS No amendment to this Agreement shall be binding on 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, SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to, be invalid, 0 # illegal or unenforceable, the validity, legality and enforceability of'the remaining,provisions shall . A not in any way be affected or impaire%-,&. 13. 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 CFW as confidential ("City Information") and shall not disclose any such information to a third party without the prior written approval of the CFW, unless, such disclosure is required by law, rule, regulation, court order, in which event USER shall notify CFW in writing of such requirement in sufficient time to allow CFW to seek injunctive or other relief to prevent, such disclosure. 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 CFW immediately if' it of Foil Woffli Comniut&ations System Agreement Fort Worth Transpottition Authority Page 3 of I I f`t the security or . t 'ty of any City lnformat*on has been compromised or is believed to have wm�� been crnpro ised. 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 p rfor lance due to force majeurc or other causes' beyond their reasonable control, including, but not limited to, compliance with any state or federal law or regulation, acts of Gard, acts of omission, fires, strikes, lockouts, national disasters, wars, 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, state, county, or City government in accordance with applicable law. 1519 NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when 1 hand-delivered to the other party, its agents, employees, servants or representatives, delivered by facsimile with electronic confirmation of the transmission, or 3 received by the ether party by United States Mail, registered, return receipt requested, addressed as follows: City of Fort Worth Fort Worth Transportation Authority Attn: Susan.Alanis, .Assistant City Manager Attn: Anthony V. Johnson 1000 Thr ckmorton 1600 E. Lancaster Avenue. Fort Worth TX 76102-63 11 Fort ort Worth TX 76102 Facsimile. 81 392-8654 Facsimile: 817 21 5..8765 With Copy to the City Attorney With Copy to FWT' . +General At same address Counsel at sage address 16, GOVERNING LAW / VEN'UE This Agreement shall be construed in accordance with the laws of'the State of Teas. Venue for any action brought on the basis of this Agreement shall he exclusively in state courts located in `arrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. In any such action, each party shall pay its own attorneys' fees, court costs and other expenses incurred as a result of-the action. 17• SIGNATURE AUTHORITY The 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 such binding authority has been anted by ro er order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. City of Fort Worth Communications Sy t m Agreernent Fart Worth Transportation Authority Page 4 of 181, ENTIRETY OF AGREEMENT This written instrument, including all Exhibits attached hereto, contains the entire understanding and agreement between Fort Worth and USES. as to the maters contained herein. Am'y prior or contemporaneous oral or written agreement is hereby declared nu ll and void to the extent in conflict with this Agreement. . COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument., EXECUTED IN MULTIPLE ORIGINALS on this th ay of 2 CITY OF FORT WORTH. FORT WORTH TRANSPORTATION AUTHORITY, By: B y V-j zi000 uus n Al nis Anthon y on �� t lager Interim Presi ent/E,ecuutive Director Date. ate. ATTEST. R ATTEST. w vo Blym I+nw i''�'y M Jew ary, �`e �, +a � . City CrI 9 APPROVED AS TO FORM , �,, 00 u ,a APPROVED AS TO, AN LEG L . Y. �� � � � ��W� AND LEGALITY, 0001e 2 By: P' 6� v u Title.- General Counsel Contract Authorization: &C: Date Approved: �VTI'�J ms;�+L'rmi/�utt�'r7ViBMirr��v�;NlNamu�mM1@'�PoV% knV�,B'W,I�vr�lu'�Vf�ererl��S6v�uriW�yftlllmRl�w.vWX�2�VV�,b,+JtriAUflUl Vfly7��'�1�r86wip%mumuu�°x�oaV'�?f7p�'�fitW¢V�&'�6PA'Sf� OFFICIAL RECORD I R C A D E TU L °��� WORTN,�, 9��61City TM For' Wore C 'emu c do Syste Agree� nt l ��� Fort Worth Transportation J"lw. ho #4 Ducat"urt1,1mmrri11u111,0 00atr+RUNWAP au�t�i�nc'emom;�angDmru��mw±�mrrn�ru�iwu,dip............asr�.rrrm�u�a�uat?+Niw�!t�ww�u�eano�p mv.�w�id� Page 5 f 1. E'XHIBIT A 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 USED that are connected to the CFIW Master Switch. "Interoperable Communications Governance Committee" ("Governance Committee"') shall mean that group 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 member's 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 fee charged by CFW to offset costs incurred by the CFW in the operation and maintenance of the Radio System. "Interoperable Communications Plan" (the "P"lan" means the plan developed and established by CFW and the Governance Committee to facilitate, enhance and sim, �lify radio communications among, all agencies, utilizing the Radio System or connecting their Site Repeater Systems, or Console Systems to the C.FIW Master Switch. The Plan is available upon request from CFW or can be found on the CFW webs,ite at littp�//fortworthtexas. .,vov/itsoiuti ns/. "Master Switch" shall mean the primary processing and network infrastructure to which all Console Systerns, 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"I ("OTARll), shall mean the management and support of Subscriber Radio encryption keys via over-the-air, radio channel transmission. IIIOTAR Administration Fee"' shall mean the annual fee charged by CF'W to offset costs incurred by the CFIW in the management and support of Subscriber Radio encryption keys administered through the Radio System's OT'AR functions,. "Over the Air Programming" (1,10TAP11) shall mean the, method of' implementing programming changes to Subscriber Radios using the over-the-air data capabilities of the Radio System. ''Private, Call" shall mean a feature that reserves channel resources, specifically for conversations between two Subscriber Radios. City of Fort Worth Commur&ations,System Agreement Fort Worth Transportation Authority Page 6 of I 1 "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 CF'W 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 SER'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 specif c. group of Subscriber Radios allowed to communicate privately within that group over shared 'Infrastructure resources. TERMS OF USE 1. The installation, and maintenance of the Radio System infrastructure equipment is the responsibility of CFW unless otherwise stated in this Agreement. 2. The CFW i's the he of the FCC (Federal Comm unicati ons Commission) license(s) that the Radio System uses for its operation. This Agreement shall not be construed or interpreted to grant, convey, or otherwise provide USER with 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 coverage in a particular location. The USER is responsible for conducting appropriate and applicable in-building and geographical coverage testing to deterrnine the expected USER 's coverage level for U 's, equipment. 4. USER will be responsible for the acquisition, programming, and maintenance of all equipment USER will be utilizing in connection with the Radio System infTastructure, includi'ng, but not limited to, Subscriber Radios, consoles, and, special equipment. 5. In order to ensure hardware and software 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 unaut'norzed radios on the Radio System may result in suspended, operation of the radios and/or termination of the Agreement. USER agrees to exclusively utilize antennas specifically approved by the radio manufacturer for use with -the specific models of USER"s radios. The use of short, broad spectrum, or 64stub y," antennas, is not recommendred. USER shall be solely liable for coverage gaps, in the event USER utilizies, short,broad spectrum, or stubby antennas or other antennas not approved by the manufacturer for use with the specific models of USER's radios. City of Fort Worth Cormiiurlications System Agreement Fort Worth Transportation Authority Page 7 of I I 7. No antenna gain greater than 3 DB will be allowed for mobiles and consolettes. 8. USER shall use 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 fio-mt to remove fro�m operation any field radio unit or equipment owned or leased by USER that is operating on, attached an for interfaced to the CFW infrastructure, if CFW determines in its sole reasonable discretion, that such equipment is causing interference or harm to the Radio System in any way. The CFW reserves the night 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 authon',zed radio repair, facility approved by the CFW. The cost of such testing or repair will be the sole responsibility of USER. Furthermore, the CFW shall have the night to deactivate., without prior notification to or consent 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 System's overall operation. 9. USER's radios may be used for voice radio communications over the Radio System infrastructure in accordance with the terms and conditions of this Agreement for as long, as this Agreement remains in effect. 10. 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 based on CFW"s deter-nination of whether such. addition to, the Radio System can be made without adversely impacting the Radio System. 11. USER is prohibited from utilizing telephone interconnect on the Radio System. This prohibition shall 'include, but is not limited to, connecting to either the Public Switched Telephone Network (PSTN) 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,. USER shall be per fitted to utilize "Private Call" on the Radio System, provided, however, that CFW shall monitor the effects of such use, and in the event such usage has an adverse impact, on the other operations of the Radio System, CFW shall notify USER of such impact, and USER shall coordinate with CFW to adjust utilization of Pfivate Call in order to reduce or eliminate the adverse impact. 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 involving moire than ten Subscriber Radios, USER agrees to coordinate with CFW prior to executing changes to, minimize impact on other users and on the Radio System. City,of Fort Worth CoiYumnications Sy tern Agreement Fort Worth Transportation Authority Page 8 of I I 14. The use of OTAR in association with Subscriber Radio encryption is prohibited without prior approval of CF W. Administration of encryption keys will be performed exclusively by CF W. USER may utilize and administer other encryption methods as required. 15. The CFW will provide USER with an Advanced System 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. USE agrees to notify CFW immediately upon the theft or loss of the ASK. 16. CFW will assign the USER Talk Group IDs unique to USER, operation. All Talk Group names shall include a prefix unique to the USER's agency. 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 C before such use may occur. The CF W reserves the right to require certain i i alk Group IDs to be programmed in USE radios. Additionally, the CFW shall have the night to limit the number of Talk Group IDs to be used by USER and to disalwe'Talk Groups IDs as it deems appropriate. 17. The CF W has established a coordinated Interop�erable Communications Plan to apply to CFW 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. Roairting to other 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 C,FW. Roaming to other trunke!d systems, will be limited to the Radio System's interoperable Talk Groups, although this capability may be ten-ninated by CF W if its use is determined to result in performance degradation to either the Radio System or the interconnected trunked system. 19. USER may utilize a Network Management Console (NMC) to manage its own environment. USER is responsible for acquiring and maintaining, at USER's, sole cost, all components required to connect the NMC to the Radio System. The USER's NMC must be partitioned in W anner to limit access to USER's, own environment only and to prevent USER from viewing, accessing, or making, any changes to equipment that is not owned or leased by USER. The USER must ensure the NMC is located in a secure area. US 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 utilized by the NMC. 20. CFW generally maintains aliases for units, operating on the Radio System. If the USER has acquired the capability to modify its aliases, it may administer and maintain its own subscriber -unit aliases. Fron'i that point, USER will be responsible for administering, and maintaining its own subscriber unit aliases, and the CFW will no longer administer and maintain the SER's subscriber unit aliases. City of Fort Worth Communications System Agreement Fort Worth Transportation Authority Page 9 of 1 I 21. U ports on the USER"s Console Systems must be deactivated except during maintenance activity. All security patches related to operating systems and other associated softy are must be maintained at current manufacturer-tested levels. If required, all connectivity between the Console Systems and the Radio System is the responsibility of the USER, including software, hardware and carrier 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 methods, it but not limited to microwave or fiber, must be approved by the CFW. 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 would be affected by the software upgrades, including 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 necessary for the upgrade of its Console Systems. USER acknowledges that,reductions in functionality may occur during the upgrade process. TERMINATION- REFUNDS A PP *LICABLE FEES, 1 23. USER shall pay the CFW an annual Infrastructure Support Fee in the amount of $24 per month, per Subscriber Radio or console. This fee is playable in advance on an annual basis for all active radio IDs, issued to USER at the time of the annual billing. Invoicing will occur on a pro- rata basis when new Radio IDs are issued, and thereafter, at the beginning of each CFW fiscal year, There will be no refunds or credits for radios, 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$1 per month, per Subscriber Radio. This fee is 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, on a pro:-rata basis when new Radio 1 i are 'Issued, and thereafter, at the beginning,of'each CFW fiscal year. 25. USER shall play the CFW an annual System Upgrade Agreement Fee equal to the amount invoiced, to the CF'W by Motorola Solutions, Inc., or its successors, for the upgrade of the USER"s Console Systems and any other component subject to upgrade as a result of the upgr olf'the Radio; System. 261, CF'W shall have the right to increase any applicabile fees under this Agreement each fiscal year to offset, any increased costs incurred by CFW in the operation or maintenance of the Radio System. Any increase in applicable fees will be effective at the beginning of the next CFW fiscal year. CFW shall provide USER with 60, days" written notice of any intended fee increase, provided, however, that this notice period may be less than 60 days if Motorola Solutions provi des, CFW with less than 60 days" notice of an increase in the System Upgrade Agreement Fee and such reduced notice period shall not impact USER's obligation to pay the increased fee. City of Fort Worth Communications System Agreement Fort Worth Transportation Authority Page 10 of 1I 27, Either USER or CFW may terminate this Agreement for any reason, with or without cause, upon ninety ") days,' written notice to the other party. if USER. terminates,, there will be no refunds or credits for any fee. If CFW terminates, CFW will issue a refund to the USSR of all fees, except for the System Upgrade Agreement Fee, which is non-ref ndahle, pro-rated to the end of the current fiscal year. The CFW,, in its sole discretion., shal,l have the w t to deny USES.. access to the radio infrastructure and or the right to terminate the Agreement immediately USER fails to, make full payment of involiced system fees within thirty (310) 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 USES. misuse of the Radio System. Notwithstanding, the foregoing, .� ��'�, in. its sole discretion, reserves the t� �immediately deny access to the USER if such action is required to prevent t w he spread of a security breach or threatened security breach or due to an emergency, operational issue, or other critical incident between the Master Switch and the USE R's environment. The CFW will use best efforts to restore access to the USER as soon as possible Duke the security breach, emergency, operational 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 ern lakes, directors, officers, agents, authorized representatives, sul contractors,, and consultants for USER Subscriber Radio equipment. Furthermore,, the USER will he responsible for payment of any fines and penalties levied against the CF' as the license holder as a result of improper or unlawful use of Subscriber Radio equipment owned or]eased by USER. 291. In order to comply with "ederal, State, and Local, Laws and/ or Mandates,, the CFW', as the license holder, may need to act on behalf of the USER regarding possible modi f cations, reconfiguration, or exchange of'Subscril er Radio, equipment in order to meet these obligations., For as long as this Agreement is in force, the USER will allow the CFW to facilitate such activities on S 's behalf as necessary. 30. In the instance where USER Subscriber Radio equipment is to be replaced in order to be in compliance with Federal, State, and Local laws and/or Mandates, title and ownership, of such replacement Subscriber Radio equipment t shall, upon delivery of Subscriber Radio equipment to the USER's stye, pass directly to the owner of the equipment that is being re ila.ced. The USER shall provide the CFW, or its designee, with the Subscriber Radio equipment to be replaced, in good working order, as deten-nined by the CFW or its designee. USER shall he liable for payment of any fees associated with radios deemed to be not in proper working order. USER. shall be liable for payment of any fees associated with upgrades to, Subscriber Radio equipment. [End of Document] City of Foil Worth Coln-nun%eaten Sy t rn Agreement Fart Worth Transportat on Authority Page 11,of I u "M&C Review Pagel ofd2 Officiall site of the City of Fort Worth,Texas' AM Ad"% Fo ITT WORT I] LITY LOUNCIL A(31ENDA COUNCIL ACTION: Approved on 1/14/201I4, REFE N 'RE �CE 04FORT WORTH DATE: 1/14/2014 NO..- **C-26628 LOG NAME: TRANSPORTATION AUTHORITY COMMUNICATIONS SYSTEM AG CODE: C TYPE: CONSENT PUBLIC NO HEARING,- SUBJECT: Authorize Execution of a Communications System Agreement with the Fort Worth Transportation Authority for Participation, inthe City of Fort Worth's Two,-Way Public Safety Radio System at No Cost to the City of Fort Worth (ALL COUNCIL DISTRICTS) idrr RECOMMENDATION: It is recommended that the City Council authorize the execution of a Communications System Agreement with the Fort Worth Transportation Authority for participation in -the City of Fort Worth's Two-Way Public Safety Radio Syste�m�. The Fort Worth Transportation Authority will reimburse its share of operations, and maintenance to ensurer no cost to the City of Fort Worth with annual reimbursement estimated to be approximately in the amount of$80,640.010. In addition, the Fort Worth 'Transportation Authority will reimburse the City of'Fort Worth for its share of the Software Upgrade Agreement,. DISCUSSION-. The City of Fort Worth (City) maintains Agreements to provide access to its two-way radio systems by other Public safety agencies, in Tarrant and Johnson counties., In return for this access, external agencies help offset the City's expenses througih 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 December 2013, the Fort Worth Transportation Authority approved a Communications System Agreement to operate on the City's new digital Public Safety Radio System. Fort Worth Transportation Authority will provide its own radios and di'spatch center, but will utilize the City's radio infrastructure for its pubilic safety communications. Fort Worth Transportation Authority currently utilizes the city's s legacy radio system, and is scheduled to transition to the new,system in 0, 4. Because the new system operates under different technical standards, a new Agreement is ireq u i red. To ensure the software levels of the radio Systems remain current and under support, the City will utilize a Motorola Software Upgrade Agreement that encompasses, all external agencies that maintain dispatch consoles. The use of a single Software Agreement to cover all users will result in a 9.1 percent discount in the cost for all agencies, including the City,. The Communications System Agreement with the Fort Worth Transportation Authority allows the City to invoice the Fort Worth Transportation Authority for its share of the Motorola Software Upgrade Agreement, as well as the Fort Worth Transportation Authority's annual subscriber fee which is estimated to be approximately in the amount of$8,0,,6140.00 annually. FISCAL INFORMATIONI/CERTIFICATION: The Financial Management Services Director certifies that the Information Technology Solutions Department is responsible for the collection andl deposit of fund's due to the City. http-.//apips.cfwnet.or loo lun,c*l iew.asp I ......packet/mc.,...,-rev* ?1D 1,9380&cou,ncildcite-1/1 /'2014 1/21/20,14 M&C Review Page 2 of 2 TO FundiAccount/Centers FROM Fund/Account/Centem P168 475700 0046020 180,1640.00 Submifted for City Man r1s, Office Susan Ala III (8 180), Originating,De rr lment Head: Peter Anderson (8781) Additional Information Contact: Steve Streiffert (2221) Alan Girton (8,4,84) ATTACHMENTS 1-ittp-,//a s.cf'wnet.org/counc'lI pa,eket/me—re vie w.as ` ID=19 3 8 O&counci Idate—1/14/2 014 1/21/2014