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HomeMy WebLinkAboutContract 50680 CITY SECRETARY a CONTRACT NO._ MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made by and between the Tarrant County 9-1-1 Emergency Assistance District("TC911") and the_City of Fort Worth ("City") WHEREAS, TC911, created pursuant to Chapter 772 of the Texas Health and Safety Code, strives to continuously provide reliable, accurate, responsive, and effective emergency communication networks and services to its member jurisdictions in order to help ensure the protection of life and property of persons within TC911's district boundaries; and WHEREAS, City is a TC911 member jurisdiction; and WHEREAS,TC911, in cooperation with City,provides services and technology to enable and maintain enhanced 9-1-1service within City and adjoining jurisdictions; and WHEREAS, TC911 purchased 7,500 TDMA Flashes from Motorola which provide software programming key codes to improve radio interoperability throughout the District; and WHEREAS, City will be benefitted by the utilization of these TDMA Flashes and has agreed to accept the use of the Flashes in accordance with the terms and conditions set forth in this MOU. NOW THEREFORE, it is agreed by and between the City and TC911 as follows: 1. Tarrant County 9-1-1 District: 1.1 Will provide approximately 3,900 Flashes to City. 1.2 Will convey Flashes to City via USB drives unless an alternative delivery method is agreed upon in writing by City and TC911. 1.3 Will not provide any updates, maintenance, or support for Flashes. 2. City: 2.1 Will install the Flashes. 2.2 Within eighteen months, will install the Flashes on all City radios and reprogram City's radio template to implement the TDMA upgrade. 1 8910 2.3 Will return the Flashes to TC911, by regular mail, if not installed within eighteen y 6 >>r months.Failure to install or return the Flashes may result in the suspension of City's 5� y ability to apply for interoperability funding from TC911. RI�C�lV,7n Terms of MOU; Modifications: APR 23 2018 Cm'o�FoRr OFFICIAL RECORD OYSECn W01 J H w CITY SECRETARY v T.WORTH,VX 2�`` 0! g g L°��� 3.1 This MOU shall be effective upon execution by both Parties and will remain valid until revoked by one or both Parties. 3.2 This MOU may be modified only by written agreement of the Parties. 4. Miscellaneous Provisions: 4.1 This MOU shall be governed by the law of the State of Texas. This MOU shall b� fully performable in Tarrant County, Texas and venue for any dispute or mattef arising under this MOU shall lie in Tarrant County. 4.2 This MOU is contractual and is binding upon the parties hereto and their successors, assigns and representatives. 4.3 In the event that any portion this MOU shall be found to be contrary to law it is the intent of the Parties that the remaining portions shall remain valid and in full force and effect to the extent possible. 4.5 City agrees and accepts full responsibility for the acts,negligence,and/or omissioril of all City employees, agents, contractors, subcontractors, and/or contract laborers,; if any, and for all other persons doing work under this MOU for City. 4.6 City agrees, to the extent permitted by law, to release, indemnify, defend and hold harmless TC911 from any and all loss, claims, demands, suits or other actions, or any liability whatsoever, whether suffered, made, instituted or asserted by City or by any other person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by City or others, as allowed by law, arising from or in any way related to the installation of the Flash software. 4.7 The Parties to this MOU do not intend by this MOU that any specific third parte may obtain a right by virtue of the execution or performance of this MOU. 4.8 This MOU is not intended to extend the liability of the Parties beyond that provided by law. The Parties do not waive any immunity or defense that would otherwise be available to them against claims by third parties. 4.9 Each Party represents to the other that: 4.9.1 In performing its duties and obligations hereunder, it will be carrying out one or more governmental functions or services which it is authorized to perform; and 4.9.2 Each Party paying for the performance of governmental functions and services under this MOU must make those payments from revenues available to the paying Party; and WATarrantCounty911\Agreements\MOU software flashes (10/26/17) Page 2 4.9.3 The undersigned officer or agent of the party has been properly authorized by that Party's governing body to execute this M O U and that any necessary resolutions or other approvals extending such authority have been duly passed and are now in effect. Tarrant County 9-1-1 District: Signature: Printed Name: Title: Executive Dir;�Illozlle- Date: OFFICIAL RECORD City of Fort Worth: CITY SACRISTARY FT.Wolff"/TX Signature: Printed Name: _Sus Alanis_ Title: Assistant City Manager_ Department: _City Manager's Office_ Date: FORT�2 APPROVED AS TQ FOR.M AND!EGALRY C): 1Y ATTORN M J• gay r, Ci Secmtmy WATarrantCounty911\Agreements\MOU software flashes(10(26/17) Page 3 Tarrant County 9-1-1 District Memorandum of Understanding Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. kA to e Streiffe Assistant Director,IT Solutions Department M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWORT11 COUNCIL ACTION: Approved on 3/6/2018 REFERENCE ** 04TARRANT COUNTY 9-1-1 DATE: 3/6/2018 NO.: C-28598 LOG NAME: DISTRICT RADIO SOFTWARE MEMORANDUM CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Memorandum of Understanding with the Tarrant County 9-1-1 District for the Provision of Radio Software and Authorize the Acceptance of Software Valued at $520,000.00 for City of Fort Worth Radios (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Memorandum of Understanding with the Tarrant County 9-1-1 District for the provision of radio software; and 2. Authorize the acceptance of software valued at$520,000.00 for City of Fort Worth radios. DISCUSSION: The City of Fort Worth (City) maintains partnerships with neighboring municipalities to provide common radio communications channels that operate over each municipality's radio system. The common channels allow public safety agencies to communicate with one another during multi-agency incidents and events. Under certain circumstances, the use of visiting agencies' radios can have a detrimental effect on the capacity of the host agency's radio system. In 2017, the Tarrant County 9-1-1 District (District) acquired software from Motorola Solutions, Inc., for member cities' public safety radios. This software helps minimize the impact of radios from visiting jurisdictions on a host system. The District has allocated the City software for approximately 3,900 radios. The software is valued at $520,000.00. The software will be applied to City radios by IT Solutions staff during the next scheduled upgrade. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations this donation of software will be administered under the Donations Policy contained within the Financial Management Policy Statements. http://apps.cfwnet.org/council_packet/mc review.asp?ID=25621&councildate=3/6/2018 4/25/2018 M&C Review Page 2 of 2 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account ProjectProgram Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Kevin Gunn (2015) Additional Information Contact: Alan Girton (8484) Ron Burke (2655) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=25621&councildate=3/6/2018 4/25/2018