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HomeMy WebLinkAboutContract 51108 " �g10 11 12q .off a17- ;tip COMMUNICATIONS SYSTEM AGREEMENT OAG Contract 41883818 "`�'°�"'� irJ._ w � os�e��PQV CATEGORY 1 —GOVERNMENT ENTITY o� UNICATIONS SYSTEM AGREEMENT (the "Agreement") is made and entered and between the City of Fort Worth ("Fort Worth" or "CFW") acting herein by and through its duly authorized Assistant City Manager, and the Office of the Attorney General of Texas ("USER"), individually referred to as a "party," collectively referred to herein as the "parties." The CFW 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 chapter 791, Texas Government Code; and WHEREAS, each party, 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 party 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 party 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, Fort Worth and USER agree as follows: 1. GRANT OF LICENSE Fort Worth hereby grants the USER specific permission to operate USER's owned or leased field radio equipment or equipment attached and/or interfaced to the CFW Trunked Voice Radio Systems (the "Radio 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. V% �woeN OFFICIAL RECORD ity of Fort Worth Communications System Agreement Office of the Attorney General of Texas CITY SECRETARY Page 1 of 12 FT.WORTHl TX 2. TERM This Agreement shall begin on January 1, 2018 and shall terminate on August 31, 2019, unless terminated earlier in accordance with the provisions set forth herein and in Exhibit A. 3. EXTENDED TERM The parties may extend the term of the Agreement, by amending the contract in accordance with Section 11, for two (2) additional two-year periods subject to the same terms and conditions. 4. COMPENSATION USER shall remit payment to Fort Worth in an amount not to exceed seven thousand dollars and no cents ($7,000.00) in accordance with Exhibit A of this agreement. 5. LIABILITY Each party agrees to be liable for any damages or loss that may be caused by its own negligence, omission or intentional misconduct, as provided by law. For purposes of this Section 4, the term party shall include employees, directors, officers, agents, authorized representatives, subcontractors, consultants, and volunteers of the respective party. Nothing in the performance 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. 6. NON-APPROPRIATION OF FUNDS The Parties acknowledge and agree that nothing in this Agreement will be interpreted to create a future obligation or liability in excess of the funds currently appropriated to each party. 7. RIGHT TO AUDIT CFW shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all information related to the USER's property, services performed, and charges, such as work papers, reports, books, data, files, software, records, and other supporting documents pertaining to this Agreement, for purposes of inspecting, monitoring, auditing, or evaluating by USER, the State of Texas, or their authorized representatives or designees. CFW shall cooperate with auditors and other authorized USER and State of Texas representatives or designees and shall provide them with prompt access to all of such USER information as requested by USER or the State of Texas. In addition to and without limitation on the foregoing, pursuant to section 2262.154, Texas Government Code,the State Auditor's Office may conduct an audit or investigation of CFW or any other entity or person receiving funds from the State directly under this Agreement or indirectly through a subcontract under this Agreement. The acceptance of funds by CFW or any other entity or person directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, CFW or any other entity or person that is the subject of City of Fort Worth Communications System Agreement Office of the Attorney General of Texas Page 2 of 12 an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. CFW further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. CFW shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through CFW and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents,working papers, and records of CFW related to this Agreement. 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. Any assignment 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. SOVEREIGN, OFFICIAL,AND GOVERNMENTAL POWERS/IMMUNITIES It is understood and agreed that by execution of this Agreement,neither CFW nor USER waives or surrenders any applicable sovereign, official, or governmental powers or immunities as provided in the Texas Constitution,the laws of the State of Texas, or the Eleventh Amendment to the United States Constitution. Nothing in this Agreement should be construed to abrogate any rights, privileges, or affirmative defenses available to the parties under the doctrines of sovereign,official, or governmental immunity. 11. AMENDMENTS 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. 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. 13. CONFIDENTIAL INFORMATION To the extent permitted by law, each party, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it under this Agreement as confidential ("Confidential Information") and shall not disclose any such information to a third party without the prior written approval of the other party,unless such disclosure is required by law or court order, in which event the party subject to the law or court order shall notify the other party in writing of such requirement in sufficient time to allow that party to seek injunctive or other relief to prevent such disclosure. City of Fort Worth Communications System Agreement Office of the Attorney General of Texas Page 3 of 12 Each party shall store and maintain Confidential Information in a secure manner and shall not allow unauthorized users to access, modify, delete, or otherwise corrupt Confidential Information in any way. Each party shall immediately notify the other party if the security or integrity of any Confidential Information has been compromised or is believed to have been compromised. 14. 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 that are the subject of a declaration of a state of disaster or emergency by the federal or state government in accordance with applicable law. 15. 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's agent identified below, (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 Office of the Attorney General of Texas Attn: Susan Alanis, Assistant City Manager Attn: David Maxwell 200 Texas Street 300 West 15th Street, 15th Floor Fort Worth, TX 76102 Austin, Texas 78711 Facsimile: (817) 392-8654 Facsimile: (512) 479-8067 With Copy to the City Attorney at same address 16. GOVERNING LAW/VENUE This Agreement shall be construed in accordance with the laws of the State of Texas,without resort to any otherwise applicable conflict of law rules, requirements, or principles. Venue for any action brought on the basis of this Agreement shall lie exclusively in state courts located in Tarrant County,Texas or Travis County, Texas. 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 granted by proper 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. 18. ENTIRETY OF AGREEMENT This Agreement, including all Exhibits attached hereto, contains the entire understanding and agreement between Fort Worth and USER as to the matters contained herein. No prior or City of Fort Worth Communications System Agreement Office of the Attorney General of Texas Page 4 of 12 contemporaneous oral or written agreements, representations, directives, guidance, assistance, or understandings exist between the parties with respect to the subject matter of this Agreement. Any previously executed Communication System Agreement between the parties still effective as of the date of the beginning of the Term of this Agreement shall be terminated simultaneously with the final execution of this Agreement by both parties. 19. 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. SIGNATURE PAGE FOLLOWS City of Fort Worth Communications System Agreement Office of the Attorney General of Texas Page 5 of 12 CITY OF FORT WORTH: OFFICE OF THE ATTORNEY GENERAL, OF TEXAS: By: _ By: ./�t—Z (/—' Y-,0,_ SusA s David Maxwell A,ssi nI2 anager Director of Law Enforcement Date: Date: _ —f 12 '0 /(- 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. By: Name: Title: A55 577 - r 0/ APPROVED TO FORM AND LEGALITY: APPROVED TO LEGALITY: By: XBy: J . tro Name: Assistant City orney Title: ATTEST: ATTEST: By. ..........�o Mary J. Kaysy e: City Secretary e: Form 1295: TEXPS Contract Authorization: M&C: Date Approved: 3—,;L '7— c>-16/g' OFFICIAL RRCOEO CITY 3eCMARY FT.WORTH,TX City of Fort Worth Communications System Agreement Office of the Attorney General of Texas Page 6 of 12 EXHIBIT 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 USER that are connected to the CFW 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 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 fee 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 http://fortworthtexas.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" ("OTAR") shall mean the management and support of Subscriber Radio encryption keys via over-the-air, radio channel transmission. "OTAR Administration Fee" shall mean the annual 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-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 Communications System Agreement Office of the Attorney General of Texas Page 7 of 12 "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 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 is the holder of the FCC (Federal Communications 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 determine the expected radio coverage level for USER'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 infrastructure, including, 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 unauthorized radios on the Radio System may result in suspended operation of the radios and/or termination of the Agreement. 6. 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 "stubby," antennas is not recommended. USER shall be solely liable for coverage gaps in the event USER utilizes short broad spectrum or stubby antennas or other antennas not approved by the manufacturer for use with the specific models of USER's radios. 7. No antenna gain greater than 3 DB will be allowed for mobiles and consolettes. City of Fort Worth Communications System Agreement Office of the Attorney General of Texas Page 8 of 12 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 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 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 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 CFW shall have the right 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 determination 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 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 allocations required by"Private Call,"USER is not permitted to utilize "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 involving more 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. 14. The use of OTAR in association with Subscriber Radio encryption is prohibited without prior approval of CFW. Administration of encryption keys will be performed exclusively by CFW. 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 City of Fort Worth Communications System Agreement Office of the Attorney General of Texas Page 9 of 12 safeguarding the security of the ASK to prevent theft and/or loss. USER 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 CFW before such use may occur. The CFW reserves the right to require certain Talk Group ID's 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. 17. The CFW has established a coordinated Interoperable 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. Roaming 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 CFW. Roaming to other trunked systems will be limited to the Radio System's interoperable Talk 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 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 a manner 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. 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 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. From 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 USER's subscriber unit aliases. 21. 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, including,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, City of Fort Worth Communications System Agreement Office of the Attorney General of Texas Page 10 of 12 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. APPLICABLE FEES; TERMINATION; REFUNDS 23. USER shall pay the CFW an annual Infrastructure Support Fee in the amount of$34 per month, per Subscriber Radio or console. 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 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 IDs are issued, and thereafter, at the beginning of each CFW fiscal year. 25. USER shalt pay the CFW an annual System Upgrade Agreement Fee equal to the amount invoiced to the CFW by Motorola Solutions, Inc., or its successors and assigns, for the upgrade of the USER's Console Systems and any other component subject to upgrade as a result of the upgrade of the Radio System. 26. CFW shall have the 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 System. Any increase in applicable fees will be effective at the beginning of the next CFW fiscal year. CFW shall provide USER with sixty (60) calendar days' written notice of any intended fee increase, provided, however, that this notice period may be less than sixty (60) calendar days if Motorola Solutions, Inc., or its successors and assigns, provides CFW with less than sixty (60) calendar days' notice of an increase in the System Upgrade Agreement Fee, in which case such reduced notice period shall not impact USER's obligation to pay the increased fee, if USER is provided prior notice of the increased fee and consents to the increase notwithstanding the lack of notice otherwise required under this paragraph. USER may terminate this Agreement if the increase in any applicable fees will result in a liability in excess of the funds appropriated to USER. 27. Either USER or CFW may terminate this Agreement for any reason, with or without cause, upon ninety (90)calendar 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 USER of all fees, except for the System Upgrade Agreement Fee, which is non-refundable, pro-rated to the end of the current fiscal year. 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) calendar 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 City of Fort Worth Communications System Agreement Office of the Attorney General of Texas Page 11 of 12 USER if such action is required to prevent the 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 USER's environment. The CFW will use best efforts to restore access to the USER as soon as possible once 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 employees,directors,officers,agents,authorized representatives, subcontractors, and consultants for USER Subscriber Radio equipment. Furthermore, the USER will be responsible for payment of any fines and penalties levied against the CFW (as the license holder) as a result of USER's 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 CFW, 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 allow the CFW to facilitate such activities on USER'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 shall, upon delivery of Subscriber Radio equipment to the USER's site, pass directly to the owner of the equipment that is being replaced. The USER shall provide the CFW, or its designee, with the Subscriber Radio equipment to be replaced, in good working order, as determined by the CFW or its designee. USER shall be liable for payment of any fees associated with radios deemed to be not in proper working order if the equipment fails to work due to USER's improper use of the radio equipment. USER shall be liable for payment of any fees associated with upgrades to Subscriber Radio equipment if agreed to in writing by USER. City of Fort Worth Communications System Agreement Office of the Attorney General of Texas Page 12 of 12 G S s M&C Review Official CITY COUNCIL AGENDA FO I`�1I COUNCIL ACTION: Approved on 3/27/2018 LOG REFERENCE,* 04TEXAS OFFICE OF THE ATTORNEY DATE: 3/27/2018 C-28640 GENERAL COMM SYSTEM NO.: NAME: AGREEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Communications System Agreement with the Texas Office of the Attorney General 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 Texas Office of the Attorney General 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. The Texas Office of the Attorney General (OAG) has requested access to operate on the City's Public Safety Radio System. The OAG 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 $8,160.00. This contract will be with a governmental entity, state agency or public institution of higher education: (Texas Office of the Attorney General). FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation the Information Technology Solutions Department and the Department of Financial Management Services are responsible for the collection and deposit of funds due to the City. Estimated annual revenue is $8,160.00. IQ Fund I Department I Account I Project I Program I Activity I Budget I Reference# I Amount http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25710&councildate=3/27/2018[4/3/2018 11:32:28 AM] TO y M&C Review 4 ( ID I ID I J ( Year ( (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year I (Chartrield 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_packeVmc_review.asp?II--25710&councildate=3/27/2018[4/3/2018 11:32:28 AM]