HomeMy WebLinkAboutContract 52963 A,
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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