HomeMy WebLinkAboutContract 38988 (2)Apr,14 09 04:32p
p.2
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
COMMUNICATIONS SYSTEM AGREEMENT
This COMMUNICATIONS SYSTEM AGREEMENT (uje "Agreement") is made
and entered into by and between the City of Fort Worth ("Fort". Worth" or "CFW") acting
herein by and through its duly authorized Assistant City Man gsr, and Bureau of Engraving
and Printing ("USER"), acting herein by and througk its duly authorized
Sefv;}v 0 (car , individually referred to as a "party," collectively referred to herein
as the "parties." The CFW or Fort Worth shall include all employees, directors, officials, agents,
and authorized representatives, USER shall includ.P all employees, directors; officials, agents,
and authorized representatives.
RECITALS:
WHEREAS, this Agreement is made.under the authority of Sections 791.001-791,029,
Texas Government Code; and
W
HEREAS, each governing body, in per�ormirig _;governmental fiuzetions or in paying
for the performance of gnvem nP•ntal fimetions hereunder, 3)tall Make that pcifvimwiue or those
payments from current revenues legally available to that party; and
WHEREAS, each �overnirig body finds tlaut the subject of this Agreement is necessary
for the benefit of _the public and each has the legal authority to perform and to provide the
governmental function`or service which is the subject matter of this Agreement; and
WHEREAS, each governing body finds that the performance of this Agreement is in the
common interegt 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 licensee of
the CFW Trunked Voice Radio Systems with all privileges and responsibilities thereof.
NOW THEREFORE, Fort Worth and USER agree as follows:
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1. GRANT OF LICENSE
Fort Worth hereby grants the USER specific permission to operate its owned field radio
equipment or equipment attached and/or interfaced to the CFW Trunked Voice Radio Systems
(the "System") infrastructure in accordance with the specific details and requirements for use as
set forth in "Exhibit A, Terms of Use," which is attached hereto, incozporated 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.
2. TERM ,
This Agreement shall upon the last day executed by alI authorized parties an shall continue
in fizll force and effect unless terminated in accordance with the provisions set forth herein.
3. COMPENSATION
USER shall remit payment to Fort Worth in the amount and manner set forth in Exhibit A.
4. LIASIL)<TY
Nothing in the performance of this Agreement shall impose any liability for claims against Fort
Worth or USER other than claims for which.liabilit�may be imppsed by the Texas Tort Claims
Act.
S. INDEPENDENT_. CONTRACTOR
It is expressly understood arzd, agreed that USER shall operate as an independent contractor as
to all rights and privileges granted herein; anal not as agent, representative or employee of the
City. Subject to and in accordance;with the coziditions 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 officers, agents, servants, employees, contractors
and subcontr�etors. USER acknowledges that the doctrine of respondeat superior shall not
apply as between°Ia�e City, its officers, agents, servants and employees, and USER, its officers,
agents, employees, se�tvants, contractors and subcontractors. USER further agrees that nothing
herein shall be construed as .the creation of a partnership or joint enterprise between City and
USER.
6. NON -APPROPRIATION 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, chat party is unable to fulfill its obligations under this
Agreement,. that party (i) shall promptly notify the other party in writing and (ii) may terminate
this Agreement,. effective as of the last day for which suff cient funds have been appropriated.
7. RIGI3T TO AUDIT
Apr 14 09 04:34p p.4
USER agrees that the City shall, until the expiration of three (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 Agreement at no additional cost to the City. USER agrees that the City 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 City shall give USER reasonable advance notice of intended
aWits,
S. ASSIGNMENT
USER shall not have the right to assign or subcontract any of its diYes, obligations or rights
under this Agreement without the prior written consent of the. City. Will'ch such right shall be
granted solely at the discretion of the City.
9. NO WAIVER
The failure of either party to insist upon'flie performance:of any provision or condition of this
Agreement or to exercise any right granted herein shall not:gnstitute a waiver of that party's
right to insist upon appropriate performance or to assert any such" ght on any future occasion.
10. AMENDMENTS
No amendment to this .Agreement shall be binding upon either party hereto unless such
amendment is set forth in writing, and signed by both parties.
11. SEYERABILITY
If any provisionof this Agreement is held by a court of competent jurisdiction to be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall
not in any way be affected or impaired.
12. CONFIDENTIAL INFORMATION
To the extent permitted by law, USER for itself and its officers, agents and employees, agrees
that it shall treat all information provided to it by the City. as confidential and shall not disclose
any such information to a third party without the prior written approval of the City. USER shall
store and maintain City Information in a secure manner and shall not allow unauthorized users to
access, modify, delete or otherwise corrupt City Information in any way. USER shall notify the
City immediately if the security or integrity of an City information has been compromised or is
believed to have been compromised.
Apr 14 09 04:35p p.5
13. FORCE MAJEURE
The parties shall exercise their best efforts to meet their respective duties and obligations
hereunder, but shall not be held liable for any delay in or omission of performance due to force
majeure or other causes beyond their reasonable control, including, but not limited to,
compliance with any state or federal law or regulation, acts of God, acts of omission, fires,
strikes, lockouts, national disasters, wars, riots, material or labor restrictions, transportation
problems or existing contractual obligations directly related to the subject matter of this
Agreement.
14. GOVERNING LAW /VENUE
This Agreement shall be construed in accordance with the laws�of< h State of Texas. Venue for
any action brought on the basis of this Agreement shall lie dxelusiv6lq in state courts located in
Tarrant County, Texas or the United Slates District Court for the Nortlztn 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.
1S. SIGNATi7RE AUTHORITY
The person signing this agreement hereby warrants that he/she hastle legal authority to execute
this agreement on behalf of the respective party, and that such binding authority has been granted
by proper order, resolution, ordinance or other authorizatio o th.e entity. The other party is fully
entitled to rely on this warranty and representation in entering into this Agreement.
16. ENTIRETY OF AGREEMENT
This written instrument, including ala F,xhibits attached hereto, contains the entire understanding
and agreement between Fort Worth and USER as to the matters contained herein. Any prior or
contemporaneous oral or written agreerilent is hereby declared null and void to the extent in
conflict with this Agreement. This Agreement may not be amended unless set forth in writing
and signed by both';pardes.
[Signature Page Follows]
EXECUTED IN MULTIPLE ORIGINALS on this theal� day of ��1 , 20� .
Apr ,14 09 04:06p
CITY OF FORT WORTH:
By:
Karen L. Montgomery
AS515taYit
Date:
ATTEST:
By:
City Secretary
APPROVED TO FORM
AND LEGALITY:
' Maleshia B. Farmer
Assistant City Attorney
Contract Authorization
M&C: � id 3n
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By:
Name: 1G1
Title: _Seri
Date: Ae�
ATTEST:
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Title; Sara 1 �1__sootia 1; s i-
APPROVED. TO LEGALITY:
By:
Name: b Ow IQ: (�yqA aN
Title: p �- ►nay - aduisev/
EXHIBIT A
Apr,14 09 04:37p
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CATEGORY 17 TERIVIS 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:
DEFINITYONS
"In% astruciure Support Fee" shall mean the annual fee charged by CFW to offset any actual
increased costs incurred by the City in the operation and maintenance of the radio systems. The
annual Infrastructure Support Fee is billed per active subscriber radio=*ID, payable in advance on
an annual basis for all active radio IDs issued to USER at tb.6 time of the annual billing.
Invoicing will occur when new Radio IDs are issued on a pro=rat basis, and thereafter, at the
beginning of each CFW fiscal year. There will be no refunds.or cretlits..for radios removed from
service during the year billed.
"Private Call" shall mean a tunked radio system feature that reserves channel resources
specifically for conversations between two subscriber radios:. ,Due to the radio infrastructure
resource allocations required by "Private Call," this feature. °is normally not permitted on the
City's trunked voice radio systems.
"Subscriber Radio" shall mean a control station (desk top rado;mobile radio, or portable
radio, which has a unique identification number and is programmed to operate on the CFW
Trunked Voice Radio System.
"System Affiliation Fee" shall .mean a non -recurring, noel -refundable fee for each new radio
added to the system per -radio identification (ID) number.
"Talk Group" shall mean a specific group of subscriber units allowed to communicate privately
within that group over shared infrastructure resources.
TE12M[S OF SE
1. The installati in, and maintenance of the CFW Trunked Voice Radio Systems infrastructure
equipment is the responsibility of CFW unless otherwise stated in this Agreement.
2. The CFW is the holderof the FCC (Federal Communications Commission) license(s) that the
CFW Trunked Voice Radio Systems uses for its operation. There shall be no interpretation, nor
shall it be construed, that USER of the Trunked Voice Radio Systems infrastructure has any
rights whatsoever to the Radio Frequency spectrum used by the systems.
3. The City 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 jurisdictional portable radio
communications coverage testing to determine the expected radio coverage level.
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fry:
4. USER will be responsible for the acquisition, programming, and maintenance of all
subscriber radios and consoles, as well as any special equipment interfaced to the CFW Trunked
Voice Radio System infrastructure such as ID decoding equipment.
5. In order to ensure hardware and software compatibility with the CFW Trunked Voice Radio
Systems infrastructure, all radios intended for use by. USER on the radio system shall be from
the approved list in "Exhibit A4." The use of unauthorized radios on the system may result in
suspended operation of the radios and/or termination of the Agreement. Due to the nature of use,
CFW shall have the right to modify the list at the City's discretion. USER is not permitted to use
an antenna that is not on the approved list. If USER wishes to add a radio that is not on the
approved list, then USER must first contact the CFW and provide the radio to CFW Radio
Services for testing and evaluation. The CFW reserves the right to remove any previously
approved radio model from the list of approved radios. Written ridtee of such removal shall be
sent to USER. Additionally, the City of Fort Worth has listed approved, f eld radio antenna types
for use on the CFW systems.
6. USER shall use due diligence in the maintenance and configuration of thei .subscriber radio
equipment to ensure that no USER radio causes a degradation Q system operation. The CFW
shall have the right to remove from operation any field radiounit or equipment owned by USER
that is operating on, attached and/or interfaced to the CFW infrastructure, if such equinment is
fULUILl w cause rnierrerence or harm to the system in any way;..The CFW reserves the right to
request that USER operated field radio units or equipment s} orating on, attached and/or
interfaced to the infrastructure be tested for proper operation and/or repaired by an authorized
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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 suspected of causing interference,
intentionally or unintentionally, to any other radios on the systems or the systems operation.
7. The radios owned_ by the USER may be used for voice radio communications over the CFW
trunked voice.radio systems infrastructure for as long as this Agreement remains in effect.
8. The CFW will be responsible for managing infrastructure loading and demand. If, in the sole
opinion of t1ie::CFW, other entities/agencies can be added to the system without adversely
impacting the current system over the life of the system, then the CFW reserves the right to enter
into a similar agreement with other entities, or deny the addition of new subscriber radio
equipment to any user of the system, without notice to other incumbent users
9. Either USER or CFW may terminate this Agreement for any reason, with or without cause,
upon ninety (90) days written notice to the other party. The CFW, in its sole discretion, shall
have the right to deny USER access to the radio infrastructure and/or the right to terminate the
Agreement immediately if USER fails to make full payment of invoiced system fees within thirty
(30) days of the date payment is due. The CFW further reserves the right to terminate this
Agreement immediately, or deny access to the USER, upon notice of USER misuse of the
system.
Apr.14 09 04:40p P•9
V. USER is prohibited from utilizing telephone interconnect on the City's trunked voice radio
systems, connecting to either the PSTN (Public Switched Telephone Network), or its internal
phone system(s), through a console patch into the CFW trunked voice radio system, or to any
subscriber radio on the systems.
11. Due to the radio infrastructure resource allocations required by "Private Call," USER is not
permitted to utilize "Private Call" on the City's trunked voice radio systems.
12. USER is not permitted to utilize any form of data communications on the City's trunked
voice radio systems.
13. USER will be assigned talk group ID's unique to USER opation. No other agency will be
authorized to use USER talk groups without the express written permission of USER, and a
copy of such permission must be on file with the CFW. The CFW rsserves the right to require
certain talk group ID's to be programmed in USER radlas. Additionally 3-he CFW 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.
14. The CFW requires that every radio on the system shall.have the fallowing talk groups:
i. Tarramt 1.
ii. Tarrant 2.
All 5 NPSPAC Mutual Aid Channels.
APPLIC,�PLE )TEES
15. USER shall pay anon -recurring, non-refundable System Affiliation Fee of $600.00 for each
new radio added to the system per radio identification (ID) number. Each radio shall be issued a
unique radio ID by the CFW, and this unique radio ID shall be programmed into one USER
owned radio by a.CFVy approved radio service facility.
16. USER shall pay the City. an Annual. Infrastructure Support Fee in the amount of $24 per
month, per `subscriber radio, payable in advance on an annual basis for all active radio IDs issued
to USER at the tame of the annual billing. Invoicing will occur when new Radio IDs are issued
on a pro-rata Basis, and thereafter, at the beginning of each CFW fiscal year. Further, at the
beginning of each fiscal year of this Agreement, the CFW may increase the Affiliation Fee
and/or the Annual Infrastructure Support Fee to offset any actual increased costs incurred by the
City in the operation anel maintenance of the system. There will be no refunds or credits for
radios removed from service during the fiscal year.
COMPLIANCE W>[TH LAWS
Apr,14 09 04:41p
p.10
17. 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, volunteers, or any individual
operating USER subscriber radio equipment. Furthermore, the USER will be responsible for
payment of any fees and penalties levied against the CFW (as the licensee) as a result of
improper or unlawful use of subscriber radio equipment owned by USER.
I8. In order to comply with Federal, State, and Local Laws and/ or Mandates, the CFW, as the
licensee, may need to act on behalf of the USER regard�irig •possible modifications,
reconfiguration, or exchange of owned subscriber radio equ�piar�ent in order to meet these
obligations. For as long as this agreement is in force, the US�l2 '1;:allow the CFW to facilitate
such activities on USER's behalf as necessary.
19. In the instance where USER subscriber radio equipment is to be repl�c�d in order to be in
compliance with Federal, State, and Local Laws: ap"d/or Mandates, title and` -ownership of such
replacement subscriber radio equipment sha1I pass directly to DER upon delivery of subscriber
radio equipment to the USER's site. The USER shall pre,.de 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. USER shall be 1%able for payzrier� °.;of any fees associated with
upgrades to subscriber radio equipment.
EXHIBIT A-1
Apr -.14 09 04: 42p P. 11
CITY OF FORT WORTII LIST OF APPROVED RADIOS
Portables:
MTS2000 Portable
STX321 (model II) Portable
MTS2000 Portable
XTS250ORB Portable
XTS 1500 Portable
XTS2500 Portable
XTS3000 Portable
XTS5000 Portable
EF Johnson 5100
Mobiles:
Spectra Mobile
XTL5000 Mobile
XTL2500RB bile
ASTRO Spectra Mobile_
MCS2000 Mobile
XTL1500 Mobile
XTL2500 Mobile
XTL5000 Mobile
LCS2000 Mobile
e
Consoiettes•
Spectra Con s.Qlette
XTL5000 Consolette
ASTRO Spectra Consolette
Additionally; the following requirements must also be met:
1) Oiil<7 inch antennas
-will be allowed for portables.
2) Stubby broad spectrtun antennas are prohibited from use for portables.
3) No gain greater than 3 DB will be allowed for mobiles and consolettes.
M&C Review
Page 1 of 2
s`` i?C';3E 5�6: i' ils $.;1{- C.Ety t?°� ��FI"C I�v�<,rti�:; 'i?X:3'..
COUNCIL ACTION: Approved on 6/16/2009
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of a Communications Systems Agreement with the United State
Bureau of Engraving and Printing for Participation in the City of Fort Worth's Two -Way
Public Safety Radio System at No Cost to the City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Communications
Systems Agreement with the United States Bureau of Engraving and Printing for participation in the
City of Fort Worth's two-way public safety radio system in which the United States Bureau of
Engraving and Printing will reimburse their share of operations and maintenance to ensure no cost tc
the City of Fort Worth and for Fiscal Year 2009 the reimbursement is estimated to be approximately
$1,700.00.
DISCUSSION:
The City of Fort Worth (City) has maintained agreements to provide access to its two-way radio
system by other public safety agencies in Tarrant and Denton counties. In return for this access,
external agencies help offset the City's expenses through the payment of annual fees.
The federally -mandated 800 MHz Public Safety Radio Rebanding Project (M&C C-22865 approved
June 17, 2008) (Rebanding Project) has resulted in changes in the radio system infrastructure which
require updates to the Communications Systems Agreements with external agencies.
This Communications Systems Agreement grants the United States Bureau of Engraving and Printing
(US Mint) specific permission to operate its field radio equipment on the Fort Worth Radio System
under the new frequencies assigned through the Rebanding Project.
The Communication Systems Agreement specifies that the US Mint shall pay anon -recurring, non-
refundable System Affiliation fee of $600.00 for each new radio added to the system and an Annual
Infrastructure Support Fee in the amount of $24.00 per month per radio. The Agreement allows Fort
Worth to adjust the annual infrastructure maintenance fee based on the City's cost.
The US Mint is responsible for the procurement and maintenance of its radio field equipment. The
equipment includes mobile radios, portable radios, consoles and consolettes.
Upon replacement of all radios provided by the Rebanding Project, title and ownership shall pass
directly to the US Mint. The US Mint will be responsible for all ongoing expenses associated with this
radio equipment.
Approved expenses associated with the Rebanding Project are paid by Sprint/Nextel.
http://apps.cfwnet.org/council packet/mc review.asp?ID=11867&councildate=6/16/2009 6/17/2009
M&C Review
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that IT Solutions Department is responsible fo
the collection and deposit of funds due to the City.
TO Fund/Account/Centers
P168 475700 0046020 1 700.00
Submitted for City Manager's Office bk
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
Karen Montgomery (6222)
Peter Anderson (8781)
Steve Streiffert (2221)
http://apps.cfwnet.org/council packet/mc review.asp?ID=11867&councildate=6/16/2009 6/17/2009