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HomeMy WebLinkAboutContract 39791 (2)_ ; 3 INTERLOCAL AGREEMENT FOR REGIONAL INTEROPERABLE COMMUNICATIONS THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: This INTERLOCAL AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF FORT WORTH, TEXAS, hereinafter referred to as "CITY" or "Fort Worth" acting by and through its duly authorized Assistant City Manager, and the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG" acting by and through its duly authorized Executive Director, each referred to separately as a "party" and collectively as the "parties." RECITALS: WHEREAS, aninter-agency radio communications capability is important to the safety of the citizens of the North Central Texas region, including citizens residing in Fort Worth, and to the safety of public safety personnel who serve these citizens by protecting them and their property; and WHEREAS, each Public Safety Agency (hereinafter referred to as "Agency") in the NCTCOG region desires to improve the quality, timeliness, simplicity, and overall effectiveness of inter -agency communications during daily interagency and mutual aid operations; and WHEREAS, each Agency relies on the others to assist it in times when local public safety and government assets may be overwhelmed by natural or man-made catastrophe; and WHEREAS, the State of Texas has requested NCTCOG to assist local agencies in iating a standards -based radio interoperable communications system that will provide effective communications among public safety agencies' personnel; and WHERAS, NCTCOG will receive a grant from the U.S. Department of Commerce through the Department of Homeland Security and the Texas Division of Emergency Management to pay for services and equipment to be used for standards -based interoperability; and WHEREAS, NCTCOG is requesting by this Inter -local Agreement, that Fort Worth pledge and provide the site for communications equipment that will be used for interoperability; and ._ ..i OFFICIAL RECG'PU CITY SECRETARY T. WORTH, Tt City of Fort Worth_NCTCOG Interlocal Agreement Page 1 of 7 WHEREAS, this Interlocal Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code which authorizes CITY and NCTCOG to enter into this agreement for the purpose of performing governmental functions; and WHEREAS, the governing bodies of CITY and NCTCOG find that the performance of this contract is in the common interest of both parties. NOW THEREFORE, IN CONSIDERATION of the mutual promises and agreements contained herein, the parties do hereby agrees as follows: I. PURPOSE The purpose of this Interlocal Agreement is to establish an arrangement for the use of a Fort Worth Radio Communications Site located at Burnett Plaza, 801 Cherry St., Ft. Worth, TX 76102 (hereinafter referred to as the "Site") for the Regional 700 MHz Interoperable Communications Overlay System. The purpose of use of this Site will be to install equipment to help implement an effective Region -wide Interoperable Command and Control Communications System (hereinafter referred to as the "equipment") for use by local, state, and federal public safety agencies in times of major emergencies or other agreed upon occurrences. II. CITY'S RESPONSIBILITY 1. Designate a Project Manager who will coordinate with NCTCOG's principal project manager and consultant. 2. Review and approve all guidelines and requirements set forth by the North Central Texas Council of Governments' Consultant, RCC Communications (hereinafter referred to as "Consultant"), for equipment to be procured and placed at the Burnett Plaza site. 3. Allow access to the Site to authorized parties, including but not limited to, equipment providers, Consultant, designated NCTCOG personnel, and others as may be necessary and required to assure timely installation and check-out of equipment (collectively referred to as "authorized persons"). City Project Manager will provide approval to authorized persons to access the site; and, to extent reasonably permitted by the City's license agreement with Burnett Plaza (City Secretary Contract No. 19032, as amended by CSC Nos. 28009 and 34340 and any subsequent amendments, collectively referred to as the "license agreement"), provide a safe and secure environment in which to work. 4. Upon transfer of title of the equipment, provide a secure site for the protection of installed equipment, and provide inventory of all equipment purchased with PSIC grant funds. 5. Report to NCTCOG at the earliest possible time any destruction or theft of equipment purchased with Public Safety Interoperable Communications grant funds, and take steps to investigate the circumstances of theft, and safeguard the equipment in the future. City of Fort Worth NCTCOG Interlocal Agreement Page 2 of 7 NCTCOG RESPONSIBILITY 1. Provide for review and approval of a Technical Services document provided by NCTCOG'3 consultant that will specify all equipment and services that will be performed at the Burnett Plaza Site. 2. Upon CITY's approval of the vendor's equipment and services proposal, and approval from the State of Texas, procure communications equipment dedicated to Interoperable Communications, in a timely manner, based upon the approved vendor's documents. 3. Purchase equipment following all rules established in the grant requirements as set forth in the GDEM Sub -Recipient Agreement signed by the North Central Texas Council of Governments (Sub -recipient agreement is attached as a separate document) and in accordance with applicable state law. 4. Report to the Texas Governor's Division of Emergency Management as required and according to the program requirements and accounting standards and rules set forth by the funding agency. 5. Provide for review and approval by the State of Texas of all costs and services for installation and procurement of said communications equipment and services PRIOR to the purchase of any equipment to ensure that all requirements for funding have been met. 5. Maintain communications with CITY's designated Project Manager to keep the person fully informed of the projects' progress throughout the duration of the grant and implementation period, which begins upon signing of this agreement and ends June 30, 2010. 7. Cause examination of installation and operation of CITY's equipment during and after installation to assure proper operation of equipment, and report findings of the examination to CITY'S Project Manager, 8. Provide a complete documented transfer of all rights, title and interest in the installed equipment to CITY in accordance with the grant requirements established in the Sub" recipient agreement between the North Central Texas Council of Governments and the Governor's Division of Emergency Management. 9. Report to the Texas Governor's Division of Emergency Management as required and according to the program requirements and accounting standards and rules set forth by one or all. 10. Apply for and complete all necessary forms to allow for operation of equipment, including any and all necessary applications for use and/or licenses to or from the Federal Communications Commission. IV. COMPENSATION Each party paying for the performance of government functions or services under this Agreement must make those payments from current revenues available to the paying party. The City shall not incur any expense for the purchase of the equipment pursuant to this Agreement. Funding for the equipment and installation services at this Site will be provided by NCTCOG through the Public Safety Interoperable Communications Grant Program (hereinafter referred to City of Fort Worth_NCTCOG Imerlocal Agreement Page 3 of 7 as "PSIC") from the United States Department of Commerce. The City shall be liable for the costs for maintenance and support for the equipment. V. TERM /TERMINATION This Agreement shall become effective upon the last date signed by both parties and expire on June 30, 2010. Either party may terminate this Agreement at any time, with or without cause, by providing thirty (30) days written notice to the other party. Such notice shall be given to the other party at the address set forth under its signature below. In the event NCTCOG is unable to obtain sufficient funding or is otherwise unable to secure the equipment, CITY may terminate this Agreement immediately without any further obligation or penalty to CITY. VI. IMMUNITY It is expressly understood and agreed that in the execution of this Agreement, no party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. VII. LIABILITY Each party agrees to be liable for any damages or loss that may be caused by its own negligence, omission or intentional misconduct. The term party shall include employees, officers, agents, subcontractors, consultants, representatives, 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. VIII. SUCCESSORS AND ASSIGNS Neither CITY nor NCTCOG will assign, sublet, subcontract or transfer any interest in this Agreement without the written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of the other party. City of Fort Worth_NCTCOG Intertoca( Agreement Page 4 of 7 IX. FORCE MAJEURE The parties shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. X. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. XI. SEVERABILITY If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. APPLICABLE LAW /VENUE This Agreement is entered into subject to the Interlocal Cooperation Act, the governing charters and or ordinances of CITY and NCTCOG, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable Texas and Federal law. The parties agree and covenant that this Agreement will be enforceable in Fort Worth, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas. City of Fort Worth NCTCOG Interlocal Agreement Page 5 of 7 XIII. ENTIRE AGREEMENT This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. XIV. AUTHORIZATION The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions or actions extending such authority have been duly passed and are now in full force and effect. XV. RELATIONSHIP OF THE PARTIES It is expressly understood that the employees, methods, facilities and equipment of the CITY shall at all times be under its exclusive jurisdiction, direction and control. It is understood that the employees, methods, facilities, and equipment of the NCTCOG shall at all times be under its exclusive jurisdiction, direction and control. [Remainder Intentionally Left Blanlc Signature Page Follows] City of Fort Worth NCTCOG Interlocal Agreement Page 6 of 7 IQ EXECUTED on this the ��� day of , 20"9 CITY OF FORT WORTH: By: Karen L. Montgomery Assistant City Manager 1000 Throckmorton Street Fort Worth, Texas 76102 Date: a- ! (-® APPROVED AS TO FORM AND LEGALITY: IC Maleshia B�Farmer Assistant City Attorney NORTH CENTRAL TEXAS COUNCIL OF By: Executive Director 616 Six Flags Drive Arlington, Texas 76011 l APPROVED AS TO FORM: By: Name: Title: City of Fort Worth_NCTCOG Interlocal Agreement Page 7 of 7 ATTEST: B 11 Y• Marty Hendrix City Secretary CONTRACT AUTHORIZATION M&c: � )LND:ly Date Approved. ;44? ATTEST: By: Name: Title: OFFICIAL RE -RD CITY SECRi ARY T. WORTH, r M&C Review Official site of the City of Fort Worth, Texas Cilty Councill Agenda1 ' COUNCIL ACTION: Approved on 1/26/2010 DATE: 1/26/2010 REFERENCE NO.: **C-24028 LOG NAME: 04REGIONAL INTEROPERABLE COMMUNICATIONS CODE: C TYPE. CONSENTPUBLIC HEARING: NO SUBJECT: Authorize the Execution of an Interlocal Agreement for Regional Interoperable Communications with the North Central Texas Council of Governments to Allow the City of Fort Worth to Participate in a Regional P25 Trunked Overlay Radio System at No Cost to the City RECOMMENDATION: It is recommended that City Council authorize the City Manager to execute an Interlocal Agreement for Regional Interoperable Communications with the North Central Texas Council of Governments to allow the City of Fort Worth to participate in a Regional P25 Trunked Overlay Radio System at no cost to the City and receive four base station repeaters funded by a Public Safety Interoperable Communications Grant. DISCUSSION• Today when public safety first responders in the North Texas Region cross jurisdictional boundaries in their duties in many cases they either lose radio communications or have to go through a manual process to change radio systems/frequencies to maintain necessary communications with their own organizations or others. The North Central Texas Council of Governments (NCTCOG) is assisting local agencies in initiating a standards -based interoperable radio communications system that will provide effective communications among public safety agencies' personnel operating within a four county region (Tarrant County, Dallas County, Collin County and Denton County). The NCTCOG is receiving a grant from the United States Department of Commerce through the Department of Homeland Security and the Texas Division of Emergency Management to pay for services and equipment to be used for standards -based interoperability. The NCTCOG is requesting that the City of Fort Worth provide one of four sites for the region's radio base station repeaters. The system uses P25 standards based technology, which will make it possible for Public Safety personnel from other cities, other states or even Federal agencies to communicate with each other utilizing their own P25 radios when responding to jurisdictional incidents incidents in this region, saving time and possibly lives. The P25 standard will be the basis for the next generation Fort Worth Radio System. As such the next generation system will interoperate with this four county regional system providing a seamless communications capability for the City's public safety personnel. This Interlocal Agreement will allow NCTCOG to locate four base station repeaters on the City's leased Burnett Plaza radio site, which will be networked to similar sites located in Dallas County, Denton County and Collin County allowing P25 radios in one agency to communicate with one another or with other agencies throughout the four county area. Through console patching, non P25 radios could communicate from their home area of operation with radios or Dispatch Center in another county. Ultimately, the system can be expanded to allow other similar systems to network together making radio communications possible across the state or even further. This Interlocal Agreement will allow title of ownership of the base station repeaters to be transferred to the City. FISCAL INFORMATION/CERTIFICATION: http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12978&councildate=l/26/2010 (1 of 2) [1/27/2010 8:33:29 AM] M&C Review13 The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Karen Montgomery (6222I Peter Anderson (8781) Steve Streiffert (2221) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12978&councildate=l/26/2010 (2 of 2) [i/27/2010 8:33:29 AM]