HomeMy WebLinkAboutContract 45323 XY SECWW,
COWRACT
COMMUNICATIONS SYSTEM AGREEMENT
CATEGORY I — GOVERNMENT ENTITY
This COMMUNICATIONS SYSTEM AGREEMENT (the"Agreement") is made and
entered into by and between the City of Fort Worth "Fort Worth or 1CFW1' acting herein
by and through its duly authorized Assistant City Manager, and City of Crowley ("USER"),
acting heroin by and through its duly authorized Robert Loftin, City Manager individually referred
to as a "party, 1 collectively referr ed to herein as the "parties." The C W or port, Worth shall
include all employees, directors, officers,, a ent , and authorized representatives. USER shall
include all employees, directors, o�ffioers, agents, and authorized representatives.
RECITALS
WHEREAS, this Agreement is made under the authority of Sections 791-001-7'91.029,
Texas, Government Code; and
WHEREAS, each governing body, in perfon-ni g governmental functions,or in paying for
the performance of governmental functions hereunder, shall make that porforrnanoo or those
payments from current revenues legally available to that party and
WHEREAS, each governing body finds that the subject of this Agreement is necessary for
the bene�fit 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
co�nmon interest of both panties and that the division of costs fairly compensates the perfon-n ng
party for the services or functions under this, Agreement and
WHEREAS, Fort worth owns, operates, and maintains Trunked Voice Rad.lo Systems for
the purpose of providin. Public Safety voli ce 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
L. GRANT of LICENSE
Fort Werth hereby grants the USER specific permission to operate USER"s owned or leased field
radio equipment or equipment attached and/or interfaced to the CFA Trun.ed Voice Radio
Systems (the "Radio System") infrastructure in accordance with the specific details, and
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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 detail s and requirements may result in the immediate withdrawal of the specified
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permissions.
CC OFFICIAL RECORD
City of Fort Worth Coinmunications System Agreement CITY SECRETARY
City of Crowley In, WORTH,TX
Page I of I I
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2. TERM
This Agreement shall begin upon the last day executed by all authorized parties and shall continue
in full force and effect unless, ten-ninated in accordance with the provisions set forth herein and in
Ex hib 1*t A.
3. COMPENSATION
USER shall remit payment to Fort Worth in the amount and manner set forth in Exhibit A.
40 LIABILITY
Each party agrees to be liable for any damages or loss that may be caused by its own negligence,
omission or intentional misconduct. For purposes of this Section 4, the to 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.
5. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that USER shall operate as an independent contractor as to
all rights and privileges granted herein,, and not as agent,representative or employee of the CFW.,
Subject to and in accordance with the conditions and provisions of this Agreement, USE 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, authorized
representatives, subcontractors, and consultants., USER acknowledges 'that the doctrine of
respondent superio,r shall not apply as between the CF W, its employees, directors, officers,
agents, and authorized representatives, and USER and its employees, directors, officers, agents,
authorized representatives, subcontractors, and consultants. USER further agrees that nothing
herein shall be construed as the creation of a partnership or joint enterprise between CFW 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, that 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 sufficient funds have been appropriated.
7. RIGHT TO AUDIT
USER agrees,that the CFW shall at no additional cost to the CF W,during,and 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
City of Fort Worth Communications System Agreement
Cit, of Crowley
Page 2 of I I
-1 . A,
of the USER inv ng olvi transactions relating to t1iis Agreement. USER agrees,that the CF W 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 CFW shall give USER reasonable advance notice of intended audits.
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. Which such right shall be
granted solely at the discretion of the CF W. 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, and future occasion.
1 . GOVERNMENTAL POWERS/'IMMUNITIES
It is understood and agreed that by execution of this Agreement., the neither CF'W nor USER
waives, or surrender any of its governmental powers, or immunities.
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. SEVERABIL,ITY
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 remain,ing provisions shall not in
any way be affected or impaired.
13. CONFIDENTIAL INFORMATION
To the extent permitted y law, USER for itself and its officers, agents and employees, agrees that
it shall treat all information provided to it by the CF W as confidential ("City Infori-nation") and
shall not disclose any such information to a third party without the prior written approval of the
CFA", unless such disclosure is required by law,rule,regulation,court order,in which event.USER
shall notify CF W in writing of such requirement rement in sufficient time to allow CFW to seek injunctive
or other relief to prevent such disclosure. USER shall store and maintain City Infori-nation in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise
corrupt City Infori-nation in any way. USED shall notify the CF W immediately if the security or
integrity of any City Information has been compromised or is believed to have been compromised.,
City of Fort Worth Communications System Agreement
City of Crowley
Page 3 of 11
1 . FORCE AEURE
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 perfor-nance due to force
male ure or ether causes beyond their reasonable ccntro 1, 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 restrictio ns, transportation problerns, existing
contractual obligations directly related to the subject matter ►f'this Agreement, or declaration of a
state of disaster or emergency by the federal, state, county, or City 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 band delivered to the other party, its agents, e iprloyees servants
or representatives, 2 delivered by facsimile wit h 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 City of Crowley
Attn: Susan Alanis, Assistant City Manager Attn: Robert Loftin, City Manager
1000 Throckmorton 2011 East lain Street
Fort Worth TX 76102-6311 Crowley, Texas 76,0136
Facsimile.- 17 392-8654 Facsimile 1 297-617'8
With Cody to the Cite Attorney
At same address
1 , GOVERNING LAW VENUE
'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 Agreement shall lie exclusively in state courts located in
"arrant County, Texas or the United States District Court for the Northern District of Texas port
"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.
7. SIGNATURE AUTHOR11 14Y
The person signing this Agreement hereby warrants that lie/sloe 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 ENT T Y OF AGREEMENT
City offort Worth "omm ur,ieatiom Systems Agreement
City of Crowley
Page 4 of I
This written instrument, including all Exhibits 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 agreement is hereby declared null and void to the extent in
conflict with this Agreement.
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.
EXECUTED IN MULTIPLE ORIGINALS on this the day of 20
6,
CITY OF'FORT WORTH. CITY OF CROWLEY:
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By:
Byp
Sus .lams kobert 1-,o in.
0, ssis t City Manager City Manager
Date: _ ry
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By:
TRMC CMC
Mary er rp" el a','W ffi,, k e
City Secretary "Oty S Wy
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41 A
VED TO LEGALITY.
APPROVED TO FORM
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Asl4slant Cl ttomev, Rob Ahibdn Oter Attorney
Contract Authorization*
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Date Approved: _L!1-4 — So
0 OFFICIAL RECORD
City of Fort Worth Conu-nuni cations Sys(ern Agreement CITY SECRETARY
City of Crowley
Page 5 of I I no WORTHo TX
EXHIBIT' A
CATEGORY I. TERMS OF USE
The following definitions shall have the meanings set forth below and apply to this Agreement and
the Terrns 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 cotinected to the CFW Master Switch.
40
"Intern perable 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 often 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'memhers 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 webs to at littt)*./'/fortworthtexas. ,),,ov/'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" ("OTAR11) shall mean the management and support of Subscriber
Radio encryption keys via over-the-air', radio channel transmission.
11OTAR 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 ►TAR functions.
"Over the Air Programming" (11OTAP11) 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
bet, veen two Subscriber Radios.
City of Foil Worth Communications System Agreement
City of C I rowley
Page 6 of 11
.. ........
'Nite 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 Cl W 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 can a radio that has a unique identification number and is
programmed to operate on the Radio System. The to shall include, but not be limited to, control
stations (desk top radios), mobile radios, and portable radios.
"Talk Group"i shall can a specific group of Subscriber Radios allowed to communicate privately
within that group over shared infrastructure resources.
,TERMS OF USE
L The installation and maintenance of the Radio System infrastructure equipment is the
responsibility of CF W unless otherwise stated in this Agreement.
2. The CFW is the bolder 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 C. 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 loicatioln. 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 coi-mection 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 ten-nination 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 s,pecific,models of USER's radios,.
City of Foil W rth Commurkations Systetra Agreement
City of Crowley
Page 7 of ii.
7. No antenna gain greater than 3 DB will be allowed for mobiles and co:nsolettes.
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 ftom operation any field radio unit or
equipment owned or leased by USER that is operating on, attached and/or interfaced to the CFW
infrast ructure, 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 o eration 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 to 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 CF W's determination of whether such addition to the Radio System can be made without
adversely impacting,the Radio! System.
1,1. 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. SER's utilization of data communications on the Radio System will be limited to the Radio
System's OTAP functions. Perfomiance 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.
City of Foil WojIh Conuuuni cations System Agreement
City of Crowley
Page 8 of I I
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
safeguarding the security of the ASK to prevent theft and/or loss. USER agrees to notify CF'W
immediately upon the theft or loss of the ASK.
16. CFW will assignthe USER Talk Group lDs 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 nurnber 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 CF'W
and the users ofits, Rad,io 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 interople�rable 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 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. USB1 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 m anu facturer-tested levels. No other software applications
may be utilized by the NMC.
20. CFW generally maintains a1lases for units, operating on the Radio System. If theUSER 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.
USB Ports on the USER's Consolle Systems 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. If required, all connectivity between the Console
Systerns 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
City of Fort worth,comniunications System Agreement
City of Crowley
Page 9 of I I
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 so�ftware upgrades, including
those owned (or leased) and operated by the USER. 'Unless the USER is notified otherwise by
C'F:W, 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 fo�r the upgrade of its Console Systems., USER acknowledges that
reductions in functionality may occur during,the upgrade process.
- TERMINATION- REFUNDS
APPLICABLE FEES. 15
23. USER shall pay the CFW an annual Infrastructure Support Fee in the amount of $24 per
mointh, pier 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 amival billing. Invoicing will occur on a pro-
rata basis when new Radio lDs are issued, and tber�eaftler, at the beginning olf'each CFW fiscal
year. There will be no refunds or credits, for radios remolvea! 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 shall pay the CFW an annual. System Upgrade Agreement Fee equal. to the amount
invoiced to the CFW by Motorola Solutions, Inc., or its successors, 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. CF"W shall have the!right to increase any applicable fees under this Agreement each fiscal year
to offset any increased costs incurred by CF'W 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 60 days' written notice of any i,ntended fee increasel
providied,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 period shall not impact USER's obligation to pay the increased fee.
27. 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. If USER ten-ninates, 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 t I he right to terminate the Agreement immediately if USER,
falls to make full payment of involiced system fees within thirty (30) days of the date payment is
due, The CFW further reserves the right to tenninate this Agreement immediately, or,deny access
City of Fort Worth,Conu-nurkations System Agreement
City,of Crowley
Page 10 of I I
to the USER, upon notice,of SER 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 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
US ER's envirotiment. 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
2 . The USER shall comply with all current and future Federal, State,and Local lames, Ordinances,
and Mandates,, including Federal Communications Commission rules and regulations regarding
proper use of radio communications equipment. Tb I SER will also comply with the guid lines,,
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 improper or unlawful use of Subscriber Radio equipment owned or leased by
USER.
9. In order to comply with Federal, State, and vocal, Laws and or Mandates, the CFA", 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 behalf as necessary.
30. In the instance where USER Subscriber Radio equipme nt is to be replaced in order to be in
compliance with Federal, State, and .focal Laws and/or Mandates, title and ownership of such
replacement Subscriber Radio equipment shall, upon delivery of Subscriber Radio equip me nt 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 deerned to be not in proper working order. USER shall be liable
for payment of any fees associated with upgrades to Subscriber Radio, equipment.
[End of Document]
City of Fort Worth Communications System Agreement
City of Crowley
Page 11,of 11,
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REFERENCE 04CROWLEY
DATE: 1/14/2014 No.: C-266421 LOG WANT: COMMUNICATIONS SYSTEM
AGTETENT
CODE: C. T "'PE,: NON- PUBLIC No
C O,N Sl E N��T HEARING,
SUBJECT: Authorize Execution of a Communications syrstern Agreement with the City of Crowley for
P'ar'ticipation in the City of Fort Worth's Two-Way Public Safety Radio System at No Cost to
the City of Fort Worthy (ALL COUNCIL DISTRICTS)
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RECOMMENDATION:
It is relcommendeld that the C,it,y Council authorize the execution of a Communications System
Agreement with the City of Crowley for participation in the City of Fort Worth's Tw o- 1ay P"ubilic Safety
Radio system.. The City of Crowley will reimburse its share olf'operations and maintenance to ensure
no, cost to the, City of Tort Forth with annua�l reimbursement estimated to be approximately in the
amoulnt of$55,5184.001. In addition .the City of Crowley will reimburse!the City of Fort Worth for its
share of the Software Upgrade Agreement.
DISCUSSION:
The City of Fort Worth (City) maintains Agreements to provide access to its two-way radio systems by
other pulblic safety agencies in Tarrant, and Johnson collunties. 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 en�hancels t'he�, ability of
emergency responders to communicate with one another when responding to incidents.
In Decem�ber 2013, the City of Crowley (Crowley) approved a Communications system Agreement to
operate on the City's new digital Public safety Radio system. Crowley will provide its own radios and
dispatch center, but will utilize the City's radio infrastructure for its publlic safety
corrimunications. Crowley currently utillizes the City's legacy radio system, and is scheduled to
transition to the new system in April 201 4. Because the new system operates under different,
technical standards, a new AgIreemenit is reg�uire�d.
To ensure the software levels of the radio systems remain current and under support, the City will
utilize a Motorola Software Upgrade Agreement that encompasses all external agencies that maintain
dispatch consoles. The use of'a sing�lel Software Agreement to cover all users will result�, in a 'g.1
percent,discount in the cost for all agencies, including the City. The Communications System,
Agreement with Crowley allows the City to invoice Crowley for its share, of the Motorola Software
Upgrade Agreement, as w elllll as Crowley's annual subscriber fee which is estimated to be
approximately in the amount of$5151,584.00 annually.
FISCAL INFO'RMATION/CEF TIIFICATION:
The Financial Management services Director certifies that the Information Techno!ogy Solutions
Department is responsible for the collection and deposit of funds duel to the City.
To Fund/Account/Centers FROM Fund/Account/Centers,
P168 475700 010460201 $55,584.00
httpu:Happsucfwnet.orglcouncil—placket/mc—review.asp 1L 19 3 81&Couunc ldate-1/14/2,014 1121/2014
-M&C Review ie Page 2 off. 2
Burg*Ite for-City C Office Susan Alanis (8180)
Orig"nating Department Head: Peter Anderson (8781)
Additional Information Contact,- Alan Girton (8484)
Steve Sreiffer (2221)
ATTACHMENTS
h :H s. f .e . /'co c _ � w.asp??f D=�193 81 count a e=1 14/2 0 1/2014