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HomeMy WebLinkAboutContract 45346 CITY CONTRACT NO, COMMUNICATIONS SYSTEM AGREEMENT CATEGORY . —GOVERNMENT ENTITY This COMMUNICATIONS, SYSTEM AGREEMENT (the "Agreenient") is made and entered into by and between the City o f Fort Worth " r Worth" or CFW" actin herein by, and through its duly authorized Assistant City Manager, and CILY of Forest H �ll ("USER"'), acting herein by and -through its duly authorized Cit y Manager, individually referred to as a "party," collectively referred to herein a s the "parties." The CFW or Fort Worth shall include all employees, directors, officers, agents, and authorized representatives. USER shall 0 include all employees, directors, c ff ccrs, agents, and authorized representatives. RECITALS WHEREAS, this Agreement is made under the authority of Sections 79 . -79 . 29, Texas Government Code; and, WHEREAS, each + crnn g h y, in governmental functions or in pain, for the performance of governmental functions hereunder, shall make that performance rmance r those payments from current,revenues legally available t that party; and WHEREAS, each governing, body finds that the subject of this Agreement is necessary for the benefit of the public and each ha s the legal authority to perform and to provide the governmental function, or servi �r me ce, which is the subject matter of this Agreement; and WHEREAS, each governing body finds that the performance of this Agreement is in the common nterest 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, per�atcs, and maintains Trunked Voice Radio Systems for 'the purpose of providing Public Safety voice radio communications and is the sole! licensee holder of the CFW Tru ked Voice Radio Systems with all privileges and responsibilities thereof. NOW THEREFORE, fort Worth anal .USER agree as follows 11 GRANT OF LICENSE Fort Worth hereby grants the USER specific permission to operate USE R's is owned or leased held radio equipment or equipment attached and/or interfaced to the CFW Trunked Voice Radio Systems the ` a icl System" infrastructure in accordance with the specific details and requirements for use as set forth n Exhibit A Trams of ' se which is attached hereto, incorporated h.crcln, and made a part of this Agreement for all purposes. Fa lure to comply with these specific dcta ls and requirements may result in the immediate withdrawal of the specified Katy of Foal Worth CMxununcati+ as stem Agreement 01:rICIAL itFCORD' ri: IrCIAL""CORD Ty a City of Forest Hill Cilry SEcWtETAVRy Page I of'I I TH TX WORT]H% "s RECEIVU TERM This Agreement shall begin -upon the last day executed by all authorized parties and shall continue in hill force and effect unless terminated in accordance with the provisions set, forth herein and in Exhibit A. 3. COMPEN'SATION USER shall rem it aynient to Fort Worth in the am.ount and mariner set forth in Exhibit A. p 4. CIA BILITS` Each party agreesto, 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 term party shall include employees, directors, officers, agents,, authorized representatives, subcontractors, consultants, and volunteers, of the respective party. Nothing, in the performance of this Agreement shall impose any liability for claims against either party other than for claims for which the Texas Tort Claims Act may impose liability. 5. INDEPENDENT CONTRACTOR It is expressly understood and agreed that USER shall operate as an independent contractor as 6 to all rights and privileges granted herein, and not as agent, representative or employee of the CFW- Subject to and i,n 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, authorized representatives, subcontractors, and consultants. USER acknowledges that the doctrine of respondeat sul)lerior shall not apply as between the CFW, 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 C:FW and USER. 6* NON-APPROPRIATION' OF FUNDS Fort Worth and USE 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 ►arty's governing body, and as a result, that party is unable to fulfill its obligations under this Agreement, that party (1) 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 AtJDIT' USER agrees that the CF W shall, at no additional cost to the CFW, 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 City of Fort Woilh Communications Systein Agreement City of Forest Hill Page 2 of I I communications of the USE involving, transact* ions 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 work space in order to conduct audits in compliance with the provisions of this section. The C.F'W 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 CFW. Any assignment in violation of this provision shall be void. 9. NO WAIVER 'The failure of either party to insist upon the performance of any provision or condition of this 1 . Agreement or to exercise any right granted herein shall not constitute a waiver of that p:arty's, right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNMENTAL POWERSAMMUNITIES It is understood and agreed that by execution of this Agreement, the neither CFW nor USER waives or surrender any of its governmental powers or immunities. I I- 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 this Agreement, and signed by both,parties. 12. SEVERAB11,1TY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall 0 not -in any way be affected or impaire-1.1., 13. CONFIDENTIAL INFORMATION To the extent pen,-nitted 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 infori-nation to a third party without the prior written approval of the CFW, unless such disclosure is required by law, rule, regulation, court order, in which event USER shall noitify CFW in writing of such requirement rement in sufficient time to allow CFW to seek, in'unctive or other relief to prevent such disclosure. USER shall store and maintain City J Information in a secure manner and shall not allow unauthorized users to access, 1noally, delete or otherwise corrupt City Information in any way. USER shall notMy the CFW immediately if City of Foil Wotlh Cornmu nicat ions Systeni Agreement City of Forest Hill Rage 3 of 11 the security or integrity of any City Inforrmation has been compromised or is believed to have 'been conipromised. 0, MAJEURE The parties shall exercise their best efforts to meet their respective duties and obligations hereunder, but shall not be field, liable for any delay in or omission ot perfo�n-nance 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, nots, material or labor restrictions, transportation problems, existing contractual obligations directly related to the subject matter of this Agreement, or declaration of a state ofolisaster or emergency by the federal, state, county, or City government in accordance with applicabl,e law., 15. INOTICES, Notices requ,ired pursuant, to the pro�visions of this Agreement shall be conclusively determined to have been delivered when (I) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by Eacsimfle with electronic confin-nation of the transmission, or (3) received by the ot'herparty by United States, Mad, registered, return receipt requested, addressed as follows.: City of Fort Worth City Forest Hill, Attn: Susan Alams, Assistant City Manager Attn-. Sheyi 1paye, City Manager 1000 Throckmorton 3219E. California,Parkway Fort Worth TX 76102-63 11 Forest Hill, r 1_,X) '76 119 Facsimile.- (817) 392-8654 Facsimile., (81,7) 568-30149 i With.Copy to the City Attorney At same address %. 'GOVERNING LAW/VENUE This Agree,nient 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 Ile exclusively in state courts located i'n Tarrant County,, Texas or the United States District Court for the Northern 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. V. SIGNATURE AU111ORITY this The persons,ign,in,g thi,s, Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of his or her respective party,, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled, to rely on this warranty and representation in entering into this Agreement. City of Foil Woilh Communications System Agreement City of Forest Hi Ili Page 4 of I I 186, ENTIRETY OF AGREEMENT 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 of 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 thet day of 20J 4 CITY OF FOR T WORTH: CITY OFFOREST HILL,. 0�1 %To (; (,O"� ­�, B 0, Byll y ipjy . l000e' an Alanis S --A'-s,istalt CA Manager City Manage huge I Date: Date. Mla ATTEST. ATTEST. By: By. M Hen 'etta Roberts ary Jw�S6, 1:0 City Secretary 000000 10 City, 'ecretary 0 10 n APPROVED TO FORM ROVED AS TO FORM D LEG , G S By. B V y er WVs`i_s­tan( ty Attonie'Ll Warren ,, e er y City Attorney Contract Authorizatt"On4. M&C: _a. ,52I 10& 440 Date Approved-, I-IqQ City of Foil Woilh Coin munications System Agreeinent OFFICIAL RECORD City of Fore-z;t Hill Page 5 of I I CITY SECRETARY 100 1rX _Vi AIF BIT A CATEGORY 1, TERMS OF USE The following, definitions shall have the meanings set forth, below and apply to this Agreement and the Terms of Use set forth herein-, DEFINITIONS "Console System" shall mean all hardware and software associated with any dispatch console or set of consoles operated by the USER that are connected to the CF W Master Switch. "Interoperable! Comintinicadons Governance Committee" ("Governance Committee") shall mean that group of individuals tasked with maintaining and administering the Interoperable Communications Plan. The Governance Committee shall consist of ten to fifteen individuals with CF W select ling 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 mernbers for each classification of lasers with a goaI of ensuring that the Governance Committee reflects the full range of user types. "Infrastructure Support 'Fee"' shall mean the annual fee charged by CF W to offset costs incurred by the CF W in the operation and maintenance of the Radio System. "Interop era ble Comm unications Plan" (the "Plan") means the plan developed and established by CF W and the Gover-nance Committee to facilitate, enhance and s,implify 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 froni CF"W or can be found on the CFW website at 1-ittp://fortworthtexas.,gov/itsolutions/. ''Master Switch" shall mean the p6mary processing and network infrastructure to which all Console Systems arid bite Repeater Systems must connect in order to operate on the Radio System. The Master Switch is currently located at the CF'W Eagle Mountain facility. Over 'The Air ekeying" (,,a'.rAR") shalt mean the management and support of Subscriber Radio encryption keys via over-the-,air, radio channel transmission. IIOTAR Administration Fee" shall mean the annual fee charged by CFW to offset costs incurred by the CFA' in the management and support of Subscriber Radio encryption keys administered through the Radio System's STAR functions. "Over the Air Programm*lng" ("OTAP") shall mean the method of' implementing programming changes to Subscriber Radios, using the o�ver-the-�air data capabilities of the Radio System. "Private Call" shall mean a feature that reserves channel resources specifically for conversations between two Subscriber Radios. City of Fort Wot1h Coin muni cations System Agreement City of Forest 1101 Page 6 of 1 1, 44 4 Site Repeater System" shall ii-iean the base stations, shelter, tower and all site-sp�ecific 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 USE '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 ten-n shall include, but not be limited to, control stations (desk top radios), mobile radios, and portable radios. "Talk Group" shall mean a specific group of Subscriber Radios allowed to communicate privately within that group over shared infrastructure resources. TERMS OF USE 1. The installation and maintenance of the "'Radio System infrastructure equipment is the responsibility,of CFW unless otherwise stated in this Agreement. 2. The CFW is the holder of the FCC (Federal Communications Commission) licenses) that the Radio System uses for its operation. This Agreement shall not be construed or interpreted to grant, convey,, or otherwise provide USER with any rights whatsoever to the CFW FCC li,cense(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 # speci i,o coverage in a particular location. The USER is respo;ns,ible 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, rare gram,wing, and maintenance of all equipment USER will be utilizing in connection with the Radio System infrastructure, including, but not limited to,1 Subscriber Radios, consoles, and special equipment. pment. 5. In order to ensure hardware and so-ftware compatibility with the Radio System infrastructure, all Subscriber Radios and co soles intended for use by USER on the Radio System shall be compliant with Project 25 standards established by the Telecommunications Industry Association. The use of unauthorized radios on, the Radio System may result in suspended Operation of the radios and/or termination Cif 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 at or other antennas not approved by the manufacturer for use with the specific models of USER's radios. City of Foil Worth COMITILinications System Agreement City of Forest Hill Page 7 of 1,1 ................ ............_........_........................................... 7.. No antenna gain greater than 3 DB will be allowed for mobiles,and cunso ettes. 8. USER shall use due ige c e in the maintenance and configuration o is Subscriber Radio equipment to ensure that no USE. radio or console causes a degradation to the Radio System operation. The C W shall have the right to remove from operation any fief radio unit or equipment owned or leased by USE. . that is operating on, ,attached and/or interfaced to the CF infrastructure, if CFW dete,-nines in its sole seasonable 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 equi.pt emit operating on, attached and/or interfaced to the infrastructure he tested for proper operation and/or repaired by an authorized radio repair facility approved by the CF W. 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 feed radio or other USER equipment suspected, o f causing interference, intentionally or unintentionally, to any other radios on the radio System or to the Radio System's overall operation. 9 USER R s radius may be used for voice radio communications, over the Radio System infrastructure in accordance with the terms and conditions of this Agreement f'c r as long, as this Agreement remains in effect. The CFW will be responsible for managing, infrastructure loading and demand. CF reserves the right, without notice to incumbent users, to enter into a similar agreement with other entities or to deny the ,audition 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 Ws determination of whether such addition to the Radio System can be made without adversely impacting the Radio System. 1. USER is prohibited fi- n1 utilizing telephone interconnect on the Radio System. This prohibition shall include, but is not limited to, connecting to either the SST' Public Switched "rT"clephone 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 all"" on the Radii System. 3. SER's uttIization of data communications on the Radio Systen will be limited to the Radio System's AP functions, Performance of"data communications over the 'Radio System is not guaranteed. For programming changes involving more than ten SUbscriber Radios, USER agrees to coordinate with ('.'.FW prior to executing changes to minimize impact on other users and on the Radio System. 4. The use of OTAR in association with Subscriber Radio encryption is prohibited without prior approval of CF * Administration of encryption keys will be performed exclusively by CF W. USER may utilize and administer other encryption methods, as required. City of Foil Woilh C+ m mu nicat ions Systein Agreement city of Forest Hill Page 8 of I I. 15. The CF W 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 0 for requesting a new ASK following expiration if one is required. USER will be respoinsible for safeguarding the security of the ASK to prevent theft and/or loss. 'USER agrees to notify CFW immediately upon the theft or loss of the ASK. 16. CF will assign the USER Talk Group IDs unique to USER operation. All Talk Group names shall include a prefix unique to the USER"s agency. No other agency will be authorized to use USER Talk Groups without the express written permission of'USER, and a copy of such permission must be on file with the CAW before such use may occur. The C reserves the right to require certain J'alk Group ID's to be programmed in USER radios. Additionally, the 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. 1. . The CF"W has established a coordinated Interoperable Communications Plan to apply to CF'W and the users of its Radio System., USER agrees to participate in the Plan and include the Plan's interoper,able 'falk Groups in the programming of its Subscriber Radios and Console Systems. 18. Roaming, to other systems or the use ofUSER'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 Systeni's interoperable Talk Groups, although this capability may be terminated by CF W if its use is determined to result 11.1 performance degradation to either the Radio System or the interconnected trunked system. 19. USER may utilize a Network Management Console (N MC) 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. 1'he USER's N'MC 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 N is located in a secure area,. IBS B ports, on the N must be deactivated except during maintenance activity. All security patches related to operating systems and other associated software must be maintained at current i-nanufacturer-tested levels. 'No other soft ware applications may be utilized by the NMC. 20. CF W generally maintains aliases -for units operating on the Radio System. If the USER has acquired the capability to modify its aliases, it may administer and maintain its own subscriber unit aliases. From that point, USER will be responsible f 0 r administering and maintaining its own subscriber 'unit aliases, and the CFW will no longer administer and maintain the USER's 1. sou u scriber nit atiases. 21. US B 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 must be maintained at current manufacturer-tested levels. If required, all connectivity between the Console Systems and the Radio System is the responsibility of the USER, including software, hardware and carrier services. Associated costs will be incurred by the USER. Unless otherwise City of F WorthCominunications System Agreement City of Forest Hill Page 9 of 1,1 %Il MMIMHIIIIIIIIHHHHHHHHMHIHMHHHHHHHHHtlAlifillfiff(ttofftfiffi mmommmomm�ffffamW�---,—"—"—"—, approved by CFW, connectivity will be achieved through local terrestrial circuit facilities. The use of other connectivity methods, including but not limited to microwave or fiber, must be approved by the CFW. USER may incur additional costs from CFW for other connectivity methods. 22,. The CFW shall execute with Motorola Solutions a System Upgrade Agreement for the Console Systems and Site Repeater Systems that would be affected by the software upgrades, including those owned or leased) and operated by the 'USER. Unless the 'USER is notified otherwise by C,FW, the software for the Radio System, all Site Repeater Systems and all Console Systems will be upgraded to the current level every two, years,. The USER will provide all reasonable coordination necessary for the upgrade of its Console Systems. USER acknowledges that reductions in functionality may occur during the upgrade process. APPLICABLE FEES; FERMI NATIONO REFUNDS 3 23. USER shall pay the CFW an annual Infrastructure Support Fee in the anno-unt of $24 per month, per Subscriber Radio or console. This fee is payable in advance on an annual basis for all active radio IDs, issued to USER at the time of the annual, billing. Invoicing, will occur on a pro- rata basis when new Radio IDs, are issued, and thereafter, at the beginning of each CFW fiscal year. There will be no refunds or credits for radios removed from service during the fiscal year. 24. If the USER subscribes to OTAR services, the USER shall pay the CFW an annual OTAR Administration Fee in the amount of$1 per month, per Subscriber Radio. This fee is payable in advance on an annual basis for all active radio IDs issued to USER at the time of the annual billing. Invoicing will occur on a pro-rata basis when new Radio IDs are issued, and thereafter, at the begi.nning of each CFW fiscal year. 25. USER shall, pay the CFW an annual System Upgrade Agreement Fee equal to the arnount invoiced to the CFW by Motorola Solutions, Inc., or its successors, for the upgrade of the USE's Console Systems and any other component subject to upgrade as a result of the upgrade of the Radio System. 26. CFW shall have the right to increase any applicable fees under this Agreement each fiscal year to offset any increased costs incurred by CFW in the operation or maintenance of the Radio System. Any increase in applicable fees will be effective at the beginning of'the next CF'W fiscal year. CFW shall provide USER with 60 days' written notice of any *intended fee increase, provi,de(l, 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 in­i pact U`SER's obligation to pay the increased fee. 27. Either USER or CFW may tern ,mate this Agreement for any reason, with or without cause, upon ninety (90) days written notice to the other, plarty. If USER terminates, there will. be no refunds or credits for any fee. If CI`W 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. 71"he 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 City of Foil Wot-th Coin mun ications System Agrecinetit City of Forest Hill Page 10 of I I USER falls to make ftill payment of invoiced system fees within thirty (3�0) 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 of a security breach or threatened securitybreach or due to an emergency, operational issue, or other critical incident between the Master Switch and the USER's environment. The CFW will use best efforts to restore access to the USER as soon as possible once the security breach, emergency, operational issue, or critical incident is resolved. COMPLIANCE WITH LAWS 28. The USER shall comply with all current and future Federal, State, and Local laws, Ordinances, and Mandates, including Federal, Cornmunications Commission rules and regulations regarding proper use of radio communi,cations equipment. The USER will also comply with the guidelines, or Procedures set out in this Agreement. 'Further-nore, the 'U'SER 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. 29. In order to comply with Federal, State, and Local Laws and or Mandates,, the CFW,, as tile 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 USE R's behalf as necessary. 30. In the instance where USES. Subscriber Radio equipment is to be replaced in order to be in compliance with Federal, State, and Local Laws and/or Mandates, title and ownership of such replacement Subscriber Radio equipment shall, upon delivery of Subscriber Radi o, equipment to the USER's site, pass directly to the owner of the equipment that is being replaced. Tile USER shall provide the CFW, or its designee, with the Subscriber Radio equipment to be replaced, in good working order, as determined by the CFW or its designee. USER shall be liable for payment of any fees associated with radios deemed to be not in proper working order. 'USER shall be liable for payment of any fees associated with upgrades to Subscriber Radio equipment. [End of Document]' City ot'Foil Woilh Coin munications Systein Agreement City of Forest Hill Page I I of I I .................... .............................. ........................ .,M&,C Review Page 1, of 2 Official site cif the City of Fort Worth,Texas CITY L"OUNCIL AGENDA FoRTWoR7.ru COUNCIL ACTION.-- Approved on 1/28/2014 1 II REFERENCE 0404CITY OF FOREST HILL DATE,' 1/28/2014 No.■ **C-26,646 LOIG NAME,- COMMUNICATIONS SYSTEM AGREEMENT CODE: C, TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Communications, System Agreement with the City, of Forest' Hill for Participation in the City of Fort Worth's Two-Way Public Safety Radio System at No Cost to the City of Fo:rt Worth ( ►LL COUNCIL DISTRICTS) 1 RECOMMENDATION: It is recommended that the City Council authorize the execution of a Communications System Agreement with the City of Forest Hill fore participation in the City of Fort Worth"s 'Two-Way Public Safety Radio System. The City of Forest Hill wilil, reirnburse its share of operations, and miaiintenance to ensure no cost to the City of Fort Worth, with annual reimbursement estimated to be approximately $21,312-00. In addition, the City of Forest Hill 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 provtd,e access, to its two-way radio, systems by other public safety agencies in Tarrant and Johnson counties. In return for this access, external agencies help offset the City's expenses through the payment of annual fees. In addition, aliccess 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 January 20114, the City of Forest Hill (Forest Hill) approved a Communications System Agreement to operate on the City's new digital Public Safety Radio System. Forest Hill mill prov,ide its own radliols, and dispatch center, but will utilize the C,ity's radio infrastructure for its public safety communications. Forest Hill currently utilizes the City's legacy radio system, and is scheduled to transition to, the new system in April 2014. Because the new system operates under different technical standards, a new Agreement is required. To ensure the software le° ells 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 single Software Agreement to cover all users will resu�lt in a 9�.1 percent discount in the cost for all agencies, including the City. The Communications System Agreement with Forest Hill allows the City to invoice Forest Hill for its share of the Motorola Software Upgrade Agreement, as well as Forest Hill annual subscriber fee which is est,im,a,ted to be approximately $21,312.00 annually. FISCAL: INFORIVIATION/CERTIFICATION: The Financial Management Services Director certifies that the Information, Technology Solutions Department is responsible for the collection and deposit of funds due to the City. TO Fund/Account/Centers FROM Fund/Account/Centers P168 475700 0046020 $21,312.00 http-.Hapips.cfwi-iet.oirg/c,ounci,l _I a.okot./nio r v.eW.aSP?1D=19432&counc`1date=1/')8/2014 1/29/20,14 &C Review Page 2 of 2 dub iced fir Cwt Manager's Office Susan lams 8 8 0,rj,ginating Department Head; Peter Anderson (878 1) Additional Information Contact:, Alan Girton (8484) Steve Strei ert (222 ATTACHMENTS tt :H .c r c1 -...packe n c ��ev ew.�sp?ICS= 943.2&coun,cildate=1/28/ 1 1/29/2014