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HomeMy WebLinkAboutContract 45453 CITY SECRUARY CONTRACT COMMUNICATIONS SYSTEM AGREEMENT CATEGORY I — GOVERNMENT ENTITY his COMMUNICATIONS SYSTEM' AGREEMENT (th,e "Agreement") is made and entered into by and between the City of Fort Worth (",Fort Worth" or "CFW") acting herein by and through it's duly authorized Assi,stant City Manager, and Tarrant County (" USER"'), acting herein by and through its duly authorized County Judge, individually referred to as a ",party,"' collectively referred to herein as the "parties."' 'The CFW or Fort rth shall include al], employees, directors, officers, agents, and authorized 1 representat ves. 'USER shall include afl, employees, directors, officers, agents, and authorized I representatives. RECITALS WHEREAS,1 this Agreement is made under the authority of Sections 791.001-791.029, 'T'exas Government Code; and WHEREAS, each governing 'body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall, make that performance or those payments, from current revenues legally available to -that party-, and WHEREAS, each governing 'body finds that the subJject, 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 interest of both parties and that the divisioll 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 license boilder of the CFW Tr eked Voice Radio Systems with all privileges and responsibilities thereof. I NOW THER,'FO RE fo ort Worth and USE agree as follows: 1. GRANT OF LICENSE Fort Worth hereby grants the 'USER specific permission to operate USE R's, owned or leased fi-eld radio equipment or equipnient, attached and/or interfaced to the :CFW `17runked Voice Radio Systems (the "Radio System") infrastructure in accordance with the specific details and requirements for use as set forth in "Exhibit A, Terms of L'se," which is attached hereto, incorporated herein, and made a part of this Agreement for al] purposes. Ercillure to comply with these specific details and requirements may result in the immediate withdrawal of the specified permissions. City of Fort Worth Communications Systen'i Agreement 'Tarrant County Page I of 11 CEV,ED, FEB 1 RECEIVED MAR 2 6 20,114 2. TERM This Agreement shall begin upon, the last day executed by all authorized parties and shall continue in full force and effect unless, terminated in accordance with the provisions set forth herein and in Exhibit A. 3. COMPENSArFION USER shall remit payment to Fort Worth In the amount and manner set forth in Exhl*bit A. 4. LIABILITY Each party agrees to be Hal for any damages or loss that niay be caused by its own negligence, omission or intentional. misconduct. For purposes of this Sectlon. 4, the to party shall, include employees, directors, offlicers, 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 US E shall operate as an independent contractor as to all rights, and privileges granted herein, and not as agent, repiresentative or employee of the C,FW. Subject to and in accordance with the conditions and provisions of this Agreement, USER shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of 'its employees, directors, oft'icers, agents, authorized representat,ives, subcontractors, and consultants. USED acknowledges that the doctrine of reypondeat sti.perior shall not apply as between the CFW, its employees, directors, officers', agents, and authorized representatives and USER and *its, employees, directors, officers, agen,ts,, 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. 6141 NON-APPROPRIATION OF FUNDS appropriate Fort Worth and USER will use best efforts to a propriate sufficient funds, to support obligations tinder 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, suflIcienIfunds,have been appropriated. 70 RIGHT TO AUDIT USER agrees that the CF`W shall, at no additional cost to the CFW, during and until the expiration of three (3) years after tern— nation of this Agreement, have access to and the right to City of Fort Worth Coin mun i cati ons System Agreement 'rarrut County. Page 2 of 11 examine at reasonable times any directly pertinent books, documents, papers, records, and co mmuni cations of the USER involving transactions, relating to this Agreement. USER agrees that the CF'W shall have access during non-nal 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 CF 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 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 perforinance or to assert any such right on any future occasion. 10. IGOVER-NMENTAL POWE RSA MMUNITIES, It is understood and agreed that by execution of this Agreement, the neither C nor USER waives, or surrender any of 1 its, govern-mental powers or immunifieS. 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 of this Agreement, and signed by both parties. 12. SEVERABILITY If any provision of this Agreement is 'held by a court of competent jurisdiction to be ilivalid, 4 illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 13 CONFIDENTIAL INFORMATION To the extent permitted by law, USER for itself and. 'its officers, agents and employees, agrees that it shall treat, al.1 information provided, to it by the CFW as con-fidential ("City Inforrn-atiOD.") and shall not disc,lose any such infom-iation to a third party without the prior written approval of 'unless such disclosure is required by law rule regulation court order, in which event the CFW, I 1JSER shall notify CF W 'in writing of such requirement in sufficient time to allow CF'W to seek it ity or other relief to prevent such disclosure. USER, shall store and ma*ntain C* Inf.','ormation, m a secure manner and shall not allow unauthorized users to access, modify, delete City of Fort Worth Cori'iniun[cations System Agreement Tarrant County Page 3,of 11 or otherwise corrupt City Information in any way. USER shall notify the C11"W imniediately if the security or integrity of any City Inforn-iation has been compromised or is believed to have been corgi prorni,sed. 14. FORCE MAJEURE The parties shall- exercise their best efforts to meet their respective duties and obligations hereunder, bit'it shall not be held liable tbr any delay in or omission, Ofperforniance 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,, existing contractual obligations directly related to ttle sub*ect matter of this Agreement, or declaration of a state of disaster or emergency by the federal, state, county, or City government in accordance with appli.cable law. 15, NOTICES. I Notices, required pursuant to the provislons ofthis agree j,,iient shall be conclusively detem. iined to have been delivered when (1) hand-delivered to the other party, its agents,, employees,, servants or representatives, (2) delivered by Eacsimile with electronic con-firmation 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 Tarrant County Attn: Susan Alants, Assistant City Mai alter Attn-. B. Glen Whitley 1000 Throck-morton 100 E. Weatherford St. Fort Worth TX 76102-6311 Fort Worth T'X 76196-0101 Facsimile: (817) 392-8654 Facsimile: 817 884-2793 With Copy to the City Attorney At sass.e address 16. 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 excILISIvely in state courts located in Tarrant, County, Texas or the United States, D�istrict 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. 17. ISIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has -the legal authority to execute this Agreement on behalf of his or her respective party, and that such binding, authority has been granted, by proper order, resolution, ordi,na.nce or other authorization of the entity. The other 1, rmginto this, Agreement. party is fully entitled to rely on this warranty and representati,on in ente City off'ort Worth Communications System Agreement Tarrant COL111ty Pacre 4 of I I 18. ENTIRE TY OF AGREEMENT 0 Thi,s written instrument I 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 i's hereby declared null and void to the extent in conflict with thi's Agreement. 1.91 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 )" 'j,""("day Of lrv�z,1,1_ 20 j Lj CITY OF FORT WORTH: TARRANT COUNTY0 0 Jor By: By: S A la n ii,Is 13. Glen Whitley Assist. L' City Manager County Judge Date- Date I-A ATTEST: kT TI;:'j'S 1,0 Ll By . : By 't � � Mary J. set Name':,. j City Secretary T*tle-Uj APPROVED TO FORM APPROVED TO FOR to, do AND ALIT /0,o 000,0000 * /I 110 ZR B y By: ........................ .......... Tl Ass am Cif)� for icy Ra 'e, Di et Attorney's, office Contract Authorization,: M&C. Certification of Fund�s,Available Date Approved-. .. for the Amount of$ City of Fort Worth Communications System,Agreement Tarrant count.y Page 5 of 11 I'd CPA74 A fir)1IOR EXHIBIT A CATEGORY I., TERMS OF USE The following definitions shall have the meanings set forth below and apply to this Agreement and the Terms, of Use set forth herein: DEFINITIONS "Console System" shall mean all hardware and software associated with any dispatch console or set of consoles operated by the USER that are connected to the CFW Master Switch. "Interoperable Communications Governance Committee" ("Governance Committee") shall mean that group of individuals, tasked with maintaining and administering the Interolperab�le Communications Plan. The Governance Coinmittee shall consist of ten to fifteen individuals with CFW selecting at least one representative and each classification of users, selecting at least one representative. The Governance Committee shall detennine and may periodically adjust the number of members and the method for selecting members for each classification of user's with a goal of ensuring that the Governance Committee reflects the full range of user types. "Infrastructure Supiport Fee"' shall mean, -the annual fee charged by CFW to offset costs, incurred by the "F'W in the operation and maintenance of the Radio System. "Interoperable! Communications P'la,n" (the "Plan") means the plan developed and established by CFW and the Governance Committee to facilitate, enhance and simplify radio communications among all agencies utilizing the Radio System or connecting, their Site Repeater Systems or Console Systems to the CFW Master, Switch. The Plan is available upon request from CFW or can be found on-the CFW website at htt,p,://`fortworthtexas,.gov/itsolutions/. "Master Switch" shall, mean the primary processing and network infrastructure to which all Console Systems, and Site Repeater Systems must connect in order to operate on the Radio System. The Master Switch is currently located at the CFW Eagle Mountain facility. `�'Olver The Air Rekeying" ( shall mean the management and support of Subscriber Radio encryption keys via over-the-air, radio channel transmission. "OT.AR 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 adminisitered through the Radio System's OT AR functions., "Over the Air Programming" ("OTAP"") shall mean the method of implementing programming changes to S,ubscribler Radios using, the over-the-air data capabilities of the Radio System. "Private Call" shall mean a feature that reserves chai-inel resources specifically for conversations between two Subscriber Radio:s. City of Fort Worth Comm Lin]cations System Agreement Tarrant County Page 61 of I I "Site 'Rep�eater 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 C,FW Master Switch. "System 'Upgrade Agreement Fee" shall. mean the an-nual fee charged by CFW to off'set cost charged to CFW by Motorola Solutions for the maintenance of the Software Upgrade Agreement applicable to the USER's Console Systems and Site Repeater Systems. "Subscriber Radio" shall mean a radio that has a unique identification number and is programmed to operate on the Radio System. 'The term shall. include, but not be limited to, control, stations (desk top radio�s), mobile radios, and 'portable radios. "Talk Groupi"' 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 ()f the FCC (Federal Comi-nunications Commission) licenses) that the Radio System uses for its operation. This Agreement shaIl not be construed or interpreted to grant, convey, or otherwise provide USER with any rights whatsoever to the CFW FCC license(s) or to the Radio Frequency spectrum used by the Radio System., 3. The CFW makes no guarantee, either express or implied, as to radio signal strength or a specific level of ray i io coverage n a particular location. The USER is responsible for conducting appropriate and applicable in-building and geographical, coverage testing to determine the expected radio, coverage level f SSE R's equipment. 4. USER will be responsible for the acquisition, programining, and maintenance of all . 1 1!. equ,ipment USER will. be utiltzing in connection with the Radio System infrastructure, inciucing, 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 .adios and consoles intended for use by USER on the Radio System shall be compliant with Prqjiect 25 standards established by the Telecom.mun 1 cations Industry Association. The use of unauthorized radios, on the Radio System may result in. suspended operatlon of the rad.ios and/or termi*nation, of the Agreement. 6. USER agrees to exclusively at line antennas specifically app rowed by the radio n-ianulacturer for use with the specific models of' tJSE`R's radios. The use of short,, broad spectrum, or s,tul y," antennas is not recommended., USER shall be solely liable for coverage gal--)s in the event USER utilizes short broad spectrum 01. stubby antennas or other antennas not approved by the manufteicturer for use with the specific i-no�dels, of UST's radios. City offort Worth Communications System Agreement Tarrant County Page 7 of 11 7. No antenna, gain greater tlian 3 DAB 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 t,"J'SER radio or console causes a degradation to the Radio System operation.. The CFW shall have the right to remove from operation any field radio unit or equipment owned, or leased by USER that is operati Aerating on, attached and/or interfaced to the CFW ,intrastructure if CFW determines in its sole reasonable discretion that such. equipiment is causing interference or harm to the Radio System, in any way. The CFWreserves -the right to request that USER operated field radio units or equipment operating on, attached and/or interfaced to the * r* I nitrastructure be tested for proper operation and or repaired by an authorized radio repair facilib, .Y 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 IJSER, 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 radios may be used for voice radio communications over the Radio System infrastructure in accordance with the terms 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 Slubs,cribler Radio equipment to any user of the Radio System,,. The CFW shall have sole discretion in dete-rinining, whether, to allow additional users or radios based on CFW"s determination of whether such addition to the Radio System can be made without adversely impacting the Radio Systern. 11. USER is prohibited from. utilIzIng telephone interconnect on the Radio System. This prohibition shall include, but is not limited to, corn ecting to either the PSTN (Public Switched Telephone Network) or 'USER's internal phone system s) tlu-Iough a console patch into the Radio Systern or to any Subscriber Radio on the Radio System, 12. D e to the radio, in',trastructure resource allocations recl"Llired by ""Private Call," USER 'is not permitted to utilize "Private Call" on the Radio System. 13. USE 's utilization of data coni,niunications on the Radio, System will be limited to the Radio System's 01"'I'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 C.FW 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 - om-.ied exclusively by prior approval of CFW. Administration of encryption keys will be perf CFW. USER may utilize and administer other encryption methods as required. City of Fort W01-th C0111111LInications System Agreement T atTant County Page 8 of 11 15. The C will provide USER with an Advanced System Key (ASK), for use with the USE 's Subscriber Radios only. "I"he ASK will expire annually, and USER shall be responsible for requesting a new ASK following expiration if one is required. USER will be responsible ror 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 W will assign the USER "Falk (-'Troup IDs unique to USER operation. All Talk Group names shall include a prefix unique to the 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 C FW before such use may occur. The CFW reserves the right to require certain Talk Group ID's, to be programmed in U"SER radios,. Additionally, the CF W shall have the right to limit the number of'Falk Group ID's to be used by USE and to disable Talk Groups ID's as it deems appropriate. 17. The CF W has established a coordinated Interoperable Communications Plan to apply to 1 the Plan and include the CFW and the users ol'its Radio System. USER agrees to participate n I 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 sprohibited without prior approval by CFW. Roa i < 1 1 1 ming to other trunked systems will be limited to the Radio System's interoplerable Talk Groups, although this capability may be terminated by CFW if its use is dietermined to result in performance degradation. to either the Radio System or the interconnected truriked system., 19. USER may utilize a Network m MC)Manageent Console (N to manageits 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. 'Fhe USER's `N MC must be partitioned in inanner to limit access, to USER's own environment only and to prevent 'U'SER from viewing, accessing, or making any changes to equipment that is not owned or leased 'by 'USER. The USE must ensure the NM.0 is located in a secure area. USB ports on the NMC must be deactivated except during maintenance activity, All security patches, related to operating systems and other associated software must be maintained at current manufacturer-tested levels. No other software applications may be utilized by the NMC. 20. CFW generally maintains aliases for units operating on the Radio System. If the USER has acquired the capability to ji-iodify its aliases, it may administer and maintain its own subscriber unit afiases. From that point, USER will be responsible for administering and maintaining its own subscriber unit aliases, and the CFW will no longer adrninister and maintain the subscriber unit aliases,. 21. USB ports on the SER'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 maniffacturer-tested. levels. If required, all connectivity between the Console Systems and the R.adio System is the! responsibility of the 'USER, including software,, 1. hardware and carrier services. Associated costs will be incurred by the USER. Unless otherwise City of Fort Worth,Commun i cations System Agreement Tarrant County Page 9 of I I Z"- 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 CF'W 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 y (''FW the software for the Radio Systern, all Site Repeater Systems and all Console b ,� 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. APPLICABL.E FEES; I"ERMINATIONI; REFUNDS 23. USER shall pay the CFW an annual Infrastructure Support F i ee n the amount of S,24 per month, per Subscriber Radio or console. This -fee is payable in advance on an annual basis for all active radio ID�s 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 tie realter, 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 OT AR services, the USE shall pay the C111"W an annual OTAR Administration. Fee in the amount of$1 per month, per Subscriber Radio. 'I'h.is 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 I.Ds 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 US ER's Console Systems and any other component sub j 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 CFW fiscal year. CFW shall provide USER w1t1i 610 days' written notice of any intended fee increase,, provided, however, that this notice period may be less than 60 days if Motorola Solutions provides CFW with less than, 60 days notice of an increase in the System, 'Upgrade Agreement Fee and such reduced noitice pleriod shalt 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 terminates, 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 Systern Upgrade Agreement Fee, which is non-refundable, pro-rated to, the end of the current fiscal year. The CFW, in its solle discretion, sha.11 have the right to deny USER access to the radio infrastructure and/or the right to terminate the Agreement 'Immediately if City of Fort WoOh Comm Unications System Agreement Tarrant Cowity Page 10 of 11 USER, fails, to n.iake full payment of invoiced system fees within -thirty (30) days of the date payment is due. The CFW further reserves fl-te right to terminate 'this, Agreement inune diately, or deny ccess to the USER, upon notice cif USER misuse of the Radio System. Notwithstanding the foregoing,, the CFW7 in It 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 'breach or due to, an emergency, operafional issue,, security J or other critical incident between, the Master Switch and the USE '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 WjrF11 LAWS 28. The 'USER shall comply with all current, and future Federal, State, and Local laws, Ordinances, and Mandates, including Federal Communt cations Comrnission rules and regulations, regarding proper use of radio communications eq,uipment. The USER will also comply with the guidelines, or procedures set out in this Agreement. Furthermore, the USER is r sp nsi*ble for enforcing such compliance by it's employees, directors, officers, agents, ,e �o 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 ley .USE R., 29. In order to comply, with Federal, State, and Local Laws an or Mandates, the CFW, 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 obitigations. For as long as this Agreement 'is, in force, the USER will allow the CFW to facilitate such activities, on USER's behalf as necessary. 30., In the instance where USE Subscriber Radio, equipment is to be replaced in order to be in compliance with Federal, State, and Local Laws and/or Mandates, tltl.e and ownership of such replacement Subscriber Radio equipment shall, upon delivery of Subscriber Radio equipment 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 equi mer t 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 oruer. USER shall be liable for payment of any fees associated with upgrades to Subscriber Radio equipment. [End of Document,] City of,Fort Worth COMMUnications,Systern Agreernent Tarrant(..ounty Page II -II '&C Review Page I of 2 Official site of the City of Fort Worth,Texas CITY Cu'p%'UNCIL AGENDA FoRT WoRT H COUNCIL ACTION," Approved on 2/11/2014 REFERENCE 04TARRANT COUNTY DATE.- 2/11/2014 N 0. **C-26662 LOG NAME: COMMUNICATIONS SYSTEM AGREEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Communications, System Agreement with Tarrant Colu�nty for Participation in the City of Fort Worth's Two-Way Public Safety, Radio, System at No Cost to the City of Fort Worth (ALL COUNCIL DISTRICTS) RECOMMENDATION,- It is recommended that the City Council authorize the execution of a Communications System: Agreement with Tarrant, County for participation in the City of Fort Worth's two-way public safety radio system. Tarrant County will reirriburse its share of operations and maintenance to ensure no cost to the City, of Fort Worth with annual reimbursement estimated to be approximately $282,8" 6.00. In addition, Tarrant County 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 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, access to the Fort Worth Plubilic Safety Radio System by multiple jurisdictions enhances the ability of emergency responders to communicate with one another when responding to incidents. Tarrant County currently utilizes the City's legacy radio systern,, and is scheduled to transition to the new system in March, 20 4. Because the new system operates under different technical standards, a new Agreement is required. Tarrant County will provide its own radios and dispatch center, but will' utilize the City's radio infrastructure for its public safety communications. To ensure the software level's 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 result in a 9.1 percent discount in the cost for all agencies, including the City. The Communications System Agreement with Tarrant County allows the City to invoice Tarrant County for its share of the Motorola Software Upgrade Agreement, as well as Ti arra�nt County's annual subscriber fee which is estimated to be approximately $2182,816.00 annually. FISCAL INFORIVIATION/CERTIF11CATION: 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 475,700 004602Q $282,816-00 http.-//apps.cfwnet-org/counc*l lew.asp. 1 _packet/me r,ev' ?ID=I 9474&councildate-2/11/2014 2/13/'2014 A&C Revi.ew Page 2 of 2 ------------ Submitted for GIN Mara gen's Office by: SLJsan Alanis (8 180) a -OrIginatinq Departm�ent 'He�ad:, Peter Anderson (8781) Addibonal: Information Contact: Al,an Girton (8484) Steve Streiffert (2221) ATTACHMENT'S httpl,.//apps.cfwnet.org/councll_packet-/me—review.asp?ID==19474&councildate=2/11/2014 2/13/2 01 14