HomeMy WebLinkAboutContract 45484 A
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C MATINS SYSTEM AGREEMENT
CATEGORY 1-1 GOVERN ENT1T_
This CO' CATIONS SYSTEM AGREEMENT (the "Agreement") made
d entered into by and between, -the City of Fort Worth "Fort Worth" or "C ) acting
herein by d through its duly authorized Assistant Cite Manager, and the Cif of Watauga,
Texas("!USER:"')!, acti g here by and through duly authorized Mayor, individually referred
to ," collectively referred to here f a "parties."' The CFA' or For Wei shall
include all employees, directors, officers, agents,, and authorized representatives. USER shall
. e I ivae all employees,directors,,officers,agents,and authofized representatives,
RECITALS
ffHEREAS, this Agreement is, made under the authority of Sections 7 1.001-791.029,
Texas Government Cede;and
NVBEREAS, each governin body, n performin govermentai functions or in a
r for the performance of govemmental functions hereunder, e that performance or those
payments from gent revenues legally available to p and
VVEIEREAS, each governing body finds that the subject of this Agreement is necessary
for the benefit of the Public and a the leggy authority d t rude 'e.
governmental function or service w e subject matter of this Agreement;
VM[EREAS, each gov body Ends that the performance of this Agreement is in,the
comm en ,�
interest '� �e�and �division� costs fairly compensates the performing
party for the services or functions under this Agreement;and
NAHEREAS, Fort Worth
owns,, es, and m T ed Voice Systems
" . ,
for the pur of pose P Public Safety voice
radio eer "cations and zs the sole license
holder of the CFW Trunked Voice Radio Systems with all privileges and respon ib ilit es thereof.
NOW THEREFORE,Fort Worth and USER agree as fellows:
11 GRANT OF LICENSE
Fart hereby grants the USER specific e *ss a operate USER's owned or leased
Feld o equipment or e ent attached or interfaced t o the CF'W Trunked Voice Radio
Sys e ` o yste ')i *in accordance e specific details and
requirements for use as set d `hit A,, Terms of Use," which "is attached hereto,
P
incorporated herein, made a of s Agreement for all p Failure i e to ply with
these specific details and requr e ents may result * e immediate withdrawal of the specified
pernussions.
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OFFICIAL
City of Fort Wow Cownwnicadons Sys A�ement
City of Wataugas,Texas C11 wY SECRET
Page 1 of 11 ���
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RECEIVED PR -1 4 M4
2* T ,R
This Agreement shall bed upon the last day executed by all authorized pies and shall
continue in full farce and effect unless terminated in accordance with the provisions set forth
herein and in Eft A.
3, CO NSA TIOI
USER shall remit payment to Fort Wow in the amount and manner set fob in Exhibit A.
LIABILITY
Each pa agrees to be Liable for any damages or loss that may be caused by its own negligence,
omission or 'intentional n1isconduct. For poses of this Section 4, the term party shall include
employees, directors, officers, agents, authorized representatives, subcontractors, consultants,
and volunteers of the respective per. Nothing in the performance of this Agreement shall
impose any liability for claim against either party other than for claim for Bch the Teas Tort
Claims,Act may impose liability.
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51 MEPE DENT CONTRACTOR
It is expressly understood and agreed that USER shall operate as an independent contractor as
to all rights and privileges grated herein, and not as agent, representative or employee of the
CFW. Subject to and m accordance with the conditions and provisions of this Agreement,
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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 co USER acknowledges that the
doctrine of respondeat superior shall!,not apply as between.the C'FW, its employees, directors,
officers, agents, and authorized representatives, and USER and its employees, directors,
officers, agents, authorized representatives, subcontractors, and consultants. USES. further
i agrees that nogg herein s"ll be construed as the creation of a partnership or joint enterprise
between CFW and Il"SEX
64, N'N-APP i.RII 17I N OF FUNDS z
Fort Worth and USER will use best efforts to appropriate sufficient funds to support obligations
under this Agreement. However,in the event that sufficient fimds are not appropriated by ether
ply's governing body, and as a result, that paw 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 ids have been appropriated.
7, RIGHT To AUDIT
USER agrees that to F'�W shall, at no additional cost to the CFW, during and until the
expiration of three years der termination of tb s Agreement,have access s to and the night to
ewe at reasonable tines any directly pertinent books, documents, papers, records, and
com�ications of the USER involving transactions relating to this A.greement, USES,agrees
City of Fort Worffi commons system Agent
City of Tom
Page 2 of It
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that the CFW` shall have access during normal working hours to all necessary USER,facilties
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and shall be provided adequate and props work space in order to conduct au&ts M
compliance with the provisions,of this section. The CFW shall Wve USER reasonable advance
notice of intended audits.
1
USER shall not have the right to assign or subcontract any of its duties,obligations or rights
under this Agreement out the prior wntten consent of the CF W. Which such right shall be
4 a 0
granted solely at the discretion of the CFW.Any assignment m violation of this provision shall
"IX
id.
9. NO WAIVER
The failure of either party to M' sist upon the performance of any provision or condition of this
0 IN I A J!
Agreement or to exercise any rignt granted here m' shall not constitute a waiver of that party s
right to M' si st upon appropriate!performance or to assert any such n"ght on any future occas ion.
10, GOVERNMENTAL POWERSIDDIUNITI]ES
It is understood and agreed that by execution of this Agreement,, the neither CFW nor USER
4,
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 writing,dated subsequent to the date of this Agreement, and si gned by
both parties.
12, SEVERABELITY
Vi I I dicti n 111vali
If any pro 's"on of this Agreement is held by a court, of competent,juns o, to be d,
illegal or unenforceable.1 the validity, legality and enforceability of the rema=* * g provisions shall
not m", any way be affected or u' npw* edo,
13, CO NT INFORMATION
To,the extent permitted by law, USE for itself and its officers, agents and employees, agrees
that it shall treat all information provided to it by the C as confidential C'City Infbrm anon
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and shall not disclose any such information 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
USE 0,R shall nofify CFW m* vm 1P ung ot such requirement M.sufficient time to allow C to seek
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injunctive or other relief to prevent such disclosure. USER shall, store and maintain CiA--Y-1
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Itiformation m" a secure manner and shall not allow unauthorized users,to access,modify, delete
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or otherwise corrupt City Information in any way. USER shall notify the CF W 'immediately if
the security or integrity of any City Information has been compro='sed or is belie end to have
been comprorm*sed.
City of Fort Worffi Conmmicafions System Agreement
City of WataupA Texas
Page 3 of 11
14. FORCE MAJEURE
The parties, shall exercise their best efforts to meet their respective duties and obligations
0 0 # f% 14
hereunder, but shall not be held liable for any delay m or orrussion of pertormaice 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 onlission, fires,
strikes, lockouts, national disasters, wars, n*ots,, material or labor restrictions, transportation
problems, existing contractual obligations, directly related to the subject matter of 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 req*ed 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, employees,,
servants, or representatives, (2) delivered by facsimile with electronic confarmation of the
trammission, or(3) received by the other party by United States Mail,,gyre s e
tercL r r pt
eturn ecei
gI
requested,addressed as follows-,
in
City of Fort Worth City ofWataug;4 r i exas
AttLi: Susan Al s,Assistant City Manager Attn:Zolam' a Reyes, City Secretary
1000 Throciamorton 7105 Whitley Road
Fort Worth IX 76102-6311 Watauga,'Texas 761 8
F el-,(817)392-8654 Facs e.-(817) 514-3625
G Mith Copy to the City Attorney
At same 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 exclusively m' state courts located
Tan-ant 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 otheTexpenses curred as,a result of'the action.
17, SIGNATURE AUTHORITY
The person signing this Agreement hereby warrants that he/she has the legal,authority to execute
Ns Agreement on behalf of his or her respective party, and that such bm' ding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The, other
#
partyis fully entitled to rely on this warranty and representation in entering into this Agreement.
City of Fort Worth Co co System Agreement
City of Watmiga,Texas
Page 4 of 11
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18# ENTIRETY OF E E T
This written M' s east, including all Exhibits attached hereto, contaims the entire understanding
and agreement between Fob Worth and USER as to the matters contained herein. Any prior or,
contemporaneous oral or wfitten agreement i's :hereby declared null and void to the extent �n
conflict, with this Agreement. Any previously executed Communication System Agreement
between the parties shall be terminated simultaneously e final execution of this
Agreement by both parties,
19, COUNTERPARTS.
This Agreement may be.. executed n o ne or more counterparts a ach..counterpart shall, for all
purposes, ee a original, but all such counterparts together constitute one and the
smne instrument.,
EXECUTED IN MULTIPLE ORIGINALS,on flfis the �Ny t42L�,,2,01
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Al
s Hector F. Garcia �-
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1 t City Manager Mayor s
Date: Otte . »
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APPROVED TO FORM APPR TO LEGALITY:
AND LEGALITY.
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By.-- �AAf 1A i \kk B
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Ass is t City AttorneY G.Dani e
City Attorney
Contract Authorization:
Date Approved:
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City of Fort Worth Communications sent OFFICIAL omul�`
City of Wig Texas
page 5 of 11
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EXHMIT A
CATEGORY 1,TERMS OF USE,
The following aeftnitions, shall have the meanm" gs set forth below and apply to this Agreement,
and the Terms of Use set forth hereffi.0
DEFIENTHONS
"Console System"shall mean all,hardware and so are associated wit,h any dispatch console or
set of consoles operated by the USE that are connected to the CFW Master Switch.
"In ter oper able Communications Governance Comnn'ttee" ("Governance Committee") shall
mean that group of individuals tasked with maintaining and administering the Interoperable
6 16
Co cations Plan. The Governance! Committee 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 s determine and may periodically adjust the
number of members and the method for selecting members for each classification ofusers 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,
mcurred by the CFW M* the operation and maintenance of the System
Radio .,
"Interoperable Communications Plan" (the'Tt&')means the plan developed and established
by CFW and the Govemance Committee to facilitate, enhance and simplify radio
the Radio, System or connecting the* Site Repeater
co cations among all agencies rAJIL their
Systems or Console Systems,to the CF W Master Switch.The Plan is available upon request from
CFW or can be found on the CFW website at http-.//fortwo,rthtexas.., solutions/.
"Master Switch" shall mean the primary processing and network infrastructure to which all
Console Systems and Site Repeater Systems must connect MO order to, operate on the Radio
System. The Master Switch i's currently located at the CFW Eagle Mountain facility.
"Over,The Air Rekeying" CIOTAR") sball mean the management and support of Subscriber
to
Radio encryption keys via over-the-at"r,rajwo channel,bwsrm'ssion.,
0 IN A A*
"OTAR Admtrauow Fee" shall mean the annual fee! charged by CF W' to offiet costs
mewed 'by the CFW 'in the management and support of Subscriber Radio encryption keys
ministered
I through the Radio System's OTAR fimctions.
"Over the Air Program 11, (" T I shall mean the method of lement"MIP
pr y changes,to Subscriber Radios using the over-the-air data capabilities of the Raffio
System.
"'Private Caff"I shall mean a feature that reserves channel resources specifically for
conversations between two Subscriber Radios.
City of Fwt Worth Czmmunicadons Systm Agmement
City of W"ga,Tem
Page 6 of 11
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"Site 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 CF'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.
"Subscn*ber Radio" shall mean a radio that has a um"que identification number and is
programmed to operate on the, Radio System. The term 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 col=unicate
privately within,that group over shared inftastructuxe:resources
TERMS OF USE
1. The installation and maintenance of the Radio, System infir-astructure equipment is the
responsibility of CFW unless otherwise!stated M" this Agreement.
2.The CFW is the holder of the FCC (Federal Communications Commission)iicense(s),that-the
Radio System uses for its operation. This Agreement shall not be construed or interpreted to
0
grant convey, or otherm6se, 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 C makes no guarantee, either express or implied, as to radio signal strength or a
specific level of radio coverage M* a particular location. The USER is responsible for conducting
appropriate and applicable M* -building and geographical coverage testing to determine the
expected radio covemge level for SER's equipment,
4�. USER WI'U be responsible for the acquisition, programming, and maintenance, of all
equipment USER will be utilizing am connection with the Radio System hifi-astructure, 'including,
but not limited to, Subscriber Radios,consoles,and special equipment.
10
5. In order to ensure hardware and software compatibility with the Radio System infi-astructire,
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. '1he use of unauthorized radios on the Radio System may result *in suspended
operation of the radios,and/or termination f'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 sho�rt, broad spectrum, or
"stubby," antennas, is not recommended. USER shall be solely liable for coverage gaps M"' the,
event USER utilizes short broad spectrum or stubby antennas or other antennas not approved by
the manufacturer for use with the specific models of USER's radios#
7. No antenna gain greater than 3 DB Will be allowed for mobiles and consolettes.
C of FW Worth Communicsfions Systm Agr=mnt
City of Watauga,Tcxas
Pop 7 of'11
8. USER shall use due diligence M' , 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. Ibe CFW shall have the right to remove from operation any field radio unit or
equipment owned or leased by USER that is operating on, attached and/or interfaced to the CFW
structure, if CFA"`detennines*in its sole reasonable discretion that such equ:ipment 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 for interfaced to the
infrast:ructure be tested for proper operation 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 CF W shall have the right to deactivate, without prior notification to or
consent of USER, any field radio or other USE equipment suspected of causing interference,
I'd
intentionany or unintentionally, to any other radios on the Radio System or to the Radio
System's overall operation.
9. SER's radios may be used for voice radio communications over the Radio System
a,
infrastructure *in accordance with the terms and conditions of this Agreement for as long as this
Agreement remains in effect.
10. The CFA' will be responsible for m infrastructure loading and dew d. CFW
reserves the right, out notice to "'incumbent users,,to enter into a s 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 M* determining whether to allow additional users or
radios,based on CF 's determination of whether such addition to the Radio System can be made
without adversely impacting the Radio System,,
110 USER is prohibited from utili telephone interconnect on the Radio System. This
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probibition shall include, but is not limited to, connecting to either the PS ubEe Switched
Telephone Network)or USE 's internal phone system(s)through a console patch into the Radio
ber I on e io Syst
' Radio th Radem.
System or to any Sub sen
, R
USE is not
12. Due to the radio in'astructure s c
reoure,, alloc q e va te
afions rew-rd by Pri Call
permitted to utilize"Private Cafl"on the Radio System.
13. USER's utilization of data co * ations on the Radio, System will be limited to the
Radio System's OT AP functions., Performance of data col "cations, over the Radio System,
0 0 0
is not guaranteecL For priogr changes involving more than ten Subscriber Radios,USER
agrees to coordinate Witli CF W prior to executing changes to,mijairruze impact on otheTusers and
on the Radio System.
14. The use of OTAR M* association With Subscriber, Radio encryption is prohibited without
prior approval of CF W. Administration of encryption keys will be performed exclusively by
CF'W. USER may utilize and,administer other encryption methods as reqw"recL
15. The CFW will provide USER with an Advanced System Key (ASK), for use with the
i !
USER's Subscriber Radios only. The ASK will expire y,and USER shall be responsible
01
for requesting a new ASK following expiration if one is required,. USER win be responsible for
C4 of Fort Wor&communiudws S A
City of WahutA,T=m
Pap a of 11
safeguarding the security of the ASK to prevent theft and/or loss. USE agrees to notify CFW
ately upon the the or loss of'the ASK
16. CFW 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 authon"zed
to use USER Talk,Groups without the express written permission of USER, and a copy of such
permission mustbe on file with the CF W before such use may occur. The CFW reserves the
nght W require certain Talk Group ID's to be programmed "in USER radios. Additionally, the
CF W shall have the night to it the number of Talk Group ID's to be used by USER and to
disable Talk Groups ID's as it deems appropriate.
17. The CF W has, established a coordinated Interoperable Co cations Plan to apply to
41
CFW and the users of its Radio System. USER agrees to participate *in the Plan and include the
0 ^Plan's interoperable Talk Groups ' th r
in e pro amming of its Subscriber Radios and Console
Systenis.
18. Roaming,to other,systems or the use of USER"s,Talk,Groups on other trwAed systems that
are interconnected to the Radio System is prohibited without,prior approval by CFW. Roa 1*119
to other trunked systems will be to the Radio, System's interoperable Talk Groups,
although this capability may be terminated by CFW if its use 'is, determined to result
petformanc,e 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,
a *I 's
USER is responswie for acquiring-and maintaining, at USER"s sole cost, all components
required.to connect the NMC to the Radio System. The US R's NMC must be partitioned M*
manner to limit access to USER"s own environment only and to prevent USER from
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accessing, or: t4"
1.1 any changes to equipment that is not, owned or leased by USER_ The
USER must ensure the NMC is located m* 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
2 CFA`generally maintains aliases for units operating on the Radio System. If the USER has
d the capabUity to modify its aliases, it
acquire may administer and maintain Its own subscriber
41 a a 0
unit aliases. From that point, USER wiU be responsib ad s%for ini ering and 0 0 g its
own subscriber unit aliases, and the CF W 1&q*ll no longer at and, the USER's
subscriber unit aliases.
21. USB ports on the US I' Console Systems must be deactivated except during maintenance
activity., All security patches,related to operating systems and other associated software must be
,
at ant r-tes d l e re
d ivity Detween the
ed curr manufactureteevls. If quire, all connect' "
Console Systems and the Radio, System is the responsibility of the USER, including, software,
hardware and,carnoer services. Associated costs will be fficurred by the USER. Unless otherwise
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 CF W. USER may fficur additional costs from CFW' for other, connectivity
methods.
City of Fort Worth eons System Agreement
city Of WatauA Texas
Pap 9 of 11
2,2., 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 up es,
mcluding those owned (or leased), and operated by the USER. Unless, the USER is notifled
otherwise by CFW,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-3ERILMEINATION; REFUNDS
23. USER shall pay the CFW an, annual Infrastructure Support Fee M* the amount of$24: per
month,per Subscriber Radio or console. This fee 'I's payable in advance on an annual basis for all
active radiol IDs 'Issued to USER at the time of the annual billing.Invoicm* g will occur on a pro-
rata basi's when new Radio ]]Ds are issued, and thereafter, at the be * ' ofeach C,FW fiscal,
year. There will be no refunds or credits for radios removed from service during the fiscal year.
24. If the USER subscribes to services, the USER shall pay the CFW an annual OTAR
Administration Flee "in the amount of$1 per month,per Subscriber Radio. This fee i"s payable *
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 thereafler,
at the be of each CF scw year.
2,5. USER shall pay the CFW an annual System Upgrade Agreement, Fee equal to the amount
0
mvoiced to the CFW by Motorola Solutions, Inc., or its successors, for the upgrade of the
US ER'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 night to increase any applicable fees under this Agreement each fiscal
year to offset,any "increased costs incurred by CFW M' the operation or maintenance of the Radio
System. Any m" crease in applicable fees wiU be effective at the be 9 of the next CFW fiscal
year. CFW shall provide USER with 60 days" written notice of any intended fee crease,,
provialea, however, that this notice period may be less, t1m 60 days if Motorola Solutions
provides CFW with less than 60 days' notice of an m" crease m 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 runety (9 ) days wn*tten notice to the other party. If USE terminates, there Will be no
reftmds or credits f r any fee. If CFW terminates, CF'W will issue a refund to the USER of all
fees,except for the System Upgrade Agreement Fee,which 1 0 s non-re 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 the right, to terminate the Agreement immediately if
USER fails to make full payment of ffivOiced system fees within thirty (30) days of the date
paymentis due. 1he CFW further reserves the right to terminate this Agreement m" amediately, or
deny access to the USER, upon notice of'USER misuse of'the Radio System, Notwithstanding
the forego,in, the CFW, 'in its sole discretion, reserves the right to immediately deny access,to
M91)
the USER if such, action is required to prevent the spread of a security breach or threatened
City of Fort Worth Co rimunications SysUm Agme=nt
city of Walaugav Texas
pop 16
secunty breach or due to an emergency, operational i size, or other critical m* cl"'dent between the
0
Master Switch and the USER's environment. The CF W will use best efforts to restore access to
the USER as, soon as possible once the security breach, emergency, operational issue, or critical
inciftnt is resolved.
COWLL4NCE WITH LAWS
28. The USER shall comply with all current and future Federal, State, and Local laws,
Ordinances, and Mandates, "including Federal Co cations Commission rules and
regulations regarding proper use of radio commumCat ions equipment. ne USER will also
comply with the,guidelines, or procedures set out "'in this Agreement. Furthermore,the USER 'is
ible for enforcffig its, employees, directors, officers, agents.,
respons such comphance by *
authorized representatives, subcontractors, and consultants, for USER Subscriber Radio
equipment. Furthermore,the USER wM be responsible for payment of any fines and penalties
levied against the CFW (as the license holder) as, a result of "improper or unlawfal use of
Subscriber Radio equipment owned or leased by USEX
29. In order to comply with Federal, State, and Local Laws and/ 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 equapment m* order to meet these obligations.
For as long as this Agreement is M" force, the USER will allow the CF W to facilitate such
activities on USEIVs behalf as necessary.
3 0. In the instance where USE Subscriber Radio equipment is to be replaced in order to be M
complm" ce with Federal, State, and Local Laws and/or, Mandates, title and ownership of such
replacement Subscriber Radio equipment shall,upon delivery of Subscriber Radio equipment to
the USE R's site,pass directly to the owner,of the equipment that is be replaced. The USER,
shall provide the CF W, or its designee,with the Subscriber Radio equapment to be replaced,
good worlCmg order, as determined by the CF W or its designee. USE 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 Fobs cliber Radio equipment.
[End of Document]
City of Fort Wotth Communications System Agrccmcnt
City a,Texas
Page 11 of 11
M&C Review Page I oft
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDiA Fo RT Wo R7 H
COUNCIL ACTION.- Approved on, 3/25/2014
looll�ll�oull
REFERENCE 04CITY OF WATAUGA
DATE 3/2 14,15/20 **C-26724 LOG NAME: COMMUNICATIONS SYSTEM
AGREEMENT'
CODE.-I C TYPE.- CONSENT PUBLIC NO
HEARING,-
SUBJECT: Authorize Execution of a Communications System Agreement wi'th the City of Watauga for
11 -Way Public Safety Radio System at No, Cost to
Participation in the City of Fort Worth''s Two
the City of Fort Worth (ALL COUNCIL, DISTRICTS)
10101NH 11011
RECOMMENDATION
It is recommended that the City Council authorize the execution of a Communications System
Agreement with the City of Watauga for participation in the City of Fort Worth's Two-Way Public
Safety Radio System. The City of Watauga will reimburse its share of operations, and maintenance to
ensure no cost to the City of Fort Worth with annual reimbursement,estimated' to be approximately.
$261,496.001. In addition, the City of Watauga 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. I'n addition,, access to
the Fort Worth Public Safety Radio, System, by multiple jurisdictions. enhances the ability of
emergency responders to c,olmmunicate with one another when responding to incidents.
In March 2014,, the it of Watauga (Watauga) approved a Communications System Agreement to
operate on the City 1;s new digital Public Safety Radio System. Watauga will provide its own radios
and dispatch center, but will utilize the City's radio infrastructure for its public safety communications.
Watauga currently, utilizes the City's legacy radio system, and is scheduled to transition to the new
system in March 2014. Because the new system operates under different technical standards, a new
Agreement is required.
To ensure the software levels, of the radio systems remain current and under support, the City will
utilize a Motorola Software U'pgrad'e 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 Watauga allows the City tolinvonce Watauga for its share of the Motorola Software
Upgrade Agreement, as well as Watauga's annual subscriber fee which is estimated to be
approximately $26,496.00 annually.
FISCAL INFORMATIONXERTIFICATION:
The Financial Management Services. Director certifies that the Information Technology Solutions
Department is responsible for the collection and deposit of fund's due to, the City.
TO, Fund/AccountlCenters FROM Fu!nd/Account/Centers
li,ttp://apps.cfwnet.org/councii—Packet/mc,—review.asp?ID=.--I 9626&counci1date=-3/25/2014 4/2/2014
P168 4757'001 01046020 126,496.010
Subm'Itted for Ci Mangy er's Office by.-, Susan Alanis 801)
Prigina.fing Department Head.- Peter A n ers n (8781
Aftitional Information Contact.-, Steve Streiffert (2221)
Alan Girton (8484)
ATTACHMENTS
" _p Ye v iew.asp?ID= 9 26&coullc e= 25 2 14 4/2/2014