Resolution 2003-14
RESOLUTION NO. 2003-14 (R)
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF WYLIE, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL
COOPERATION AGREEMENT BY AND BETWEEN THE CITIES OF ALLEN,
FRISCO, AND PLANO, TEXAS AND THE CITY OF WYLIE FOR THE CITY OF
WYLIE'S USE OF THE TRUNKED RADIO SYSTEM OWNED BY THE CITIES OF
ALLEN, FRISCO, AND PLANO; AUTHORIZING EXECUTION OF THE INTERLOCAL
AGREEMENT BY THE CITY MANAGER OR, IN HIS ABSENCE, AN EXECUTIVE
DIRECTOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, authorizes governmental entities to contract with each other to perform
government functions and services under the terms thereof; and
WHEREAS, the City Council of the City of Wylie, Texas has been presented a
proposed Interlocal Cooperation Agreement by and between the Cities of Allen, Frisco,
and Piano, Texas, and the City of Wylie attached hereto as Exhibit "A", providing terms
and conditions for the use of the Cities of Piano, Allen, and Frisco's trunked radio
system by the City of Wylie; and <.
WHEREAS, the proposed Agreement serves a valid public purpose of interest to
the City of Wylie, in that the use of the radio system allows emergency personnel to
communicate thereby protecting the health, safety and welfare of residents; and
WHEREAS, upon full review and consideration of the Agreement, and all matters
attendant and related thereto, the City Council of the City of Wylie, is of the opinion that
the terms and conditions of the Agreement should be approved, and that the City
Manager or, in his absence, an Executive Director should be authorized to execute the
Agreement on behalf of the City of Wylie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS THAT:
Section I. The terms and conditions of the Agreement, having been reviewed
by the City Council of the City of Wylie, are hereby in all things approved.
Section II. The City Manager or, in his absence, an Executive Director, is
hereby authorized to execute the Agreement and all other documents in connection
therewith on behalf of the City of Wylie, substantially according to the terms and
conditions set forth in the Agreement.
Section III. This Resolution shall become effective from and after its passage.
DULY PASSED AND APPROVED this the 2200 day of July, 2003.
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APPROVED AS TO FORM:
J ut~ 1f. '~G~
Richard Abernathy, City Attorney
Resolution 2003-14 (R) page 2
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Jo n Mondy, Mayor
AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, PLANO AND THE
CITY OF WYLIE FOR USE OF THE ALLEN, FRISCO, AND PLANO 800 MHz
TRUNKED COMMUNICATIONS SYSTEM
The CITIES OF PLANO, TEXAS, ALLEN, TEXAS, AND FRISCO,
TEXAS, all municipal corporations, (hereinafter referred to as "Cities"), and the
CITY OF WYLIE, TEXAS, a home-rule municipality (hereinafter referred to as
"WYLIE"), agree as follows:
WHEREAS, the Cities and Wylie are political subdivisions within the
State of Texas, each of which engages in the -provision of governmental services
for the benefit of their citizens; and
WHEREAS, the Interlocal Cooperation Act under Chapter 791 of the
Texas Government Code (the "Act") provides authority for local governments of
the State of Texas to enter into Interlocal agreements with each other regarding
governmental functions and services as set forth in the Act; and
WHEREAS, the cities of Allen, Frisco, and Piano jointly own, operate, and
maintain an 800 MHz trunked communications system exclusive of the radios
owned individually by each city (hereinafter referred to as "System") for the
purpose of providing radio communications in support of its governmental
operations; and
WHEREAS, Wylie wishes to use certain portions of the System for its
governmental operations; and
WHEREAS, the use of the System in the provIsion of governmental
services benefits the public health and welfare, promotes efficiency and
effectiveness of local governments, and is of mutual concern to the contracting
parties; and
WHEREAS, Wylie and the Cities have current funds available to satisfy
any fees and costs required pursuant to this Agreement.
NOW, THEREFORE, the Cities and Wylie, for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows:
Interlocal Agreement Between the Cities of Allen, Frisco, and Piano and the
City of Wylie to use the Allen, Frisco, and Piano 800 MHz Trunked
Communications System
A: Standard Interlocal Agreement
Page 1
I.
TERM
The initial term of this Agreement begins on October 1, 2002 and ends on
September 30, 2003. Thereafter, this Agreement will automatically renew each
year without further action by the respective City Councils for a total of five (5)
successive one (1) year terms that commence on October 1 of each year and
end on September 30 of the year following each such respective renewal, unless
terminated by either a majority of the Cities or Wylie as set forth herein.
II.
OBLIGATIONS OF WYLIE
2.01 Wylie shall use the System in accordance with this Agreement to
provide integration of communications by Wylie between its users on the System
for governmental operations.
2.02 When using the System, Wylie shall abide by all applicable federal
and state laws and regulations, including any regulations of the Allen, Frisco,
and Piano Radio System. When Wylie uses the System for interoperability with
Talkgroups other than those provided for by this Agreement, Wylie will also
abide by the user rules of those Talkgroups.
2.03 Wylie must provide a written request to the System Manager to
activate radios on the System. Such request must include the model and serial
number of the radio, the name of the user, and identifying Talkgroups required in
the radio.
2.04 Wylie is responsible for furnishing all its radios, which are
compatible with the 800 MHz SmartNet Trunking system, and for the
maintenance of the same.
III.
OBLIGATIONS OF CITIES
3.01 The Cities will.lease to Wylie three (3) Talkgroups, which are a
primary level of communication for users on the System (hereinafter referred to
as "Talkgroup"), comparable to a channel on a conventional radio system, for
the exclusive use of Wylie. Talkgroups will be established for Wylie by Piano.
3.02 The Piano System Manager will not activate radios on Wylie
Talkgroups nor make changes to Wylie radios without first receiving
Interlocal Agreement Between the Cities of Allen, Frisco, and Piano and the
City of Wylie to use the Allen, Frisco, and Piano 800 MHz Trunked
Communications System
A: Standard Interlocal Agreement
Page 2
authorization from the designated representative of Wylie, unless in the opinion
of Piano, such action is necessary to eliminate harmful interference.
3.03 Piano is also responsible for:
(1) Coordinating Talkgroups into announcement groups;
(2) Grouping of Talkgroups to allow transmitting and receiving on all
associated Talkgroups (Announcement group), as required by
Wylie;
(3) The operation, maintenance, and control of the System.
IV.
FEES
The fees assessed against Wylie and due annually for services and use
of the System are as follows:
(1 )
(2)
(3)
*Lease radio airtime (per radio, per month)
Lease Talkgroup (per Talkgroup, per month)
Contract services (per month)
$7.50
$55.00
$84.00
*Includes Two Announcement Groups
None of the charges listed above include the cost of maintenance of mobiles,
portables, or control stations/points.
The Cities may increase these fees at the beginning of each renewal
period by an amount not to exceed seven percent (7%) of the previous year's
fees. The Cities will provide 120 days notice to Wylie before increasing the
fees.
Total Fees for Annual Service
The Cities will calculate the annual fee due based upon seventy-two (72) current
radio units in service and three (3) Talkgroups. This amount is subject to
change when Wylie adds or ,deletes the number of radios and/or Talkgroups in
service. Wylie must notify Allen, Frisco, and Piano in writing of any addition or
deletion of radios and/or Talkgroups.
Interlocal Agreement Between the Cities of Allen, Frisco, and Piano and the
City of Wylie to use the Allen, Frisco, and Piano 800 MHz Trunked
Communications System
A: Standard Interlocal Agreement
Page 3
V.
PAYMENT DUE
Wylie agrees to pay the Cities the annual fees specified under Article IV.
within thirty (30) days of the receipt of the invoice. Should Wylie add radios or
Talkgroups to the service within a term, Wylie agrees to pay the additional fee(s)
due within thirty (30) days of invoice. All payments for expenses incurred as a
result of the performance of this Agreement shall be made only from current
revenues legally available to each respective party.
VI.
TERMINATION
6.01 Termination of this Agreement may occur by any of the following:
(1) Either party may terminate this Agreement at any time by giving
ninety (90) days advance written notice. Wylie shall pay for all
fees incurred through the effective date of termination.
(2) If the Cities permanently discontinue the operation of its System,
this Agreement shall terminate on the date of discontinuance
without further notice.
(3) In the event of any default of any term, either party may forfeit this
Agreement at its discretion if the default is not cured within ten (10)
days of written notice.
VII.
RELEASE AND HOLD HARMLESS
Each party does hereby agree to waive all claims against, release, and
hold harmless the other party and its respective officials, officers, agents,
employees, in both their public and private capacities, from any and all liability,
claims, suits, demands, losses, damages, attorneys fees, including all expenses
of litigation or settlement, or causes of action which may arise by reason of injury
to or death of any person or for 1055 of, damage to, or 1055 of use of any property
arising out of or in connection with this Agreement. In the event that a claim is
filed, each party is responsibl,e for its proportionate share of liability.
VIII.
IMMUNITY
In the execution of this Agreement, none of the parties waive, nor shall be
deemed hereby to have waived, its sovereign immunity or any legal or equitable
Interlocal Agreement Between the Cities of Allen, Frisco, and Piano and the
City of Wylie to use the Allen, Frisco, and Piano 800 MHz Trunked
Communications System
A: Standard Interlocal Agreement
Page 4
defense to any form of liability. The parties by entering into this Agreement do
not create any obligations, express or implied, other than those set forth herein,
and this Agreement shall not create any rights in parties not signatories hereto.
IX.
ASSIGNMENT
Wylie agrees to retain control and to give full attention to the fulfillment of
this Agreement; Wylie cannot assign or sublet this Agreement without the prior
written consent of a majority of the Cities. Further, Wylie cannot sublet any part
or feature of the work to anyone objectionable to the Cities. Wylie also agrees
that the subletting of any portion or feature of the work, or materials required in
the performance of this Agreement, does not relieve Wylie from its full
obligations to the Cities as provided by this Agreement.
X.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between
the Cities and Wylie, and supersedes all prior negotiations, representations
and/or agreements, either written or oral. The parties may amend this
Agreement only by written instrument signed by Wylie and the Cities, except that
execution of an amendment for assignment or subletting only requires the
signature of a majority of the Cities.
XI.
NOTICES
Unless notified otherwise in writing, all notices required to be given to
either party shall be in writing and delivered in person or sent by certified mail to
the respective parties at the following addresses:
City Manager
City of Wylie
2000 Highway 78 North
Wylie, TX 75098
(972) 442-8120
Piano Representative:
Director
Public Safety Communications
City of Piano
P.O. Box 860358
Piano, TX 75086-0358
(972) 941-7931
Wylie Representative:
Interlocal Agreement Between the Cities of Allen, Frisco, and Piano and the
City of Wylie to use the Allen, Frisco, and Piano 800 MHz Trunked
Communications System
A: Standard Interlocal Agreement
Page 5
Allen Representative:
Frisco Representative:
Police Chief
City of Allen
305 W. McDermott
Allen, Texas 75013
(972) 727-0201
Police Chief
City of Frisco
8750 McKinney Road
Frisco, Texas 75034
(972) 335-5502
XII.
AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION
The undersigned officer and/or agents of the parties hereto are the
properly authorized officials and have the necessary authority to execute this
Agreement on behalf of the parties hereto. Cities have executed this Agreement
pursuant to duly authorized action of the City Council of Piano on ,
200_, the City of Allen on , 200_, and the City of Frisco on
,200_. Wylie has executed this Agreement pursuant to duly
authorized City Council Resolution No. 2003-14 (R) dated July 22,2003.
XIII.
SEVERABILITY
The provIsions of this Agreement are severable. If any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement is for any
reason held to be contrary to the law or contrary to any rule or regulation having
the force and effect of the law, such decisions shall not affect the remaining
portions of the Agreement. However, upon the occurrence of such event, either
party may terminate this Agreement by giving the other party thirty (30) days
written notice.
XIV.
VENUE
This Agreement and any of its terms or provisions, as well as the rights
and duties of the parties hereto, shall be governed by the laws of the State of
Texas. The parties agree that this Agreement shall be enforceable in Collin
County, Texas, and, if legal action is necessary, exclusive venue shall lie in
Collin County, Texas.
Interlocal Agreement Between the Cities of Allen, Frisco, and Piano and the
City of Wylie to use the Allen, Frisco, and Piano 800 MHz Trunked
Communications System
A: Standard Interlocal Agreement
Page 6
xv.
INTERPRETATION OF AGREEMENT
Although this Agreement is drafted by the Cities, this is a negotiated
document. Should any part of this Agreement be in dispute, the parties agree
that the Agreement shall not be construed more favorably for either party.
XVI.
REMEDIES
No right or remedy granted herein or reserved to the parties is exclusive
of any right or remedy granted by law or equity; but each shall be cumulative of
every right or remedy given hereunder. NO covenant or condition of this
Agreement may be waived without the express written consent of the parties. It
is further agreed that one (1) or more instances of forbearance by either party in
the exercise of its respective rights under this Agreement shall in no way
constitute a waiver thereof.
XVII.
SUCCESSORS AND ASSIGNS
The parties each bind themselves, their respective successors, executors,
administrators and assigns to the other party to this contract. Neither party will
assign, sublet, subcontract or transfer any interest in this Agreement without the
prior written consent of the other party. No assignment, delegation of duties or
subcontract under this Agreement will be effective without the written consent of
all parties.
EXECUTED this the 22nd day of July, 2003.
CITY OF WYLIE, TEXAS
BY:
Anthony Johnson
City Manager
APPROVED AS TO FORM:
Richard Abernathy, City Attorney
Interlocal Agreement Between the Cities of Allen, Frisco, and Piano and the
City of Wylie to use the Allen, Frisco, and Piano 800 MHz Trunked
Communications System
A: Standard Interlocal Agreement
Page 7
CITY OF PLANO, TEXAS
BY:
Thomas H. Muehlenbeck
City Manager
APPROVED AS TO FORM:
Diane C. Wetherbee, City Attorney
CITY OF ALLEN, TEXAS
BY:
Peter Vargas, City Manager
APPROVED AS TO FORM:
Peter G. Smith, City Attorney
CITY OF FRISCO, TEXAS
BY:
George Purefoy, City Manager
APPROVED AS TO FORM:
Richard Abernathy, City Attorney
Interlocal Agreement Between the Cities of Allen, Frisco, and Piano and the
City of Wylie to use the Allen, Frisco, and Piano 800 MHz Trunked
Communications System
A: Standard Interlocal Agreement
Page 8
ACKNOWLEDGMENTS
STATE OF TEXAS )
)
COUNTY OF )
This instrument was acknowledged before me on the day of
,200_, by ANTHONY JOHNSON, City Manager of the
CITY OF WYLIE, TEXAS, a home-rule municipal corporation, on behalf of such
municipality.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the day of
, 200_ by THOMAS H. MUEHLENBECK, City Manager of
the CITY OF PLANO, TEXAS, a home-rule municipal corporation, on behalf of
such corporation.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the day of
, 200_ by PETER VARGAS, City Manager of the CITY OF
ALLEN, TEXAS, a on behalf of such
Notary Public, State of Texas
Interlocal Agreement Between the Cities of Allen, Frisco, and Piano and the
City of Wylie to use the Allen, Frisco, and Piano 800 MHz Trunked
Communications System
A: Standard Interlocal Agreement
Page 9
ACKNOWLEDGMENTS
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the day of
, 200_ by GEORGE PUREFOY, City Manager of the CITY
OF FRISCO, TEXAS, a , on behalf of such
Notary Public, State of Texas
Interlocal Agreement Between the Cities of Allen, Frisco, and Piano and the
City of Wylie to use the Allen, Frisco, and Piano 800 MHz Trunked
Communications System
A: Standard Interlocal Agreement
Page 10