Resolution 2009-36 RESOLUTION NO. 2009-36(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF
PLANO, TEXAS, THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE,
TEXAS, AND THE CITY OF MURPHY, TEXAS FOR A JOINT RADIO
COMMUNICATIONS SYSTEM.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of Wylie, Texas, an interlocal cooperation
agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie,
Texas and the City of Murphy, Texas, for a Joint Radio Communications System, attached
hereto as Exhibit "A".
SECTION 2 This Resolution shall take effect immediately upon its passage.
DULPY PASSED AND APPROVED by the City Council of the City of Wylie, this the
8 day of December, 2009.
Eric Hogue, Ma
ATTEST TO:
F
(I tl
G
Carole Ehrlich City Secretary
�'"'�'O
�8�7�,
RESOLUTION NO. 2009-36(R)
Interlocal Cooperative Agreement
Joint Communication System
563458-1
AGR:EEMEIVT BETWEEN THE CITX OF PLANO, TEXAS,
AND THE C1TY OF ALLEN, TEYAS, TFIE CITY OF WYLIE, TE�AS
AND 'i'HE CITY OF 111URPHY, TERAS
FOR JO1N'l' FtAT)IO COMMLTNICATIQNS SYSTEM I
This Agreement is made betweenthe CITY OF PLANO, TEXAS, a home-rule municipal
corporation (hereinafter referred to as "Plano"), the CITY OF ALL,F,N, TEXAS, a home-ru;e
mm�icipal eorporation (hereinafrer refen-ed w as "Allen"), the CITY OF WYLIE, TEXAS, u
lzorne-mle municipal cor�aor�tion {herea7after refelred ta as "Wytie"}, and the CITY OF
:VIURPFIY, TEXAS, a horne-rule municipal wrporation (hereinafter refened to as "Murphy") as
Follows:
WFIF,REAS, the Interlocal Cooperdtion Aet, Chapter 79� of tl�e Texas Government
Code, as amended, authorius oovemmental entities to conuact with each other to perform
govemment functions and services under the terms tnereof; and
WI�REAS, Plano, Allen, Wylie and Murphy {hereinafter each individually referred to
as "Pzrty" and eolteetively refened ta as "1'arties") are political subdivisions withiu the SCate of
Texas and are all enga�ed in the provision of governmental services for the benefit of their
citizens; and i
I
WFIEIiEAS, the Partics desire to ent�r in±a an interloeal ab eement for the use of the
Plano/AIIen jointty owned radio system pursuant 4o Chaptar 79l of the Texas Government Code
(tlie "A�n and
WHEREAS, Yhe Parties have curcent funds avaiiabte to satisfy any feas and aoses
requiied pursuanC ta this Agreement.
NOW, TI3ERT'FORE, the Parties, ior and in consideration of the recitals set forth above
and tenns and condi�ions beiwv, agree as iollows:
I. TERn�[
This Agreement snall be automatically renewed annually for a period of terr {10} years in
order to a�law each :'arty the opportlmity to recover its investment, uniess tennin2ted earlier as
urovided herein.
II. PURF'OSE
The putpose of tkis Agreement between A11en and Plano identifies ruies for future
Tnfrastructure Members. 'Phese rules, alm7g with tha tenns spelled out in ehe PlanotAl?en ILA
attached hereto as Exhibit `.0.", address Wylie and Murphy's obligariorts in the jointty ov✓nea
radio system. 7"he cities ai' Murphy and 4Vpiie wiil b� exempt from user fees associated w�th
Icased airtime an �he new radio system. iv[urphy ard Wytie wiil jointly fund a radio technieian as
ir.dieated in this docuusenY. The cities o£ Ailen and Plano reserve the right to seek additionai
airtiive lease subscribers from odsern^.mtieipat a�1d private agencies within the coiporate limits c�f i
Wy1ie and Murphy. The revemie from any such additiona] subscribers will be held hy Plano and
Allen and used to support the joiutly o«�ned radio system infrastruoture. i
AGREEMENT PAGE1
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III. OBLIGAT[QNS OF THE PARTIES
A. I.'VFI2ASTRUCTURE
The cities of Murphy and Wylie each agrae to build a radio com�nunicatioos site in tl�eir
respecYive cities. The redio sifes will be constructed concunently with the Ptaz�a(Alien sites,
according to the specifications identifred in thc Plano Request for Proposal attached hereta as
PlanolRCC ExhiUit "B". Tlze esrimated completion dake is Decer.iber 26F6. Each site will house
transmitters and reoeivers as welt as microwave b4cl:haul for the purposes af simuicasting the
P]ano/Allen ;oint r2dio system. The citizs of M.�rphy and Wylie also a�ree to utilize either a
water tower or radfo eom�n�micatioas ta��ez of su�ficient heighY fo faoilitate the system operation.
Lach city also agrees to instalt the infrastructwe equipment in a hardened sheitec with either
emergency generator backup power along �vith uninterruptibte power supplies (UPS) or battery
oank systen Tha hardened shetter a�id back-up power system shall also be installed cor.currently
with the new radio sire. Sheltet� and power soecifications will be suppiied 4o fhe cities lsy tl�e city
of Plano as needed. All equipment pLircl�ased by each city will be individually owned and
mainiained by the purchasing member.
B. S[TBSCRISER UNITS-MOBILE AND PORTABLE RADIqS
The cities of Ylurphy and Wylie may utrlize any vendor of P-25 compliant radios tl�ey
choose. The cities of Murphy ard Wylie are responsible f'or all software ar.d hardware required to
pra�;a;n these subscriber units should tl�ey choose a diff'erent manufacturer from the cities of
Atlen and Ptano. Each city is responsible for the serviee agreement covering its su�scriber units.
C. JdINTLY FLJI'tDED SYSTEM TECHiVICIAN
In exchange far waiver of user fees historically charged to each agency ;or the use of the
PlanolAllen �adio system, tlie citizs of Muiphy and Wylie a�ee to each Pand one ha1F (Ya) o£ an
additinnal radio system technician separate from the PlanolAtlen technician. The ciYies of Murphy i
and Wylie also agree to share equatty in tha cosi of the service vehicle ex�abling rhe technician to
�erfom=. daily tasks. The city of Plano tivill perfoml routine maintenance on die jointly funded
technicians' vehicle such as oil enanges and inspections through the city of Plands Equipment
Services Divi�ioil. Estimated annual raises for the teclmi.cian shall not exceed 3'% of gross salaiy I
ailotted for Yhe posifion. The City of Plano wit] invoiee the oities of Muiphy a�d Wylie annually
for the salary of the joinYly funded technician. The iisvoice will include n�ry overtime expenses
associated with on-call activities oz other radio system retated repairs. T!�e Yunetion of this
Seoh�zician is to substitute for the cost of a manufacwrer's maintenance a� eement. Tbe first
invoice witl begii� on Octolaer I, 3010. The technician will perforni the duties of system
maintenance, alarm monitoring and emergency call-out functions for all members of the joinily
owned Plano/F�lien adio system. The technician wil] be stationed at fha Plano radio shop and will
be disputehed to jobs in a priwitized manner. T1�e technician wi11 be an employee oP the City of
Plano. Plano shatl be responsible for the hiring, supervising and perfonnance evaluation of the i
techniciai�. I
AGREENENT pAGE2
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D. PLANO/AT,1.,FN SERVTCES
The cities of 3'lano and Alleii each currently fwid ane ha]f ('hj share of a radio technician. I;
This parson is responsib7e for all pro�n of subscriber radios and basic system
maintenance. The city of Plano funds a radio system manager, radio system coordinator and an
administrative assistant as well as a 4000 sq. ft. radio shap facility. The Plano/Allen fimded
system technician and the jointly funded WylieJMurphy system technieian will share on-call
duries for the Parties Tl�e city of Plano aiso stocl.�s an emergency communications ;railez wath
crank-up radio tower, an ACU patching ctevice and a cacha of two-way radios for emer�ency use.
Infrastructure mernbers shall have aoeess to usa these servioes. i
E. RADIO SHOP
The ciry of Plano operates a radio shnp fnr Ylie mutual benefit c�f all users of the radio I
system. The �adio shop provides day-to-day system a8minish�ation as well as cenCralized shipping
and receivin� for all mobile and portable repairs. Wl�en radios return from repair, the radio stiop i
verifies Yheir opera[ron a��d programs tlie unit as required. The radio shop offers a drive-up ;ervice j
to assist in h radio issues in vehicles.
F. HOURS OF QPERATIt7N
j
The radio shop is generally apen Monday-Friday, from 7 a.m. to 4 p.m. If service is
required after liours, the on-call technician wi➢ respond. The radio shop rvill establish an on-call
rotation of Yechnicians for the Lnutua] benefit of the Farties. T1�ese technScians will he a Plano
technic:an, jaintly fimded P;anotAllen technician or the IvlmphyfWylie funded technician. After
hours, responses shall be limited to se��vice affecting system-v,�ide infrastructure or pnority-restore
iterns at dispatch centers, fire station alerting at the sole discretion of the Plano Radio Mar,agar.
Ntobile and portable service is not available after hours or weekeads.
IV. PAYMENTS AUE
All payments for expenses incaered as a result of the pe-formance of this .4greement shaq
be �nade only from current revenues legally available to each respective Pas*.y. The Ciry of P[ano
wi71 invoice Parties Por puyments due a! tP,e beginning of each fiscal year for which payment must
be remitted within thirty {30} days of receipt af invoice.
The Parties herein recognize thai tl�e continuation af any contract efter tlae close of any
giver. fiscal year, whioh tiscal ye2r ends on SeptemUer 30th of each year, shall be subjact to each
Party's City Couaeil approval. In tha event that az�y of the ParCies' CiYy Councils do not lpprave i
the appropriation of funds fm this Abmeement, the Aa cemenf shall temunate at the er.d of ihe
fiscal year for tvhich F�nds u�ere appropriated and the Parties shall have no further abligarions j
hereunder.
V. TERMiNATION i
I
This A�n�eement niay be term;nated upon ar.e (1)-year wricten notice fiom the Party
seeking termination to the other Parties. j
I
kGREEMENT PA(3E 3
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't'he Pa�ty tennina2in� this Agreement sHall reimbmse the remaining Parties for
recon�gurin� of the system, including, but not ]imited to microwave realignment and licensing
fees. No refund shatl be given for the technician's salary for the year.
VI. UISPUT� RESOLUT20N
In tlte event of a dispute regardin¢ any aspeet o£this Agreement, the dispute si�all be sant
f3rst to the Coordinating Committee for resolution and tUe Coardinating Committee sha11 act as
mediator. If .I�e Coordinadng Committee is unable ta apee on a resolution, then the dispute shall
be refeaed to a joint meeting of the City Managers of eaeh of the Parties. If the dispute cantir,ues
to remain unresolved after this process, Cl�e Parties shall refer the dispute to aut5ide non-binding
mediatiois for resoluEion pnor to engaging in litigatim�. All Parties shall share eq;tally in the cost
of a certified mediator and each Party sha11 be responsible for their own aCtorney fees.
VTI. GOVER]V11E`IT�L FLNCTION
The Parties l�ave determined by their execution of dlts A�reement that this A�reenient I
and the obligations of the Parties contained herein are in discharge of a governmental lunction as
set forth in the viterlocat Cooaerapan Act, and participatian in this Aa'eement �y one Paztv shall
not be construed as creating any I:.u1d of agency relationship, parknership, o� join[ enterprise j
between the Parties.
VT[i. RELEASE AND AOLD FIARD4LESS
TO THE ERTEN7' PERMITTED BY LAW, EACH PARTI` AGREES TO WAIVE
.4LL GLAItLi5 AG.AINST, TO RELEASE, .�ND TO FIOL,ll HARMLESS THE OTHER
PAKTY AN17 iTS RESPECTIVE OFFICTALS, ORFICEAS, AGENTS, EM.PLOYEES, IN
BOTH THELR PUBLiC A�VD PRIVATE CAPACITIES, FROM ANY AND ALL
LIABtI.ITY, CLAIMS, SUITS, DEMAIYDS, LOSSES, DA144AGES, ATTORIYEYS FEES,
INCLUBING AI,L E�PENSES OF LTTIGATION OR SETTLENkENT, OR CAUSES OF
AC'rION WHICH MAY ARISE BY RF,ASON pR INNRX T4 OR DEATH OF ANY
PERSON OR FOR LOSS OF, DAD4AGE TO, OR LOSS OF USE OF ANY PROPEKTY
ARISTNG vUT OF OR IN CONNECTION WITFi TFiIS AGRF,EMENT. IN T1iE EVEITT
THAT A CLAIM IS FILED, EACH PAE2TY SAALL BE RESPONSIBLE FOR ITS
PL20YORTIONATE SHAItE OF LIABILITY. ALLEl�', VJXLIE AiVTI MFTRPHY AGREE
TO WAIVE ALL CLA[MS AGAINST AND AOLD FIARMLE5S PLANO AND ALLEN LA' f
THE F.VENT OF EARLY TLRNIINATION OF THE AGREEMENT.
Ifi. INItViUNITY
I
In the execution of this Agreement, none of the Parties waive, nor shall be deensed
hereby 20 l�ave waived any uml�uniry or any le�al or equitable defense otheiwise availsbie againsC
ciaims arising in the exereise of goveinmental powets aud functinns. By entering inCO this
Agreement, the Parties do not create any abligations, express or implied, other [h�n those set I'orth
herein, and this Agreement does not create any rights in parties who are not signatories to this
Abn�eernent.
I
AGREEMENT PAGc4
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9SSIGNMENT AND SCtBLETTING
Wylie and Mmphy a�,rsee Co reta9�i coavol and to bive full attention to the fulfillment of
this Agreement, that this Agreement will not be assigned or sut�let without the prior �mitten
consent of the Parties, and that no part or f'eature of the �vork will be sublet to anyone
ohjectionable to the Parties. Wylie and Murphy fiarther agree that the performance of this
Ae eemene shall not relieve Wylie and Murphy from its full obligations to Plano and Allen as
provided by this A�,�eement.
XI. ENTIRE AGREEMENT
This A�neetnent represents the entire and integrated agreement Uetween Plano, Allen,
Wylie and Murphy and supersedes all prior negotiations, rep;esentations aad/or ap�eemen[s, I...
either wriCten or oral behueeii Plano/Allen and W'yliefMurphy. 'I'lus Agreement may be amanded
only by written instrument signed by Plano, Allen and Wylie and Muiphy.
RII. NOTICES
Unless notified othe,wise u� wrrting, all natices are requ'rred to be given to either Party in
writu�g and delivered in person c�r seiid via certified mail to the other Yarty at the foltowing
respectiv� addresses:
Plano Representative: hller= Represrntative:
CtTY OF PLANO C1TY OF ALLEN
Director of Public Safety Chief of Police
Con.munications Allen Po:ice Department
1520 K Avenue, Suite 610 2Q5 `vV. McDermott
Plano, Texas ?5074 Ailen, Texas 75013
(972}941-793Q {214}509-4200
t�Tylie Representative 114u�ny Representative
CITY OF WYLI� CTTY OF ivIUKPHY i
2000 H�nry. 78 North 206 N. Murphy Road
Wylie, Texas 75Q9S Murphy, Te�as 75094
XIIL AU'i'HORITY TO SIGNlCITY COUNCIL AliTH012IZATI0IV j
The undersigned officers andlQr agents of the Parties hereto are the properly authorized I
oificials or re��eseetatives and have the necessazy auihority to execu[e this Agreement on behalf
oFthe Parties here2o.
�IV. SEVERABILiTY
The provisions of this Agreement are severable. If any parauraph section, subdivision,
sentence, olause, or phrase of this Agreement is for any reason held to be contrary to the ]aw or
cortrary to any rule or re�ulation liaving the force and effecY of the law, suci� decisions sha11 nat i
affect the remaining portions of the A��eeinent. Hou+ever, upon the occunence of such event,
ei±her Party may terminate this Agreemei�C by givng the other party thirty {3Q) days written
notice.
AGREEMENT PAGE5
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XV. VENlJE
This Agreement and any of tits renns or prpvisions, as welt as flie rights and duties of the
Parties hereCO, shall be govemed by the 1aws of the State of Texas. 7"l�e E'arzies agree that this
A�eement s6a1] Ue enforceable in Coliin County, Texa,, and if legal and necessary, exclusive
venue shali lie in Collin County, Texas.
`;VI. IN'FERPRETATTON OF AGTZEEMENT
A(though this I�greement is diafeed by Plano, thi, is o negotiaCed dooument. Sl�ould any
part of this A�rreement be in dispute, die Parties agree tl�at the A�reement shall not be constnacted
more favorab;y to� any of the Partres.
XVti. ItEN1EDI�S
ATO right or remedy granted 6erein or rese:ved ¢c� flie Parlies is exclusive of any righC or i
remedy granted by ]nw or equiry,; but each sl�ail be cwmtlarive of every riglxt or reinedy given
hereunder. No covenant or condition oi this Ad eeinenY may be waived without che express
written consent of the Parties. IY is further agree� thaC one {l} ar more instances of faraearance
by either Parry in ?he exercise of ?ts *espective rights under this Agreement shall in no way
constitare a waiver thereo£
�VIiL SUCCESSORS AND ASSIGNS
The Patties each bind ihemseLves, their res,�ective successors, execufors, adminis4ators,
and assio s to Nia other Party to tl�is contracL Neither Party wiI1 assio sublet, subeontracf or
transfer eny intereat in tliis Agreemenf without the pnor written consent of the other Party. No
assignment, dele�ation of duties or suocoi�h-act e�nder rh=.s A�reement w�ll be effeetive wiYhout the
written consent oPall PazEies.
EXECIiTEll on the dates indieaYed below:
CITY OF ALLEN, TEXAS
DATL B Y:
PeterI�3. Vargas
City Manager
APPROVED AS TO FORM:
Peter G. Smith, City Attoniey i
I I
AGREEMENT PAGE6
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CITY OF WYLIE, TEXAS
DATE Bl':
Iv6ndy Mansan
City Manager
APPROVED AS'f0 FORM:
Courtaey Kiiykendall
CITY OF MURPHY, TEXAS
DATE BY:
7ame5 Fisher
City h4anager
APFROVED AS TO FORIv1:
CITY OF PLANO, TEkAS
i
I
i
llATE BY:
Ti�onlas II. Muehlenbeck
City Manager j
r1PPROVED AS TO FORtvi:
Diane C, Wetherbee, City Attorney
AGREEf.tENT PAGE 7
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ac►crrowL�ncmErrrs
STATE OP TG�AS
COUNTY QF COLLIN
This instrmnent was acicnowledged bef'ore me on ±he day of
20_, by PETER H. \'ARGAS, City iVIanager for the City of Allen, Teias, a home-rule
municipal corporation, on behaif of such mtmicipal corporation.
Notary Publie, State of Texas
STATE OF TE�AS
.I
COtJNTY OF COLLIN
This instrument was acknowledged bafore me on �he day of
20 by ;�iINDY �4ANS0\', City R4anager for the City of Wylie, Texas, a home-rute
municipa( cor�oration, on bellatf of suc6 munici}�al corporation.
Natary Public, S�ate of Texas
STATE 4F TEXAS
CpUNTY OF COLLIN
This insr.vmenf was aelrnowledged before me on the day of I
20 by JAMES RISHER, City A4ana;er for the City of Murphy, Tesas, a hor2e-cule i
municipat corporation, on behalf of such municipal corporation.
Notary Public, State of Texas
STATE OF TEXAS I
COUNTY OF COLLIti y C
This instrument roas acknowledged bet"ore me on the ciay of
3�_, by THOMAS H. MUEHI,EI�'BLCK, City Manager of the City of Plano, Texas, a
home-nde nzunicipal co�poration, on behalf af such mur,icipal corporation.
Notaiy Public, State of Texas
AGREEMEN7 PAGEB
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AGREEMENT BETWEEN THE CITY OF PLANO AND THE
CITY OF ALLEN FOR A JOINT RADIO COMMUNICATIONS SYSTEM
FOR MUNICIPAL SERVICES
This Agreement is made between the GITY OF PLANO, TEXAS, a home-
rule municipal corporation with the aufhorization of its governing body,
(hereinafter referred ta as "Piana"}, and the CITY OF ALLEN, TEXAS, a home
rule municipal corporation with the authorization of its goveming body,
(hereinafter referred to as °Allen") as foliows:
WITNESSETH:
WHEREAS, Plano and Ailen are political subdivisions within the State of
Texas, and each is engaged in the pravision af governmental services for the
benefit of its citizens; and
WHEREAS, the lnterlocal Cooperation Act, Texas Government Code,
Chapter 791, as amended {the "AcY') provides euthority for lacal governments of
the Stete of Texas to enter i�to interiocal agreements with each other for the
purpose of performing governmenfal fu�ctions and services as set farth in the
Act; and
WHEREAS, mu�icipalities owns and operates radio systems for the
purpose of providing radio communications in support of its governmentel
operations; and
WHEREAS, each of the municipalities has invesiigated and determined
that it wouid be advantageous and beneflcial tn the citizens within its respective I
municipality to jointly operate a radio system; and
WHEREAS, in o�der to provide ciependabielmission-critica! voice radio
service for use by each of the municipalities and its respecfive users, Pla�o �nd
Alien desire to enter into an Interlocal Agreement to provide a Joint Radio
Communications Sys.�m for Municipal Services (hereinaffer "Joint 5ystem"); and
WHEREAS, use of this Joint 5ystem will provide for system covarage for
each city te ensure safe, ef#ective and afficient comrr�unications, and benefit the
greatest number o� citizens both now and in the future; and
WHEREAS, this Agreement will provide the framework for administering i
the Jaint System, and the cos!s associated with implementation, mainte�ance
and ope�ation of the Joint System distributed among Plano and Ailen.
intedocaf Agreement Beiween the City of Pianp and the
City ot Ailen for a Joint Communications System Page 9
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iiz7izoos PA�E OF
NOW, THEREFORE, Plano and Allen (hereinafter coNectively referred to
as "Party" or Parties"), �or and in cansideration af the mutual benefits and
obligations set forth in this Agreement, agree as foliows
I.
ADMINISTRATION OF THE JOINT COMMUNICATIQNS SYSTEM
1.Q1 Coardinating Committee. Operatior, administration and po(icy
developmeni of the Joint System shaii be the responsibility of a Coordinating
Committee, camprised of one i) member from each City, appointed by the
respective City Manager (hereinafter °Coordinating Committee"}. Additional ex-
officio members may be selected by the City Managers fa service on the
Coordinating Committee and to assist the Committee, out shail have na voting
authority.
The Coordinating Committee's duties will be to make recommendations to
the respective Parties' governmental bodies o` system changes, upgrades,
additional uses and any other aspects of the Joint System, Payment of Monies
pursuant to the terms and obligations of this Agreement must be approved by the
governing bodies or their designees of each oi fne Parties as required by their I
respective Cify Charters and ordinances Administrative decisions may be made
by the Coordinating Cammittee as ailowed under Section VII. and Sectio� 1. j
1.02.
1.�2 Technicai Commiftee A committee of technicai personnel shall II'
be selected to advise the Coordinating Committee (hereinafter "Technical
Committee"}. Each City's Coordinating Committee member shall be able to
appoint up to four (4) persons to serve on the Technical Committee.
Technical Standards for the operation of the Joint System shall be
developed by the Technicai Committee and approved by mutuai agreement of
the Coordination Committee. Once approved, these standards must be
compatible with existing equipment and may not violate any of the terms of this
agreement or of any existing mainte�ance or hardware agreement.
il.
FUi'URE EXPANSION OF THIS AGREEMENT I
2.01 Parties to this Agreement. All third parties who are serviced by
the respective radia systems o` Plano and AIIen at the time of signing of this
Agreement may participate in the Joint System created by this Agreement
However, for purposes of this Agreement, including its intended operation and
efiect, the Parties specificaily agree and contract that: (1} this agreement oniy
Inlerlocai Agreement 9etween the City of Plano and the
City oi Allen for a Joint Communications System Paye 2
S:iRadlo�4greementslv2 interlocal agreeme�t between allen and plano.doc EXHlBlT
ii2�rzocs PAC�E Of 3.
affects the Parties hereto, and is in no way intended by the Parties to benefit or
otherwise affect any third person or entity not a qarty hereto, notwithstanding the
fact that such third person or entity may be in a contractual relationship with
Plano or Allen, either individuaily or collectively; and (2} fhe terms af this
Agreement are not intended to release, either by contract or operation of Iaw, any
third person or entity from obligations owed by them to any of the Parties or to
create any rights for the benefit of third parties, uniess expressly provided herein.
2A2 Addition of Users. Upon the approval of the Paeties, this
Agreement may be amended by written agreement so that additional users may
utiiize the Joint System under the terms and conditions acceptable to ali Parties.
In addltion to any other abligations, any third party added to the Joint
System shaii also be required to pay a rate estabiished by the Coordinati��g
Committee, and if required by Charter or ordinancs, approved by the respective
governing bodies of Plano and Allen.
I!L
OWNERSHIP INTERESTS OF THE PART{ES
3.01 Radio License Modification. Within ninety (90) days of execution
of this .Agreement, the Parfies agree to make appiication to transfer their
respective individually owned Federai Gommunications Gommission (FCC)
Iicenses to the City of Plano Radio Manager, far singls entity titling, as required
oy FCC standerds.
3.02 Hardware Software. Each Party shall retain individual ownership
of its respective hardware and software purchased prior to, or as a part of this
Agreement. All communications and operating equipment owned by each Party
will continue to be separately owned by such Party.
3.03 Recommenc+ations regarding changes, u�igrades, and maintenance
costs for the Joint System will be made to t�he Goordinating Committee for joint
resolution and policy determination.
IV,
FINANCtNG AND INFRASTRUCTURE COST SHARING
4.D1 c�ch Party incurring costs has the sole responsibility to make
payment to Vendors providing eq�ipment and services for the Joint System to
that Party. in no event shail any Party 6e held liable for debts incurred by any
other Party as a result of expenditures made pursuant to this Agreement.
!ntedocal agreemeni Be(ween lhe City of Piano and the
City ot Rlien for a Joint Communications System ���n'
S:\RadiolAgresments\v2 intorlocai agreement 6etween allen and plano.doc pA�E OF I
1/2,'/2009
I
4.02 Fuli Time Radio 7echnician. Plano and Ailen shall jointly fund a
full time radio technician. The technician will provide programming service and
maintenance of radios on the system. ?lano shall provide tfie necessary ot`fice
space, supplies, equipment and training for this technician. The salary and
benefits cest for fhe technician shall be divided equally between the Gities of
Plano and Rllen.
Associate members shall fund a second technician in a similar manner. Ths
purpose of the second technician is to offset the costs of an annual maintenance
agreement Fhe shared casts of the technician by the associate members are
expected to result in a costs savings over the typical manufactures' maintenance
agreement. The technician wili be stationed at the City of Plana radio shop and
assigned maintenance and repair �asks in a prioritized manner. The technician
will also provide after hours call aut service for the radio system and dispatch
agencies. The technician wiI( be on-cali after hours, holidays and weekends ior
members and associate member agencies. I
4.03 Comprehensive Maintenance Agreement for Equipment. The
Parties agree that consistent with and tn the extent al{owed by all laws governing
purchases made by municipalikies, they will enter into one comprehensive
subscriber unit maintenance agreement for the Jaint System. Each Parky shall
pay its respective share of the cost of the maintenance agreement directly ±o the
manufacture. The radio shop wifi proviae shipping and receiving point for alI
agencies. Tnis ensures proper programming, database maintenance and faulf
analysis trends.
4.04 Subscriber Revenue Fund. The Parties agree that there will be
participants who receive beneficial use of fhe Joint System although not a party
hereta. �he ?arties agree to charge participants a reasonable fee, as set by the
Coordinating Committee, for this use and such fees shali be remi#ted to Plano for
the benefif of the parties to this Joint Agreement. Plano shali establish s fund,
which shali be used as recomrnended by the Coordinating Committee and
approved by each Parties goveming body. These funds sha8 be used to pay
expenses associated with the operafion of the joint radio system. Any additionai
monies or fees snall be used for sepairs, upgrades or other enhancements to the
Joint Sysiem. Plano's share of the func shali be 2i3 and Ailen will retain 1/3. I
4.05 Associate Members. Any city wha builds infrastructure such as a
tawer with commu�ications �epeaters and backhaul infrastructure connected to
the PianolAlien system will be considered associate members. Other cities may
request to join the system in the future. Their participa*.ior. wiU require approval by
all owners and members of tne radio system. Future members will be required to
meet the minirnum system requirements for site hardening, maintenance and
reliability as defined by the system owners. Associate members are required to
intedocai Agreement 6etween the City of Plano and tho
City at Al;en for a Joint Communications System p�(�}'(
S:�RadioWgreemen!s1v2 interlocal agreement betwean ailen and piano.doc PAGE 0 3"
1127l2009
support the existing radio system infrastructure by particioation in funding the i
joint system technician. Associate members may avoid the monthly airtime and
talk group charges, However, this benefit includes oniy the city and ifs internal
departments. Agencies who may choose to migrate along with an associate
member are required to pay airtime or monthly fees.
F
interlocai Agreement Between the City of Plana and the
City of Allen for a Joint Communications Sysiem P�gQ n g'T
S:\Radio�Agreementslv2 interincal a9reement between allsn and plano.doc CACII
Ttz��zoos PAGE 06 i
V. 'i
JOINT SYSTEM USE AND 3TANDARDS
5.D1 Rules. To maintain an effective and safe system, the following
rules shaii appiy:
a. Taik groups. A taik group is compara6ie to a"channel" used on a
conventionai system. The term "taik group" shall mean a group of radio
users in a common functionai responsibility that �ransrnit and talk among
themselves. The number of talk groups that each Party to this Agreement
rnay maintain shaii not exceed fifteen percent (15°l0) of the total number of
their respective subscriber units as hereinafter defined. For example, a
city wifh 5C0 subscriber units shali have no more than 75 talk groups. The
number taik graups used by third parkies shall be deiermined by the
Coordinating Committee.
b. Subscriber Units. Subscriber Units are individuai radios. There
shall be no lirnit on the number of Subscriber Units tha# ary of the Parties
utilize on the Jaint System.
c. Equipment. No Party shall purchase, ins!ali or use equipment an
the Joint System, uniess such use is approved by the other parties in
writing. ff at the time of signing of this Agreement, aRy Party hereto does
nat have fu!ly type-accepted equipment, such Party shall replace such
nonconforming equipment with conforming equipment. All subscriber units
shall be equipped with P-25 phase 1 or phase 2 digital architecture.
Additionaliy, agencies may request subscriber units that are backwards
compatible to Motorola Privacy Plus Smartnet systems for interoperability
with other agencies.
d. Patching. Cross connecting or patching of radio, talk groups to taik j
groups or channels on other radio systems shal; be done only as
necessary far a specific event or emergency. Cor.tinuous patching to other
systems or agencies requires the prior written approval of the coordinating
comrnittee.
5.02 Joint System Priorities. The Parties agree that radio transmissian
for the Joint System is as follows from highest to least pnority:
1. Emergency Activation i
2 Community Warning Systems
3. PolicelFirelEMS
4. Non Pubiic Safety— Special Events
5. Non Public Safety Schools
Interlocal Ayreement Beiween the City oi Blano and the
Clty of Ailen for a Joint Communica6ons Sysiem P�p�
S�.\RadioV{greemeotslv2 interiocai agreement between allen and plano.doc j
rrz�rzoos PAGE QF
6. Non Public 5afety
VI,
ACQUISITIONIDISPOSITION OF ASSETS
i
Assets acquired under this Agreement 6y each Party must be acquired
and disposed of in accordance with applicabie law and the Parties' respective
City Charters. Proceeds for assets shall be divided in aecordance with the same
procedure required for cost sharing applied to the parties at the time the asset
was acquired. For exampie, each Party shail receive a percentac�e of the
proceeds. 7he percentage received by each Party shali be based upon the
amount af money paid by such Party individualiy after tne initial investment i
identified in this Agreement. This amount wouid be proportionate to the total
amount of money paid by the Parties after such initiai investment.
I
i
Each Party paying fa assets to be acquired or makirg any type of
oayment pursuant to this Agreement shail make such payments from current
revenues fegaily available to that respective Party.
VIL
SYSTEM MANAGEMENT AND OPERATIdN
The City of Piano shaii perfcrm the day to day operaiion and managemeni
of the Joint System. Policies and procedures for specific management issues
shall be pre-determined and approved by the Coordinating Committee. The
Coordinating Committee shall make ali decision regarding matfers other than the
day to day operation and management of the Joint System.
Vtll.
TERMINATION OF THE AGftEEMENT
i
This Agreement shali be automatically renewed annually for a periad of
ten (10) one year terms in order to allow each Party the opportunity to ;ecover i
their investment, unless terminated earlier as provided herein. Shouid i
circumstances exist that require one or more parties to terminate this Agreement,
±hen such termination shall be with the foilowing conditions
This Agreement may be terminated upon one (1) year written no#ice from
the Party seeking termination to the other Party. Upon termir,ation, the Party
terminating shall be entitled to seek an FCC iicense with the same frequencies
which the Party had prior to the execution of this Agreement.
Reimoursement The Party terminating this Agreement shall reimburse
the remaining Parties for investments made during the period cf this Rgreement
intedooal Agreement Beiween tbe City ef Piano and the
City of Al�en for a Joint Communications System L
SlRadiolAgreementslv2 interlocai agreement between alien and plano.doc
,�znzoos PAC�E OF
for the Joint System by repaying a percentage of the investment attributal�le to
the upgrades provided to the Party seeking termination.
a. Upon termina#ion occurring during years 1 through 4 of this
Agreement, the terminating Party shali reimburse the Joint System for
75% of the investment, i.e., enhancements, upgrades and other
expenditures attributable fo the use of the Joint System by the terminating
Party up to the date of termination,
b. Upon termination occurri�g during years 5 through 7 of this
Agreement, the terminating Party shali reimburse fhe Joint System for
5d% af the investments, i.e., enhancements, upgrades a�d other
expenditures attributabie to the use of the Joint Sysfem by the terminating
Party up to the date of termination.
c. Upon termination occurring during years 8 through 10 of this
Agreement, the terminating Party shall reimburse the Joint System for
25% of the invesfinents, i.e., enhancements, upgrades and other
expenditures attribufable to the uss of the Joint 5ystem by the terminating
Party up to the date of termination.
IX.
RE�EASE AND HQLD HARMLESS
Each of the Pariies does hereby agree to waive ail claims against,
release, and hold harmiess the other Party and their respective officials, oTficers,
agents, represeniatives, and empioyees, in both their public and private
capacities, from any and ali Iiability, claims, suits, demands, iosses, damages,
attorneys fees, and costs, including ail expanses of Iitigation or settlement, or
causes of action which may arise by reason or injury ta or death of any person or
far loss of, damage ta, or loss of use of any property arising out of or in
connection with the acts or omissions of their respective officiais, officers, agents,
rspresentatives, and ernpioyees reiated to or arising out of the performance of
this Agreemert. In the event that a claim is tiled, each Party sha11 be responsible
for its proportionate share of liability. The Parties agree that each shaii be liabie
only for damages, including attorneys fees and costs, reiated to or arising o�t of
the intentionai or negligent act or omission of their respective officials, officers,
age�ts, representatives, and employees in the periormance of this Agreement.
X.
tMMUNiTY
It is expressiy understood and agreed that, in the execution of this
Agreement, na Party waives, nor shali be deemed hereby to have waived any
immunity or defense that would otherwise be availabie to it against ciaims arising
inierbcal AgreemeN Between the City of Plano and the
City ot Allen for a Joini Communications System ��,g@��
S:\RadioWgreomentstv2 intedocai agreerner,t between a�ien and plana.tloc httl
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in the exercise of governmental pawers and functions. Sy entering into this
Agreement, the Parties do not create any obligations, express or implied, other
than those set forth herein, and this Agreement shalf �ot create any rights in
parties not signatories hereto.
xi.
ASSIGNMENT AND SUBLETTING
The Pa�ies shall not assign, su6iet, subcontract or transfer any interest in
the Agreement without the prior written conser.t of the other Parties. No
assignment, delegation of dufies or subcontracf under this Agreement will be
effective without the written consenf of the Parties.
XII.
ENTtRE AGREEMENT
This Agreement represents the entire and integrated agreeme�t betweer
P(ano and Allen and supersedes ail prior negotiations, represenfations andfor
agreements, either written or aral with regard to the subject matter hereof. This
agreemant may be amending and madified only by written irstrument signed by
all Parties.
XIIL
NOTICES
Urless notified otherwise in writing in accordance with this sectior all
notices required fo be given to any Party hereto shal� be in writing and de{ivered
in person or sent by certified mail, retum receipt requested, to the respective
Parties at the following addresses:
Alten Representative: Plano Representative:
Ghief of Police Director of Pubiic Safety
Allen Police Department Communications
Three Rlle� Civil Plaza 1520 K Ave�ue
Allen, Texas 75013 P;ano, TX 75086
(97Z) 727-0200 {972j 941-7930
x�v.
AUTHORITY TO 5[GNiCITY COUNCIL AUTHORIZATION
The undersigned officer andlor agents of the Parties hereto are the
properiy authorized officials and have the necessary authority to execute this
Agreement on behalf of the Parties hereto. Plano has executed ttiis Agreement
pursuant to duly authorized action of the C;ty Council on
In;adocal Agreement 8etween the Cify of Piano and the
City of Allen ior a Joint Cornmunica[ions System f?aae'e!T
S:lRadiolAgreementslv2 in!eriocai agreement beiween ailen and plaro.doc CA77 n
�tvrzoos PAGE OF
Ailen has executed this Agreement pursuant
to duly authorized actian of the City Council on
XV.
SEVERABILITY
The provisions of this Agreement are severable. (f any paragraph,
section, subdivision, sentence, dause, or phrase of this Agreement is for any
reason heid to be contrary to the !aw or contrary to any rufe 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 eve�t, a�y
Pariy may terminate this Agreement by givfig the other Parties thirty (30) days
written notice.
XVL
VENUE
This Agreement and any of its terms or provisions, as well as the rights
and duties of the Parties hereto, shali be governed by the laws of the State of
Texas. The Parties agree that this Agreement shall be enforceable in Coilin
County, Texas, and, if iegal action is necessary, exciusive venue shall iie i� I
Gollin County, Ter.as.
XVIi.
WTERPRETATION OF AGREEMENT
This is a negotiated document Shauld any part ot this agreement be in
dispute, the Parties agree that the terms and provisions of this Agreement shall
not be construed more favorable for or strictly against any Party.
XV11I.
REMEDIES
No right or remedy granted herein or reserved to the Parties is exclusive
of any right or remedy granted by iaw or equity; but each shall be cumulative of
every right or remedy given hereunder. No covenant or cond'ttion of this
Agreement may be waived withaut the express written consent of the parties. It
is further agreed that one (1) or more instances of forbearance by any Party in
the exercise of its respecfive rignts under this Agreement shaii in no way
canstitute a waiver thereof.
XIX.
SUCCESSORS AND ASSIGNS
i
interlocal AgreemeN 6etween the G'ity of P:ano and the
City of Allen for a Joint Communications System Pag.q,�
S\RadioV+greementsW2 interloczi agreeme�t betwesn alisn and piano.dx C�
vz�rzaos PA6E OF
The Parties bind themselves, their respective successors, executors,
admi�istrators and assigns, to the other Parties to this cantract. References in
this Agreement to Piano and AIIen whether individualiy or coliec#ively, inciudes
the successors and assigns of each of fhe respective Parties.
XX.
DISPUTE RESOl.UTION
!n the event of a dispuie reoarding any aspect of this Agreement, the
Coordinating Committee shall act as mediator. If the Coordinating Committee is
unable to agree on a resolution, then the issue shall be referred ta a joint meeting
of the Giry Managers of.each of the Parties. 1f the matter continues to remain i
u�resolved after this process, the Parties shall r=fer the matter to outside
mediation for resoiution prior to engaging in litigation.
XXL
GOVERNMENTAL FUNCTION
The Parties have determined by their executinn of this Agreement that fhis
Aareement and tne obiigatiorts of the Parties contained herein are in discharge of
a governmental function as sef forth in the Interiocal Cooperation Act, and
participation in this Agreement by one Party shali nof be construed as creating
any kind of agency relationship, partnership, or joint enterprise between the
Parties.
XXII.
NEADINGS
The headings of this Agreement are ror convenience of refere�ce oniy and
shall not affect in any manner any of the terms and conditions or'this Rgreement.
XXfli.
DUPLICATE ORIGINAL DOCUMENTS
This Agreement will be executed in two identical counterparts, each of
which shall be deemed an original for a(I purposes.
EXECUTED this day of 2009.
CITY OF PLANQ, TEXAS
BY:
Thomas H. Muehierbeck
Irte�bcai Agreement 6etween the City oP Piano and the
City of Rllen for a Johit Communications System P�g� ,jB
S:\RadiolAgreementslv2 intedocai agreement between allen and plano.doc tJ�fi
v rz�izoos PAGE _[L QF
City Manager
APPROVED AS TO FORM:
Diane C. Wetherbee, CITY ATTORNEY
C(TY OF ALLEN, TEXAS
B Y:
Name:
Title:
APPROVED AS TO FORM:
I I
!nterioca! Agreement Beiween ihe. City of Pfano antl the
City of Alien for a Joint Gommunications System Page 12
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ACKNOWLEDGMENTS
STATE OF TEXAS j
COUNTY OF COLLIN
This instrument was acknowledged before me on the day of
2009, by THOMAS H MUEH�ENBECK, Cify Manager
of the CITY OF PLANO, TEXAS, a home-ruie munic+pality, on behalf of such
corporatian,
Notary Pub(ic, Siate of Texas
STATE OF TEXAS
COUNTY OF COLLIN
This instrumenf was acknowiedged before me on the day of
20Q9, by
of the CITY OF ALLEN, TEXAS, a home-rule
municipality, on behaif of such Municipality.
Natary Pubiic, Stete of Texas
Interlocal Agreame^�t B�iween the City of Pla�o and fne
City of Allen fqr a Joint Communica6ons System Paye 13
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