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11-21-1995 (City Council) Agenda Packet WRe City Council £Mgetin8 Xpwmher 21 , 1995 AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex Tuesday, November 21 , 1995 7:00 p.m. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ACTION ITEMS 1. Discuss and Consider Approval of Contract with Motorola for 800 MHz Radios 2. Discuss and Consider an Interlocal Radio System Usage Agreement with Collin County to Operate 800 MHz Radios STAFF REPORTS CITIZEN PARTICIPATION WORKSESSION 3. Update & Review of Fire Department Issues ADJOURNMENT Posted on this the 17th day of November, 1995 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD 442-8170 Wylie City Council Agenda Communication for November 21, 1995 it I Approval of Contract with Motorola for 800 MHz Radios ISSUE: To discuss and consider approval for the purchase of a new 800-megahertz radio system for Police and Fire communications. BACKGROUND: The City of Wylie Police and Fire Departments currently operate on a low band, one channel, single antenna radio system. A new 800-megahertz, high band, multiple channel and multiple antenna radio system is proposed as a replacement. The City has solicited and received a proposal from Motorola Corporation to provide this new system. The City of Wylie, as a member of the Collin County Governmental Purchasers forum, is able to purchase the radio system under the terms of a cooperative contract previously awarded by the Commissioner's Court of Collin County. Provided herewith in Motorola's list of proposed equipment and contract pricing, which includes installation and programing. Use of the dedicated high band frequency of the new system would eliminate the problems of air time competition, interference, and "dead spots" commonly experienced with the low band system. This new system will break down the communications barriers that exist today. We are better equipped to protect the safety of our Public Safety Officials. During times of emergency, i.e., natural disasters, back up for police or mutual aid for the Fire Department, departments can communicate directly. The high band mobile and hand held radio units currently used by Police and Fire Personnel would be reassigned to Public Works, Parks, Utility Billing, Community Development and Animal Control. The departments are currently using a low band frequency which is shared with and widely used by other smaller governmental entities in the area, especially volunteer fire departments. Some additional high band radios and bases would be required to complete the upgrade of Public Works and other departments. The costs of this additional equipment would be approximately $3,470.00. The low band equipment currently being used by non-emergency city departments can be sold by bid to area fire departments and individual volunteers. These proceeds could be used to off set the $3,470.00 cost. FINANCIAL CONSIDERATIONS: The total cost of the system is $99,368.00. The purchase of the 800-megahertz radio system was approved by Council in the Fiscal 1996 budget at a projected cost of$100,000.00. The operating budgets for Police and Fire include $62,100.00 and $37,900.00 respectively for this purpose. The costs to complete the high band upgrade for Public works, et.al., would be offset by revenue from the sale of the low band equipment, but would probably require a midyear budget adjustment for most of those departments. RECOMMENDATION Staff recommendation is for Council to approve the proposed purchase of an 800 megahertz radio system under the Collin County contract with Motorola Corporation, for a total purchase price of$99,368.00. ATTACHMENTS Motorola Proposal and Mike Phillips' memo re: high band radio system. • Prepared By Fina Dept. Appro I City Manager Approval Address Reply to: P.O. Box 819049 Dalias,TX 75381 MOTOROLA (214)888-6700 Communications and Electronics Inc. September 26, 1995 Jim Holcomb, Purchasing Agent City of Wylie 2000 Highway 78 North Wylie,Texas 75098 Dear Jim, Attached is the final equipment list and pricing for the new Police and Fire Systems,per previous discussions with the City of Wylie. As you know,the City is allowed to purchase the equipment at the same price levels as the Collin County RFP, 93-10-005. Motorola's standard warranty of one year parts and 120 days labor will apply to your equipment. We will quote you an extended maintenance contract during installation and acceptance of your system. Delivery is twelve weeks ARO. Terms of payment are net 30 days. We sincerely appreciate your continued interest in Motorola and look forward to working with the City of Wylie on this project. Very truly yours, MOTOROLA Dean Hawks Account Manager 1301 E. Algonquin Rd., Schaumburg, IL 60196 CITY OF WYLIE QTY. DESCRIPTION PRICING Console Equipment $14,621.00 Install 3 Control Stations 2,974.00 Remove P.D. Radios 590.00 Console Total $18,185.00 Police 10 Mobiles with antennas, programming, installation 24,267.50 16 Portables with programming 19,200.00 4 Batteries and chargers 680.00 Fire 6 Mobiles with antennas, programming, installation 14,560.50 13 Portables with programming 15,600.00 2 (EOC) Desk Sets; installation 1,250.00 15 Minitor II Pagers 5,625.00 System Total $99,368.00 Memorandum from the desk of Mike Phillips,Director of Community Development ✓k TO: Mike Collins, City Manager DATE: October 20, 1995 RE: High-Band Radio System With the conversion of the Police and Fire Departments to the new 800 megahertz radio system, the following is a plan for the re-use of their current high-band radio system. The other City departments are using a low-band radio system and they would benefit from the use of the high-band radio system. The high-band radio system uses a repeater which will allow for better coverage and transmission for the other departments. Being on a dedicated frequency will reduce competition for air time and help eliminate the problems with interference with other area users of the low-band radio system. Many area volunteer fire departments use this low-band system and with the other City departments using the same system, sometimes conflicts for air time arise. Those same area volunteer fire departments would also be an excellent source of revenue when it comes time to sell the low-band radios. These departments could purchase our surplus to better equip members of their groups. The money from the sale of the equipment would more than offset the added cost of the equipment needed to fully convert the rest of the City departments to the high-band system. The distribution of equipment needed by the departments of the City of Wylie is as follows: Community Development Utility Billing 4 hand-held units 2 vehicle-mounted units 1 base remote 2 hand-held units 1 base station Public Works 9 vehicle-mounted units Parks 3 hand-held units 3 vehicle-mounted units 1 base station 3 hand-held units Animal Control 1 vehicle-mounted unit 1 hand-held unit Total Available Units 14 vehicle-mounted units 11 hand-held units w/chargers Total Units Needed 15 vehicle-mounted 13 hand-held 2 base conversions 1 base station Total Units Requested 1 vehicle-mounted units @ 575.00 $575.00 2 hand-held units w/chargers @ 475.00 $950.00 2 base conversions @ 385.00 $770.00 1 base station, 4 channels w/base mike @ 725.00 $725.00 Antenna and modulation adjustment @ 30.00 $450.00 TOTAL $3,470.00 The Total Units Needed column indicates the equipment the City departments will require to best equip their personnel. The Total Units Requested figures indicate the costs of the equipment needed to fully implement the changeover. Most of the installation of the equipment would be done in-house. Antenna and modulation adjustment will be done by a local communications shop. Any cost that was incurred would be covered by the resale of the replaced low-band radio equipment. c: Brady Snellgrove, Finance Director Jim Holcomb, Purchasing 42 Wylie City council Agenda Communication for November 21 , 1995 Interlocal Agreement Radio System Usage Agreement ISSUE: To discuss and consider approval of an interlocal radio system usage agreement between the City of Wylie and Collin County. BACKGROUND: The terms and conditions of the agreement are as follows. The City of Wylie will have usage of the system with no cost to the City. Collin County will be responsible for the maintenance of the system. The City of Wylie will be responsible for the purchase of their own radio equipment. The length of the agreement will run for five (5) years at which time the agreement can be renewed. FINANCIAL CONSIDERATION: There will be no cost to the City of Wylie. RECOMMENDATION: Staff recommends that the interlocal agreement between Collin County and the City of Wylie be approved. Prepared By Finan Dept. Appro al City Manager Approval INTERLOCAL RADIO SYSTEM USAGE AGREEMENT This Agreement is made and entered into on this day of , 1995 by and between the County of Collin ( "Collin County" ) and the City of Wylie, Texas ( "Wylie" ) . WHEREAS, Collin County is the owner of an 800 Megahertz radio system ( "the System" ) which currently has additional capacity that Wylie would like to use; and WHEREAS, Collin County and Wylie wish to enter into this Agreement to provide for the use of the additional capacity of the System by Wylie under such terms as will not interfere with the use, ownership or operation of the System by Collin County; NOW, THEREFORE, under the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, Collin County and Wylie, for the mutual consideration hereinafter stated, agree as follows : Section 1 . Effective Date; Term. The effective date of this Agreement shall be , 1995 (the "Effective Date" ) . The initial term of this Agreement shall be for the period of five (5) years from the Effective Date through and including , 2000, unless sooner terminated as provided herein. Section 2 . Duties of Collin County. Collin County agrees to permit Wylie to operate radios on the System. Collin County agrees to provide three (3) talkgroups for use only by the Police Department and Fire Department of Wylie. Collin County will authorize a maximum of seventy-five (75) subscriber radios on the System. Collin County will provide system management for the System which will include operation, maintenance, and control of the System. Collin County will not activate radios on the Wylie talkgroups nor make changes to the talkgroups of Wylie without first receiving written authorization from the Chief of Police of Wylie, unless such action is required to eliminate harmful interference. Section 3 . Duties of Wylie. Collin County policies for use of the System are set within this document. Wylie agrees to abide by these policies; amendments will be sent to Wylie in writing. Wylie agrees to use the System in accordance with Federal Communications Commission regulations. The only users of the radios on the System will be members of the Police Department or Fire Department of Wylie; city management staff, elected officials, and members of the other departments of Wylie are not authorized to use the System. Wylie agrees to use equipment that is type-accepted by the Federal Communications Commission for the System. Wylie shall make requests for activating or deactivating radios on the System to the Collin County Sheriff 's Office Communications Supervisor by including the model and serial number of the radio, the name of the user, and identifying talkgroups desired in the radio. Wylie will be responsible for furnishing all radios and the maintenance of this equipment, including programming radios . RADIO USAGE AGREEMENT PAGE 2 Section 4 . System Management; Disclaimer of Warranties . It is understood by the parties that the intent of this Agreement is for airtime usage of the System only, and does not provide Wylie Control of the System or any part of the System. This Agreement does not provide Wylie with any ownership rights to any part of the System. Collin County makes no warranty, either express or implied, as to the System, and it is provided on an "as-is" basis . Collin County expressly disclaims any warranty or representation as to System coverage, quality, dependability, or fitness for the uses intended by Wylie. Wylie assumes the entire risk as to the results and use of the System. Collin County shall not be liable to Wylie or to any other person or entity for any incidental, special or consequential damages whatsoever, including, but not limited to, any losses of revenue or profit, even if Collin County has been advised of the possibility of such damages . Collin County, its employees, agents, representatives and officials shall not be liable to any third party due to or arising from the use, misuse or non-use of the System by Wylie. Wylie agrees to indemnify and hold Collin County, its employees, agents, representatives and officials harmless from and against all liability of any nature whatsoever due to or arising from the use, misuse or non-use of the System by Wylie. Section 5 . Termination. This agreement may be terminated ( i) by Collin County upon thirty (30) days written notice to Wylie in the event Wylie breaches an obligation of Wylie under this Agreement, after a reasonable opportunity to correct such breach; or (ii) by either party, at will and without cause or penalty, by giving written notice of termination to the other party not less than 120 days prior to the date of termination. Nothing contained in this Agreement shall be construed to give or grant any rights to persons or entities not a party to this Agreement. Section 6 . Notices . Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party' s address for notice. RADIO USAGE AGREEMENT PAGE 3 Section 7 . Attorney's Fees . Should either party to this Agreement commence legal proceedings against the other to enforce the terms and provisions of this Agreement, the party losing in such legal proceedings shall pay the reasonable attorneys ' fees and expenses ( including, but not limited to expert witness fees and deposition expenses) of the party prevailing in such legal proceedings. Section 8 . No Assignment. Neither party shall have the right to assign that party' s interest in this Agreement without the prior written consent of the other party. Section 9 . Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 10. Waiver. Either Collin County or Wylie shall have the right to waive any requirement contained in this Agreement, which is intended for the waiving party' s benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 11 . Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Collin County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Collin County, Texas . Section 12 . Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 13 . Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns . RADIO USAGE AGREEMENT PAGE 4 Section 14. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires . Section 15 . Counterparts . This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 16 . Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 17 . Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. RADIO USAGE AGREEMENT PAGE 5 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. "COLLIN COUNTY" COLLIN COUNTY, TEXAS BY: TITLE: DATE SIGNED: Address for Notice: Collin County Commissioners ' Court ATTN: Judge Ron Harris 210 S. McDonald Street, Ste. 626 McKinney, Texas 75069 "WYLIE" CITY OF WYLIE, TEXAS BY: TITLE: DATE SIGNED: Address for Notice: City of Wylie, Texas ATTN: Wylie, Texas