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HomeMy WebLinkAboutR-2201-8-03RESOLUTION NO. 2201-8-03(R) ' A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ATTACHED INTERLOCAL COOPERATION AGREEMENTS BY AND AMONG THE CITIES OF ALLEN, FRISCO, AND PLANO, WITH THE CITIES OF WYLIE, PROSPER, LUCAS, AND PARKER AND THE PLANO INDEPENDENT SCHOOL DISTRICT FOR THE USE OF THE TRUNKED RADIO SYSTEM OWNED BY THE CITIES OF ALLEN, FRISCO, AND PLANO; AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENTS BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Govennnent Code, authorizes governmental entities to contract with each other to perform government functions and services under the teens thereof; and, WHEREAS, the City Council has been presented with the attached Interlocal Cooperation Agreements ("Agreements') by and among the Cities of Allen, Frisco, and Plano, with the Cities of Wylie, Prosper, Lucas, and Parker and the Plano Independent School District, for the use of the 800 MHz trunked radio system owned by the Cities of Allen, Frisco, and Plano; and, WHEREAS, the attached Agreements serve a valid public purpose of the Cities and School District 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 attached Agreements, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions of the attached Agreements should be approved, and that the City Manager should be authorized to execute the attached Agreements on behalf of the City of Allen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: The terms and conditions of the attached Agreements having been reviewed by the City Council of the City of Allen, Texas, and are hereby in all things approved. SECTION 2: The City Manager is hereby authorized to execute the attached Agreements and all other documents in connection therewith an behalf of the City of Allen, Texas. SECTION 3: This Resolution shall become effective from and after its passage DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN ' COUNTY, TEXAS, ON THIS THE 20 DAY OF AUGUST. 2003. APPROVED: Stephen Terrell, MAYOR ATTEST: Shelley B. George, TRM CITY S TARP Resolution No. 2201-5-03(R), Page 2 ' AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, PLANO AND THE PLANO INDEPENDENT SCHOOL DISTRICT FOR THE USE OF THE ALLEN, FRISCO, AND PLANO 800 MHz TRUNKED COMMUNICATIONS SYSTEM This Agreement is made between the CITIES OF PLANO, TEXAS, ALLEN, TEXAS, AND FRISCO, TEXAS, all municipal corporations, (hereinafter referred to as "Cities"), and the PLANO INDEPENDENT SCHOOL DISTRICT, a school district formed under the laws of the State of Texas, hereinafter referred to as "PISD"), as follows: WHEREAS, Cities are political subdivisions within the State of Texas, and PISD is a special district within the meaning of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, (the "Act"); and WHEREAS, the Act provides authority for governmental entities 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 Plano 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, PISD wishes to use certain portions of the System in order to enhance PISD's radio communications in support of its governmental operations; and WHEREAS, the use of the System for 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. NOW, THEREFORE, the Cities and PISD, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: I. TERM The initial term of this Agreement is for a period of one (1) year, ' commencing upon the execution of this Agreement and approval by the governing body of each of the respective entities. Thereafter, this Agreement will Interlocal Agreement Between the Cities of Allen, Frisco, Plano and PISD to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 1 Resolution No. 2201.8-03(R) — Plano ISD Exhibit ' automatically renew each year without further action by the respective City Councils or the PISD governing Board for a total of five (5) successive one (1) year terms, unless terminated earlier by either a majority of the Cities or PISD according to the terms of this Agreement. II. OBLIGATIONS OF PLANO 2.01 The Cities will lease ten (10) Talkgroups to PTSD. One (1) of the ten (10) Talkgroups shall be reserved for future use by PISD and shall remain inactive until such time as PISD notifies Plano of its intention to use the reserved Talkgroup. Charges agreed upon under the terms of this Agreement shall only accrue for active Talkgroups. Talkgroups are a primary level of communication for users on the System comparable to a channel on a conventional radio system, (hereinafter referred to as "Talkgroups")." Talkgroups will be established for PISD by Plano. Talkgroups leased to PISD shall be exclusively used by PISD. As used herein, the term "System" shall mean the 800 MHz Trunked Communications System owned and operated by the Cities of Allen, Frisco, and Plano. 2.02 The System Manager for Plano (hereinafter "System Manager") will not activate radios on PISD Talkgroups nor make changes to PISD radios without first receiving written authorization from the designated representative of PISD, unless in the opinion of Plano, such action is required to eliminate harmful interference. 2.03 Plano will also be responsible for each of the following: (1) coordinating Talkgroups into announcement groups; and (2) grouping of Talkgroups to allow transmitting and receiving on all associated Talkgroups (the "Announcement Group"), as required by PISD; (3) programming/reprogramming all of PISD's radios; and (4) the operation, maintenance, and control of the Allen, Frisco, and Plano Communications System. III. OBLIGATIONS OF PISD 3.01 PISD shall use the System for governmental operations in accordance with this Agreement to provide interoperability of communications between PISD and its users on the System. Interlocal Agreement Between the Cities of Allen, Frisco, Plano and PISD to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 2 Resolution No. 2201-8-03(R) —Plano ISD Exhibit ' 3.02 When using the System, PISD shall abide by all applicable federal and state laws and regulations, including all regulations of the Allen, Frisco, and Plano Radio System. Plano shall provide PISD with written notice of regulations in effect at the time that this Agreement is executed as well as all such regulations adopted by Plano during the term of this Agreement. When PISD is using the System for interoperability with Talkgroups other than those provided for by this Agreement, it shall also abide by the rules of the user of the Talkgroups. 3.03 PISD shall make written requests for the activation of radios on the System to the System Manager. Such requests shall include the model and serial number of the radio, the name of the user, and shall identify Talkgroups required in the radio. 3.04 PISD shall furnish all radios for its own use and shall maintain all such radios. IV. CONSIDERATION / FEES ' 4.01 The fees assessed against PTSD and due annually for services and use of the System are as follows: (1) Lease Talkgroup (per talkgroup, per $55.00 month) (2) Lease radio airtime (per radio, per month) $7.50 (3) Administrative and Technical fee (per $14,400.00 year) The Cities will calculate the annual fee based upon three hundred and fifty-five (355) current radio units in service and the nine (9) active Talkgroups used by PTSD. The annual fees due are subject to change if PISD adds or deletes the number of radios and/or Talkgroups in service. PISD must notify Allen, Frisco, and Plano in writing of any addition or deletion of radios and/or Talkgroups. PISD agrees to pay the fees due annually within thirty (30) days of the receipt of invoice. Should PISD add radios or Talkgroups to the service within an annual term, PISD agrees to pay the additional fee(s) due within thirty (30) days of invoice. 4.02 The fees assessed for programming/reprogramming of radios are as ' follows: Interlocal Agreement Between the Cities of Allen, Frisco, Plano and PISD to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 3 Resolution No. 2201.8.03(R) — Plano ISD Exhibit ' (1) Programming/reprogramming of radios at $35.00 PISD site (per radio, invoiced at time of service) (2) Programming/reprogramming of radios at $15.00 the City site (per radio, invoiced at time of service) The Cities will send an invoice of fees for the programming/ reprogramming of radios as the work is performed. PISD agrees to pay these radio programming/reprogramming fees within thirty (30) days receipt of invoice. 4.03 None of the charges listed above include the cost of maintenance of mobiles, portables, or control stations/points. 4.04 In the event that either party terminates this Agreement during a term for which PISD has paid the annual fee, PISD may request a refund pro rated on a monthly basis for the months remaining for such term. 4.05 The Cities reserve the right to assess additional fees against PISD and PISD agrees to pay all such fees assessed should the Cities deem it necessary to increase the fee charged for use of the Allen, Frisco, and Plano ' System. The Cities may increase the fees at the beginning of each renewal period by an amount not to exceed seven percent (7%) of the previous years fees. The Cities will provide 120 days notice of any fee increase. 4.06 All fees incurred by parties to this Agreement are payable from current revenues legally available to each party respectively. V. TERMINATION This Agreement may be terminated as specified below upon the occurrence of any of the following: (1) Either party may terminate this Agreement at any time by giving ninety (90) days advance written notice. PISD shall pay for all fees, if any, incurred through the effective date of termination. (2) If the Cities permanently discontinue 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, this Agreement may be terminated at either party's discretion if the default is not cured ' within thirty (30) days of receipt of written notice identifying the reason for such default. Interlocal Agreement Between the Cities of Allen, Frisco, Plano and PISD to use the Mien, Frisco, and Plano 800 MHz Trunked Communications System Page 4 Resolution No. 2201-8-03(R) — Plano ISD Exhibit VI. RELEASE AND HOLD HARMLESS All parties agree to waive all claims against, to release, and to hold harmless the other parties 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 loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. In the event that a claim is filed, each party shall be responsible for its proportionate share of liability. VII. IMMUNITY In the execution of this Agreement, none of the parties waive, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties 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. VIII. ASSIGNMENT AND SUBLETTING PISD agrees to retain control and to give full attention to the fulfillment of this Agreement; PISD cannot assign or sublet this Agreement without the prior written consent of a majority of the Cities. PTSD further agrees not to sublet its rights, obligations or duties under this Agreement to anyone objectionable to the Cities. PISD acknowledges that the subletting of any right, obligation or duty under this Agreement does not relieve PISD from its full obligations to the Cities as provided by this Agreement. IX. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the Cities and PTSD, 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 PISD and the Cities, except that execution of an amendment for assignment or subletting only requires the signature of a majority of the Cities. Interlocal Agreement Between the Cities of Allen, Frisco, Plano and PISD to use the Mien, Frisco, and Plano 800 MHz Trunked Communications System Papa 5 Resolution No. 2201-8-03(R) — Plano ISD Exhibit ' X. 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: PISD Representative: Director of Auxiliary Services Piano Independent School District 6600 Alma Drive Plano, Texas 75023 (972) 519-8282 Allen Representative : Police Chief City of Allen 305 W. McDermott Allen, Texas 75013 (972)727-0201 Plano Representative: Director of Public Safety Communications City of Plano P.O. Box 860358 Plano, TX 75086-0358 (972)941-7931 Frisco Representative : Police Chief City of Frisco 8750 McKinney Road Frisco, Texas 75034 (972) 335-5502 XI. 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 Plano on 5 'I200 the City of Allen on 200_, and the City Frisco on ep} . l 6 , 200. PISD has executed this Agreement pursuant to duly authorized Board Resolution No. — dated--,T-uue a 200,x. XII. 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 Intedocal Agreement Between the Cities of Allen, Frisco, Plano and PISD to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 8 Resolution No. 2201-SA3(R)—Plano ISD Exhibit ' 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. I 1 XIII. 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. XIV. INTERPRETATION OF AGREEMENT Although this Agreement is drafted by Plano, 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. XV. 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. XVI. SUCCESSORS AND ASSIGNS The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this contract. None of the parties 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. Interlocal Agreement Between the Cities of Allen, Frisco, Plano and PISD to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 7 Resolution No. 2201."3(R) — Plano ISD Exhibit I J EXECUTED this the day of %o 200x. PLANO INDEPENDENT SCHOOL DISTRICT BY: Name: ti Title: as s AP=O AS TO FORM: CITY OF PLANO, TEXAS Thomas H. Muehl nbeck City Manager AP 6VED �AAS TO FORM: I {Or 1 l5fane C.; etherb ITY f TORNEY CITY OF ALLEN, TEXAS BY: Peter Va as, C y Manager APPROVED AS TO FORM: Peter G. Smith, CITY ATTORNEY Interlocal Agreement Between the Cities of Allen, Frisco, Plano and PISD to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Resolution No. 2207-8-03(R) — Plano ISD Exhibit Page 8 d CITY OF FRISCO, TEXAS BY: Caw„ -1',.w. -Fa•, Georgd Purefoy,lCity Manager APPROVED AS TO FORM: SJU1iI 4-.$-c (t6 hard Aber at y, CITY ATTORNEY ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF ' This instrument was acknowledged before me on the J12LLLday of 200 ,byPlnHae�(xATalk) cc.�uarofthe PLANO INDEPENDENT SCHOOL DISTRICT, a T&x A s on behalf of such entitX1,e,111111'G ILI `ol D " ` - Notary Public, State of exaT s = E i �'9 FREs�S xa STATE OF TEXAS COUNTY OF COLLIN hi st ent was acknowledged before me on the day of 200_I by THOMAS H. MUEHLENBECK, City Manager of he CITY OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of such corporation. BARBARA NEWELL ;:+M',yi,,, •Q HObryPubli0,S1ete0i Teras Notary Public, State of Texas . My Commission Expires �1fM October 07, 2003 Interlocal Agreement Between the Cities of Allen, Frisco, Plano and PISD to use the Alien, Frisco, and Plano 800 MHz Trunked Communications System Page 9 Resolution No. 2201$-03(R) — Plano ISD Exhibit STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the ,"M day of rhral�st" 200, by PETER VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation. ConnleS Schofield Y' Ndady putts Slate of Tois a.>%SEFTEMBER 18 2W STATE OF TEXAS Notary Public, Sta of Texas COUNTY OF COLLIN ) ' This instrument was acknowledged before me on the Zq'O" day of ��Q13�CUVbher 200 3 by GEORGE PU�REFOY, City Manager, of the CITY OF FRISCO, TEXAS, and a �W e kLLt; W"Al on behalf of such IU Lir'X611 I N (,OY(o Vail Notary Public, Stateof DEANNA I(AY CUI 'LEY Norary Pub' Stale of Tema s t My Commission Expires ^, :`•� July 15, Y006 Interlocal Agreement Between the Cities of Allen, Frisco, Plano and PISD to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 10 Resolution No. 2201-8-03tR1— Plano ISD Exhibit ' AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, PLANO AND THE CITY OF PROSPER 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 PROSPER, TEXAS, a general -law municipality (hereinafter referred to as "Prosper'), agree as follows: Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Prosper to use the AVen, Frisco, and Plano 800 MHz Trunked Communications System Page 1 Resolution No. 2201-8-03(R) — Prosper Exhibit WHEREAS, the Cities and Prosper 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 Intedocal 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 Intedocal agreements with each other regarding governmental functions and services as set forth in the Act; and WHEREAS, the cities of Allen, Frisco, and Plano 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, Prosper 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, Prosper and the Cities have current funds available to satisfy any fees and costs required pursuant to this Agreement. NOW, THEREFORE, the Cities and Prosper, 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 Plano and the City of Prosper to use the AVen, Frisco, and Plano 800 MHz Trunked Communications System Page 1 Resolution No. 2201-8-03(R) — Prosper Exhibit 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 Prosper as set forth herein. It. OBLIGATIONS OF PROSPER 2.01 Prosper shall use the System in accordance with this Agreement to provide integration of communications by Prosper between its users on the System for governmental operations. 2.02 When using the System, Prosper shall abide by all applicable federal and state laws and regulations, including any regulations of the Allen, Frisco, and Plano Radio System. When Prosper uses the System for ' interoperability with Talkgroups other than those provided for by this Agreement, Prosper will also abide by the user rules of those Talkgroups. 2.03 Prosper 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 Prosper 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 Prosper two (2) 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 Prosper. Talkgroups will be established for Prosper by Plano. 3.02 The Plano System Manager will not activate radios on Prosper Talkgroups nor make changes to Prosper radios without first receiving authorization from the designated representative of Prosper, unless in the opinion of Plano, such action is necessary to eliminate harmful interference. Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Prosper to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 2 Resolution No. 2201.8-03(R) — Prosper Exhibit 3.03 Plano 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 Prosper; (3) The operation, maintenance, and control of the System. IV. FEES The fees assessed against Prosper and due annually for services and use of the System are as follows: (1) *Lease radio airtime (per radio, per month) $7.50 (2) Lease Talkgroup (per Talkgroup, per month) $55.00 (3) Contract services (per month) $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 years fees. The Cities will provide 120 days notice to Prosper before increasing the fees. Total Fees for Annual Service The Cities will calculate the annual fee due based upon thirty-six (36) current radio units in service and two (2) Talkgroups. This amount is subject to change when Prosper adds or deletes the number of radios and/or Talkgroups in service. Prosper must notify Allen, Frisco, and Plano in writing of any addition or deletion of radios and/or Talkgroups. V. PAYMENT DUE Prosper agrees to pay the Cities the annual fees specified under Article IV. within thirty (30) days of the receipt of the invoice. Should Prosper add radios or Talkgroups to the service within a term, Prosper agrees to pay the additional Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Prosper to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 3 Resolution No. 2201.8-03(R) — Prosper Exhibit t 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. Prosper 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 loss of, damage to, or loss 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 responsible for its proportionate share of liability. Vlll. 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 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. Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Prosper to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 4 Resolution No. 2201.8-03(R) — Prosper Exhibit Ix. ASSIGNMENT Prosper agrees to retain control and to give full attention to the fulfillment of this Agreement; Prosper cannot assign or sublet this Agreement without the prior written consent of a majority of the Cities. Further, Prosper cannot sublet any part or feature of the work to anyone objectionable to the Cities. Prosper 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 Prosper 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 Prosper, 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 Prosper 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: Prosper Representative: Plano Representative Jennifer Finley Director City Administrator Public Safety Communications City of Prosper City of Plano P.O. Box 307 P.O. Box 860358 Prosper, TX 75086-0358 Plano, TX 75086-0358 (972)347-2304 (972)941-7931 Allen Representative : Frisco Representative Police Chief Police Chief City of Allen City of Frisco 305 W. McDermott 8750 McKinney Road Allen, Texas 75013 Frisco, Texas 75034 (972)727-0201 (972)335-5502 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Prosper to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 3 Resolution No. 2201-8-03(R) — Prosper Exhibit 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 th's Agreement pursuant to duly authorized action of the City Council of Plano on 200,x, the City of Allen on , 200_1 and the Ci od Frisco on S (a Ib , 2003. Prosper has executed this Agre ment pursuant to duly authorized City Council dated 2 / , M3. 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. I 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 Plano and the City of Prosper to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 6 Resolution No. 2201-8-03(R)— Prosper Exhibit ' 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 day of 200_ CITY OF PROSPER, TEXAS BY: Jennifer Finley City Administrator APPROVED AS TO FORM: City Attorney Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Prosper to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 7 Resolution No. 2201.8-03(R) — Prosper Exhibit ' CITY OF PLANO, TEXAS B . Thomas H. M hhlenbeck City Manager APP ED AS TO FOR dp/ i ne C. Wet rb I � ttom y CITY OF ALLEN, TEXAS BY: , 45 .�'— Peter Va as, Ci Manager A��ED AS T(j FORyJ+ Peter G. Smith, City tAttoN Attorney CITY OF FRISCO, TEXAS BY: Cr m- wcnl Geor a Purefo , City Manager APPROVED AS TO FORM: �. W4.qm-K 4Wichard Aber athy, City Attorney Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Prosper to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 8 Resolution No. 2201$-03(R) — Prosper Exhibit I ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of ,200 by JENNIFER FINLEY, City Administrator of the CITY OF PROSPER, TEXAS, a general -law municipality, on behalf of such municipality. Notary Public, State of Texas STATE OF TEXAS COUNTY OF COLLIN ) This ' strumenIt was acknowledged before me on the A) day of 200by THOMAS H. MUEHLENBECK, City Manager of the Cl OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of such corporation. e ,t nRARANEWELL Notary?uDllc9tetebTeras f Mvicembw m, erobas otary Public, State of Texas October 07, 2003 STATE OF TEXAS ) COUNTY OF COLLIN This instrument was acknowledged before me on the ,9qM_ day of 4 Sf 2003, by PETER VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation. connieS Schofield �' `" Noor PublicS , State of Teras •(qt.[.e GOAL. , iii Ary Commmm Np,e Notary Public, State of/Texas SEPTEMBER 18, 2004 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Prosper to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 9 Resolution No. 2201-SA3(R) — Prosper Exhibit 11 Id ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN T is Instrument was acknowledged before me on the day of 200-fby( GEORGE PUREFOY, City Manager of the CITY OFF ISCO,TEXASI, and a Hoo-� lZ u ie Wkv l c�:3:1, on behalf of such .IA,V1Ca,c�Q.�\ A C-0vpcvo— -9 VN ROF�'?y DEANNA NAY CUIGLEYN 1 1 PoblicSM. of T nas MyCommssion Expires ' JUIV 15, 2006 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Prosper to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 10 Resolution No. 2201-8-03(R) — Prosper Exhibit ' AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, PLANO AND THE CITY OF LUCAS 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 LUCAS, TEXAS, a general -law municipality (hereinafter referred to as "Lucas"), agree as follows: WHEREAS, the Cities and Lucas 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 Plano 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, Lucas 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, Lucas and the Cities have current funds available to satisfy any fees and costs required pursuant to this Agreement. NOW, THEREFORE, the Cities and Lucas, 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 Plano and the City of Lucas to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 1 Resolution No. 2201-8-03(R) — Lucas Exhibit 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 Lucas as set forth herein. II. OBLIGATIONS OF LUCAS 2.01 Lucas shall use the System in accordance with this Agreement to provide integration of communications by Lucas between its users on the System for governmental operations. 2.02 When using the System, Lucas shall abide by all applicable federal and state laws and regulations, including any regulations of the Allen, Frisco, and Plano Radio System. When Lucas uses the System for interoperability with ' Talkgroups other than those provided for by this Agreement, Lucas will also abide by the user rules of those Talkgroups. 2.03 Lucas 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 Lucas 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 Lucas four (4) 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 Lucas. Talkgroups will be established for Lucas by Plano. 3.02 The Plano System Manager will not activate radios on Lucas Talkgroups nor make changes to Lucas radios without first receiving ' authorization from the designated representative of Lucas, unless in the opinion of Plano, such action is necessary to eliminate harmful interference. Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Lucas to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 2 Resolution No. 2201-8-03(R) — Lucas Exhibit 3.03 Plano 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 Lucas; (3) The operation, maintenance, and control of the System. IV. FEES The fees assessed against Lucas and due annually for services and use of the System are as follows: (1) "Lease radio airtime (per radio, per month) $7.50 (2) Lease Talkgroup (per Talkgroup, per month) $55.00 (3) Contract services (per month) $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 Lucas before increasing the fees. Total Fees for Annual Service The Cities will calculate the annual fee due based upon forty-four (44) current radio units in service and four (4) Talkgroups. This amount is subject to change when Lucas adds or deletes the number of radios and/or Talkgroups in service. Lucas must notify Allen, Frisco, and Plano in writing of any addition or deletion of radios and/or Talkgroups. V. PAYMENT DUE Lucas agrees to pay the Cities the annual fees specified under Article IV. within thirty (30) days of the receipt of the invoice. Should Lucas add radios or Talkgroups to the service within a term, Lucas agrees to pay the additional fee(s) ' due within thirty (30) days of invoice. All payments for expenses incurred as a Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Lucas to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 3 Resolution No. 2201-8-03(R) — Lucas Exhibit ' 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. Lucas 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 tens, 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 loss of, damage to, or loss 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 responsible 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 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. Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Lucas to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 4 Resolution No. 2201-8-03(R) — Lucas Exhibit Ix. ASSIGNMENT Lucas agrees to retain control and to give full attention to the fulfillment of this Agreement; Lucas cannot assign or sublet this Agreement without the prior written consent of a majority of the Cities. Further, Lucas cannot sublet any part or feature of the work to anyone objectionable to the Cities. Lucas 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 Lucas 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 Lucas, 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 Lucas 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: Lucas Representative: Plano Representative Allen Representative : Frisco Representative Police Chief Director City Administrator Public Safety Communications City of Lucas City of Plano 151 Country Club Road P.O. Box 860358 Lucas, TX 75002 Plano, TX 75086-0358 (972)727-0091 (972)941-7931 Allen Representative : Frisco Representative Police Chief Police Chief City of Allen City of Frisco 305 W. McDermott 8750 McKinney Road Allen, Texas 75013 Frisco, Texas 75034 (972)727-0201 (972)335-5502 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Lucas to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 5 Resolution No. 2201-8-03(R) — Lucas Exhibit ' XII. AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION P 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 Plano on 2003, the City of Allen on 200., and the City of Frisco on �J41,. 16 2003. Lucas has executed this Agreement pursuant to duly authorized City Council Resolution No.1m3"6. Zdated?Y'/G Ot , 2005. 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 Plano and the City of Lucas to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 0 Resolution No. 2201.8-03(R) — Lucas Exhibit ' 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 /614day of JWVS 2003. CITY OF LUCAS, TEXAS BY: Linda Shoup City Administrator 'A a e • Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Lucas to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Resolution No. 2201.8-03(R) — Lucas Exhibit Page 7 ' CITY OF PLANO, TEXAS B . Thomasck City Manager AP OVED S TO F M: Diane C. Vy the Atto ey CITY OF ALLEN, TEXAS BY: Peter Va s, Ci Manager APP ��E� TORM Peter G. Smith, City Attorney CITY OF FRISCO, TEXAS BY: lsa aat- "4 Georbe Purefo4 City Manager APPROVED AS TO }FORM: .1uQ,o� ,�y(Richard Abe a y, City Attorney Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Lucas to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 8 Resolution No. 2201.8-031R1— Lucas Exhibit j ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the 6A,_ day of (2cto b _r , 200,3_, by LINDA SHOUP, City Administrator, of the CITY OF LUCAS, TEXAS, a general -law municipality, on behalf of such municipality. N ary Publi ,State of Texas STATE OF TEXAS NAnIARWILAIS N P ���� NOTARY UBLIC State of Thus COUNTY OF COLLIN ) \"Comm.cxp.ii-732905 ii Thi Inst ment was acknowledged before me on the day of ' %�f 1 , 200yy THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of such corporation. �y o8ARBARA NEWELL Ntaryof T... -.Fh4ej MY Comm Won2roiras October 07. 2007 Otary Public, State of Texas STATE OF TEXAS 1 COUNTY OF COLLIN This instrument was acknowledged before me on the 40 day of asf 1 200 'by PETER VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation. connies.Schofeid Nota Public, Stat of Texas 9/ Notary Pu01ic Stele cl Teras ry i�'y i• 4'0mElom --�3' SEPTEMBER 18, 2004 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Lucas to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 9 Resolution No. 2201-8-03(R) — Lucas Exhibit H ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN Tis instrument was acknowledged before me on the � day of 200 by G�E7,,,ORGE PUREFOY, City Manager, of the CITY F RISCO, T S, and a H7)t1 G 2w1� C11 U �a on behalf of such a�u c� c otary Public, State of Te a &,NJ.rk DEANNA NAY 9UIG"Y Notary Public. State of Texas My Commission Expues ,„n•"$�' July 15, 2006 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Lucas to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 10 Resolution No. 2201-M3(R) — Lucas Exhibit ' 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 general -law municipality (hereinafter referred to as "WYLIE"), agree as follows: Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 1 Resolution No. 2201-8-03(R)— Wylie Exhibit 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 Plano 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 Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 1 Resolution No. 2201-8-03(R)— Wylie Exhibit 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 Plano 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 Plano. 3.02 The Plano System Manager will not activate radios on Wylie Talkgroups nor make changes to Wylie radios without first receiving authorization from the designated representative of Wylie, unless in the opinion of Plano, such action is necessary to eliminate harmful interference. Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 2 Resolution No. 2201-8-03(R) — Wylie Exhibit 3.03 Plano 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) *Lease radio airtime (per radio, per month) $7.50 (2) Lease Talkgroup (per Talkgroup, per month) $55.00 (3) Contract services (per month) $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 years 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 Plano in writing of any addition or deletion of radios and/or Talkgroups. 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 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 3 Resolution No. 2201-8A31R1— Wylie Exhibit ' 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 loss of, damage to, or loss 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 responsible 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 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 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 4 Resolution No. 2201.8-03(R) — Wylie Exhibit 1 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: Wylie Representative: Plano Representative Anthony Johnson Director City Manager Public Safety Communications City of Wylie City of Plano 2000 Highway 78 North P.O. Box 860358 Wylie, TX 75098 Plano, TX 75086-0358 (972)442-8120 (972)941-7931 Allen Representative : Frisco Representative Polioe Chief Police Chief City of Allen City of Frisco 305 W. McDermott 8750 McKinney Road Allen, Texas 75013 Frisco, Texas 75034 (972)727-0201 (972)335-5502 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 5 Resolution No. 2201.8-03(R) — Wylie Exhibit 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 Plano on 200 the City of Allen on , 200_, and the City f Frisco on 5egtCTW (b, 2003 . Wylie has executed this Agreement pursuant to duly authorized City Council Resolution Notated swTa.? , 2009 . 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 Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 6 Resolution No. 2207-8-03(R) — Wylie Exhibit ' 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, day of 200,1. ITY OF WYLIE, TEXAS BY: Anth n hnson City Manager APPR V�O FORM: Richard Abernathy, City Attorney 1 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 7 Resolution No. 2201-8-03(R)— Wylie Exhibit CITY OF PLANO, TEXAS Y: Thomas H. Muelenbeck City Manager U'i%j'j;WVj=I111• •- CITY OF ALLEN, TEXAS BY: --�� PeterVarg , 'tyManager ' On APPROVES � ORM: I? Peter G. Smith, City Attorney 1 CITY OF FRISCO, TEXAS BY: Geor a Purefo , City Manager APPR EDA T FORM: Lw y Richard Abernathy, Cify Attorney Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 8 Resolution No. 2201-8-03(R) - Wylie Exhibit I ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF VA hi instrument was acknowledged before me on the ai — day of GGS) , 200,°, by ANTHONY JOHNSON, City Manager of the CITY OF WYLIE, TEXAS, a home -rule municipal corporation, on behalf of such municipality. Booz 'co isn9nr 'LL�cw ragdsS uopgruwo� v6v1lo vrgS'xNVed NVW N HJntlN3 3lOtlVJ ��,. Notary Pubtic, State of Texas STATE OF TEXAS COUNTY OF COLLIN ) Is ns�t �m��ent was acknowledged before me on the ^/(J day of ' �=&; �, 200 by THOMAS H. MUEHLENBECK, City Manager of the CIYY OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of such corporation. "•'" BARBARA NEWELL ���Noary Public. State of Texas ? My Commission ExpiresNotary Public, State Of Texas October W, 2003 STATE OF TEXAS 1 COUNTY OF COLLIN This instrument was acknowledged before me on the 'N% day of tgtaY 200.31 by PETER VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation. J/ Connie S. Schofield LllP' `�Ndary Puhlrt, State Of Texas �i. Wcon+amcxpm Notary Public, Stye of Texas `•.i k; ti?/ SEPTEMBER 18, 2004 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 9 Resolution No. 2201-8-03(R) — Wylie Exhibit J I ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN This ingtrument was acknowledged before me on the Z'0' day of 200 :� by GEORGE PUREFOY, City Manager of the CITY O� PRISCO, TEXAS, a '4vvv�e h d KkuwLx W , on behalf of such 4�U➢ACL (k b (r�vc, o.V Lovpova�hQIn Notary Public, State of T k"S FEUIGtFte of l e'�Ex006 s °W.;. DEANNA NAY 9UIGLEY 3?` F§ Nobry Pubhu State of Texas s:.! i My Commission Expires 2000 ] Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 10 Resolution No. 2201.8-03(R)— Wylie Exhibit ' AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, PLANO AND THE CITY OF PARKER 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 PARKER, TEXAS, a general -law municipality (hereinafter referred to as "Parker'), agree as follows: WHEREAS, the Cities and Parker 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 Intedocal agreements with each other regarding governmental functions and services as set forth in the Act; and ' WHEREAS, the cities of Allen, Frisco, and Plano 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, Parker 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, Parker and the Cities have current funds available to satisfy any fees and costs required pursuant to this Agreement. NOW, THEREFORE, the Cities and Parker, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: 1 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Parker to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 1 Resolution No. 2201-8-03(R) — Parker Exhibit ' 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 Parker as set forth herein. It. OBLIGATIONS OF PARKER 2.01 Parker shall use the System in accordance with this Agreement to provide integration of communications by Parker between its users on the System for governmental operations. 2.02 When using the System, Parker shall abide by all applicable federal and state laws and regulations, including any regulations of the Allen, Frisco, and Plano Radio System. When Parker uses the System for interoperability with ' Talkgroups other than those provided for by this Agreement, Parker will also abide by the user rules of those Talkgroups. 2.03 Parker 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 Parker 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 Parker two (2) 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 Parker. Talkgroups will be established for Parker by Plano. 3.02 The Plano System Manager will not activate radios on Parker Talkgroups nor make changes to Parker radios without first receiving ' authorization from the designated representative of Parker, unless in the opinion of Plano, such action is necessary to eliminate harmful interference. Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Parker to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 2 Resolution No. 2201$-03(R) — Parker Exhibit 3.03 Plano 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 Parker; (3) The operation, maintenance, and control of the System. IV. FEES The fees assessed against Parker and due annually for services and use of the System are as follows: (1) 'Lease radio airtime (per radio, per month) $7.50 (2) Lease Talkgroup (per Talkgroup, per month) $55.00 (3) Contract services (per month) $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 Parker before increasing the fees. Total Fees for Annual Service The Cities will calculate the annual fee due based upon thirty-six (36) current radio units in service and two (2) Talkgroups. This amount is subject to change when Parker adds or deletes the number of radios and/or Talkgroups in service. Parker must notify Allen, Frisco, and Plano in writing of any addition or deletion of radios and/or Talkgroups. V. PAYMENT DUE Parker agrees to pay the Cities the annual fees specified under Article IV. within thirty (30) days of the receipt of the invoice. Should Parker add radios or ' Talkgroups to the service within a term, Parker agrees to pay the additional fee(s) due within thirty (30) days of invoice. All payments for expenses incurred Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Parker to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 3 Resolution No. 2201-8A3(R) — Parker Exhibit 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. Parker 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 toss of, damage to, or loss 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 responsible 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 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 ' Parker agrees to retain control and to give full attention to the fulfillment of this Agreement; Parker cannot assign or sublet this Agreement without the prior Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Parker to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 4 Resolution No. 2201.8-03(R) — Parker Exhibit C written consent of a majority of the Cities. Further, Parker cannot sublet any part or feature of the work to anyone objectionable to the Cities. Parker 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 Parker 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 Parker, 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 Parker 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: Parker Representative: Plano Representative Betty McMenamy Director City Administrator Public Safety Communications City of Parker City of Plano 5700 East Parker Road P.O. Box 860358 Parker, TX 75002 Plano, TX 75086-0358 (972)442-6811 (972)941-7931 Allen Representative : Frisco Representative Police Chief Police Chief City of Allen City of Frisco 305 W. McDermott 8750 McKinney Road Allen, Texas 75013 Frisco, Texas 75034 (972)727-0201 (972)335-5502 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Parker to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 5 Resolution No. 2201 -MMR) — Parker Exhibit ' 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 thip Agreement pursuant to duly authorized action of the City Council of Plano on Jula LB 200,E the City of Allen on 200_, and the City ofJFrisoo on �22k16, 2003. Parker has executed this Agreement pursuant to duly authorized City Council Resolution Noo dated G - J , 2003 . A 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 Plano and the City of Parker to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 6 Resolution No. 2201-8-03(R) — Parker Exhibit ' 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. a I/ day of 2oo3. CITY OF PARKER, TE BY: Betty Mc enamy City Administrator APPROVED AS TO FORM: City Attorney Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Parker to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 7 Resolution No. 2201-M3(R) — Parker Exhibit ' CITY OF PLANO, TEXAS BSS Thomas . Mue lenbeck City Manager APPR EDA TO FO M: �v lane C. W herbe ty A may CITY OF ALLEN, TEXAS BY: Peter rgas, ity Manager APPROVED AS TO FORM: Peter G. Smith, City Attorney CITY OF FRISCO, TEXAS BY: Georoe Purefoyl City Manager APPROVED AASS,T_.O�FORM: 1t.0 - . -'92d WRichard Abtkrnathy, City Attorney Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Parker to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 8 Resolution No. 2201.8.03(R) — Parker Exhibit 11 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the Z3 day of Cb"Z,E/L , 2003, by BETTY MCMENAMY, City Administrator of the CITY OF PARKER, TEXAS, a general -law municipality, on behalf of such municipality. LOREEN A NENTON }. ber.;,+n.State otTeus Notary Public,StateofTexas rAy Rcmmrssmn ExOres 1212-01 STATE OF TEXAS ) COUNTY OF COLLIN ) ' his inst ment was acknowledged before me on the _16 day of r Zt�()Ojby THOMAS H. MUEHLENBECK, City Manager of he CITY OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of such corporation. BARBARA NEWELL - Not Public Stale of Texas My C°rnrmsebn ExO�res October 07H 2003 STATE OF TEXAS ) COUNTY OF COLLIN ) otary Public, State of Texas This instrument was acknowledged before me on the a7'7M day of lCSt , 200J, by PETER VARGAS, City Manager of the CITY OF ALFEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation. r=Conchochofieldatebl TexasNotary Public, Stat fTexas ,Exgies18, 2004 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Parker to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 9 Resolution No. 2201.8-03(R) — Parker Exhibit 11 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the LLL day of 200_ by GEORGE PUREFOY, City Manager of the CITY OF PRISCO, TEXAS, a zrr�?\e�e Iti l (Lj rzr.J on behalf of such Nat L)nif_t ,"�!1 � Lo rk �0 Notary Public, State ofT" Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Parker to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 10 Resolution No. 2201-8-03(R) — Parker Exhibit DEANNA KAY GWGLEY Ay:'wnfi" Notary Public, State of Teves 0 �:= My C...mS on Expires July 15, 2006 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Parker to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 10 Resolution No. 2201-8-03(R) — Parker Exhibit