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HomeMy WebLinkAboutR-2012-12-01RESOLUTION NO. 2012-12-OI(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING INTERLOCAL AGREEMENTS WITH THE CITIES OF LUCAS AND PROSPER FOR THE USE OF THE ALLEN/FRISCO/PLANO 800 MHz TRUNKED COMMUNICATIONS SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cities of Lucas and Prosper are political subdivisions within the State of Texas, and are all engaged in the provision of governmental services for the benefit of their citizens; and, WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act') provides authority for local governments of the State of Texas to enter into Interlocal Agreements with each other regarding governmental fimctions 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 (hereinafter referred to as 'System") for the purpose of providing radio communications in support of its governmental operations; and, WHEREAS, the Cities of Lucas and Prosper wish to use certain portions of the System for its governmental operations; and WHEREAS, the use of the System in the provision of governmental services is for the benefit of the public health and welfare, promote efficiency and effectiveness of local governments, and is of mutual concern to the ' contracting parties; and, WHEREAS, the Cities of Lucas and Prosper have current funds available to satisfy any fees and cost required pursuant to this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City of Allen approves the acceptance of the hrterlocal Agreements authorizing the City of Lucas and the City of Prosper to lease certain portions of the Allen/Frisco/Plano 800 MHz Trunked Communications System. SECTION 2. This Resolution shall become effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 6m DAY OF DECEMBER, 2001. APPROVED: e4(� —f� Stephen Terrell, MAYOR ' ATTEST: Juo Morr' n, CMC/AAE, CITY SECRETARY Pat Evans Muyor PMa Oyer Mayorpra. sm. sovo Deputy Mayo'P . strep smlrel Pl ce I sw8 h. PW2 Baby Magnuson PWa 4 Jlm McGee PWce Ken !soman Pba8 ]Mari H. Muahlenp k Gry Manager P 0 Box 860356 Werra, Texas 750860358 9]2-94/-]000 .Planolg M9 /k city of pion P NOTICE OF CERTIFICATION I, Elaine Bealke, City Secretary, City of Plano, Texas, do hereby certify that the attached document is a true and correct copy of the Interlocal Agreement by and between the Cities of Plano, Allen, Frisco, and the City of Prosper for use of the Allen, Frisco, Plano 800 MHz trunked communications system executed on the 2nd day of November, 2001, as the same appears of record and filed among the official records in the Office of the City Secretary, and that I am the official custodian of same. WITNESS MY HAND AND OFFICIAL SEAL this 14th day of August, 2002. m:cencont.doc "1,_, w/4' Elaine Bealke, City Secretary AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, PLANO AND THE CITY OF PROSPER FOR USE OF THE ALLEN, FRISCO, 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 CITY OF PROSPER, TEXAS, a general -law municipality (hereinafter referred to as "Prosper"), as follows: WITNESSETH: WHEREAS, Cities and Prosper are political subdivisions within the State of Texas, and are all engaged in the provision of governmental services for the benefit of their citizens; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (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 (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 govemmental operaflods ani-- -- -- —— — - -- — — WHEREAS, the use of the System in the provision of governmental services is for the benefit of 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 cost required pursuant to this Agreement; and NOW, THEREFORE, 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 Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 1 APROSPERCRT Revised (10131101) I. TERM The initial term of this Agreement shall begin on October 1, 2001 and shall end on September 30, 2002. Thereafter, this Agreement shall automatically renew each year upon approval of the parties for ten (10) successive one (1) year terms commencing on October 1 of each year and ending 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. Prosper and Cities herein recognize that the continuation of any contract after the close of any given fiscal year, which fiscal year ends on September 30th of each year, shall be subject to approval by at least two of the governing bodies of the Cities. II. 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 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. 2.03 Prosper shall make written requests for activating radios on the System to the System Manager by including the model and serial number of the radio, the name of the user, and identifying talkgroups required in the radio. 2.04 Prosper shall be responsible for the furnishing of all radios and for the maintenance of the same. III. OBLIGATIONS OF CITIES 3.01 The Cities will lease to Prosper talkgroups, which are a primary level of organization of users on the System (hereinafter referred to as 7alkgroup"), comparable to a channel on a conventional system, for the exclusive use of Prosper. Talkgroups will be established for Prosper by Plano. 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 A:PROSPERCRT Revised (10/31/01) 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 required to eliminate harmful interference. 3.03 Plano will also be 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 4.01 The fees to be paid for the services and use of the System shall be assessed against Prosper as follows: A. MONTHLY FEES. Monthly fees shall be as follows: (1) `Lease radio airtime (per radio, per month) $ 7.00 (2) Lease Talkgroup (per talkgroup, per month) $54.16 (3) Contract services (per month) $54.16 'Includes Two Announcement Groups None of the charges listed above include the cost of maintenance of mobiles, portables, or control stations/points. Total fees for annual service The annual fees are based upon Twenty-five (25) 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. V. PAYMENTS DUE For the agreement beginning October 1, 2001 and ending September 30, 2002, Prosper will pay the Cities the Annual fees specified under Article IV. Prosper agrees to pay for such services within thirty (30) days of the receipt of the invoice. All payments for expenses incurred, as a result of the performance Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Prosper to use the Allen, Frisco, and Plano 600 MHz Trunked Communications System Page 3 A:PROSPERCRT Revised (10131/01) 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: (a) 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. (b) If the Cities permanently discontinue the operation of its System, this Agreement shall terminate on the date of discontinuance without further notice. (c) In the event of any default of any term, this Agreement may be forfeited at either party's 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 or 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. VIII. IMMUNITY It is expressly understood and agreed that, 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. 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. 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 A:PROSPERCRT Revised (10131101) Ix. ASSIGNMENT Prosper agrees to retain control and to give full attention to the fulfillment of this Agreement, that this Agreement will not be assigned or sublet without the prior written consent of a majority of the Cities, and that no part or feature of the work will be sublet to anyone objectionable to the Cities. Prosper further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Agreement, shall 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. This Agreement may be amended only by written instrument signed by 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 75078 Plano, TX 75086-0358 (972)347-2304 (972)941-7931 Allen Representative : Frisco Representative: Police Chief Police Chief City of Allen City of Frisco Three Allen Civic Plaza 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 5 APROSPERCRT Revised (10131101) 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 February 11, 2002, the City of Allen on December 6, 2001, and the City of Frisco on December 4, 2001. Prosper has executed this Agreement pursuant to duly authorized City Council Resolution No. 0101=08, dated May 8, 2001. 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 Prosper to use the Allen, Frisco, and Plano 600 MHz Trunked Communications System Page 6 A.PROSPERCRT Revised (10/31/01) 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 __L day of V6V jMhfL 2001. CITY OF PROSPER, TEXAS BY:�ll`atU t �nifer Finley City Administrator APP VEDA O FORM: rrL, �ti Richard Abernathy, 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 A:PROSPERCRT Revised (10/31/01) CITY OF PLANO, TEXAS Y: .. Thomas H. Mue lenbeck City Manager APPR D AS T ORM: I ne C. Wetherbee, CITY ATTORNEY i✓ CITY OF ALLEN, TEXAS BY: Peter Varc s, Cl y Manager APPI •�� iFORM: �mitgrY ATTORNEY CITY OF FRISCO, TEXAS BY: I(.-- /��% Name:' •v�l_v.-�, Title: titiFMrr_ APPROVED AS TO FORM: 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 A:PROSPERCU Revised (10131101) ACKNOWLEDGMENTS STATE OF TEXAS y,�(� ) COUNTY OF ) (,y1 This instrument was acknowledged before me on the �R day of - / IBV�rI1 Lt� 2001, by JENNIFER FINLEY, City Administrator, of the CITY OF PROSPER, TEXAS, a general -law municipality, on behalf of such municipality. Amy, PFWW faij. My cmxdssba E p ea Notary Public, State of T (as q�� gprn ta. ]0p5 STATE OF TEXAS I COUNTY OF COLLIN T instr ment was acknowledged before me on the day of 2002 by THOMAS H. MUEHLENBECK, City anager of the CITY OF PL TEXAS, a home -rule municipal corporation, on behalf of suc �„ -- i^;,,JJ'� BARBARA NMMyEWELL op"x= Notnry PpbIIL, State pt Texas ocwoiaomfn xNotary Public, State of Texas STATE OF TEXAS COUNTY OF COLLIN �r�-''�� �This� �i�ns�t�r"ument was acknowledged before me on the �T%l day of X , 200,1 by PETER VARGAS, City Manager, of the CITY OF ALLEN TEXAS, a hvyM -" rin.L"us.+,atdJ on f behalf off such Notary Public, tate of Texas KAY OR SCHER Public Notary Public Stele PTexas My Comm. EXP 06.15-/0104 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Prosper to use the Allen, Frisco, and Plano 000 MHz Trunked Communications System Page 9 A:PROSPERCRT Rewsed (10131/01) STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged befo{e me on the 14* day of .1Qr.CPilMsct. 2001 byf �j.01.4ry , of the CITY OF FRISCO, TEXAS, and a G;'L�.K PlANA94F on behalf of such Ci l,,e d -C 2CL100 ^. REINHARr ., Sure u1 Texas i esMExp'+aos ,3,2002 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 A:PROSPERCRT Revised (10/31/01) CITY OF FRISCO, TEXAS CITY OF FRISCO THE STATE OF TEXAS CERTIFICATION TO COPY OF PUBLIC RECORD COUNTIES OF COLLIN/DENTON I, Nan Parker, City Secretary of the City of Frisco, Texas do hereby certify that I am the custodian of records of the City of Frisco, Collin/Denton Counties, Texas. Attached hereto is a true and correct copy of Resolution No. 01-12-149R. I further certify, in the performance of the functions of my office, that said one (1) page of record is an official record from the City Secretary's Office, City of Frisco, Collin/Denton Counties, Texas. Witness my hand and seal this 14'" day of August 14, 2002. 1�l�SL✓ i '� /�'� Nan Paz City Secretazy I. CITY OF FRISCO, TEXAS RESOLUTION NO. b� - /5174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF FRISCO, TEXAS TO EXECUTE AN AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, PLANO AND THE CITY OF PROSPER FOR USE OF THE ALLEN, FRISCO, PLANO 800 MHZ TRUNKED COMMUNICATIONS SYSTEM. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS: SECTION 1: The City Manager of the City of Frisco, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Frisco, Texas, an Agreement between the Cities of Allen, Frisco, Plano and the City of Prosper for use of the Allen, Frisco, Plano 800 MHz Trunked Communications System, a copy of which is attached hereto and incorporated herein for all purposes. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS the 4-A4' day of Lo r orv\6h� 2001. Aua�-- Kathleen A. Seel, Mayor ATTEST TO: Nan Parker City Secretary \\frisco2\Resolutions\Resolutions 2001WIIen Frisco Plano Prosper.doc RESOLUTION NO. 11-06-01 (R) AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, PLANO AND THE CITY OF LUCAS FOR USE OF THE ALLENIFRISCOIPLANO 800 MHz TRUNKED COMMUNICATIONS SYSTEM AND FOR FIRE AND EMERGENCY MEDICAL DISPATCH SERVICE 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 CITY OF LUCAS, TEXAS, a general -law municipality (hereinafter referred to as "Lucas'), as follows: WITNESSETH: WHEREAS, the Cities and Lucas are political subdivisions within the State of Texas, and are all engaged in the provision of governmental services for the benefit of their citizens, and WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (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 own, operate, and maintain an 800 MHz trunked communications system (hereinafter referred to as "System") for the purpose of providing radio communications in support of its governmental operations, and WHEREAS, the Cities entered into an Interlocal Agreement allowing additional users on the System upon the approval of a majority of the Cities; and WHEREAS, Lucas desires to lease certain portions of the System for its governmental operations, and WHEREAS, the parties desire to enter into an agreement under which Plano will provide dispatch services as herein described to Lucas at a fee; and WHEREAS, the use of the System in the provision of governmental services is for the benefit of the public health and welfare, promotes efficiency and effectiveness of local governments, and is of mutual concern to the contracting parties, WHEREAS, Lucas and the Cities have current funds available to satisfy Intadocai ASreement aetvelen the Cldea of AOenlFriscolPtitoD and the City of Lucas to the, the Alien I Frisco i Mano MIO MHz T,unked Communications System and for dispatch a Ioes - EMS and Fire Page 1 ni:Lucas Revised (10131101) any fees and cost required pursuant to this Agreement; and NOW, THEREFORE, the Cities and Lucas, 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 shall begin on October 1, 2001 and shall end on September 30, 2002 unless terminated earlier as provided herein. Thereafter, this Agreement shall automatically renew each year for ten (10) successive one (1) year terms commencing on October 1 of each year and ending on September 30 of the year following each such respective renewal, unless terminated earlier by a majority of the Cities or Lucas according to the terms of this Agreement. Lucas and the Cities herein recognize that the continuation of any contract after the close of any given fiscal year, which fiscal year ends on September 30th of each year, shall be subject to approval by at least two of the governing bodies of the Cities. It. OBLIGATIONS OF CITIES 2.01 The Cities will lease talkgroups to Lucas. Talkgroups are a primary level of organization of users on the System comparable to a channel on a conventional system, (hereinafter referred to as "Talkgroup"). Talkgroups will be established for Lucas by Plano. Talkgroups leased to Lucas shall be exclusively used by Lucas. 2.02 The System Manager for Plano (hereinafter "System Manager") will not activate radios on Lucas Talkgroups nor make changes to Lucas radios without first receiving written authorization from the designated representative of Lucas, 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: (a) coordinating Talkgroups into announcement groups; and (b) grouping of Talkgroups to allow transmitting and receiving on all associated Talkgroups (the "Announcement Group"), as required Interlocal Agmement BeMeen the Cities of AIIeNFniecofPlano and the City of Lucas to use the Allen I Frisco I Plano 800 M11z Trunked Communications System and for dispatch services — EMS and Fire Page 2 n:CLucaa Revised (10!31101) by Lucas, and (c) the operation, maintenance, and control of the Cities' Communications System. 2.04 Upon transfer of fire and Emergency Medical Service (EMS) calls from the Collin County Sheriffs Office, Plano shall: (a) dispatch Lucas fire calls via radio and alpha numeric pager, or in the event of radio malfunction, dispatch via any other method available, and (b) notify EMS provider designated by Lucas when necessary and appropriate. III. OBLIGATIONS OF LUCAS 3.01 The primary Public Safety Answering Point (PSAP) for the City of Lucas shall be the Collin County Sheriffs Office (CCSO). CCSO shall transfer all fire and (EMS) calls to the Plano Emergency Operations Center (EOC). Lucas shall be responsible for maintaining a PSAP for all calls dispatched by Plano under this Agreement and shall promptly notify Plano if the PSAP changes. 3.02 Lucas shall use the System for governmental operations in accordance with this Agreement to provide integration of communications between Lucas and its users on the System. 3.03 When using the System, Lucas shall abide by all applicable federal and state laws and regulations, including all regulations of the Allen, Frisco, and Plano Radio system. When Lucas 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. 3.04 Lucas 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. 3.05 Lucas shall furnish all radios for its own use and shall maintain all such radios. Inunlocal Agreemant Between the Citles of AlkanlFr oMlsno and the Cky of Lucas to use the Allen I Frisco I Plano 000 MNx Trunked communicadons Systar11 and for dispatch sarvkces— EMS and Fire Pape 3 n Lucas R.lead (10131101) 3.06 Lucas shall identify the phone lines and all equipment necessary to accommodate the transfer of calls from its primary PSAP. 3.07 Lucas shall at all times provide Plano with current and accurate street maps of the entire City of Lucas, including all areas that are served by fire, medical and other emergency personnel. 3.08 Lucas shall provide a current and accurate listing of all types of apparatus in its possession and shall provide current and accurate response information. 3.09 Lucas shall designate and identify its EMS Provider, and shall provide all information necessary for Plano to contact the Lucas EMS provider. Such information shall always be kept current and accurate. 3.10 Lucas shall provide all other information that is unique to Lucas Fire Department operations, regardless of the type of information, and shall immediately notify Plano as to changes or modifications of all such information that is reasonably necessary for Plano to provide services under this Agreement. IV. FEES 4.01 The fees to be paid for the services and use of the System shall be assessed against Lucas. All fees due hereunder shall be paid from current revenues legally available to Lucas. Lucas agrees to pay the Cities according to the following schedule: A. Fees shall be as follows: (1) 'Lease radio airtime (per radio, per month) $ 7.00 (2) Lease Talkgroup (per talkgroup, per month) $54.16 (3) Contract services (per month) $54.16 (4) Fees for Fire/EMS Dispatch Services (per year) $8,750 (Billed at twenty-five dollars ($25.00) per call) Includes Two Announcement Groups None of the charges listed above include the cost of maintenance of mobiles, portables, or control stations/points. The monthly fees are based upon current radio units in service (44) and the four (4) Talkgroups use by Lucas. This Interlocal Agreement Betreen Me Ci ies of AIISNFN Plano and Ma City of Lucas m use Me Allen / Frisco / Plano 800 Mf Trunked Communications System and for dispatch services —EMS and Fire Page 4 n% Lucas Revised (10191/01) amount is subject to change by the Cities when Lucas adds or deletes the number of radios and/or Talkgroups in service. The annual fee for dispatch services shall be based upon an average of three hundred fifty (350) calls per year for fire and emergency medical services. Calls exceeding three hundred fifty (350) per year will be billed at a rate of twenty-five dollars ($25.00) per call. If the number of such calls increases by twenty (20) percent or more at any time during this Agreement, Plano shall have the right to re -negotiate the fee required for such services under this Agreement. V. PAYMENTS DUE For the Agreement beginning October 1, 2001 and ending September 30, 2002, Lucas will pay the Cities the Annual Fees specified under Article IV. Lucas agrees to pay for such services within thirty (30) days of the receipt of the 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 This Agreement may be terminated as specified below upon the occurrence of any of the following: a) 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. b) If the Cities permanently discontinue operation of its System, this Agreement shall terminate on the date of discontinuance without further notice. c) 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 ten (10) days of receipt of written notice identifying the reason for such default. 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, Interlocal Agreement f3epwan Ore Chas of fld a dscolPlano and fire City of Luras to use On, Allen / Frisco / Piano ON M! Trunked Communications SyaMrn and for dispatchs Ioae—EMS and Flra Page5 n I Lucas Revised (10131101) 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 or 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. Vlll. IMMUNITY It is expressly understood and agreed that, 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. 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. IX. ASSIGNMENT AND SUBLETTING Lucas agrees to retain control and to give full attention to the fulfillment of this Agreement, that this Agreement will not be assigned or sublet without the prior written consent of a majority of the Cities, and that no part or feature of the work will be sublet to anyone objectionable to the Cities. Lucas further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Agreement, shall 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. This Agreement may be amended only by written instrument signed by a majority of the cities. XI. NOTICES Unless notified otherwise in writing, all notices required to be given to Interlocal Agreement Between the Ckies of Allenirrfaco/Piaw and tM City of Lucas to use the Allen / Frisco / Rano 800 Mk Trunked Communlcadona System and for dispatch services— EMS and Fire Page 6 n:VLucas Revised (10/31/01) 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: City Administrator City of Lucas 151 Country Club Lucas, Texas 75002 (972)727-8999 Allen Representative: Police Chief City of Allen Three Allen Civic Plaza Allen, Texas 75013 (972) 727-0201 Plano Representative: Director of Public Safety Communications City of Plano P.O. Box 860358 Plano, Texas 75086-0358 (972) 941-7931 Frisco Representative : Police Chief City of Frisco 8750 McKinney Road Frisco, Texas 75034 (972)335-5502 XII. AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. Cities have executed this Agreement pursuant to duly authorized action of the City Council of Plano, on February 11, 2002, the City of Allen on December 6, 2001, and the City of Frisco on (`(mdk Iq , 2002. Lucas has executed this Agreement pursuant to duly authorized City Council Resolution No.11-06-01(R), dated November 5, 2001. 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 Meriacal Agreemad Between the Cities of AHerdFrlsetWiano and the City of Lucas to use His Allen / Frisco / Plano 800 MHz Trunked Caranunicarions System and for dispatch services— EMS and Fire Pate 7 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. 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 parry 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. Inlarl gl Agreement Between the Cities of AlieniFllmoO n0 and the Cdy of Lucas to use the Allen / FdSco 1 Plano S00 MR Trunked Communication System and for dispatch setvtm - EMS and Fire Pegg S n:1: Lucas Re iU (10131101) EXECUTED this the � day of `li /Z , 2001. CITY OF LUCAS, TEXAS BY: Linda Shoup City Administrator CITY OF PLANO, TEXAS sr: Thomas H. Mus tenbeck City Manager APPR EDZAST.FORM: ,One C. Wetherbee. CITY ATTORNEY APPROVED AS TO FORM: Peter G. Stfiffi, CI ATTORNEY CRY OF ALLEN, T S SY- Peter rgas, ty Manager CRY OF FRISCO, TEXAS -74 Name:L-j&&�e;UCek�p _ Title: Citv�a4f w�wraurM�rwrrt s.n..., s. e.w a.AIMFAreWPF 8W err. c*dlrobWIIMAIbrrr Fr IFWM m Mt TrY~ Mwr.M 4,.MIWr��lrw-6MR �Fln FFp� rSl'IYOF enW 11d1t10'Ir APPROVED AS TO FORM: ACKNOWLEDGMENTS STATE OF TEXAS ) ) COUNTY OF o ) This instrument was acknowledged before me on the� day of /bio V v wi bet- , 2001, by LINDA SHOUP, City Administrator, of the CITY OF LUCAS, TEXAS, a general law municipality, on behalf of such municipality. —14 Notary Public, Slob of Texas .�"`' "AT"' J WILKISOk STATE OF TEXAS ; "*1 NOTARY BA Y PUBM COUNTY OF COLLIN ) Taxes "'ter`'' Cw EO> 11-13-200 instnAnent was acknowledged before me on the _.2L day of 2002 by THOMAS H. MUEHLENBECK, City Manager of the ITY OF PLA TEXAS, a home -rule municipal corporation, on behalf of such corporation. aAR=NEWNotary PMy CO STATE OF TEXAS COUNTY OF COLLIN VOW / i/.,., r a This instrument was acknowledged before me on the q1h day of lbec,Y ber , 2001 by PETER VARGAS, City Manager of the CITY OF ALLEN,, TEXAS, a hon ^nr2. - rnkn� yaC cr�yf won behalf of such Corp 1 P ':. ^•..+ Connie S.Schofield Notary Peak, Slate of Texas '�• NYCommiman Erq,es •. SEPTEMBER 18, 2004 kdadocelAgreenwM111 r the CidwofMNNFrieuWPieno end City of Luer to wthe Mien f Frkm I Plano SSS MHz Trunked Co Unicad" SyeieEn end M diepMh ee Im—OAS aM Fee Pelle 1S vo%oLmae Rwhied (101311 ) Connie S. Schofield Nolary PoNl,c. Slate of Texas r: xry rpmmsvon10' 2004 `'•3' SEPTEMBER Notary Public, State of Texas STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged to fore me on the 1` f day of �� 2002 by CTe oc w2 YlA( cvL) of the CITY OF FRISCO, TEXAS, andat4o T,� . tits NLunlr.bu,lom on behalf of suchWf �oca�on STEPHANIE MAYS Note PUbli�, Siete Of Texas Of Texa3 N11eq PuElie,Slele of Tens My commission Expires SEPTEMBER 25,2005 Ineorloost Ayreamwrt aelsvae s the clow of A1NNFrWCWPk tro and see City of L.ueae for rna 00 AINn I Fdaeo I Plano 800 MHi Trunked CamnrmkMbw SyNMn end for dbpeleh servieee-1308 and Fins Paha 11 mUesmae Revised (Miffi1)