R-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