R-2116-11-02RESOLUTION NO. 211(11-02
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF
ALLEN AND THE CITIES OF FRISCO AND PLANO, UNDER WHICH ALLEN,
FRISCO AND PLANO WILL OPERATE A JOINT RADIO COMMUNICATIONS
SYSTEM FOR PUBLIC SAFETY AND MUNICIPAL GOVERNMENT SERVICES;
AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes
governmental entities to contract with each other to perform government functions and services under the terms
thereof; and,
WHEREAS, the City Council has been presented a proposed Amendment to Interlocal Agreement Between City
of Allen, City of Frisco and City of Plano for the Joint Radio System, a substantial copy of which is attached and
incorporated herein by reference (hereinafter called "Amendment'); and,
WHEREAS, upon full review and consideration of the Agreement, and all matters attendant and related thereto,
the City Council is of the opinion that the terms and conditions of the Agreement should be approved, and that the
City Manager should be authorized to execute the Agreement on behalf of the City of Allen.
' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute the attached Amendment to the Inter -local
Agreement for a Joint Radio Communications System for Municipal Services
SECTION2. That this resolution shall take effect immediately from and after its passage in accordance with the
provisions of the Charter of the City of Allen, and it is accordingly so resolved.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 26r" DAY OF NOVEMBER, 2002.
Mllatkwl 319
�7f0p
Stephen Terrell, MAYOR
/ATTEST,:
JutYy Mardian, CMC/MMCA, CITY SECRETARY
' FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN CITY OF ALLEN,
CITY OF FRISCO AND CITY OF PLANO FOR JOINT RADIO SYSTEM TAX
THE STATE OF TEXAS
COUNTY OF COLLIN
WHEREAS, the cities of Allen, Frisco and Plano entered into an Interlocal
Agreement (hereinafter "Agreement") for a Joint Radio Communications System for
Municipal Services (hereinafter "Joint System"), in June, 1998, a copy which is attached
as Exhibit "A;" and
WHEREAS, Allen, Frisco and Plano desire to amend Section VI. of the
Agreement, as allowed by Section XIII., to provide for the use and disposition of
equipment related to the Joint System that was paid in whole or part with Tax Notes.
NOW, THEREFORE, in consideration of the recitals set forth above, which are
adopted herein verbatim as If fully set forth at length, the parties agree as follows:
This First Amendment to the Agreement ("Amendment") is made and entered
into on this the _ day of , 2002, by and between the CITY OF
' ALLEN, a home -rule municipal corporation with the authorization of its governing body,
(hereinafter referred to as "Allen"), the CITY OF FRISCO, TEXAS, a home -rule
municipal corporation with the authorization of its governing body, (hereinafter referred
to as "Frisco") and the CITY OF PLANO, TEXAS, a home -rule municipal corporation
with the authorization of its governing body, (hereinafter referred to as "Plano"),
hereafter collectively referred to as the "Parties."
The Parties agree that with the exception of Section VI. of the Agreement, all
other terms and conditions of the Agreement are unchanged and shall remain in full
force and effect. In the event of any conflict between this Amendment and the
Agreement, the Amendment shall control.
The Parties agree that Section VI. Acquisition/Disposition of Assets of the
Agreement is hereby modified to read in its entirety as follows:
"Assets acquired under this Agreement by each Party must be acquired
and disposed of in accordance with applicable law and the Parties'
respective City Charters. Proceeds for assets shall be divided in
accordance with the same procedure required for cost sharing applied to
the parties at the time the asset was acquired. For example, each Party
shall receive a percentage of the proceeds. The percentage received by
each Party shall be based upon the amount of money paid by such Party
individually after the initial investment identified in this Agreement. This
amount would be proportionate to the total amount of money paid by the
Parties after such initial investment.
Amendment to Agreement
Resolution No. 2116-11-02(R), Page 2
The Parties recognize that the Joint System was paid, whether in whole
or part with Tax Notes issued by one or more of the Parties. The
payment of the Joint System using Tax Notes requires special
consideration with regard to use and disposal of the equipment
associated with the Joint System. The Parties agree that any equipment
associated with the Joint System that was purchased with Tax Notes
shall be used for public purposes only. Upon termination of the
Agreement or earlier disposition of the property, all outstanding Tax
Notes must be satisfied and the equipment must be determined to be
functionally obsolete if it is disposed of for private use. The final
disposition of any equipment purchased with Tax Notes shall be agreed
upon by all Parties to this Agreement.
Each Party paying for assets to be acquired or making any type of
payment pursuant to this Agreement shall make such payments from
current revenues legally available to that respective Party."
IN WITNESS WHEREOF, the parties enter into this Amendment on the date first
written above.
CITY OF ALLEN, TEXAS
BY:
Name: Ff. v; --
Title:
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF FRISCO, TEXAS
M
Name:
Title:
Amendment to Agreement
Resolution No. 2116-11-02(R), Page 3
CITY OF PLANO, TEXAS
BY:
APPROVED AS TO FORM:
Diane C. Wetherbee, CITY ATTORNEY
Thomas H. Muehlenbeck
CITY MANAGER
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the �- day of
2002 by YP'i'ef N. \/.ar•aas , City Manager of the CITY OF
ALLEN, TEXAS, a home -rule municipal corporate , on behalf of said corporation.
` KAY DRESCHER
j' Notary Public
]_ State MTexas
��har��r My Comm Exp. c6-t6-2xW
STATE OF TEXAS
COUNTY OF COLLIN
�ct-c;f. PCS-LA.-C�Y�QN
Notary Publi , State of Texas
This instrument was acknowledged before me on the day of
, 2002 by , City Manager of the CITY OF
FRISCO, TEXAS, a home -rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Amendment to Agreement
Resolution No. 2116-11-02(R), Page 4
u
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the day of
, 2002 by THOMAS H. MUEHLENBECK, City Manager of the CITY
OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Amendment to Agreement
Resolution No. 211611-02(R), Page 5
EXHIBIT 'A'
AGREEMENT BETWEEN THE CITY OF PLANO AND THE
CITY OF ALLEN AND THE CITY OF FRISCO
FOR A JOINT RADIO COMMUNICATIONS SYSTEM
FOR MUNICIPAL SERVICES
This Agreement is made between the CITY OF PLANO, TEXAS, a home -
rule municipal corporation with the authorization of its governing body,
(hereinafter referred to as "Plano"), the CITY OF ALLEN, TEXAS, a home rule
municipal corporation with the authorization of its governing body, (hereinafter
referred to as "Allen") and the CITY OF FRISCO, TEXAS, a home rule municipal
corporation with the authorization of its governing body„ (hereinafter referred to
as "Frisco"), as follows:
WITNESSETH:
WHEREAS, Plano, Allen and Frisco are political subdivisions within the
State of Texas, and each is engaged in the provision of governmental services
for the benefit of its 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 for the
purpose of performing governmental functions and services as set forth in the
Act; and
WHEREAS, each of the municipalities owns and operates its own
independent radio system for the purpose of providing radio communications in
support of its governmental operations; and
WHEREAS, each of the municipalities has investigated and determined
that it would be advantageous and beneficial to the citizens within its respective
municipality to provide increased channel capacity within its respective radio
system; and
WHEREAS, in order to provide increased channel capacity for use by
each of the municipalities and its respective users, and in order to facilitate future
growth, Plano, Allen and Frisco desire to enter into an Interlocal Agreement to
provide a Joint Radio Communications System for Municipal Services
(hereinafter "Joint System"); and
'
Interlocal Agreement Between the City of Plano, the City of Allen
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 2116-11-02(R), Page 6
' WHEREAS, use of this Joint System will provide for an increased
functional system coverage area for each city which will facilitate future growth,
ensure safe, effective and efficient communications, and benefit the greatest
number of citizens both now and in the future; and
WHEREAS, this Agreement will provide the framework for administering
the Joint System, and the costs associated with implementation, maintenance
and operation of the Joint System will be distributed among Plano, Allen, and
Frisco.
NOW, THEREFORE, Plano, Allen and Frisco, (hereinafter collectively
referred to as "Party" or "Parties"), for and in consideration of the mutual benefits
and obligations set forth in this Agreement, agree as follows:
I.
ADMINISTRATION OF THE JOINT COMMUNICATIONS SYSTEM
1.01 Coordinating Committee. Operation and administration of the
Joint System shall be the responsibility of a Coordinating Committee, comprised
of one (1) member from each City, appointed by the respective City Manager
' (hereinafter "Coordinating Committee"). One (1) additional ex -officio member
shall be selected jointly by the three (3) City Managers to serve as Chairperson
of the Coordinating Committee and to assist the Committee, but shall have no
voting authority.
The Coordinating Committee's duties will be to make recommendations to
the respective Parties' governmental bodies of system changes, upgrades,
additional uses and any other aspects of the Joint System. Payment of monies
pursuant to the terms and obligations of this Agreement must be approved by
the governing bodies or their designees of each of the Parties as required by
their respective City Charters and ordinances Administrative decisions may be
made by the Coordinating Committee as allowed under Section VII. and Section
I. §1.02.
1.02 Technical Committee A committee of technical personnel shall
be selected to advise the Coordinating Committee (hereinafter "Technical
Committee"). Each City's Coordinating Committee member shall be able to
appoint up to three (3) persons to serve on the Technical Committee.
Technical Standards for the operation of the Joint System shall be
developed by the Technical Committee and approved by a majority of the
Coordinating Committee. As used in this Agreement, a "majority" shall mean at
' Interlocal Agreement Between the City of Plano, the City of Allan
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 211611-02(R), Page 7
' least 51% of the "Voting Rights" as allocated in Section 3 herein. Once
approved, these standards must be compatible with existing equipment and may
not violate any of the terms of this agreement or of any existing maintenance or
hardware agreement. .
II.
FUTURE EXPANSION OF THIS AGREEMENT
2.01 Parties to this Agreement. All third parties who are served by the
respective radio systems of Plano, Allen, and Frisco at the time of signing of this
Agreement may participate in the Joint System created by this Agreement.
However, for purposes of this Agreement, including its intended operation and
effect, the Parties specifically agree and contract that: (1) this Agreement only
affects the Parties hereto, and is in no way intended by the Parties to benefit or
otherwise affect any third person or entity not a party hereto, notwithstanding the
fact that such third person or entity may be in a contractual relationship with
Plano, Allen, or Frisco, either individually or collectively; and (2) the terms of this
Agreement are not intended to release, either by contract or operation of law,
any third person or entity from obligations owing by them to any of the Parties or
to create any rights for the benefit of third parties, unless expressly provided
herein.
' 2.02 Addition of Users. Upon the approval of a majority of the Parties,
this Agreement may be amended by written agreement so that additional users
may utilize the Joint System under the terms and conditions acceptable to all
Parties.
In addition to any other obligations, any third party added to the Joint
System shall also be required to pay a rate established by the Coordinating
Committee, and if required by Charter or ordinance, approved by the respective
governing bodies of Plano, Allen, and Frisco.
III.
OWNERSHIP INTERESTS OF THE PARTIES
3.01 Radio License Modification. Within ninety (90) days of execution
of this Agreement, the Parties agree to make application to transfer their
respective individually owned Federal Communications Commission (FCC)
licenses into Licenses jointly owned by the Parties.
3.02 Hardware / Software. Each Party shall retain individual ownership
of its respective hardware and software purchased prior to, or as a part of this
' Interlocal Agreement Between the City of Plano, the City of Allen
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 2116-11-02(R), Page 8
L
Agreement. All communications and operating equipment owned by each Party
will continue to be separately owned by such Party.
3.03 Recommendations regarding changes, upgrades, and maintenance
costs for the Joint System will be made to the Parties by the Coordinating
Committee with the voting rights for such issues to be determined as follows.
'Voting Rights" for the purposes set forth in the preceding paragraph shall
be determined by the percentage of each Party's initial investment based upon
the actual cost of infrastructure brought into the Joint System by each Party and
the number of subscribers attributable to each Party compared to the total cost
of the system. The following is a detail of the figures used to determine voting
rights pursuant to this paragraph.
Initial
Number of
Investment
Subscribers
Voting Right
Plano $2,032,826.00
1250
74.5
Frisco $ 384,295.00
141
11.5
Allen $ 384,295.00
220
14.0
3.04 Change in Voting Rights Upon written request of any Party, the
determination of voting rights using factors described above shall be evaluated
by the Coordinating Committee for recommended changes.
IV.
FINANCING AND INFRASTRUCTURE COST SHARING
4.01 The total cost of implementing this Joint System is estimated at
ONE MILLION EIGHTY FIVE THOUSAND NINE HUNDRED AND TWENTY-
FOUR DOLLARS AND 00/100 DOLLARS ($1,085,924.00). The following is a
breakdown of the estimated cost:
• Install 15 Channel Frisco Site $701,924
(paid by Allen and Frisco)
• Upgrade Plano Site to 15 Channels 284,000
(paid by Plano)
• Upgrade Plano Site to Link Frisco/Allen 100,000
jointly shared by the Parties hereto)
Interlocal Agreement Between the City of Plano, the City of Allen
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 2116-11-02(R), Page 9
be: Based on the above, the infrastructure cost for each of the parties shall
Plano: $317,334 Allen: $384,295 Frisco: $384,295
Each Party incurring the costs has the sole responsibility to make
payment to Vendors providing equipment and services for the Joint System to
that Party. In no event shall any Party be held liable for debts incurred by any
other Party as a result of expenditures made pursuant to this Agreement.
4.02 Full Time Radio Technician. Plano shall furnish a full time radio
technician for the purpose of providing service and maintenance of radios and
the Joint System. Plano shall also provide the necessary space, supplies and
equipment and training for this technician. The estimated base salary and
benefit cost for the technician is approximately $42,000.00 and shall be divided
equally between the Parties ($14,000.00 annually for each city during the first
year of the technician's employment). Plano shall pay for all increases in the cost
of benefits for the technician The Parties shall share the cost of increases in the
technician's salary equally; provided however, that no salary increase may
exceed six percent (6%) per year and no Party shall pay more than two percent
(2%) of such salary increase per year.
' 4.03 Comprehensive Maintenance Agreement for Equipment. The
Parties agree that consistent with and to the extent allowed by all laws governing
purchases made by municipalities, they will enter into one comprehensive
maintenance agreement for the Joint System. Each Party shall pay its
respective share of the cost of the comprehensive maintenance agreement
directly to the vendor or vendors supplying service and materials pursuant to the
comprehensive maintenance agreement for its respective share, and such
payments shall be equivalent to the amount required to cover each Party's
infrastructure.
4.04 Maintenance Fund. The Parties agree that there will be
participants who receive beneficial use of the Joint System although not a party
hereto. The Parties agree to charge participants a reasonable fee, as set by the
Coordinating Committee, for this use and such fees shall be remitted to Plano for
the benefit of the parties to this Joint Agreement. These funds shall be used to
pay maintenance expenses. Any additional monies or fees shall be used for
repairs, upgrades or other enhancements to the Joint System. Plano shall
establish a maintenance fund which shall be used as recommended by the
Coordinating Committee and approved by each Party's governing body.
' Interlocal Agreement Between the City of Plano, the City of Allen
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 2116-11-02(R), Page 10
' V.
JOINT SYSTEM USE AND STANDARDS
5.01 Rules. To maintain an effective and safe system, the following
rules shall apply:
a. Talkgroups. A talkgroup is comparable to a "channel" used on a
conventional system. The tens "talkgroup" shall mean a group of radio
users in a common functional responsibility who transmit and talk among
themselves. The number of talkgroups that each Party to this Agreement
may maintain shall not exceed fifteen percent (15%) of the total number
of their respective subscriber units as hereinafter defined. For example, a
city with 500 subscriber units, shall have no more than 75 talkgroups. The
number of talkgroups used by third parties shall be determined by the
Coordinating Committee.
b. Subscriber Units. Subscriber Units are individual radios. There
shall be no limit on the number of Subscriber Units that any of the Parties
utilize on the Joint System.
'
C. Equipment. No Party shall purchase, install or use equipment on
the Joint System, unless such use is approved by the other parties in
writing. If at the time of signing of this Agreement, any Party hereto does
not have fully type -accepted equipment, such Party shall replace such
nonconforming equipment with conforming equipment within three (3)
years from the date of this Agreement. Type -accepted equipment is
equipment that is FCC approved on a "Smart Net System."
5.02 Joint System Priorities. The Parties agree that radio transmission
for the Joint System is as follows from highest to least priority:
1. Emergency Activations
2. Community Warning Systems
3. Police/Fire/EMS
4. Non Public Safety - Special Events
5. Non Public Safety - Schools
6. Non Public Safety
' Interlocal Agreement Between the City of Plano, the City of Allen
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 2116-11-02(R), Page 11
' vl.
ACQUISITION/DISPOSITION OF ASSETS
Assets acquired under this Agreement by each Party must be acquired
and disposed of in accordance with applicable law and the Parties' respective
City Charters. Proceeds for assets shall be divided in accordance with the same
procedure required for cost sharing applied to the parties at the time the asset
was acquired. For example, each Party shall receive a percentage of the
proceeds. The percentage received by each Party shall be based upon the
amount of money paid by such Party individually after the initial investment
identified in this Agreement. This amount would be proportionate to the total
amount of money paid by the Parties after such initial investment.
Each Party paying for assets to be acquired or making any type of
payment pursuant to this Agreement shall make such payments from current
revenues legally available to that respective Party.
VII.
SYSTEM MANAGEMENT AND OPERATION
The City of Plano shall perform the day to day operation and management
of the Joint System. Policies and procedures for specific management issues
shall be pre -determined and approved by the Coordinating Committee. The
Coordinating Committee shall make all decisions regarding matters other than
the day to day operation and management of the Joint System.
VIII.
MAINTENANCE AGREEMENTS
To the extent allowed by laws governing purchases made by
municipalities, all tower site equipment shall be placed under one (1)
comprehensive maintenance agreement. Any additional maintenance
agreements for consoles, subscriber units, and other non -tower site equipment
shall be the sole responsibility of the individual Party entering into such
agreement.
IX.
TERMINATION OF THE AGREEMENT
This Agreement shall be automatically renewed annually for a period of
ten (10) one year terms in order to allow each Party the opportunity to recover
their investment, unless terminated earlier as provided herein. Should
Interlocal Agreement Between the City of Plano, the City of Allen
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 211&11-02(R), Page 12
circumstances exist that require one or more parties to terminate this Agreement,
then such termination shall be with the following conditions:
This Agreement may be terminated upon one (1) year written notice to the
other Parties by the Party seeking termination. Upon termination, the Party
terminating shall be entitled to seek an FCC license with the same frequencies
which the Party had prior to the execution of this Agreement.
Reimbursement - The Party terminating this Agreement shall reimburse
the remaining Parties for investments made during the period of this Agreement
for the Joint System by repaying a percentage of the investment attributable to
the upgrades provided to the Party seeking termination.
a. Upon termination occurring during years 1 through 4 of this
Agreement, the terminating Party shall reimburse the Joint System for
75% of the investments, i.e., enhancements, upgrades and other
expenditures attributable to the use of the Joint System by the terminating
Party up to the date of termination.
b. Upon termination occurring during years 5 through 7 of this
Agreement, the terminating Party shall reimburse the Joint System for
' 50% of the investments, i.e., enhancements, upgrades and other
expenditures attributable to the use of the Joint System by the terminating
Party up to the date of termination.
C. Upon termination occurring during years 8 through 10 of this
Agreement, the terminating Party shall reimburse the Joint System for
25% of the investments, i.e., enhancements, upgrades and other
expenditures attributable to the use of the Joint System by the terminating
Party up to the date of termination.
X.
RELEASE AND HOLD HARMLESS
Each of the Parties does hereby agree to waive all claims against,
release, and hold harmless the other Parties and their respective officials,
officers, agents, representatives, and employees, in both their public and private
capacities, from any and all liability, claims, suits, demands, losses, damages,
attorneys fees, and costs, 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 the acts or omissions of their respective officials, officers,
' Interlocal Agreement Between the City of Plano, the City of Allen
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 211611-02(R), Page 13
agents, representatives, and employees related to or arising out of the
performance of this Agreement. In the event that a claim is filed, each Party
shall be responsible for its proportionate share of liability. The Parties agree that
each shall be liable only for damages, including attorneys fees and costs,
related to or arising out of the intentional or negligent act or omission of their
respective officials, officers, agents, representatives, and employees in the
performance of this Agreement.
XI.
IMMUNITY
It is expressly understood and agreed that, in the execution of this
Agreement, no Party waives, 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.
XII.
' ASSIGNMENT AND SUBLETTING
The Parties shall not assign, sublet, subcontract or transfer any interest in
this Agreement without the prior written consent of the other Parties. No
assignment, delegation of duties or subcontract under this Agreement will be
effective without the written consent of the Parties.
XIII.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between
Plano, Allen, and Frisco and supersedes all prior negotiations, representations
and/or agreements, either written or oral with regard to the subject matter hereof.
This Agreement may be amended and modified only by written instrument
signed by all Parties.
XIV.
NOTICES
Unless notified otherwise in writing in accordance with this section, all
notices required to be given to any Party hereto shall be in writing and delivered
Interlocal Agreement Between the City of Plano, the City of Allen
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 211611-02(R), Page 14
' in person or sent by certified mail, return receipt requested, to the respective
Parties at the following addresses:
Allen Representative:
Plano Representative:
Chief of Police
Director of Public Safety
Communications
Allen Police Department
City of Plano
Three Allen Civil Plaza
P.O. Box 860356
Allen, Texas 75013
Plano, TX 75086-0358
(972)727-0200
(972)516-2411
Frisco Representative:
Chief of Police
Frisco Police Department
8750 McKinney Road
Suite 500
Frisco, Texas 75034
(972)335-5502
XV.
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. Plano has executed this Agreement
pursuant to duly authorized action of the City Council on , 1998.
Allen has executed this Agreement pursuant to duly authorized action of the City
Council on , 1998. Frisco has executed this Agreement
pursuant to duly authorized action of the City Council on '1998.
XVI.
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, any
Party may terminate this Agreement by giving the other Parties thirty (30) days
written notice.
Interlocal Agreement Between the City of Plano, the City of Allen
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 2116-11-02(R), Page 15
XVII.
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.
XVIII.
INTERPRETATION OF AGREEMENT
This is a negotiated document. Should any part of this Agreement be in
dispute, the Parties agree that the terms and provisions of this Agreement shall
not be construed more favorably for or strictly against any Party.
XIX.
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 (t) or more instances of forbearance by any Party in
the exercise of its respective rights under this Agreement shall in no way
constitute a waiver thereof.
XX.
SUCCESSORS AND ASSIGNS
The Parties bind themselves, their respective successors, executors,
administrators and assigns, to the other Parties to this contract. References in
this Agreement to Plano, Allen, and Frisco, whether individually or collectively,
includes the successors and assigns of each of the respective Parties.
XXI.
DISPUTE RESOLUTION
In the event of a dispute regarding any aspect of this Agreement, the
Coordinating Committee shall act as mediator. If the Coordinating Committee is
unable to agree on a resolution, then the issue shall be referred to a joint
meeting of the City Managers of each of the Parties. If the matter continues to
Interlocal Agreement Between the City of Plano, the City of Allen
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 2116-11-02(R), Page 16
remain unresolved after this process, the Parties shall refer the matter to outside
mediation for resolution prior to engaging in litigation.
XXII.
GOVERNMENTAL FUNCTION
The Parties have determined by their execution of this Agreement that this
Agreement and the obligations of the Parties contained herein are in discharge
of a governmental function as set forth in the Interlocal Cooperation Act, and
participation in this Agreement by one Party shall not be construed as creating
any kind of agency relationship, partnership, or joint enterprise between the
Parties.
XXIII.
HEADINGS
The headings of this Agreement are for convenience of reference only
and shall not affect in any manner any of the terms and conditions of this
Agreement.
XXIV.
DUPLICATE ORIGINAL DOCUMENTS
' This Agreement will be executed in three identical counterparts, each of
which shall be deemed an original for all purposes.
EXECUTED this the day of 1998.
CITY OF ALLEN, TEXAS
99
APPROVED AS TO FORM:
Name:
Title:
' Interlocal Agreement Between the City of Plano, the City of Allen
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 2116-11-02(R), Page 17
CITY OF FRISCO, TEXAS
=l'A
APPROVED AS TO FORM:
Name:
Title:
CITY OF PLANO, TEXAS
IVIN
' APPROVED AS TO FORM:
Diane C. Wetherbee, CITY ATTORNEY
Thomas H. Muehlenbeck
City Manager
Interlocal Agreement Between the City of Plano, the City of /Ulan
and the City of Frisco for a Joint Communications System
Exhibit " A" to First Amendment
Resolution No. 211611-02(R), Page 18
E
ACKNOWLEDGMENTS
STATE OF TEXAS )
COUNTY OF )
This instrument was acknowledged before me on the _ day of
1998, by
of the CITY OF ALLEN, TEXAS, a
on behalf of such
STATE OF TEXAS )
)
COUNTY OF )
Notary Public, State of Texas
This instrument was acknowledged before me on the day of
' by
the ,
of the CITY OF PRISCO, TEXAS, a
. on behalf of such
Notary Public, State of Texas
STATE OF TEXAS )
COUNTY OF COLLIN )
This instrument was acknowledged before me on the day of
, 1998 by THOMAS H. MUEHLENBECK, City Manager of the
CITY OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of such
corporation.
Notary Public, State of Texas
' Interlocal Agreement Between the City of Plano, the City of Allen
and the City of Frisco for a Joint Communications System
Exhibit "A" to First Amendment
Resolution No. 2116-11-02(R), Page 19