R-2316-8-04RESOLUTION NO. 2316-8-04(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 AGREEMENT BY AND AMONG
THE CITIES OF ALLEN, FRISCO, AND PLANO, WITH THE EAST TEXAS
MEDICAL CENTER FOR THE USE OF THE TRUNKED RADIO SYSTEM OWNED
BY THE CITIES OF ALLEN, FRISCO, AND PIANO; AUTHORIZING
EXECUTION OF THE INTERLOCAL AGREEMENT 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 with the attached Interlocal Cooperation Agreement
("Agreement") by and among the Cities of Allen, Frisco, and Plano, with the East Texas Medical Center, for
the use of the 800 MHz trunked radio system owned by the Cities of Allen, Frisco, and Plano; and,
WHEREAS, the attached Agreement serves a valid public purpose of the Emergency Medical Services 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 Agreement, and all matters attendant and
related thereto, the City Council is of the opinion that the terms and conditions of the attached Agreement
should be approved, and that the City Manager should be authorized to execute the attached Agreement 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 Agreement 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 Agreement and all other
documents in connection therewith on 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 111m DAY OF AUGUST, 2004.
APPROVED:
Stephen
Stephen Terrell, MAYO
' ATTEST:
Shelley B. GeoW, TRMC, Cr4fSECRETARY
AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, PLANO AND EAST
TEXAS MEDICAL CENTER 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 EAST TEXAS MEDICAL
CENTER a hospital non-profit corporation (hereinafter referred to as "ETMC"),
agree as follows:
WHEREAS, The Cities of Allen, Frisco, and Plano jointly own, operate,
and maintain an 800 MHz trunked communications system (hereinafter referred
to as "System") for the purpose of providing radio communications in support of
its governmental operations; and
WHEREAS, ETMC wishes to use the Cities' System to provide
emergency medical services to the South East Collin County Coalition; and
WHEREAS, the Cities hereby consent to such use of the System by
ETMC, and recognizes that such use benefits the public health and welfare.
NOW, THEREFORE, the Cities and ETMC, for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows:
I.
TERM
The initial term of this Agreement shall begin on October 1, 2003 and
shall end on September 30, 2004, unless terminated earlier as provided herein.
Thereafter, this Agreement will automatically renew each year for four (4)
successive one (1) year terms that commence on October 1 of each year and
end on September 30 of the year following each respective renewal, unless
terminated earlier by either a majority of the Cities or ETMC as set forth herein.
II.
OBLIGATIONS OF PARTIES
2.01 Plano shall provide ETMC with a block of 160 radio identification
numbers (aliases).
2.02 ETMC shall use the System in accordance with this Agreement to
' provide interoperability of communications by and between ETMC and its users
Agreement Between the Cities of Allen, Frisco, and Plano and East Texas
Medical Center to use the Cities of Allen, Frisco, and Plano's 800 MHz Trunked
Communications System Page 1
N:ETMC(1112003, Revised 6)2004(
on the System only for the purpose of conducting governmental operations
specifically identified herein.
2.03 When using the System, ETMC shall abide by all applicable
federal, state, and local laws, rules, and regulations, including any rules and
regulations of Allen, Frisco, and Plano Radio System. When ETMC is using the
System for interoperability with talkgroups other than those provided for by this
Agreement, ETMC shall also abide by the rules for such talkgroups.
2.04 ETMC must make written requests to the System Manager for the
activation of radios on the System, which must include the model and serial
number of the radio, the name of the user, and the required talkgroups.
2.05 ETMC shall be responsible for furnishing, programming and
maintaining all its radios.
2.06 ETMC may program all of its base -station radios and up to one
hundred (100) mobile/portable units with the applicable talkgroups.
Programming additional units will require the permission of the Cities.
2.07 ETMC may operate no more than two (2) mobile/portable units on
their talkgroup at any one time.
2.08 ETMC shall operate on Allen, Frisco, and Plano joint system ONLY
for purposes related to their provision of emergency medical services to the
member cities of the South East Collin County Coalition. Any other use by
ETMC is prohibited.
III.
FEES
3.01 The fees assessed against ETMC and due annually for the
services and use of the System are as follows:
Agreement Between the Cities of Allen, Frisco, and Plano and East Texas
Medical Center to use the Cities of Allen, Frisco, and Piano's 600 MHz Trunked
Communications System Page 2
N:ETMC(IV2003, Revised 6/2004)
(1)
Lease radio airtime (per month, per radio)
(2 radios)
$
8.00
(2)
Lease Talkgroup (per month, per talkgroup)
(1 Talkgroup)
$
118.00
(3)
Contract services (per month)
$
118.00
(4)
Radio Alias Fee (per month, per radio)
(100 radios)
$
3.75
None of
the charges listed above include the cost
of
maintenance of
mobiles,
portables, or control stations/points.
'
Agreement Between the Cities of Allen, Frisco, and Plano and East Texas
Medical Center to use the Cities of Allen, Frisco, and Piano's 600 MHz Trunked
Communications System Page 2
N:ETMC(IV2003, Revised 6/2004)
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 ETMC before increasing the fees.
Total Fees For Annual Service
The Cities will calculate the annual fee due based upon two (2) current radio
units in service and one (1) Talkgroup. This amount is subject to change when
ETMC adds or deletes the number of radios and/or Talkgroups in service.
For the initial term of the Agreement, ETMC shall pay Plano SEVEN
THOUSAND FIVE HUNDRED TWENTY FOUR AND NO1100 DOLLARS
($7,524.00)
IV.
PAYMENTS DUE
ETMC agrees to pay the Cities the annual fees specified under Article III.
within thirty (30) days of the receipt of the invoice. Should ETMC add radios or
Talkgroups to the service within a term, ETMC agrees to pay the additional
fees(s) due within thirty (30) days of invoice.
V.
TERMINATION
5.01 Termination of this Agreement may occur by any of the following
(a) Either party may terminate this Agreement at any time by giving
ninety (90) days advance written notice. ETMC shall pay for all
fees incurred through the effective date of termination.
(b) If the Cities permanently discontinue operation of the System, this
Agreement shall terminate on the date of discontinuance without
further notice.
(c) In the event of any default of any term, this Agreement may be
terminated at either party's discretion if the default is not cured
within ten (10) days of receipt of written notice identifying the
reason for such default.
Agreement Between the Cities of Allen, Frisco, and Plano and East Texas
Medical Center to use the Cities of Allen, Frisco, and Plano's 800 MHz Trunked
Communications System Page 3
N:ETMC(1112003, Revised 8)2006)
VI.
INDEMNIFICATION
ETMC shall release, defend, Indemnify and hold harmless the Cities and
its officers, agents and employees from and against all damages, injuries
(including death), claims, property damages (including loss of use), losses,
demands, suits, judgments and costs, including attorney's fees and expenses, in
any way arising out of, related to, or resulting from the performance of the work
or caused by the negligent act or omission of ETMC, its officers, agents,
employees, subcontractors, licensees, invitees or any other third parties for
whom ETMC is legally responsible (hereinafter "Claims"). ETMC is expressly
required to defend the Cities against all such Claims.
In their sole discretion, the Cities shall have the right to reasonably
approve defense counsel to be retained by ETMC in fulfilling its obligation
hereunder to defend and indemnify the Cities, unless such right is expressly
waived by the Cities in writing. The Cities reserve the right to provide a portion
or all of its own defense; however, the Cities are under no obligation to do so.
Any such action by the Cities is not to be construed as a waiver of ETMC's
obligation to defend the Cities or as a waiver of ETMC's obligation to indemnify
' the Cities pursuant to this Contract. ETMC shall retain the Cities approved
defense counsel within seven (7) business days of Cities' written notice that
Cities are invoking the right to indemnification under this Contract. If ETMC fails
to retain Counsel within such time period, the Cities shall have the right to retain
defense counsel on their own behalf, and ETMC shall be liable for all costs
incurred by Cities.
VII.
ASSIGNMENT AND SUBLETTING
ETMC agrees to retain control and to give full attention to the fulfillment of
this Agreement; ETMC cannot assign or sublet this Agreement without the prior
written consent of a majority of the Cities. Further, ETMC cannot sublet any part
or feature of the work to anyone objectionable to the Cities. ETMC 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 ETMC from its full
obligations to the Cities as provided by this Agreement.
Agreement Between the Cities of Allen, Frisco, and Plano and East Texas
Medical Center to use the Cities of Allen. Frisco, and Piano's 800 MHz Trunked
Communications System Page 4
N:ETMC(i1/2003, Revised 8/2004)
vul.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between
the Cities and ETMC 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 ETMC and the Cities, except
that execution of an amendment for assignment or subletting only requires the
signature of a majority of the Cities.
IX.
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:
ETMC Representative:
Plano Representative:
Anthony J. Myers
Director of Public Safety
Vice President
Communications
East Texas Medical Center
City of Plano
352 South Glenwood Avenue
P.O. Box 860358
Tyler, Texas 75702
Plano, TX 75086-0356
(903) 535-5800
(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
X.
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 aj,�Q. '? , 200 the
City f Allen on /O , 200 , and th Ci of Frisco onQ ,
200#. ETMC has a ecuted this Agreement on , 200±.
Agreement Between the Cities of Allen, Frisco, and Plano and East Texas
Medical center to use the Cities of Allen, Frisco, and Planes 800 MHz Trunked
Communications System Page 6
N:ETMC(11=03, Revised 612004)
I
XI.
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.
XII.
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.
XIII.
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.
XIV.
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.
Agreement Between the Cities of Allen, Frisco, and Plano and East Texas
Medical Canter to use the Cities of Allan, Frisco, and Plano's 800 MHz Trunked
Communications System Page 8
N:ETMC(1112003. Revised 612004)
' XV.
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
both parties.
EXECUTED this the &5L_ day of%�, 2001/-
EAST
001/-
EAST TEXAS MEDICAL CENTER
BY:
Name:/+ T • h " s
Title: ce+
CITY OF PLANO, TEXAS
Y:
homas H. ue l nbeck
City Manager
APPROVED AS TO FORM:
,�Ccl�-arae-�
r4 -A -Diane C. Wetherbee, CITY ATTORNEY
Agreement Between the Cities of Allen, Frisco, and Plano and East Texas
Medical Center to use the Cities of Allen, Frisco, and Piano's 800 MHz Trunked
Communications System Page T
N:ETMC(1i/2000, Revised 612004)
[1
CITY OF ALLEN, TEXAS,
BY:
Peter Varg ,City anager
APPROVED AS TO FORM:
1 1�CD�"CYrt,"'i-
eter G. Smifh, CITY ATTORNEY
CITY OF FRISCO, TEXAS
BY: CK y, cj h
Georgid Purefoy, City Manager
APPROVED AS TO FORM:
Richard Abernathy, CITY ATTORNEY
Agreement Betvreen the Cities of Allen, Frisco, and Plano and East Texas
Medical Center to use the Cities of Allen, Frisco, and Plano's 800 MHz Trunked
Communications System
N:ETMC(1112003, Revised 812000)
Page 8
I
ACKNOWLEDGMENTS
STATE OF TEXAS )
)
COUNTY OF
This instrument was acknowledged before me on the ffA— day of
200 , by�,'4 iifly�
of EAST TEXAS MEDICAL CENTER, J H'ospl-
profit corporation, on behalf of such corporation.
DONNAS. MIPUNG
t'i r_ MY CDMMISSION EXPIRES
Social" 15, 2D07
tary Public, tate #f Texas(/
STATE OF TEXAS
COUNTY OF COLLIN
THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO,
TE , a hom rule municipal corporation, on behalf of su corporation,
a n g d is instr ant before me on the � day of
200
BARBARA NEWELL
�g,� ) Notary Public, State of Taxes At,,lic, State of Texas
?''r ,"7 My Commission Expires
October 07, 2007
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the �A day of
uSf 2004 by PETER VARGAS, City Manager, of the CITY
OF ALLEN, TEXAS, and a hNrtc•rufa Mris,! e o(Ce I t behalf of such
�er�plprdl' ..�
/r �'i°>~: Connie S. ScMMbId Ratcaz, 1 l�sAG
(.: eiNWryPielle,61s1e01iexes Notary Public, Statb of Texas
\'�+` �>�SEP EMBERm78 ppq
Agreement Between the cities of Allen, Frisco, and Plano and East Teves
Medical Canter to use the Cities of Allen, Frisco, and Piano's 800 MHz Trunked
Communications System Page 9
N:ETMC(11/2007, Revised 612004)
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF COLLIN
T Is Instrument was acknowledged before me on the .17,Y) . day of
200by GEORGE PURl City Manager of the CITY
OF FRI CO, TEXAS, a �D 01 on behalf of such
CDr
,fir Ivaxr wllwo
4Na u , State of xas
j :'•�'tf i NOmy Comrnl d6 Texas
' t 1l. 100
Agreement Between the Cities of Allen, Frisco, and Plano and East Texas
Medical Center to use the Cities of Allen, Frisco, and Plano's 800 MHz Trunked
Communications System Page 10
N:ETMC(11/2003. Revised 6120041