R-2236-11-03RESOLUTION NO. 2236-11-03(R)
' 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 CITIES
OF ALLEN, FRISCO, AND PLANO, TEXAS, AND THE CITY OF MURPHY,
TEXAS, PROVIDING TERMS AND CONDITIONS FOR THE USE OF THE CITIES
OF PLANO, ALLEN, AND FRISCO'S TRUNKED RADIO SYSTEM BY THE CITY
OF MURPHY; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR
DESIGNEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the hiterlocal 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
terns thereof; and,
WHEREAS, the City Council has been presented with the proposed Interlocal Cooperation Agreement
("Agreement") by and between the Cities of Allen, Frisco, and Plano, Texas, and the City of Murphy, Texas,
attached hereto as Exhibit "A," providing terms and conditions for the use of the Cities of Plano, Allen, and
Frisco's trunked radio system by the City of Murphy; and,
WHEREAS, the attached Agreement serves a valid public purpose of interest to the City 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 or designee 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,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The terms and conditions of the attached Agreement, having been reviewed by the City
Council of the City of Allen, are hereby in all things approved.
SECTION 2. The City Manager or designee is hereby authorized to execute the attached Agreement and all
other documents in connection therewith on behalf of the City of Allen, substantially according to the terns
and conditions set forth in the attached Agreement.
SECTION 3. This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
' COUNTY, TEXAS, ON THIS THE 25TH DAY OF NOVEMBER, 2003.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley BShelley B. George,�RMC, CITY ECRETARY
Resolution No. 2236-11-03(R), Page 2
AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, PLANO AND THE
CITY OF MURPHY 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 MURPHY, TEXAS, a general -law municipality (hereinafter referred to
as "Murphy"), agree as follows:
WHEREAS, the Cities and Murphy 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, Murphy 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, Murphy and the Cities have current funds available to satisfy
any fees and costs required pursuant to this Agreement.
NOW, THEREFORE, the Cities and Murphy, 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 Murphy to use the Allen, Frisco, and Plano 800 MHz Trunked
Communications System Page 1
A: Standard Interlocal Agreement
I.
TERM
The initial term of this Agreement begins on October 1, 2003 and ends on
September 30, 2004. Thereafter, this Agreement will automatically renew each
year without further action by the respective City Councils for a total of 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 such respective renewal, unless
terminated by either a majority of the Cities or Murphy as set forth herein.
It.
OBLIGATIONS OF MURPHY
2.01 Murphy shall use the System in accordance with this Agreement to
provide integration of communications by Murphy between its users on the
System for governmental operations.
2.02 When using the System, Murphy shall abide by all applicable
federal and state laws and regulations, including any regulations of the Allen,
Frisco, and Plano Radio System. When Murphy uses the System for
interoperability with Talkgroups other than those provided for by this Agreement,
Murphy will also abide by the user rules of those Talkgroups.
2.03 Murphy 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 Murphy 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 Murphy seven (7) 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 Murphy. Talkgroups will be established for Murphy by Plano.
3.02 The Plano System Manager will not activate radios on Murphy
Talkgroups nor make changes to Murphy radios without first receiving
authorization from the designated representative of Murphy, 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 Murphy to use the Allen, Frisco, and Plano 800 MHz Trunked
Communications System Page 2
A: Smndard Interlocal Agreement
' 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
Murphy;
(3) The operation, maintenance, and control of the System.
IV.
FEES
The fees assessed against Murphy and due annually for services and use
of the System are as follows:
(1) 'Lease radio airtime (per radio, per month) $8.00
(2) Lease Talkgroup (per Talkgroup, per month) $58.85
(3) Contract services (per month) $90.00
'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 Murphy before increasing the
fees.
Total Fees for Annual Service
The Cities will calculate the annual fee due based upon nineteen (19) current
radio units in service and seven (7) Talkgroups. This amount is subject to
change when Murphy adds or deletes the number of radios and/or Talkgroups in
service. Murphy must notify Allen, Frisco, and Plano in writing of any addition or
deletion of radios and/or Talkgroups.
V.
PAYMENT DUE
Murphy agrees to pay the Cities the annual fees specified under Article
IV. within thirty (30) days of the receipt of the invoice. Should Murphy add radios
or Talkgroups to the service within a term, Murphy agrees to pay the additional
feels) 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 Murphy to use the Allen, Frisco, and Plano 800 MHz Trunked
Communications System Page 3
A: Standard Interlocal Agreement
' 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. Murphy 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 parry 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
Murphy agrees to retain control and to give full attention to the fulfillment
of this Agreement; Murphy cannot assign or sublet this Agreement without the
Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the
City of Murphy to use the Allen, Frisco, and Plano 800 MHz Trunked
Communications System Page 4
A: Standard Interlocal Agreement
I
I
1
prior written consent of a majority of the Cities. Further, Murphy cannot sublet
any part or feature of the work to anyone objectionable to the Cities. Murphy
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 Murphy 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 Murphy, 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 Murphy 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:
Murphy Representative: Plano Representative
City Administrator
Director
City of Murphy
Public Safety Communications
205 N. Murphy Road
City of Plano
Murphy, TX 75094
P.O. Box 860358
(972) 424-6021
Plano, TX 75086-0358
(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 Murphy to use the Allen, Frisco, and Plano 800 MHz Trunked
Communications System Page 5
A: standard Interl«al Agreement
' 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 Agr ement
pursnt to duly authorized action of the City Council of Plano on Zq( ,
2001 , the City of Allen on o o / ti 9 , 200_1, and the City of Frisco on
G Z , 2005. Murphy has executed _ this Agreement pursuat to duly
authorized City Council Resolution No. , dated '200 3.
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
I
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 Murphy to use the Allen, Frisco, and Piano 800 MHz Trunked
Communications System Page 6
A: Standard Interlocal Agreement
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 6th day of October ppp 3,
CITY OF MURPHY, TEXAS
BY: ✓
David Trudeau, Mayor
APPJaQVED AS TO FORM:
o /LM , City Attorney
Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the
City of Murphy to use the Allen, Frisco, and Plano 800 MHz Trunked
Communications System Page 7
A: Standard Interlocal Agreement
CITY OF PLANO, TEXAS
Thomas H. Muehl nbeck
City Manager
APPROVED AS T FORM:
I e C. Wetherbee, City Attorney
CITY OF ALLEN, TEXAS
BY:
Peter V gas, C' Manager
' APPROVED AS TO FORM:
Pe r G. Smith ity Attorney
L
CITY OF FRISCO, TEXAS
BY:
Georgef Purefoy, City Manager
APPR(AVED AS O FORM:
Richard Abernathy, City Attorney
Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the
City of Murphy to use the Allen, Frisco, and Plano 800 MHz Trunked
Communications System Page 8
A: Standard Interlocal Agreement
rACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the 6th day of
n,t,.hc,• , 2003_, by David Trudeau , Mayor Of the
CITY OF MURPHY, TEXAS, a general -law municipality, on behalf of such
municipality. IT . -4,
Nota L� Public, State of Texas
STATE OF TEXAS ) v
COU OF COLLIN )
is inrument w�Cknowledged before me on the day of
' 2001D by THOMAS H. MUEHLENBECK, City Manager of
tile CITY OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of
such corporation.
=101AIAN TexesrevNotary Public, State of Texas
7
STATE OF TEXAS I
COUNTY OF COLLIN
This instrument was acknowledged before me on the 9d' day of
l4 eALtxLzn. 2003 by PETER VARGAS, City Manager of the CITY OF
ALLEN, TEXAS, a homz -h. tc rnU�dem on behalf of such
KAY DRESCHER
Notary Puaic Notary Pulgic, State of Texas
Stale of Teras
My Comm Exp 00-15 2004
Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the
City of Murphy to use the Allen, Frisco, and Plano 800 MHz Trunked
Communications System Page 9
A: Standard Interlocal Agreement
r
11
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF COLLIN
This nstrumant was acknowledged before me on the 2N day of
, 200 � by GEORGE PUREFOY, City Manager of the CITY
OF FRISCO, TEXAS, a A MMCVLk1e MLtYtfCk Cd on behalf of such
CPrP20 j] CA-\ Cc r O f/)
I
�� �' . I ,II(� � �VJ
' 1 �l�
.Y'�1 DEAN NA NAY g0I6tEY
Netary Publk. Stara of Texas
•"ti,,
My Cwem,ssion Expims
,,.+"
July 15, 2006
Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the
City of Murphy to use the Allen, Frisco, and Plano 800 MHz Trunked
Communications System Page 10
A: Standard Interlocal Agreement
CITY OF FRISCO, TEXAS RESOLUTION NO:
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF FRISCO,
TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE
CITIES OF ALLEN, FRISCO, AND PLANO, TEXAS AND THE CITY OF
MURPHY FOR THE CITY OF MURPHY'S USE OF THE TRUNKED
RADIO SYSTEM OWNED BY THE CITIES OF ALLEN, FRISCO, AND
PLANO; 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 a proposed Interlocal
Cooperation Agreement by and between the Cities of Allen, Frisco, and Plano,
Texas, and the City of Murphy attached hereto as Exhibit "A", providing terms
and conditions for the use of the Cities of Plano, Allen, and Frisco's trunked radio
system by the City of Murphy; and
WHEREAS, the proposed Agreement serves a valid public purpose of
interest to the City 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 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
Frisco.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FRISCO, COLLIN COUNTY, TEXAS THAT:
Section I. The terms and conditions of the Agreement, having been
reviewed by the City Council of the City of Frisco, are hereby in all things
approved.
\\Fdsco2\Resolutions\Resolutions 2003\Murphy ILA Resolution.doc
Section II. The City Manager is hereby authorized to execute the
Agreement and all other documents in connection therewith on behalf of the City
of Frisco, substantially according to the terms and conditions set forth in the
Agreement.
Section III. This Resolution shall become effective from and after its
passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
FRISCO, COLLIN COUNTY, TEXAS, ON THIS THE 2nd DAY OF DECEMBER,
2003.
� ! - /041
W-1 MLA =-EANTA "M
\\Frisco2\Resolutions\Resolutions 2003\Murphy ILA Resolution.doc
RESOLUTION 03-R-395
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURPHY,
TEXAS APPROVING AN INTERLOCAL AGREEMENT WITH THE CITIES OF
ALLEN, FRISCO, AND PLANO FOR THE USE OF THE ALLEN, FRISCO, AND
PLANO 800 MHz TRUNKED COMMUNICATIONS SYSTEM FOR A TOTAL
OF FOUR (4) SUCCESSIVE ONE YEAR TERMS, AND AUTHORIZING THE
MAYOR TO SIGN AND EXECUTE SAID INTERLOCAL AGREEMENT.
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, City of Murphy 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, Murphy has current fiords available to satisfy any fees and costs
required pursuant to this Agreement.
NOW, THEREFORE, THE CITY OF MURPHY, FOR AND IN
CONSIDERATION OF THE RECITALS SET FORTH ABOVE AND TERMS
AND CONDITIONS BELOW, AGREE AS FOLLOWS:
Section 1. The Interlocal Agreement, which is attached hereto as Exhibit "A"
consisting of seventeen sections, is approved by the City Council, and hereby authorizes
the Mayor to sign and execute said Interlocal Agreement between the City of Murphy and
the cities of Allen, Frisco, and Plano.
Section 2. This Resolution and Interlocal Agreement shall take effect
immediately.
- vtd Ttudeau, Mayor
„p.81F.. City of Murphy
.r
Resolution 03-R-395
October 6, 2003
Page 2
ATTEST:
KaylIjamell, City Secretary
APPROVED AS TO FORM:
Robert Brown, City Attorney