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HomeMy WebLinkAboutResolution - 2015-R0069 - Lubbock Emergency Communication District (LECD) - 02/26/2015No. 2015-R0069 nary 26, 2015 No. 6.19 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for equipment for use by the City in the provision of 9-1-1 Emergency Communications, by and between the City of Lubbock and Lubbock Emergency Communication District (LECD), and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 26, 2015 ZA�l C. ROBERTSON, MAYOR ATTEST: 5-?C��- R—ebeica Garza, City Secreta Gre Stev s, Assistant Police Chief APPROVED AS TO FORM: JeTMahYell, Litigation Attorney vw: ccd ocs/RES.Agrnu-LECD January 21, 2015 Resolution No. 2015-R0069 INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this date by and between the Lubbock Emergency Communication District, hereinafter referred to as LECD, acting herein by and through the Chairman of its Board of Managers, pursuant to a resolution duly passed by the LECD Board of Managers and the CITY OF LUBBOCK hereinafter referred to as the CITY. WITNESSETH: WHEREAS, the CITY wishes to provide Enhanced 9-1-1 (E9-1-1) emergency service to its citizens; and WHEREAS, the CITY has passed a resolution to enter into this Interlocal Agreement with LECD, and LECD has passed a resolution to enter into this Interlocal Agreement with the CITY and WHEREAS, the citizens of Lubbock County voted on April 5, 1986 by a vote of 15,209 in favor and 2,431 opposed, to fomt an emergency communication district: and WHEREAS, the LECD Board of Managers ordered the creation of an emergency communication district on May 1. 1956; and WHEREAS, the LECD is a body politic, created under Texas Health and Safety Code, Chapter 772.301 et. seq. as amended, called the Emergency Telephone Number Act, in order to provide 9-1-1 service to the citizens of its jurisdiction; and WHEREAS, the LECD began providing E9-1-1 service to Lubbock County, including all municipalities within Lubbock County, on the 27th day of January, 1989; and WHEREAS, the CITY entered into an Interlocal Agreement with LECD for same or similar services in April, 2000. WHEREAS, the LECD Board of Managers has dctennined that LECD will purchase. provide and maintain, State -of -the -Art Enhanced 9-1-1 Telephone Customer Premises Equipment, which includes call answering equipment and software, hereinafter referred to as CPE, Instant Call Check Recorders with the capability of instant playback of both Telephone and Radio conversations hereinafter referred to as IRR. 24 hour Logging Recorders with the capability of the continuous recording of both radio and telephone conversations, herein atter referred to as LOGGING RECORDER, Un-Interruptable Power Supply (UPS) to provide emergency power to the equipment in the event of power loss, Synchronization Clock (NETCLOCK) to provide an accurate time source for all attached workstations, servers. logging recorders and the like (where applicable), Vela tnterloc;d Agiannent - LECD Equipmeni 2014 — I Mapping Software to locate the caller to 9-1-1 (where requested), and Management Information Software or service to track the number and statistical data on 9-1-1 calls; and WHEREAS, the LECD Board of Managers and the CITY pursuant to the provisions of the Interlocal Cooperation Act, Texas Government Code Chapter 791.01 et. seq., as amended, have determined that it would be in the best interests of the LECD and the inhabitants of the CITY of LUBBOCK and of Lubbock Countv, Texas, to use the Emergency Communication Systems of the LECD; NOW, THEREFORE, the parties agree as follows: 1. That with the cooperation and consent of the CITY, the LECD shall purchase and install the above listed equipment (CPE, IRR, LOGGING RECORDER including any and all required software) for use by the CITY in the provision of 9-1-1 Emergency Communications. which includes, but is not limited to, the answering of 9-1-1 trunks. The above equipment shall be capable of displaying longitude and latitude coordinates of wireless callers. to provide the ability to receive TDD/TTY (Telecommunication Device for Deaf and Hard of Hearing) calls, and SMS (text -to -9-1- 1) messages. That CITY agrees to use the aforementioned equipment in a manner that supports good Emergency Communication and the proper use of 9-1-1. III. LECD shall provide qualified technicians and staff to provide the proper maintenance and repair of the aforementioned equipment at no charge to CITY. Maintenance is provided 24x7x365 through an automated Trouble Ticket System, accessible via Intranet, Email or telephone call. Response to Trouble Tickets will be based on urgency and the functional impact such Trouble Ticket has on the 9-1-1 Center operation. In any case telephone response to the 9-1-1 Center will occur within 60 minutes of the receipt of the Trouble Ticket. IV. LECD shall pay the costs of any upgrade or modifications to the aforementioned equipment to keep it current for the use it was designed for. InlerLxal Agminent LECD Equipment - 2014 - 2 V. The CITY and LECD shall be responsible for training personnel in the proper handling and operating of the aforementioned equipment. LECD will provide the instructors, materials, and location for such training. CITY shall pay all costs incurred by CITY personnel whom attend the training or assist in any implementation tasks specific to their PSAP. These costs may include, but not be limited to, salaries, per diem, and other employment expenses relating to CITY employees. VI The CITY shall be responsible for maintaining proper security procedures for the use of the aforementioned equipment, and the proper preservation and storage procedures for the recordings made by the said LOGGING RECORDER. The CITY is responsible for providing any required external media including but not limited to, CDs, DVD, Tape, or the like. VII. At no charge to LECD, the CITY will provide a suitable site for the installation, operation, and maintenance of the aforementioned equipment. Said site(s) shall meet all specifications of' LECD for the installation. operation. and maintenance of the aforementioned equipment. VIII. Upon request, LECD shall provide CITY with the same number of headsets that CITY has personnel assigned to the 9-1-1 Call Answering/Dispatching function of their agency. Headsets and wireless adapters where applicable shall be of an approved make and model, acceptable to LECD. LECD shall maintain the headsets, either repairing or replacing them. Replacement or repair of headsets damaged by other than normal wear and tear shall be the responsibility of the CITY. IX. Should CITY decide to relocate any part or piece of the aforementioned equipment for any reason other than prevention of damage or destruction of the building due to natural or other disaster, such relocation shall be done under the direction of LECD, but at the expense of the CITY. X. CITY agrees that no hardware shall be added, integrated with, or software loaded, installed, setup, or copied to any computer. workstation, server or other equipment owned by LECD, without prior written permission from LECD. Additionally, any integration or testing costs to insure reliability and compatibility with LECD owned software and hardware shall be paid by the requesting; agency. LECD does not guaranty the successful or reliable operation of third party Interkwal Ag vinmt - LECD Equipment 2014 --- 3 -- equipment integrated to the LECD provided 9-1-1 equipment. This includes but is not limited to radio/telephone integration so that a dispatcher can use a single headset for both, recording of radio traffic to the IRR, Computer Aided Dispatch Systems (CAD), Automatic Vehicle Location Systems (AVL), or other third party hardware or software. LECD reserves the right to audit the contents of hard drives, tape drives, CD-ROM drives or other mass storage device, either physically on-site or remotely, on equipment owned by LECD for unauthorized software, changes to the operating system, viruses or other changes to the original software and hardware configuration, and to make a physical inspection of the equipment at any time during nonnal business hours. LECD reserves the right to remove ANY unauthorized hardware or software not part of the original or revised system configuration. Xl. Should the LECD be dissolved. for any reason, this Interlocal Agreement shall terminate as of the date of dissolution. If the LECD should be dissolved, the removal of equipment shall not be at the expense of the CITY. Should either pant- wish to tenninate sooner, this Interlocal Agreement may be terminated by either party hereto by written notice to the other party at least 180 days prior to the effective date of tennination. If the termination is at the request of the LECD, said termination and removal of equipment shall not be at the expense of the CITY. If the termination is at the request of the CITY, said termination and removal of equipment shall not be at the expense of the LECD. XII. Any notice permitted or required to be given to the LECD hereunder may be given by registered or certified United States Mail, postage prepaid. return receipt requested, addressed to the Lubbock Emergency Communication District, 8200 Nashville Avenue, Suite A200, Lubbock. Texas7942=, or any other address so provided by LECD for these purposes, and such notice shall be deenod given upon the deposit of the notice in the United States Mail as aforesaid. Any notice permitted or required to be given to CITY hereunder may be given by registered or certified United States Mail, postage prepaid, return receipt requested, addressed to the CITY and such notice shall be deemed given upon LECD's deposit of the notice in the United States Mail as aforesaid. 1nntT1,vj1 Aj,,m=mt LECD Equipment 2614 —4— Xlll. This Agreement represents the entire agreement of the parties and that no changes or modifications of this Agreement will be valid, unless evidenced by an instrument in writing signed by the parties. XIV. If either party fails to perfonn its obligations hereunder for a lack of funds or for anv other reason whatsoever, the sole and exclusive remedy of the other party shall be to terminate this Agreement as specified in Paragraph XI above. X V. Each party paying for the performance of governmental functions or services under this Agreement must make those payments from current revenues available to the paying party. XVI This Agreement shall be deemed to be executed in and perfonnable in Lubbock, Lubbock County. Texas. XVII. This Agreement shall remain in full force and effect, subject to modification, until tenninated as herein provided for. WAIVER. (A) All immunities from liability and suit enjoyed by each party within its own territorial limits and jurisdiction shall extend to its participation in performing actions pursuant to this Agreement unless otherwise provided by law. (B) Each party to this Agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. (C) The relationship between the City and the LECD is at all times solely that of contractor/contractee, and may not be deemed, in any event, a partnership or a joint venture and conveys no other rights or privileges. VENUE Each party agrees that if legal action is brought under this Af greement, exclusive venue shall be in Lubbock County. Texas. Inwimal Agmcmml - LECD Equipnnml - 2014 — $ — SAVINGS CLAUSE In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this A f,Reement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. EXECUTED this the 26th day of February , =4 zags— CITY OF LUBBOCK, TEXAS ---Z�A/ Glen bertson, Mayor LUBBOCK EMERGENCY COMMUNICATION DISTRICT ' ;i!fLr�Nr/iY� t YYu+i�rrt /Jt rc�.►w Dated: February 26, 2015_ Dated: •0-C-Kwc y z s—r Lots ATTEST: ifeT fea (Becky) Garza, City ecret ry APPROVED AS TO CONTENT Gr S ns. Assistant Police Chief APPROVED AS TO FORM H sell. Lifigation Attorney Interlocal Agrcatwn - LECD E4uipmou 2014 --6—