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HomeMy WebLinkAboutResolution - 2004-R0523 - Interlocal Agreement - Lubbock County Sherrifs Office - 10_28_2004Resolution No. 2004-RO523 October 28, 2004 Item No. 23 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement by and between the City of Lubbock and the County of Lubbock adding the County's Sheriff's Office to the City's 800MHz Data Radio System. 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 Council. Passed by the City Council this ATTEST: 28th day of October , 2004. C P J, e� - -T —\\� , Reb cca Garza, City Secretary APPROVED AS TO CONTENT: MYearw d orof Information Technology APPROVED AS TO FORM: ty Attorney as/cityAtty/Amy/Interlocal-County of Lubbock October 15, 2004 STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK 800 MHz DATA RADIO AGREEMENT Resolution No. 2004-RO523 October 28, 2004 Item No. 23 This Agreement is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, by and between the CITY OF LUBBOCK, TEXAS, hereinafter called the CITY, and the COUNTY OF LUBBOCK, hereinafter called the COUNTY or Subscriber. WITNESSETH WHEREAS, the governing bodies of the above named entities, both being political subdivisions of the State of Texas, desire to secure the benefits of this 800 MHz DATA RADIO AGREEMENT; NOW THEREFORE, IT IS AGREED AS FOLLOWS: The CITY, for and in consideration of the covenants, conditions agreements and stipulations expressed herein, does agree to furnish to the COUNTY services and equipment as follows: The CITY agrees to provide to the COUNTY radio equipment and communications services as specified herein. Said services will be provided in Lubbock County, Texas. 2. The period covered by this Agreement is ten (10) years from the date of the 800 MHz TRUNKED RADIO AGREEMENT between the parties. Specifically, the Agreement period began to run on September 27, 2001. 3. The CITY shall provide the services and equipment as described in Attachment A, which is attached hereto and incorporated herein by this reference for all purposes. 4. The COUNTY agrees to pay for services as described in Attachment A. The COUNTY will provide the laptop computers for installation by the CITY. Costs for services and CITY provided equipment will be reviewed annually, and adjusted to reflect actual prior year expenditures. 5. The CITY agrees to submit an invoice annually. Said invoice will be sent to the COUNTY at the address specified herein. 6. The CITY agrees to provide radios as requested by the COUNTY at a cost established by the CITY's bid process or actual cost to the CITY. The CITY reserves the right to limit the addition of radios to the system to preserve operational efficiency of the system. Following initial purchase, radio equipment and parts not included in the radio maintenance price will be provided at cost by the CITY, plus three (3) percent for handling and overhead. No charge to the COUNTY will be made by the CITY for replacement parts or radio equipment provided under warranty to the CITY at no charge by the vendor. 7. All radio equipment covered by the Agreement shall be programmed, and maintained (repaired) by the CITY for the term of this Agreement. 8. All other equipment (mobile computers) covered by the Agreement shall be installed by CITY, and programmed and repaired by the COUNTY. CITY Information Technology staff and COUNTY Information Services staff agree to confer on installation software applications that might impact the RF network communications. CITY retains the rightto deny applications deemed detrimental to the RF network, butwill not unreasonably do so. The operation of personal or other unauthorized software shall not be permitted. 9. Additional equipment costs, after initial purchase, as outlined in Attachment A, can be locked in once an order is placed. 10. The installation of mobile radios, as identified in Attachment A, is an estimate. The cost of any special workmanship required to install the mobile radios in existing cars will be at the expense of the COUNTY. 11. All equipment that is broken or damaged is charged at the time of repair. If time and materials are needed, labor is at the rate of $42.00 per hour. 12. New technology is being introduced constantly. In the event the CITY decides to replace the current system with newer technology, the COUNTY will be given the option to negotiate a new arrangement for access to the existing system, or to participate in the purchase of a new system. 13. The COUNTY operation of the radios shall be conducted in accordance with the Federal Communications Commission's Rules and Regulations. 14. The transmitting frequency utilized in the radios shall be licensed to the CITY. 15. The Agreement may be amended in writing by mutual agreement of the parties hereto. 16. This Agreement may not be assigned by the COUNTY except with the written consent of the CITY. 17. Either party may terminate this Agreement at any time after the initial twelve (12) months by giving ninety (90) days written notice to the other party whether or not such other party is in default. 18. All notices contemplated by this Agreement shall be sent to the following: CITY: COUNTY: Director of Information Technology Lubbock County Sheriff P.O. Box 2000 P.O. Box 10536 Lubbock, Texas 79457 Lubbock, Texas 79408 - 3536 19. The parties shall be responsible for their own respective claims, actions, suits, charges and judgments whatsoever that arise out of their respective performance or nonperformance of the subject matter called for under this Agreement. 20. Each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. 21. All equipment payments are due in full to the City of Lubbock prior to the use of the equipment on the system. SIGNED THIS 1 5-�9 DAY OF OdD� 2004. CITY OF LUBBOCK, TEXAS: 1141111 rc Mc oug , MAYOR ATTEST: Rebecca Garza, City SecretAy— LUBBOCK COUNTY, TEXAS: Thomas V. Head, COUNTY JUDGE ATTEST: �44Z-- '-e Doris Ruff, C6tfnty Clerk { APPROVED AS TO CONTENT: Im C�,L M k Yea ood Director of Information Technology REVIEWED FOR FORM: nt City Attorney of City Atfey's Office APPR VED AS TO ONT T: D i Gutierrez Lubbock County Sheriff REVIEWED FOR FORM: B.J. " eni" Hemmeline, Civil Chief Lubbock County Criminal District Attorney's Office Resolution No. 2004-RO523 800 MHz DATA RADIO AGREEMENT ATTACHMENT A The following prices apply to the equipment and services provided for in the aforementioned Agreement: ONE-TIME CHARGES: Installation Fee (3 hours @ 42.00 per hour) per device $126.00 Infrastructure Fee per radio 50.00 ANNUAL CHARGES: Maintenance Fee (labor) per radio $139.00 Infrastructure Fee per device 50.00