HomeMy WebLinkAboutResolution - 2007-R0459 - Agreement - City Of New Deal - 800 MHZ Data Radio System - 09_27_2007Resolution No. 2007—RO459
September 27, 2007
Item No. 5.21
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 Agreement for an 800
MHz data radio system, by and between the City of Lubbock and the City of New Deal,
Texas, 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 this 27th
day of September , 2007.
DAVID A. MILLER, MAYOR
ATTEST:
q')
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Mark Y arwood
Assistar# City Manager/Chief Information Officer
APPROVED AS TO FORM:
L.
City Attorney
gslccdocs/Agrmnt.800MHz Data Radio Sys.res
September 5, 2007
Resolution No. 2007-RO459
STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
800 MHz DATA RADIO AGREEMENT
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 LUBBOCK, and the CITY OF NEW DEAL, TEXAS, hereinafter
called 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 an 800 MHz DATA
RADIO AGREEMENT;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
LUBBOCK, for and in consideration of the covenants, conditions, agreements and
stipulations expressed herein, does agree to furnish to the SUBSCRIBER services and
equipment as follows:
LUBBOCK agrees to provide to the SUBSCRIBER 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 DATA RADIO AGREEMENT between the parties. Specifically, the
Agreement period began to function on October 1, 2007.
3. LUBBOCK 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 SUBSCRIBER agrees to pay for services as described in Attachment A.
The SUBSCRIBER will provide the laptop computers for installation and
configuration by LUBBOCK. Costs for services and LUBBOCK provided
equipment will be reviewed annually, and adjusted to reflect actual prior year
expenditures.
5. LUBBOCK agrees to submit an invoice annually. Said invoice will be sent to
the SUBSCRIBER at the address specified hereinafter.
6. LUBBOCK agrees to provide radios and modems as requested by the
SUBSCRIBER at a cost established by LUBBOCK's bid process or actual
cost to LUBBOCK. LUBBOCK reserves the right to limit the addition of radios
and modems to the system to preserve operational efficiency of the system.
Following initial purchase, radio and modem equipment and parts not
included in the maintenance price will be provided at cost by LUBBOCK, plus
three (3) percent for handling and overhead. No charge to the SUBSCRIBER
will be made by LUBBOCK for replacement parts or equipment provided
under warranty to LUBBOCK at no charge by the vendor.
7, All equipment covered by the Agreement shall be programmed, and
maintained (repaired) by LUBBOCK for the term of this Agreement.
8. All other equipment (LAPTOP COMPUTERS) covered by the Agreement
shall be installed by LUBBOCK, and programmed and repaired by the
SUBSCRIBER. LUBBOCK Information Technology staff and SUBSCRIBER
Information Services staff agree to confer on installation software applications
that might impact the RF network communications. LUBBOCK retains the
right to deny applications deemed detrimental to the RF network, but will 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 equipment, 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 SUBSCRIBER.
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 LUBBOCK
decides to replace the current system with newer technology, the
SUBSCRIBER 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. SUBSCRIBER operation of the equipment shall be conducted in accordance
with the Federal Communications Commission's Rules and Regulations.
14. The transmitting frequency utilized in this equipment shall be licensed to
LUBBOCK.
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15. The Agreement may be amended in writing by mutual agreement of the
parties hereto.
16. This Agreement may not be assigned by the SUBSCRIBER except with the
written consent of LUBBOCK.
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:
LUBBOCK:
Mark Yearwood
Managing Director
Information Technology
P.O. Box 2000
Lubbock, Texas 79457
SUBSCRIBER:
Stephen Wheeler
Chief of Police
City of New Deal
P.O. Box 126
New Deal, Texas 79350
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 the 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 LUBBOCK prior to the use of the
equipment on the system.
SIGNED THIS 27th DAY OF September , 2007.
CITY OF LUBBOCK, TEXAS: CITY OF NEW DEAL, TEXAS
DAVID A. MILLER, MAYOR J . BAKER, MAYOR
ATTEST:
Re ecca Garza, City Secr t ry
ATTEST:
Sharon Trumble, City Secretary
APPROVED AS CONTENT: AP OVED AS TO CO TENT:
Mark a oo ephen heeler
Mana ing Director - Information Technology Chief of Police
REVIEWED FOR FO
Amy L,�Sir�! ist�City Attorney
Resolution No. 2007-RO459
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
Infrastructure Fee per device
ANNUAL CHARGES:
Maintenance Fee (labor) per device
Replacement Fee per device
Infrastructure Fee per device
Parts Fee (after first year) per device
$126.00
$ 50.00
$139.00
$245.00
$ 50.00
$ 50.00