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Home My WebLink AboutResolution - 2010-R0229 - Interlocal Agreement W/LECD To Install Equipment - 05/13/2010Resolution No. 2010-RO229 May 13, 2010 Item No. 5.25 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 Cooperative Agreement between the City of Lubbock and the Lubbock Emergency Communications District (LECD) to allow the LECD to install equipment on the communications tower located at 2950 E. 23`d Street. 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 May 13, 2010 ATTEST: L-- J 4&Z TOM MARTIN, MAYOR Garza, City Secretary AS TO CONTENT: Assihtant City Manager State of Texas County of Lubbock Resolution No. 2010-RO229 Interlocal Cooperative Agreement This AGREEMENT is entered into this 13th day of May , 2010, between the Lubbock Emergency Communication District (LECD) and the City of Lubbock, Texas. WHEREAS, Lubbock Emergency Communications District provides 9-1-1 service and equipment to several public safety answering points in Lubbock County, including the Lubbock City Police Department, Lubbock Fire Department, Plainview Police Department, Slaton Police Department, Texas Tech Police Department, Lubbock County Sheriff's Department, Slaton Fire Department and Lubbock EMS WHEREAS, LECD in an effort to provide a redundant 9-1-1 network to facilitate a robust and stable network to deliver 9-1-1 calls and related public safety data to the appropriate agency, LECD will put in place a wireless network as a back up to the existing network(s) currently in use and currently being built. WHEREAS, One portion of the wireless network entails placing equipment on the communications tower located at 2950 E 23`d St. (known as Sunrise) in the City of Lubbock as a connection point in the "ring" network design. This site provides completion of a ring connection from the City of Lubbock Police Department, Texas Tech Police Department and the Lubbock City Fire Department as well as the LECD network control equipment located at the Lubbock Fire Department in Lubbock, Texas. WHEREAS, LECD will bear all costs of the purchase, installation, replacement and maintenance of the equipment to facilitate this wireless 9-1-1 network back up. NOW THEREFORE, the parties agree to the following: Article I Purpose of Agreement The purpose of this agreement is to allow the Lubbock Emergency Communication District to install equipment on the communications tower located at 2950 E 23`d St. (known as Sunrise) in Lubbock, Texas, that will serve as a midpoint between Public Safety Answering Points and the Lubbock Fire Department where the LECD 9-1-1 network equipment is located. This equipment will serve to provide a backup network for the existing 9-1-1 network and future Public Safety Emergency Networks. Article II Term of Agreement This agreement shall commence May 13, 2010, and will automatically re -new itself annually unless either party terminates the agreement. Article III Obligations of LECD 1. LECD shall purchase and install the equipment. 2. LECD shall install an Exterior NEMA Outdoor Cabinet on a "H" Frame which will be set in concrete. 3. LECD will maintain the equipment. 4. LECD will be responsible for all matters including personal injury and property damage arising out of the installation, replacement and maintenance of the equipment. S. LECD, upon request, will make available to the City of Lubbock limited bandwidth on the Wireless Broadband Network for the specific use of backup data connectivity between the Lubbock Fire Department and Lubbock Police Department. Article IV Obligations of the City of Lubbock The City of Lubbock agrees to provide the locations to mount the equipment. 2. The City of Lubbock agrees to provide electrical power and back-up generator power (if such back-up power is available) at the site. The City of Lubbock agrees to provide access to the equipment for maintenance and replacement purposes. Article V Indemnification LECD, to the extent permitted by law, agrees to defend, indemnify and hold the City of Lubbock harmless for all claims for compensation for any loss, damage, personal injury, or death occurring as a consequence of performance of this Agreement. Article VI No Waiver of Immunity It is expressly understood and agreed that under this Agreement neither party waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Article VII Severability In case any one or more of the provisions contained in the Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such fact shall not affect any other provision thereof and this Agreement shall be construed as if the stricken provision had never been contained herein. Article VIII Modification This Agreement may be amended or modified by the mutual agreement of both parties hereto in writing; such writing will be attached hereto and incorporated unto this Agreement. Article IX Entire Agreement This Agreement contains all commitments and obligations of the parties and represents the entire agreement of said parties. No verbal or written conditions not contained herein shall have any force or effect to alter any term of this agreement. Article X Termination This Agreement will remain in effect until either LECD or the City of Lubbock notify the other in writing at least 90 days before the termination date. Article XI Execution This Agreement shall be executed by the duly authorized officials of LECD and the City of Lubbock. Article XII Paragraph Headings The captions, numbering sequences, titles, paragraph headings, punctuation and organization used in this Agreement are for convenience only and shall in no way define, limit, or describe the scope or intent of this Agreement or any part of it. Article XIII Understanding, Fair Construction By execution of this Agreement, the parties acknowledge that they have read and understand each provision, term and obligation contained in this Agreement. This Agreement although drawn by one party, shall be construed fairly and reasonably and not more strictly against the drafting party than the non -drafting party. Article XIV Interlocal Agreement Provisions LECD and the City of Lubbock are authorized by law to perform the functions or services to be performed under this Agreement. Article XV Attachments - Diagram of LECD wireless network. - List of equipment to be located on the Sunrise Tower. - Copy of insurance binder from vendor installing equipment. Article XVI Notices Any notices due under the provisions of this Agreement shall be made in writing and shall be addressed to the following: LECD Michael H Grossie, ENP Executive Director Lubbock Emergency Communication District 8200 Nashville Avenue, Suite A200 Lubbock, Texas, 79423 City of Lubbock Mark Yearwood Assistant City Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 IN WITNESS WHEREOF, the parties to these presents have executed this Agreement on the date first above written. City of Lubbock: BY: Tom Martin, ayor Attest: Rebe ca Garza, City Secretary Approved as to Content: C"� " 4,-4 Markearwoo , Assistant City Manager Approved as to Form: Bryrn en, Assis ant City Attorney LECD: Michael H. Grossie, Executive Director System Engineer. Mike Reyes Mroyos@wirelessbc.com 281-904-6040 Desian Phase: FINAL Date: 111812010 Exhibit A Goble Tower 0 $;feet Tower Four Tower Ptanmew Water Tower Resolution No. 2010-RO229 Faalry o rcia 4� cWS T&*w SL,aw Wmer toner MOTIONOLA Authorized Networking Solutions Provider Resolution No. 2010—RO229 Equipment List Two (2) 4.9 GHz PT600 Integrated Radios/Antennas — each 14"x14" weighing 12 Lbs. Mounting per best practices recommended by Tower Crew. Locations on tower will be: 180 Foot facing Northwest and 180 Foot facing Southwest. Exterior NEMA rated cabinet approx. 24"x24"x12". Two (2) PTP600 IDU (Power Units) mounted in exterior enclosure. These units measure 9.75"x1.5"x3.0" and will mount in the exterior enclosure. Cat 5e cable from each listed IDU to each listed Integrated Radio/Antenna. Motorola recommended grounding and lightning protection. LECD Wireless Project H -Frame With Nema Enclosure Resolution No. 2010-RO229 R� CERTIFICATE OF LIABILITY INSURANCE Co ME2 02/23/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cravens/Warren 6 Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 41328 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77241-1328 Phone:713-690-6000 Fax:713-690-6020 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER Travelers INSURER 9 Commercial Wireless Solutions, INSURER PO Box 841691 INSURER Houston TX 77284 INSURER E UVVCRNVCa INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING THE POLICIES OF ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE (MMIDD/YYYY) DruuCY ATE (MM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OCC0URRENCE $1,000,000 PREMISES (Ea occur e) S 300,000 A X COMMERCIAL GENERAL LIABILITY 660649OP748 02/09/10 02/09/11 MED EXP (Any one parson) $ 10,000 CLAIMS MADE Fx 1 OCCLR PERSONAL 8 ADV INJLRiY S1,000,000 GENERAL AGGREGATE s2,000,000 GENT. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG 52,000,000 POLICY�Cj LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 A ANY AUTO BA 6481P985 02/09/10 02/09/11 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Par person) X SCHEDULED AUTOS X HIREDAUTOS BODILY INJURY $ (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S A ANY AUTO X GKLL BA 6481P985 02/09/10 02/09/11 AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 A X OCCUR EICLAIMSMADE CUP6932N117 02/09/10 02/09/11 $ It DEDUCTIBLE X RETENTION $$ ORKERS OMP NSA O X TORY LIMITS ER A AND EMPLOYERS' LIABILITY YIN ANY PROMEM�XCLUDER/E ECUnVE HCUB6491P769-10 02/09/10 02/09/11 EL EACH ACCIDENT $ 1000000 DISEASE - EA EMPLOYEE $ 1000000 OFFICERIMEMBEEl ❑ (Mandatory In NH) El DISEASE - POLICY LIMIT s1000000 It yes. descnbeunder SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS (SEE ATTACHED) CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION LUBEM81 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Lubbock Emergency NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Communication District IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn: Michael H. Grossie REPRESENTATIVES. 8200 Nashville Ave #A200 nu�;PoR EPRErNTA Lubbock TX 79423 [� ACORD 25 (2009/01) 01988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are reglstered marks of ACORD