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HomeMy WebLinkAboutResolution - 3436 - Interlocal Agreement - Emergency Communication District - Voice Logging, E-911 - 08_23_1990Resolution # 3436 August 23, 1990 Item #26 DGV:da 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 Lubbock Emergency Communi- cation District, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall consti- tute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd ATTEST: ane to Boyd, City S r tary APP&B�VED AS TO CONTENT: Dan-G. Hale, Assistant Director of Communication Services APPROVED AS TO FORM: Id G. Vandiver, First Assistant City Attorney day of August , 1990. /B C B. C. McMr'Nlf, MAYOR Resolution #3436 DGV:dw 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, Texas, 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 a interlocal agreement with LECD; and WHEREAS, the citizens of Lubbock County voted on April 5, 1986 by a vote of 15,209 in favor and 2,431 vote opposed, to form an emergency communication district; and WHEREAS, the LECD Board of Managers ordered the creation of an emergency.communication district on May 1, 1986; and WHEREAS, the LECD is a body politic, created under Vernon's Texas Civil Statutes Article 1432e, as amended, (VTCS 1432e) 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 E 9-1-1 service to Lubbock County, including all municipalities within Lubbock County, on the 27th day of January, 1989; and WHEREAS, the LECD Board of Managers has determined that the LECD will purchase a multi -channel voice recorder and six instant replay voice recorders, hereinafter referred to as the voice recording equipment; and WHEREAS, the LECD Board of Managers and the City, pursuant to the provisions of the Interlocal Cooperation Act, Texas Revised Civil Statute Annotated Article 4413(32c), as amended, have determined that it would be in the best interests of the LECD and the City and of the citizens and inhabitants of Lubbock, Texas, to use the emergency communication systems of the LECD; NOW, THEREFORE, the parties agree as follows: go That with the cooperation and consent of the City, the LECD shall purchase and install voice recording equipment for the use by the City in recording and storing emergency communications which includes, but is not limited to, the 9-1-1 trunks. II. That the City agrees to use voice recording equipment in a manner that supports good emergency communication and the proper use of 9-1-1. A resolution shall be passed by the City Council of Lubbock to enter into this agreement and made a part as Exhibit A. The City and LECD agree to indemnify and hold each other harmless from any action or claim of any kind or character whatsoever as may be asserted against the other party arising out of the performance of this agreement by either party. - 2 - IV. That the City shall pay all costs in connection with the proper maintenance and repair of the said voice recording equipment. V. That the City shall purchase all tapes necessary to record the appropriate emergency communications. VI. That the City shall pay the costs of any upgrade or modifications to the said voice recording equipment that the City desires to make. VII. That the City shall pay the costs of any accessories to the said voice recording equipment that the City desires to purchase. VIII. That the City shall be responsible for training personnel in the proper handling and operating of the said voice recording equipment. IX. That the City shall be responsible for maintaining the proper security procedures on the said voice recording equipment, and the proper preservation and storage procedures for the voice recordings made by the said voice recording equipment. - 3 - X. That, at no charge to the LECD, the City will provide a suitable site for the installation, operation, and maintenance of the voice recording equipment. Said site shall meet all specifications of the LECD for the installation, operation,.and maintenance of the said voice recording equipment. XI. Should the LECD be dissolved, pursuant to the provisions of the Emergency Telephone Number Act (VTCS 1432e), 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 party wish to terminate 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 termination. 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. That 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, 2017 Broadway, Lubbock, Texas 79401, and such notice shall be deemed given upon the City's deposit of the notice in the United States Mail as aforesaid. Any notice permitted or required to be given by LECD - 4 - hereunder may be given by registered or certified United States Mail, postage prepaid, return receipt requested, addressed to the City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457, and such notice shall be deemed given upon LECD's deposit of the notice in the United States Mail as aforesaid. XIII. That 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 perform it's obligations hereunder for a lack of funds or for any other reason whatsoever, the sole and exclusive remedy of the other party shall be to terminate this agreement as specified in Paragraph XI., above. XV. Any payments made for the performance of governmental functions or services pursuant to this agreement shall be made from current revenues available to the paying party. - 5 - XVI. This agreement shall be deemed to be executed in and performable in Lubbock, Lubbock County, Texas. EXECUTED this the 23rd day of ATTEST: Secretary Dated: ATTEST: Panea S oyd, City ecretary Dated: August , 1990. LUBBOCK EMER CY COMMU C TION DISTRICT Chaff an, Board of Managers THE CITY OF LUBBOCK C. McMINN, MAYOR