Loading...
HomeMy WebLinkAboutResolution - 6253 - Interlocal Cooperation Agreement - TABC - 800 Mhz Trunked Radio System Sharing - 04_08_1999Resolution No. 6253 Item No. 28 April 8, 1999 RESOLUTION WHEREAS the City operates an 800 MHz Trunked Radio System on a frequency licensed to the City by the F.C.C.; and, WHEREAS the Council has determined that the City will save costs through reduced personnel requirements by sharing its 800 MHz Trunked Radio System with the Texas Alcoholic Beverage Commission and that the costs savings will exceed the $1,270.00 infrastructure fee per radio of the Subscriber and the annual fee of $114.00 per radio of the Subscriber; NOW THEREFORE 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 Cooperation Agreement with the Texas Alcoholic Beverage Commission for sharing the benefits of an 800 MHz Trunked Radio System on frequency licensed to the City of Lubbock. The Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of April , 1999. ATT ST: ihla— Ka;4hi-I'llamell, City Secretary APPROVED AS TO CONTENT: en A. Walker, Chief of Police APPROVED AS TO FORM: 3 -, 7NO, �- . Saluri, Asst. ity Attorney Resolution No. 6253 Item No. 28 April 8, 1999 CITY OF LUBBOCK 800 MHz TRUNKED RADIO AGREEMENT STATE OF TEXAS LUBBOCK COUNTY 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 referred to as City, and Texas Alcoholic Beverage Commission, hereinafter referred to as TABC or as Subscriber. WHEREAS the governing bodies of the above named entities, the City being a political subdivision of the State of Texas and TABC being a State agency as that term is defined by Section 771.001 of the Government Code, desire to secure the benefits of an 800 MHz Trunked Radio System; Whereas the Subscriber had purchased two radios for use pursuant to an earlier interlocal agreement with the City, and has purchased six additional radios, which will be used only to communicate with the City of Lubbock Police Department during jointly conducted law enforcement operations; and, Whereas the governing body of the City has determined that the $1,400.00 per radio infrastructure fee of the Subscriber and the annual fee of $114.00 per radio of the Subscriber may be waived if the City receives benefits equal to or exceeding the fees waived; and, Whereas the governing body of the City has determined that costs savings to the City in reduced personnel requirements exceed the total sum of fees waived; NOW THEREFORE, IT IS AGREED AS FOLLOWS:. The City agrees to provide to the Subscriber radio communications services as specified herein, under the terms and conditions set forth below. Said services will be provided in Lubbock County. 2. This Agreement shall continue for a period of one year from its effective date, and shall automatically be deemed extended annually unless sooner terminated as herein provided. 3. The Subscriber shall acquire a total of eight radios necessary for its use under this Agreement. The radios shall be exclusively used on transmitting frequencies licensed to the City, to communicate with the City of Lubbock Police Department during law enforcement operations conducted jointly between the City and the Subscriber. 4. The City reserves the right to limit the number of radios utilized by the Subscriber under this Agreement, as the City, in its exclusive judgment, determines necessary or desirable to preserve the operational efficiency of its radio system. 5. All radio equipment covered by this Agreement or utilized by the Subscriber pursuant to this Agreement shall be programmed and maintained by the City for the term of this Agreement and any extension thereof. The Subscriber agrees not to permit or cause any radio utilized under this Agreement to be programmed, repaired, examined, or otherwise altered by anyone other than the City or City personnel. The City shall program the authorized radios to be used by the Subscriber to transmit on a frequency licensed by the F.C.C. to the City. 6. The Subscriber shall operate or utilize the radios covered by this Agreement in accordance with the Federal Communications Commission's Rules and Regulations. 7. Any transmitting frequency utilized in the use of radios under this Agreement shall be licensed to the City. 10. No accessories for the use of radios covered by this Agreement shall be utilized without first securing the approval of the City. Approved accessories shall be installed by the City. 11. This Agreement may be amended only by writing signed, with the approval of its governing body, by the party sought to be bound. 12. This Agreement is not assignable voluntarily by the Subscriber, or involuntarily, except upon the written consent of the City first obtained. 13. Either party may terminate this Agreement by giving thirty (30) days advance notice of termination, in writing, postmarked to the respective party as follows: Col. J. Randy McGuire Cptn. Dan Cullers Lubbock Police Department Texas Alcoholic Beverage Commission P.O. Box 2000 3223 S. Loop 289 Lubbock, TX 79457 Lubbock, TX 79423 14. The City, its employees, officers, and officials, shall not be liable for any loss, damage or injury to persons or property as a result of the operation of the radio system, or as a result of services provided to the Subscriber pursuant to the terms of this Agreement. 800 MHz Trunked Radio Agreement City of Lubbock / Texas Alcoholic Beverage Commission Page 2 15. The Subscriber agrees to save, indemnify, defend, and hold harmless, the City, its Council members, directors, officers, agents and employees from any and all claims, losses and expenses, including reasonable attorney's fees, or liability on account of damage of property or injury to or death of persons accruing or resulting to any person, firm or corporation who may be injured or damaged by the Subscriber as a result of the operation of the radio system, or as a result of services provided by the City pursuant to the terms of this Agreement. 16. Each party paying for performance of governmental functions or services under this Agreement, must make those payments from current revenues available to the paying party. 17 This Agreement shall be duly authorized by the governing body of each party as evidenced by the signatures of each chief executive officer, who has signed herein below. The Agreement shall become effective when so executed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement in Lubbock County Texas, each party acting by and through its governing body or its designee in the manner required by law: CITY OF LUBBOCK, TEXAS: WINDY S1VrdN, MAYOR Date: &ril, 8. 1999 ATTEST: a j Darnell, City Secretary APPROVED AS TO CONTENT: Col. J. any c Guire, L.P.D. TEXAS ALCOHOLIC BEVERAGE COMMISSION ATTEST: APPROVED AS TO FORM r a7luri, Ae an T. sst. ity Attorney 800 MHz Trunked Radio Agreement City of Lubbock / Texas Alcoholic Beverage Commission Page 3