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HomeMy WebLinkAboutResolution - 2002-R0383 - Interlocal Agreement For Radio Comm. -TX Dept Of Public Safety - 09/26/2002Resolution No. 2002-RO383 September 26, 2002 Item No. 22 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 Agreement and any associated documents between the City of Lubbock and the Texas Department of Public Safety to permit DPS access to the City of Lubbock's 800 MHZ radio communications system, a copy of which Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 26th day of MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS. O CONTENT: Ken Oson, Emergency Services Coordinator D'eriald G. Vandiver, First Assistant City Attorney DDres/DPSradios August 28, 2002 2002. Resolution No. 2002-RO383 September 26, 2002 Item No. -22 INTERLOCAL AGREEMENT 800 MHZ RADIO COMMUNICATIONS SYSTEM THIS Agreement is made on 26th, September , 2002, (the "Effective Date"), between the City of Lubbock, Texas, a home rule municipal corporation of the State of Texas ("Licensor") and Texas Department of Public Safety, Region 5 (Licensee). WHEREAS, the Licensee finds that it is in the public interest and is a public purpose for the City of Lubbock to enter into this Agreement with Licensee pursuant to Chapter 791, Texas Government Code, to allow Licensee to receive the Licensor's encrypted police ratio communications (the "Signal") over the City's 800 MHZ Radio Communications System; and WHEREAS, Licensee desires to enter this Agreement to receive Licensor's signal; and WHEREAS, Licensor agrees to supply equipment or modify Licensee's equipment (Equipment) to allow Licensee to intercept Licensor's Signal; and WHEREAS, the Licensee understands and acknowledges that this Agreement is solely for the interception and reception of Licensor's signal and not for any other purpose in accordance with 47 USC Sec. 605; NOW THEREFORE: BE IT NOW RESOLVED: SECTION 1. LICENSE AGREEMENT. The Licensor hereby grants a license to the Licensee to receive the Licensor's Signal. The Licensee hereby agrees to use any equipment supplied by the Licensor or modified by Licensor solely for that purpose and Licensee agrees not to intercept or divulge a third party's intrastate or interstate radio communication with equipment supplied or modified by Licensor. SECTION 2. TERM. The Agreement shall commence on the Effective Date and shall continue until the first of the following events shall occur. (a) Five years have elapsed since the Effective Date of this Agreement; or (b) The Licensee returns the Equipment to Licensor or the Equipment is modified to no longer intercept Licensor's signal; or (c) The Licensee uses the Equipment in any manner not expressly authorized by this Agreement. SECTION 3. COST. Licensor shall be solely responsible for all costs in the installation, maintenance, modification or operation of the Equipment. Licensee shall operate the Equipment in a good, safe and legal manner so as to avoid any interference with the Licensor or others. Licensee hereby agrees to use the Equipment in accordance with the detailed maintenance and policy requirements attached hereto as Exhibit A. SECTION 4. LIMITATIONS. Licensee agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Licensor's signal by virtue of this Agreement. The License granted hereby shall be nonassignable. The Licensee expressly agrees that it shall use the Equipment solely to intercept the Licensor's signal and it expressly agrees not to use the Equipment to intercept or divulge any third party's radio communication. SECTION 5. HOLD HARMLESS. Licensee agrees to indemnify and hold harmless the officers, partners, agents, and employees of the Licensor from any and all expenses (including reasonable attorney's fees) arising from any claims, suits, or demands on account of or growing out of or resulting in any manner from the exercise of privileges given under this Agreement to the extent permitted by law. SECTION 6. OTHER AGREEMENTS. The making, execution and delivery of this Agreement has not been induced by any representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings either written or oral between the parties. SECTION 7. TERMINATION. Upon termination of this Agreement, Licensee shall at no cost or expense to Licensor (1) cease and desist from interception Licensor's Signal, and (2) shall return any Equipment to its original condition prior to modification and/or return any Equipment supplied by Licensor to Licensor in as good a condition as when received by Licensee. SECTION 8. AMENDMENTS. This Agreement may be amended or modified only by mutual agreement of the respective parties. SECTION 9. CURRENT FUNDS. As required by the Interlocal Cooperation Act, the parties hereto agree that all expenditures required by this Agreement, if any, shall be made from current revenues available to the paying party. IN WITNESS WHEREOF, this Agreement is signed by and on behalf of the parties on the day and year written above by legally authorized representatives of the LICENSEE: By: Lamar Beckworth, Major Title: Region Commander ATTEST: Reb cca Garza, City Secretary AS TO CONTENT: Witness: Olson, Emergency Management APPROVED AS TO FORM: D ld G. Vandiver, irs Assistant City Attorney Ddcon/RadioUcense August 28, 2002