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HomeMy WebLinkAboutResolution - 2009-R0162 - Communications Agreement - Lubbock-Cooper ISD Police Department - 04/27/2009Resolution No. 2009-RO162 April 27, 2009 Item No. 5.18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the City Council of the City of Lubbock hereby authorizes execution of a Communications Agreement by and between the City of Lubbock Police Department and the Lubbock Cooper Independent School District Police Department. 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 Council. Passed by the City Council this 27th day of April '2009. TOM MARTIN, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CO ENT: Dale Holton, Chief of Police APPROVED AS TO FO/gRM: arold Willard, Asst. City Attorney HW:lhlccdocs/Reso-Cooper ISD PD -res March 10, 2009 Contract: 8971 Resolution No. 2009-80152 COMMUNICATIONS AGREEMENT WITH THE LUBBOCK POLICE DEPARTMENT This agreement outlines policies of the Lubbock Police Department (LPD) and the Lubbock Cooper Independent School District Police Department (Hereby referred to as "the agreeing party") for the mutual benefit of the agencies and the furtherance of necessary law enforcement functions. I. The agreeing party agrees to abide by all federal, state, and local laws and rules, as well as rules and regulations promulgated by the LPD pertaining to the use of the LPD radio communications system which includes the following: 1. The agreeing party is limited to using Mobile Data Computers (MDCs) which interface with LPD computer aided dispatch systems and the following LPD talk group(s): PD SEC, PD TLETS, PD TK 1, and PD TK 2. Digital communication and MDC messages shall be professional and only be used for benefit of public safety. Each of these talk groups shall only be used for specific radio traffic as designated by LPD procedures and then only when necessary for benefit of public safety. All other communications with the LPD shall be by telephone or in person. 2. The agreeing party will suspend use of LPD communications during major or emergency operations or at any other time when deemed necessary by the LPD. 3. Unless begun or authorized by the LPD, no car -to -car radio communications by the agreeing party is permitted. Should members of the agreeing party need to communicate with a Lubbock Police Department mobile unit, authorization shall be requested through LPD dispatch and they shall notify the appropriate LPD unit. 4. Unless begun or authorized by the LPD, or unless being used for official law enforcement purposes, no car -to -car MDC communications by the agreeing party is permitted. S. This agreement shall be updated upon a change in the department/agency head who signs this agreement. 6. The department/agency head agrees to submit an updated list of employees and/or equipment during the month of January of each year this agreement is in effect. 7. The agreeing party agrees that only authorized personnel will operate and/or monitor the talk groups assigned and MDCs. The agreeing party agrees and understands that failure to abide by any portion of this agreement will be cause for suspending talk group access to one or all persons coming under this agreement. 9. The agreeing party recognizes the exclusive right of the Lubbock Police Department to cancel this agreement at any time without cause. 10. The agreeing party agrees to indemnify and save harmless the City of Lubbock, LPD, and its employees from and against all claims, demands, actions, and suits, including but not limited to any liability for damages by reason of or arising out of the exercise of this agreement to make available Lubbock Police Department radio communications information. II. ACCESS TO NATIONAL AND/OR TEXAS LAW ENFORCEMENT TELETYPE SYSTEM (TLETS, NLETS, TCIC, NCIC [if applicable]) 1. The agreeing party agrees to abide by all the laws of the United States and the State of Texas, and all present or hereafter approved rules, policies, and procedures of TLETS, NLETS, TCIC, NCIC, and any other systems now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination, and exchange of information for criminal justice purposes. 2. The agreeing party agrees to indemnify and save harmless the City of Lubbock, LPD, and its employees from and against all claims, demands, actions, and suits, including but not limited to any liability for damages by reason of or arising out of any false arrests or imprisonment or any cause in the exercise of this agreement to make available certain TLETS, NLETS, TCIC, and NCIC information. DATE: AGENCY/DEPARTMENT DATE: April 27, 2009 LUBBOCK POLICE DEPARTMENT REPRESENTATIVE CHIEF OF POLICE ROLD WILLARD, ASSISTANCE CITY ATTORNEY TOM MARTIN, MAYOR AT RLIKCA GARZA, CIT , CT RY Resolution No. 2009-RO162 Attachment "A" 80OMHz Data Radio Prices This Attachment, hereinafter referred to as "Attachment `A"', shall list the services and equipment to be provided under the aforementioned Agreement. One-time Charges per device: Installation Fee (3 hours g $42.00 per hour) $124.00 Annually, the City will charge the following: Maintenance fee per device (labor) $139.00 Infrastructure fee per device (usage and maintenance) $ 50.00