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HomeMy WebLinkAboutResolution - 6211 - Interlocal Cooperative Agreement - LECD - Enhanced 911 Service - 02/25/1999Resolution No. 6211 Item No. 26 February 25, 1999 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 Cooperative Agreement for Enhanced 9-1-1 service, by and between the City of Lubbock and Lubbock Emergency Communication District, and related documents. Said Interlocal Cooperative 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 this 25th day of February , 1999. � L✓_01, AOR WA A EST: 1�4" &W J—� KaytDarnell City Ocretary APPROVED AS TO CONTENT: L � 6 Sharlett Chowning Information Technology Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney rkblccdoes/199991 I contract.res February 16, 1999 Resolution No. 6211 Item No. 26 February 25, 1999 INTERLOCAL COOPERATIVE AGREEMENT BY AND BETWEEN LUBBOCK EMERGENCY COMMUNICATION DISTRICT AND THE CITY OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 25th date of February , 1999, by and between the CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation (hereinafter called the "City") and LUBBOCK EMERGENCY COMPVIUNICATION DISTRICT a Political Subdivision of the State of Texas (hereinafter called the "LECD"). WITNESSETH WHEREAS, the City desires to have its stations served by a private switch. equipped to offer Enhanced 9-1-1 service (selective routing, automatic number identification and automatic location identification); and WHEREAS, LECD subscribes to the Local Exchange Carrier (LEC) for the necessary 9-1-1 services in order to provide Enhanced 9-1-1 service to the city for its stations served by its private switch; and NOW THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF SERVICE A. City Responsibilities: 1. City agrees to utilize a telephone switch that is equipped to send properly formatted ANSI information to the LEC. The City's telephone switch shall meet the technical requirements stated in Southwestern Bell Telephone's Private Switch 911 Client Guide and made a part of this document. 2. City agrees that the City, or its authorized agent, shall keep current the database associated with the 9-1-1 service. To this end, the City, or its authorized agent, will supply updates to the database as changes occur. The City further agrees that the City, or its authorized agent, shall verify with the LEC, on a daily basis, the accuracy of the data. Should errors be reported by the LEC, the City will correct such errors as soon as practical, but no later than the business day following the day the error is reported by the LEC. 3. The City agrees to transmit the database information according to the NENA standard for ALI format. 4. The City will cooperate with LECD in the development and maintenance of the Master Street Address Guide (MSAG). 5. The City agrees to reimburse LECD for the charges LECD incurs by subscribing to LEC for the following. a. A one-time, non-recurring charges to establish an administrative site. Such charge is seven hundred and twenty dollars ('$72.0.00). b. The recurring monthly charge of seventy-eight dollars and forty cents ($78.40) is based on the City's having 1123 records at the time of this contract. C. The City shall pay the non-recurring and recurring charges associated with establishing and maintaining the database within 30 days of billing by LECD. B. LECD Responsibilities: LECD agrees to provide a private switch equipped to offer Enhanced 9-1- 1 service (selective routing, automatic number identification and automatic location identification). 1T. Term and Termination A. Termination Date: This Agreement shall have an initial term of one (1) year beginning March 1, 1999, and ending on February 29, 2000 (the "initial Term"). Unless terminated in accordance with Section IIB, this Agreement shall automatically renew for successive terms of one (1) year each. B. Termination by Notice: Either party may terminate this Agreement, with or without cause, effective at the end of the Initial Term by giving the other party thirty (30) days written notice prior to the end of the Initial Term. Thereafter, either Interlocal Cooperative Agreement with Lubbock Emergency Communication District Page 2 party may terminate this Agreement, with or without cause, by giving at least thirty- (30) days prior written notice to the other party. III. GENERAL CONDITIONS A. Compliance: LECD agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement. B. Independent Contractor: Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee, and/or any type or form of agency, between the City and LECD other than that of independent entities contracting with each other under this Agreement solely for the purpose of effecting the provisions of this Agreement. D. Amendments: The City or the LECD may amend this agreement at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations and approved by the City Council if required by law. Such amendment shall not affect or invalidate the provisions of this Agreement, nor relieve nor release the City or the LECD from its obligations under this Agreement. E. Revenues: The City agrees hereto that all payments to this Agreement must be made from current revenues available to the City pursuant to Section 791.011 of the Government Code. F. Successors and Assigns: This Agreement may not be assigned by either party without the express written consent of the other party. All obligations and covenants made under this Agreement shall bind and inure to the benefit of any successors and assigns of the respective parties, whether or not expressly assumed by such successors or assigns. G. Entire Agreement: This Agreement constitutes the entire agreement between the parties. All prior discussions and understandings on this matter are superseded by this Agreement. Interlocal Cooperative Agreement with Lubbock Emergency Communication District Page 3 H. Severability: If any provision of this Agreement is held invalid, the remainder of the Agreement shall continue in force and effect to the extent not inconsistent with such holding. I. Conflict of Interest:. The City and the LECD shall ensure that its respective employees are prohibited from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others. J. Applicable Law: This Agreement shall be governed by and construed in accordance with Texas law, except as to matters governed by Federal law. EXECUTED this 25th day of Februarys , 1999. Lubbock Emergency City of Lubbock Communication District e Spar an Windy Sitton hairman, Board of Managers Mayor ATTEST: -AW ayt Darnell City cretary Interlocal Cooperative Agreement with Lubbock Emergency Communication District Page 4 APPROVED AS TO CONTENT arlett Chowning Information Technology Manage APPROVED AS TO FORM William de Haas Competition and Contracts Manager Interlocal Cooperative Agreement with Lubbock Emergency Communication District Page 5