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HomeMy WebLinkAboutResolution - 4862 - 2 Agreements - UMC, LISD - 800Mhz Trunked Raidio System - 06/08/1995Resolution No. 4862 June 8, 1995 Item #23 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 two (2) 800 MHz Trunked Radio Agreements and all related documents by and between the City of Lubbock and University Medical Center, and Lubbock Independent School District, to share the benefits of an 800 MHz Trunked Radio System for the City of Lubbock, which agreements are attached hereto, which 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 ATTEST: L71t,— It Betty M. J hnson, ity Secretary APPROVED AS TO CONTENT: Lith day of June 1995. Thomas W. Tuning Director,§affrination & Communication Services APPROVED AS TO IVgflald U v ancllver, r i Assistant City Attorney :dplccdmslRadio.Res June 1, 1995 THE STATE OF TEXAS COUNTY OF LUBBOCK Resolution No. 4862 ,lune 8, 1995 Item #23 CITY OF L.UBBOCK 800 MHz TRUNKED RADIO AGREEMENT THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 791 of the Government Code, by and between the CITY OF LUBBOCK, TEXAS, hereafter called the City, and LUBBOCK INDEPENDENT SCHOOL DISTRICT, 1628 19th Street, Lubbock, Texas, hereafter called the Subscriber. LIN1M'►r1=lm011 WHEREAS the governing bodies of the above named entities, both being political subdivisions of the State of Texas, desire to secure the benefits of an 800 MHz TRUNKED RADIO SYSTEM; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The City for and in consideration of the covenants, conditions, agreements, and stipulations expressed herein, does agree to furnish to the Subscriber services and equipment as follows: The City agrees to provide to the Subscriber radio equipment and communications services as specified herein. Said services will be provided in Lubbock County. Data Communications, if applicable, are addressed under separate agreement. 2. The period covered by this Agreement is ten (10) years from the date entered above. This Agreement may be renewed at any time after the end of the fourth year. The annual amount payable under this Agreement will be in accordance with Attachment. A, 800 MHz Trunked Radio Prices and Service Charges, attached, and hereby incorporated by reference and made a part of this Agreement. 4. The Subscriber agrees to reimburse the City for actual services received as identified in Attachment A. Costs will be reviewed annually, and adjusted to reflect actual prior year expenditures. 5. The City agrees to submit an invoice (quarterly, semi-annually, annually) in advance, for all costs associated with the services provided. The invoice will be sent to the Subscriber at the address hereinafter specified. 6. The City agrees to provide radios as requested by the Subscriber at a cost established by the City's bid process or cost to the City. This Agreement will be amended to reflect these costs. The City reserves the right to limit the addition of radios to the system to preserve operational efficiency of the system. Following initial purchase, radio equipment and parts not included in the radio maintenance price will be provided at cost by the City, plus ten (10) percent for handling and overhead. No charge to the Subscriber will be made by the City for replacement parts or radio equipment provided under warranty to the City at no charge by the vendor. 7. All radio equipment covered by this agreement shall be programmed, and maintained (repaired) by the City for the term of this Agreement. 8. The Subscriber operation of the radios shall be conducted in accordance with the Federal Communications Commission's Rules and Regulations. 9. Any transmitting frequency utilized in these radios shall be licensed to the City. 10. Additional accessories for these radios shall be approved by the City and purchased by the Subscriber through the City Radio Shop. The costs for these additional accessories shall be paid by the Subscriber, and if necessary, this Agreement shall be amended to reflect any additional costs. 11. This Agreement may be amended in writing by mutual agreement between the parties hereto. 12. This Agreement may not be assigned by the subscriber except with the written consent of the City. 13. Either party may terminate this Agreement at any time after the initial forty-eight (48) months by giving ninety (90) days written notice to the other party whether or not such other party is in default. 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. 15. 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 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. 16. Each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. 17. All payments are due in full to the City of Lubbock prior to the use of the equipment on the system. RADIO AGREEMENT LUBBOCK INDEPENDENT SCHOOL DISTRICT PAGE IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CIT101\LUBB s S: VID R. LANGSTO , MAY ATTEST: LUBBOCK INDEPENDENT SCHOOL DISTRICT: DR. CURTIS CULWELL, SUPERINTENDENT ATTEST: ar-jt�'- 1'v�L etty A iohnsorU City Secretary Secretary COMPLETE ADDRESS: l lqw) 1k. APPROVED AS TO CONTENT: Thomas W. Tutting Director ation & Communication Services APPROVED AS TO FORM: --7 "r Do ald G. Vandiver, First Assistant City Attorney RADIO AGREEMENT LUBBOCK INDEPENDENT SCHOOL DISTRICT PAGE 3 ATTACHMENT A to CITY OF LUBBOCK 800 MHz TRUNKED RADIO AGREEMENT PRICES AND SERVICE CHARGES A. INFRASTRUCTURE PRICE: 1. A one-time infrastructure access fee is charged for each subscriber radio, control station and points accessing the system. Fee Schedule: Year Per Unit Cost 1995 $1,150.00 1996 1,200.00 1997 1,270.00 1998 1,330.00 1999 1,400.00 Charges for use/upgrading of infrastructure equipment will be prorated to the subscriber. Specific use infrastructure will be billed directly to the requesting organizations. B. INFRASTRUCTURE MAINTENANCE: 1. The infrastructure equipment consists of all 800 MHz repeater stations, satellite receivers, fiber optics, voters, antennas, site controllers, system manager terminal, microwave equipment, site lease charges, and all other ancillary communications equipment and components required to operate a trunked radio system. 2. Specialized console control points are not considered to be a part of the City --provided infrastructure under this agreement. 3. Annual infrastructure maintenance charges will be calculated by dividing the number of radios, control stations and points assigned to the Subscriber divided by the total number of radios in the system multiplied by the annual maintenance and replacement costs of the infrastructure equipment. The first year charge will be TWENTY AND NO/100 DOLLARS ($20.00) per unit, and will be adjusted annually to reflect actual prior year expenditures. Infrastructure maintenance fees will be prorated based on the number of months the unit is available to access the system. 4. The number of radios and control stations and points to be operated by the Subscriber is Additional infrastructure charges apply to future radio equipment purchases above the number listed above. RADIO AGREEMENT LUBBOCK INDEPENDENT SCHOOL DISTRICT PAGE C. RADIO EQUIPMENT PRICE: 1. Charges for radio equipment will be based on the price of equipment as quoted to the City by Ericsson GE in the City's contract for the 800 MHz Trunked Radio System. These charges are subject to annual changes based on the manufacturer's price index. 2. The following items will be charged to the Subscriber: ITEM QUANTITY (LIST EQUIPMENT) D. RADIO MAINTENANCE: The City shall provide all labor, parts and material required for maintenance and repair of all radio equipment described in this agreement. 2. The City shall render routine repair service Monday - Friday, between 8:00 AM and 5:00 PM (excluding City holidays). 3. The City shall provide all maintenance and repair services for mobile and portable equipment at the City Radio Shop. 4. The City shall make all reasonable efforts to provide the following response time for yerifie emergency requests covered by this Agreement: A technician will respond to the individual initiating the request within one half hour. 5. The first year charge for radio and control station and point maintenance will be NINETY FOUR AND NO/100 DOLLARS ($94.00) per unit, excluding batteries, antennas and damage due to abuse. Thereafter, the price will be adjusted annually to reflect the prior year's actual expenses for each agency. Radio maintenance fees will be prorated based on the number of months the unit is available to access the system. b. Removal or installation of radio equipment in a vehicle (after the initial installation) is not included within the scope of normal maintenance services. This type of work may be performed on a case by case basis at a mutually agreeable price. 7. After initial setups, programming of Subscriber radio equipment is not included within the scope of normal maintenance services. Additional programming will be performed at a mutually agreed upon price. RADII? AGREEMENT LUBBOCK INDEPENDENT SCHOOL DISTRICT PAGE 5 E. ESTIMATED COSTS ARE: dpxityattla-lisd.doc May 30, 1995 RADIO AGREEMENT LU13BOCK INDEPENDENT SCHOOL DISTRICTT PAGE 6 Calendar Year Calendar Year 1996 1997 A. Infrastructure Price: B. Infrastructure Maintenance $ $ 4 C. Radio Equipment Price: D. Radio Maintenance: $ $' TOTAL ESTIMATE: dpxityattla-lisd.doc May 30, 1995 RADIO AGREEMENT LU13BOCK INDEPENDENT SCHOOL DISTRICTT PAGE 6 THE STATE OF TEXAS COUNTY OF LUBBOCK Resolution No. 4862 June 8, 1995 Item #23 CITY OF LU BOCK 800 MHz TRUNKED RADIO AGREEMENT THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 791 of the Government Code, by and between the CITY OF LUBBOCK, TEXAS, hereafter called the City, and UNIVERSITY MEDICAL CENTER, 602 Indiana Avenue, P.O. Box 5980, Lubbock, Texas hereafter called the Subscriber. WITNESSETH WHEREAS the governing bodies of the above named entities, both being political subdivisions of the State of Texas, desire to secure the benefits of an 800 MHz TRUNKED RADIO SYSTEM; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The City for and in consideration of the covenants, conditions, agreements, and stipulations expressed herein, does agree to furnish to the Subscriber services and equipment as follows: The City agrees to provide to the Subscriber radio equipment and communications services as specified herein. Said services will be provided in Lubbock County. Data Communications, if applicable, are addressed under separate agreement. 2. The period covered by this Agreement is ten (10) years from the date entered above. This Agreement may be renewed at any time after the end of the fourth year. The annual amount payable under this Agreement will be in accordance with Attachment. A, 800 MHz Trunked Radio Prices and Service Charges, attached, and hereby incorporated by reference and made a part of this Agreement. 4, The Subscriber agrees to reimburse the City for actual services received as identified in Attachment A. Costs will be reviewed annually, and adjusted to reflect actual prior year expenditures. The City agrees to submit an invoice (quarterly, semi-annually, annually) in advance, for all costs associated with the services provided. The invoice will be sent to the Subscriber at the address hereinafter specified. 6. The City agrees to provide radios as requested by the Subscriber at a cost established by the City's bid process or cost to the City. This Agreement will be amended to reflect these costs. The City reserves the right to limit the addition of radios to the system to preserve operational efficiency of the system. Following initial purchase, radio equipment and parts not included in the radio maintenance price will be provided at cost by the City, plus ten (10) percent for handling and overhead. No charge to the Subscriber will be made by the City for replacement parts or radio equipment provided under warranty to the City at no charge by the vendor. 7. All radio equipment covered by this agreement shall be programmed, and maintained (repaired) by the City for the term of this Agreement. 8. The Subscriber operation of the radios shall be conducted in accordance with the Federal Communications Commission's Rules and Regulations. 9. Any transmitting frequency utilized in these radios shall be licensed to the City. 10. Additional accessories for these radios shall be approved by the City and purchased by the Subscriber through the City Radio Shop. The costs for these additional accessories shall be paid by the Subscriber, and if necessary, this Agreement shall be amended to reflect any additional costs. 11. This Agreement may be amended in writing by mutual agreement between the parties hereto. 12. This Agreement may not be assigned by the subscriber except with the written consent of the City. 13. Either party may terminate this Agreement at any time after the initial forty-eight (48) months by giving ninety (90) days written notice to the other party whether or not such other party is in default. 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. 15. 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 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. 16. Each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. 17. All payments are due in full to the City of Lubbock prior to the use of the equipment on the system. RADIO AGREEMENT UNIVERSITY MEDICAL HOSPITAL PAGE 2 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: UNIVERSITY MEDICAL CENTER: JA ES P. COURIZTV PRESIDENT AND UTNE OFFICER ATTEST: 60ZAAME LEVANS Aetty . Johnso , City Secretary Secretary COMPLETE ADDRESS: Fol 60x 5q9"0 APPROVED AS TO CONTENT: Thomas W. Tuning Director, Inf n & Communication Services APPROVED AS TO FORM: Donald G. Van fiver, First Assistant '6�� City Attorney RADIO AGREEMENT UNIVERSITY MEDICAL HOSPITAL PAGE 3 ATTACHMENT A to CITY OF LUBBOCK 800 MHz TRUNKED RADIO AGREEMENT PRICES AND SERVICE CHARGES A. INFRASTRUCTURE PRICE: A one-time infrastructure access fee is charged for each subscriber radio, control station and points accessing the system. Fee Schedule: Year Per Unit Coit 1995 $1,150.00 1996 1,200.00 1997 1,270.00 1998 1,330.00 1999 1,400.00 Charges for use/upgrading of infrastructure equipment will be prorated to the subscriber. Specific use infrastructure will be billed directly to the requesting organizations. B. INFRASTRUCTURE MAINTENANCE: 1. The infrastructure equipment consists of all 800 MHz repeater stations, satellite receivers, fiber optics, voters, antennas, site controllers, system manager terminal, microwave equipment, site lease charges, and all other ancillary communications equipment and components required to operate a trunked radio system. 2. Specialized console control points are not considered to be a part of the City --provided infrastructure under this agreement. Annual infrastructure maintenance charges will be calculated by dividing the number of radios, control stations and points assigned to the Subscriber divided by the total number of radios in the system multiplied by the annual maintenance and replacement costs of the infrastructure equipment. The first year charge will be TWENTY AND NO/100 DOLLARS ($20.00) per unit, and will be adjusted annually to reflect actual prior year expenditures. Infrastructure maintenance fees will be prorated based on the number of months the unit is available to access the system. 4. The number of radios and control stations and points to be operated by the Subscriber is 52 5. Additional infrastructure charges apply to future radio equipment purchases above the number listed above. RADIO AGREEMENT UNIVERSITY MEDICAL HOSPITAL PAGE 4 C. RADIO EQUIPMENT PRICE: 1. Charges for radio equipment will be based on the price of equipment as quoted to the City by Ericsson GE in the City's contract for the 800 MHz Trunked Radio System. These charges are subject to annual changes based on the manufacturer's price index. 2. The following items will be charged to the Subscriber: ITEM QUANTITY (LIST EQUIPMENT) D. RADIO MAINTENANCE: The City shall provide all labor, parts and material required for maintenance and repair of all radio equipment described in this agreement. 2. The City shall render routine repair service Monday - Friday, between 8:00 AM and 5:00 PM (excluding City holidays). 3. The City shall provide all maintenance and repair services for mobile and portable equipment at the City Radio Shop. 4. The City shall make all reasonable efforts to provide the following response time for verified emergency requests covered by this Agreement: A technician will respond to the individual initiating the request within one half hour. 5. The first year charge for radio and control station and point maintenance will be NINETY FOUR AND NO/ 100 DOLLARS ($94.00) per unit, excluding batteries, antennas and damage due to abuse. Thereafter, the price will be adjusted annually to reflect the prior year's actual expenses for each agency. Radio maintenance fees will be prorated based on the number of months the unit is available to access the system. 6. Removal or installation of radio equipment in a vehicle (after the initial installation) is not included within the scope of normal maintenance services. This type of work may be performed on a case by case basis at a mutually agreeable price. 7. After initial setups, programming of Subscriber radio equipment is not included within the scope of normal maintenance services. Additional programming will be performed at a mutually agreed upon price. RADIO AGREEMENT UNIVERSITY MEDICAL 140SPITAL PAGE E. ESTIMATED COSTS ARE: A. B. C. D. Infrastructure Price: Infrastructure Maintenance Radio Equipment Price: Radio Maintenance: TOTAL ESTIMATE: Calendar Year 199 $ $ $_ 59,800 Calendar Year 1997 41 $ 1,040 $ 4,888 $ $ 5,92.8 F. All payments by Subscriber shall be made from current revenue available to Subscriber. Subscriber shall make its best efforts to have current revenues available, but if such is not available, Subscriber may terminate this Agreement at the end of its then - current budget year. Subscriber shall notify the City in writing if termination is necessary. dp: cityattla-umc.doc May 30, 1995 RADIO AGREEMENT UNIVERSITY MEDICAL HOSPITAL PAGE 6