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HomeMy WebLinkAboutResolution - 4961 - Authorizes Mayor To Execute All License Agreements - LAJ & KLBK Agreements - 09/28/1995Resolution No. 4961 September 28, 1995 Item #8 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 all License Agreements, in substantially the same form as the attached License Agreement, which Agreements are hereby approved and which form Agreement 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 28th - day of /W ATTEST: etty. J6hnson,kCity Secretary APPROVED AS T 7NT: ToiePriett, Corporate Communications and Pub is Information Manager APPROVED AS TO FORM: ver, First Assistant City Attorney DGV:js/AG-RADIO.RES ccdocs/September 12, 1995 1995. xesoiucion ivo. 4yol September 28, 1995 Item #8 This Agreement (the "Agreement") is made on September 28 . 1995 , (the "Effective Date") between the CITY OF LUBBOCK, a home rule municipal corporation of the State of Texas (the "Licensor"), and KCBD-TV (the "Licensee"). WHEREAS, the Licensor admits it has the authority to enter into this License Agreement and desires to enter into the Agreement with the Licensee allowing the Licensee to receive the Licensor's primary Fire Dispatch and primary Police Dispatch of the 800 MHz voice radio system (the "Signal") and; WHEREAS, the Licensee desires to enter into this Agreement to receive the Licensor's Signal and shall obtain a radio (the Radio) which is capable of operating properly with the Signal and; WHEREAS, the Licensor desires to program the Radio allowing the Licensee to monitor the Signal and in programming the Radio shall prohibit the Radio from transmitting the Signal and; WHEREAS, the Licensee understands the programming of the Radio is solely for the monitoring of the Signal and will not be used for any other purpose; NOW, THEREFORE; WITNESSETH: SECTION 1. LICENSE AGREEMENT: The Licensor hereby grants a license to the Licensee to monitor the Licensor's Signal. The Licensor agrees to program the Licensee's Radio allowing the Licensee to monitor its Signal upon the understanding that the Licensee will not use the Radio to transmit the Signal, nor to intercept or divulge a third party's intrastate or interstate radio communication. SECTION 2. TERM: The Agreement shall commence as of the Effective Date and shall continue until the first to occur of the following: (a) 5 years shall have elapsed since the Effective Date of this agreement; or (b) The Licensee uses the Radio to transmit the Signal without having the programming cleared by the Licensor; or (c) The Licensee uses the Radio to intercept and/or divulge a third party's radio communication; or (d) The Licensee uses the Radio in any manner not expressly granted by this Agreement; and (e) In addition, the Licensor may terminate this Agreement at any time upon written notice to the Licensee with or without cause. SECTION 3. FEES: A one-time radio programming fee of FIVE HUNDRED AND SEVENTY-FIVE AND N0/100 DOLLARS ($575.00) is payable to the Licensor in advance for each Radio programmed to access the Signal. SECTION 4. COST: The Licensee is solely responsible for all cost in the installation, maintenance, programming and operation of said Radio and shall operate the Radio in a good, safe and legal manner so as to avoid any interference with the Licensor. SECTION 5. REPAIRS: If the Licensee encounters a problem with its ability to monitor the Signal, the Licensee shall immediately contact the City Radio Shop at 767-2326. The person responsible for the Licensee's Radios is Sherrell 'Lambert . The City will notify Sherrell Lambert at telephone number 744-1414 if the City becomes aware of a problem with the Signal which affects the Licensee's ability to monitor the Signal. The Licensee agrees to have any and all needed maintenance on the Radio performed by the Licensor's designated radio repair technician and agrees to reimburse the Licensor for the cost. The Licensee agrees that no modifications to the Radio will be done by anyone other than the Licensor's designated radio technician. The Licensee agrees that any unauthorized modifications and maintenance to the Radio will result in removal from the system. SECTION 6. 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 shall be nonassignable. The Licensee's Radio shall be programmed solely by the Licensor. The Licensee agrees it shall use the Radio solely to monitor the Licensor's Signal and that it expressly agrees not to use the Radio to transmit the Signal, nor to intercept or divulge a third party's radio communication. SECTION 7. INDEMNITY: Licensee agrees to indemnify and hold harmless officers, partners, agents and employees of the Licensor from any and all expenses (including reasonable attorney fees), claims, suits or demands on account or growing out of any injury to or the death of any person or persons whomsoever, or damage to property, resulting in any manner from the exercise of the privileges given under this Agreement consistent with state and federal law. SECTION 8. OTHER AGREEMENTS: The making, execution and delivery of this Agreement has been induced by no representations, statements, warranties, or agreements other than those expressed here. SECTION 9. WARRANTIES: The Licensor makes no guarantees or warranties under this Agreement. SECTION 10. TERMINATION: On any termination of this Agreement, Licensee shall at no cost or expense to Licensor (1) cease and desist from monitoring the Signal and (2) shall return the Radio to its original condition prior to the Radio's programming by the Licensor. SECTION 11. : This instrument may be amended or modified only by an instrument of equal formality signed by the respective parties. SECTION 12. ENTIRE AGREEMENT: This Agreement embodies the entire under- standing of the parties and there are no further or other agreements or understandings, written or oral, between the parties, or between an employee, officer or agent of any party, relating to the subject matter of this Agreement. LICENSE AGREEMENT -- PAGE 2 -- IN WITNESS, this Agreement is signed by and on behalf of the parties on the day and y written above. Y F L BB LICENSEE VID R. LAN ON, MAY S ERRELL LAMBERT ATTEST: &e,- ]I rl�"-& — etty M. J hnson, ty Secretary APPROVEDASYTNTENT: Toy nve , orporate Communications anublic Information Manager APPROVED AS TO FORM:, �- , , 7 c. 04m -,S' �-) Da d G. Vandiver, First Assistant City Attorney DGV.js> aG-RAnloDoc CityAtvrev. September 12, 1995 TITLE: T)4 -rector of Engineering & Operations WITNESS Peggy Sullivan, Administrative Asst. LICENSE AGREEMENT -- PAGE 3 -- d L17 1` z b-; O W m D z J z Q U 1 r z 0 n U w tY D W z Z 0 z U N z a 2 z O w a a cc m Er o j Y z w U 10 I 0 c mU > z N H _Lo 2 z Ul H H I-- �Q C) w o �W U\ Q¢ a O U)¢ >\ <0 LL am O O7 �N O Cl) 0) N N OD ao WE 0 C: G� z N J Z I S. On O N 4T Er N J Ir Q' ru ru Y r" L) U) a QOQ -+ 4 O X a LT4OLu �■ �i'3�- t S X ,rLLr1 .�Y.� Er j. < ►�! Ln UttJ m 0O Z; ■ LL Ow O a~ ZY i = WZO } �o m d 00 a� O O7 �N O Cl) 0) N N OD ao WE 0 C: G� z N J Z I S. On O N 4T Er N J Ir Q' ru ru Y r" L) U) a QOQ -+ 4 O X a LT4OLu �■ �i'3�- t S X ,rLLr1 .�Y.� Er j. < ►�! Ln UttJ m 0O Z; ■ LL Ow O a~ ZY i = WZO } �o m d 00 a� I S. On O N 4T Er N J Ir Q' ru ru Y r" L) U) a QOQ -+ 4 O X a LT4OLu �■ �i'3�- t S X ,rLLr1 .�Y.� Er j. < ►�! Ln UttJ m 0O Z; ■ LL Ow O a~ ZY i = WZO } �o m d 00 a� September 28,•1995 Item #8 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 all License Agreements, in substantially the same form as the attached License Agreement, which Agreements are hereby approved and `! which form Agreement shall be spread upon the minutes of the Council and asspread upon the i' minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. APPROVED AS T ONTENT: ,i T PrVic, tt, Corporate Communications and Pub Information Manager APPROVED AS TO FORM: T� i 1 a d G. VanZiver, First Assistant City i Attorney DGV.js/AG-RADIO.RES ccdocs/September 12. 1995 C A-1 '� ��N 141996 1 Resolution No. 4961 September 28, 1995 Item #8 LICENSE AGREEMENT This Agreement (the "Agreement") is made on September 28 , 1995 , (the "Effective Date") between the CITY OF LUBBOCK, a home rule municipal corporation of the State of Texas (the "Licensor"), and (the "Licensee"). WHEREAS, the Licensor admits it has the authority to enter into this License Agreement and desires to enter into the Agreement with the Licensee allowing the Licensee to receive the Licensor's primary Fire Dispatch and primary Police Dispatch of the 800 MHz voice radio system (the "Signal") and; WHEREAS, the Licensee desires to enter into this Agreement to receive the Licensor's Signal and shall obtain a radio (the Radio) which is capable of operating properly with the Signal and; WHEREAS, the Licensor desires to program the Radio allowing the Licensee to monitor the Signal and in programming the Radio shall prohibit the Radio from transmitting the Signal and; WHEREAS, the Licensee understands the programming of the Radio is solely for the monitoring of the Signal and will not be used for any other purpose; NOW, THEREFORE; WITNESSETH: SECTION 1. LICENSE AGREEMENT: The Licensor hereby grants a license to the Licensee to monitor the Licensor's Signal. The Licensor agrees to program the Licensee's Radio allowing the Licensee to monitor its Signal upon the understanding that the Licensee will not use the Radio to transmit the Signal, nor to intercept or divulge a third party's intrastate or interstate radio communication. SECTION 2. TERM: The Agreement shall commence as of the Effective Date and shall continue until the first to occur of the following: (a) years shall have elapsed since the Effective Date of this agreement; or (b) The Licensee uses the Radio to transmit the Signal without having the programming cleared by the Licensor; or (c) The Licensee uses the Radio to intercept and/or divulge a third party's radio communication; or (d) The Licensee uses the Radio in any manner not expressly granted by this Agreement; and (e) In addition, the Licensor may terminate this Agreement at any time upon written notice to the Licensee with or without cause. SECTION 3. FEES: A one-time radio programming fee of FIVE HUNDRED AND SEVENTY-FIVE AND NO/100 DOLLARS ($575.00) is payable to the Licensor in advance for each Radio programmed to access the Signal. SECTION 4. COST: The Licensee is solely responsible for all cost in the installation, maintenance, programming and operation of said Radio and shall operate the Radio in a good, safe and legal manner so as to avoid any interference with the Licensor. SECTION 5. REPAIRS: If the Licensee encounters a problem with its ability to monitor the Signal, the Licensee shall immediately contact the City Radio Shop at 767-2326. The person responsible for the Licensee's Radios is . The City will notify at telephone number if the City becomes aware of a problem with the Signal which affects the Licensee's ability to monitor the Signal. The Licensee agrees to have any and all needed maintenance on the Radio performed by the Licensor's designated radio repair technician and agrees to reimburse the Licensor for the cost. The Licensee agrees that no modifications to the Radio will be done by anyone other than the Licensor's designated radio technician. The Licensee agrees that any unauthorized modifications and maintenance to the Radio will result in removal from the system. SECTION 6. 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 shall be nonassignable. The Licensee's Radio shall be programmed solely by the Licensor. The Licensee agrees it shall use the Radio solely to monitor the Licensor's Signal and that it expressly agrees not to use the Radio to transmit the Signal, nor to intercept or divulge a third party's radio communication. SECTION 7. INDEMNITY: Licensee agrees to indemnify and hold harmless officers, partners, agents and employees of the Licensor from any and all expenses (including reasonable attorney fees), claims, suits or demands on account or growing out of any injury to or the death of any person or persons whomsoever, or damage to property, resulting in any manner from the exercise of the privileges given under this Agreement consistent with state and federal law. SECTION 8. OTHER AGREEMENTS: The making, execution and delivery of this Agreement has been induced by no representations, statements, warranties, or agreements other than those expressed here. SECTION 9. WARRANTIES: The Licensor makes no guarantees or warranties under this Agreement. SECTION 10. TERMINATION: On any termination of this Agreement, Licensee shall at no cost or expense to Licensor (1) cease and desist from monitoring the Signal and (2) shall return the Radio to its original condition prior to the Radio's programming by the Licensor. SECTION 11. AMENDMENTS: This instrument may be amended or modified only by an instrument of equal formality signed by the respective parties. SECTION 12. ENTIRE AGREEMENT: This Agreement embodies the entire under- standing of the parties and there are no further or other agreements or understandings, written or oral, between the parties, or between an employee, officer or agent of any party, relating to the subject matter of this Agreement. LICENSE AGREEMENT -- PAGE 2 -- IN WITNESS, this Agreement is signed by and on behalf of the parties on the day and ATTEST: &Ct' I I C�k"& e-* . J hnson, ty Secretary APPROVEDASOTNTENT: zi - _ T*)Mveft, Corporate Communications anublic Information Manager APPROVED AS TO FORM: y i D a d G. Vandiver, First Assistant City Attorney DGV:js\AG-RADIO.DOC CityAtt/rev. September 12, 1995 LICENSEE TITLE: LICENSE AGREEMENT -- PAGE 3 -- WITNESS xesoiucion NO- 4YO1 September 28, 1995 Item #8 This Agreement (the "Agreement") is made on September 28 , 1995 , (the "Effective Date") between the CITY OF LUBBOCK, a home rule muni�!igal corporf� tion of the State of Texas (the "Licensor"), and L.2)0So a & � b,� dL. I. � � r,nsX (the "Licensee"). WHEREAS, the Licensor admits it has the authority to enter into this License Agreement and desires to enter into the Agreement with the Licensee allowing the Licensee to receive the Licensor's primary Fire Dispatch and primary Police Dispatch of the 800 MHz voice radio system (the "Signal") and; WHEREAS, the Licensee desires to enter into this Agreement to receive the Licensor's Signal and shall obtain a radio (the Radio) which is capable of operating properly with the Signal and; WHEREAS, the Licensor desires to program the Radio allowing the Licensee to monitor the Signal and in programming the Radio shall prohibit the Radio from transmitting the Signal and; WHEREAS, the Licensee understands the programming of the Radio is solely for the monitoring of the Signal and will not be used for any other purpose; NOW, THEREFORE; WITNESSETH: SECTION 1. LICENSE AGREEMENT: The Licensor hereby grants a license to the Licensee to monitor the Licensor's Signal. The Licensor agrees to program the Licensee's Radio allowing the Licensee to monitor its Signal upon the understanding that the Licensee will not use the Radio to transmit the Signal, nor to intercept or divulge a third party's intrastate or interstate radio communication. SECTION 2. TERM: The Agreement shall commence as of the Effective Date and shall continue until the first to occur of the following: (a) b years shall have elapsed since the Effective Date of this agreement; or (b) The Licensee uses the Radio to transmit the Signal without having the programming cleared by the Licensor; or (c) The Licensee uses the Radio to intercept and/or divulge a third party's radio communication; or (d) The Licensee uses the Radio in any manner not expressly granted by this Agreement; and (e) In addition, the Licensor may terminate this Agreement at any time upon written notice to the Licensee with or without cause. SECTION 3. FES: A one-time radio programming fee of FIVE HUNDRED AND SEVENTY-FIVE AND N0/100 DOLLARS ($575.00) is payable to the Licensor in advance for each Radio programmed to access the Signal. SECTION 4. COST: The Licensee is solely responsible for all cost in the installation, maintenance, programming and operation of said Radio and shall operate the Radio in a good, safe and legal manner so as to avoid any interference with the Licensor. SECTION 5. REPAIRS: If the Licensee encounters a problem with its ability to monitor the Signal, the Licensee shall immediately contact the City Radio Shop at 767-2326. The person responsible for the Licensee's Radios is He, I Ti ttic . The City will notify Mel Y'L-,Lle at telephone number (9'06)76,6-.-70j if the City becomes aware of a problem with the Signal which affects the Licensee's ability to monitor the Signal. The Licensee agrees to have any and all needed maintenance on the Radio performed by the Licensor's designated radio repair technician and agrees to reimburse the Licensor for the cost. The Licensee agrees that no modifications to the Radio will be done by anyone other than the Licensor's designated radio technician. The Licensee agrees that any unauthorized modifications and maintenance to the Radio will result in removal from the system. SECTION 6. 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 shall be nonassignable. The Licensee's Radio shall be programmed solely by the Licensor. The Licensee agrees it shall use the Radio solely to monitor the Licensor's Signal and that it expressly agrees not to use the Radio to transmit the Signal, nor to intercept or divulge a third party's radio communication. SECTION 7. INDEMNITY: Licensee agrees to indemnify and hold harmless officers, partners, agents and employees of the Licensor from any and all expenses (including reasonable attorney fees), claims, suits or demands on account or growing out of any injury to or the death of any person or persons whomsoever, or damage to property, resulting in any manner from the exercise of the privileges given under this Agreement consistent with state and federal law. SECTION 8. OTHER AGREEMENTS: The making, execution and delivery of this Agreement has been induced by no representations, statements, warranties, or agreements other than those expressed here. SECTION 9. WARRANTIES: The Licensor makes no guarantees or warranties under this Agreement. SECTION 10. TERMINATION: On any termination of this Agreement, Licensee shall at no cost or expense to Licensor (1) cease and desist from monitoring the Signal and (2) shall return the Radio to its original condition prior to the Radio's programming by the Licensor. SECTION 11. AMENDMENTS: This instrument may be amended or modified only by an instrument of equal formality signed by the respective parties. SECTION 12. ENTIRE AGREEMENT: This Agreement embodies the entire under- standing of the parties and there are no further or other agreements or understandings, written or oral, between the parties, or between an employee, officer or agent of any party, relating to the subject matter of this Agreement. LICENSE AGREEMENT -- PAGE 2 -- IN WITNESS, this Agreement is signed by and on behalf of the parties on the day and APPROVED AS Manager APPROVED AS TO FORM: Miffi1d. G. Vandiver, First Assistant City Attorney DGV. jsrAG-RADIO.DOC CityAtt/rev. September 12, 1995 LICENSE AGREEMENT — PAGE 3 -- 7 ncwiva.ivu acv--+7vi ! c,�ptember 28, 1995 Item #8 1 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 all License Agreements, in substantially the same form as the attached License Agreement, which Agreements are hereby approved and ! which form Agreement shall be spread upon the minutes of the Council and as spread upon the ' ! f minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. ' I APPROVED AS T ONTENT: 'I T Priett, Corporate Communications and Pub Lc Information Manager i APPROVED AS TO FORM: ;i I ald G. VanUi, st Assistant ity j Attorney DGV:js/AG-RADIO.RES i ! ccdocs/September 12. 1995 ii I .j I!