HomeMy WebLinkAboutCity Council Resolutions (R-94-1032)-07/19/1994
RESOLUTION R-94-1032
A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH
THE CITY OF BEDFORD FOR THE BUILDING AND OPERATION OF A
TRUNKED 800 MHZ RADIO SYSTEM
WHEREAS, recent actions by the Federal Communications Commission towards
limiting the use of certain radio frequencies will require the City to
change its public safety communications system, and
WHEREAS, the cost of these changes will be significant and can be addressed
most economically by cooperative arrangements with other local
governments, and
WHEREAS, the City of Bedford and others are interested in cooperating with the
City of Colleyville in building and operating an 800 MHz trunked
radio system to address the cities' public safety communication
needs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Mayor is authorized to sign an interlocal agreement with
the City of Bedford for the building and operation of an 800 MHz
trunked radio system.
AND IT IS SO RESOLVED.
PassEjd by a vote Of)~ ayes,
/qt1- day of (..
ATTEST:
() nays, and 0
,1994.
abstentions, on this
f1~'
CITY OF COLLEYVILLE
t4d~
Cheryl Feigel
Mayor
J an Harris, CMC
City Secretary
BEDFORD - COLLEYVILLE
INTERLOCAL AGREEMENT - TRUNKED 800 MHz RADIO SYSTEM
THIS AGREEMENT is made this the _ day of
, 1994, by and
between the CITY OF BEDFORD, a home-rule municipality, locatedin Tarrant County, Texas,
("Bedford"), and the CITY OF COLLEYVILLE, a home-rule municipality located in Tarrant
County, Texas, ("Colleyville").
WHEREAS, there is a need. to provide an 800 MHz trunked radio system for
communication use by police, fire and other departments of the cities in Northeast Tarrant
County; and
WHEREAS, Bedford and Colleyville desire to enter into this agreement in order to
provide for the acquisition, construction, maintenance and operation of an 800 MHz trunk radio
system; and
WHEREAS, Bedford has entered into a contract between Motorola Communications and
Electronics, Inc., dated the _ day of
, 1994, ("Motorola Contract")
for the construction of an 800 MHz trunked radio system, as described in said contract ("Radio
System"); and
WHEREAS, Bedford has entered into a Lease Purchase Agreement with Motorola, dated
the _ day of
, 1994, providing for payment of the purchaser's obligation
under the Motorola Contract, ("Lease Purchase Agreement"); and
WHEREAS, the Lease Purchase Agreement provides for installment payments over a five
year period; and
WHEREAS, Chapter 791 of the Texas Government Code provides for interlocal
INTERLOCAL AGREEMENT - PAGE 1
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agreements for governmental functions such as contemplated by this agreement; and
WHEREAS, the Radio System will be located in Colleyville,
NOW, THEREFORE, upon the mutual covenants, conditions and promises contained
herein, the parties hereby agree as follows:
Interlocal Agreement
1. This agreement is entered into and shall be construed pursuant to Chapter 791
of the Texas Government Code, the Texas Interlocal Cooperation Act.
. Site
2.1 Colleyville shall provide a site for the Radio System until such time as .this
Agreement is terminated by all parties hereto. Said site shall be upon the real property as
described in Exhibit" A", which is incorporated her~in for all purposes, ("Site"). Colleyville shall
receive no compensation for the provision of the Site except as provided in paragraph 4.7 hereof.
2.2 Colleyville shall at all times retain ownership of the Site, but shall allow
Bedford access to the Site in order to perform the provisions hereof.
Acquisition, Construction and Ownership of Radio System
3.1 Bedford shall cause the Radio System to be constructed in accordance with
the provisions of the Motorola Contract. All costS of the Radio System constructed in
accordance with the Motorola Contract shall be paid by Bedford. Bedford shall be solely
responsible for the completion of all the obligations of the Purchaser under the Motorola Contract
and shall complete and deliver the Radio System ready for use in accordance with the provisions
of the Motorola Contract on the Site not later than December 31, 1994.
3.2 Bedford shall timely make all payments called for under the Lease Purchase
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Agreement. Colleyville shall reimburse Bedford for one-half of the payment due and actually
paid by Bedford within thirty days after payment by Bedford. Bedford shall, within five days
after payment under the Lease Purchase Agreement, provide evidence to Colleyville of the
payment and the date thereof. In the event Bedford fails to timely make a payment under the
Lease Purchase Agreement or to comply with any other obligation of the Lease Purchase
Agreement, Colleyville may, but shall not be obligated. to, make said payment or perform said
obligation. In the event Colleyville elects to make said payment or perform said obligation,
Bedford shall, upon written request by Colleyville, pay to Colleyville one-half of the amount paid
and/or one-half of the reasonable cost of performing the obligation, together with interest a~ the
rate of 18% per annum.
3.3 No modification, addition or c~ange in the contract price, the work or other
provision of the Motorola Contract shall be made by Bedford without the written consent of
Colleyville.
3.4 Bedford and Colleyville will jointly own the Radio System, including all
towers, equipment, software, communications building, equipment shelter, and all other property
and materials, additions and accessories sl,lpplied pursuant to the Motorola Contract or related to
the Radio System. Upon request by the City of Colleyville, Bedford shall execute such
documents as deemed reasonably necessary by Colleyville to evidence or secure the joint
ownership as contemplated herein.
. Operation and Maintenance of Radio Tower
4.1 The Radio System shall be operated under the joint control of Bedford and
Colleyville. The City Councils of .Bedford and Colleyville shall jointly adopt operating rules and
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regulations. Decisions not governed by the adopted rules and regulations of the Radio System
shall be jointly made by the City Manager of Bedford and the City Manager of Colleyville. The
City Manager of either City may delegate the responsibility for day to day management. In the
event of a disagreement in management of the Radio Tower, said disagreement shall be referred
to a person mutually agreed upon by Bedford and Colleyville for resolution of the dispute.
4.2 Any modifications, alterations or additions to the Radio System or the
facilities related thereto shall require the mutual consent of the City Councils of Bedford and
Colleyville. The cost of any modifications, alterations or additions to the Radio System, or to
the facilities related thereto shall be paid for in the manner agreed upon by the parties hereto.
4.3 All costs for the maintenance and operation of the Radio System shall be
initially paid by Bedford. Colleyville shall reimburse Bedford for one-half of the actual cost of
the maintenance and operation of the Radio Tower paid by Bedford within 30 days of written
request by Bedford.
4.4 Bedford and Colleyville shall jointly maintain adequate books of account and
other financial records in accordance with generally accepted accounting principles related to
municipalities which shall be consistently applied. Such books of account and other records shall
be open to inspection by the other Party at any time during reasonable business hours. Bedford
and Colleyville shall once, each fiscal year, submit to their respective city councils an audit of
the books and records of the operation of the Radio System. Said audit shall be initially prepared
at the cost of Bedford' and Colleyville shall reimburse Bedford for one-half of the cost of said
audit within 30 days after written notice by Bedford.
4.5 In the event a Party proyides services or equipment for the operation and
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maintenance of the Radio System, said Party shall be reimbursed for one-half of the reasonable
value of said services by the other Party upon 30 days written notice by the providing Party.
4.6 Two of the spaces for antenna and/or microwave dishes on the Radio System
tower shall be used for private leasing. Bedford and Colleyville shall mutually use their best
efforts to enter into an agreement for the purpose of leasing to private entities these two spaces
upon conditions approved by the City Councils of Bedford and Colleyville. All revenue derived
from the private leasing of these two spaces shall be first applied to the reduction of the cost of
maintenance and operation of the Radio System. In the event there is any balance after
application to the cost of maintenance of the Radio System, the balance shall be divided eq~ally
between Bedford and Colleyville.
4.7 Four of the spaces for antenna a!ld/or microwave dishes on the Radio System
tower shall be made available for lease by Colleyville to private entities. Colleyville may enter
into such agreements as it deems appropriate for lease of said spaces, provided such agreements
shall not result in interference with the use of the Radio System by Bedford or Colleyville. All
revenues derived from the lease of the aforesaid four spaces shall be retained by Colleyville, and
Colleyville shall not be required to make any accounting to Bedford for any monies received as
a result of the leasing of said four spaces.
Additional Cities
5. It is the intention of Bedford and Colleyville to solicit and obtain the
participation of surroUIlding cities in the use of the Radio System. Use of the Radio System by
surrounding cities may be authorized upon the terms and conditions mutually agreed to by the
City Councils of the City of Bedfo~d and Colleyville.
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Default
6.1 A party to this agreement shall be in default upon the occurrences of one or
more of the following:
(a) Failure to comply with any obligation to make a monetary payment
under this Agreement within 15 days after the other party has given written notice of said failure.
(b) Failure to comply with any non-monetary obligation of this contract
within 30 days after the other party has given written notice of said failure.
6.2 In the event of a default hereunder, the other party may, but shall not be
obligated to, cure the default of the other party in making payments to third parties or perfor~ing
obligations called for hereunder. In the event of said payment and/or performance of the
obligations, the defaulting Party shall pay to the p~ying/performing Party on written demand all
sums paid or the reasonable value of the obligations performed on behalf of the defaulting Party
with interest at the rate of 18 % per annum.
TerminationfWithdrawal
7.1 The governing body of the Party hereto may, in its sole discretion, at any time
withdraw or discontinue its participation under this Agreement. Said withdrawal shall not affect
the obligation of the withdrawing Party to make its payments under the Lease Purchase
Agreement or for any payment or obligation which was required to be paid or performed prior
to the date of withdrawal.
7.2 The Parties to this Agreement may terminate this Agreement at any time upon
terms mutually agreeable to the Parties.
In~en1l1ity
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8. Each Party waives all claims, releases, inderrmities and agrees to defend and
hold harmless every other Party, its officials, agents, officers and employees in both their public
and private capacities, from and against any and all claims, suits, demands, losses, damages,
causes of action and liability of every kind, including all expenses of litigation or settlement,
including but not limited to court costs and attorney's fees, which may arise due to any deathor
injury to any person, or the loss of, damage to, or loss of use of any property arising out of or
occurring as a consequence of the performance of this Agreement, whether such injuries, death,
or damages are caused by the sole negligence or the joint negligence of any Party, its officials,
agents, officers and employees. It is the express intention of the Parties hereto that by. the
inderrmity provided for in this paragraph is indemnity by each Party to inderrmify and protect the
other Party from the consequences of a Party's own. negligence, whether that negligence is a sole
or concurring cause of the injury, death or damage.
Non-Waiver of Immunity
9.1 It is expressly understood and agreed that, in the execution of this Agreement,
no Party waives nor shall it be deemed to have waived, any immunity or defense that would
otherwise be available to it against any cl~ims arising in exercise of its governmental powers or
functions.
9.2 In the event that any person performing services pursuant to this Agreement
shall be cited as a party to a state or fe~eral civil lawsuit arising out of the performance of those
services, that person shall be entitled to the same benefits that he or she would be entitled to
receive as if such civil action had arisen out of the performance of his or her duties as an
employee of the Party which appoi)1ted them or where he or she is regularly employed and in
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the regular jurisdiction of the Party by which that person is regularly employed.
Miscellaneous
10.1 Each Party agrees that if legal action is brought under this agreement,
exclusive venue shall lie in Tarrant County and the contract shall be governed by the laws of the
State of Texas.
10.2 In case anyone or more of the terms, sentences, paragraphs or provisions
contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable
in any respect, such invalidity, illegality or unenforceability shall not affect any other term,
sentences, paragraphs or provisions hereof, and this Agreement shall be construed if such inv~lid,
illegal or unenforceable provision had never been contained herein.
10.3 This Agreement may be amenqed or modified only by the mutual agreement
of the Parties hereto in writing, such amendment or modification being attached to and
incorporated herein.
10.4 This Agreement may be signed in multiple counterparts and shall be binding
on the Parties hereto when duly authorized by the governing body of each Party and its duly
authorized representative.
10.5 This Agreement contains all of the commitments and agreements of the
Parties hereto. No preceding oral or written representations or agreements shall have any force
or affect to alter any terms or conditions of this Agreement.
10.6 All notices required to be given herein shall be directed to the City Manager
of the Party involved.
10.7 All payments and expen~es may by any Party hereto shall be made from the
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current revenues of the Party.
APPROVED BY THE CITY COUNCIL OF THE CITY OF BEDFORD, TEXAS:
BY:
DATE:
APPROVED AS TO FORM:
R. CLAYTON HUTCHINS, CITY ATTORNEY
APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS:
M 0-\1 t> (
BY: ~~~j
DATE: I 'I
APPROVED AS TO FORM:
-J?T~ .
ROSS T. FOSTE , CITY ATTORNEY
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