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HomeMy WebLinkAboutItem 17 - Radio SystemMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL d FROM: ROGER NELSON, CITY MANAGER MEETING DATE: MARCH 7, 2000 SUBJECT: 800MHz RADIO SYSTEM INTERLOCAL AGREEMENT RECOMMENDATION: City Council to consider an Interlocal Agreement for the 800MHz Radio System between the City of Grapevine and the Cities of Bedford, Colleyville, Keller and Euless to join a radio consortium. FUNDING: Funding is available through FY2000 Certificates of Obligation in the amount of $4,041,669. BACKGROUND: On December 7, 1999, City Staff and our consultant, Jim Baron of RCC Communications, briefed Council in a workshop session on the problems with the existing 800 MHz radio system. Currently, we lease space on the City of Lewisville's radio tower, and coverage is inadequate in the southern portions of Grapevine. To resolve existing coverage problems, RCC is recommending that we join a Radio Consortium made up of the cities of Bedford, Colleyville, Keller and Euless. An Interlocal Agreement providing for our entry into the Consortium is attached for your approval. The major elements of the agreement are as follows: 1. Grapevine will join the Consortium and pay an initial buy -in fee of $246,567.30. This cost is 1/5`h of the initial construction cost of the existing radio system. Currently, the Consortium operates eight channels and is at 25% capacity. 2. Grapevine will upgrade the Colleyville site at an estimated cost of $1,812,000 to employ simulcast technology and build a remote simulcast site on the Barton Street water tower in Grapevine at an estimated cost of $575,000. Grapevine will pay all of these costs. Simulcast technology is the ability to effectively replicate the existing March 2, 2000 (12:54PM) eight channels from the main tower site at remote tower locations. This is critically important since the FCC is no longer licensing 800 MHz channels. 3. A second remote simulcast site will also be built in Euless at an estimated cost of $587,669. This expense will be paid by Bedford, Colleyville, Keller and Euless. 4. The Consortium member who joins after Grapevine (Member No. 6) will be required to pay to Grapevine buy -in costs estimated to be $472,139, and Member No. 7 will be required to pay 1/7`h of the Colleyville upgrade costs. This amount is estimated to be in $258,857. As new members join the Consortium, Grapevine recoups some of the initial expense to upgrade the Consortium's existing equipment to use simulcast technology. 5. The Agreement establishes a Technical Committee to oversee the operation of the Consortium and requires that bylaws for this group be drafted and approved by the member cities. 6. All construction, ownership and maintenance issues are also detailed in the Agreement. The existing Consortium member cities also agree to fund up to $40,000 in consulting fees on this project. All Member Cities are scheduled to approve this Agreement in March. A contract with 5 RCC to begin work on the requests for proposals for the project will be placed on the next Council Meeting Agenda. Certificates of Obligation in the amount $4,041,669 to fund this project and the improvements needed to upgrade the 911 Dispatch Center is also on the March 7 Agenda for Council approval. This project will take about 12 months to complete. Please let me know if you have any questions on this matter. C M March 2, 2000 (12:54PM) INTERLOCAL AGREEMENT BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE AND KELLER THIS AGREEMENT is made this the day of ?000, bti- and between the CITIES OF BEDFORD. COLLEYVILLE. EULESS. GRAPEVINE AND KELLER, all being home -rule n-iunicipalities, located in Tarrant Count,", Texas (hereinafter collectivel-,, know as the -Alembers") THIS AGREEMENT is intended to replace all existing interlocal agreements that current1v exist between the aforementioned cities as they relate to ov, 'nership, management, future updates. future membership. maintenance. management. and operation of the 800 X11 -1z trunk radio systern (hereinafter known as "The Dunk Svsl nl ) WHEREAS. in Jule. 1994 the cities of Bedford and Collevville entered into an interlocal agreement to construct and operate the initial 800 Mhz trunk radio system (hereinafter the "Initial Trunk Infrastnlcture") in Northeast Tarrant County and constructed 77ic Trun Si icl l vvilh an antenna site located in Collevville. with the intent of offering membership to other- agencies (hereinafter the "Initial Interlocal Agreement'); and WHEREAS. in November, 1994 the Cite of Keller adopted the Initial Interlocal Agreement to become the third member of The Trunk Sivein, and WHEREAS. in Februarti-. 1996 the Cite of Euless adopted the Initial Interlocal Agreement to become the fourth member of The Trunk Systein; and 1 WHEREAS, the City of Grapevine requests membership in The Dunk Sti,stem kith specific requirements relating to the construction of two (?) additional antenna sites. upgrading the existing antenna site in Colleyville. and adding additional users to The Ti -link System: and WHEREAS. the provisions of the Initial Interlocal Agreement requires signifcant amendment relating to future membership fees. sharing the costs of the construction of an antenna site in Euless, the construction of an antenna site in Grapevine and a significant upgrade of the existing antenna site in Colleyville: and WHEREAS, the Members of The Dunk Si -stein m,ree to allow the addition of two additional antenna sites to deN elop its simulcast trunk system: and WHEREAS. the Members acknowledge that this Agreement is needed to outline the specific and unique arrangernents v,,-hich exist relating to the purchasing of additional radio equipment, the preparation of system specifications and performance standards to obtain optimum performance: and WHEREAS, Chapter 791 of the Texas Government Code provides for interlocal agreements for governmental functions such as contemplated by this Agreement. NOW. THEREFORE. upon the mutual covenants, conditions and promises contained herein. the Members hereby a,ree as follows: Interlocal Agreement 1.0 This A�-,reement is entered into and shall be construed pursuant to Chapter 791 of the Texas Government Code, the Texas Interlocal Cooperation Act. 2 Antenna Sites 2.1 Collevville shall provide a site for the antenna located in Colleyville until such time as this Agreement is terminated by all Members hereto. Such site shall be on the real property located at 5201 Bransford Road. As compensation for locating the antenna site in Collevville, the City of Collevville shall retain exclusive rights to lease space for up to four (4) antenna and.%or microwave dish sites on the tower with all income from such leases ,�oin�,, directly to the Citv of Collevville. Any such antenna or microwave dish installations shall not interfere with the operation of The Trunk Sti�.Ytem. The two (2) other antenna sites on the tower shall be leased by the City of Collevville with anv and all income from such leases being applied to maintenance costs or the infrastructure located in the Cite of Colleyville. ( hereinafter the "Collevville :antenna Site"") 12 As a condition of membership in The Trunk Si -stern the Colleyville Antenna Site shall be upgraded and constructed at the expense of the City of Grapevine and shall include all controllers and equipment required to operate The Trunk Sti'stem as planned and approvcd by the Members (hereinafter the "Collevville Antenna Site Upgrade'*) 2.3 Future members (hereinafter "Future Members are referred to as Member 6" ` Member 7". etc) of The Trunk Sistem shall pay as a portion of their buy in. a share of the cost of the initial trunk infrastructure and the Collevville antenna site upgrade, including related services associated with the upgrade, as a minimum requirement of membership. Member 6 shall pay a one-sixth (1/16"') share of the Collevville Antenna Site Upgrade and a one-sixth (1!6`'') buy -in of the initial trunk infrastructure (5205,472.75) to the Cite of Grapevine. Member 7 shall pay a one- seventh 0,7`") share of the Collevyille Antenna Site Upgrade to the Cit- of Grapevine and the initial trunk infrastructure (S176.119.50) to be equally divided betvyeen the six existinv members. Technical Committee Established 3�1 A Technical Committee is hereby established to oversee the technical and system management issues relating to the operation, maintenance and future operation of The T-unk Si -stern (hereinafter the -Technical Committee" or Committee) 3.2 The Cite Nlanager of each :Member shall appoint one person to serve on the Technical Committee. The appointment by each Cit- Manager shall be in v,-riting and may be changed from time to time at the discretion of the City Manager . 3.3 The activities of the Technical Committee shall be in accordance with this Agreement, and the By-laws, approved by the Members. Section seven (7) of this Agreement providesguidelines for the duties of the Technical Committee and system management. Consultant to Oversee New Construction and SN -stem Upgrade 4.1 The City of Grapevine is authorized to employ a consultant(s) to be specifically charged ,yIth the responsibility of preparing specifications and the Request for Proposal (hereinafter the "RFP") for the construction of the Colleyville Antenna Site I pgrade, the Euless Antenna Site (hereinafter the "Euless Antenna'). and the Grapevine Antenna Site (hereinafter the "Grapevine Antenna"). Prior to the award of a contract(s) by the City of Grapevine Nlembers shall approve the consultant(s) employed for this 4 d purpose. The consultant(s) shall submit the RFP documents to the Committee for review and approval before an-,- submittal to the supplier of equipment. 4.2 The City of Grapevine shall be responsible for o%erseeing the construction, installation, and acceptance testing of the ne%v equipment for the Colle%ville -\ntenna Site Upgrade. Euless Antenna and Grapevine Antenna and the activation of the simulcast equipment. q.3 The Cite of Grapevine shall furnish the Technical Committee with rcpol-ts and documents relatin�7 to new equipment. monthly status reports on construction. sN stem performance and other itcros relating= to the Collevville Antenna Site Upgrade. Euless Antenna and Grapevine Antenna, 4.4 Members proportionately a<,ree to reimburse the Cite of Grapevine for the cost of consultants) services relating, to the installation of the Collevville Antenna Site Upgrade. Euless Antenna and Grapevine Antenna. not to exceed 510.000 per member. l.5 t-'pon completion of the Collevville Antenna Site Upt7rade and construction of the Euless Antenna Site and Grapevine Antenna Site and acceptance of the simulcast trunk system bN- the Members, the services of the consultant(s) will no longer be required. Construction, Ownership and Maintenance 5.1 The Cit% of Grapevine shall complete the Colleyville Antenna Site Upgrade at their expense, hotivever. once installed, the new equipment shall be considered part of The Trunk St stem infrastructure with ownership equally shared by the :Members. 5 5.2 The Euless Antenna shall be constructed as a part of The Trunk Ststcrra upgrade at the initial expense of the City of Grapevine. The cities of Bedford. CollevvilIe, Euless, and Keller will be equally responsible for the re -payment of the actual cost to the City of Grapevine. Each Member shall determine the method of payment to the City of Grapevine with the option of immediate payment. application of their share of the Initial Trunk Infrastructure buy in as a portion of the payment, or to exercising the proposed payment schedule developed by the City of Grapevine. 5.3 The Grapevine Antenna shall be constructed at the expense of the City of Grapevine with the cities of Bedford, Colleyville. Euless and Keller. incurring no Financial obligation. �.4 No chan(-,e. adjustment or amendment shall be made in the specifications for the Collcvyille Antenna Site Upgrade. the Euless Antenna or the Grapevine Antenna without prior notice, review and approval by the City Managers of the cities of Bedford. CollevvilIe. Euless, Grapevine and Keller. 5.5 The Colleyville Antenna Site Upgrade. Euless Antenna. Grapevine -antenna and all related infrastructure. base stations, and associated equipment shall be jointly owned the iti�Iembers (once completed and accepted the Colleyyille Antenna Site Upgrade, Euless Antenna and Grapevine Antenna shall become a part of "The Trunk 5.6 All costs associated Nyith the leasing of an antenna site in Euless, for the Euless Antenna, shall be equally shared by all Members, upon approval of the Members. 31 5.7 All infrastructure equipment. for The Trunk Svstetn, shall be placed on a maintenance contract for service and repair. The cost of the infrastructure maintenance contract shall be equally shared by Members. At such time as the warranty expires on any new equipment associated with The Trunk Svstein the new equipment shall be added to the maintenance contract and shared by all Members of The Trunk System. �.8 The Colleyyille Antenna Site upgrade, Euless Antenna and Csrape� ine Antenna v, -ill be considered complete when The Ti-7rnk SvVC177 is operational and acceptance testing has been completed to the satisfaction of the Members. :associated Expenses 6,1 Expenses associated with the operation of The Trunk ,5vstern, not covered by the maintenance contract. shay. be the equal responsibility of all Members. 6.2 Each N-lember shall maintain records of non -contract maintenance expenses. The Technical Committee shall review pa-vment records each September. Each Member shall receive a detailed report of the non -contract maintenance expenses. and a payment due report. 6.3 The Members shall equally share in associated expenses relating to the operation of The Trunk Svsleni. Associated Expenses are defined as, but not limited to. electrical service for infrastructure equipment, building and antenna maintenance. maintenance of auxiliary pov,-er units, fence repair. maintenance of equipment not covered by the maintenance contract, toyer rental. telephone lines and "T-1" communication connections betvyeen antenna sites. System Management 0 7.1 The operation and maintenance of The Trunk Svstern shall be k overseen by the Technical Committee. The Technical Committee shall meet as needed and activity shall be in accordance with the by-laws that have been approved by the ylembers, — The Technical Committee shall make recommendations to each Members City Manager relatimT to the operation of The Trunk Svstein. the need for equipment and equipment upgrades. system activity and other items relating to the financial needs and management of The Trunk Svstetn. 7.3 The Technical Committee shall not be authorized to make equipment purchases, authorize expenditures. enter into contracts or agreements without the approval of a majority of The Members. 7. 1 Should the Technical Committee fail to agree on any issue they shall present a report detailing the request, including the position of all members of the Committee, to the City Mangers of each Member for review and approval or denial. 7.5 The :Members will select a System Nfanager to work with the Technical Committee. oNersee the performance of The Drank Svstem as it relates to required maintenance. repairs, programming, alias identifications, and signal propagation. The System Manger shall provide required reports relating to The Trunk S'stein to the Technical Committee at the regular meetings. When requested by the Technical Committee, The System Nlanager shall provide special and'or specific reports necessary for the operation of The Trunk System. 0 7.6 The City ManaLers of each Member shall approve all contracts, expenditures. changes in membership, antenna site relocations. and. %yhern appropriate, the recommendations of the Technical Committee. T7 Should all ;Members tail to agree on an issue relating to the manauement of Thc! Trunk Slsrcm. a majority vote will determine the final decision of the Members. All Members agree to operate on a majority rule basis to support and oversee the management of The Trank Srstc In and to serve the best interest of all Members. 7.8 Should any member fail to comply with a majority vote of the Members, and fail to provide ttinding approved by a majority of the 'Oembers, said member shall be restricted from addin(z anv additional units to The Svstem until such time as funding for their share of anv previously approved expenditures by the majority of the Members has been provided. S1'slenl. GrapeN ine BuN In of Initial Trunk Infrastructure &I The City ol'Grapevine is hereby granted membership in The Trunk 8.-' The City of Grapevine shall pay an initial buy in fee of S246.567.30 as required by the Initial Interlocal Agreement. The buy in fee shall be equally divided and paid to the cities of Bedford. Collevville, Keller and Euless. 8.1 The Cities of Bedford, Colleyville, Keller and Euless have the option of applying their portion of the City of Grapevine buy in to their share of the Euless Antenna project. 8.4 The City of Grapevine agrees to oversee and coordinate the construction of the Colleyville System upgrade, the Euless Antenna and the Grapevine we Antenna, provide the necessary financing to purchase and install the equipment and to " establish payment schedules. «,-hen required. ]Future :Members 9.1 Future members of The Trunk SYstein shall be required to pay their share of the buv in of the Initial Trunk Infrastructure and the Collevville Antenna Site Upgrade as a minimum requirement of membership. iilember Six (6) shall pay a 1'6`x' share of the Collevville Antenna Site upgrade and a 1.16"' buy -in of the Initial Trunk Infrastructure (S?05.472.75) to the City of Grapevine. Member Seven (7) shall pay a 1'7"' share of the Colleyyille Antenna Site upgrade to Grapevine and the Initial Trunk Infrastructure ($176.119.50) to be equally divided between the six (6) existing Members. 92 Members reserve the right to adjust buy -in fees by future Members as it relates to the Grapevine antenna and Euless Antenna should it be determined that such new ?Members should pay a share of the additional antenna site costs. Leasing Air Time 10.1 The Members may determine that it is in the best interest of The Trunk Sl -stem to lease airtime without requiring an agency to become a full paying Member (hereinafter "AUXiliary Members"). The Members may allow the addition of Auxiliary Members by written agreement which must be approved by all Members. 10? Such Auxiliary Members may appoint a representative to the Technical Committee for the purpose of providing and receiving information, but an Auxiliary Member shall not be allowed to vote on issues relating to the management of The Trunk Sivefn. 10 10.3 Auxiliary Members will be asked to pay -buy-in fees" and annual sti stem use fees based on the number of units operated on The T -ink S'vstein. The "by -in tees" and systern use fees shall be based on recommendations by the Technical Committee. and approval of the Nlembers. 10.4 Should there be a request for kuxillary Membership. the Technical Committee shall review the request. system loading, tall: groups. and all other items that could impact the operation of The Trzink Si -stem and make a recommendation to the City :Nana<7ers of each 'Member. 10.> TIzP Trunk Si -stem may, if necessary, revoke an Auxiliary ?Members access to the trunk system if the auxiliary user fails to comply «ith the terms and conditions of ams written a(-ireement, or. follow operational requirements of The Trunk �vslPict. 10.6 An Auxiliary Member of system shall be provided a minimum of one sear notice of removal from The Trunk S-vsterm unless the Auxiliary Member is in breach of any of the terms and conditions of anc written agreement related to the use of Tac Trunk Svsic m. 10.7 Members are authorized to allow auxiliary units to operate within that Members authorized talk groups for the purpose of special event security. facilities security. etc. provided the number of auxiliary units do not exceed an accumulated total of five (>) units. Such users are not required to become Auxiliary Members of The Trunk S1°stent . 11 10.8 Anv revenues obtained from Auxiliary Members shall be applied to the maintenance and operation of The Trunk System as defined in Section of this �kareement. Default 11.1 A Member shall be in default upon the occurrences of one or more of the following: 11.1.1 Failure to comply with any obligation to make a monetary payment under this Agreement within fifteen (15) days after the Members have been (riven written notice of said failure. ll.1.2 Failure to comply with any obligation of this Agreement ��ithin thirty (30) days after the defaulting party has written notice of said failure. _ 11.2 In the event of a default hereunder, the defaultinu Member may cure the default by makinu, payments to other Members or performing the requirements contained in this Agreement. I11 the event of said payment and/or performance of the obligations, the defaulting Member shall pay to the paying/performing Member on written demand all sums paid or the reasonable value of the obligations performed on behalf of the defaultin« Member with interest at the rate of 18°/o annum. Termination/ N"ithdrawal 12.1 Any Member may, in its sole discretion, at any time withdraw or discontinue its participation in this Agreement. Said withdrawal shall not affect the obligation of the ,vithdra-vin- %Member to make its payments under this Aareement, or for 12 any payment or obligation which v,'as required to be paid or performed prior to the date of withdrawal. 1?.? All Members may simultaneously terminate this Agreement at anv time upon terms mutually agreeable to the Members. 113 An%, member choosing to withdraw from The Trank Sv.wc rr shall provide written notice to all other members at least one year in advance. 12.4 Should a 'Member withdraw from The Trunk Si -stem, after nrovidin�u the one year notice, and the Member hold a Federal Communications License for anv frequencies utilized b� the system, the %�ithdrawinU 'Member may retain olenership of the frequencies and vLithdraw them from. 771c! TrunkSi'vern. Indemnitri 13.1 To the extent allo-,�ed by la%t. each 'Member to this Agreement aurces to defend and hold harmless everN other NMember. its officials. agents. officers and employees in both their- public and private capacities. from and against any and all claims, suits, demands. losses, damaues, causes or action and liability of every kind, mciudin�'- all expenscs of litIL"Ition or settlement. includin« but not limited to court costs and attorney's tees, which may arise due to any death or injury to any person, or the loss of. damages to, or loss of use of any property arisin�u out of or occurring as a consequence of the performance of this : urcernent, whether such injuries, death, or damages are caused by the sole neulluence or the joint neu,11Lence of anv Member, its officials. agents, officers and employees. Non -Waiver of Immunity 13 14.1 It is expressly understood and agreed that, in the execution of this A«reement, no tilember waives nor shall it be deemed to have �'yaiyed. anv immunity or defense that would other -,vise be available to it against anv claims arisin<-Y in exercise of its governmental powers or functions. 14.2 In the event that an-,, person. elected official. employee. agent or contractor of any Member. performing services pursuant to this Agreement be cited as a parte to a state or federal civil laN�suit arising out of the performance of those services, that person, elected official, employee, agent or contractor of any Member shall be entitled to the same defenses that lie or she vyould be entitled to receive as if such civil action and arisen out of the performance of his or her duties as an employee of the tilember which appointed them or where he or she is regularly employed and in the regularjurisdiction of the Member by yvhich that person is regularly employed. Miscellaneous _ 15.1 Each Member agrees that if legal action is brought under this A—reement. exclusive venue shall lie in Tarrant County and the contract shall be ,oyerned by the lativs of the State ofTexas. 1 5.2 In case anv one 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 un -enforceability shall not affect any other term, sentences, paragraphs or provisions hereof. and this agreement shall be construed if such invalid, illegal or unenforceable provision and never been contained herein. 14 15.3 This agreement may be amended or modified only by the mutual a�,reement of the Members hereto in writinU, such amendment or modification being attached to and incorporated herein. I5.4 This A! -,regiment may be siuned in multiple counterparts and shall be binding on the 'Members hereto when duly authorized by the governing body of each Member and its duly authorized representative. 15.5 This Agreement contains all of the commitments and agreements of the Members hereto, i 3.5 A11 notices required to be given herein shall be directed to the Cite Mana,-,er of the Member involved. 15.7 All payments and expenses made by any Member hereto shall be madc from the current revenues of the Nlember. 1PPROVED BY THE CITY COUNCIL OF THE CITY OF BEDFORD, TEXAS: Bv: Date: -\PPROVED AS TO FORM: ATTEST: ----------------------, CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: B\: 15 Date: APPROVED AS TO FORM: ATTEST: ----------------------- CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF EULESS. TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: ----------------------- CITY :ATTORNEY APPROVED BY THE CITYCO�LNCI T I- OF THE CITY OF GRAPEVINE. TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: ----------------------- CITY A]'FORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF KELLER. TEXAS: Bv: Date: APPROVED AS TO FORNM: ATTEST: ----------------------- CITY ATTORNEY 16 AUXILIARY MEMBER — :-� city or agency leasim-, air time on The Trunk System as a user and not a Member. COLLEYVILLE ANTENNA SITE — The antenna site and infrastructure constructed in 1996 by the cities of Bedford and Collevville, current members are Bedford. Colleyyille. El11eSs and Keller. COLLEYVILLE ANTENNA SITE UP -GRADE — The Colleyville Antenna Site with the installation of the new equipment and base stations associated with the installation of a simulcast trunk radio s- stem. This v%ork to be completed by the Cit", of Grapevine at their expense. EULESS ANTENNA — The antenna and base station equipment to be installed in the Cite of Euless that will become a part of The Trunk Sti�Vem infrastructure. Grapevine will pay the initial cost of construction installation to be reimbursed by the cities of Bedford, Collevville, Euless and Keller. GRAPEVINE ANTENNA — The antenna and base station equipment to be installed in the Grapevine that will become a part of The Trunk System infrastructure. Construction cost of this site shall be the sole responsibility ofthe City of Grapevine. INITIAL TRUNK INFRASTRUCTURE — The trunk radio system as installed and operated by The Trunk Si�.sienr before any simulcast upgrades are installed. NIEtiiBER — A member of The Tl tztnk Si�stem. TECHNICAL COMMITTEE or COMMITTEE — The appointed representatives of each Member charge,,i �tiith the responsibility of overseeing the operation and maintenance of The Trunk .5,:�/cni. THE TRUAW SISTEM - I he total radio system. base stations. antennas. infrastructure. member cites and users. M