HomeMy WebLinkAboutItem 06 - Northeast Tarrant County Radio Consortium ITEM a„
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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER '
MEETING DATE: NOVEMBER 17, 2009
SUBJECT: INTERLOCAL AGREEMENT BETWEEN NORTHEAST
TARRANT COUNTY RADIO CONSORTIUM MEMBERS AND
THE CITY OF ARLINGTON, TEXAS
RECOMMENDATION:
City Council to consider a resolution authorizing the City Manager to sign an interlocal
agreement between the cities of Grapevine, Euless, Bedford, Colleyville, Southlake,
Keller and Arlington to contract with Holland & Knight for the procurement of money to
assist in the purchase of a new shared public safety radio system.
FUNDING SOURCE:
The total cost of the contract is $96,000 shared between seven cities with Grapevine's
portion being $13,714.29. Funds are available in the CCPD fund 117-44540-209-4.
BACKGROUND:
In March of 2000, Grapevine entered into an interlocal agreement with the cities of
Euless, Bedford, Colleyville and Keller which formed the Northeast Tarrant County
Radio Consortium (NETCO) and in April of 2003 Southlake joined to bring the total
member cities to six (6). The original radio system was built in 1994 and support from
the manufacturer for the controllers and dispatch consoles are set to expire on
December 31, 2016. This system is used by the member cities for all public safety
communications. The City of Arlington operates on it's own radio system and has the
same end of life problems as the NETCO system. The cost estimate to replace both
systems is approximately $26,000,000.
This interlocal agreement will allow NETCO to join forces with one of the larger cities in
Tarrant County to hire a law firm in Washington D.C. to lobby Congress for federal
money to fund the replacement system. Adding Arlington to the NETCO group only
strengthens our position when it comes to obtaining Federal funds. The more cities who
band together, the better the interoperability between the cities becomes, which is a
huge factor considered by Congress when awarding grants or assigning any Federal
money toward public safety.
�Mry
November 12,2009(11:20AM)
INTERLOCAL AGREEMENT
BEDFORD, COLLEYVILLE,EULESS, GRAPEVINE,
KELLER, AND SOUTHLAKE
(Northeast Tarrant County Radio Consortium—NETCO)AND
CITY OF ARLINGTON,TEXAS
THIS AGREEMENT is made this the day of ,2009, by and
between the CITIES OF BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE,
KELLER, AND SOUTHLAKE, all being home-rule municipalities, all located, at least in
part, in Tarrant County, Texas and members of the Northeast Tarrant County Radio
Consortium (hereinafter collectively know as the "NETCO"), and the CITY of
ARLINGTON, a Texas home-rule municipality (hereinafter known as "Arlington").
WHEREAS, in July, 1994 the cities of Bedford and Colleyville entered into an
interlocal agreement to construct and operate the initial 800 Mhz tanked radio system in
Northeast Tarrant County and constructed The Trunked System with an antenna site
located in Colleyville, with the intent of offering membership to other agencies; and
WHEREAS, in November, 1994 the City of Keller adopted the interlocal
agreement to become the third member of NETCO; and
WHEREAS, in February, 1996 the City of Euless adopted the interlocal
agreement to become the fourth member of NETCO; and
WHEREAS, in March, 2000, the City of Grapevine adopted the interlocal
agreement to become the fifth member of NETCO; and
WHEREAS, in April 2003, the City of Southlake adopted the interlocal
agreement to become the sixth member of NETCO; and
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WHEREAS, Arlington owns and operates an 800 MHz trunked radio system;
WHEREAS,NETCO and Arlington support the concept of combining resources,
including but not limited to licensed 700/800 MHz channels, public safety
communications transmitter sites and network equipment, to construct a regional digital
public safety radio system that meets the Project 25 operating standards (the "P25
System");
WHEREAS, accomplishing the P25 System undertaking will be a multi-year
process requiring funding from federal, state and local sources;
WHEREAS, expediting federal funding will provide NETCO and Arlington with
access to the substantial resources needed to undertake planning and launch of the P25
System undertaking;
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,NETCO and Arlington hereby agree as follows:
Section 1
Interlocal Agreement
1.0 This Agreement is entered into and shall be construed pursuant to Chapter 791 of
the Texas Government Code, the Texas Interlocal Cooperation Act.
Section 2
System Formation and Implementation
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2.0 Formation of the P25 System is a complex undertaking requiring detailed
cooperation and coordination between NETCO and Arlington. Details of forming,
governing and implementing the P25 System undertaking will be addressed in a separate
inter-local agreement.
Section 3
Federal Funding
3.0 NETCO and Arlington have engaged the law firm of Holland& Knight,
LLP, (the "Firm")to provide legal services in support of reconfiguring their respective
public safety radio systems. The Firm has substantial experience in obtaining federal
funding to assist localities in implementing public works projects such as the P25 system.
3.1 NETCO and Arlington will engage the Firm for a period of one year,
starting in October of 2009, to seek federal funding in support of the P25 System
undertaking with an option to renew that engagement for future fiscal years.
3.2 The cost of the Firm's legal services shall be $96,000,to be paid over a
one year period on a quarterly basis pursuant to a letter of engagement with the Firm.
NETCO Members and Arlington shall divide the cost of the Firm's fees among
themselves equally, each paying 1/7 of the Firm's fees.
3.3 The amount of federal funding sought shall be determined in collaboration
with NETCO and Arlington, and shall be the maximum feasible based on the federal
government's budget for the applicable fiscal year.
Section 4
Addition of Jurisdictions
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4.0 From time to time, other jurisdictions may wish to join the P25 undertaking,
thereby promoting regional expansion of the public safety communication system. A
governmental entity may join the P25 undertaking by executing an amendment to this
agreement, with the understanding that if the volume of additional jurisdictions extends
beyond the jurisdictions wholly located in Tarrant County, it will be necessary to increase
the level of federal funding sought, and Holland& Knight's annual fees will therefore
increase proportionately. For example, if the City of Fort Worth elects to join the P25
undertaking, Holland & Knight's annual fees will increase by$40,000. All members of
the P25 undertaking, including those governmental entities subsequently joining the
undertaking, will pay their equal share of Holland & Knight's annual fee. Any
governmental entity that decides to join the P25 undertaking must, as a condition of
membership, agree to pay its equal share of payments to Holland& Knight made from
the inception of the P25 undertaking.
Section 5
Disbursement of Funds
5.0 Funding received through the efforts of the Firm will be used SOLELY for
the development, deployment, and support of the P25 system.
5.1 Nothing herein shall prevent NETCO and Arlington from agreeing to
"pool"the funds acquired through this agreement for the procurement and construction of
shared portion of the P25 system. In fact, priority shall be given to the development,
deployment, and support of the shared portion of the P25 system with the funds acquired
through the efforts of the Firm.
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5.2 Funding received through the efforts of the Firm will be disbursed based
on the number of radios with system IDs each signatory operates on their system.
Funding received by any other means is not subject to this agreement.
5.3 For the purpose of the disbursement,the number of radios for each
signatory shall be "frozen"at the number of radios on the date this document is effective.
5.4 Disbursements will be calculated on the percent of total radios each
signatory owns and is subject to this agreement. As an example, if the City of Colleyville
has 5.42%of the radios subject to this agreement, they would then be entitled to 5.42% of
the funds acquired through this agreement.
Section 6
Indemnity
6.0 To the extent allowed by law,NETCO and Arlington agrees to defend
and hold harmless every other, 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 death or injury to any person, or the loss of, damages 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 Member, its officials, agents, officers and employees.
Section 7
Non-Waiver of Immunity
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7.0 It is expressly understood and agreed that, in the execution of this
Agreement, neither NETCO nor Arlington waives nor shall it be deemed to have waived,
any immunity or defense that would otherwise be available to it against any claims
arising in exercise of its governmental powers or functions.
7.1 In the event that any person, elected official, employee, or agent of either
NETCO or Arlington, performing services pursuant to this Agreement be cited as a party
to a state or federal civil lawsuit arising out of the performance of those services, that
person, elected official, employee, or agent of NETCO or Arlington shall be entitled to
the same defenses that he or she would be entitled to receive as if such civil action and
arisen out of the performance of his or her duties as an employee NETCO or Arlington
which appointed them or where he or she is regularly employed and in the regular
jurisdiction of NETCO or Arlington by which that person is regularly employed.
Section 8
Miscellaneous
8.0 NETCO and Arlington agree 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.
8.1 In case any 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, sentence, paragraph or provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision and never been
contained herein.
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8.2 This Agreement may be amended or modified only by the mutual
agreement of NETCO and Arlington hereto in writing, such amendment or modification
being attached to and incorporated herein.
8.3 This Agreement may be signed in multiple counterparts and shall be
binding on NETCO and Arlington hereto when duly authorized by the governing body of
each Member and its duly authorized representative.
8.4 This Agreement contains all of the commitments and agreements of the
NETCO and Arlington hereto.
8.5 All notices required to be given herein shall be directed to the Manager of
the NETCO member involved and Arlington.
8.6 All payments and expenses made by any NETCO Member or Arlington
hereto shall be made from the current revenues of the Member or Arlington.
APPROVED BY THE CITY COUNCIL OF THE CITY OF BEDFORD, TEXAS:
By:
Date:
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY
APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS:
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By:
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 CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS:
By:
Date:
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY
APPROVED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS:
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By:
Date:
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY
APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS:
By:
Date:
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY
APPROVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS:
By:
Date:
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY
#5825043_v1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN
FACTS RELATIVE TO PARTICIPATION IN AN INTERLOCAL
AGREEMENT WITH THE CITY OF ARLINGTON AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE
TO EXECUTE SAID AGREEMENT AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Grapevine, Texas, pursuant to the authority granted by
Article 791 et seq. of the Interlocal Cooperation Act, as amended, desires to participate in
an interlocal agreement with the City of Arlington; and
WHEREAS, the City of Grapevine, Texas, is of the opinion that participation in the
NETCO-Arlington interlocal agreement will be highly beneficial to the taxpayers of the City
of Grapevine through the efficiencies and potential savings to be realized.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated in the above preamble are true and correct and
are incorporated herein as if copied in their entirety.
Section 2. That the City Council of the City of Grapevine, Texas, does hereby
authorize the City Manager or the City Manager's designate to execute the Interlocal
Participation Agreement to contract with Holland&Knight for the procurement of money to
assist in the purchase of a new shared public safety radio system
Section 3. That the execution of this resolution shall evidence the election of the
City of Grapevine, Texas, to enter into an interlocal agreement with the City of Arlington
upon the terms and conditions stated in the agreement.
Section 4. That this resolution shall take effect from and after the date of its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 17th day of November, 2009.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
RES. NO. 2