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HomeMy WebLinkAboutItem 09 - Narrow Band Programming ITEM # 9 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: OCTOBER 2, 2012 SUBJECT: INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAPEVINE AND NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS - NARROW BAND PROGRAMMING OF VHF AND UHF RADIO SYSTEMS RECOMMENDATION: City Council to consider approval of an interlocal agreement between the City of Grapevine and the North Central Texas Council of Governments so the City may obtain grant funds from NCTCOG to assist in paying for the narrow band programming of the City's VHF and UHF radio systems. FUNDING SOURCE: Funds are available in the CCPD Miscellaneous Equipment Maintenance Fund 117- 43465-209-4. BACKGROUND: The City has various radio systems used by Public Works, Parks and Emergency Management that operate on frequencies in the 150 MHz to 512 MHz range. The FCC has mandated that all radios and systems that operate in these frequencies be reprogrammed for narrow band operation. Narrow band operation reduces the frequency spacing from 25 kHz to 12.5 kHz. By entering into the interlocal agreement, the NCTCOG will reimburse the City for some of the expenses incurred by the City to reprogram systems to operate on the narrow spacing. The total project is expected to cost $6,530. NCTCOG will reimburse the City $5,260, leaving the City responsible for $1,270. Staff recommends approval. MBlmb September 26,2012(12:59PM) INTERLOCAL AGREEMENT FOR NARROW-BANDING SERVICES THIS INTERLOCAL AGREEMENT made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG," having its principal place of business at 616 Six Flags Drive, Arlington, TX 76011, and the City of Grapevine, a local government,hereinafter referred to as "Participant," having its principal place of business at 200 S. Main St., Grapevine, Texas 76099. WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including making grant funds available to participating local governments for narrow-banding services; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that its governing body has authorized this Agreement on October 2. 2012, and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the Participant do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that it is eligible to contract with NCTCOG under the Act for the purposes recited herein because it is a local government. ARTICLE 2: SCOPE OF SERVICES NCTCOG, shall make certain grant funds available to the Participant according to Article 3: Payments and Article 4. Performance Period, for the Participant's purchase of narrow-banding services. All purchases under this Agreement, are between Participant and Service Provider, and shall comply with applicable Texas competitive bidding statutes, contract terms between the Participant and the Service Provider, and the pricing caps as listed in Attachment I "Narrow-Banding Price Cap List". Nothing in this Agreement shall preclude the Participant from purchasing services from any Service Provider. ARTICLE 3: PAYMENTS Before procuring narrow-banding services, the Participant must first complete and return Attachment II, "Summary of Units That Will Be Narrow-banded". This will help determine the exact dollar amount the city may request from the State Administrative Agency (SAA). NCTCOG will acknowledge the amount or inform the County of any disparities that will be considered. Next, the City must complete the Expenditure Request(s) in the State's grant management website "State Preparedness Assessment and Reporting Service" (SPARS) for SAA approval. Upon completion of narrow-banding services and receipt of an invoice from the Service Provider, the Participant shall forward to NCTCOG the following document for purposes of meeting audit requirements: A copy of the Service Provider's detailed invoice Narrow-banding services provided in-house by Participant's employee(s) are not allowable under this agreement. Any other arrangement for payment is strictly between the Participant and the Service Provider. In no event shall NCTCOG have any financial liability to the Participant or Service Provider outside the scope of this agreement. These grant funds are to be used solely for narrow-banding services. Any such funds received shall not be used to replace federal, state, or local funds that were budgeted for or would otherwise be used for narrow-banding. The Participant must follow proper procurement procedures in the selection of the Service Provider 1 vendor to provide the services (i.e. state or local procurement laws including Local Government Code chapter 252, Government Code chapter 791 or chapter 2161). ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect for one (1) year, or until the end of the grant period, whichever comes first. ARTICLE 5: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. ARTICLE 6: TERMINATION PROCEDURES NCTCOG or the Participant may cancel this Agreement for any reason and at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligation of the Participant to pay for any service purchased under this Agreement, shall survive such cancellation, as well as any other related Participant costs incurred prior to the effective date of the cancellation. ARTICLE 7: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. Participant shall return or reimburse NCTCOG any funds used in nomcompliance with applicable law(s). ARTICLE 8: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 9: FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. ARTICLE 10: WHOLE AGREEMENT This Agreement and any attachmentsladdendums, as provided herein, constitute the complete Agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 11: DISPUTE RESOLUTION The parties to this Agreement agree to the extent possible and not in contravention of any applicable state or federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them regarding this Agreement informally through voluntary mediation, arbitration or any other local dispute mediation process before resorting to litigation. ARTICLE 12: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Tarrant County, Texas. b. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective city or county entities. C. This Agreement and the rights and obligations contained herein may not be assigned by either party without the prior written approval of the other party to this Agreement. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: North Central Texas Council of Governments Shared Services Program 616 Six Flags Drive Arlington, Texas 7601 Printed Name of NCTCOG Executive Director or Designee Signature of Executive Director or Designee Date: Participant Information City of Grapevine Jurisdiction's Name Date: Mailing Address City, State, ZIP Code Printed Name of Authorized Official or Designee Title Signature of Authorized Official or Designee: Date: