RE 2011-1213.4RESOLUTION NO.2011 -iia -4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, APPROVING A SECOND AMENDMENT TO
THE TRI- CITIES POLICE CONSORTIUM LAW ENFORCEMENT
MUTUAL AID IMTERLOCAL AGREEMENT BETWEEN THE
CITY OF COPPELL, THE CITY OF FARMERS BRANCH, THE
CITY OF CARROLLTON, TEXAS AND THE TOWN OF
ADDISON, TEXAS, TEXAS REGARDING THE PROVISION OF
LAW ENFORCEMENT AND RELATED SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAID
SECOND AMENDMENT; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Coppell, Texas (the "City "), the City of Carrollton, Texas
( "Carrollton "), the Town of Addison ( "Addison "), and the City of Farmers Branch
(Farmers Branch ") are neighboring municipalities and, pursuant to and in accordance
with law (including, without limitation, the Interlocal Cooperation Act (Texas
Government Code Section 791.001, et. seq.) and Sections 362.002 and 362.003 of the
Texas Local Government Code), previously entered into an agreement regarding the
provision of law enforcement and related services entitled "Tri- Cities Police
Consortium Law Enforcement Mutual Aid Interlocal Agreement' (the "Agreement "), a
true and correct copy of which is on file in the office of the City Secretary; and
WHEREAS, the City, Carrollton, Addison, and Farmers Branch desire to amend the
Agreement authorizing the consultant hired under the Agreement as provided in the
Second Amendment to to the Tri- Cities Police Consortium Law Enforcement Mutual
Aid Interlocal Agreement, a true and correct copy of which is attached hereto as Exhibit
A and incorporated herein; and
WHEREAS, the City Council of the City of Coppell, Texas, finds it to be in the public
interest to approve the changes to the Agreement as set out in the Second Amendment
to the Tri- Cities Police Consortium Law Enforcement Mutual Aid Interlocal
Agreement; to share in the cost of the additional consultancy services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS THAT:
SECTION 1. The above and foregoing recitals to this Resolution are true and correct
and are incorporated into and made a part of this Resolution for all purposes.
SECTION 2. The City Council approves the Second Amendment to Tri- Cities Police
Consortium Law Enforcement Mutual Aid Interlocal Agreement attached hereto as
Exhibit A , in amount not to exceed fifty seven thousand three hundred eighty seven
dollars ($57,387) signed and authorized for the City Manager to execute.
TM52761
SECTION 3. This Resolution shall be effective immediately upon approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, THIS �rnDAY OF Jft �1' 2011.
ATTEST:
Christel Pettinos, 6ity Secretary
APP OVED:
D glas . Stover, Mayor
APPROVED AS TO FORM:
V j r ej t. � a aj - L
Robert E. Hager, City Att ey
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EXHIBIT "A"
First Amendment to Tri- Cities Consortium Law Enforcement Mutual Aid Interlocal Agreement
Page 1 of 3
SECOND RADIO SYSTEM INTERLOCAL AGREEMENT
This Second Radio System Interlocal Agreement ( " Agreement ") is made by and between
the City of Carrollton, Texas ( " Carrollton "), the City of Farmers Branch, Texas ( " Farmers
Branch "), the City of Coppell, Texas ( " Coppell "), and the Town of Addison, Texas ( " Addison ")
(Carrollton, Farmers Branch, Coppell, and Addison are hereinafter sometimes referred to
together as the " Cities " and individually as a "Ci1y").
Recitals
1. Carrollton, Farmers Branch, and Addison participate by agreement in the use of a
four -site nine - channel 800Mhz Trunked Simulcast Radio System (the " System ") which provides
radio coverage for each of them in the exercise of their respective governmental functions,
including their provision of police, fire and emergency medical services. The System was
designed and developed with the assistance of RCC Consultants, Inc., a Texas corporation
( "
2. Effective July 26, 2010, those three cities entered into an agreement entitled
"Radio System Interlocal Agreement," that provided for them to share equally in the costs of a
study, to be conducted by RCC, regarding a possible upgrade of the System and a review of
other items regarding their public safety radio communications and operations, including a
potential upgrade of their individual mobile data systems and an evaluation of their
communications dispatch center operations ( " Phase I " or the " Study "). Following the execution
of the Phase I agreement, Coppell expressed an interest in participating in the Study, and
separately entered into an agreement with RCC that in effect expanded the Study to include
Coppell.
3. RCC completed the Study, reflected in its report dated September 2011, and
recommended therein an upgrade and expansion of the System to a digital P25 system (such
upgrade and expansion being referred to herein as " Phase II " or the "U rade "), to include all of
the Cities. In a separate report, RCC has concluded that a consolidated dispatch center is feasible
and should have a reasonable return on investment time period.
4. The Cities desire that RCC provide certain services to facilitate implementation of
the Upgrade, including the design of and preparation of procurement specifications for the
Upgrade, evaluation of vendor proposals to provide the Upgrade, and selection of a vendor to
provide and install the Upgrade. The Cities recognize that, depending on the result of Phase II,
the Cities may need an additional agreement that addresses management of the Upgrade
installation and implementation and testing of the Upgrade (such additional agreement, if any,
being Phase III).
5. As with Phase I, the Cities desire that Addison enter into an agreement for Phase
II with RCC, with the cost thereof to be shared equally by the Cities as set forth herein. A copy
of a proposed agreement entitled "First Amendment to Consultant Services Agreement" between
Addison and RCC to conduct Phase II as described in the RCC Proposal is attached hereto as
Exhibit A and incorporated herein (the " _Phase II Agreement The Phase II Agreement
provides for RCC to conduct the Radio Study. Addison has approved the Phase II Agreement,
Second Radio System Interlocal Agreement
Page 1 of 4
subject to and contingent upon, however, the approval and execution of this Agreement by the
Cities.
6. The provision of police, fire, and emergency medical services, the radio
communications that are essential thereto, and the work and services described herein in
connection therewith, are essential to the public health and safety and are governmental functions
and services pursuant to Chapter 791, Tex. Gov. Code, pursuant to which this Agreement is
authorized.
NOW, THEREFORE, for and in consideration of the mutual benefits and obligations
set forth in this Agreement, the City of Carrollton, Texas, the City of Farmers Branch, Texas, the
City of Coppell, Texas, and the Town of Addison, Texas do hereby agree as follows:
Section 1. The above and foregoing Recitals are true and correct and are incorporated
into this Agreement and made a part hereof for all purposes.
Section 2. The Cities agree that they shall each pay one -fourth of the total cost of the
Phase II Agreement as set forth therein. Such total cost is shown in the Phase II Agreement to be
$229,548, and therefore each City shall pay $57,387. Addison will make payments to RCC in
accordance with the Phase II Agreement, and each of Carrollton, Farmers Branch, and Coppell
shall reimburse Addison their proportionate (one- fourth) share of each payment made by
Addison. Such reimbursement shall be made by Carrollton, Farmers Branch, and Coppell not
later than 15 days following their receipt of an invoice from Addison identifying the amount(s)
paid by Addison and a copy of the RCC invoice and any supporting documentation received in
support thereof from RCC.
The payments made by Carrollton, Farmers Branch, and Coppell to Addison pursuant to
this Agreement shall be made from current revenues available to each of Carrollton, Farmers
Branch, and Coppell.
Section 3. For purposes of this Agreement, notices and other communications shall
be in writing, addressed as provided hereinafter to the party to whom the notice or request is
given, and shall be either (i) delivered personally, (ii) sent by United States certified mail,
postage prepaid, return receipt requested, or (iii) placed in the custody of Federal Express
Corporation or other nationally recognized carrier to be delivered overnight. Notice shall be
deemed given upon receipt. Addresses for notices and other communications are as follows:
To Carrollton To Farmers Branch
Attn:
Attn:
Second Radio System Interlocal Agreement
Page 2 of 4
To Coppell
Coo II 16ke f
13a )bwn &n'Y - isiv
Cppk %i
To Addison
From time to time each City may designate another address within its boundaries for
purposes of this Agreement by giving the other party not less than ten (10) days advance notice
of such change of address in accordance with the provisions hereof.
Section 4. Each City shall not, and shall have no authority to, assign or otherwise
transfer this Agreement or an portion hereof without the prior written consent of the other Cities.
No assignment or other transfer by any City will be effective without the written consent of the
other Cities.
Section 5. This Agreement represents the entire and integrated agreement between
the Cities, and supersedes all prior negotiations, representations and/or agreements, either written
or oral with regard to the subject matter hereof. This Agreement may be amended and modified
only by written instrument signed by authorized representatives of each of the Cities.
Section 6. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of
competent jurisdiction to be contrary to the law or contrary to any rule or regulation having the
force and effect of the law, such decisions shall not affect the remaining portions of the
Agreement.
Section 7. This Agreement and the rights and duties of the Cities shall be governed
by the laws of the State of Texas, without regard to the choice of laws provisions of any
jurisdiction. This Agreement shall be enforceable in Dallas County, Texas, and, if legal action is
necessary, exclusive venue shall lie in Dallas County, Texas.
Section 8. This is a negotiated document. Should any part of this Agreement be in
dispute, the Cities agree that the terms and provisions of this Agreement shall not be construed
more favorably for or strictly against any City.
Section 9. It is not a waiver of or consent to a breach, failure to perform, or default of
this Agreement if the non - defaulting party fails to declare promptly a default or delays in taking
any action. Pursuit of any rights or remedies set forth in this Agreement does not preclude
pursuit of any other rights or remedies in this Agreement or available or provided by law, in
equity, or otherwise.
Section 10. This Agreement and all of its provisions are solely for the benefit of the
Cities and, except as set forth herein, are not intended to create or grant any rights, contractual or
otherwise, to any third person or entity.
Second Radio System Interlocal Agreement
Page 3 of 4
Section 11. This Agreement shall be effective upon the date that the last of the Cities
executes this Agreement as reflected by the date of execution of this Agreement by the
authorized representatives of the Cities set forth below.
Section 12. The Cities do not waive any immunity or other defenses or tort limitations
to any claims by their the execution of this Agreement, and no City waives, nor shall be deemed
to waive, any immunity or defense or tort limitation which otherwise is available in claims
arising from or in connection with any activity conducted pursuant to this Agreement.
Section 13. This Agreement may be executed in counterparts, each of which shall
constitute an original and all of which together shall constitute one and the same agreement.
Section 14. The undersigned persons are the properly authorized representatives of
each of the respective Cities and have the necessary authority to execute this Agreement on
behalf of the Cities.
EXECUTED by each of the Cities as of the dates set forth below.
CITY OF " 1 1
Title: -f C,1 j ` " flyr—
Date: 1.2 0 20 //
CITY O ARMERS B CH, TEXAS
By:
Title:
Date: /
CITY OF COPPELL, TEXAS-
Title:
Date: 1 2 —
TOWN OF ADDISON, TEXAS
Ron Whitehead, City Manager
Date: I I — — J
Second Radio System Interlocal Agreement
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