RE 2019-0108.1 NTECC AmendmentRESOLUTION NO. 2019-0108.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, APPROVING THE FIRST AMENDMENT TO CONSOLIDATED
PUBLIC SAFETY COMMUNICATIONS AND DISPATCH OPERATIONS
AGREEMENT WITH THE CITY OF CARROLLTON, THE TOWN OF
ADDISON, THE CITY OF FARMERS BRANCH, AND NORTH TEXAS
EMERGENCY COMMUNICATIONS CENTER, INC. ("NTECC")
RELATING TO OPERATIONS AND FUNDING OF THE NTECC
CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS CENTER;
AUTHORIZING EXECUTION OF THE AGREEMENT BY THE CITY
MANAGER; AUTHORIZING ADDITIONAL ACTS TO CARRY OUT THE
CITY'S OBLIGATIONS UNDER THE AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, effective on January 1, 2015, the City of Carrollton ("Carrollton"), Town of
Addison ("Addison"), City of Coppell ("Coppell") and the City of Farmers Branch ("Farmers
Branch")(collectively, "the Cities") and the North Texas Emergency Communications Center, Inc.
("NTECC") entered into that certain Consolidated Public Safety Communications and Dispatch
Operations Agreement ("the Agreement") setting forth the terms and conditions pursuant to which
NTECC owns, manages, operates, and maintains the Facilities (as defined in the Agreement) for
the benefit of the Cities, provide Public Safety Communications Services, and provide Radio
System Services to the Cities, in consideration of the Cities' obligation to pay for same; and
WHEREAS, Section 4.02 of the Agreement provides for the allocation of the Cities'
shares for funding NTECC's Annual Expense Budget and the periodic adjustment of that
allocation; and
WHEREAS, unanticipated delays in the date on which NTECC's operations commenced
has resulted in a conflict in the literal reading of Section 4.02 of the Agreement and the Parties'
original intent relating to the operation of the language in Section 4.02 with respect to the periodic
adjustment of the cost allocation amongst the Cities; and
WHEREAS, NTECC's board of directors, consisting of the Cities' city managers, has
requested that Section 4.02 of the Agreement be amended to reflect the Cities' original intent; and
WHEREAS, the City Council of the City of Coppell, Texas, finds it to be in the public
interest to approve such amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
COPPELL, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to sign on behalf of the City the First
Amendment to Consolidated Public Safety Communications and Dispatch Operations Agreement
with the Town of Addison, City of Carrollton, City of Farmers Branch, and North Texas Emergency
Communications Center, Inc., containing substantially the terms and provisions attached hereto as
with the Town of Addison, a' Branch,i North Texas Emergency
Communications i i provisions attached hereto as
Exhibit i by i to take such stepsreasonable ani
complynecessary to i said
MMANWU��* i i ii sImm
aWII
PROV AS "ISO FORM:
City Attorney'
(kbl:1.2/13/18:104907)
zristel Pettinc7s, ity Secretary
FIRST1 TO
CONSOLIDATED ; 1
DISPATCH OPERATIONS ►
COMMUNICATIONS IC TI ENT ("First
Amendment") is dated and entered into as of the Effective Date by and among the TOWN OF
ADDISON, TEXAS, ("Addison"), the CITY OF CARROLLTON, T ("Carrollton"), the
CITY OF COPPELL, T ("Coppell"), and the CITY OF FARMERSBRANCH, TEXAS,
("Farmers Branch"), all of whom are Texas home rule municipalities operating under the authority
of their respective governing bodies (Addison, Carrollton, Coppell, and Farmers Branch, are
hereinafter sometimes referred to collectively as "the Cities"), and the NORTH TEXAS
EMERGENCYCOMMUNICATIONS CENTER, INC. ("NTECC"), a Texas non-profit local
government corporation created pursuant to Subchapter D of Chapter 431, Texas Transportation
Code, as amended and Chapter 394, Texas Local Government, as amended. The Cities and
NTECC are hereafter collectively referred to as the "Parties" or individually as a "Party".
l7 Yom\ lf.
WHEREAS, effective on January 1, 2015, the Parties entered into that certain
Consolidated Public Safety Communications and Dispatch Operations Agreement ("the
Agreement") setting forth the terms and conditions pursuant to which NTECC owns, manages,
operates, and maintains the Facilities (as defined in the Agreement) for the benefit of the Cities,
provides Public Safety Communications Services, and provides Radio System Services to the
Cities in consideration of the Cities' obligation to pay for same; and
WHEREAS, Section 4.02 of the Agreement provides for the allocation of the Cities'
shares for funding NTECC's Annual Expense Budget and the periodic adjustment of that
allocation; and
WHEREAS, unanticipated delays in the date on which NTECC's operations commenced
has resulted in a conflict in the literal reading of Section 4.02 of the Agreement and the Parties'
original intent relating to the operation of the language in Section 4.02 with respect to the periodic
adjustment of the cost allocation amongst the Cities; and
WHEREAS, the Parties desire to amend Section 4.02 of the Agreement to reflect the
Parties' original intent.
Section 4.02 of the Agreement is amended to read in its entirety as follows:
Communications4.02 Cities' Share of Annual Expense Budge . For providing Public
Safety * the Cities by NTECC under this Agreement,
each City agrees to pay NTECC an amount equal to a portion of NTECC's Annual
Expense Budget determined as follows:
Page l FIRST AMENDMENT TO CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS AND DISPATCH OPERATIONS
AGREEMENT
(kbl:12/13/18:104700)
(a) Years 0 through 4: For the period commencing on April
2014 (notwithstanding that such date precedes the Effective Date of th
Agreement), and ending on the last day of the fourth (4 1h) complete Fisc
Year following the date NTECC commences providing Public Safe
Communications Services to the Cities, the Cities' agree to pay NTECC
amount equal to the following percentages of NTECC's Annual Expen
IL'ud get �excluding the Radio Spstem Service Chariyes and the Denco PSI
Charges): I
(1)
Addison:
19%
(2)
Carrollton:
36%
(3)
Coppell:
21%
(4)
Farmers Branch:
24%
(b) Years 5 and After: Commencing with the fifth (5 th)
complete Fiscal Year following the date NTECC commencep
s•roviding
Public Safety Communications Services to the Cities and for each Fiscal
Year thereafter, the Cities' share of the percentage of NTECC's Annual
Expense Budget (excluding the Radio System Service Charges and the
Denco PSAP Charges) shall be adjusted based on the percentage of each
City's Workflow during the three (3) most recent calendar years in relation
to the total Workflow for all of the Cities for the same three (3) calendar
years. By way of example, for the Fiscal Year beginning October 1, 2020,
the percentage share of the Annual Expense Budget for the City of "A"
(excluding the Radio System Service Charges and the Denco PSAP
Charges) will be City A's Workflow for calendar years 2017, 2018 and 2019
divided by the total Workflow for all of the Cities for calendar years 2017.
2018, and 2019.
2. The defined words and phrases set forth in this First Amendment shall have the same
meanings as set forth in the Agreement.
3. Except as amended by this First Amendment, the Parties acknowledge and agree the
Agreement remains in full force and effect.
-4. This First Amendment shall be effective and enforceable onthe date it is signed by
authorized representatives of all of the Parties ("Effective Date").
(Signatures on following pages)
Page 2 FIRST AMENDMENT TO CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS AND DISPATCH
OPERATIONS AGREEMENT
(kbl: 12/13/18:104700)
mmm
SIGNED AND AGREED this day of 2019.
flmvmmpffmm��
m
I Parker, City Secretary
Brenda McDonald, City Attorney
Page3 FIRST AMENDMENT TO CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS AND DISPATCH
OPERATIONS AGREEMENT
(kbl: 12/13/18:104700)
MEM
SIGNED AND AGREED this day of 2019.
Munn=
mwlmu��1
m
mml
Erin Rinehart, City Manager
Vagi 4 FIRST A�IF,NI3MENT TO CONSOLIDATED PLi C SAFETY COMMUNICATIONS AND DISPATCH
OPERATIONS AGREEMENT
(kbl: 12/13/18:104700)
UMMMMM.,
SIGNED AND AGREED this day of 2019.
0
upgffpj�� M
Peter G. Smith, City Attomey
Page FIRST AMEND TIENT TO ONSOI,IDATEID Pii C SAFETY COMMUNICATIONS AND DISPAWH
OPERATIONS AGREEMENT
(kb l: 12/13/18:104700)
SIGNED AND AGREED this — day of , 2019.
0
Kevin B. Laughlin, General Counsel
Terry Goswick, Executive Director
Page 7 FIRST AMENDMENT TO CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS AND DISPATCH
OPERATIONSAGRELMENT
(kbl: 12/13/18:104700)
City of Coppell Signature Page
SJGNE.',D AND AGREED this day of 2019.
CITY OF COPPEIV-
By:
--- dichdel Lan , City Manager
A-IFFES'll:
Christel Petti os, . y Sec -clary
A PPROVW M TO. FORM:
City Attorney
C SAFETYCONIMUNICATIONS AND DISPATO I
OPERATIONS AGREEWNT
(kbL 12/13/18:104700)