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Home My WebLink AboutRes 2021-08-955 Interlocal Agreement for Emergency Dispatch Services Between Collin CountyCITY OF ANNA, TEXAS A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN UPDATED INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES BETWEEN COLLIN COUNTY, TEXAS AND THE CITY OF ANNA, TEXAS AND AUTHORIZING THE CITY MANGER TO EXECUTE SAME. WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791, "the Act") authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") has approved an Interlocal agreement between Collin County, Texas (the "County") and the City of Anna, Texas the "City"); and WHEREAS, the City Council finds that the Interlocal Dispatch Services Agreement (the 'Agreement") with the County should be extended through September 30, 2022 (the "Extension"); and WHEREAS, the County has proposed certain amendments to the Agreement, to include payment of dispatch service charges for FY2022 in the amount of $140,563.00 (one hundred and forty thousand, five hundred and sixty-three dollars and zero cents) for the Extension, an annual connection fee of $108.00 (one hundred and eight dollars and zero cents) for each radio registered on the system, and the addition of a Force Majeure clause to the terms and conditions, such that the updated Agreement shall be comprised of the terms set forth in the attached Exhibit 1 (incorporated herein for all purposes); and WHEREAS, the City Council has determined that it is in the best interest of the City and its citizens to authorize, ratify, and approve the City Manager's execution of the updated Agreement and Extension; and WHEREAS, the City shall make all payments under the Agreement only from its current revenues; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the Extension attached hereto as Exhibit 1 to extend the Agreement and ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the Agreement and the Extension. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ay of 12021 APPROVED: ATTEST: Mayor Nate Pike aAA.P� �/1 ' l/l� Cay Secretary Carrie Land INTERLOCAL DISPATCH SERVICES AGREEMENT This agreement is entered into on the t+ day of , 2021, by and between the City of Anna (the "City") and Collin County, a political subdivision of the State of Texas (the "County"). RECITALS 1. The County, through the Sheriff's Ofhce, owns and operates communication facilities used in dispatching its law enforcement and emergency service personnel. 2. The City desires to obtain certain dispatch services from the County. Therefore, under the authority of Texas Government Code, Title 7, Interlocal Cooperation Act, Section 791 et seq., the parties agree as follows: SECTION 1. DEFINITIONS DISPATCH SERVICES. The term "Dispatch Services" means all services necessary for the Collin County Sheriff's Office to receive calls for law enforcement service within the City's jurisdiction and to dispatch the City's law enforcement personnel in response to such calls. HOSTING SERVICES. The term "Hosting Services" means the County will store the City's data as it relates to dispatch services. �yMAN Y[A7►`i►�Yr17►iI 2.01 TERM. The term of this agreement shall commence on October 1, 2021, and shall continue in full force and effect through September 30, 2022. This agreement maybe renewed for additional one (1) year periods at the rates established and agreed upon by both parties. 2.02 TERMINATION. Either party may terminate this agreement by giving ninety (90) days written notice to the other party. SECTION 3. SERVICES 3.01 The County agrees to provide dispatch services through the Sheriff's Office to the City in the same manner and under the same work schedule as such services are provided in the operation of the County's law enforcement personnel. 3.02 Hosting Services. The County agrees to provide Hosting Services to the City and that it will provide 95% uptime availability of the service as covered herein. 3.03 Scheduled Maintenance: The City hereby acknowledges that the County may, from time to time, perform maintenance service on the County network, with or without notice to the City, which may result in the unavailability of the County network. Emergency maintenance and maintenance for which the County has not given the City notice in accordance with this Agreement shall not be deemed scheduled maintenance for• purposes of this Agreement. The County will make every effort to notify the City prior to scheduled maintenance. Notice may be given in various forms including but not limited to email notice and/or phone call. 3.04 Hosted Data Ownership. The City shall have sole ownership of the City's hosted data and the County shall make no claim to ownership of City's hosted data. 3.05 Hosted Data Back Up. The County will back up the City's hosted data on a daily basis. All data backups will meet Criminal Justice Information Systems (CJIS) requirements. Every effort is made to ensure the reliability of the backed up data in the event that it would be necessary to restore a database. The County, however, makes no guaranties that the backed up database will be error free. Upon request, the County will provide to the City a current database backup that can be restored to an alternate location to verify the contents and confirm the quality of the backup. All services required to provide the City's data and/or verify data will be provided in accordance with the County's current rates. 2 3.06 Remote Access Agreement. For each user the City is required to complete and return Attachment (A), Connection Policy and Agreement Form for remote access and return to County to the address in 9.02 item (C). No access will be given to user unless County has received a Remote Access Agreement, SECTION 4. NONEXCLUSIVITY OF SERVICE PROVISION The parties agree that the County may contract to perform services similar or identical to those specified in this agreement for such additional governmental or public entities as the County, in its sole discretion, sees fit. SECTION 5. COMPENSATION 5.01 The dispatch service charges for FY2022 in the amount of $140,563.00 shall be paid by the City in four quarterly installments of $35,140.75. The fees will be based on the fee schedule formulas adopted by Commissioners' Court on August 6, 2018 (Court Order No. 2018-628-08-06). In addition to the fee schedule, each radio registered on the system will be assessed an annual connection fee by Plano, Allen, Wylie, Murphy (PAWM) operators for access to their system. In FY2022, the fee will be $108 per radio anA maybe updated annually by PAWM. 5.02 PAYMENT UPON EARLY TERMINATION. If this agreement is terminated prior to the conclusion of a three-month period for which a payment has been made pursuant to Section 5.01 of this agreement, the entire amount paid shall belong to the County without prorating, as liquidated damages to cover the County's anticipated costs for staffing and equipment to provide services hereunder. 5.03 SOURCE OF PAYMENT. The City agrees that payments that it is required to make under this agreement shall be made out of the City's cun•ent revenues. SECTION 6. CIVIL LIABILITY 6.01 Any civil liability relating to the furnishing of services under this agreement shall be the responsibility of the City. The parties agree that the County shall be acting as agent for the City in performing the services contemplated by this agreement. 6.02 The City shall hold the County free and harmless from any obligation, costs, claims, judgments, attorneys fees, attachments, and other• such liabilities arising from or growing out of the services rendered to the City pursuant to the terms of this agreement or in any way connected with the rendering of said services, except when the same shall arise because of the wilifiil misconduct or culpable negligence of the County, and the County is adjudged to be guilty of willfiil misconduct or culpable negligence by a court of competent jurisdiction. SECTION 7. AMENDMENT This agreement shall not be amended or modified other than in a written agreement signed by the parties. SECTION 8. CONTROLLING LAW This agreement shall be deemed to be made under, governred by, and construed in accordance with the laws of the State of Texas. SECTION 9. NOTICES 9.01 FORM OF NOTICE. Unless otherwise specified, all communications provided for in this agreement shall be in writing and shall be deemed delivered, whether actually received or not, forty-eight (48) hours after deposit in the United States mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 9.02 ADDRESSES. All communications provided for in this agreement shall be addressed as follows: 0 (A) Collin County, to: Purchasing Department 2300 Bloomdale 43160 McKinney, Texas 75071 (B) Collin County Administrator, to: Bill Bilyeu 2300 Bloomdale #4192 McKinney, Texas 75071 (C) If to the Ciry, to: (D) Collin County, Remote Access to: Information Technology Department 2300 Bloomdale #3198 McKinney, Texas 75071 Or to such person at such address as may from time to time be specified in a notice given as provided in this Section 9. In addition, notice of tei7nination of this agreement by the City shall be provided by the City to the County Judge of Collin County as follows: The Honorable Clu-is Hill Collin County Judge Collin County Administration Building 2300 Bloomdale Rd. Suite 4192 McKinney, Texas 75071 SECTION 10. CAPTIONS The headings to the various sections of this agreement have been inserted for the convenient reference only and shall not modify, define, limit or expand the express provision of this agreement. 5 SECTION 11. COUNTERPARTS This agreement may be executed in counterparts, each of which, when taken separately, shall be deemed an original. SECTION 12. OBLIGATIONS OF CONDITION All obligations of each party under this agreement are conditions to further performance of the other party's continued performance of its obligation under the agreement. SECTION 13. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT The County and the City have the exclusive right to bring suit to enforce this Agreement, and no party may bring suit, as a third -party beneficiary or otherwise, to' enforce this agreement. SECTION 14. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written oral agreements between the parties respecting the services to be provided under this agreement. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. "COUNTY" COLLIN COUNTY, TEXAS BY: TITLE: DATE: • 7 FY 2022 Radio Cost (excluding FD) PD Radios PAWM PAWM Collin County Grand Outside Agency as of 03/11/21 Fee per Radio Cost Radio/Dispatch Fee Total Anna 34 $ 108 $ 31672 $ 1401563 $ 144,235 Anna ISD 4 $ 108 $ 432 $ 8,807 $ 91239 Celina 52 $ 108 $ 51616 $ 174,212 $ 179,828 Celina ISD 4 $ 108 $ 432 $ 81579 $ 9,011 Community ISD 5 $ 108 $ 540 $ 10,651 $ 11,191 Fairview 41 $ 108 $ 41428 $ 134,619 $ 139,047 Farmersville 24 $ 108 $ 2,592 $ 78,513 $ 81,105 Farmersville ISD 7 $ 108 $ 756 $ 15,175 $ 15,931 Josephine 14 $ 108 $ 11512 $ 47,383 $ 48,895 Lavon 17 $ 108 $ 11836 $ 52,875 $ 54,711 Melissa 28 $ 108 $ 31024 $ 114,595 $ 117,619 Melissa ISD 3 $ 108 $ 324 $ 61817 $ 71141 Princeton 54 $ 108 $ 5,832 $ 246,849 $ 252,681 Outside Agency Total 287 $ 108 $ 30,996 $ 11039,639 $ 11070,635 Collin County 1,003 $ 108 $ 108,324 $ 2,560,211 $ 21668,535