HomeMy WebLinkAboutRes 2022-08-1228 ILA Emergency Dispatch Services (FD)CITY OF ANNA, TEXAS
RESOLUTION NO. g24_dolzf7g_ G" 8
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE
RENEWAL OF THE INTERLOCAL DISPATCH SERVICES AGREEMENT
WITH COLLIN COUNTY, TEXAS
WHEREAS, the City Council of the City of Anna Texas (the "City Council") finds
that renewal of the agreement for Dispatch Services with Collin County is vital to
support the City of Anna Fire Department's mission to preserve and protect the
public health and safety of the City's residents;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Whereas, Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth
in full.
Section 1. Approval of the Renewal of the Interlocal Dispatch Services
Agreement
The City Council hereby approves the Interlocal Dispatch Services Agreement
attached hereto as EXHIBIT 1, and authorizes, 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, act under, and
enforce the Agreement that shall remain in force until September 30, 2023.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
23t" day of August, 2022.
ATTEST:
Carrie S�+t�; City Secretary_
L any j
APPROVED:
Nate Pike, Mayor
Contract Modification Document
Vendor: City of Anna
P.O. Box 776
Anna, TX 75409
Contract No. 2021-295
Office of the Purchasing Agent
Collin County Administration Building
2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Contract: Dispatch Services, Anna Fire
Department
YOU ARE DIRECTED TO MAKE THE FOLLOWING MODIFICATION TO THIS CONTRACT
Item #1 Renew contract for a twelve (12) month period at the same terms and conditions of the contract from October 1, 2022,
through September 30, 2023.
Item #2 Update Section 5.01 Compensation clause of the agreement to the following:
The dispatch service charges for FY2023 are in the amount of $0.
From:
The dispatch service charges for FY2022 are in the amount of $0.
Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in
writing signed by both parties.
Amendment No. 1 has been accepted and authorized by authority of Collin County Commissioners Court
by Court Order No. effective on 1011/2022.
ACCEPTED
SIGNATURE
n' 1 120
(Print Name)
TITLE:
DATE:
SIGNATURE
Michelle Charnoski, NIGP-CPP, CPPB
(Print Name)
TITLE: Purchasing Agent
DATE:
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HISTORICAL INFORMATION
Awarded by Court Order No. 2021-010-u6-21
Amendment No. 1 Court Order No.
Summary Agreement extended
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INTERLOCAL DISPATCH SERVICES AGREEMENT
This agreement is entered into on the 21 day of
June
2021, by and between the Anna Fire Department (the "Fire Department") and Collin
County, a pocal subdivision of the State of Texas (the "County"j.
RECITALS
1. The County, through the Sheriff's Office, owns and operates communication
facilities used in dispatching its law enforcement and. emergency service personnel.
2. The Fire Department desires to obtain certain dispatch services from
the County. Therefore, under the authority of Texas Government Code, Title 7,
lnterlocal 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 Fire/EMS services
within the Fire Department's jurisdiction and to dispatch the Fire
persotutel in response to such calls.
HOSTING SERVICES. The tens "Hosting Services" means the County will
store the Fire Department's data as it relates to dispatch services.
SECTION 2. TERM
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
may be 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
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3441 The County agrees to provide dispatch services through the Sheriff's
Office to the Fire Department in the same manner and under the same work
schedule as such services are provided in the operation of the County's law enforcement
per•sonnei.
3002 ;f3[osting Services, The County agrees to provide Hosiirrg Services to the
Fire Department and that it will provide 95% uptime availability of the service as covered
herein.
3.43 Scheduled Maintenance: The Fire Depar•trnent hereby
acknowledges that the County may, from time to tune, perfor7rr maintenance service on
the County network, with or without notice to the Fire Department, which may
result in the unavailability of the County network. Emergency maintenance and
maintenance fox• which the County has not given the Fire Department 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 Fire Department 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 Fire Department shall have sole ownership
of the Fire Department's hosted data and the County shall make no claim to ownership
of Fire Department's hosted data.
3.45 Hosted Data Back Up. The County will back up the Fire Department's
hosted data on a daily basis. All data backups will meet Criminal Justice information
Systems (CJ'iS) 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 flee. Upon
request, the County will provide to the Fire Department 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 Fire Department's data and/or verify
data will be provided in accordance with the County's current rates,
3.46 Remate Access Agreement, For each user the City is required to
complete and return Attaclrinent (A), Connection Policy and Agreement Form for
remote access and return to County to the address in 9,02 item (C). hlo 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 goverrzrnental or public
entities as the County, in its sole discretion, sees fit.
SECTION 5. COMPENSATION
5.01 The dispatch service charges for FY2022 are in the amount of $0,
SECTION 6. CIVIL LIABILITY
6.41 Any civil liability relating to the furnishing of services under this
agreement shall be the responsibility of the Fire Department. The parties agree that the
County shall be acting as agent for the Fire Department in performing the services
contemplated by this agreement.
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.02 The Fire Department shall hold the County flee and harxnless from any
obligation, costs, claims, judgments, attorneys fees, attachments, and other such
liabilities arising fiom or growing out of the services rendered to the Fire Department
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 willful misconduct or
culpable negligence of the County, and the County is adjudged to be guilty of willful
misconduct or culpable negligence by a court of competent jurisdiction.
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SECTION 7. AMENDMENT
This agreement shall not be amended or modified other than m a written
agreement signed by the parties.
SECTION 8. CONTROLLING LAW
This agreement shall be deemed to be made under, governed 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 niter 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:
(A} Collin County, to:
Purchasing Deparhnent
2300 Bloomdale #3160
McKinney, Texas 75071
(B) Collin County Administrator, to:
Bill Bilyeu
2300 Bloomdale 44192
McKinney, Texas 75071
(C) rf to the Fire Deparhnent, to:
P�tiv�c.L
(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 speced in a notice
given as provided in this Section 9. In addition, notice of termination of this agreement
by the Fire Department shall be provided by the Fire Department to the County judge of
Collin County as follows;
The Honorable Chris 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, dune, limit or expand the express
provision ofthis agreement.
SECTION 11. COUI>1TERPARTS
This agreement maybe executed in counterparts, each of which, when taken
separately, shall be deemed an original.
SECTION 12. pBLIGATIONS OT CCDNDITION
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 RIGIiT TO ENFORCE THIS AGREEMENT
The County and the Fire Department have the exclusive right to bring
suit to enforce this Agreement, and no party may bring suit, as a third -party beneficiary
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or otherwise, to enforce this agreement,
SECTION � 4. PRIOR AGREEMENTS SUPERSEDED
This agreement consti�itea 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,
SECTION 15. FORCE MAJ�EURE
No party shall be liable or responsible to the other party, nor be deemed to have
defaulted under or breached this Agreement, for any failure or delay in fulfilling or
performing any term of this Agreement, when and to the extent such failure or delay is
caused by or results from acts beyond the affected party's reasonable conhol, including,
without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil
unrest; actions, embargoes or blockades in effect on or after the date of this Agieement;
or national or regional emergency (each of the foregoing, a "Force Majeure Event"}• A
party whose performance is affected by a Farce Majeure Event sha11 give notice to the
other party, stating the period of time the occurrence is expected to continue and shall use
diligent efforts to end the failure or delay and minimize the effects of such Force Majeure
Event,
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IN WITNESS WHEREOF, THE PARTIES IiERETO HAVE EXECUTED THIS
AGREEMENT AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN,
"COUNTY"
COLLTN COUNTY, TEXAS
BY
TITLE;
"FIRE DEPAR'
DATE;��%'�u l
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