HomeMy WebLinkAboutRes 2016-12-257 2017 Dispatch agreementCITY OF ANNA, TEXAS RESOLUTION NO.c£01(o -(J-c13] A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL DISPATCH SERVICES AGREEMENT BETWEEN THE CITY OF ANNA AND COLLIN COUNTY, TEXAS. WHEREAS, the City Council of the City of Anna Texas finds that renewal of the agreement for Dispatch Services with Collin County is vital to support the City of Anna
Police 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:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 1. Approval of lnterlocal Dispatch Services Agreement
The City Council hereby approves the lnterlocal 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.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th
day of December, 2017.
ATTEST:
Resolution No. Sollo-l()·;;t51
ILA Dispatch Services
APPROVED:
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INTERLOCAL DISPATCH SERVICES AGREEMENT This agreement is entered into on the ___ day of ________ _ 2016, 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 Office, 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.
SECTION 2. TERM
2.01 TERM. The term of this agreement shall commence on October 1, 2016 ,
and shall continue in full force and effect through September 30 , 2017.
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
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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 (CHS)
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 .
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3.06 VPN Agreement. For each user the City is required to complete and return Attachment (A), Connection Policy and Agreement Form for the Virtual Private Network (VPN) and return to County to the address in 9.02 item (C). No access will be given to user unless County has received a VPN 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 FY2017 in the amount of $79 ,365.82
shall be paid by the City in quarterly installments of $19 ,841.468 during the term hereof.
This amount is based upon the prior year call volume at the rate of $6.68 per radio
incident.
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 current revenues.
SECTION 6. CIVIL LIABILITY
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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 thi s agreement. 6.02 The City shall hold the County free and harmless from any obligation , costs , claims, judgments , attorney 's 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 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.
SECTION 7. AMENDMENT
This agreement shall not be amended or modified other than in a written
agreement signed by the parties.
SECTIONS. 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 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:
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(A) Collin County, to: Purchasing Department 2300 Bloomdale #3160 McKinney, Texas 75071 (B) If to the City, to: Police Chief P 0 Box 776
Anna TX 75409
(C) Collin County, Virtual Private Network (VPN) 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 termination of this agreement
by the City shall be provided by the City to the County Judge of Collin County as
follows:
SECTION 10.
The Honorable Keith Self
Collin County Judge
Collin County Administration Building
2300 Bloomdale Rd. Suite 4192
McKinney, Texas 75071
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.
SECTION 11. COUNTERPARTS
This agreement may be executed in counterparts, each of which, when taken
separately, shall be deemed an original.
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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 TIDS 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.
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IN WITNESS WHEREOF, THE PARTIES HERETO HA VE EXECUTED THIS AGREEMENT AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. "COUNTY" COLLIN COUNTY, TEXAS BY: ------------TITLE: -----------
DATE: -----------
BY: Kenneth Jenks
TITLE: Assistance City Manager
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