Item 4J
M E M O R A N D U M
December 29, 2009
TO: Shana Yelverton, City Manager
FROM: Robert Finn, Chief of Police
Approval of an Interlocal Agreement between the NETCO member
SUBJECT:
cities and the City of Arlington, TX for combining resources
related to their public radio systems to meet Project 25 operating
standards
Action Requested:
Recommendation to City Council to approve an Interlocal
Agreement between the NETCO member cities and the
City of Arlington, TX for combining resources related to
their public radio systems to meet Project 25 operating
standards.
Background
Information:
In April, 2003, the City of Southlake became the sixth
member city of the Northeast Tarrant County Radio
Consortium (NETCO); joining the cities of Bedford,
Colleyville, Keller, Euless, and Grapevine to share the
operation of an 800mhz trunked radio system.
The City of Arlington, TX also owns a trunked radio
system and desires to combine their radio system and
assets to construct a regional digital public safety radio
system that meets Project 25 operating standards (P25
System).
The construction and operation of the P25 System will be
a multi-year process requiring federal, state, and local
funding. By joining together NETCO member cities and
the City of Arlington believe federal funding will be
expedited, providing NETCO and Arlington access to the
resources required for the planning and launch of the
P25 System.
NETCO and Arlington have engaged the law firm of
Holland & Knight, LLP, (the "Firm") to provide legal
services in support of reconfiguring their respective public
safety radio systems. The Firm has substantial
experience in obtaining federal funding to assist localities
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Shana Yelverton
Approval of Interlocal Agreement
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in implementing public works projects such as the P25
system.
The cost of the Firm's legal services shall be $96,000, to
be paid over a one year period on a quarterly basis
pursuant to a letter of engagement with the Firm.
NETCO Members and Arlington shall divide the cost of
the Firm's fees among themselves equally, each paying
1/7 of the Firm’s fees. The amount of federal funding
sought shall be determined in collaboration with NETCO
and Arlington, and shall be the maximum feasible based
on the federal government's budget for the applicable
fiscal year.
Funding received through the efforts of the Firm will be
used SOLELY for the development, deployment, and
support of the P25 system.
Financial
Considerations:
$16,000 was included in the FY 2010 budget to pay our
portion of the legal services.
Financial Impact:
The passage of this Interlocal Agreement reduces our
share of the legal services to $13,715.
Citizen Input/
Board Review:
There has been no citizen input. This Interlocal
agreement is not subject to Board Review.
This Interlocal Agreement has been passed by the other
member Cities of NETCO at recent Council meetings.
Legal Review:
This Interlocal Agreement was modeled after the
standard Interlocal Agreements and reviewed by the City
Attorney of the City of Euless as agreed upon by the
NETCO Board.
Alternatives:
Alternatives may include the following:
Council recommendation for approval the proposed
Interlocal Agreement as submitted.
Council recommendation for approval of the proposed
Interlocal Agreement with input as desired, noting that
any input would require approval from the other
member cities.
Council recommendation not to approve the proposed
Interlocal Agreement.
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Approval of Interlocal Agreement
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Supporting
Documents:
Supporting documents include the following items:
Proposed Interlocal Agreement.
Staff
Recommendation:
Staff recommendation to City Council is to approve the
Interlocal Agreement between the NETCO member cities
and the City of Arlington, TX.
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Approval of Interlocal Agreement
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INTERLOCAL AGREEMENT
BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE,
KELLER, AND SOUTHLAKE
(Northeast Tarrant County Radio Consortium – NETCO) AND
CITY OF ARLINGTON, TEXAS
THIS AGREEMENT is made this the _____ day of _________,2010, by and between the
CITIES OF BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE, KELLER, AND SOUTHLAKE, all
being home-rule municipalities, all located, at least in part, in Tarrant County, Texas and members of
the Northeast Tarrant County Radio Consortium (hereinafter collectively know as the “NETCO”), and
the CITY of ARLINGTON, a Texas home-rule municipality (hereinafter known as "Arlington").
WHEREAS, in July, 1994 the cities of Bedford and Colleyville entered into an
interlocal agreement to construct and operate the initial 800 Mhz trunked radio system in
Northeast Tarrant County and constructed The Trunked System with an antenna site located
in Colleyville, with the intent of offering membership to other agencies; and
WHEREAS, in November, 1994 the City of Keller adopted the interlocal agreement
to become the third member of NETCO; and
WHEREAS, in February, 1996 the City of Euless adopted the interlocal agreement to
become the fourth member of NETCO; and
WHEREAS, in March, 2000, the City of Grapevine adopted the interlocal agreement
to become the fifth member of NETCO; and
WHEREAS, in April 2003, the City of Southlake adopted the interlocal agreement to
become the sixth member of NETCO; and
WHEREAS, Arlington owns and operates an 800 MHz trunked radio system;
WHEREAS, NETCO and Arlington support the concept of combining resources,
including but not limited to licensed 700/800 MHz channels, public safety communications
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Approval of Interlocal Agreement
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transmitter sites and network equipment, to construct a regional digital public safety radio
system that meets the Project 25 operating standards (the "P25 System");
WHEREAS, accomplishing the P25 System undertaking will be a multi-year process
requiring funding from federal, state and local sources;
WHEREAS, expediting federal funding will provide NETCO and Arlington with
access to the substantial resources needed to undertake planning and launch of the P25
System undertaking;
and
WHEREAS, Chapter 791 of the Texas Government Code provides for interlocal
agreements for governmental functions such as contemplated by this Agreement,
NOW, THEREFORE, upon the mutual covenants, conditions, and promises contained
herein, NETCO and Arlington hereby agree as follows:
Section 1
Interlocal Agreement
1.0 This Agreement is entered into and shall be construed pursuant to Chapter 791
of the Texas Government Code, the Texas Interlocal Cooperation Act.
Section 2
System Formation and Implementation
2.0 Formation of the P25 System is a complex undertaking requiring detailed
cooperation and coordination between NETCO and Arlington. Details of forming, governing
and implementing the P25 System undertaking will be addressed in a separate inter-local
agreement.
Section 3
Federal Funding
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Approval of Interlocal Agreement
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3.0 NETCO and Arlington have engaged the law firm of Holland & Knight, LLP, (the
"Firm") to provide legal services in support of reconfiguring their respective public safety radio
systems. The Firm has substantial experience in obtaining federal funding to assist localities in
implementing public works projects such as the P25 system.
3.1 NETCO and Arlington will engage the Firm for a period of one year, starting in
October of 2009, to seek federal funding in support of the P25 System undertaking with an option to
renew that engagement for future fiscal years.
3.2 The cost of the Firm's legal services shall be $96,000, to be paid over a one year
period on a quarterly basis pursuant to a letter of engagement with the Firm. NETCO Members and
Arlington shall divide the cost of the Firm's fees among themselves equally, each paying 1/7 of the
Firm’s fees.
3.3 The amount of federal funding sought shall be determined in collaboration with
NETCO and Arlington, and shall be the maximum feasible based on the federal government's budget
for the applicable fiscal year.
Section 4
Addition of Jurisdictions
4.0 From time to time, other jurisdictions may wish to join the P25 undertaking, thereby
promoting regional expansion of the public safety communication system. A governmental entity may
join the P25 undertaking by executing an amendment to this agreement, with the understanding that if
the volume of additional jurisdictions extends beyond the jurisdictions wholly located in Tarrant
County, it will be necessary to increase the level of federal funding sought, and Holland & Knight's
annual fees will therefore increase proportionately. For example, if the City of Fort Worth elects to
join the P25 undertaking, Holland & Knight's annual fees will increase by $40,000. All members of
the P25 undertaking, including those governmental entities subsequently joining the undertaking, will
pay their equal share of Holland & Knight's annual fee. Any governmental entity that decides to join
the P25 undertaking must, as a condition of membership, agree to pay its equal share of payments to
Holland & Knight made from the inception of the P25 undertaking.
Section 5
Disbursement of Funds
5.0 Funding received through the efforts of the Firm will be used SOLELY for the
development, deployment, and support of the P25 system.
5.1 Nothing herein shall prevent NETCO and Arlington from agreeing to “pool” the funds
acquired through this agreement for the procurement and construction of shared portion of the P25
system. In fact, priority shall be given to the development, deployment, and support of the shared
portion of the P25 system with the funds acquired through the efforts of the Firm.
5.2 Funding received through the efforts of the Firm will be disbursed based on the
number of radios with system IDs each signatory operates on their system. Funding received by any
other means is not subject to this agreement.
5.3 For the purpose of the disbursement, the number of radios for each signatory shall be
“frozen” at the number of radios on the date this document is effective.
5.4 Disbursements will be calculated on the percent of total radios each signatory owns
and is subject to this agreement. As an example, if the City of Colleyville has 5.42% of the radios
subject to this agreement, they would then be entitled to 5.42% of the funds acquired through this
agreement.
Section 6
Indemnity
6.0 To the extent allowed by law, NETCO and Arlington agrees to defend and hold
harmless every other, its officials, agents, officers and employees in both their public and private
capacities, from and against any and all claims, suits, demands, losses, damages, causes of action,
and liability of every kind, including all expenses of litigation or settlement, including but not limited to
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court costs and attorney’s fees, which may arise due to any death or injury to any person, or the loss
of, damages to, or loss of use of any property arising out of or occurring as a consequence of the
performance of this Agreement, whether such injuries, death, or damages are caused by the sole
negligence or the joint negligence of any Member, its officials, agents, officers and employees.
Section 7
Non-Waiver of Immunity
7.0 It is expressly understood and agreed that, in the execution of this Agreement,
neither NETCO nor Arlington waives nor shall it be deemed to have waived, any immunity or defense
that would otherwise be available to it against any claims arising in exercise of its governmental
powers or functions.
7.1 In the event that any person, elected official, employee, or agent of either NETCO or
Arlington, performing services pursuant to this Agreement be cited as a party to a state or federal civil
lawsuit arising out of the performance of those services, that person, elected official, employee, or
agent of NETCO or Arlington shall be entitled to the same defenses that he or she would be entitled
to receive as if such civil action and arisen out of the performance of his or her duties as an employee
NETCO or Arlington which appointed them or where he or she is regularly employed and in the
regular jurisdiction of NETCO or Arlington by which that person is regularly employed.
Section 8
Miscellaneous
8.0 NETCO and Arlington agree that if legal action is brought under this Agreement,
exclusive venue shall lie in Tarrant County and the contract shall be governed by the laws of the
State of Texas.
8.1 In case any one or more of the terms, sentences, paragraphs or provisions contained
in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or un-enforceability shall not affect any other term, sentence, paragraph or
provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision and never been contained herein.
8.2 This Agreement may be amended or modified only by the mutual agreement of
NETCO and Arlington hereto in writing, such amendment or modification being attached to and
incorporated herein.
8.3 This Agreement may be signed in multiple counterparts and shall be binding on
NETCO and Arlington hereto when duly authorized by the governing body of each Member and its
duly authorized representative.
8.4 This Agreement contains all of the commitments and agreements of the NETCO and
Arlington hereto.
8.5 All notices required to be given herein shall be directed to the Manager of the
NETCO member involved and Arlington.
8.6 All payments and expenses made by any NETCO Member or Arlington hereto shall
be made from the current revenues of the Member or Arlington.
APPROVED BY THE CITY COUNCIL OF THE CITY OF BEDFORD, TEXAS:
________________________
By: _________________
Date: ________________
APPROVED AS TO FORM: ATTEST: __________________
___________________
CITY ATTORNEY
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Approval of Interlocal Agreement
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APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS:
________________________
By: _________________
Date: ________________
APPROVED AS TO FORM: ATTEST: __________________
___________________
CITY ATTORNEY
APPROVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS:
________________________
By: _________________
Date: ________________
APPROVED AS TO FORM: ATTEST: __________________
___________________
CITY ATTORNEY
APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS:
________________________
By: _________________
Date: ________________
APPROVED AS TO FORM: ATTEST: __________________
___________________
CITY ATTORNEY
APPROVED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS:
________________________
By: _________________
Date: ________________
APPROVED AS TO FORM: ATTEST: __________________
___________________
CITY ATTORNEY
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Approval of Interlocal Agreement
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APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS:
________________________
By: _________________
Date: ________________
APPROVED AS TO FORM: ATTEST: __________________
___________________
CITY ATTORNEY
APPROVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS:
________________________
By: _________________
Date: ________________
APPROVED AS TO FORM: ATTEST: __________________
___________________
CITY ATTORNEY
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