24-R-57 Amend Interlocal Cooperation Agreement (ILA) with LCRA and City of Schertz-Maintaining Radio CommunicationsRESOLUTION NO. 24-R-57
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE CITY MANAGER TO AMEND THE
CURRENT INTERLOCAL COOPERATION AGREEMENT (ILA)
BETWEEN THE LOWER COLORADO RIVER AUTHORITY ("LCRA')
AND THE CITY OF SCHERTZ TEXAS ("SCHERTZ-1 FOR DEPLOYING
AND MAINTAINING RADIO COMMUNICATIONS FOR PUBLIC SAFETY
OPERATIONS.
WHEREAS, The City of Schertz seeks to work cooperatively with LCRA for
communications equipment, facilities, and technical services required for the installation and
operation of 700MHZ/SOOMHz radio equipment; and
WHEREAS, LCRA is authorized by law to own, operate and maintain electric generation and
transmission facilities for the benefit of its customers and the general public. LCRA's electric system
includes a communications network, including a regional, tmnked radio system, which bas been
installed for LCRA's use along transmission line right-of-way and elsewhere around the State for
purposed of operating the electric system, for public safety, and for community development; and
WHEREAS, Schertz is authorized by law to provide law enforcement, fire protections, and
emergency services for its citizens; and
WHEREAS, the ILA provides for LCRA to assist Schertz with deploying and maintaining
radio communications for public safety operations, response to catastrophic or large-scale incidents or
natural disasters, and radio communications support for local emergency and other public services;
and
WHEREAS, the Schertz and LCRA are authorized to enter into such an arrangement by
Chapter 791 of the Texas Government Code, commonly referred to as the Interlocal Cooperation Act,
and more particularly Section 791.025, Texas Govenmtent Code; and
WHEREAS, the City Council bas determined that it is in the best interest of the City to
amend and extend Interlocal Cooperation Agreement dated July 1, 2012, for deploying and
maintaining radio communications for public safety operations with LCRA, pursuant to the ILA
amendment attached hereto as Exhibit A (the "supporting documentation").
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to amend and extend
the Interlocal Cooperation Agreement with LCRA.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part
of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final passage, and it
is so resolved.
Sr
PASSED ARID ADOPTED, this / day of 11',�(124.
7 AT77T7
1XT
Sheila Edmondson, ity Secretary
EXHIBIT A
AGREEMENT
AMENDMENTTO
INTERLOCAL COOPERATION AGREEMENT
FOR MOBILE RADIO SERVICES AND EQUIPMENT
BETWEEN CITY OF SCHERTZ
AND LOWER COLORADO RIVER AUTHORITY
This Amendment to Intedocal Cooperation Agreement (this "Amendment") is entered into
by and between the Lower Colorado River Authority ("LCRA"), a conservation and reclamation
district of the Stale of Texas created pursuant to Article XVI, Section 59, of the Texas Constitution,
and the City of Schertz, Texas ("USER'), a home rule municipality and a political subdivision of
the State of Texas, as of April 29, 2024. LCRA and USER may also be referred to herein
individually as a "EjEW and collectively as the "Parties."
RECITALS:
A. LCRA and USER have heretofore entered into that certain Interlocal Cooperation
Agreement dated as of July 1, 2012 (the "Aareement'), pursuant to which LCRA agreed to
provide communications equipment, facilities, and technical services required for the installation
and operation, of 7001800 MHz radio equipment to assist USER with deploying and maintaining
radio communications for public safety operations, response to catastrophic or large scale
incidents or natural disasters, and radio communications coordination support for local emergency
and other public services. Capitalized terms used but not otherwise defined herein shall have the
respective meanings given to them in the Agreement.
B. LCRA and USER desire to extend the term of the Agreement pursuant to the terms
of this Amendment.
AGREEMENT:
NOW THEREFORE, in consideration of the mutual benefits received by both Parties
under the terms of the Agreement and this Amendment and for other goad and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree
as follows:
A new Section 7.4 of the Agreement is hereby added:
"7.4 The extended term of this Agreement shall commence on June 1, 2024 and
shall terminate on May 31, 2027 (the "Extended Term'.), unless automatically further
extended as provided below. This Agreement shall automatically extend past the
Extended Term under the terms and conditions, rates, and charges then in effect for
successive one (1) year periods provided that either Party may terminate this Agreement
by giving to the other Party written notice at least thirty (30) days prior to the end of any
one (1) year extension; and, provided further, that this Agreement shall terminate
automatically if the frequency authonzation(s) (which may be held by LCRA) under which
USER then presently operates is (are) terminated or are revoked by the FCC or
otherwise."
2. Except as is expressly established and amended by this Amendment, all other
terms and provisions of the Agreement shall remain in full force and effect.
3. This Amendment may be executed in any number of counterparts and each such
counterpart hereof shall be deemed to be an original, but all such counterparts taken together
shall constitute but one agreement. In the event that any signature is delivered by facsimile
transmission or by email delivery of a ".pdf' format data file, such signature shall create a valid a
binding obligation of the party executing (or on whose behalf such signature is executed) with the
same force and effect as if such facsimile or ".pdf' signature page were an original thereof.
The Parties have caused their authorized officers or representatives to execute this
Amendment as of the date first set forth above.
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LOWER�LO�DO RIVER AUTHORITY �t'
By:
Name: %k A aOerre %
Title: Vies P✓' "di tP-V"-Wri.Jr✓a(+j7 t-
CITY OF SCHER3Z.1EXAS
By: Steveyygtla.
Name: OW Mega
Title: City Manaaer — City of Scheriz
ATTACHMENT A
(LCRA Interlocal Cooperation Agreement Signed June 1, 2012)
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF SCHERTZ
AND THE LOWER COLORADO RIVER AUTHORITY
This Intedocal Cooperation Agreement ("AareemenY') is entered into by and
between, as Parties, the Lower Colorado River Authority ("LCRA"), a local government,
being a conservation and reclamation district of the State of Texas created pursuant to
Article XVI; Section 59, of the Texas Constitution, and the City of Schertz, Texas
("Schertz"), a Home Rule municipality and a political subdivision of the State of Texas,
pursuant to the authority granted and in compliance with the provisions of the Texas
Interlocal Cooperation Act (Chapter 791, Texas Government Code) to be effective for all
purposes as of June 1, 2012 (the "Effective Date").
RECITALS
LCRA is authorized by law to own, operate and maintain electric generation and
transmission facilities for the benefit of its customers and the general public. LCRA's
electric system includes a communications network, including a regional, trunked radio
system (the "Trunked Radio System"), which has been installed for LCRA's use along
transmission line rights -of -way and elsewhere around the State for purposes of
operating the electric system, for public safety, and for community development.
LCRA is authorized by law to license peace officers for the protection of property
and the general public and the enforcement of state law and LCRA's rules and
regulations. LCRA holds certain frequency licenses from the Federal Communications
Commission for operation of the Trunked Radio System, which has the capability to
provide Interconnectivity, and a key communications link between public safety entities
throughout the central Texas region.
Schanz is authorized by law to provide law enforcement, fire protection, and
emergency services for its citizens.
Schertz wishes to acquire and LCRA wishes to provide communications
equipment, facilities, and technical services required for the installation and operation of
800MHz radio equipment, as more specifically set out herein, to assist Schertz with
deploying and maintaining radio communications for public safety operations, response
to catastrophic or large-scale incidents or natural disasters, and radio communications
support for local emergency and other public services.
The Parties are authorized to enter into such an arrangement by Chapter 791 of
the Texas Government Code, commonly referred to as the Interiocal Cooperation Act,
and more particularly Section 791.025, Texas Government Code.
Intenocal Agreement Between Schanz and LCRA Page 1
AGREEMENT
In consideration of the mutual benefits received by both Parties and the public
under the purpose, terms, rights, and duties of the contracting Parties as stated in this
Agreement, the receipt of which is hereby acknowledged, the Parties agree as follows
Scone of Project
1.1 LCRA will provide Schertz with programmed radios and equipment
necessary to operate on the 800 MHz radio system operated by the City of Live Oak
and which will be interoperable with LCRA's Trunked Radio System. Schertz shall
purchase from LCRA the radios, control stations, and other accessories listed on the
schedule attached hereto as Attachment A and are collectively referred to herein as
the "Equipment".
1.2 Schertz will acquire independently from the City of live Oak, or other radio
frequency providers, licenses for the use of radio frequencies for daily operations.
1.3 If Scherlz requests that LCRA maintain any radios or accessories after the
applicable warranty period, LCRA shall charge its then current labor fees similar to
those listed In Attachment B, which charges may change from time to time.
1.4 LCRA shall not own any of the 800 MHz radio frequencies or licenses used
by Schertz, and LCRA shall not operate any of the Equipment as a common carrier.
Radios and base station units shall be purchased and owned by Schertz for use in
providing emergency services and public safety functions.
1.5 Schertz must obtain a separate, written approval prior to LCRA programming
radios for interoperability or use in daily operations for use by any agencies other than
Schanz.
2. Services to be Provided.
2.1. After installation of the Equipment, LCRA will maintain the Equipment on
site but only any Equipment covered by the manufacturers warranty during the warranty
period. Excluded from this scope of services are repairs to any of the Equipment that:
1. is not under a manufacturer's warranty during the warranty period;
2. Is unrelated to Schertz's contractual use of the Equipment;
3. are facilities owned by Schertz, other than the Equipment provided by LCRA.
4. any Equipment damaged by fire, lightning, water damage, acts of war or
insurrection, abuse, misuse, or acts of God.
Interlocal Agreement Between Schertz and LCRA Page 2
2.2. LCRA shall perform the services in a good and workmanlike manner and in
a manner consistent with the highest customs, standards, and practices prevailing In the
industry. LCRA represents that it holds or will hold all permits and licenses necessary
or required for the performance of the services and installation of the equipment. LCRA
agrees to comply with all laws and regulations applicable to the services it has agreed
to perform under this Agreement. LCRA shall have the right to contract or subcontract
engineering and professional services, construction work, testing, repair, and technical
services, under the supervision of LCRA when providing the services under this
Agreement.
2.3. LCRA will provide the services described in this Agreement on a cost
recovery basis only. LCRA will not expand, upgrade, or replace the Equipment unless
LCRA determines that there will be a basis for recovering its costs, which may require
further cash reimbursement.
3. Compensation.
3.1. Schertz agrees to compensate LCRA in accordance with the terms of this
Agreement for the Equipment and for the services LCRA provides pursuant to this
Agreement at the stated fees or rates. Any Equipment purchased under this Agreement
will be provided free and clear of all liens.
3.2. LCRA shall bill Schertz for the goods and services provided by LCRA.
Invoices will be itemized as to the number of radios actually used and shall be paid by
Schanz to LCRA within sixty (60) days after the date of an Invoice. Overdue invoices
shall incur interest at 1.5% per month until paid.
3.3 Schertz shall pay LCRA for any additional radios and accessories ordered by
Schertz at the then current cost charged by LCRA.
3.4 Any additional labor not covered by other provisions of this Agreement shall
be billed and paid at the then current rates charged by LCRA. The current rates for
labor charges as of the Effective Date are listed on the attached Attachment B.
3.5 Each party to this Agreement paying for the performance of governmental
functions or services must make those payments from current revenues available to the
paying party.
4. Site Access
4.1. LCRA and its contractors providing services under this Agreement shall
have nonexclusive ingress and egress rights to the Equipment at all times for
construction, installation, operation, inspection, maintenance, repair, and removal of the
Equipment. No other permit, ordinance, or franchise shall be required by Schertz for
LCRA's access and installation of the Equipment.
Interlocal Agreement Between Schertz and LCRA Page 3
5. SurvivabillfvofActions
5.1. The Parties' obligations pursuant to this Agreement shall survive termination
of this Agreement with respect to any act, occurrence, or omission occurring prior to
termination of this Agreement
6. Conseauential. Incidental Damages and Liabilitv.
6.1. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER ANY PROVISION OF
THIS AGREEMENT FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR REVENUE,
LOSS OF THE USE OF EQUIPMENT, COST OF CAPITAL, COST OF TEMPORARY
EQUIPMENT OR SERVICES, WHETHER BASED IN WHOLE OR IN PART IN
CONTRACT, IN TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANY
OTHER THEORY OF LIABILITY; PROVIDED, HOWEVER, THAT DAMAGES FOR
WHICH A PARTY MAY BE LIABLE TO THE OTHER PARTY UNDER ANY OTHER
AGREEMENT BETWEEN THE PARTIES WILL NOT BE CONSIDERED TO BE
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
HEREUNDER.
6.2
The Parties agree to be responsible for their own acts and sole negligence for
any and all claims, demands, costs or expenses for loss, damage or injury to persons or
property in any manner directly or indirectly connected with or growing out of each
Party's respective activities under this Agreement committed by its agents, servants,
contractors or employees.
Term.
7.1. Initial Tenn: The Agreement shall begin June 1, 2012 and shall terminate
May 31, 2015, unless terminated earlier in accordance with the provisions of this
Agreement.
7.2. Renewal Terms: This Agreement will be automatically renewed for 3 — 3
year renewals periods unless a party gives the other party at least 30 days notice of
non -renewal prior to the end of the then existing initial or renewal term.
7.3. Termination: Either Party may terminate this Agreement upon thirty (30)
days prior written notice of the Party's intent to terminate sent to the other Party. If the
Agreement is terminated under this section, each Party shall take all reasonable
measures to mitigate any further costs to the other Party. In accordance with the
section of this Agreement entitled "Compensation;' Schertz shall compensate LCRA for
any goods provided and all services performed for Schertz pursuant to this Agreement
through and Including the date on which the termination becomes effective.
Intedocal Agreement Between Schertz and LCRA Page 4
8. Notices
8.1. Correspondence, notices, and invoices shall be in writing and mailed to the
Parties' representatives set forth below. If a Party changes the designated recipient of
notices, written notification of the change shall be provided to the other Party. All
notices shall be effective upon receipt and shall be deemed to be received when actually
delivered by hand delivery, facsimile transmission, or overnight courier, or two days after
deposit in a regularly maintained receptacle of the United States Mail, registered or
certified. return receipt request, postage prepaid, addressed as follows:
Xa;7_1
P.O. Box 220
Austin, Texas 78767-0220
Phone: (512) 473-3200
Fax* (512) 356-6047
Schantz:
John Kassel
City Manager
1400 Schertz Parkway
Schertz, Texas 78154
Phone: (210) 619-1000
Fax: (210) 619-1009
9. Authority.
9.1. The Parties certify that (1) the services described herein and to be provided
under this Agreement are necessary and essential for activities that are properly within
the Parties' statutory functions; (2) the proposed arrangements serve the interests of
efficient and economical administration of the Parties' authorized functions, and (3) the
services, supplies, or materials contracted for are not required by Article XVI, Section 21
of the Texas Constitution to be supplied under contract given to the lowest responsible
bidder.
9.2. Schertz further certifies that it has the authority to contract for the services
described herein by authority granted in Chapter 791, Texas Government Code.
9.3. LCRA further certifies that It has authority to perform the services contracted
for by authority granted in the LCRA Act and Chapters 49 and 152 of the Texas Water
Code.
Intenocal Agreement Between Schertz and LCRA Page 5
10. Miscellaneous.
10.1. If either party fails to perform in accordance with the terms and conditions
of this Agreement, the party claiming injury from the alleged default shall give the
allegedly defaulting party thirty (30) days' written notice to cure such default. In the
event the default Is not cured within such 30-day pedod, the party claiming injury may
terminate this Agreement.
10.2. Whenever the context of this Agreement requires, the masculine, feminine,
or neuter gender and the singular of plural number shall each be deemed to include the
others. Any portion of this Agreement held by a court of competent jurisdiction to be
invalid, illegal, or Ineffective shall not impair, invalidate, or nullify the remainder of this
Agreement, which shall remain in full force and effect in accordance with the original
intent of the Parties, but the effect thereof shall be confined to the clause, sentence,
provision, paragraph, or article so held to be invalid, illegal, or Ineffective.
10.3. This is the complete and entire Agreement between the parties with
respect to the matters herein and supersedes all prior negotiations, agreements,
representations, and understandings, If any, but does not amend or modify any other
existing agreements on other matters. This Agreement may not be modified,
discharged, or changed in any respect whatsoever except by a further agreement in
writing duly executed by the parties hereto. No official, representative, or employee of
either party has any authority to modify this Agreement, except pursuant to such
express authority as may be granted by the governing body of the Party.
10.4. Nothing in this Agreement, express or Implied, is intended to confer upon
any person, other than the Parities hereto, any benefits, rights, or remedies under or by
reason of this Agreement. It is expressly understood and agreed that in the execution
of this Agreement, no Party waives, nor shall be deemed to waive, any immunity or
defense otherwise available to it against any claims by third parties.
10.5. It is understood and agreed that, under the terms of this Agreement and in
providing the services, LCRA personnel are not employees of Schertz for any purpose.
This Agreement does not create any partnership, employee, fiduciary, insurance, or
agency relationship between the Parties or any of their agents, employees, volunteers,
or officers. No Party to this Agreement will be responsible for the acts of the other Party
or any agent or officer of the other Party by virtue of this Agreement, except as may be
decreed against that Party by a judgment of a court of competent jurisdiction.
10.6. Nothing in this Agreement is intended to waive any immunity from suit or
liability to which a Party may be entitled by law, except for those acts and liability
specifically waived by statute.
10.7. Neither Party shall be liable for delays, nonperformance, damage or losses
due to causes beyond Its reasonable control, including but not limited to action of the
elements, severe weather, fires, floods, sabotage, government or regulatory action
Intenocal Agreement Between Schertz and LCRA Page 6
including withholding of approvals, strikes, embargoes, or delays beyond the control of
vendors or contractors.
10.0. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas. Jurisdiction and venue for any litigation between the
Parties shall be exclusively in the state courts located in Guadalupe County, Texas.
10.9. This Agreement and its attachments may be signed in several
counterparts, each of which shall be an original for all purposes but all of which taken
together shall constitute a single agreement. Headings used in this Agreement are for
convenience and shall not control the meaning or interpretation of this Agreement.
10.10. The Parties agree to conduct periodic reviews at the request of either
Party to coordinate operations and related administrative or management activities with
regard to the services provided in this Agreement. The Parties may ban equipment to
each other in furtherance of this Agreement, but any such equipment shall remain the
property of the loaning Party and must be returned after requested within a reasonable
period of time to ensure non -interruption of official duties and services.
10.11. This Agreement is binding on and shall inure to the benefit of the Parties
and their successors and assigns; provided, however, neither Party shall assign this
Agreement without written consent from the other.
1 D.12. By executing this Agreement, the individuals signing below acknowledge
and warrant they are duly authorized and are acting with full authority to bind their
respective Parties and their respective governing board or council to these terms and
conditions.
Interlocal Agreement Between Schanz and LCRA Page 7
LOWER COLORADO RIVER AUTHORITY
Datel P012
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CITY OF SCHERTZ, TEXAS
B : Date:*2L , 2012
hn Kes �TT�TTTT
City Manager— Schanz
Interlecal Agreement Between Schertz and LCRA Page 8