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RES 1532 03/22/2016 try OF C/�0 0 �eXA,s "City of Choice" RESOLUTION NO. 1532 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS AUTHORIZING AN AMENDMENT OF AN INTERLOCAL AGREEMENT FOR DISPATCH SERVICES WITH THE CITY OF SCHERTZ, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, through Resolution 1409 dated September 14,2010, the City Council (the "City Council") of the City of Cibolo (the"City") approved an Interlocal Agreement for Dispatch Services ("Agreement") with the City of Schertz, Texas ("Schertz"), permitting Cibolo to utilize public safety and law enforcement dispatch services of the City; and WHEREAS,on June 23,2015,the City Council approved an amendment to the Agreement to allow additional equipment on Schertz radio towers to improve connectivity; and WHEREAS, it is of benefit to both parties to further expand and clearly define the services and processes agreed to under this Agreement; and WHEREAS, the City of Schertz and the City of Cibolo desire to amend the Agreement on the terms and conditions attached herein in Exhibit A, as it will allow for enhanced public safety response; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the amendment to the Agreement in substantially the form set forth on Exhibit A. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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. PASSED AND ADOPTED, this 22nd day of March, 2016. CITY OF CIBOLO, TEXAS Allen Dunn Mayor ATTEST: .mow:-.�----- Peggy Cimics City Secretary EXHIBIT A SECOND AMENDMENT TO INTER-LOCAL AGREEMENT FOR DISPATCH SERVICES INTERLOCAL CONTRACT FOR DISPATCH SERVICES SECOND AMENDMENT TO INTER-LOCAL AGREEMENT FOR DISPATCH SERVICES THIS SECOND AMENDMENT TO INTER-LOCAL AGREEMENT FOR DISPATCH SERVICES (the "First Amendment") is entered into this _LSt day of f1 2016 ("Effective Date"), by and between the CITY OF SCHERTZ (Schertz) and the CITY OF CIBOLO (Cibolo). RECITALS WHEREAS, the City of Schertz and the City of Cibolo previously entered into an inter-local agreement to provide dispatch services(the"Agreement'); and WHEREAS, it is of benefit to both parties to expand and clearly define the services and processes agreed to under this agreement; and WHEREAS,the City of Schertz and the City of Cibolo desire to amend the Agreement on the terms and conditions contained herein. NOW THEREFORE; the City of Schertz and City of Cibolo covenant and agree that, for the consideration hereinafter expressed, the City of Schertz shall supply the City of Cibolo, and the City of Cibolo shall continue to purchase from the City of Schertz, for the period ending September 30, 2016, the following dispatch services: l ARTICLE I—PUBLIC SAFETY DISPATCH SERVICES A. Dispatch Services: S c h e r t z, through its dispatch center, ("Dispatch Center"), agrees to dispatch Cibolo Police Department and Fire Department, on a twenty-four (24)hour basis, to authorized personnel of the C i b o 1 o Police Department and the C i b o 1 o Fire Department and other public safety resources (such as animal control and public works) generally with regard to emergency and non-emergency incidents, and with communication support and services/systems directly related to the dispatch function("Dispatch Services"). Dispatch Services include but are not limited to the following: dispatching of Cibolo police, fire, and service resources on emergency and non-emergency incidents, tracking and documenting the activity of Schertz personnel providing dispatch services to Cibolo on incidents, providing communication support on incidents, providing routine call information data, access to data,and fire station alerting system. The Dispatch Services including processing of calls, to be made available and provided to Cibolo shall be h equivalent to those Dispatch Services that are provided to the City of Schertz, and any other entity to which services may be provided. B. Dispatch Services Equipment: Schertz shall furnish all capital equipment and facilities necessary to provide the Dispatch Services to Cibolo, including but not limited to all initial base station radio equipment, furniture, consoles and telephone equipment directly related to dispatch functions, and shall routinely maintain such equipment in a reasonable manner. All decisions relating to the Provision, maintenance, upgrading, and replacement of such equipment are and shall remain within the sole discretion of Schertz. However, the parties agree that notice of major capital expenditures which may impact Cibolo shall be provided one hundred eighty (180) days prior to implementation. Cibolo shall provide all equipment necessary to receive the Dispatch Services in the field provided by Schertz, including portable radios, mobile radios, mobile data computers, in-car radio equipment, and any other communications equipment, and shall maintain and replace such equipment in a manner that ensures compatibility with Schertz's provision of Dispatch Services. Ci b o 1 o agrees to update and/or replace all equipment necessary to receive the Dispatch Services provided by S c h e r t z as may be necessary to ensure the provision of Dispatch Services. Cibolo acknowledges that Schertz in the future may incur additional costs in upgrading,repairing, and replacing equipment necessary to provide the Dispatch Services for the benefit of C i b o l o a nd other e n i t i e s. Cibolo and Schertz agree to negotiate, in good faith, their respective responsibility for any such costs for the benefit of Cibolo. Cibolo shall be solely responsible to individually pay for its own user fees for services such as subscriber fees for radio network access or airtime for devices to connect/access data services which are provided. C. Personnel: Schertz shall provide all personnel necessary to provide Dispatch Services to Cibolo. All staffing issues, including the number of dispatchers working at any given time, shall be determined by S c h e r t z. Schertz shall be solely responsible for the management of all Dispatch Center personnel and all personnel-related issues are within the sole management discretion of Schertz. Schertz agreesto conduct an annual analysis of Dispatch Services and to increase the total number of dispatchers employed by Schertz as necessary within its discretion to handle the increased volume of dispatch activity generated as a result of this Agreement. D. Operating Procedures/Operations: Control of operating procedures and operations for the dispatch center shall generally rest within the sole discretion of Schertz. However, Schertz agrees to undertake consultations in advance with Cibolo regarding any proposed material changes in operating procedures or policies, through a joint advisory board composed of two (2) representatives from each contracting community, being the Police and Fire Chiefs of each participating municipality or their respective designees. The board shall be established to meet periodically and make non-binding recommendations to Schertz concerning such operating procedures or policies, including but not limited to review, revisions and recommended changes concerning training standards and requirements; standard operating guidelines, policies and procedures; and purchasing and replacement of technical equipment to enhance operations and public safety. The advisory board will also receive input from the respective Information Technology Departments in regards to network security, access list or other compliance issues such as CJIS as it relates to this agreement. Supervision and management over dispatch personnel shall lie solely with Schertz. Notwithstanding the above, nothing undertaken by Schertz in connection with its operation of the dispatch center shall materially interfere with the standard operating procedures, response protocols, or other internal operations of Dispatch Services provided to Cibolo , r Cibolo and Schertz further agree that if a complaint arises about the services provided, such complaint will be resolved according to the following procedures: 1. The Police or Fire Chief of Cibolo or designee shall file a written complaint with the Police Chief of Schertz. 2. The Police Chief of Schertz or his designee shall investigate the complaint and take corrective action if necessary. The results of that investigation shall be brought to the attention of the individual who initiated the complaint. i 3. If the Police or Fire Chief of Cibolo or the individual who initiated the complaint is not satisfied with the action taken, he may bring the complaint to the attention of the City Manager of Cibolo or his designee. 4. The Police or Fire Chief of Cibolo or his designee shall then raise the complaint with the City Manager of Schertz. 5. The same procedure will be followed if Schertz has a complaint about any Cibolo employee who is a user of the services provided under this agreement. V E. Ownership of Records and Data: All records maintained by Schertz on behalf of Cibolo related to calls dispatched, including electronically stored data, computer aided dispatch ("CAD") data, and audio recordings, shall be owned by Cibolo. Cibolo shall have access to all data and audio recordings specific to Cibolo, but ' maintained by Schertz for use in internal analysis and investigations. s 3 Schertz agrees that as part of the dispatch services being rendered to Cibolo, Schertz will make available the use of the Computer Aided Dispatching System and associated data, including the reporting server, commonly referred to as CAD, and that Cibolo will be a Sub-Agency within the system. Cibolo will be responsible for obtaining and providing the necessary computers capable of operating on this system as well as other infrastructure necessary for accessing the system including CJIS compliance. Schertz agrees that upon obtaining written authorization, Cibolo may place equipment necessary to obtain access to Dispatch services, data and station alerting as contemplated under this agreement upon Schertz radio towers (the "placed equipment"). Cibolo agrees to include Schertz as an additional insured parry in any contract for installing placed equipment or maintenance at a level approved in writing by Schertz. Cibolo shall responsible for the maintenance and repair of the placed equipment. Cibolo shall otherwise be responsible for any damage to Schertz owned property or disruption to service caused by any placement, maintenance or repair of the placed equipment. It is agreed that Cibolo and Schertz will: 1. Contact their respective Information Technology Departments for support. 2. The Information Technology Departments will work together to ensure timely resolution of issues. 3. Maintain equipment installed in or upon their respective facilities including upgrades, repairs and replacements as necessary to ensure the ability to deliver and receive dispatch services. 4. Provide notification at least three (3) days in advance of schedule maintenance or other activities which may cause and outage. Ensure timely notifications are made when emergency or unplanned outages occur. 5. Ensure the security and protection of network resources through the installation and configuration of appropriate security devices and software and to maintain Criminal Justice Information Systems (CJIS) security requirements on all devices connected to the network receiving services. 6. No party will have access to each other's network, except for services which are included in this agreement and to which the user has been granted the appropriate permissions and access. 7. Notify the other party immediately of any network breaches or malicious activities as required by CJIS (Computer Incident Response &Virus Infection) 8. Schertz and Cibolo will assume their own risk for any connectivity of networks and will not assume any liability for the other party for any loss or lack of service which may occur as a result of loss of connectivity due to system failure. 9. Schertz and Cibolo will establish protocols to ensure that dispatch services and emergency response will continue in the event of a loss of network connectivity. 10. In the event of termination of this contract, Schertz will continue to allow Cibolo access to data/media for as long as necessary to ensure compliance with the Texas Open Records Act and Records Retention Requirements and will allow the data to be exported for the future needs of Cibolo. Cibolo will be responsible for any cost of converting and/or cleansing the data contained within the sequel data base to include only data belonging to Cibolo. F. Payment for Dispatch Services: In consideration of Schertz providing the dispatch services enumerated above, Cibolo shall pay to Schertz a sum of $160,000.00 payable in four (4) equal quarterly installments of$40,000.00, upon the receipt of a quarterly invoice, payable on the first day of each fiscal quarter beginning October 1, 2015 for the continued operation of dispatch services. The parties agree to meet directly and/or through the Advisory Board by May 31 st of each calendar year, or such other date as is mutually agreeable, to evaluate the sufficiency of payments for future Dispatch Services and to discuss in good faith any proposed changes whether increases or decreases in user fees based on an operational cost analysis to include evaluation of costs distribution, changes in workloads, equipment replacement, economies of scale and labor costs as well as any costs for connectivity to other agencies to provide services under this agreement.Any costs for additional services will be provided in writing and will be included on the quarterly invoices and payments made as outlined above. In any event, if workload volume directly related to C i b o 1 o increases to a point that additional staffing becomes necessary, Schertz may within its sole discretion, but after consultation with Cibolo, increase quarterly fees, and if announced by July 31 st for the following calendar year. Notwithstanding, the parties further agree that the foregoing quarterly payments shall increase, as necessary, to cover any additional expenses, including wage increases, health insurance increases, and other personnel-related costs, associated with Schertz's cost of employing the additional dispatch personnel necessary to provide Dispatch Services to C i b o 1 o . Schertz shall notify C i b o 1 o, in writing, of any such additional expenses at least n i n e t y (90) days prior to the effective date of any increase in payment F' to Schertz for dispatch services. G. No Obligation to Respond/No Liability: This Agreement is not intended to and shall not be construed to require Schertz to respond beyond the dispatch function to calls or incidents whether of a law enforcement or fire basis, nor to otherwise provide law enforcement services for events that occur in Cibolo. In this regard, Schertz shall have no liability or responsibility for the actions, errors, omissions or negligence of the Cibolo Police or Fire Departments or service personnel in responding to any dispatch calls taken through the Dispatch Center. And Cibolo shall maintain proper levels of insurance in this regard. p Notwithstanding this provision, Schertz may render assistance in accordance with Texas law, any current mutual aid agreements, and/or any current agreements for dispatch services. ARTICLE II—TERM/TERMINATION F This Agreement shall remain in effect for an initial term of one (1) year, but will renew automatically from year to year unless terminated upon six (6) months advance written notice by either party terminating the Agreement, with or without cause for any reason or no reason. ARTICLE IV—PUBLIC RECORDS The parties agree and acknowledge that records created pursuant to this Agreement may be public records under the Texas Public Information Act and agree to coordinate with each other, in a timely manner, on responses to public records requests and with regard to determination of records schedules retention periods and times for destruction. Notwithstanding this provision, the parties agree that nothing in this Article shall be construed as limiting a party from responding to a public records request in accordance with Texas law. Schertz agrees that prior to the release of information it will notify Cibolo in writing of such requests made for records. Cibolo agrees that if an exception exists which limits the release of such information; Cibolo will respond timely and initiate the appropriate legal process to prevent the release of such information. Processes will be established to enable Cibolo to obtain access to its recordings of radio and telephone traffic and any other information contained in the data systems maintained by Schertz related to Dispatch Services provided to Cibolo. ARTICLE VII—MISCELLANEOUS PROVISIONS A. Entire Agreement: This Agreement represents the entire and integrated agreement between Schertz and Cibolo concerning the within subject, and supersedes all prior negotiations,representations or agreements, either written or oral. B. Modification of Contract: It is understood and agreed that this Agreement may not be changed, modified, or altered except by an instrument, in writing, signed by both parties and duly approved and authorized by each party's legislative authority in accordance with the laws of the State of Texas and of each individual party. C. Assignment of Contract: Neither party shall assign, delegate, or subcontract any portion of the Dispatch Services without prior written express approval of the other party. D. Severability: If any provision of this Agreement, or any covenant, obligation or agreement contained here is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect any other provision, covenant, obligation or agreement, each of which shall be construed and enforced as if such invalid or unenforceable provision were not contained herein. Such invalidity or unenforceability shall not affect any valid and enforceable application thereof, and each such provision, covenant, obligation or agreement, shall be deemed to be effective, operative, made, entered into or taken in the manner and to the full extent permitted by law. IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the Lt day of e! 2016. This Second Amendment is executed by as of the date first written above. CITY OF SCHERTZ: By:. �~ Print Name:- 70hh Title: 1CITY OF OF CIBOLO: Print Name: Title: