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Res 015-2019 Wireless Tower Interlocal with County 2/5/2019 Resolution No. 15-2019 Resolution authorizing an inter-local agreement between the City of Wichita Falls, Texas and Wichita County, Texas for the location of the Counties radio communications equipment on the newly constructed communications tower located at 517 Denver Street and the use of existing radio facility WHEREAS, Wichita County, Texas, desires to place its radio equipment inside the City-owned and maintained radio facility, as well as place communication equipment on the newly constructed 180-foot free standing tower at 517 Denver Street; and, WHEREAS, in exchange, Wichita County, Texas will make a one-time payment of $55,000 and execute an interlocal agreement; and, WHEREAS, the City Council of the City of Wichita Falls, Texas, hereby approves of said request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The interlocal agreement between the City of Wichita Falls and Wichita County is hereby approved, authorizing the placement of Wicradio communications equipment on the newly constructed communications tower located at 517 Denver Street, use of the existing radio facility. th PASSED AND APPROVED this the 5 day of February, 2019. ______________________________ M A Y O R ATTEST: ____________________ City Clerk IA NTERLOCAL GREEMENT STATE OF TEXAS § COUNTY OF WICHITA § Under the authority of T.G.C Chapter 791, this IA is EX OVT ODENTERLOCAL GREEMENT made and entered into by and between the CWF,T,located in Wichita ITY OF ICHITA ALLS EXAS WC(hereinafter called the ICHITA OUNTY W I T N E S S E T H: W, the City and the County desire to enter into an agreement regarding the HEREAS placement of radio equipment for the purposes of emergency services on City property, and W, the City currently has space available for the placement of radio equipment HEREAS inside its radio shack, and W , the City is planning to build a new freestanding radio tower, hereinafter HEREAS W, the County would like to use the space made available by City in both the radio HEREAS shack and tower. N,T, the parties agree as follows: OW HEREFORE 1. TOA.March 1, 2019 This Agreement will commence on and ERM F GREEMENT shall continue for a period of 10 years. If County shall hold over after the expiration of the term, this Agreement will continue on a year-to-year basis pursuant to all terms, covenants, and conditions of this Agreement. 2. U. City agrees to allow County to place its radio equipment inside the City- SE owned and maintained radio shack at 517 Denver Street, Wichita Falls, Texas 76301. The City will maintain the facility with both technical servicing and the use of a back-up generator. Further, the City agrees to allow the County to place two radio dishes on the new tower to be built by the City at a later date to use in conjunction with the County radio equipment. 3. F. County shall pay a one-time fee of $55,000.00 for the space in the City-owned EE and maintained radio shack and for the placement of communication equipment on the new tower. 4. T. City and County may terminate this Agreement at any time and ERMINATION for any reason by tendering to the other party a 180-day written notice of termination. 5. MA. Cityagrees to maintain radio facility in good AINTENANCE AND CCESS working order for the duration of this Agreement. County agrees that City shall maintain controlled access to the radio equipment and County shall hours or contact 911 dispatch for afterhours access to the radio shack. 6.PC . The following points of contact will be used by the parties OINTS OF ONTACT to communicate the implementation of this Agreement. Each party may change its Point of Contact (POC) upon reasonable notice to the other party. POC for City: 6. POINTS OF CONTACT. The following points of contact will be used by the parties to communicate the implementation of this Agreement. Each party may change its Point of Contact(POC) upon reasonable notice to the other party. POC for City: Blake Jurecek Director of Information Technology and Facilities 940-761-7425 Blake.Jurecek@wichitafallstx.gov POC for County: Lee Bourgoin Wichita County Emergency/Management Coordinator 940-763-0820 Lee.bourgoin@co.wichita.tx.us 8. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties hereto relative to the subject matter hereof. No amendment, alteration, modification of, or addition to the Agreement will be valid or binding unless expressed in writing and signed by both parties. 9. SEVERABILITY. If any provision of this Agreement proves to be illegal, invalid or unenforceable, the remainder of this Agreement will not be affected by such finding, and in lieu of each provision of this Agreement that is illegal, invalid or unenforceable, a provision will be added as a part of this Agreement as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 10. CAPTIONS. The captions of the various articles and sections of this Agreement are for convenience only and do not necessarily define, limit, describe or construe the contents of such articles or sections. 11. FORCE MAJEURE. Notwithstanding any provision of this Agreement to the contrary, neither City nor County shall have any liability to the other for a failure of performance resulting from any cause beyond its control. CIT WICHITA LS WICHITA COUNTY By: I By: Darron flier/ \' Woody Gossom 1 1 anagV County Judge Approved as to form: Cit y PAGE 4 OF 4 PAGES AGENDA ITEM NO. 7.H .r • Addendum A Equipment 1. All equipment will be removed by Alpha-Omega from the water tower under their contract with the City. 2. Alpha-Omega will move and re-install the County micro-wave dishes under their contract with the City. 3. Alpha-Omega, at County expense, will get the FCC licenses modified for the new location. 4. Alpha-Omega will hang the following under their contract with the City on the new tower: a. One new VHF antenna with coax supplied by Motorola. b. One new UHF antenna supplied by Mobile Phone of Texas at County expense will be installed with 1 5/8 inch coax furnished by Alpha- Omega. 5. Mobile Phone of Texas will relocate all County equipment from one shelter to another at County expense.