HomeMy WebLinkAbout033781 RES - 10/21/2025RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENTS FOR
PARTICIPATION IN THE COASTAL BEND PUBLIC SAFETY RADIO SYSTEM
WHEREAS, the Coastal Bend Public Safety Radio Coalition (the "Coalition") consists of
the following members: Brooks County, City of Corpus Christi, City of Kingsville, City of Port
Aransas, City of Portland, and San Patricio County;
WHEREAS, the Coalition operates the Coastal Bend Public Safety Radio System ("Radio
System") to provide uniform voice radio coverage and interoperability among the public safety
agencies and entities operating in the Coastal Bend Region of the State of Texas ("Coastal Bend
Region");
WHEREAS, the City of Corpus Christi ("City") is the regional core controller and
administrator enabling the interoperability for the Coalition;
WHEREAS, several identified entities have expressed interest in participating in the
Coastal Bend Public Safety Radio System;
Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas
that:
Section 1. The City Manager or his designee, the Director of Information Technology, is
authorized to execute the Interlocal Radio System Agreement for Participation in the Coastal
Bend Regional Interoperability Network, in substantially the form attached as Exhibit A to this
Resolution, with each outside agency listed on Exhibit B and each local outside agency listed
on Exhibit C, and with any additional future agencies approved by the Director of Information
Technology. The City Manager or his designee, the Director of Information Technology, is
authorized to approve non -substantive changes to the form agreement. A copy of each fully
executed agreement will be filed of record with the City Secretary's office.
PASSED AND APPROVED on the ar-Yr day of O
aulette Guajardo, or
, 2025.
ATTE T:
cca Huerta, it Secretary
033781
SCANNED
INTERLOCAL RADIO SYSTEM AGREEMENT
FOR PARTICIPATION IN THE
COASTAL BEND REGIONAL INTEROPERABILITY NETWORK
This Interlocal Radio System Agreement ("Agreement") for radio system participation in
the Coastal Bend Regional Interoperability Network ("CBRIN") is made by and between the City
of Corpus Christi, a Texas home -rule municipal corporation, and INSERT ENTITY'S NAME
("AGENCY").
RECITALS
WHEREAS, the City of Corpus Christi ("City") administrates the CBRIN, which provides
reliable daily operational and interoperability radio communication systems ("Radio System") for
qualified law enforcement and public safety departments, agencies, and offices;
WHEREAS, AGENCY operates in the Coastal Bend Region, providing public safety
services to the residents and businesses of this region; and
WHEREAS, as a qualified law enforcement and public safety entity, AGENCY is eligible
and desires to become an outside local agency ("Outside Local Agency") of the CBRIN.
AGREEMENT
The purpose of this Agreement is to perform a governmental function, pursuant to the
Interlocal Cooperation Act; to express the means, manner, and method for AGENCY to participate
as an Outside Local Agency; and to be provided access to the CBRIN pursuant to the terms and
conditions stated. A qualified "Outside Local Agency" is defined for the purposes of this
Agreement as any political subdivision of the State of Texas, or a department, agency, or office of
the same, having a public safety and law enforcement purpose. Both the City and AGENCY are
authorized, pursuant to Texas Government Code, Ch. 791, to enter into an interlocal cooperation
agreement for the purposes stated in this Agreement.
NOW, THEREFORE, City and AGENCY agree to the following terms and conditions:
1. TERM.
1.1. Initial Term. This Agreement commences October 1, 2025, as the AGENCY
currently has access to the CBRIN. This Agreement continues in force through the close of
business on September 30, 2026.
1.2. Automatic Renewal. This Agreement automatically renews on October 1, 2026,
for a term of one year and automatically renews thereafter for successive one-year periods (the
initial and renewal periods each referred to as the "Term"), unless either party terminates this
Agreement pursuant to Section 8, Suspension and Termination.
Exhibit A
Page 1 of 9
2. AGENCY'S DUTIES & RESPONSIBILITIES.
2.1. Access Authorization. AGENCY is authorized to access and use only the type and
quantity of public safety radio equipment ("Radio Equipment") detailed in Attachment A as an
Outside Local Agency of the Radio System. Attachment A, entitled "Radio Equipment and Rate
Schedule", is attached to this Agreement, made a part of this Agreement, and its content is
incorporated by reference as if fully set out here in its entirety.
2.2. Annual Payment Calculation. On or before August 1 of each year, the City, acting
by and through its Radio System Manager, as named by the City's City Manager or his/her
designee, shall calculate the amount due from AGENCY in advance for the term (October 1 to the
following September 30), such amount being based upon the then -current number of Radio
Equipment devices listed in Attachment A. Prior to the beginning of each Term, the City and
AGENCY shall update Attachment A with the then -current number of AGENCY'S Radio
Equipment utilizing the Radio System. AGENCY shall remit payment in accordance with Section
3 of the Agreement and Attachment A.
2.3. Purchase of Radio Equipment. AGENCY shall purchase and provide for its sole
use its own radio equipment to be used on the Radio System. Radio Equipment, for the purposes
of this Agreement, includes, but is not limited to, the portable radios, mobile radios, control station
radios, radio consoles, and any other qualified devices operated by AGENCY as part of the Radio
System. Radio Equipment must be approved in advance by the City's Radio System Manager to
ensure the Radio Equipment purchased for use by AGENCY for the Radio System is technically
compatible with the current technology in use on the Radio System. Approval in advance of
placing the Radio Equipment in use must be obtained from the Radio System Manager via email,
and such responsive email is deemed sufficient to memorialize approval or disapproval.
2.4. AGENCY'S Personnel Training. AGENCY shall ensure that the persons it
authorizes to use its Radio Equipment have been trained prior to use and receive recurrent training
as may be needed in the proper etiquette, interoperability, and use of public safety two-way radio
communications.
2.5. Compliance with Standard Operating Conditions and FCC. AGENCY shall use the
Radio System in compliance with all applicable Federal Communications Commission ("FCC")
regulations and rules.
2.6. Programming of Radio Equipment. AGENCY shall ensure that the City's Radio
System Manager performs the necessary programming of its Radio Equipment before each piece
of equipment is put into use initially or as a replacement for existing equipment.
2.7. FCC Violations. If the City is notified that there is an actual or alleged violation of
any FCC rule or regulation as a result of any Radio Equipment operated by AGENCY, the same
will be brought to the attention of AGENCY in writing, and each such actual or alleged violation
must be remedied or resolved within the time provided. If any actual or alleged violation has not
been remedied nor resolved as provided and a fine or penalty is imposed against the City for
AGENCY'S action and/or activities, AGENCY shall reimburse the City within 30 days for all
costs, fines, and penalties incurred by the City and arising from the violation as a result of being
charged with the AGENCY' s violation, subject to AGENCY'S sufficient appropriation.
Exhibit A
Page 2of9
2.8. Radio System Improvements Point of Contact. AGENCY shall use the e-mail
address of radioagencies@cctexas.com as its primary point of contact for requests for Radio
System improvements and related matters. AGENCY shall endeavor to reference "Radio System
Improvements" in the subject line to ensure the communication is directed to the correct person.
2.9. Operations Point of Contact. When addressing problems and/or seeking answers
to operations questions pertaining to the Radio System, AGENCY shall use the email address of
radioagencies@cctexas.com as its primary point of contact. AGENCY shall endeavor to reference
"Radio System Operational Matter" in the subject line to ensure the communication is directed to
the correct person. The Radio System Manager shall work in good faith with AGENCY to help
resolve any issues or problems and provide answers.
2.10. Compliance with Laws. AGENCY shall comply with all applicable laws, rules,
and regulations in the operation of its Radio Equipment and in the performance of this Agreement.
3. CITY'S DUTIES & RESPONSIBILITIES.
3.1. Rates. The City, acting by and through its Radio System Manager, with the
approval of the City's City Manager, shall set the initial rates on Attachment A, and the City shall
follow the same process when providing the AGENCY with new and/or continuing Radio
Equipment rates during the Term of this Agreement. The City shall provide AGENCY with
advance notice by email or mail of any change in rates prior to the beginning of the renewal Term
of this Agreement, pursuant to Section 2.
3.2. Quarterly Invoices. The City shall invoice AGENCY in advance for the amount
due for each quarter of the Term of this Agreement based upon the number and type of Radio
Equipment authorized in Attachment A at the rates stated in Attachment A. The invoice sent to
AGENCY must include a current copy of Attachment A, the quarter period of time covered by the
invoice, the per -unit amount to be paid, the quarterly dollar amount, and the total annual dollar
amount to be paid. The invoice may be mailed or emailed to AGENCY at the address(es) listed
on Attachment A. Although invoiced quarterly, AGENCY may at any time choose to pay the full
annual amount at one time. In the event additional Radio Equipment is added to Attachment A
during the Term and following remittance by AGENCY of the full annual amount, a separate
invoice will be issued prior to the next upcoming quarter of the Term for the additional amount
due and a revised Attachment A issued accordingly.
3.3. Payment. AGENCY shall pay each invoice within 30 days of the issuance date
shown on the invoice, in accordance with the provisions of Chapter 2251 of the Texas Government
Code ("Prompt Payment Act"). Payment must be mailed by AGENCY to the address shown for
the City on Attachment A so that it is timely received on or before the date due. AGENCY must
include the invoice number for correct application of the payment.
3.4. Notice of Limitations. The City shall provide AGENCY's point of contact via
email, mail, or voice radio communication of any limitations and/or restraints encountered or
imposed upon City for use of the Radio System by AGENCY as soon as feasibly possible.
3.5. Notice of Violation. The City shall notify AGENCY if the City or Agency becomes
aware of any actual or alleged violation of any FCC regulation or rule as a result of the use of any
Radio Equipment operated by AGENCY.
Exhibit A
Page 3 of 9
3.6. Amendment Requests. The City shall not unreasonably withhold approval of a
request to amend this Agreement to add additional Radio Equipment by AGENCY.
3.7. Improvement Requests. The City shall assist AGENCY in relation to any
reasonable requests for Radio System improvements and/or pertaining to the AGENCY's
relationship with the City's management and administration of the Radio System as the core
CBRIN controller/operator/administrator.
3.8. Compliance with Laws. City shall administer the CBRIN in compliance with all
applicable laws, rules, and regulations and in accordance with the terms of this Agreement.
4. LIABILITY. The City, it officers, officials, and employees, are not liable to AGENCY,
who, by execution of this Agreement and participation as an Outside Local Agency on the Radio
System and as a user of the CBRIN, assumes all risks pertaining to any claims, damages, or
attorneys' fees of any kind for injury or the death of any person and/or for damages to or loss of
personal or real property arising as a result of, in whole or in part, directly or indirectly, the
operations and activities of AGENCY engaged in or taken pursuant to this Agreement.
5. RETENTION AND ACCESSIBILITY OF RECORDS. AGENCY shall maintain all
records and documentation for all Radio Equipment used on the Radio System, in compliance with
applicable records retention schedules promulgated by the State of Texas. Upon receipt of a
written request, AGENCY shall make Radio Equipment records available to the City in a timely
manner.
6. LIMIT ON REPRESENTATIVES & AGENTS. No official, employee, representative,
or agent of the City has the authority to amend or assign this Agreement or to waive violations of
it with the exception of the City Manager and the Radio System Manager, unless expressly granted
specific authority to do so by the City's City Council. No official, employee, representative, or
agent of the AGENCY has the authority to amend this Agreement or to waive violations of it
unless expressly granted specific authority to do so by law or by the AGENCY's governing body.
7. BREACH. The failure of either party to comply with the terms and conditions of this
Agreement constitutes a breach of this Agreement. Should either the City or AGENCY become
aware that there may be grounds that a breach of this Agreement is occurring or has occurred, the
respective party must notify the other party in writing of the grounds for the breach in accordance
with Section 1 I, Notices.
8. SUSPENSION AND TERMINATION.
8.1 Suspension or Termination. AGENCY'S authorized user status, pursuant to this
Agreement, is subject to the immediate suspension or termination of this Agreement for any of the
following reasons:
8.1.1 AGENCY fails to correct or to cease and desist any violation(s) of
applicable FCC regulations or rules, or of any alleged violation(s) of any other applicable rule or
regulation to which AGENCY must adhere, and for which AGENCY has been informed pursuant
to this Agreement;
Agreement; or
8.1.2 AGENCY has failed to comply with any term or condition of this
Exhibit A
Page 4 of 9
8.1.3 AGENCY is unable to conform to changes required by federal, State, or
local laws, regulations, or rules pertaining to AGENCY'S performance under this Agreement.
8.2 City's Suspension or Termination Procedure. The City must provide AGENCY
with written notice in advance of any action to be taken to suspend or terminate AGENCY'S
participation under this Agreement. Such advance notice must include a statement of the grounds
supporting a suspension or termination and the effective date of such suspension or termination.
In the event of a suspension, AGENCY may resume use of the Radio System once AGENCY has
provided satisfactory documentation to the City that the grounds which led to the suspension have
been corrected and no longer exist, and AGENCY has received a return communication by email
or mail confirming the same from the Radio System Manager.
8.3 AGENCY'S Termination. AGENCY may terminate this Agreement for any of the
following reasons:
8.3.1 The City has failed to comply with any term or condition of this Agreement;
8.3.2 The City is unable to conform to changes required by federal, State, or local
laws, regulations, or rules pertaining to its performance under this Agreement;
8.3.3 The City has failed to appropriate sufficient funds to continue its
participation in the Radio System; or
8.3.4 AGENCY has failed to, appropriate sufficient funds to pay the amounts due
under this Agreement following the initial quarter of the initial Term.
8.4 AGENCY'S Termination Procedure. At least 90 days prior to the date of
termination, AGENCY must notify the City in writing of its decision to terminate this Agreement,
the reason(s) for termination, and the effective date of termination. The notice of termination must
be provided in a manner consistent with Section 11 of this Agreement.
8.5 Mutual Termination. Either party may terminate this Agreement in the event both
parties agree, in writing, that the continuation of the activities under this Agreement would not
produce beneficial results commensurate with the further expenditure of funds and what conditions
of termination may apply including, but not limited to, the effective date of termination. In the
event of a mutual termination, AGENCY shall pay any outstanding amounts due to the City, in
compliance with this Agreement, within 30 days following the effective date of termination.
8.6 Survival of Provisions. If this Agreement is terminated, the provisions requiring
payment to be made for amounts that accrued prior to and up to the effective date of termination
survive the termination of this Agreement until each amount due is paid in full.
9. NON -WAIVER AND RESERVATION OF REMEDIES.
9.1 Non -Waiver. Any act of forbearance by either party to enforce any provision of
this Agreement may not be construed as a modification of this Agreement nor as a waiver of any
breach or default by the other party which then exists or may subsequently exist. The failure of
either party to exercise any right or privilege granted in this Agreement may not be construed as a
waiver of that right or privilege. By executing this Agreement, neither the City nor AGENCY
Exhibit A
Page 5 of 9
waive any immunities or defenses that would otherwise be available to it against claims arising in
or out of the exercise of their respective governmental powers and functions.
9.2 Reservation of Rights and Remedies. All rights of each party not otherwise
expressed under this Agreement are specifically reserved to it. Any payment, act, or omission by
a party may not impair or prejudice any remedy or right of that party under this Agreement. Any
right or remedy stated in this Agreement may not preclude the exercise of any other right or remedy
under this Agreement, at law or in equity, nor may any action taken in the exercise of any right or
remedy be deemed a waiver of any other rights or remedies.
10. AMENDMENTS.
10.1 Amendment of Agreement. Any change to the provisions of this Agreement,
except for changes to Attachment A, must be made in writing and signed by an authorized
representative of each party via consecutively numbered amendments.
10.2 Amendment of Attachment A. The City may amend the rates stated in Attachment
A by sending written notice of a rate change in compliance with Sections 3.5 and 11 to AGENCY
not less than 60 days prior to the beginning date of the next Term. Unless AGENCY sends a
responsive notice not less than 30 days prior to the beginning of the next Term, in accordance with
Section 11 of this Agreement, and states that the change is unacceptable, AGENCY is deemed to
have accepted the revised rates stated in the notice of rate change and shall pay those rates for the
next Term. If AGENCY sends a notice that the change is unacceptable, AGENCY shall not use
its Radio Equipment on the Radio System following the beginning of the next Term unless City
and AGENCY have agreed in writing to the rates applicable to AGENCY for the subsequent Term.
The City may amend the number of units stated in Attachment A if AGENCY has requested a
change in writing and that change is acceptable to the City. Attachment A may be amended and
replaced within this Agreement, pursuant to the explicit terms and conditions for doing so as set
out here, on an as -needed basis without the necessity of formally amending this entire Agreement.
10.3 Amendment to Include Infrastructure Costs in Payments. The City and AGENCY
agree that, at the beginning of this Agreement, they do not intend to include infrastructure costs of
the CBRIN in the amounts payable by AGENCY. If circumstances change and the parties deem
it appropriate and beneficial for AGENCY to share in the infrastructure costs, the City and
AGENCY shall amend this Agreement to reflect the changes in this Agreement necessary to
provide for this cost sharing of the CBRIN.
10.4 Amendment Requests: If the City or AGENCY wish to amend this Agreement,
notice must be sent in the manner described and to the persons listed in Section 11 of this
Agreement.
11. NOTICES.
11.1 Method of Notice. Any notice required or permitted to be given under this
Agreement by one party to the other must be in writing, sent in a manner described, and is deemed
received immediately if delivered in person to the address set forth in 11.2 or 11.3 for the party to
whom the notice is given, or is deemed received on the third day following mailing if placed in
the U.S. mail, postage prepaid, sent by certified mail with a return receipt requested, and addressed
to the party to whom notice is given at the address specified in 11.2 or 11.3.
Exhibit A
Page 6 of 9
11.2 If to City:
Peter Collins, Chief Information Officer
Information Technology Dept.
City of Corpus Christi
1201 Leopard St.
Corpus Christi, TX 78401
11.3 If to AGENCY:
Name & Title
Office or Department
Entity
Physical Address
City State ZIP
11.4 Change of Address. Either party may change the address to which notice is sent by
giving the other party notice of the change of address in accordance with the provisions of this
Section 11.
12. INTERPRETATION OF CONTRACT & ADDITIONAL PROVISIONS.
12.1 Third Party Rights Not Created. This Agreement is not intended and shall not be
construed to create any rights or remedies in any person or legal entity that is not a party to it, and
neither the City nor AGENCY is waiving any defense or immunity to which it is entitled against
any person or legal entity that is not a party to it by virtue of entering into this Agreement.
12.2 Law. This Agreement is governed by the laws of Texas and is performable in the
City of Corpus Christi, Nueces County, Texas.
12.3 Severability. If any portion of this Agreement is ruled invalid or unenforceable by
a court of competent jurisdiction, the remainder of the Agreement must be construed as if that
invalid or unenforceable portion were not included in the Agreement, and the remainder of this
Agreement is deemed to remain valid and binding for all intents and purposes.
12.4 Headings. The headings at the beginning of the various provisions of this
Agreement have been included only to make it easier to locate the subject matter covered by that
section or subsection and are not to be used in construing this Agreement.
12.5 Number and Gender. Words describing any gender in this Agreement must be
construed to include any other gender, and words describing any number must be construed to
include the numeric, unless the context in this Agreement clearly requires otherwise.
12.6 Current Revenues. Any payment made by the City or AGENCY for any of the
costs or expenses that either respective party incurs under this Agreement must be made out of the
current revenues available to the paying party as required by the Interlocal Cooperation Act.
13. SIGNATURE AUTHORITY.
13.1 AGENCY'S Signature. The person signing this Agreement on behalf of
AGENCY, or representing themselves as signing this Agreement on behalf of AGENCY, does
hereby warrant and guarantee that he/she has been authorized by AGENCY to sign this Agreement
Exhibit A
Page 7 of 9
on behalf of AGENCY and to bind AGENCY validly and legally to all terms, conditions,
performances, and provisions in this Agreement.
13.2 City's Signature. The person signing this Agreement on behalf of the City, or
representing themselves as signing this Agreement on behalf of City, does hereby warrant and
guarantee that he/she has been authorized by the City to sign this Agreement on behalf of the City
and to bind the City validly and legally to all terms, conditions, performances, and provisions in
this Agreement.
14. ENTIRE AGREEMENT
14.1 Agreement All Inclusive. All oral and written agreements between the parties to
this Agreement relating to the subject matter of this Agreement and that were made prior to the
execution of this Agreement have been reduced to writing and are contained in this document.
AGENCY:
By:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
By:
Peter Collins, Chief Information Officer
& Director, Information Technology Dept.
Date:
Approved as to form:
Assistant City Attorney Date
Exhibit A
Page 8 of 9
Attachment A
Radio Equipment and Rate Schedule
Effective for City Fiscal Year 2025-2026
Paid Quarterly in Advance: Oct -Dec, Jan -Mar, Apr -June, July -Sept
Quantity
Cost Per
Radio
Quarterly Cost
(Qty x Cost Per
Radiox3)
TOTAL ANNUAL
COST
Radio Count
XXX
$35.00
$XXX.XX -
$XXX.XX
Contract Period
Covered
October 1, 2025 - September 30, 2026
***** Amount will be billed and paid quarterly. The invoice number must be included for
correct application of the payment. If AGENCY desires to remit the annual amount in advance
in full, it may elect to do so at any time.
AGENCY'S Billing Address:
AGENCY'S Email Address:
REMIT TO:
City of Corpus Christi
Attn: Central Cashiering AR -Collections
P.O. Box 9257
Corpus Christi, TX 78469-9257
Payments can also be set up to auto -draft on the 1" day of every quarter. Please
contact AccountsReceivable@cctexas.com to sign up for this option.
Exhibit A
Page 9 of 9
Exhibit B
List of Outside Agencies
• Department of Homeland Security
• Texas Attorney General
• Texas Department of Public Safety
• Federal Bureau of Investigation
• Lower Colorado River Authority
• United States Marshall
• Bureau of Alcohol, Tobacco,
Firearms
Exhibit C
List of Local Outside Agencies
• Bishop Consolidated Independent School District — Police Department
• City of Bishop — Police Department
• Calallen Independent School District — Police Department
• Corpus Christi Independence School District— Police Department
• Nueces County Emergency Services District 1
• Nueces County Emergency Services District 2
• Nueces County Emergency Services District #3
• Nueces County Emergency Services District 4
• Nueces Jim Wells County Emergency Services District #5
• Nueces County Emergency Services District 6
• Flour Bluff Independent School District— Police Department
• Texas A & M University Corpus Christi —Autonomy Research Institute
• Port of Corpus Christi Authority of Nueces County, Texas
• City of Robstown — Emergency Medical Services
• City of Robstown — Fire Department
• Robstown Independent School District — Police Department
• City of Robstown - Police Department