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Ordinance No. 12,253ORDINANCE NO. 12,253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE USE OF HARRIS COUNTY'S PUBLIC SAFETY RADIO SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED THIRTY -TWO THOUSAND SIX HUNDRED AND NO/] 00 DOLLARS ($132,600.00) TO HARRIS COUNTY FOR THE USE OF HARRIS COUNTY'S PUBLIC SAFETY RADIO SYSTEM FOR THE PERIOD COMMENCING ON OCTOBER I, 2012, AND ENDING SEPTEMBER 30, 2013; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. sss• ssrxsssrsssss+ swsrttrtxr sxrxr +tawtrta + +aa + +t + +rwtt+ art +rt + +wwrt + * + + * * + + * + + + + + + *rtrt * + * +t BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section I: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute the First Amendment to the Interlocal Agreement with Harris County for the use of Harris County's public safety radio system, A copy of said amendment is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Harris County of an amount of ONE HUNDRED THIRTY -TWO THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($132,600.00) for the use of Harris County's public safety radio system for the period commencing on October 1, 2012, and ending September 30, 2013, pursuant to the Agreement as amended. Section 3: That the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) or less; however, the original contract price may not be increased by more than twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent of the contractor to such decrease. Section 4: This ordinance shall take effect immediately from after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vot o the City ouncil of the City of Baytown this the 9'" day of May, 2013. 4GNACIO RAMIREZ, SR., CVty ttorney R \Karen \Files \City CoundnOrdinmwc \Z \May 9l Fim, AmendmenainterlocalwiNHarrisConnly4Radiutease .doe Mayor Exhibit "A" FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR USE OF PUBLIC SAFETY RADIO SYSTEM THE STATE OF TEXAS § COUNTY OF HARRIS § This First Amendment to the Interlocal Agreement for Use of Public Safety Radio System is made pursuant to chapter 791 of the Texas Government Code and entered into by and between Harris County, Texas (the "County "), acting by and through its governing body, the Harris County Commissioners Court, and the City of Baytown, a political subdivision of the State of Texas (the "User "), acting by and through its governing body. WITNESSETH: WHEREAS, on February 6, 2001, the County and User entered into an agreement for user to obtain access to the County's communications systems in order to communicate among various public safety units, hereinafter designated the "Agreement;" and WHEREAS, the parties desire the ability to send and receive invoices on a monthly basis and to be notified of such invoices by electronic mail. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is agreed that any prior references to the User agreeing to prepay the County for total fees for the entire year at the beginning of each term of this Agreement shall be removed; and IT IS FURTHER AGREED that the User expressly agrees to pay any monthly charges in full after the end of each month during the term of this Agreement, based upon the number of the Radio Units /Mobile Digital Terminals then in service. Should the User change the number of Radio Units/Mobile Digital Terminals in service during a monthly billing period, the monthly charge will be increased or decreased proportionally. Notwithstanding any provision to the contrary, the parties agree that the County may provide such monthly invoices to the User by e-mail sent to a mutually agreed upon e-mail address; and IT IS FURTHER AGREED that all other terms and provisions of the Agreement shall remain in full force and effect as originally written and amended, if applicable. EXECUTED in triplicate originals. APPROVED AS TO FORM: VINCE RYAN County Attorney By JAMES RICE HARRIS Assistant County Attorney HARRIS COUNTY By CRAIG BERNARD Senior Director of Mobility for Harris County Information Technology Center Date Signed: C.A. File No. 12GEN0166 CITY OF BAYTOWN By Printed Name: Title: Date Signed: Please return two executed original copies to: Harris County ITC Attn: Rosie Flores 406 Caroline St., 4`h Floor Houston, TX 77002