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Ordinance No. 7,176d, ORDINANCE NO. 7176 941121 -11 • AN ORDINANCE AUTHORIZING AND DIRECTING THE PROJECT DIRECTOR OF THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE TO EXECUTE A LEASE AGREEMENT - WITH SUR -TEC, INC.; AUTHORIZING PAYMENT OF HOUSTON HIDTA FUNDS MANAGED BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -ONE THOUSAND EIGHT HUNDRED AND N01100 DOLLARS ($31,800.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Project Director of the Harris County Organized Crime and Narcotics Task Force to execute a Lease Agreement with Sur -Tec, Inc.. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment of Houston HIDTA funds managed by the City of Baytown to Sur -Tec, Inc., the sum of THIRTY -ONE THOUSAND EIGHT HUNDRED AND NO 1100 DOLLARS ($31,800.00), pursuant to the Agreement. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 21st day of November, 1994. PETE C. ALFARO, Mayor AT'T'EST.: £ILLEN,P_ , City Clerk APPROVED AS TO FORM: !2 'q, FAYACIO RAMIREZ, $9., City Attorney • ftaY uncWw"mbw111.x1.94mAhLEASmcw • LEASE AGREEMENT SUR -TEC MOBILE VIDEO SURVEILLANCE SYSTEM (MUSS) This Agreement made this day of Is 19_, between Sur -Tec, Inc. ( "Sur- Tec ") and the City of Baytown, Texas through HIDTA Task'Force, Houston, Texas (the "Government"), 1. Lease of Goods. The Government hereby leases from Sur -Tec two (2) Sur- Tee Mobile Video Surveillance Systems (MVSS) for a period of one (1) year from the date of delivery, at the annual rental of $31,800.00, payable upon delivery of said goods to the Government by Sur -Tec. 2. Delivery and InstaIlation.. Sur -Tec shall deliver the MVSS units to Lieutenant Gray Smith at the offices of Sur -Tec, Inc. 3217 Broadway, Fourth Floor, Kansas City, Missouri 64111 -2414, within sixty (60) days of Sur -Tee's receipt of information from Government pertaining to video frequencies to be used in said MVSS units. Sur -Tec will, at its own expense, install the MVSS units in a proper and workmanlike manner in two (2) full -size extended cab pickup trucks to be provided by the Government to the satisfaction of the Government. 3. Acceptance of Equipment. The Government has determined that the MVSS is suitable for the use intended and that the Government has inspected the same, and accepts the same, as to be delivered. Sur -Tec has made no representations or warranties, oral or written, expressed or implied, in connection with the equipment. 4. Care and Repair of MVSS Equipment Sur -Tec will provide maintenance for the MVSS equipment during the term of the lease. Any MVSS part which fails during normal use will be replaced by Sur -Tec upon delivery of that MVSS part by the Government to Sur - Tec's principal offices in Kansas City, Missouri. Shipping charges will be the responsiblity of Sur -Tec. 5. Title, Personal Property. The MVSS units are and shall at all times remain, the property of Sur -Tec, and the Government shall have no right, title or interest therein. except as set forth herein. The MVSS is, and shall at all times be and remain, personal property of Sur -Tec not withstanding that the MVSS of any part thereof, may now be, or hereafter become, in any manner, fixed or attached to property of the Government. 6. Risk of Loss. The Government shall bear only that risk of loss and damage to the MVSS units and trucks, which is caused by the sole negligence of the Government. If a loss or damage, for which the Government has assumed the risk, occurs, such occurrence shall not relieve the Government of any obligation hereunder. In the event of a loss or darnages for which the Government is liable,-the Government is responsible, at its option, to: (a) place the damaged equipment in good repair, condition and working order; or (b) replace lost or damaged equipment with like equipment in good repair, condition and working o.-der. All costs, including shipping and /or transportation, which are assumed by the Government in this paragraph, are the responsiblity of the Government. Upon Sur - Tec's receipt of such new equipment, the Government shall be entitled to Sur -Tees interest in said damaged items for salvage purposes, in its then condition and location, as is, without warranty, expressed or implied. 7. Assignment. Neither the Government nor Sur -Tec shall sell, assign, or transfer any of its rights or obligations under this agreement in whole or in pant without prior written consent of the other party. In the event that either the Government or Sur -Tec EXHIBIT A 8. Re- delivery. The Government will be notified of the expiration of the lease by Sur-Tec not less than sixty (60) days prior to the expiration of the lease. Within sixty (60) days of that date, the Government will have the option to renew the lease or cancel the lease and return the MVSS units to Sur -Tec. Upon expiration of this lease within 15 days, thereafter, the Government shall make the MVSS units available to Sur -Tec, in good repair, condition and working order, ordinary wear and tear only excepted, in a manner and to Sur -Tee's principal office located at 3217 Broadway, Fourth Floor, Kansas City, Missouri 64111 -2414. If upon such expiration or termination, the Government does not immediately return the MVSS units to Sur -Tec at Sur -Tee's office, they shall continue to be held and leased hereunder and this lease shall thereafter and thereupon be extended for one thirty (30) day "grace" period at one - twelfth (1/12) the yearly lease rates. On or before the expiration o` that "grace" period, the Government shall return the MVSS units to Sur -Tec at Sur -Tee's office and in default thereof shall be deemed to have renewed the yearly lease upon terms set forth in the following paragraph. 9. Renewal option. The Government may renew this lease (or shall be deemed to have renewed this lease by nature of its failure to return MVSS units to Sur -Tec as set forth in paragraph above) at the annual renewal rental of 531,800.00 ($15,900.00 per MVSS unit) per year, and upon all of the other terms, covenants and conditions hereof. 10. Termination, In the event Sur -Tec fails or refuses to comply with its obligations under the terms and conditions of this lease agreement, within a reasonable, amount of time after written notification from the Government to Sur -Tec, and opportunity to cure, the Government shall have the option and priviledge to terminate this lease agreement without further obligation hereunder. Notice required to be sent to Sur -Tec sh all be sent by Government by registered or certified mail to C. Thomas Dupriest, Sur -Tec, Inc., 3217 Broadway, Fourth Floor, Kansas City, Missouri 64111 -2414. The Government at its sole option may (1) require specific performance by Sur -Tec to perform its obligations under this lease or (2) enter into a lease agreement for the same or similar equipment under substantially the same terms and conditions which are provided in this agreement with another lessor. If the Government should choose to not require specific performance hereof, and if the expense or rice associated with the lease agreement with another vendor is greater than the sum which would have been payable under This lease agreement, Sur -Tec hereby expressly agrees to promptly pay in full such excess amount to the Government. In all cases in which this lease agreement is terminated by the Government for Sur -Tee's failure to perform, Sur -Tec agrees to refund the monies for the unexpired term of this lease agreement within thirty (30) days after the termination of such agreement. If such monies are not returned to the Government in a timely manner, Sur -Tec agrees to pay interest on such amount due and owing to the Government at a rate of twelve percent (14 %a) per annum. 11. Miscellaneous Terms. (a) Binding Effect. The provisions of this lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors, and assignees. (b) Entire A reement. This lease supersedes all agreements previously made between the parties relating to this equipment. . (c) Nom. All notices or other communications required under this lease shall be in writing and delivered personally or mailed by certified mail, postage pre- paid, addressed to the parties at their addresses shown below. • (d) Cyoveming LAW and Venue. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. (e) Headings. Headings in this instrument are for the convenience of the parties only and shall not be used to interpret or construe its provisions. (fl Cgunterparts. This lease may be executed in two or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. (g) Strict C om lianc . Failure of either party hereto to insist on the strict performance of any of the agreements herein or to excercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance, (h) Invalidity. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 12, Indemnification . Sur -Tec agrees to and shall indemnify, hold harmless and defend the Government, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the work done or the equipment supplied by Sur -Tec under this lease agreement, except where the injury, death or damage is caused by the sole negligence of the Government, its officers, agents, or employees, It is the expressed intention of the parties hereto, both Sur -Tec and the Government, that the indemnity provided for in this paragraph is indemnity by Sur -Tec to indemnify and protect the Government from the consequences of Sur -Tec's negligence, where that negligence is a concurring cause of the injury, death or damage. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit and liability where the injury, death or damage results from the sole negligence of the Government unmixed with the fault of any other person or entity. IN WITNESS WHEREOF, the parties have executed this Agreement, dated this day of ' 19-- -- SUR -TEC, INC. 3217 Broadway Fourth Floor Kansas City, Missouri 64111 BY: C. Thomas Dupriest, its president CITY OF BAYTOWN, TEXAS through HIDTA TASK FORCE 333 West Loop North Suite 100 Houston, Texas 77024 BY: its - -- and duly Puthorized representative