Ordinance No. 7,673960328 -11
ORDINANCE NO. 7673
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 FIFTEEN
THOUSAND NINE HUNDRED AND NO/] 00 DOLLARS ($15,900.00); 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-Tee, Inc., for the sum of FIFTEEN
THOUSAND NINE HUNDRED AND NO /100 DOLLARS ($15,900.00), 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 28th day of March, 1996.
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PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
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WKACIO RAMIREZ, S . ity Attorney
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LEASE AGREEMENT
SUR -TEC MOBILE VIDEO 'SURVEILLANCE SYSTEM (NfVSS)
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This Agreement made this / ;I day of �--, 19�, between Sur -Tec,
Inc. ("Sur-Tee") and the City of Baytown, Texas through H DTn Task Force, Houston,
Texas (the "Government "),
I . Lease of Goods. The Government hereby leases from Sur -Tec one (1) Sur-
Tee Mobile Video Surveillance System �' V VSS) for a period of one (1) year from the date
of delivery, at the annual rental of $15,11, 0.00, payable upon delivery• of said goods to the
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Govrment by Sur -Tec.
2. Delivery and Installati
Lieutenant Gray Smith at the offices
Kansas City, Missouri 641.112414,
information from Government perta.inir
units. Sur -Tec will, at its owr_ cxpc
workmanl ke manner in one (1) full -size
Government to the satisfaction of the Go�
n.. Sur -Tec shall deliver the MUSS units to
f Sur -Tec, Inc. 3217 Broadway, Fourth Floor,
'ithin sixty (60) days of Sur -Tee's receipt of
to video frequencies to be used in said MVSS
ise, install the MUSS units in a proper and
extended cab pickup truck to be provided by the
3. Acceptance of Equiprnent" The Government has detemiined 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. Soar -Tec has made no representations or warranties,
oral or written, expressed or implied, in cPnnection with the equipment.
4. Care and Repair of ANZ Equipment Sur -Tec will provide maintenance
for the MUSS equipment during the ter14 of the lease. Any MUSS part which fails during
normal use will be replaced by Sur -Tec upon delivery of that MVSS part by the
Government to Sur -Tee's principal offices in Kansas City, Missouri. Shipping charges
will be the responsiblity of Sur-Tee.
5. Title, Personal Property. The MUSS units are and shall at all times remain,
the property of Sur -Tec, and the Govern,rnent shall have no right, title or interest therein,
Except as set forth herein. The MUSS is, and shall at all tines be and remain, personal
property of Sur Tec not withstanding that the MVSS or aAy part thereof, may now be, or
hereafter becoine, in any manner, fixed o" attached to property of the Government.
6. Risk of Loss, The Goverr
to the MUSS units and trucks, which is c
If a loss or damage, for which the G
occurrence shall not relieve the Goverair
loss or damages for which the GovemmE
option, to: (a) place the damaged equips
or (b) replace lost or damaged equipment
working order. All costs, including ship
the Government in this paragraph, are t
Tee's receipt of such new equipment, the
in said damaged items for salvage pur
without warranty, expressed or implied.
7. Assignment. Neither
transfer any of its rights or obligation
prior written consent of the other parry
nent shall bear only that risk of loss and &miage
cused by the sole negligence of the Goverrunent.
vernment has assumed the risk, occurs, such
nt of any obligation hereunder. In the event of a
it is liable, the Government is responsible, at its
mt in good repair, condition and working order;
vith like equipment in good repair, condition and
ing and/or transportation, which are assumed by
responsibliry of the Government. Upon Sur -
iovemment shall be entitled to Sur -Tee's interest
ases, in its then condition and location, as is,
=rnent nor Sur =Tec shall sell, assign, or
this agreement in whole or in part without
event that either the Government or Sur -Tec
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consents to an assignment, the assignee'shali become bound by all of the terms, covenants
and conditions of this lease.
S. Re- delivery. The Gover
by Sur -Tee not less than sixty (60) day
(60) days of that date, the Government
lease and return the MVSS units to Sur
thereafter, the Government shall make t
condition and working order, ordinary
Sur -Tee's principal office located at 32
64111 - 2=414. If upon such expirat
immediately return the MUSS units to t
held and leased hereunder and this least
thirty (30) day "grace" period at one -tw
expiration of that "grace" period, the Gc
Sur -Tee's office and in default thereof
upon terms set forth in the following pa
ment will be notified of the expiration of the lease
prior to the expiration of the lease. Within sixty
,ill have the option to renew the lease or cancel the
rec. Upon expiration of this lease within 15 days,
e NIVSS units available to Sur -Tec, in good repair,
wear and tear only excepted, in a manner and to
7 Broadway, Fourth Floor, Kansas City, Missouri
on or termination; the Government does not
jr -Tec at Sur -Tee's office, they shall continue to be
shad thereafter and thereupon be extended for one
1fth (1 /12) the yearly lease rates. On or before the
rl-rnment shall return the VI VSS units to Sur -Tec at
,hall be deemed to have renewed the yearly lease
agraph.
9. Renewrl option, The G6' ernment 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 >;,enewal rental of $15,900.00 per year, and upon all
of the other terms, covenants and conditions hereof.
10. Termination. In the er
obligations under the terms and condil
amount of time after written notificatior
to cure, the Government shall have t
agreement without further obligation he
be sent by Government by registered c
Inc.; 3217 Broadway, Fourth Floo
Government at its sole option may (1) r
its obligations under this lease or (2) ei
equipment under substantially the sam,
agreement with another lessor. if the i
performance hereof, and if the expense
another vendor is greater than the sum
agreement, Sur -Tec hereby expressly a�
the Government. In all cases in wl
Government for Sur -Tee's failure to pei
unexpired term of this lease agreement
agreement. 7f such monies are not retun
agrees to pay interest on such ,amount di
percent (12%) per annum.
11. Miscellaneous Terms.
:nt Sur -Tec fails or refuses to comply with its
ons of this lease agreement, within a reasonable
from the Government to Sur -Tec, and opportunity
re option and priviledge to terminate this lease
:under. Notice. required to be sent to Sur-Tee shall
r certified mail to C, Thomas Dupriest, Sur -Tec,
Kansas City, Missouri 64111 -2414. The
quire specific performance by Sur -Tec to perform
ter into a lease agreement for the same or si nilar
terms and conditions which are provided in this
government should choose to not require specific
or price associated with the lease agreement with
which would have been payable under this lease
-ees to promptly pay in full such excess amount to
ich this lease agreement is terminated by the
'arm, Sur-Tee agrees to refund the monies for the
ithin thirty (30) days after the termination of such
ed to the Government in a timely manner, Sur -Tec
and owing to the Govemment at a rate of twelve
(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. Ii
(b) Entire Agreement This lease supersedes .11 agreements previously
made between the parties relating to this "quipment.
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(c) N tom. All notices or other corm-nunications required under this
lease shau be in writing and delivered p- rsonally or mailed by certified mail, postage pre-
paid, addr;ssed to the parties at their addresses shown below.
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(d) Govttniz!>T Law and Venue. This Agreement shall in ii.11 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 Count}, Texas.
(e) a s Headl." in this instrurner,t are for the convenience of
the parties oa1v and shall not be used to interpret or construe ill's provisions.
(f) Counterparts. This lease may be executed in two or more
counterparts, each of which shall by de k,med an ori;inal, but all of which, together, shall
constitute one and the same instrument. �;
(g) Strict CnaInh nc
strict performance of any of the agreezn
accruing thereunder upon default or failu
of file rigl',t to insist on and to enforce by
other obligation hereunder to exercise
future default or failure of performance.
Failure of either party hereto to insist on the
is herein or to excercise any rights or remedies
of performance sha11 not be considered a waiver
i appropriate remedy, strict compliance with any
y right or remedy occurring as a result of any
(h) Invalidity, All �arties agree that should any provision of this
Agreement be determined to be invalid or!renforceable, such determination shall rot affect
any other term of this Agreement, which shall continue in full force and effect.
12. Indemnification Su
and defend the Government, its officen
all claims, losses, damages, causes of ac
expenses of litigation, court costs and ai
or for damage to any property, arising i
equipment supplied by Sur -Tec under tl
or damage is caused by the sole negli!
employees. It is the expressed intent
Government, that the indemnity provide
indemnify and protect the Government
where that negligence is a concurring c,,
the indemnity provided for in this Para€
damage, cause of action, suit and liabili
the sole negligence of the Government u
-Tee agrees to and shall indcwify, hold harniless
agents and employees from and against any and
on, suits and liability of every kind, including all
orney's fees, for injury to or death of any person,
it of or in connection with the wort: done or the
s lease agreement, except where the injury, death
mce of the Government, its officers, agents, or
)n of the parties hereto, both Sur -Tec and the
for in this paragraph is indemnity by Sur -Tec to
rom the consequences of Sur -Tee's negligence,
ise of the injury, death or damage. Furtilermore,
sph shall have no application to any claim, loss,
where the injury, death or damage results from
mixed with the fault of any other person or entity.
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IINI «"ITNTESS V +'HEREOF, the partizs have executed this Agreement, dated this
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ST- JR -TEC, NC.
3217 Broadway
Fourth Floor
Kansas City, Missouri 64111
BY: ✓. �,-`
C. Thomas Dupriest
its President
MY OF BAYTOWN, TEXAS
through HMTA. TASK FORCE
333 Vest Loop North
Suite 100
Houston, Texas 77024
BY,
its
and duly authorized
representative