Ordinance No. 8,551990408 -3
ORDINANCE NO. 8551
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
0 TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH HARRIS COUNTY FOR THE PURCHASE OF RADIO
AIRTIME AND PROGRAMMING SERVICES; 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 City Manager to execute and City Clerk to attest to an Interlocal Agreement with
Harris County for the purchase of radio airtime and programming services. A copy of said
agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: 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 8"' day of April, 1999,
Z,� C. e?-�
PETE C. ALFARO, Mayor
ATTEST:
P. gz=:4-�7
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
45n�� —
ACIO RAMTRE R., City Attorney
0 cklh15Mouncillordinancellnlerlocal Agree me tit With HarrisCounty4RadioAirtime
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®
A 6 R EE M EN
STATE O ' TEXAS §
COUNTY OF HARRIS §
This Agreement is made and entered into, and executed by and between, Harris,County, a.body
corporate and politic under the laws of the State of Texas, called "County," and the City of
Baytown, Hams Co-anty, 'texas, a political subdivision of the State of 'texas, acting by and
through its goveming body, called "User."
1.
For purposes of this Agreement, the following definitions apply:
A. Mobile j2igAlat in :
Mobile, stationary or portablc digital communications units cumrnunieatuig among
themselves at certain air wave frequencies;
R. Prima , Dispatch System:
A communications system upon which the User, its agents, employees or assigns rely
primarily when it desires to or attempts the engagement of radio communications or radio
transmissions of energy among its Radio Units/Mobile Digital 'Terminals;
C. Priority Access:
An assigned level of system access that determines the choice of access to the Radio
System between two or more Radio Units/"Mobile Digital ' Teminals seeking use
simultaneously;
D. aaio System:
A trunked 800 Megahertz Public Safety Radio System that is owned by Aarris County,
Texas, and licensed by the FCC and that enables the engagement of radio
communications or radio transmissions of energy via Radio Units/Mobile Digital
Terminals in accordance with technical specifications;
E. Radio Unit-
Mobile, stationary, or portable radio communications units enmmunicating among
themselves at certain air wave Irequcncies; and
F. System Code Identification.Number:
An identification number that allows Radio Units/Mobile Digital Terminals" to gain
cess to the Radio System to enable the. Radio Units/Mobile Digital Terminals to
communicate among themselves at certain airwave frequencies.
0002
C.A. rile No. 84,3391Page I of R
EXHIBIT A
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The County agrees that during the term of this Agreement it will:
A. Allow the User to have access to its Radio System to engage in radio communications
among its Radio Units/Mobile Digital Terminals as a Primary-Dispatch System;
B. Provide the User with a Systems Code Identification Number that will access its Radio
System, thereby providing a Primary Dispatch System for the User's Radio Units /Mobile
Digital Terminals, for a maximum of six hundred (600) Radio UnitsfMobilc_ Digital
Terminals combined. A list of the cun-ent units is attached licre:to as Exlubit A;
C. Observe and abide by all applicable statutes, laws, rules and regulations, including, but
not limited to those of the FCC, as well as any applicable administrative rules of the
County, that. are now in effect or that may be effective during the term of this Agreement;
D. Upon being notified that one or more of the User's Radio Units/Mobile Digital Terminals
have been lost or stolen, take all reasonable actions to prevent any of the ,user's lost or
stolen Radio Units /Mobile Digital Terminals_f rotn gaining access to the Radio System,
including attempting to disable the lost or stolen Radio Units /Mobile Digital Terminals;
and,
E. Provide the same level of Priority Acccss to the Radio System for the User as that
afforded the County.
III_
During the term of this Agreement, the User agrees iu:
A. Assumt all cost and responsibility for providing the Radio Units/Mobile Digital
Terminals that will have access to the County's Radio System;
B. Give the County at least ten (10) days pricer written notice of its intent to increase,.
decrease or otherwise change the number of Radio Units/Mobile Digital Terminals that
have access. to the County's Radio System, However, _notwithstanding the. previous
sentence, in no event may the User increase the number of Radio Units/Mobile Digital
Terminals above the maximum number of units set forth in paragraph it (B);
C. Notify the County that one or more of its Radio t:nitsllViobile Digital Terminals, have
been lost or stolen within twenty -four (24) hours of knowing that the Radio i lnits/ /Mobile
Digital Terminals have been lost or stolen;
D. Use the System Code Identification Number described in this Agreement to access the
County's radio system as a Primary Dispatch System; and
0
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® E. Observe and abide by all applicable statutes, laws, rules and regulations, including but
not limited to those. of the FCC. In addition, User agrees to observe and abide by any
applicable administrative rules promulgated by the County from and after the date such
rules become et7ective and have been delivered to User. Further, the User acknowledges
that, should any of these Statutes, rules, regulations, or administrative rules change during
the terns of this Agreement and if -the change necessitates a modification of the
A reement, the modification may be effectuated by the County without incurring any
liability for this modification. Should any change in the applicable statutes, roles,
regulations, or administrative rules necessitate modification of this Agreement, the
Couray shall notify the User of any such change within 30 days of such date that the
County becomes aware of the change. The User has 30 days to review and up-cc to any
changes made to this Agreement.
1V.
To the extent that the County owns Radio Units that are riot needed by the County for its ,own use
or the use of parties contracting with the County, the User may elect to use.County Radio.Units
and in such event, the County agrees to provide the User with the following equipment and /or
services related to the equipment at the unit rate indicated:_
A. L- TS2000 Portable Motorola radio, Model No. Hl0UCH6l)C5BN, ar equivalent, at the
rate of Forty -three and No /100 Dollars (543.00) per radio, per month, or, MITS2000
Portable Motorola radio, Model No. Fi01UCF6PW1BN, or equivalent, at the.. rate of
Sixty -one and 47/100 dollars ($61.47) per radio, per month.
B. LCS2000 Mobile Motorola tadio, Model No. M 10UGD6DC5AN, or equivalent, at, the
rate of Forty -Gvd and 75/100 Dollars (845.75) per tadio, per month, or, V1CS2000 Mobile
Motorola radio, Model No. MOlUGM6PW6AN or equivalent, at the rate of Forty-seven
and 63 /100 dollars ($47.63) per radio, per month..
C. Maintenance for each of the aforesaid radius at the rate of Eight and 251100 Dollars
(58.25) per radio, per month.
.D. If the User leases the Radio Units from the County, the County will not charge the User
for air time.
User expressly understands and agrees to prepay the County for the total fees for the entire year
at the beginning of each term of this Agreement.
The leased radios provided by the County under this Agreement are new or in like -new
condition. In the case of a malfunctioning radio, the User agrees to present the malfunctiuning .
unit for maintenance at the County's Ccntral Technology Center. .During the period it takes to
perform the maintenance, the County agrees to provide the User with a functioning radio to
replace the one being mairltained: Should it.be revealed that the malfunctioning of the radio was
caused by abuse or other actions that are outside the scope of normal, reasonable usc,of the radio,
the User is responsible to the County for any and all repairs and/or replacement that is required.
(9 C.A. File No. 84,339 /Page 3 of 8
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Upon termination of this Agreement, the User agrees to return all the leased radio equipinent to
the County.
V.
in the event the User does not use County Radio Units and uses Radio Units obtained from any
other source to access the County's Radio system, the User expressly understands and agrees to
pay the County for access to the Radio Systcm at a rate of Ninety and No /100 Dollars ($90.00)
per radio, per year. The User expressly agrees to prepay said yearly charges in full at the
beginning of each term of this Agreement, based upon the number of Radio Units then in service.
Should the User change the number of Radio Units in service during term of this Agreement, the
following provisions apply:
A. in the event the number of Radio Units in service. increases during a term of this
Agreement, the charge for each additional. Radio Unit is based upon the remaining
fractional part of the current one -year term of this Agreement. The user agrees to prepay
the County the entire amount owed for the additional Radio Units for the time remaining
in the then current term at least ten (10) days.before the User obtains acccss to the Radio
System with the additional Radio Units.
B. In the event the number of Radio Units in service decreases during the term of this
Agreement, the County agrees to either allow a credit or make a refund to the User of a
fractional part of the one -year term remaining under this Agreement. The County agrees
to effectuate said credit/refund within thirty (30) days of the date the User gives the
County written notice of its decrease in the number of Radio Units it has in service.
VI_
When the User does not use County Radio Units supplied pursuant to this Agreemenr and,
instead, uses Radio Units obtained from any other source to access the County's Radio system as
provided in the Agreement, the User expressly understands and agrees to pay the C'.oulity for the
programming of User's radios for use on the Radio System at a rate of Eight and 75/100 Dollars
($8.75) per radio, upon' initial access to the Radio System. Should the User's Radio Unit(s)
require maintenance that destroys the original programming referred to above, after such
maintenance each radio will,be reprogrammed to the standard configuration at the rate.o Eight
and 75/100 Dollars ($8,75). In any instance in which the County performs Radiu Unit
programming services, the User agrees io pay the County the entire amount owed for the
programming of Radio Units within thirty (30) days of the invoice date for such services.
VII.
If the User desires to gain access to the County's Radio System for use of Mobile Digital
Terminal(s), then the User expressly understands and agrees to pay the County for the access to
the Radio . system provided in this Agrcument at a rate of Ninety and No1100 Dollars ($90.00) per
Mobile Digital Terminal, per year. The User expressly agrees that said yearly charges must be
prepaid in full at the beginning of each tern of the Agreement, based upon the number of Mobile
0 C.A. Pile No. 84,339/Page 4 of 8
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Digital Terminals then in service. Should the User change the number of :Mobile Digital
Terminals in service during the tern of this Agreement, the following provisions apply:
A. In the event the number of Mobile Digital Terminals in service increases during the term
of this Agreement, the charge for each additional Mobile Digital Terminal is based upon
the rernairung fractional part of the current one -year term of this Agreement. The User
agrees to prepay the County the entire amount owed for the additional Mohile Digital
Terminal(s) for tlie time remaining in the current term at, least ten (10) days before the
User obtains access to the Radio System with the additional Mobile Digital Terminal(s).
R. In the event the number of Mobile Digital Tenninal(s) in service decreases during the
term of this Agreement, the County agrees to either allow a credit or make a refund to the
User of a portion of the prepaid fee. The credit/refund allowed is based upon that
fractional part of the one -year term remaining under this Agreement. The County agrees
to effectuate said credit /refund within thirty (30) days of the. date the User gives the
County written notice of its decrease in the number of Mobile Digital Terminal(s) it has in
service.
Additionally, the User understands and agrees to pay the County a one -time agency setup fee of
One Hundred Seventy -five and No /100 Dollars ($175.00), which is charged, due and, payable
upon the User gaining initial access to the County's Radio System for Mobile Digital Terminal
usage. Further, User agrees to pay the county a programming fee of Seventeen and 50 /100
Dollars ($17.50) for each Mobile Digital Terminal unit programmed on the Radio System.
VIII.
To the extent resources are available and solely at its discretion, County may provide radio
equipment installation and radio services upon request of the User. If these services are
provided, User agrees to pay the County at the rate of Thirty -five and No /100 Dollars ($35.00)
per hour for these services. County agrees to invoice User after the services are rendered and
User agrees to pay invoices within thirty (30) days of the invoice date_ It is expressly understood
that the County neither warrants nor assumes any responsibility for installation or other radio
services provided. Further, by requesting that the County provide these services, User assumes
the total risk of any loss associated with the installation of the radio equipment; any loss resulting
from the use of the radio equipment so installed; or any loss resulting from the use of radio
equipment to which other radio services have been provided by the County.
IX.
It is expressly understood and agreed that the County may increase the fees provided for in this
Agreement by giving the User written notice of its intention to increase the fees at least ,ninety.
(90) days before the effective date of the proposed increase. Should such increase .become
cffecti vc during a tern of this Agreement, the increase is prorated based , upon the number of
months remaining in the then current term of this Agrcernent. In the event of such a mid -term fee
increase, the User agrees to pay the total, prorated fee increase on or before thirty (30) days after
the effective date of the fee increase. User agrees to pay the County the entire amount owed from
0 C.A. File No. 84,339/Page 5 of 8
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® the fee increase within thirty (30) days of receivi»g notice. Said notice may be in the form of an
invoice.
X.
The term of this Agreement is one (1) year from the date this Agreement is executed by the
parties. This Agreement will automatically renew for another one -year term unless it is
terminated by either party giving the other party prior written notice of its intention to terminate
not less than sixty (60) days prior to the expiration of the term of this Agreement.
Notwithstanding the preceding, this Agreement terminates:
A. Immediately if all or substantially all of the authorizations held by the County or the User
are revoked by the FCC or its successor agency; or
R. Upon either party giving the other party thirty (30) days prior written notice of its intent
to terminate. Should the User ternunttte this Agreement as provided in this paragraph, the
User agrees that payment in full of any and all payments owed the County by the User is
a condition precedent to termination. Should either party terminate the Agreement, the
User should be entitled to a refund of the pro rata share of the User's prepay rent.
XT.
If the User fails to make any payment of any sum due under this.and such failure continues for
forty -fire (45) days after the County has given the User written notice of such failure, then the
User is in default under this Agreement_ In the event of the User's default, the County has the
right to terminate the Agreement, deny the User any service provided by the County under this
Agreement, and retain all moneys paid. to the County pursuant to the terms and conditions-of this
Agreement as liquidated damages. Each and all rights and remedies of the County and User are
cumulative to and not in lieu of each and every other such right and remedy afforded by law and
equity.
X11.
Should the County fail to perform as, provided under the tenns of this /agreement, the User's
remedies are termination of this Agreement and the County agrees to make a refund to.the User
of the portion of the pre -paid fee based upon that fractional part of the one -year term remaining
under this Agreement.
►�j
i
It is expressly understood and agreed that one hundred percent (100 %) coverage of any area at all
times is imprubable. There may be adverse transmission conditions such as short term,
unpredictable meteorological effects and sky wave interference from distant. stations that can
interrupt the Radio,Systein. Likewise, there are other causes beyond reasonable control of the
County, including but not limited to, motor ignition and other electrical noise that may be
minunized by corrective devices at the User's expense. Any surveys, studies, research or other
0 C.A. File No. 84,339/Page 6 of 8
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measures taken to ensure the adequacy of coverage provided to the User under this Agreement
are the sole responsibility and expense of the iJser.
KWA
All notices and communications permitted or required under this Agreement are to be mailed by
certified mail, return- receipt requested, to the following addresses:
FOR THE COUNTY: Commissioners COU11 Of .Harris County
Barris County Administration Building
1001 Preston, 9'1' Floor
Houston, Texas 77002 -1891
Attention: Clerk of Commissioners Court
with a copy to: 11arris County Central Technology Center
406 Caroline, 4`h Floor
Houstonjexas 77002 -2027
FOR THE USER: City.Manager
2401 Market Street
Baytown, Texas 77520
With a copy to: Communications Coordinator
3200 N. Main Street
Baytown, Texas 77521
These addresses can be changed upon giving prior written notice to the other. All-rnailcd notices
and communications are deemed given, and complete upon deposit in the United States Mail.
1MA
Neither party hereto shall Sell, assign, or transfer any of its rights or obligations under this
Agreement in whole or in part without prior written consent of the other'party. This agreement
shall hind and benefit the County and the User and shall not bestow any rights upon �uiy third
parties.
XV1.
This Agreement is governed by and construed according to the laws of the State of Texas. The
venue for any action or claim arising out of. this Agreement is Harris County, Texas. Failure of
either party hereto to insist on the strict performance of any of the agreements herein or to
exercise any rights or remedies accruutg thercunder.upon default or, failure of performance. sball
not be considered a waiver of the right to insist oti and. to enforce, by an appropriate reinedy,
strict compliance with any other obligation. hereunder or to exercise any right or remedy
occurring as a result of any future default or failure of performance.
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The User will pay its obligations hereunder frotn available current revenues.
Foul-11
This instrument contains the entire Agreement between the panties relating to the rights granted
and the obligations assumed. Any modifications concerning this Agreement are of no force and
effect unless in writing and executed by both parties, except for those modifications effectuated
pursuant to the provisions of Paragraph III (E).
1N n- STIMONY OF WRICII, this Agreement has been cxcctited in multiple originals, each to have .
the same force and effect, as follows-
A. It has been executed on behalf of Harris County on the day of ; 1999,
by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners
Court of Harris County, Texas, authorizing such execution, and
1:3. It has been executed on behalf of the City of Baytown, Harris County, Texas,-on the
day of , 1999 by its City Manager, pursuant to that procedure which
authorized such execution.
F,XECUfED IN TRIPLICATE ORIGINALS tlus __ day of , 1999.
APPROVED AS TO FORM:
MICHAEL P. FLEMING
County Attorney
bil
By Gl,�
SIMONE SCO WALKER
Assistant County Attorney
ATTEST:
By
E I LEEN P. HALL
City Clerk
C.A. File No. 84,339/Page 8 of 8
HARRIS COUNTY, TEXAS
BY�... __ .._.
ROBERT ECKELS
County Judge
CITY OF BAYTOWN, TEXAS
By
MONTE MERCER
City Manager
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ORDER AUTHORLZING THE COUNTY JUDGE TO EXECUTE AN AGREE iMEk
BETWEEN HARRIS CO'U-NTY AND THE CITY OF BAYTOWN
THE STATE OF TEXAS §
COUNTY OF 14ARRlS §
On this the _ day of _ , 1999, the Commissioners - Cobb', sitting as
the governing body of Harris County, texas, at a regular niecting, upon motion of (:4mmissinner
and seconded by Commissioner daily put and
carried,
1:1' IS ORDERED that the County Judgc be, and is, authorized to execute for and on
behalf of Harris County, an interlocai agreement between Harris County and 'Lhc City of
Baytown, Harris County, Texas for the use of the County's 800 Megahertz Public Safety Radio
System. This Agreement iS incorporated by reference and made a part of this Order for all
intcrits and purposes as though fully set forth word for word.
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