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Ordinance No. 9,386ORDINANCE NO. 9386 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, 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 AIRTIME AND PROGRAMMING SERVICES; AUTHORIZING PAYMENT THEREFORE IN THE AMOUNT NOT TO EXCEED SEVEN THOUSAND FIVE HUNDRED AND NO 1100 DOLLARS ($7,500.00); 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 City Manager to execute and City Clerk to attest to an Interlocal Agreement with Harris County for the purchase of airtime and programming services for the Harris County Organized Crime and Narcotics Task Force. 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 hereby authorizes payment in an amount not to exceed SEVEN THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($7,500.00) to Harris County in accordance with the agreement authorized in Section 1 hereof. 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 TWENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($25,000.00) or less, provided that 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 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 11 th day of July, 2002. AA C, et-g PETE C. ALFARO, Mayor ATTEST: COY 'All SMITH, City Clerk APPROVED AS TO FORM: CTt&ACIO RAMIREZ, `• Attorney FAKarenTilesTity Council\OrdiivancesUnterlocalAgreementWithHarrisCounty4RadioSystem doc C is AGREEMENT STATE OF 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, Texas, Trustee for the Harris County Organized Crime Narcotic Task Force, a political subdivision of the State of Texas, acting by and through the governing body, called "User." I. For purposes of this Agreement, the following definitions apply: A. Mobile Digital Terminal Mobile stationary or portable digital communications units communicating among themselves at certain airwave frequencies; B. Primary Dispatch System: A communications system upon which the User, its agents, employees or assigns rely primarily when it desires or attempts the engagement of radio communications or radio transmissions of energy amount 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 Terminals seeking use simultaneously; D. SmartZone Regional Radio System: Combination of multiple Trunked 800 Megahertz Radio System(s) in and about Harris County operating under a single centralized controller as a regional radio system and managed by Harris County Central Technology. E. Radio System: A trunked 800 Megahertz Public Safety Radio System owned by Harris 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; F. Radio Unit: Mobile, stationary, or portable radio communications units communicating among themselves at certain air wave frequencies; and Interlocal Agreement, Page A Melissa Barloco 02GEN0975 ® G. System Code Identification Number: An identification number that allows Radio Units/Mobile Digital Terminals to gain access to the Radio System to enable the Radio Units to communicate among themselves at certain airwave frequencies. R. 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 Systems Code Identification Number that will access it 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 Units/Mobile Digital Terminals combined; 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 from 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 Access to the Radio System for the User as that afforded the County. III. During the term of this Agreement, the User agrees to: A. Assume 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 prior 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 H (B); C. Notify the County that one or more of its Radio Units Mobile Digital Terminals have ® been lost or stolen within twenty —four (24) hours of knowing that the Radio Units/Mobile Digital Terminals have been lost or stolen; Interlocal AQ;reement, Page 2 Melissa Barloco 02GEN0975 ® D. Use the System Code Identification Number described in this Agreement to access the County's radio system as a Primary Dispatch System; and 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 effective and have been delivered to User. Further, the User acknowledges that, should any of these statutes, rules, regulations or administrative rules change during the term of this Agreement and if the change necessitates a modification of the Agreement, the modification may be effectuated by the County without incurring any liability for this modification. Should any change in the applicable statutes, rules, regulations or administrative rules necessitate modification of this Agreement, the County shall notify the User of any such change within thirty (30) days of such date that the County becomes aware of the change. The user has thirty (30) days to review and agree to any changes made to this Agreement. W. To the extent the County owns Radio Units that are not 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. LTS2000 Portable Motorola radio, Model No. H10UCH6DC5BN, or equivalent at the rate of Forty -three and No /100 Dollars ($43.00) per radio, per month or MTS2000 Portable Motorola radio, Model No. HO 1 UCF6PW I BN, or equivalent at the rate of Sixty - one and 47/100 Dollars ($61.47) per radio, per month. B. LCS2000 Mobile Motorola radio, Model No. M10UGD6DC5AN, or equivalent at the rate of Forty -five and 75 /100 Dollars ($45.75) per radio, per month, or MCS2000 Mobile Motorola radio, Model No. M01UGM6PW6AN or equivalent at the rate of Forty -seven and 63 /100 ($47.63) per radio per month_ C. Maintenance of each of the aforesaid radios at the rate of Eight and 25/100 Dollars ($8.25) per radio, per month. D. If the User leases the Radio Units from the County, the County will not charge the User for airtime. 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 malfunctioning unit for maintenance at the County's Central Technology Center. During the period it takes to Interlocal Agreement, Page 3 Melissa Barloco 02GEN0975 • perform the maintenance, the County agrees to provide the user with a functioning radio to replace the one being maintained. 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 use of the radio, the User is responsible to the County for any and all repairs and/or replacement that is required. Upon termination of this Agreement, the User agrees to return all the leased period equipment 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 System 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 the Radio Units then in service. Should the User change the number of Radio Units in service during the 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 additional Radio Units for the time remaining in the then current term at least ten (10) days before the User obtains access 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 Agreement 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 County 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 Units(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 of Eight and 75/100 Dollars ($8.75). In any instance in which the County performs Radio Unit programming services, the User agrees to pay the county the entire amount owed for the programming of Radio Units within thirty (30) days of the invoice date of such services. Interlocal Agreement, Page 4 Melissa Barloco 02GEN0975 0 VII. u 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 access to the Radio system provided in this Agreement at a rate of Ninety and No /100 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 term of the agreement, based upon the number of Mobile Digital Terminals then in service. Should the User change the number of Mobile Digital Terminals in service during the term 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 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 Mobile Digital Terminal(s) for the 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). B. In the event the number of Mobile Digital Terminal(s) 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 fees. 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 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's 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. Interlocal Agreement, Page 5 Melissa Barloco 02GEN0975 w ,x To the extent resources are available and solely at its discretion, the County may provide radio equipment maintenance upon request of User at the rate of $8.25 per radio, per month. The County agrees to cover radio equipment under maintenance until such time the County determines the radio equipment is beyond repair, or until repair parts can no longer be obtained. If User desires to purchase maintenance at the time radio equipment is added to the County's Radio System, the County agrees to waive the initial programming fee. All other fees apply. Maintenance of radios may be canceled by either party upon 30 days written notice to the other party. User agrees to contact County's Radio Communications Services before ordering services to obtain a current list of what is and what is not covered by the maintenance fee. User understands that County may change this list without notice. Solely at the discretion of the County, User may purchase certain additional parts and accessories from County at a price set by the County. County agrees to invoice User after the parts and/or accessories are supplied to User. User agrees to pay the invoice within thirty (30) days of the invoice's date. X. 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 fees at lease ninety days (90) before the effective date of the proposed increase. Should such increase become effective during a term of this Agreement, the increase is prorated based upon the number of months remaining in the then current term of this Agreement. In the event of such 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 the fee increase within thirty (30) days of receiving notice. Said notice may be in the form of an invoice. XI. This Agreement shall commence on the date this Agreement is executed by the parties. The term of this Agreement is one (1) year from the date this Agreement is executed by the parties. Thereafter, this Agreement will automatically renew for successive one -year terms 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 authorization held by the County or other User are revoked by the FCC or its successor agency; or B. Upon either party giving the other party thirty (30) days prior written notice of its intent to terminate. Should the User terminate this Agreement as provided in this paragraph, the User agrees that the payment in full of any and all payments owed ® the County by the User is a condition precedent to termination. Should either Interlocal Agreement, Page 6 Melissa Barloco 02GEN0975 party terminate the Agreement, the User is entitled to a refund of the pro rata share of the User's prepayment. If the User fails to make any payment of any sum due under this and such failure continues for forty -five 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. am Should the County fail to perform as provided under the terms 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. XIV. It is expressly understood and agreed that one hundred percent (100 %) coverage of any area at all times is improbable. There may be adverse transmission condition such as short-term unpredictable meteorological effects and sky wave interference from distant stations that can interrupt the Radio System. 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 minimized by corrective devices at the User's expense. Any surveys, studies, research or other measures taken to ensure the adequacy of coverage provided to the User under this Agreement are the sole responsibility and expense of the User. Xv. 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: County Commissioners Court of Harris County Harris County Administration Building 1001 Preston, 91h Floor Houston TX 77002 -1891 Attention: Clerk of Commissioners Court with a_ copy to: Harris County Central Technology Center 406 Caroline, 4`h Floor Houston, TX 77002 -2027 Interlocal Agreement, Page 7 Melissa Barlow 02GEN0975 L E FOR THE USER: City Manager City of Baytown 2401 Market Street Baytown, TX 77520 with a copy to: Communications Coordinator City of Baytown 3200 Main Street Baytown, TX 77521 These addresses can be changed upon giving prior written notice to the other. All mailed notices and communications are deemed given and complete upon depositing them in the United States Mail. XVI. 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 bind and benefit the County and the User and shall not bestow any rights upon any third Party- XV II. This Agreement is governed by and construed according to the laws of the State of Texas. The venue of 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 accruing there under upon the default or failure by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any rights or remedies occurring as a result of any future development or failure of performance. XVIII. The User will pay its obligations hereunder from available current revenues. "o This instrument contains the entire Agreement between the parties relating to the rights granted and the obligation 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). Interlocal_AQreement, Page 8 Melissa Barloco 02GEN0975 • IN TESTIMONY OF WHICH, this Agreement has been executed 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 of , 2002, by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County, Texas authorizing such execution; and B. It has been executed on behalf of the City of Baytown, Harris and Chambers Counties, Texas on the day of , 2002, by its City Manager pursuant to that procedure which authorized such execution. EXECUTED IN TRIPLICATE ORIGINALS, this the APPROVED AS TO FORM: MIKE STAFFORD County Attorney ., 9 c� MELL SA L. BARLOCO Assistant County Attorney ATTEST: GARY W. SMITH City Clerk day of , 2002. HARRIS COUNTY, TEXAS ROBERT ECKELS County Judge CITY OF BAYTOWN, TEXAS: TRUSTEE FOR THE HARRIS COUNTY ORGANIZED CRIME NARCOTIC TASK FORCE GARY JACKSON Interim City Manager Interlocal Agreement, Page 9 Melissa Barloco 02GEN0975