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Ordinance No. 11,620ORDINANCE NO, 11,620 AN ORDINANCE 01" CITY COUNCIL OFTHE CITY OFBAYTOWN,'rEXAS, AUTHORIZING A LEFTE"R OF INTENT' AND AGREIFINIFNTIN PRINCIPLE WITH I IARRIS COUNTY CONCERNING A REGIONAL PUBLIC SAl"ETY BROADBAND NEE -TWORK; AND PROVIDING 1`01t]"HEI EFFECTIVE DATE"ITIEREOF. BE, ITORDAINED BY °I CH"YC',0UNCIL OF'rHE CITYOF BAYTOWN,TE'XAS: Section 1: That the City Council ofthe City of Baytown, Texas. hereby authorizes the City Manager to execute and the City Clerk to attest to a Letter of Intent and Agreement in Principle with Harris County concerning as regional public safely bro,adband network. A copy of the agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take ef'f*cct immediately from and after its passage by thc City Council of the City ot'Baytown. INTRODUCED, RE'AD and I"ASSED by the affirmative vote of Baytown this the 14"' day ofApril, 2011. ATI� City �Y; A k APPROVE'D ASTO FORM: Atorney liis�� WIlavenl"HeSX)IN, Councit`,Ordinances\201 1"April 14,1,010rdimmcc,doc Council of the City of, CAR OS, Mayor Exhibit "A" LETTER OF INTENT AND AGREEMENT IN PRINCIPLE STATE OF TEXAS § COUNTY OF HARRIS § WHEREAS, Harris County (the "County") desires to design and install a Long -Term Evolution/Broadband Interoperability Gateway Network East Texas, A Public Safety Broadband mobile data and voice transmission system ( "BIGNET "); and WHEREAS, it is expected that as a result of the BIGNET project, a primary dispatch system will be created, which will enable the City of Baytown (the "City") and other governmental entities to utilize interoperable data communications system; and WHEREAS, the County desires the City to be an active participate in the pilot phase of the BIGNET Project and an active partner in the resulting system; and WHEREAS, the County and the City are committed in mutual support to creating LTE /BIGNET in Harris County with the initial element of this system being developed and activated in the City; and WHEREAS, as proposed for the pilot phase, the County's BIGNET program will entail the following six (6) reception and broadcast sites within the City: 1. Baytown North Main Tower (294913.40N 9457 0.76W); 2. T- Mobile Pinehurst Tower (29481.89N 945422.86W); 3. T- Mobile McElroy Park Tower (294615.20N 950043.50W); 4. T- Mobile Evergreen Rd. Tower (294239.00N 945712.00W); 5. T- Mobile TX99 Tower (294346.58N 945327.81 W); and 6. Harris County WARFN_H Tower (294724.97N 95337.62W); NOW THEREFORE, Harris County and the City of Baytown desire to enter into a Letter of Intent ( "LOI ") setting forth the following intentions of the parties to identify the roles and responsibilities of the entities during the pilot phase of the SIGNET Project: 1. Harris County's Responsibilities. Harris County proposes to provide the following to establish its BIGNET program in the City: (a) Six eNodeB sites each with three sector radiators; (b) The fiber optic network connectivity to the BIGNET core; (c) BIGNET hardware /software core; (d) Core system management; Letter of Intent. Page 1 (e) Core system maintenance; (f) Redundant microwave radio equipment maintenance; and (g) Monthly or other periodic billing cycle access costs for Internet. 2. Consideration. As consideration for the City's participation in the County's BIGNET Project, the County agrees the City is a key partner in this BIGNET project and will be granted the following rights: (a) Access to the data and voice transmission system at rates equal to or less than current per capita operating expenses; (b) No additional roaming charges for Baytown system users that travel outside the BIGNET system unless such charges are levied upon all system users: (c) Recognition of the City as a key partner in all publications, presentations, and future grant applications and awards relating to the BIGNET project; and (d) Voting representation on any executive board and/or management committee dealing with BIGNET expansion, acquisition, operations or management activities. 3. City of Baytown's Responsibilities. The City proposes to provide the following to establish the BIGNET system in the City: (a) Access to the following five (5) communications towers for the installation of 3 - 1201 sector radiators on each: (1) Baytown North Main Tower (294913.40N 9457 0.76W); (2) T- Mobile Pinehurst Tower (29481.89N 945422.86W); (3) T- Mobile McElroy Park Tower (294615.20N 950043.50W); (4) T- Mobile Evergreen Rd. Tower (294239.00N 945712.00W); and (5) T- Mobile TX99 Tower (294346.58N 945327.81 W); (b) Three (3) diesel powered, single phase generators of adequate capability, with fuel tanks and automatic transfer switches, which generators will be located at the following sites: (1) Baytown North Main Tower; (2) T- Mobile TX99 Tower; and (3) T- Mobile Evergreen Rd. Tower; (c) Elevated equipment platform at the T- Mobile TX99 Tower site sized to support the eNodeB equipment; Letter of Intent, Page 2 (d) Approved communications equipment shelter at the Baytown North Main Tower; (e) Installation of fiber optic network connectivity from the to the eNodeB equipment at four sites (1-4) as listed in Section 3(a) of this LOI. (f) Monthly or other periodic billing cycle access costs for fiber optic network connectivity at four sites (1 -4) as listed in Section 3(a) of this LOI above with initial bandwidth of 1MB during the test phase with an anticipated increased bandwidth to LOMB upon operational status; (g) Installation of microwave `backhaul' for connection from T- Mobile TX99 Tower to T- Mobile Evergreen Rd. Tower; and (h) Maintenance costs for the generators and private fiber optic cables installed under the provisions of this LOI. The foregoing represents the understanding of the parties as of the date hereof and constitutes an agreement in principle only. Final details of the BIGNET project are subject to further review and confirmation. This is not intended as a contract, and none of the intentions expressed shall be deemed binding upon the parties hereto or any of them, until and unless reduced to contractual form with appropriate consideration. EXECUTED by a duly authorized representative of Harris County on this the day of , 2011, and by a duly authorized representative of the City of Baytown on this the day of , 2011. HARRIS COUNTY By: ED EMMETT County Judge Date Signed: _ APPROVED AS TO FORM: VINCE RYAN County Attorney By: RlkarenlFiles \Conuacts\BIGNEIRLETTER OF tNTENT.doc Letter of Intent, Page 3 CITY OF BAYTOWN By: ROBERT D. LEIPER City Manager Date Signed: ATTEST: LETICIA BRYSCH City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney By: