Ordinance No. 11,931ORDINANCE NO. 11,931
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR
THE LONG TERM EVOLUTIONBROADBAND INTEROPERABILITY GATEWAY
NETWORK EAST TEXAS ( "LTEBIGNET ") PROJECT SUBJECT TO THE CITY'S
SECURING LEGAL AUTHORITY FOR THE COUNTY TO INSTALL ITS
EQUIPMENT ON THE DESIGNATED TOWERS; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FIFTY
THOUSAND AND NO /100 DOLLARS ($50,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That subject to the City's securing legal authority for the County to install its
equipment on the designated towers, the City Council of the City of Baytown, Texas, hereby authorizes
the City Manager to execute an Interlocal Agreement with Harris County for the Long Term
Evolution/Broadband Interoperability Gateway Network East Texas ( "LTEBIGNET ") Project. A copy
of said agreement is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Harris
County of an amount not to exceed FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00)
pursuant to the Agreement.
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 FIFTY THOUSAND AND NO /100 DOLLARS
($50,000.00) or less; however, 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. /J
INTRODUCED, READ and PASSED by the affirmative v7,,61 the City Council of the City of
Baytown this the 26h day of April, 2012.
ACIO RAMIREZ, SR., C 01ttorney
H. DONCARL05, Mayor
\ \Cobfs0I \legal\Karen\Files \City Council \Ordinances \2012\April 26\lnt erlocalwithNarrisCounty4LTEBIGNET .doc
Exhibit "A"
INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY
OF BAYTOWN
STATE OF TEXAS §
COUNTY OF HARRIS §
This Interlocal 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, Harris and Chambers Counties, Texas, a political
subdivision of the State of Texas, acting by and through its governing body, called
"City." This Interlocal Agreement is entered into pursuant to the Interlocal Cooperation
Act, TEX. Gov'T CODE ANN. §§ 791.001— 791.030. The County and the City are referred
to herein collectively as "Parties" and individually as a "Party."
I.
For purpose of this Agreement, the following definition shall apply:
LTE /BIGNET:
Long Term Evolution/Broadband Interoperability Gateway Network East
Texas. A Public Safety Broadband mobile data and voice transmission
system.
II.
The County and the City are committed in mutual support, to creating LTE /BIGNET in
Harris County with an element of this system being developed and activated in Baytown.
The initial installation of equipment, as defined in Article II, will be placed on 5
reception and broadcast sites located in Baytown and the immediate vicinity of Baytown,
as follows:
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).
III.
Subject to the prior written approval of the City, the County will install the following
equipment on the listed sites in Article II:
Interlocal Agreement, Page 1
1. Five eNodeB systems each including three sector radiators;
2. The fiber optic network connectivity to the LTE /BIGNET core;
3. The LTE /BIGNET hardware /software core;
4. Core system management;
5. Core system maintenance;
6. Redundant microwave radio equipment and maintenance, as
permitted; and
7. All monthly or periodic billing cycle costs.
IV.
Baytown will provide the following equipment to support the LTE /BIGNET system in
Baytown:
1. Letter of authorization upon receipt of all required documentation
required by T- Mobile, access to five sites (1 -5) communications
towers, as identified in Section II above, for the installation of 3 -
120° sector radiators on each tower;
2. Generators of adequate capacity at the five sites identified in
Section II above.
3. Concrete slab, communications shelter or elevated equipment
platform at all sites sized to support the eNodeB equipment;
4. Approved communications equipment shelter at the Baytown
North Main Tower.
5. Maintenance costs for the generators installed under the provisions
of this agreement
V.
The City represents that it either owns in fee simple or has secured legal authority for the
County to install its equipment on the designated towers. All County installed equipment
is the property of the County and shall remain the property of the County. In the event
that this Agreement expires or is terminated, the City is automatically noticed that the
County will remove its equipment, and the County shall have sixty (60) days after
expiration or termination to remove its equipment. All equipment that the County fails to
remove within the sixty (60) day period shall be deemed abandoned, and the City, at its
election, has the right to take possession of such equipment or charge the County for the
removal of the same. Payment shall be due within thirty (30) days after receiving an
invoice therefor from the City. Interest shall accrue on delinquent amounts pursuant to
Section 2251.025 of the Texas Government Code.
Interlocal Agreement, Page 2
VI.
The term shall begin upon the later approval by the Parties' governing bodies and will
remain in force and effect unless earlier terminated for one (1) year, which term may be
extended for four additional one -year periods upon written approval of both Parties made
at least sixty (60) days in advance of the expiration of the Agreement; provided, however,
that this Agreement shall automatically terminate, during the original term or any
extended term thereafter, thirty (30) days after the Federal Communications Commission
issues a waiver for a permanent license. This Agreement may be terminated by either
Party with sixty (60) days' written notice to the other Party.
VII.
The City shall not at any time be liable for injury or damage occurring to any person or
property from any cause whatsoever arising out of or in connection with the County's
installation, operation, maintenance, repair, or use of its equipment on the City's property
and/or the communication towers located thereon. The County assumes the total risk of
any loss associated with the installation, operation, maintenance, repair, or use of its
equipment and undertakes its obligations hereunder assuming all risk of dangerous
conditions whether patent or latent, obvious or undiscoverable, and regardless of whether
either Party should have known of such dangerous conditions, if any, on or about the real
and personal property to which the County has access under this Agreement.
The County shall be responsible for all damage to the real and/or personal property of the
City together with that of T- Mobile and other third parties who have been granted prior
authorized use of the sites identified in Article II hereinabove occasioned by installation,
operation, maintenance, repair, use, or removal of the County's equipment pursuant to
this Agreement. If the City's property that is damaged is not repaired or replaced in a
timely manner, the City may do so at the County's sole cost and expense. If the City
repairs or replaces its damaged property caused by the County, the County shall pay the
City the cost thereof within thirty (30) days after receiving an invoice therefor. Interest
shall accrue on delinquent amounts pursuant to Section 2251.025 of the Texas
Government Code.
VIII.
This Agreement represents the initial agreed upon terms to facilitate installation with the
anticipation that an additional agreement will be completed which will outline the
responsibilities of each Party, including, but not limited to, annual recurring costs relating
to items such as network connectivity, maintenance responsibilities, network
subscription, and services.
Interlocal Agreement, Page 3
IX.
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 Court of Harris County
Harris County Administration Building
1001 Preston, 91h Floor
Houston, Texas 77002 -1891
Attention: Clerk of Commissioners Court
with a copy to: Harris County Purchasing Agent
1001 Preston, Suite 670
Houston, Texas 77002 -1890
Attn: Patty Kenyon
FOR THE CITY: City Manager
City of Baytown
2401 Market Street
Baytown, Texas 77520
with a copy to: Director of Information Technology Services
City of Baytown
2401 Market Street
Baytown, Texas 77520
These addresses can be changed upon giving prior written notice to the other. All mailed
notices and communications are deemed given and complete three (3) days after deposit
in the United States Mail.
a
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 City and shall not bestow any rights
upon any third parties.
XI.
The Parties shall at all times comply with all federal, state and local laws, ordinances and
regulations as they now exist or may hereafter be enacted or amended in performing their
obligations hereunder. The 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.
Inted0cal Agreement, Page 4
XII.
This Agreement is governed by and constructed 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 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
or to exercise any right or remedy occurring as a result of any future default or failure of
performance.
XIII.
The Parties will pay for their respective obligations hereunder from available current
revenues. Nothing in the Agreement shall be construed as creating any personal liability
on the part of any officer, director, employee, or agent of any public body that may be a
Party to the Agreement, and the Parties expressly agree that the execution of the
Agreement does not create any personal liability on the part of any officer, director,
employee, or agent of either Party. The Parties agree that no provision of this Agreement
extends the County's or the City's liability beyond the liability provided in the Texas
Constitution and the laws of the State of Texas.
"
The Agreement may be executed in several counterparts. Each counterpart is deemed an
original. All counterparts together constitute one and the same instrument. Each Party
warrants that the undersigned is a duly authorized representative with the power to
execute the Agreement.
XV.
This instrument contains the entire Agreement between parties relating to the rights
granted and the obligations assumed. Any modifications concerning this Agreement are
of no force and effect unless in writing.
IN TESTIMONY OF WHICH, this Agreement has been executed in multiple originals,
each to have the same force and effect, as follows:
Interlocal Agreement, Page 5
A. It has been executed on behalf of Harris County on the day of
" 2012, 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 , 2012 by its City
Manager, pursuant to that procedure which authorized such execution.
HARRIS COUNTY
THE CITY OF BAYTOWN, TEXAS
By:
By:
ED EMMETT
ROBERT D. LEIPER
COUNTY JUDGE
CITY MANAGER
APPROVED AS TO FORM:
APPROVED AS TO FORM:
VINCE RYAN
COUNTY ATTORNEY
By:
By:
Barbara Smith Armstrong
IGNACIO RAMIREZ, SR.
Assistant County Attorney
CITY ATTORNEY
C.A. File 12GEN0573
Interlocal Agreement, Page 6