R2003-0005 01-13-03RESOLUTION NO. R2003-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY
FOR RENEWAL OF A RADIO COMMUNICATIONS AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain interlocal agreement by and between the City of Pearland
and Harris County, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a interlocal agreement with Harris County, for renewal of a
radio communications agreement.
PASSED, APPROVED and ADOPTED this the
A.D., 2003.
13th dayof January
TOM REID
MAYOR
ATTEST:
YO~NG'I'/~Cl'N~/// ,/
C~/¢ SE~ETARY~/
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2003-5
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
Pearland, a political subdivision of the State of Texas, acting by and through the governing body,
called "User."
For purposes of this Agreement, the following definitions apply:
mo
Mobile Digital Terminal
Mobile stationary or portable digital communications
themselves at certain air wave frequencies;
units communicating among
Bo
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;
Co
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;
Do
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 Center.
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;
Fo
Radio Unit:
Mobile, stationary, or portable radio communications units
themselves at certain air wave frequencies; and
communicating among
TSP C.A. File No. 03GEN0029 1
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.
II.
The County agrees that during the term of this Agreement, it will:
mo
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;
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;
Co
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;
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
Eo
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:
Assume all cost and responsibility for providing the Radio Units/Mobile Digital
Terminals that will have access to the County's Radio System;
Bo
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 II (B);
Co
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;
TSP C.A. File No. 03GEN0029 2
Do
Use the System Code Identification Number described in this Agreement to access the
County's radio system as a Primary Dispatch System; and
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.
F. Permit the County to use its radio tower site at the Pearland Police Department.
IV.
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:
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. H01UCF6PW1BN, or equivalent at the rate of Sixty-
one and 47/100 Dollars ($61.47) per radio, per month.
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. MO 1UGM6PW6AN or equivalent at the rate of Forty-seven
and 63/100 ($47.63) per radio per month.
Maintenance of each of the aforesaid radios at the rate of Eight and 25/100 Dollars
($8.25) per radio, per month.
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.
TSP C.A. File No. 03GEN0029 3
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
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.
Vo
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 County shall not charge to User access fees for the first one hundred and
twenty (120) radio units belonging to User that the County allows to access the County's system.
Commencing with User's radio unit one hundred twenty-one (121), the County shall begin
charging the User the requisite access fee for subsequent radio units placed on the County's
system. 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:
mo
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.
Bo
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
TSP C.A. File No. 03GEN0029 4
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.
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 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:
mo
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).
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
TSP C,A. File No. 03GEN0029 5
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.
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 Regional Radio System Division 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.
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:
Ao
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
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
TSP C.A. File No. 03GEN0029 6
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
party terminate the Agreement, the User is entitled to a refund of the pro rata
share of the User's prepayment.
XII.
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.
XIII.
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: All notices and communications must be mailed as follows:
Original to:
Harris County Central Technology Center
406 Caroline, 4th Floor
Houston, TX 77002-2027
TSP C.A. File No. 03GEN0029 7
AND
Copy to:
Commissioners Court of Harris County
Harris County Administration Building
1001 Preston, 9th Floor
Houston TX 77002-1891
Attention: Clerk of Commissioners Court
FOR THE USER:
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Attn: Tom Reid, Mayor
with a copy to:
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Attn: Steve Chapman, Fire Marshal
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.
XVII.
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.
TSP C.A. File No. 03GEN0029 8
XIX.
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 partibs except for those modifications effectuated
pursuant to the provisions of Paragraph III (E).
IN TESTIMONY OF WHICH, this Agreement has been executed in multiple originals, each to
have the same force and effect as follows:
Ao
It has been executed on behalf of Harris County on the __ of ~'[B 6 21303 .,
2003, 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 Pearland on the __ day of__
by its Mayor pursuant to that procedure which authorized such execution.
EXECUTED IN TRIPLICATE ORIGINALS, this the __ day o~l:.l:J""" 0 4 ZI],~003.
.,2003,
APPROVED AS TO FORM:
MIKE STAFFORD
County Attorney
Assistant County Attorney
HARRIS COUNTY, TEXAS
By: ~}
County Judge
By:
STEVE CHAP~
Fire Marshal
CITY OF PE,AR~D
TOM REID
Mayor
ATTEST:
{,JCity ~ecretary"
APPROVED:
DARRIN COKER
Pearland City Attorney
TSP C.A. File No. 03GEN0029
ORDER
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court
at the Harris County Administration Building in the City of Houston, Texas, on the day
of i~i:'11 gl ~l Otl~ ,2003, with the following members present, to-wit:
Robert Eckels
E1 Franco Lee
Sylvia Garcia
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct No. 2
Commissioner, Precinct No. 3
Commissioner, Precinct No. 4
and the following members absent, to-wit:
quorum, when among other business, the following was transacted:
, constituting a
ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN
HARRIS COUNTY AND THE CITY OF PEARLAND
Commissioner ~.,~,~m~,~q~ntroduced an order and made a motion
that
the same be adopted· Commissioner~ seconded the motion for adoption
of the order. The motion, carrying with it the adoption of the order, prevailed by the following
vote:
Yes No Abstain
Judge Eckels ~ [] []
Comm: Lee I [] []
Comm. Garcia [] []
Comm. Radack [] []
Comm. Eversole~ [] []
AYES:
NAYS:
ABSTENTIONS:
The County Judge thereupon announced that the motion had duly and lawfully
carried and that the order had been duly and lawfully adopted. The order thus adopted follows:
IT IS ORDERED that the County Judge be, and is, authorized to execute for and on
behalf of HarriS County, an agreement between Harris County and the City of Pearland for the
use of Harris County's 800 MHz Public Safety Radio Systems. This agreement is incorporated
by reference and made a part of this Order for all intents and purposes as though fully set forth
word for word.
Presented to Commissioner's Court
TSP C.A. File No. 03GEN0029
10
· FEB 0 zt 2003'
APPROVE.
Recorded Vol,~Page__
HARRIS COUNTY, TEXAS
CENTRAL TECHNOLOGY
STEVEN W. JENNINGS
Executive Director
February 7, 2003
Mr. Young Lorfmg, City Secretary
City of Pearland
3 519 Liberty Drive
Pearland, Texas 77581
REF: Agreement between Harris County and the City of Pearland
For use of Harris County's 800 Megahertz Radio System
Dear Mr. Lorfmg:
Attached please find a fully executed copy of the agreement related to the above referenced
matter. Harris County has retained a copy for our records.
Should you have any questions or require any additional information, do not hesitate to contact
Craig Bernard at 713-755-5998 or Rosie Flores at 713-755-1028.
Respectfully submitted,
ven W. Jennings
Executive Director
rlf
Attachments
e.6
•
cc: Mr. Darrin Coker, City Attorney, City of Pearland
Craig Bernard, Division Chief, Regional Radio System, HCCTC
Annette Briggs, Division Chief, Financial & Administrative Services, HCCTC
Charmaine Madison, Accounting Division, Auditor's Office
City of Pearland — ILA File
Chron File
HARRIS COUNT
CENTRAL TECHNOLOGY
ECHNOLOGY
Rosie L. Flores
Interlocal Administrative Coor '
Financial & AdministratiVe Sen'Ices rvicesr
406 Caroline St., 4th F1.
Houston, Texas 77002
406 Caroline Street, 4th Floor • Houston, Texas 77002-2027 • rnu.«
713-755-1028
Fax: 713-755-2328
rosie_flores@co.harris.tx.us
Fax 713- 755-893 0 • ctc@co.harris.tx.us • www.ctc.co.harris.tx.us