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R97-20 03-31-97RESOLUTION NO. R97-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH HARRIS COUNTY FOR USE OF HARRIS COUNTY'S 800 MEGAHERTZ PUBLIC RADIO SYSTEM. BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement by and between the City of Pearland and Harris County, 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 Mayor is hereby authorized to execute and the City Secretary to attest the three originals of the attached agreement for and on behalf of the City of Pearland for use of Harris County's 800 Megahertz Public Radio System. PASSED, APPROVED and ADOPTED this the ~,~l.~:>'~'day of ~/~~_ , A.D., 1997. ATTEST: APPR~D AS TO FORM: CITY ATTORNEY TOM REID MAYOR HA~B. IS GC)UNTY ~' INF©RMATION TECHNOLOGY CENTEK ITC ITC Steven W. Jennings, Executive Director July 30, 1997 Commissioners' Court Harris County Administration Building 1001 Preston, 9th Floor Houston, Texas 77002 Regarding: Reference: Transmittal Hillcrest Village Marshal's Office City of Pearland Members of Commissioners Court: Transmitted herewith and pursuant to the requests by Hillcrest Village Marshal's Office and the City of Pearland; for use of the Harris County 800 Mhz Radio System are three (3) each original copies of the Interlocal Agreement prepared by the County Attorney's Office and signed by the above referenced officials. The Information Technology Center respectfully requests the signature of Judge Eckels and the County Attorney. RespecEully submitted, ~tev'&'W. Jennings i/ Executive Director Presented to Commissioners' Court :.,.,,.: ;~- 1997 APPROVE L~-~ Recorded Vol Ps. ge_~ SWJ:stt Attachment cc: Jeanne Pantermuehl, Director, T&RS Division, HCITC Larry Orr, Division Chief, Radio Comm. Services, T&RS Div., Craig Bernard, Manager, Radio Services Division, HCITC Annette Briggs, Manager, Financial & Administrative Services, Shelia Tasby, Financial Services Administrator, F&AS, HCITC For inclusion on Court Agenda dated 05 August 1997. 406 Caroline, 4th Floor Houston, Texas 77002-2027 Phone 713 755 6621 Fax 713 755 8930 AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This Agreement, made and entered into by and between Harris County, a body corporate and politic under the laws of the State of Texas (hereinafter sometimes referred to as "County"), and the City of Pearland, (hereinafter sometimes referred to as "User"). WITNESSETI-h WHEREAS, the County has a trunked 800 Megahertz Public Radio System and is duly licensed by the Federal Communications Commission (hereinafter referred to as "FCC") for the operation of same; and WHEREAS, the User desires to utilize the County's 800 Megahertz Public Radio System for its own law enforcement, fire protection, and emergency service purposes; and WHEREAS, the County desires to accommodate additional radio units on its trunked 800 Megahertz Public Safety Radio System and is willing to cooperate with the User to effectuate its usage of the system for said law enforcement, fire protection, and emergency service purposes; and WHEREAS, the County and the User are authorized to enter into an agreement for the provision of such services pursuant to and under the provisions of Tex. Gov't Code Ann. §791.001 et seq (Vernon 1994), also known as "The Interlocal Cooperation Act"; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements, and benefits to both parties, it is agreed as follows: For purposes of this Agreement, the following definitions shall apply: ho Mobile Digital Terminal - Mobile, stationary or portable digital communication units communicating among themselves at certain air wave frequencies; Primary 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; Go Priority Access - An assigned level of system access which determines the choice of access to the radio system between two or more units seeking use simultaneously; Do Radio System - A trunked 800 Megahertz Public Safety Radio System owned by Harris County, Texas, and licensed by the FCC that enables the engagement of radio communications or radio transmissions of energy via radio units in accordance with technical specifications; Radio Unit - Mobile, stationary or portable radio communication units communicating among themselves at certain air wave frequencies; and Systems Code Identification Number - An identification number that allows Radio Units to gain access to the Radio System thereby enabling the Radio Units to communicate among themselves at certain air wave frequencies. II. The County agrees that during the term of this Agreement, it shall: ho Allow the User to have access to its Radio System to engage in radio communication among its Radio Units/Mobile Digital Terminals as a Primary Dispatch System; go Provide the User with a Systems Code Identification Number which will access the County's Radio System, thereby providing a Primary Dispatch System for the User's Radio Units/Mobile Digital Terminals, for up to a maximum of three hundred (300) Radio Units; Go Observe and abide by all applicable statutes, laws, rules and regulations, including but not limited to those of the FCC, as well as those applicable administrative rules of the County which are now in effect or which may become 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/stolen, take all reasonable actions to prevent any of the User's lost/stolen Radio Units/Mobile Digital Terminals from gaining access to the Radio System (including attempting to disable the lost/stolen Radio Unit/Mobile Digital Terminal); and Provide the same level of Priority Access to the Radio System for the User as that afforded the County. III. The User agrees that during the term of this Agreement, it shall: ho Assume all cost and responsibility for providing the Radio Units/Mobile Digital Terminals which 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 - 2 - that have access to the County's Radio System. However, notwithstanding the previous sentence, in no event shall the User increase the number of Radio Units/Mobile Digital Terminals above the maximum number of units set forth in Paragraph II (B), above; Notify the County that one or more of its Radio Units/Mobile Digital Terminals have been lost/stolen within twenty-four (24) hours of the User's knowing or having reason to know that said Radio Units/Mobile Digital Terminals have become lost/stolen; Use the System Code Identification Number described herein 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, as well as those applicable administrative rules of the County which are now in effect or which may become effective during the term of this Agreement. Further, the User acknowledges that, should any of these statutes, rules, regulations, or administrative rules change during the term of this Agreement and said change necessitates a modification of tiffs Agreement, said modification may be effectuated by the County without incurring any liability for such modification. IV. To the extent that the County owns Radio Units which are not needed by the County for its own use of the use of parties contracting with the County, the User may elect to use County Radio Units and in such event, the County will provide the User with the following equipment and/or services related to the equipment at the unit rate indicated: Portable Motorola radios, 800 MHz - Model No. H25JKH51C5AN, or equivalent, at the rate of Forty-three and No/100 Dollars ($43.00) per radio, per month, or, Model No. H35WPA5170CN, or equivalent, at the rate of Sixty-one and 47/100 Dollars ($61.47) per radio, per month. Maxtract Mobile Motorola radio, Model No. D35MWA5GC3AK, or equivalent, with Control Station Package (including power supply module B665), at the rate of Forty-five and 75/100 Dollars ($45.75) per radio, per month, or, SPECTRA Mobile radio Model D35ZXASJCSAK, or equivalent, at the rate of Forty-seven and 63/100 Dollars ($47.63), per radio, per month. Maintenance for each of the aforesaid radios at the rate of Eight and 25/100 Dollars ($8.25) per radio, per month. If the User leases that aforesaid Radio Units from the County, the User will not be charged for air time. It is expressly understood and agreed that the User shall prepay the total fees for the entire year at the beginning of each term of this Agreement. - 3 - The leased radios provided by the County hereunder will be new or in like-new condition. In the case of a malfunctioning radio, the User will present the malfunctioning unit for maintenance at the County's Information Technology Center. During the period it takes to perform the maintenance, the County will 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 of same or other actions which are outside the scope of normal, reasonable use of the radio, the User shall be responsible to the County for any and all repairs and/or replacement which are required as a result of such abuse. Upon termination of this Agreement, the User shall return all the leased radio equipment described herein to the County. Ve In the event the User does not use County Radio Units pursuant to Paragraph IV of this Agreement and uses Radio Units obtained from any other source to access the County's Radio System, it is expressly understood and agreed that the User shall pay the County for the access to the Radio System provided herein at a rate of Ninety and No/100 Dollars ($90.00) per radio, per year. The User expressly agrees that said yearly charges shall be prepaid 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 the term of this Agreement, the following provisions shall apply: In the event the number of Radio Units in service increases during a term of this Agreement, the charge for each additional Radio Unit will be based upon the remaining fractional part of the current one-year term of this Agreement. The entire amount owed for the additional Radio Units for the time remaining in the then current term shall be prepaid to the County at least fifteen (15) days prior to the User obtaining access to the Radio System with the additional Radio Units. In the event the number of Radio Units in service decreases during a term of this Agreement, the County will either allow a credit or make a refund to the User of a portion of the prepaid fee. The credit/refund allowed will be based upon that fractional part of the one-year term remaining under this Agreement. Said credit/refund will be effectuated 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. Vie When the User does not use County Radio Units supplied pursuant to Paragraph VI of this Agreement and instead uses Radio Units obtained from any other source to access the County's Radio System as provided in Paragraph V of this Agreement, it is expressly understood and agreed that the User shall 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 Unit(s) require maintenance which 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 Radio Unit programming services are performed by the County, the entire amount owed for the programming of Radio Units shall be paid to the County within thirty (30) days of the invoice date for such services. -4- VII. If the User desires to gain access to the County's Radio System for use of Mobile Digital Terminal(s), then it is expressly understood and agreed that the User shall pay the County for the access to the Radio System provided herein 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 shall be prepaid in full at the beginning of each term of this 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 shall apply: In the event the number of Mobile Digital Terminals in service increases during a term of this Agreement, the charge for each additional Radio Unit will be based upon the remaining fractional part of the current one-year term of this Agreement. The entire amount owed for the additional for the time remaining in the then current term shall be prepaid to the County at least fifteen (15) days prior to the User obtaining access to the Radio System with the additional. go In the event the number of Mobile Digital Terminals in service decreases during a term of this Agreement, the County will either allow a credit or make a refund to the User of a portion of the prepaid fee. The credit/refund allowed will be based upon that fractional part of the one-year term remaining under this Agreement. Said credit/refund will be effectuated 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. It is additionally understood and agreed that the User shall pay the County a one-time agency setup fee of One Hundred Seventy-five and No/100 Dollars ($175.00), which will be charged, due and payable upon the User gaining initial access to the County's Radio System for Mobile Digital Terminal usage. Further, User shall 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. It is expressly understood and agreed that the County may increase the fees provided for herein by giving the User written notice of its intention to increase said fees at least ninety (90) days prior to the effective date of the proposed increase. Should such increase become effective during .a term of this Agreement, the increase shall be prorated based upon the number of months remmmng in the then current term of this Agreement. In the event of such a mid-term fee increase, the total, prorated fee increase owed by the User shall be paid to the County on or before thirty (30) days after the effective date of the fee increase. IXs The term of this Agreement shall be one (1) year from the date this Agreement is executed by the parties hereto. This Agreement will automatically renew for another 1-year term unless it is - $ - terminated by either party giving the other party prior written notice of their intention to terminate. Said notice of termination shall be given to the other party not less than sixty (60) days prior to the expiration of the term of this Agreement in effect at the time the notice of termination is given. Notwithstanding the preceding provisions, this Agreement shall terminate: Ao 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 go 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, it shall be a condition precedent to said termination that any and all payments owed the County by the User under this Agreement be paid in full. If the User fails to make any payment of any sum due under this Agreement or fails to perform as required under any other provision hereunder, and such failure continues for fifteen (15) days after written notice of such failure has given to the User by the County, then the User shall be deemed to be in default under this Agreement. In the event of the User's default, the County shall have the right to terminate this Agreement, deny the User any service provided by the County under this Agreement, and retain all amounts 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 herein are cumulative to and not in lieu of each any every other such right and remedy and every right and remedy afforded by law and equity. XIe The User hereby agrees to hold the County harmless for any all claims arising from the User's or its agents use of the County's Radio System to the extent that the County shall not be held accountable to any person, firm, corporation, body politic, or any other entity for damages sustained from the use of the County's Radio System, or the services provided by the User or its agents, arising from its use thereof. Should the County fail to perform as provided under the terms of this Agreement, the User's sole remedy shall be to terminate this Agreement. XIII. It is expressly understood and agreed that one hundred per cent (100%) coverage of any area at all times is improbable. There may be adverse transmission conditions such as short term, unpredictable meteorological effects and sky wave interferences from distant stations that can interrupt the Radio System at times. 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 -6- measures taken to ensure the adequacy of coverage provided to the User by this Agreement shall be the sole responsibility and expense of the User. All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the parties at the following addresses: FOR THE COUNTY: Commissioners Court of Harris County Harris County Administration Building 1001 Preston, 9th Floor Houston, Texas 77002 Attention: Clerk of Commissioners Court FOR THE USER: City Council of the City of Pearland 2703 Veteran's Drive Pearland, Texas 77584 The aforesaid addresses may be changed upon giving prior written notice of said change as provided herein. For purposes of notice under this Agreement, a copy of any notice or communication hereunder shall also be forwarded to the following address: Harris County Information Technology Center 406 Caroline, 4th Floor Houston, Texas 77002 XVe The User shall not assign this Agreement unless the User receives the prior written consent of the County. XVie This Agreement will be governed and construed according to the laws of the State of Texas. The venue for any action or claim arising out of this Agreement shall be Harris County, Texas. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this Agreement shall be of no force and effect unless same are in writing and executed by all parties hereto, except for those modifications effectuated pursuant to the provisions of Paragraph III (E), above. - 7 IN TESTIMONY OF WHICH, this Agreement has been executed in multiple originals, each to have the same force and effect, as follows: A. I~has been executed on behalf of Harris County on the ~'7q,~ day of /<St..~.lz',qt'"~ , 1997, 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 ,1997, by Tom Reid, its Mayor, pursuant to that procedure which authorizes such execution. APPROVED AS TO FORM: MICHAEL P. FLEMING By R~E~ .~LL,~yyD Assistant County Attorney HARRISCOUNTY By ROBERT ECKELS County Judge ATTEST: CITY OF PEARLAND TOM REID Mayor - 8 - ORDER AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF PEARLAND STATE OF TEXAS § COUNTY OF HARRIS § On thisthe~'~/~ day of ff~[//"'"~ ,1997, the Commissioners Court of Harris County, Texas, upon motion of Corranissioner ~e~ , seconded by Commissioner ¢~ ~- f~ ~ [,t,' , duly put and carried, IT IS ORDERED that the County Judge or his designee be, and he is hereby, authorized to execute an Agreement between Harris County and City of Pearland for the use of Harris County's 800 Megahertz Radio System by the City of Pearland for law enforcement, fire protection, and emergency service purposes, said Agreement being incorporated herein by reference for all purposes as though fully set forth herein word for word. Presented to Commissioners' Court AUG 5- ?997 APPROVE Recorded Vol p---'--'~~e~e