Ord. 0614 04-22-91ORDINANCE NO. 614
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZ-
ING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME
BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL
PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE CITY
OF FRIENDSWOOD AND THE CITY OF PEARLAND, TEXAS FOR A
MOBILE DATA TERMINAL SYSTEM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
SECTION 1. That certain contract, a facsimile of which is
annexed hereto designated Exhibit "A" and incorporated herein for
all purposes is hereby authorized and approved.
SECTION 2. The Mayor is hereby authorized and directed to
execute for and on behalf of the City of Pearland and the City
Secretary to attest the contract documents and counterparts
thereof.
PASSED on First Reading this ad.-4-1.., day of4eA-LA_/
A. D., 1991.
ATTEST:
PAT JONES, 9flY SECRETARY
PASSED and APPROVED on Second and Final Reading this
day of
ATTEST:
APPR
TO FOR:
LESTER RORICK, CITY ATTORNEY
, A. D., 1991.
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C. V. COPPINMAYO
EXHIBIT "A"
THE STATE OF TEXAS
COUNTIES OF BRAZORIA,
GALVESTON, AND HARRIS
I
CONTRACT
WHEREAS, the City of Friendswood, Texas ("Friendswood"),
and the City of Pearland, Texas ("Pearland"), (together the
"Cities") each operating pursuant to Home Rule Charters adopted
under the provisions of Article XI, Section 5 of the Texas
Constitution; and
WHEREAS, the Cities desire to enhance and improve the
ability of their respective police departments to enforce the
laws of their jurisdictions through the acquisition of a Mobile
Data Terminal System (the "M.D.T. System"); and
WHEREAS, the Cities desire to acquire, operate, and
maintain an M.D.T. System in an efficient and cost effective
manner; and
WHEREAS, the Cities agree that the joint acquisition,
operation, and maintenance of an M.D.T. System is the most
efficient and cost effective method for each City; and
WHEREAS, the Cities are empowered pursuant to the
Interlocal Cooperation Act, Tex. Rev. Civ. Stat. Ann. art. 4413
(32c), as amended, to enter into this Contract whereby the
Cities will jointly acquire, operate, and maintain an M.D.T.
System;
NOW, THEREFORE, for and in consideration of the mutual
obligations and benefits to be derived hereunder, Friendswood
and Pearland do hereby agree as follows:
I.
operate,
forth:
A.
Pearland has purchased, and the Cities will install,
and maintain, an M.D.T. System as hereinafter set
A committee shall be formed by the Cities for the
purpose of adopting guidelines for the purchase,
installation, operation, and maintenance of an M.D.T.
System. The Committee shall be composed of six (6)
members. The governing body of each City shall
appoint three members, one of which shall represent
the City Council, one the Police Department, and one
the Communications Department from each City. The
specific functions of the Committee shall be as
follows:
1. To plan, formulate, establish, and adopt
specifications for the acquisition of an M.D.T.
System. Such specifications shall include, but
purchasing, installing, and maintaining equipment
shall be handled and distributed by the City of
Pearland. All purchases shall be approved by the
Committee in advance. The message switcher and
software shall be purchased by the City of Pearland.
The City of Friendswood agrees to pay for message
switcher software service policy to be effective upon
expiration of the warranty. The City of Friendswood
will continue to pay the full cost of message switcher
software service until the amount equals one-half
(1/2) the cost of the message switcher that the City
of Pearland has paid. The cost of the message
switcher software service will then be shared on an
equal basis. Upon completing the term of payment of
the message switcher software service, the message
switcher will become the property of both Cities.
Each City shall purchase, as needed, such Mobile Data
Terminals, used in conjunction with the M.D.T. System
as it may need. Each Mobile Data Terminal so
purchased shall be owned solely by the City purchasing
the same. Basic software purchased in conjunction
with the M.D.T. System computer shall be paid for and
owned jointly by Friendswood and Pearland. Special
software other than basic software will be the
responsibility of the party requesting such software
to purchase, install, and maintain this software and
shall be the sole property of the purchaser.
C. This Contract contemplates a division of cost for the
computer mainframe by Friendswood's payment for the
software service policy until such time as the
expenditures for the service policy equal one-half
(1/2) of the cost of the mainframe. Until that event
should occur, the interests of the parties shall be in
accordance with their percentage of contribution.
Further, in the event of termination by Friendswood
prior to a 50t-50% allocation of the purchase cost
being achieved, Friendswood agrees to allow Pearland
to operate the system on site in Friendswood for a
period of one (1) year from the date of termination or
until sold, whichever event first occurs.
II. For any act or omission committed solely by an
officer, employee, of agent of Friendswood in the performance
of this Contract out of which arises any damage, injury, claim,
lawsuit, judgment, or other cause of action, with respect to
any person or property, Friendswood agrees, to the extent
permitted by law, to indemnify and defend Pearland and hold
Pearland harmless from any and all such damages, injuries,
claims, lawsuits, judgments, or other causes of action.
For any act or omission committed solely by an officer,
employee, or agent of Pearland in the performance of this
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ATTEST: CITY OF PEARLAND, TEXAS
—aar4>._a Y
Pat Jones
City Secre y
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By:
Vic Copp
Mayor