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R-2013-044-2013-03-11RESOLUTION NO. R2013-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AMENDED INTERLOCAL AGREEMENT WITH THE HARRIS COUNTY PUBLIC RADIO SYSTEM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain amended Interlocal Agreement by and between the City of Pearland and the Harris County Public Radio System, 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 an amended Interlocal Agreement with the Harris County Public Radio System. PASSED, APPROVED and ADOPTED this the 11th day of March, A.D., 2013. ATTEST: Y• NG �i R NG Y SE " ' ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY • .„0„V„.1 TOM REID MAYOR Resolution No. R2013-44 Exhibit "A" FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR USE OF PUBLIC SAFETY RADIO SYSTEM THE STATE OF TEXAS COUNTY OF HARRIS This First Amendment to the Interlocal Agreement for Use of Public Safety Radio System is made pursuant to chapter 791 of the Texas Government Code and entered into by and between Harris County, Texas (the "County"), acting by and through its governing body, the Harris County Commissioners Court, and the City of Pearland (the "User"), acting by and through its governing body, the City of Pearland's City Council. WITNESSETH: WHEREAS, on February 4, 2003, the County and User entered into an agreement for user to obtain access to the County's communications systems in order to communicate among various public safety units, hereinafter designated the "Agreement;" and WHEREAS, the parties desire the ability to send and receive invoices on a monthly basis and to be notified of such invoices by electronic mail. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is agreed that any prior references to the User agreeing to prepay the County for total fees for the entire year at the beginning of each term of this Agreement shall be removed; and IT IS FURTHER AGREED that the User expressly agrees to pay any monthly charges in full after the end of each month during the term of this Agreement, based upon the number of the Radio Units/Mobile Digital Terminals then in service. Should the User change the number of Radio Units/Mobile Digital Terminals in service during a monthly billing period, the monthly charge will be increased or decreased proportionally. Notwithstanding any provision to the contrary, the parties agree that the County may provide such monthly invoices to the User by e-mail sent to a mutually agreed upon e-mail address; and IT IS FURTHER AGREED that all other terms and provisions of the Agreement shall remain in full force and effect as originally written and amended, if applicable. EXECUTED in triplicate originals. APPROVED AS TO FORM: VINCE RYAN County Attorney By JAM ' S RICE HARRIS As stant County Attorney HARRIS By CRAIG BERNARD Senior Director of Mobility for Harris County Information Technology Center UNT Date Signed: C.A. File No. 12GEN0166 CITY OF PEARLAND By E3 k . 13t.,AO Printed Name - pjail.thOWO Title: kelvst CA -1 Date Signed: 03\\3 \ 1,6A-5 Please return two executed original copies to: Harris County ITC Attn: Rosie Flores 406 Caroline St., 4th Floor Houston, TX 77002