HomeMy WebLinkAboutC2013-237 - 6/11/2013 - Approved it
Interlocal Cooperation Agreement
between the
City of Corpus Christi,
Regional Transportation Authority,
County of Nueces,
and City of Driscoll
For Radio Communications System
(Second Amendment tote Radio Communications System Interlocal Agreement)
This Interlocal Cooperation Agreement("Agreement") is made by and between the City of
Corpus Christi,Texas("City"),a Texas home-rule municipal corporation,the Regional Transportation
Authority("RTA"),a metropolitan transit authority under Article I I 18x, V.A. . ., the County of Nueces
("County"),a political subdivision of the State of Texas,and the City of Driscoll,Texas("Driscoll"),a
Texas general law city,each acting herein by and through its duly authorized official, effective for all
purposes upon the execution by all parties.
WHEREAS,the City and RTA are parties to an Interlocal Cooperation Agreement dated September 23,
1991 (the"Radio Communications System Interlocal Agreement"), providing for the development and
operation of an advanced 800 MHz public safety trunked radio system("Radio System");and
WHEREAS,the City, RTA, and County are parties to an Interlocal Cooperation Agreement dated
February 4, 1994(the"Radio System Participation Agreement"), being the first amendment to the Radio
Communications System Interlocal Agreement;
WHEREAS,the City, RTA, and County have entered into Memorandums of Agreement with the Naval
Air Station and Port Industries Corpus Christi/Port of Corpus Christi Authority allowing for their
participation in the Radio Communications System;
WHEREAS, the City of Driscoll,a municipality located within Nucces County, desires to use the Radio
System developed by City and RTA and being utilized by City, RTA,County, and others, and
WHEREAS, the parties desire to allow the City of Driscoll to participate in the Radio Communications
System Interlocal Agreement, the original 1991 radio communications system agreement allowing for
participation by other public entities.
NOW,THEREFORE,BE IT AGREED BY THE CITY OF CORPUS CMUSTI,REGIONAL
TRANSPORATION AUTHORITY,THE COUNTY OF NUECES AND THE CITY OF
DRISCOLL("Parties"):
ARTICLE 1: RIGHTS, DUTIES AND RESPONSIBILITIES OF CITY, RTA,AND COUNTY
1. Operate an 800 MHz public safety trunked radio system("Radio System").
2. Provide maintenance and support to the Radio System.
3. Provide radio and equipment specifications to Driscoll.
4. Provide or assign one Call Group on the Radio System for Driscoll Police Department for law
enforcement use.
2013-237
6/11/13 Page 1of5
Res. 029866
RTA/Nueces County/Driscoll INDEXED
ARTICLE 2: RIGHTS, DUTIES AND RESPONSIBILlITIES OF DRISCOLL
1. Purchase or lease radios and equipment through the vendor contracted by City, RTA,and County
which are compatible with the Radio System and conform t o t he specifications provided by City, RTA,
and County.
2. Pay the maintenance and user fees to the City, RTA,and County for each radio that is added or
supported by the Radio System.
3. Provide hardware maintenance and technical support for radios and equipment owned by Driscoll. 4.
Maintain and provide City, RTA,and County with a current and an updated list of all radios that Driscoll
uses and are supported by the Radio System.
5. Pay proportionate share of maintenance and insurance costs for the backbone of the Radio System.
ARTICLE 3: TERM AND TERMINATION
This Agreement shall begin on the final date of execution by all parties for an initial to of one(1)year
and automatically renew annually without further action of the parties.The City's City Manager,or his
designee, is authorized to execute any and all subsequent renewals and amendments t o t his Agreement on
behalf of the City, unless otherwise prohibited by law.This Agreement may be terminated at any time by
any party upon ninety(90)days written notice to the other three parties.
ARTICLE 4: PAYMENT AND CURRENT REVENUE
A. Payment shall be made by Driscoll within thirty(30)days from receipt of the City, RTA,and County's
request for expenses incurred in the performance oft is Agreement.Any payment made by Driscoll for
any of the services provided pursuant to this Agreement shall be made out of current revenues available to
Driscoll as required by the Texas Interlocal Cooperation Act.
B. Fees for system participation and maintenance to be paid by Driscoll are as follows:
A one-time start up fee of$562 per radio
System annual service fees: $124.09 per radio per year(beginning the second year of service)
System monthly maintenance fees: (Number of Units x Rate per Unit)
Control Units: Units x$14.99
Mobile Units: Units x$5.63
Portable Units: Units x$5.63
"Control units" include land-based radios in offices; "mobile units"include radios in vehicles;and
"portable units" include radios carried on the officer. "Year,"as used in this article, means the period
beginning on the final execution date of this Agreement and concluding 365 days later.
C. Within 10 days of the final execution date of this Agreement, Driscoll shall determine the number of
radios and total count of units to be added tote Radio System and notify the City, RTA, and County of
same. Once the radios and units are active in the Radio System,the one-time start up fees for radios
placed into service and the initial month's unit maintenance fees will be billed to Driscoll. At the
beginning of each remaining month this Agreement is in force, Driscoll shall be invoiced for the previous
month's monthly maintenance fees. Payment of the annual service fees is due, in advance, beginning on
the first anniversary of the final execution date of this Agreement and on every yearly anniversary date
thereafter. Driscoll may, but is not required to, pay the monthly maintenance fees in advance for any
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period of time up to 12 months or the annual anniversary date of the execution of this Agreement,
whichever period occurs first in time.
D. In the event of an early termination of this Agreement,any unearned funds paid t o t he City, RTA,and
County by Driscoll will be refunded within 30 days of the termination date of the Agreement. A written
final accounting will be provided to Driscoll along with the remittance payment.
ARTICLE 5: LIABILITY
Each party to this Agreement will be responsible for any civil liability for its own actions under this
Agreement,except that nothing in this Agreement shall constitute a waiver or I imitation on any immunity,
defense,or other protection afforded either party under state or federal law.The liability, if any,of either
party,sal I be that prescribed by the laws of the State of Texas.
ARTICLE 6: SEVE RABILITY
If any portion of this Agreement,or the application thereof to any person or circumstances,shall ever be
held to be invalid or unconstitutional by any court of competent jurisdiction,the remainder of the
Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms.
ARTICLE 7: NOTICES
Notices allowed or required under this Agreement shall be addressed to and sent to the parties as
indicated below, unless such address is changed by written notice to such effect, and any notice shall be
effective when deposited in the U.S. mail, postage prepaid,certified, return receipt requested.
CITY: City Manager
1201 Leopard Street
Corpus Christi,TX 78401
with a copy to-
Chief of Police
Corpus Christi Police Department
321 John Sartain
Corpus Christi,TX 78401
RTA: Chief Executive OfFicer
Regional Transportation Authority
5658 Bear Lane
Corpus Christi,TX 78405
COUNTY: County Judge
Nueces County Courthouse
901 Leopard Street,Room 303
Corpus Christi,TX 78401
DRISCOLL: Mayor
City of Driscoll
130 E. Avenue D/P. 0. Box 178
Driscoll,TX 78351 /78351-0178
Page 3 of 5
ARTICLE 8: LAW AND VENUE
All parties shall comply with all applicable federal, State,county and local laws, ordinances, rules,and
regulations pertaining to this Agreement and each party's respective performance hereunder.This
Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts.
Venue for an action arising under this Agreement shall lie in Nueces County,Texas,and be in accordance
with the Texas Rules of Civil Procedure.
ARTICLE 9: ENTIRE AGREEMENT AND WRITTEN AMENDMENT
This Agreement represents the entire agreement between the parties and may not be modified by any oral
agreements or understandings. Any amendments must be made in writing and signed by all parties.No
officer ore ployee of any of the parties may waive or otherwise modify the limitations in this
Agreement,without the express action of the governing body of the party.
ARTICLE 10: ASSIGNMENT AND SUCCESSORS
This Agreement shall be binding on and inure to the benefit of the parties to the Agreement and their
respective successors and permitted assigns.This Agreement may not be assigned by any party without
the written consent of all of the other parties.This Agreement does not create any personal liability on the
part of any officer or agent of the City, RTA,County or Driscoll or any oft eir respective officers,
agents,ore loyees.
ARTICLE 11: NON-WAIVER
Failure of any party to this Agreement to insist on the strict performance of any oft a conditions or
agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of
performance shall not be considered a waiver oft a right to insist on,and to enforce by any 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.
ARTICLE 12: NO WAIVER OF IMMUNITY
No party to this Agreement waives or relinquishes any governmental,official,or other immunity or
defense on behalf of itself, its officers, employees,and agents as a result of its execution of this
Agreement and performance of the covenants contained herein.
ARTICLE 13: NO THIRD PARTY BENEFIT
This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the
benefit of any third party.
ARTICLE 14: WARRANTY
This Agreement has been officially authorized by the governing body of each party, and each signatory
has full authority to execute the Agreement and to legally bind their respective party t o t his Agreement.
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ARTICLE 15: CONTINUATION OF PROVISIONS
This Agreement amends the existing Radio Communications System Interlocal Agreement and
the Radio System Participation Agreement(which is the first amendment to the Radio
Communications System Interlocal Agreement)to the extent necessary to allow the City of
Driscoll to participate and use the Radio Communications System. All other provisions of the
Radio Communications System Interlocal Agreement and Radio System Participation
Agreement that do not conflict with this Agreement remain in full force and effect and are
unchanged by this instrument, by express intention of the parties.
EXECUTED in quadruplicate to bee ective as of the last execution date set forth below:
City of Corpus Christi: ATTEST: Approved as t o o rm:
Ronald L. Olson U Armando Chapa Carlos Valdez
j .
City Managt City Secret ag/,, //3 City Attorney
Date: 3 Date: Date:
oA,24
Regional Transportation Authority: &--
9Y COUW-iL—k
Scott Neele;'1111--" WWA W�
Chief Executive Officer
Date. - Z_-2- Z2.............................
County of Nueces: ATTEST: Approved as to form:
Samuel Loyd Neil' Nan--a--T. Barrera Laura Garza Jiffienez
County J d-- County Clk k Nueces ouyty Attorney
Date: 47 Date: Date:
City of Driscoll: ATTEST: Approved as to form:
ail ar Isabel Chapa Michael G. Morris
City Secrew City Att ey/z'
Date: 3
Date: Date:
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