HomeMy WebLinkAboutC2014-203 - 7/29/2014 - Approved Z--9 1 y- O 1 3'1
Interlocal Cooperation Agreement
between the
City of Corpus Christi,
Regional Transportation Authority,
County of Nueces,
and Nueces County Emergency Services District#4
For Radio Communications System
(Third Amendment to the 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, Regional
Transportation Authority ("RTA"), a metropolitan transit authority under Article 1118x,
V.A.T.S.,the County of Nueces ("County"), a political subdivision of the State of Texas, and the
Nueces County Emergency Services District#4 (Nueces County ESD #4), a political subdivision
of the State of Texas, 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 entered into a Second Amendment to the Radio
Communications System Interlocal Agreement with the City of Driscoll solely to allow their
participation in the Radio Communications System;
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 Nueces County Emergency Services District#4, a Texas Emergency
Services District located within Nueces 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 Nueces County Emergency Services District
#4 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 CHRISTI,
REGIONAL TRANSPORATION AUTHORITY, THE COUNTY OF NUECES AND THE
NUECES COUNTY EMERGENCY SERVICES DISTRICT#4 ("Parties"):
2014-203
7/29/14
Res. 030233
RTA,Nueces County,Nueces#4
INDEXED
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 Nueces County ESD #4.
4. Provide or assign a Call Group on the Radio System for Nueces County ESD #4 if needed.
ARTICLE 2: RIGHTS, DUTIES AND RESPONSIBILIITIES OF NUECES COUNTY ESD#4
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 to the 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
Nueces County ESD #4.
4. Maintain and provide City, RTA, and County with a current and an updated list of all radios
that Nueces County ESD #4 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 term 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 to this 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 Nueces County ESD #4 within thirty(30) days from receipt of the
City, RTA, and County's request for expenses incurred in the performance of this Agreement.
Any payment made by Nueces County ESD#4 for any of the services provided pursuant to this
Agreement shall be made out of current revenues available to Nueces County ESD #4 as
required by the Texas Interlocal Cooperation Act.
B. Fees for system participation and maintenance to be paid by Nueces County ESD #4 are as
follows:
A one-time start up fee of$562 per radio
System annual service fees: $124.08 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 fmal execution date of this Agreement and concluding 365 days
later.
C. Within 10 days of the final execution date of this Agreement,Nueces County ESD #4 shall
determine the number of radios and total count of units to be added to the 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 Nueces County ESD #4. At the beginning of each remaining
month this Agreement is in force,Nueces County ESD #4 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. Nueces County ESD #4 may, but is not required to,pay the
monthly maintenance fees in advance for any 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 to the City,
RTA, and County by Nueces County ESD#4 will be refunded within 30 days of the termination
date of the Agreement. A written final accounting will be provided to Nueces County ESD #4
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 limitation on
any immunity, defense, or other protection afforded either party under state or federal law. The
liability, if any, of either party, shall be that prescribed by the laws of the State of Texas.
ARTICLE 6: SEVERABILITY
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: Ronald Olson, City Manager
1201 Leopard Street
Corpus Christi, TX 78401
with a copy to:
Floyd Simpson, Chief of Police
Corpus Christi Police Department
321 John Sartain
Corpus Christi, TX 78401
RTA: Scott Neeley, Chief Executive Officer
Regional Transportation Authority
5658 Bear Lane
Corpus Christi, TX 78405
COUNTY: Loyd Neal, County Judge
Nueces County Courthouse
901 Leopard Street, Room 303
Corpus Christi, TX 78401
Nueces Co. ESD#4: Board President
Geoff Attwood
PO BOX 260176
Corpus Christi TX 78426
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 or employee 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 Nueces County
ESD#4 or any of their respective officers, agents, or employees.
ARTICLE 11: NON-WAIVER
Failure of any party to this Agreement to insist on the strict performance of any of the 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 of the 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 to
this Agreement.
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 Nueces
County ESD#4 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 be effective as of the last execution date set forth below:
City of Corpus Christi: ATTEST: Approved as to form:
C 12641) 72-e-Lte/e-
./Ronald . Olson Rebecca Huerta Barney Knight
City Manager L City Secretvy City Attorney' 1
Date: Date: (S' / I t Date: yI
133
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sv C€OUNCIL
Regional Transportation Authority:
Scott Neeley ��,� sS ONERS
Chief Executive Officers ��,0'�� " ------------�'OG
Date: o�-Z • / O or 1
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County of Nueces: ATTEST: 7C/ ,.roved as to form:
dfp /&r�i oAuar ,00. .P►md4 cl �� w) 1.
amuel Lo i eal MR-Diana T. Barrera t 1'Laura Garza JJirrenetz
County Judge. f County Clerk Nueces County Attorney
Date: `.) ��/ Date: _pr1 "Z t-Z°14 Date:
Nueces County ESD #4: ATTEST: Approved as to form:
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Geoff Atwood
Board President
Date: 1124 0 Date: j-`d I l 2f Date: 8-2f - H-