HomeMy WebLinkAboutC2019-155 - 3/26/2019 - Approved � llooYl - 3
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Interlocal Cooperation Agreement
between the
City of Corpus Christi,
Regional Transportation Authority,
County of Nueces, and
Port of Corpus Christi
For Radio Communications System
Seventh 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 Port of Corpus Christi
Authority of Nueces County,Texas ("PCCA"), 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; and
WHEREAS, the City, RTA, and County entered into a Second Amendment to the Radio
Communications System Interlocal Agreement with the City of Driscoll,a Third Amendment with
the Nueces County Emergency Services District #4, a Fourth Amendment with the Nueces Jim
Wells County Emergency Services District#5,a Fifth amendment with Nueces County Emergency
Services District #3, and a Sixth Amendment with Nueces County Emergency Services District
#6; and
WHEREAS, the City, RTA, and County entered into Memorandums of Understanding
with Port Industries of Corpus Christi ("PICC") and PCCA allowing their participation in the
Radio Communications System; and
WHEREAS,the Memorandums of Understanding expired January 5, 2019; and
WHEREAS,the parties desire to allow the Port of Corpus Christi Authority 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
PORT OF CORPUS CHRISTI AUTHORITY("Parties"):
C2019-155
3/26/19 1
Res. 031705
RTA
SCANNED
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 PCCA.
4. Provide or assign a Call Group on the Radio System for PCCA if needed.
ARTICLE 2: RIGHTS, DUTIES AND RESPONSIBILITIES OF PCCA
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
PCCA.
4. Maintain and provide City, RTA, and County with a current and an updated list of all radios
that PCCA 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 PCCA 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 PCCA for any of the services provided pursuant to this Agreement shall be made out of current
revenues available to PCCA as required by the Texas Interlocal Cooperation Act.
B. Fees for system participation and maintenance to be paid by PCCA are as follows:
System annual service fees: $124.08 per radio per year
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
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"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, PCCA 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 initial month's unit
maintenance fees will be billed to PCCA. At the beginning of each remaining month this
Agreement is in force, PCCA 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. PCCA
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 PCCA will be refunded within 30 days of the termination date of the
Agreement. A written final accounting will be provided to PCCA 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: Keith Selman, Interim City Manager
1201 Leopard Street
Corpus Christi, TX 78401
with a copy to:
Mike Markle, Chief of Police
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Corpus Christi Police Department
321 John Sartain
Corpus Christi, TX 78401
RTA: Jorge Cruz-Aedo, Chief Executive Officer
Regional Transportation Authority
5658 Bear Lane
Corpus Christi, TX 78405
COUNTY: Barbara Canales, County Judge
Nueces County Courthouse
901 Leopard Street, Room 303
Corpus Christi, TX 78401
PCCA: Sean C. Strawbridge, Chief Executive Officer
222 Power Street
Corpus Christi Texas 78401
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 PCCA 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
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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 PCCA 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.
[Signature page follows this page]
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EXECUTED in quadruplicate to be effective as of the last execution date set forth below:
City of Corpus Christi: ATTEST: Approved as to form:
/.//ii,i /ir,/ / ,/ thoy/IA
,l7�C n �I�lCC'
Samuel Keith elman Rebecca Huerta Buck Brice
Interim City Manager City Secretary Assistant City Attorney
for City Attorney
Date: .i Date: /414q Date:
,� Region 1 Transportation Authority: 6�-ij 115
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Jorge /� VV JJ C -Redo _ • ►�
Chiefs tive Officers '`
SECIUTAR
Date:
County of Nueces: ATTEST: Approved as to form:
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S arbara Canales Kara Sands Laura Garza Jimenez
County Ju9igFi County Clerk Nueces Count Attgrney , G
Date: / 7 Date: 5 I -161 Date: II
PORT OF CORPUS CHRISTI AUTHORITY:
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Sean C. Strawbridge ; p; �`„_ 's,
Chief Executive Officer 1°11. �^�
Date: �.
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