|
|
City Council |
|||
|
Agenda Request |
||||
|
Agenda Of: |
March 6. 2007 |
Agenda Request
No: |
III D |
|
|
Initiated By: |
Patrick K.
Hughes, Emergency Management Coordinator |
Responsible
Department: |
Fire |
|
|
Presented By: |
Patrick K.
Hughes, Emergency Management Coordinator |
Department
Head: |
|
|
|
|
|
Additional
Department. Head (s): |
n/a |
|
|
Subject /
Proceeding: |
AM Alert System
at Fire Station #1 Approve Agreement |
|||
|
Exhibits: |
Site Use
Agreement Between Fort Bend County and the City of Sugar Land |
|||
|
Clearances |
Approval |
|||
|
Legal: |
Meredith
Wilganowski, Assistant City
Attorney |
Executive
Director: |
n/a |
|
|
Purchasing: |
n/a |
Asst. City
Manager: |
n/a |
|
|
Budget: |
n/a |
City Manager: |
Allen Bogard |
|
|
Budget |
||||
|
Expenditure
Required: $ |
N/A |
|||
|
Amount
Budgeted/Reallocation: $ |
N/A |
|||
|
Additional
Appropriation: $ |
N/A |
|||
|
Recommended
Action |
||||
|
Approve and sign agreement. |
||||
|
Executive
Summary |
||||
|
The Agreement is made between Fort Bend County and the City of Sugar Land for the purpose of broadcasting emergency alert messages on a dedicated AM radio frequency to all of the Fort Bend County area, including those portions contained in the Sugar Land city limits. Fort Bend County must place up to ten AM radio frequency signal repeaters at different locations throughout the county in order for any emergency alert message signal to reach all areas of the county. Our Sugar Land Fire Station #1 located at 255 Guenther Street, provides an ideal location for the placement of one of these AM radio frequency signal repeaters. The AM frequency signal repeater would provide us with an additional tool to communicate with Sugar Land citizens at no cost. It would allow us to quickly and effectively disseminate information without overloading the telephone circuitry. In addition, it would contribute to the County’s and City’s effort and statutory duty to create and implement an inter-jurisdictional emergency management plan to provide for disaster mitigation, preparedness, response, and recovery that would serve the Fort Bend County area including the Sugar Land area. The Sugar Land Fire Department submits the following “Site Use Agreement” for review by Mayor and Council. |
||||
|
Exhibits |
||||
COUNTY OF FORT BEND
SITE USE AGREEMENT (SUGAR LAND FIRE STATION)
This Agreement is made and entered into pursuant to Tex.
Gov’t. Code Ann. §§418.109 (Vernon 2006) between Fort Bend County, a body
corporate and politic, acting herein by and through its Commissioner’s Court (“County”)
and The City of Sugar Land, a body corporate and politic (“City of Sugar
Land”), for the purpose of broadcasting emergency alert messages on a dedicated
AM radio frequency to all of the Fort Bend County area, including those
portions contained in the Sugar Land city limits.
WHEREAS, County must place up to ten (10) AM radio
frequency signal repeaters at different locations throughout the county in
order for any emergency alert message signal to reach all areas of the county;
and
WHEREAS, the Sugar Land Fire Station, located at 255
Guenther Street, Sugar Land, Texas 77478 provides an ideal location for the
placement of one of these AM radio frequency signal repeaters (hereinafter
referred to as “Signal Repeater”); and
WHEREAS, the City of Sugar Land is the owner of the real
property, namely the Sugar Land Fire Station, located at 255 Guenther Street,
Sugar Land, Texas 77478 within Fort Bend County, Texas; and
WHEREAS, County is under a statutory duty to create and
implement an interjurisdictional emergency management plan to provide for
disaster mitigation, preparedness, response, and recovery that would serve the
Fort Bend County area including the Sugar Land area; and
WHEREAS, the Fort Bend County Emergency Management Plan
requires the use of an Emergency Alert System to quickly and effectively
disseminate information to the citizenry without overloading the telephone
circuitry; and
WHEREAS, the Fort Bend County Emergency Management Plan
contemplates the use of mutual aid agreements to carry out the requirements of
the plan, specifically the requirements set out in Annex B of the Fort Bend
County Emergency Management Plan dealing with communications; and
WHEREAS, the City of Sugar Land will benefit from its
citizenry’s use of information broadcast through the AM radio frequency signal
repeaters that are the subject of this agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1: Recitals
The recitals set forth above are true and correct.
Section 2: Interlocal
Cooperation Act
The Parties agree that mutual aid in
the context contemplated herein is a “governmental function and service” and
that the Parties are “local governments” as those terms are defined in the
Interlocal Cooperation Act.
Section 3: Use
The City of Sugar Land agrees to
allow County to use a portion of the Sugar Land Fire Station as a site for a
Signal Repeater and any attendant cables and/or antennas for any lawful purpose
consistent with emergency communications applications. The portion of the Sugar Land Fire Station
used by the County pursuant to this agreement shall be limited to the area
described and designated in attached Exhibit A, incorporated herein by
reference for all purposes. This portion
of the Sugar Land Fire Station to be used by the County shall hereinafter be
referred to as the “Agreed Area.” County
shall have the right to erect, construct, operate, maintain, repair, and
replace on the area described in Exhibit A, a Signal Repeater and all necessary
accessories as further described in Exhibit B, incorporated herein by reference
for all purposes.
Section 4. Access
County is also hereby granted
unlimited ingress and egress to the Agreed Area, 24 hours per day, 7 days per
week, for the purpose of maintenance, repair, replacement and removal of the
Signal Repeater and other equipment.
Section 5. Compliance With Other Laws
County agrees and understands that it is the
County’s responsibility to abide by all federal state and local rules and regulations
pertaining to the operation of the site and of the County’s equipment;
including without limitations, those pertaining to the installation,
maintenance, height, location, use, operation, and removal of its equipment,
antenna systems, and any other alterations or improvements authorized
herein. County agrees and understands
that changes in rules and policies by agencies or persons other than the County
that affect the operation or use of the County’s equipment and of the site are
not the City of Sugar Land’s responsibility.
County hereby represents that the County has obtained the necessary
licenses and permits required to use said site, or that the County will obtain
said licenses or permits, at County’s own expense, prior to any such use.
Section 6. Disclaimer Regarding Suitability of
Property
County represents that it has
independently ascertained that the site is adequate and proper for County’s
intended use and has entered into this Agreement based solely upon said
independent investigation, and not by any representation by the City of Sugar
Land.
Section 7. Term
This Agreement will be effective
beginning __________________________ and ending on _________________________. It is agreed that any Party hereto shall have
the right to terminate its participation in this Agreement upon thirty (30)
days written notice to the other Party hereto.
Section 5. Utilities
The City of Sugar Land agrees to
provide electrical power to the Signal Repeaters any necessary equipment
designated in Exhibit B, at the City of Sugar Land’s expense.
Section 6. Coverage and Interference
The City of Sugar Land makes no
representations concerning the distance at which useable radio signals may be
transmitted and received from the site or location thereof. County is hereby notified that the site is
subject to degradation performance from, but not limited to, natural and
man-made phenomena such as so-called “skip” interference, power line, and
ignition noise, intermodulation, co-channel interference from users of the same
or other radio frequencies. The City of
Sugar Land is not responsible for interference due to the above or other
causes.
Section 7. Inspection and Access
The City of Sugar Land shall be
afforded unlimited access to the site and/or to the County’s equipment for
inspection purposes and the County shall furnish the City of Sugar Land with a
key or the combination of any lock securing the site and/or the County’s
equipment.
Section 8. Default
If the County fails to comply with
any material provision of this agreement and such failure is not cured within
ten (10) days after receipt of written notice thereof from the City of Sugar
Land, the City of Sugar Land may, at its option, terminate this agreement
without affecting any rights to which the City of Sugar Land may be
entitled. If any such default cannot
reasonably be cured within ten (10) days, the County will not be deemed to be
in default hereunder if the County commences curing such default within the ten
(10) day period and thereafter diligently pursues such cure to completion. However, in no event shall any default remain
uncured for a period of thirty (30) days.
If the City of Sugar Land fails to
comply with any material provisions of this agreement and such failure is not
cured within ten (10) days after receipt of written notice thereof from the
County, the County may, at its option, terminate this agreement without
affecting any rights to which the City of Sugar Land may be entitled. If any such default cannot reasonably be
cured within ten (10) days, the City of Sugar Land will not be deemed in
default hereunder if the City of Sugar Land commences curing such default
within the ten (10) day period and thereafter diligently pursues such cure to
completion. However, in no event shall
any default remain uncured for a period of thirty (30) days.
Section 9. Removal of Property
The County shall have the right at
any time during or within thirty (30) days after the termination of this
agreement to dismantle and remove all property and improvements placed by the
County in the Agreed Area or on the lands of the City of Sugar Land adjacent
and contiguous to the premises, regardless of the manner in which such property
and improvements may be affixed thereto; provided, however, that said premises
shall be restored to substantially their original condition insofar as it is
reasonably practicable to do so, reasonable wear and tear excepted, or if
mutually agreed upon, it may transfer such property to the City of Sugar Land
and leave the same in place as abandoned property. The County is required to repair any damage
to the Agreed Area upon termination of this agreement.
Any and all structures, improvements, equipment,
facilities and other property of whatever kind installed by or for County on the
Sugar Land Fire Station or the Agreed Area shall be and remain the property of
the County, whether affixed to the realty or not, and the County shall have the
right to remove the same at any time during the term hereof and within thirty
(30) days after the termination or expiration of this agreement or any
extensions or renewals thereof.
Section 10. Indemnity
To the extent allowed by law, the
County assumes liability for, and agrees to indemnify and hold harmless, the
City of Sugar Land and the City of Sugar Land’s agent’s, employees, and
officers against, all liabilities, obligations, losses, damages, penalties,
claims, actions, suits, costs, expenses and disbursements resulting from any in
juries to or death of any person or damage to any property occurring during the
terms of the agreement in or about the Agreed Area.
Section 11. Notices
All notices pertaining to this
agreement shall be considered duly delivered when mailed to the address
hereafter specified by registered, certified or regular mail. All notices shall be considered as duly
delivered when mailed to the addresses specified below as hereinafter
indicated. Either party may from time to
time designate a different address by written notice to the other party. The initial addresses to be utilized
hereunder are as follows, to-wit:
County: Fort Bend County
301 Jackson, Suite 719
Richmond, Texas 77469
City of Sugar Land: City of Sugar Land
P.O. Box 110
Sugar Land, Texas 77478
Section 12. Miscellaneous
(a) This
agreement shall be construed and governed by the laws of the State of
Texas. The parties agree that venue for
any action involving this agreement may only be brought in Fort Bend County.
(b) This
agreement may be amended only in writing, executed by both parties hereto or
their permitted transferees.
(c) This
agreement, together with any exhibits attached hereto, shall constitute the
entire agreement between the parties hereto.
No party shall be bound by any communications between them on the
subject matter of this lease unless the communication is in writing, bears a
date contemporaneous with or subsequent to the date of this agreement, and is
agreed to by all parties hereto. Upon
execution of this agreement, all prior agreements or understandings between the
parties regarding the subject matter hereof shall be null and void.
(d) This
agreement may be executed in counterparts, each of which shall be considered an
original of this instrument, and all of which shall constitute one and the same
instrument. This agreement may be
ratified by separate instruments referring hereto and shall be binding upon
each party who executes or ratifies it without regard to whether it is executed
or ratified by all those named herein.
(e) In
the event one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect any other
provision hereof and this agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained herein.
(f) The
headings of the paragraphs of this agreement are for the guidance and
convenience of reference only and shall not otherwise affect any of the terms
or provisions hereof.
IN TESTIMONY OF WHICH, THIS AGREEMENT has been executed by County as of the date below stated. County warrants and represents that the individual executing this agreement on behalf of the City of Sugar Land, has full authority to execute this Agreement and bind the City of Sugar Land to the same.
FORT BEND COUNTY, TEXAS
By: _____________________________
Robert E. Hebert, County Judge
ATTEST: _____________________ Date: _____________________________
Dianne Wilson, Ph.D
Fort Bend County Clerk
CITY OF SUGAR LAND
By: _____________________________
Allen Bogard, City Manager
Date: _____________________________
DCN/ns: Sugar Land Fire Station Antenna Agreement-1016-
