Item 4CM E M O R A N D U M
April 8, 2019
To: Shana Yelverton, City Manager
From: Sharen Jackson, Chief Financial Officer
Subject: Item 4C: Approve Interlocal agreement with CISD for utilization of
fiber optic network
Action
Requested: Approve Interlocal agreement
Background
Information: On August 6, 2013, City Council approved a fiber interlocal
agreement with CISD to provide fiber to North DPS training
facility and North Park. With the addition of The Marq, the
extension of the City’s wide area network is needed to provide
redundant network and communication services to this facility.
This updated interlocal agreement between the City and CISD
will provide a low-cost solution and rapid implementation to
enable required services.
Financial
Considerations: The cost of implementation is included in the FY 2019 CEDC
operating budget. The City will be responsible for 50% all
maintenance costs associated with the portion of the network
that contains the fibers utilized by the city.
Strategic Link: This agenda item is linked to the Southlake Strategy Map
through the following objectives:
• B2 Collaborate with select partners to implement
service solutions
• B6 Optimize the use of technology
Citizen Input/
Board Review: CISD School Board scheduled to review/approve on April
15th
Legal Review: N/A – simple amendment (adding The Marq) to original
attorney reviewed agreement.
Alternatives: 1) Approve as proposed
2) Deny – a higher cost solution would be required
Supporting
Documents: Interlocal agreement
Staff
Recommendation: Approve interlocal agreement as proposed
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April 2019 (initials) CISD Atty._______
INTERLOCAL AGREEMENT FOR UTILIZATION OF A 3 PAIR OF FIBERS OF
CISD'S METRO AREA FIBER OPTIC NETWORK TO SUPPLY DATA & VOICE TO
THE CITY'S NEW DPS NORTH TRAINING FACILITY, THE MARQ AND THE
CITY'S NORTH PARK
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This Agreement is made by and between the City of Southlake, a home rule municipality,
acting herein by and through its duly authorized Mayor, hereinafter referred to as the "City", and
the Carroll Independent School District, a special purpose unit of government organized and acting
under the laws of the State of Texas, acting herein by and through its duly authorized Board of
Trustees, hereinafter referred to as the "District".
WITNESSETH
WHEREAS, the District held a May 2009 bond election resulting in Carroll Independent
School District voter authorization to construct projects identified during a year-long study of capital
improvements, maintenance, security, extracurricular, technology and capacity needs; and
WHEREAS, the approved $114.1 million Proposition 1 package includes construction of
a redundant metro area fiber optic network loop servicing all CISD educational facilities; and
WHEREAS, the City of Southlake Strategy Map includes initiative B2, "Collaborate with
select partners to implement service solutions"; and
WHEREAS, both the City and the District have realized direct benefits from working
together, recognizing that school properties and facilities are intended primarily for school purposes
and that the educational needs of the children are the highest priority; and
WHEREAS, both the City and the District have determined that these projects serve an
important public purpose and desire to work cooperatively with one another to provide both data
and voice services to the Departments of Public Safety's North training facility, The
Marq/Bicentennial park and to North Park; and
WHEREAS, the City, through its duly authorized Mayor, acknowledges the benefits
achieved through its cooperation with the District on joint utilization projects and initiatives and
desires to recognize the value of such cooperation; and
WHEREAS, the City and the District now desire to enter into this Agreement to provide
for the terms and conditions governing the utilization of 3 pairs of the District's metro area fiber
optic network financed with the bonds approved in the May 2009 bond election ("the 2009 Bond
Program projects"), pursuant to the Interlocal Cooperation Act, Texas Government Code, Section
791.001 et seq.
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April 2019 (initials) CISD Atty._______
NOW, THEREFORE, for and in consideration of the mutual premises herein contained,
the mutual benefits flowing to both the City and the District and other good and valuable
consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the City
and the District do hereby contract, covenant, warrant and agree as follows:
SECTION 1: FEES
The District and the City hereby agree that there will be no fees payable to the District by
the City for the utilization of three (3) pair, six (6) individual strands, of the District's metro area
fiber optic network. The City will be responsible for all fees, costs, and damages associated with
the connection between the City's fiber and the District's fiber.
The City of Southlake will be responsible for 50% all maintenance costs associated with the
portion of the Carroll ISD Network that contains the six fibers utilized by the City. Maintenance
includes all costs (relocations, technical services, etc.) associated with the operation of the network
excluding locating. Locating will be the sole responsibility of Carroll ISD.
SECTION 2. TERM
The term of this Agreement shall be ten (10) years from the date execution of the last party
to sign this Agreement unless earlier terminated as provided herein.
SECTION 3. NO INDEMNITY
Neither Party is required to indemnify the other in connection with this Agreement, except
as set forth in this Agreement. Neither party will be liable to the other for any indirect, special,
consequential, incidental, or punitive damages, including cost of cover.
SECTION 4. NO JOINT VENTURE
Nothing contained herein shall be deemed or construed by the parties hereto, or by any third
party, as creating the relationship of principal and agent, partners, joint venture or any other similar
such relationship between the parties hereto.
SECTION 5. NO WAIVER OF IMMUNITY
No party hereto waives or relinquishes any immunity or defense on behalf of itself, its
trustees, officers, employees, and agents as a result of the execution of this Agreement and the
performance of the covenants contained herein. Neither party waives the limitations on liability
which are provided to it or its officers, and employees.
SECTION 6. NO THIRD-PARTY BENEFICIARY
This Agreement inures to the benefit of and obligates only the parties executing it. No term or
provision of this Agreement shall benefit or obligate any person or entity not a party to it. The
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April 2019 (initials) CISD Atty._______
parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim
any benefit, protection, release or other consideration under this Agreement.
SECTION7. NOTICE CONTACTS
Notices regarding agreement should be sent to the following parties:
CITY OF SOUTHLAKE (CITY)
Primary Contact:
Name: Jerry Weitzel
Email: jweitzel@cityofsouthlake.com
Secondary Contact:
Name: Sharen Jackson
Email: sjackson@cityofsouthlake.com
CARROLL INDEPENDENT SCHOOL
DISTRICT (DISTRICT)
Primary Contact:
Name: Randy Stuart
Email: randy.stuart@southlakecarroll.edu
Secondary Contact:
Name: Scott Wrehe
Email: scott.wrehe@southlakecarroll.edu
SECTION 8. SEVERABILITY
The provisions of this Agreement are severable. If for any reason a clause, sentence,
paragraph, or other part of this Agreement should be determined to be invalid by a Court or a
Federal or State Agency, Board, or Commission having jurisdiction over the subject matter
thereof, such invalidity shall not affect other provisions which can be given effect without the
invalid provision.
SECTION 9. NON-WAIVER
The failure of the City or the District to insist upon the performance of any term or
provision of this Agreement or to exercise any right herein conferred shall not be construed as a
waiver or relinquishment to any extent of the City's or the District's right to assert or rely upon
such term or right on any future occasion.
SECTION l0. MISCELLANEOUS PROVISIONS
By execution of this Agreement, each party represents to the other that:
a. In performing its duties and obligations hereunder, it will be carrying out one or
more governmental functions or services which it is authorized to perform;
b. The undersigned officer or agent of the party has been properly authorized by that
party's governing body to execute this Agreement and that any necessary resolutions
extending such authority have been duly passed and are in effect; and
c. If the District determines a future capacity need for the fiber pairs, the District will
provide the City with a minimum of one hundred eighty (180) days prior
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April 2019 (initials) CISD Atty._______
notification. Either party may terminate this Agreement for any reason at any time
after giving the other party one hundred eighty (180) days advance written notice.
d. The District is in no way liable for disruption of service. This Agreement does
not guarantee data integrity, network availability or reliability.
e. Fiber contractors must be pre-approved by District prior to any work upon the
Fiber subject to this Agreement.
SECTION 11. AUTHORIZATION
The parties agree that this Agreement may be executed in multiple counterparts, each
having the same force and effect.
CITY OF SOUTHLAKE (CITY) CARROLL INDEPENDENT SCHOOL
DISTRICT (DISTRICT)
X
Laura Hill
Mayor
X
President, Board of Trustees
X
Date
X
Date
Attest: Attest:
X
City Secretary
X
Secretary, Board of Trustees
Approved: Legal Review:
X
City Attorney
X
Carroll ISD Attorney
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April 2019 (initials) CISD Atty._______