Item 4ICITY OF
SOUTHLAKE
MEMORANDUM
(July 31, 2013)
To: Shana Yelverton, City Manager
From: Greg Hendricks, Deputy Director of Information Technology
Subject: Consent agenda item 41 - Approve Interlocal agreement with Carroll
ISD for fiber cable usage.
Action
Requested: Approve Interlocal Agreement.
Background
Information: With the addition of DPS North, the extension of the City's
wide area network is needed to provide network and
communication services to this facility. This 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 DPS North
facility construction costs. There are no recurring cost of
operation and only 50% of any relocation costs that may be
required in the future. This agreement if valid for 10 years
from approval.
Strategic Link: C5 — "Promote opportunities for partnerships & volunteer
involvement" — enables IT to leverage partners to improve
services through relationships.
136 — "Optimize Use of Technology" — enables the IT
department to efficiently enable and manage network
services.
Citizen Input/
Board Review: Not Applicable
Legal Review: Completed and signed by CISD
Alternatives: 1) Approve as proposed.
2) Reject — a higher -cost solution would be required and may
delay DPS North operation startup.
Supporting
Documents: Interlocal Agreement for signature (attached).
Staff Recommendation: Approve item as proposed
Attachments:
INTERLOCAL AGREEMENT FOR UTILIZATION OF A PAIR OF FIBERS OF CISD'S
METRO AREA FIBER OPTIC NETWORK TO SUPPLY DATA & VOICE TO THE
CITY'S NEW DPS NORTH TRAINING FACILITY 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 L-5, "Actively
promote opportunities for partnerships"; 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 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 one pair 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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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 one (1) pair, two (2) 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 two 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 frorn 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 venturers 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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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: Greg Hendricks
Email: gendricks@cityofsouthlake.com
Secondary Contact:
Name: Alison Ortowski
Email: aortowski@cityofsoutlilake.com
CARROLL INDEPENDENT SCHOOL
DISTRICT (DISTRICT)
Primary Contact:
Name: Randy Stuart
Email: randy.stuart@southlakeearroll.edu
Secondary Contact:
Name: Robb Welch
Email: robb.welch@southlakeearroll.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.
SECTION10. 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 detennines a future capacity need for the fiber pair, the District will
provide the City with a minimum of one hundred eighty (180) days prior
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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.
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CITY OF SOUTHLAKE (CITY)
By:
John Terrell, Mayor
Date:
Attest:
City Secretary
Approved:
City Attorney
CARROLL INDEPENDENT SCHOOL
DISTRICT (DISTRICT)
By: F
Read L. BaYew, President
Board of Truste
Date:x
Attest:
O
Craig thmeier, Secretary
Board of Trnstees
Legal Review:
1),)JAMAWA-71
Iffi H. Dom g! ttorney
Walsh, Anderson, Gall go , Green and
Trevino, P.C.
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