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HomeMy WebLinkAboutItem 08 - Fiber ConnectivityMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: JUNE 2, 2015 SUBJECT: INTERLOCAL AGREEMENT WITH GCISD FOR FIBER CONNECTIVITY AND APPROVAL OF AN APPROPRIATION ORDINANCE RECOMMENDATION: City Council consider approval of an interlocal agreement with Grapevine-Colleyville Independent School District for fiber connectivity and an ordinance appropriating funds for this project. FUNDING SOURCE: Upon approval of the attached appropriation ordinance, funds will be available in the Capital Projects Fund (177-48870-101-2) in the amount of $625,000. BACKGROUND: Late last year staff presented a plan for a joint fiber connectivity project between the City and GCISD that would solve several current and future problems for both entities. The plan was received favorably by the City Council and School Board and a steering committee of employees from the City and GCISD worked together to create a fiber plan and then examined the options to implement the plan. The initial solutions considered were contracting with a service provider, hiring an installation contractor and installing internally by purchasing equipment and using contract labor. The final option which was the one reviewed with Council was selected due to its cost efficiency and flexibility. This project accomplishes several goals for the City and GCISD: 1) First and foremost, it provides a fiber connection between all City facilities and schools via 57 miles of fiber 2) Better public safety communication throughout the City 3) Unlimited bandwidth for the City and GCISD 4) Increases options for wi-fi in public spaces 5) Improves security camera options in facilities and public spaces 6) Improves communication between traffic signals 7) Integrates city-wide irrigation systems Because this project provides benefit to both Tax Increment Financing Districts, TIF Interest funds from the Districts will be used to fund our share of the project. Under the ILA, the project cost will be equally shared between the entities and the final product will May 28, 2015 (4:54PM) and the final product will be owned by both. The total project cost is $5,003,484. Our share is $2,502,000 of which, the first year amount is $625,000 in order to start the project. Future years will be appropriated out of TIF funds through the normal budget process. The GCISD Board of Trustees approved this agreement at their May 21St meeting last week. Staff recommends approval. JCH May 28, 2015 (4:52PM) MaNUMNSTA • •A A LWAI W M A i8i WHEREAS, the City Council of the City of Grapevine desires to improve fiber optic connectivity throughout the City; and WHEREAS, funding for improvements is not currently included in the Capital Project General Facilities Fund appropriation; and WHEREAS, fiber optic connectivity will provide connection between all city facilities and schools via 57 miles of fiber; and WHEREAS, fiber optic connectivity will provide better public safety communication throughout the City; and WHEREAS, fiber optic connectivity will provide unlimited bandwidth for the City and Grapevine Colleyville Independent School District; and WHEREAS, fiber optic connectivity will provide increases options for wifi in public spaces;and WHEREAS, fiber optic connectivity will improve security camera options in facilities and public spaces; and WHEREAS, fiber optic connectivity will connect all schools and major city buildings; and WHEREAS, fiber optic connectivity will improve synchronization of traffic signals; and WHEREAS, fiber optic connectivity will integrate City-wide irrigation systems; and WHEREAS, fiber optic connectivity will provide direct benefit to Tax Increment Financing District Reinvestment Zones One and Two. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble of this ordinance are true and correct and are hereby incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the City Council hereby authorizes the appropriation of $625,000 from the Tax Increment Financing District Zone One, authorize the transfer of funds, and appropriate $625,000 in the Capital Project General Facilities Fund. Section 3. That the terms and provisions of this ordinance shall be deemed to be severable, and that if the validity of any section, subsection, word, sentence or phrase shall be held to be invalid, it shall not affect the remaining part of this ordinance. Section 4. That the fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare which requires that this ordinance shall take effect immediately from and after its passage and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of June, 2015. ORD. NO. 2 STATE OF TEXAS COUNTY OF TARRANT U-iIis ;1all 1 1 1 • This Agreement is entered into the 21st day of May 2015, by and between the CITY OF GRAPEVINE, TEXAS a municipal corporation, hereafter referred to as the "City" or "Grapevine" and the GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT, an independent school district located in Tarrant County, Texas, hereafter referred to as "GCISD" or "District" and located partially within the City of Grapevine and jointly, referred to as the "Parties." WHEREAS, GCISD and the City execute this Interlocal Agreement pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended, and in accordance with purchasing statutes regulating the Parties and subject to availability of current revenues; WHEREAS, the Parties agree that any parry paying for the performance of governmental functions or services under this contract shall make those payments from current revenues available to the paying party; WHEREAS, the City and GCISD need to have and maintain fiber optic cable in the streets of Grapevine, Texas and in many of the same locations; WHEREAS, the City holds the rights-of-way in trust and has the legal right to occupy the rights-of-way; WHEREAS, the City and GCISD will also need to obtain the right to occupy right-of- way not under City control. WHEREAS, the City has the authority to lease fiber or conduit it owns to another parry; WHEREAS, it is beneficial for the City and GCISD to share common conduit system where possible; WHEREAS, the Interlocal Cooperation Act authorizes governmental entities to enter into interlocal cooperation agreements for administrative and governmental functions and services; WHEREAS, the Grapevine City Council approved this Agreement at a City Council meeting that had been posted and met the requirements of the Texas Open Meetings Act; WHEREAS, The Grapevine-Colleyville Independent School District approved this Agreement at a Board meeting that had been posted and met the requirements of the Texas Open Meetings Act; NOW, THEREFORE, in consideration of the premises and agreements, covenants, and promises set forth herein, it is agreed as follows: I. DEFINITIONS I. "City" means City of Grapevine, Texas. 2. "Conduit" means the hard tube, which is designed to house innerduct or fiber. 3. "Conduit System" means the conduit installed and owned by the City and used by the City of Grapevine and the GCISD. 4. "Duct" means one section of multi -duct. 5. "Equipment" means the tools, machinery, and motor vehicles used to install the conduit system, including equipment such as a bore rig, trucks, back trailer, fiber pulling equipment, or other such machinery or equipment. 6. "Fiber" or "Fiber Optic" means the optics of light transmission through very fine, flexible glass rods by internal reflection. 7. "Facilities" means the conduit system, including the conduit, the fiber optic strands, innerduct, any handholes or manholes used for the conduit system, trunk lines, pull boxes or any other part of the fiber optic system. 8. "GCISD" means the Grapevine-Colleyville Independent School District. 9. "Innerduct" means the individual, flexible tube conduit through which the glass fiber strand cable is installed. 10. "Multi -duct" means the conduit system, which has been sectioned into either three or four innerducts. 11. "Parties" means the City of Grapevine and the Grapevine-Colleyville Independent School District. 12. "Project" means the installation of the fiber optic network in the City of Grapevine pursuant to the terms of this Agreement. 13. "System" means the entire system of cable, conduit, duct, fiber optic, innerduct. 2 14. "Pull Box" and "access Point" have the same meaning and refer to the location of the point in the ground nearest a facility being connected where the responsibilities of the "system" end and begin depending on the Party identified II. PURPOSE The purpose of this Agreement is to provide for the parties to plan, construct, install, maintain and use a common conduit system for fiber optic cable in the streets, and public easements of all areas of contiguous jurisdiction shared by the Parties. Based upon certain legal considerations, such as the City's right to occupy and use the City rights-of-way, and other rights-of-way under appropriate permission to do so, the City and GCISD shall own the facilities located in the City rights-of-way and shall authorize the use of the conduit and fiber optic cable pursuant to the terms of this Agreement. This Agreement governs the installation, maintenance, repair, and use of conduit, innerduct, fiber optic cable and related facilities located within the City and jointly owned by the City and GCISD. If the installation is expanded to other cities in the GCISD, the City will only be a contractor in other cities, if so desired by the parties to the agreements between the GCISD and the other cities. City will not own or maintain conduit, innerduct, fiber optic cable or the related facilities located outside of the city limits of the City of Grapevine. III. TERMS, RIGHTS, OBJECTIVES AND DUTIES OF THE PARTIES 1. Ownership. The conduit system to be installed shall be owned as follows: the City shall have ownership of two (2) ducts and the GCISD shall have ownership of one (1) duct. The City and GCISD shall jointly own the conduit system, including the conduit, innerduct, multi -duct, fiber optic lines and other parts of the system located in the right-of-way. City ownership shall extend to and end at the first pull box located outside a GCISD building. The demarcation boundary for location services, maintenance and repair of the conduit system shall also be at the first pull box outside a GCISD building and GCISD's responsibility for these items begins at the first pull box and extends throughout the property and building for a GCISD location and properties. City ownership shall extend past the pull box and throughout the property and building for any City location and properties. 2. Conduit for Parties Use Only. GCISD and City will have access to the system for their use only. Both parties are prohibited from selling, or allowing access to the system by or for the use of a third party, nor may the system or use of the system be sold, transferred or assigned to any other party. 3. Right-of-way. The City shall provide access to City right-of-way for the installation of the conduit system at all locations where there is no conflict with existing users and there is available space. The City shall not be responsible for acquiring additional right-of-way or 3 easements or other property rights in order to install the conduit system. When other right-of- way is needed the City will be the primary party seeking the appropriate permission or permits. 4. City Services. The City shall provide all location service, maintenance and repair of the conduit system for the term of this Agreement. The City may enter into an agreement with a third party to provide such services, which shall be under terms solely decided and agreed upon by the City. 5. Location. The City and GCISD have provided one another with all locations at which each party wishes to have the conduit system reach. The parties have identified the best routing for the conduit system and the final agreed routing and installation map showing that route is attached as Exhibit "A." Final selection of locations for service and the most effective route shall be decided by the Committee (established pursuant to Paragraph 12 below) on an ongoing basis prior to and during construction. 6. Control of rights -of way. The City will control the rights-of-way. The City will decide where the duct is to be located within the rights-of-way. 7. Access points. At GCISD locations, the access points will be provided at a location in the right-of-way designated by GCISD. An access point will consist of a pull box in the right-of- way near or on GCISD real property or GCISD buildings. Construction of duct or other facilities inside the structure and pulling fiber from the access point to the termination point in the building shall be the responsibility of GCISD. At City locations, the access points will be provided at a location designated by City. An access point will consist of a pull box in the right-of-way near City buildings or real property. Construction of duct or other facilities from the pull box to the structure and inside the structure and pulling fiber from the access point to the termination point shall be the responsibility of City. 8. Installation guidelines. Installation will be in accordance with the construction contract to be agreed upon by the parties in the future. The City shall perform installation for the Project, including the main conduit trunk line containing the three (3) innerducts, the vaults on the main conduit trunk line to provide access to the innerducts, pull the fiber through the innerduct assigned to the City and into City locations. GCISD shall pull fiber through the innerduct assigned to GCISD and in its conduit from the Main Trunk Conduit Line into GCISD locations. However, City may perform this work for GCISD if the parties agree. Equipment required for installation up to the building shall be acquired by the City. The parties shall share costs for such equipment. GCISD shall have the right to use of the equipment as long as the use would not delay installation of the system. City may perform work for GCISD with the equipment if the parties agree. Equipment for the installation, repair and maintenance in GCISD or City buildings will be the responsibility of each party. The City will be responsible for applying for any required permits or licenses or other permission that may be required; however, if required by the permitting agency, both parties will rd sign any needed application. Both parties will share equally in initial or ongoing costs for any required permits, license or other permission that may be required. The City and GCISD shall obtain the necessary insurance for the Project. GCISD shall be responsible for any requirements in regard to criminal background checks or other requirements under the Educational Code for workers on school property. 9. Dedicated fund. In order to commence construction, both parties must initially pay into a dedicated fund, an amount that will allow the City to place orders and begin the process. The City will maintain said fund. Each party will initially pay $625,000 into the dedicated fund for the purposes of construction, maintenance and repair of the system within thirty days after the last party has signed the Agreement. After the first year, each party will pay annually during installation, not later than September 30 of each year, $500,000 or an amount as determined by the Committee provided both parties agree. Based upon the needs of operating the system, the parties may agree to increase the amount paid into the dedicated fund. After installation is complete, the parties will pay, not later than September 30 of each year, $20,000 for repair and maintenance costs, or an amount as determined by the Committee provided both parties agree. If both parties do not agree to a different amount for maintenance, the above amount shall apply. The parties must agree on a different amount no later than July 1. Each party shall be entitled to an accounting of revenue and expenditures, but such accounting may not occur more than once a year. City agrees to provide such accounting to GCISD, on or before July 31 of each year, for the period of July 1 through June 30 of the previous year. Each party paying for the performance of the governmental functions or services as set forth in this Agreement will make all payments from current revenues available to the paying party. 10. Purchasing. The parties agree that each party shall abide by any and all competitive purchasing laws applicable to the party instigating the construction, maintenance or repair of the system. The parties further agree that all payments shall be from the designated fund. 11. System priorities. The City provided maintenance shall include responding, on an emergency basis, to all fiber optic, conduit and cable system trouble calls and performing any needed. repairs due to damage and providing cable locates as needed. The parties agree that the safety and well-being of the City's citizens and visitors being the first consideration, the City provided maintenance and repair will be performed based on the following priority schedule: (i) the part of the system serving public safety; (ii) the part of the system used for other City services; (iii) GCISD's system provided, however, that during any emergency situation involving a GCISD campus or other building or during time periods when GCISD students are taking state - mandated tests, GCISD's system will be given the same priority as the system serving public safety. 12. Committee. The Parties agree that staff will be assigned to a Committee to address various issues, including construction, scheduling, maintenance, location, cost adjustments and disputes that may arise in the shared use of the System or other duties as needed. The City Manager or Superintendent shall assign staff members to the committee. It is anticipated that the Committee will meet twice a month during the construction phase of this Agreement and when necessary thereafter, and the Committee members from each party will provide their party's staff with Minutes and updates from Committee meetings. 13. Maintenance and Repair - Costs and Scheduling. The City shall be responsible for the maintenance and repair of City fiber and innerduct pipe maintenance. GCISD shall be responsible for GCISD fiber. These maintenance and repair obligations apply regardless of whether the fiber is in right-of-way, either party's buildings or real property, or any other location. Cost: If fiber in the right-of-way is damaged, the parties agree to seek compensation from any and all third parties responsible for the damage. If there is no responsible third party, or the responsible third party cannot be found or is unable to pay for the damages, the City and GCISC agree that the City shall perform the repairs. The City and GCISD agree that each party shall pay their own material cost and for joint costs, the parties will pay proportionately based upon the fiber strands each party has in the system (for example, if the City has 288 fiber strands and GCISD has 96 fiber strands, the City would pay 75% and GCISD would pay 25% of the shared costs). Scheduling: The City agrees that all maintenance and repair work on the system (other than emergency repairs) will be scheduled outside the time periods GCISD students are taking state - mandated tests, and that GCISD will be given at least two weeks' notice prior to any scheduled maintenance and repair work. 14. Decisions by Committee. In all cases where the Committee is to make a decision under this Agreement, the decision may be made in one of the following ways: (a) A majority of the Committee members for each party shall constitute a vote on behalf of the party they represent; or (b) Each party shall designate a voting member for that party. The method to be used shall be decided by each parry or shall be designated by the District Superintendent or City Manager. During meetings in which decisions are made under this Agreement, Minutes shall be kept to record the method of voting and the vote of each party. IV NO ORAL AGREEMENT & ENTIRE AGREEMENT This Agreement contains all the terms, commitments and covenants of the Parties pursuant to this Agreement. Any oral or written commitment not contained in this Agreement or expressly referred to in this Agreement and incorporated by reference shall have no force or effect. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. V. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and in no way alter the substance of the terms and conditions of this Agreement. VI ASSIGNMENT This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. VII NOTICE Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre -paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Grapevine, to: Bruno Rumbelow, City Manager City of Grapevine 200 South Main Street Grapevine, Texas 76051 If to GCISD, to: Grapevine-Colleyville Independent School District Superintendent 3051 Ira E Woods Ave Grapevine, Texas 76051 VIII AGREEMENT INTERPRETATION AND VENUE The Parties covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. Venue shall be exclusively in Tarrant County, Texas. The Parties further agree that the parties will attempt to resolve disputes in the following manner: (i) first the parties will meet in the Committee, as set out in Article III, section 12 above; (ii) if no 7 resolution is achieved by the Committee, the dispute will be heard by the District Superintendent or designee and the City Manager or designee jointly; (iii) if no resolution is achieved after the dispute is heard by the Superintendent or designee and the City Manager or designee, then the dispute will be heard by a mediator; (iv) if no resolution is achieved after meeting with a mediator, then the dispute will be resolved in the appropriate Court. Provided, however, that if needed, due to the statute of limitations or some other requirement, a Party may proceed directly to Court, if this process would unduly delay. The parties shall agree on the mediator to be used and each party agrees to share the cost for the mediator's services. Each party is responsible for their expenses related to their own representation. IX CONSIDERATION This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. X. COUNTERPARTS This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. XI. AUTHORITY TO EXECUTE The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the parry for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. XII SAVINGS/SEVERABILITY In case any 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 thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. XIII REPRESENTATIONS Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. XIV TERM & TERMINATION The Term of the Agreement shall be for Ten (10) years. The parties may agree to amlual renewals of this Agreement. Either Party to this Agreement may withdraw at any time after the completed construction and installation of the common conduit system for fiber optic cable in the street but only after providing the other party not less than ninety (90) days' notice in writing of withdrawal. This Agreement may be terminated at any time by mutual consent of the Parties. Upon termination of this Agreement, the City and GCISD shall retain ownership of the designated rights as set forth above. A full and final accounting of all funds and expenditures in the Dedicated Fund, established pursuant to Paragraph 9, shall be completed by City and distributed to the parties within ninety (90) days of the last day of this Agreement. City and GCISD hereby acknowledge and agree that they are each governmental entities, subject to annual budgetary processes and restrictions on spending in conformity with those processes, approved budgets, and applicable law. They further agree that, notwithstanding any other language in this Agreement, if for any reason funds are not expressly and specifically allocated to cover each Party's prospective obligation in this Agreement in each Party's formally and finally approved budget in any fiscal year subsequent to that in which each Party's funds for this Agreement were first allocated, any such Party may immediately and without penalty terminate this Agreement; provided, however, that in no event shall such a termination be effective earlier that the last date for which the terminating Party's funds have already been so allocated under an existing formally and finally approved budget. Should this Agreement terminate under the provisions of this Section, the terminating Party will provide the other Party with written notice as soon as is reasonably possible of the pending termination under this provision, the effective date of which shall be at the end of the terminating Party's fiscal year in which funds had previously been allocated. Notwithstanding the foregoing, the Parties hereto warrant and represent that any expenditures of funds for services to be provided hereunder will be made from current revenues available to the Party making the expenditures. XV SOVEREIGN IMMUNITY The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement 9 XVI MISCELLANEOUS DRAFTING PROVISIONS This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. EXECUTED hereto on the day and year shown above. Grapevine-Colleyville ISD By: President, "Board of Trustees Attest: Secretary, Bo d of Tru ees James Whitton, Brackett & Ellis, P.C. City of Grapevine, Texas Un Bruno Rumbelow, City Manager Attest: igd�City Secretary Ta ra. 3 s Cathy Cunningham, Boyle & Lowry, L.L.P. 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