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HomeMy WebLinkAboutItem 11 - Fiber InstallationMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MARCH 17, 2026 SUBJECT: FIBER INFRASTRUCTURE INTERLOCALAGREEMENT RECOMMENDATION: City Council to consider approving a supplement to the Interlocal Agreement with the Grapevine-Colleyville Independent School District regarding fiber installation. FUNDING SOURCE: Funds are available in the Capital Projects Fund in an estimated amount of $63,500. BACKGROUND: On May 21, 2015, the City of Grapevine began a partnership with Grapevine-Colleyville Independent School District (GCISD) to install fiber infrastructure throughout the City of Grapevine to support our respective operations. This project was completed in August 2025 and installed over 55 miles of fiber and conduit and 550 pull boxes throughout the City of Grapevine. The original interlocal agreement was approved by council on June 2, 2015. The purpose of the supplemental agreement is to continue our partnership with GCISD to maintain the fiber infrastructure installed throughout the City of Grapevine and to identify responsibilities between the parties to maintain, repair, and perform damage prevention for the fiber infrastructure constructed. Responsibilities provided in the agreement include: • The City of Grapevine will provide a full time line locator and be reimbursed by GCISD for one half the costs in the amount of $35,000 annually. • Grapevine will retain the Ford F-250 Crew Cab pickup that was purchased through the fiber program as the line locator vehicle and will be responsible for all maintenance, fuel, and future vehicle replacement. • Grapevine will purchase all line locating equipment at a cost of $13,500 with surplus funds from the fiber project. • Grapevine will locate all fiber within the City public right of way. • Damaged fiber in the right of way - GCISD will be responsible for the repair of the GCISD owned fiber, while Grapevine will excavate the fiber, make repairs to the Grapevine owned fiber, and restore the right of way. • GCISD is responsible for maintenance and repairs on GCISD property. • A dedicated fund will be established to be used to repair and restore infrastructure in the Grapevine right of way. This fund will initially be funded with surplus from the fiber project in the amount of $50,000. When the fund is depleted, each party will deposit $25,000 to restore the funding. The GCISD board has approved the proposed Interlocal Agreement. Staff recommends approval. STATE OF TEXAS COUNTY OF TARRANT SUPPLEMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAPEVINE AND THE GRAPEVINE- COLLEYVILLE INDEPENDENT SCHOOL DISTRICT This Supplement to the Agreement entered into the 21" day of May 2015, (the "Supplemental Agreement") 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, and 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", is entered into on the date of signature. The Agreement of May 21, 2015, (alternatively referred to as the "Fiber Project") is incorporated as if fully set forth herein. WHEREAS, GCISD and the City execute this Supplement to the May 21, 2015 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 the availability of current revenues; WHEREAS, it is beneficial for the City and GCISD to share the 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 Supplemental Agreement at a Board meeting that had been posted and met the requirements of the Texas Open Meetings Act; WHEREAS, the City and the District have both determined that the Agreement of May 21, 2015, and this Supplement thereto, serve an important public purpose and desire to work cooperatively with respect to the subject matter thereof; NOW, THEREFORE, in consideration of the mutual premises and agreements, covenants, and promises set forth herein, and the mutual benefits hereof flowing to both the City and the District, together with other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, it is mutually agreed as follows: 317 I. DEFINITIONS 1. "City" means City of Grapevine, Texas. 2. "GCISD" means the Grapevine-Colleyville Independent School District. II. PURPOSE The purpose of this Supplemental Agreement is to establish a maintenance agreement and to identify responsibilities between the parties to maintain, repair, and perform damage prevention for the fiber infrastructure constructed pursuant to the May 21, 2015, Agreement concerning the Fiber Project within the City of Grapevine that includes over 40 miles of fiber and conduit and 550 pull boxes through the City of Grapevine (Appendix A). 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 Supplemental Agreement. III. DUTIES OF THE PARTIES GCISD Duties 1. GCISD will reimburse the City for half the cost of labor and benefits for one full-time Line Locator Position in an amount of $35,000 annually, payable on October lsc 2. On the occasion that fiber in the City of Grapevine right-of-way is damaged, GCISD shall be responsible for the repair (splice) of GCISD-owned fiber at break locations within 24 hours of the break or as soon as possible. GCISD shall only be responsible for the maintenance of GCISD-owned fiber. The City of Grapevine will make all other repairs and restorations to the affected area within the right-of-way. 3. GCISD is responsible for the maintenance and repair of all conduits, fiber, and pull boxes on GCISD property. City of Grapevine Responsibilities 1. The City shall retain the Ford F-250 Crew Cab truck purchased through the Fiber project as the Line Locator Vehicle. 2. The City will be responsible for all maintenance, fuel, and future replacement of the Line Locater Vehicle; 318 2 3. The City shall purchase all line locate equipment at a cost of $13,500.00 with surplus funding from the Fiber Project. The City shall be responsible for maintenance and future replacement of said equipment. 4. The City shall locate all fiber within the City's public right of way consistent with industry best practice. 5. The City shall be responsible for maintenance and repair of City fiber and of the fiber infrastructure located in the City's established right-of-way. These maintenance and repair responsibilities include, but are not limited to, excavation and repair of City fiber at a break location within 24 hours after a break or as soon as possible, repair of fiber, conduits, boxes, and restoration of damage to the right-of-way and street as soon as possible. 6. The City shall provide an annual report of work completed to GCISD. The report will be provided from the City OpenGov work order management system and include information about locates and repairs for the previous year. 7. Dedicated Fund: The City shall establish a dedicated fund to be used for repair and to restore infrastructure and the right of way in the event of emergency / unplanned damage to the fiber infrastructure in the City of Grapevine right of way. This dedicated fund will be initially funded with surplus from the Fiber Project in the amount of $50,000. In the event that this amount is depleted, the parties will pay, not later than Sept 30 of each year, $25,000 for emergency maintenance/repair costs, or an amount agreed upon by both parties. If both parties do not agree to a different amount for maintenance and repair, the above amount shall apply. IV. TERMS AND CONDITIONS 1. Each party paying for the performance of the governmental functions or services as set forth in this Supplemental Agreement will make all payments from current revenues available to the paying party. 2. 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. 3. This Supplemental Agreement contains all the terms, commitments and covenants of the Parties pursuant to this Supplemental Agreement. Any oral or written commitment not contained in this Supplemental Agreement or expressly referred to in this Supplemental Agreement and incorporated by reference shall have no force or effect. This Supplemental Agreement contains the entire agreement of the parties with respect to the matters 319 3 contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. 4. The captions to the various clauses of this Supplemental Agreement are for informational purposes only and in no way alter the substance of the terms and conditions of this Supplemental Agreement. 5. This Supplemental Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. 6. Any notice required to be sent under this Supplemental 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 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: Superintendent Grapevine-Colleyville Independent School District 3051 Ira E Woods Ave. Grapevine, Texas 76051 The Parties covenant and agree that in any litigation relating to this Supplemental 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. This Supplemental Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 9. The individuals executing this Supplemental 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 Supplemental 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 Supplemental Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is 320 4 signing this Supplemental 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. 10. In case any one or more of the provisions contained in this Supplemental 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 Supplemental Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 11. Each signatory represents this Supplemental Agreement has been read by the party for which this Supplemental Agreement is executed and that such party has had an opportunity to confer with its counsel. 12. The Term of the Agreement shall be for five (5) years. The parties may agree to annual renewals of this Supplemental Agreement. At least one hundred and eighty (180) days before the end of the Term, the parties will meet to discuss the renewal of the Supplemental Agreement, and each party will provide the other party with notice of its intent not to renew the Supplemental Agreement within one hundred twenty (120) days before the expiration of the Supplemental Agreement. Otherwise, the parties will work collaboratively to renew and extend the Supplemental Agreement. 13. 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 Supplemental Agreement, if for any reason funds are not expressly and specifically allocated to cover each Party's prospective obligation in this Supplemental Agreement in each Party's formally and final approved budget in any fiscal year subsequent to that in which each Party's funds for this Supplemental Agreement were first allocated, any such Party may immediately and without penalty terminate this Supplemental Agreement; provided, however, that in no event shall such termination be effective earlier than the last date for which terminating Parry's funds have already been allocated under an existing formally and finally approved budget. Should this Supplemental 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 termination 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. 14. The Parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Supplemental Agreement. 321 5 15. This Supplemental Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Supplemental Agreement shall be construed as a v0hole according to its fair meaning, anti any presumption or principle that tire language herein is to be construed against any party shall not apply. Headings in this Supplemental 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 City of Grapevine, Texas By: �/Y) I A A Aifl LQ T�)r� Presit, oard of Trustees Bruno Rumbelow, City Manager 322 den Attest: Attest: APPROVED AS TO FORM - Mike Leasor, Leasor and Crass APPR D AS;O FORM: �s Matthew C. G. Boyle, Boyle & Lowry, L.L.P. 6 Appendix A UPON COMPLETION OF PROJECT- TUNE 2025 Pipe & Fiber in Fiber Proj octwithin Grapevine City Limits FIREROWN STATUS LINEAR FEET LINEAR MILES GCISD Pipe & Fiber Installed 30164.20 5.71 GCISD Pipe Installed 0.00 0.00 TOTAL 30164.20 5.71 FIBEROWN STATUS LINEAR FEET LINEAR MILES GCISD/Grapevine Pipe & Fiber Installed 97257.60 18.42 GCISD/Grapevine Pipe Installed 1161.60 0.22 TOTAL 98419.20 18.64 FIBEROWN STATUS LINEAR FEET LINEAR MILES Grapevine Pipe & Fiber installed 85827.71 16.26 Grapevine Pipe Installers 0.00 0.00 Grapevine Future Installs 0.00 0.00 TOTAL 85827.71 16.26 323 7