Res 103-2000 8/1/2000RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY
OF WICHITA FALLS AND WICHITA COUNTY FOR THE INSTALLATION,
MAINTENANCE AND OPERATION OF A FIBER OPTIC CONNECTION
BETWEEN THE CITY AND THE COUNTY; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls and Wichita County desire to enter into an
agreement to provide for the installation, maintenance and operation of a fiber optic
connection between the City and the County; and,
WHEREAS, such an agreement is authorized under Chapter 791, Government
Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to enter into an interlocal
cooperation agreement between the City Of Wichita Falls And Wichita County to
provide for the installation, maintenance and operation of a fiber optic connection
between the City and the County.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 1st day of August 2000.
AYOR
ATTEST:
City Clerk
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE CITY OF WICHITA FALLS AND WICHITA COUNTY, TEXAS
STATE OF TEXAS §
COUNTY OF WICHITA §
This Agreement, made and entered into this day of
2000, by and between the County of Wichita ( "County "), a
county governmental entity located in Wichita County, Texas, acting by and through its
duly authorized County Judge, and the City of Wichita Falls, Texas ( "City "), a municipal
corporation located in Wichita County, Texas, acting by and through its duly authorized
City Manager,
WITNESSETH:
WHEREAS, the County is the recipient of a Juvenile Accountability Incentive
Block Grant; and,
WHEREAS, as a part of the Grant and the use of Grant funds, County desires to
contract with City for the installation of a fiber -optic network to connect facilities owned
by City and County; and,
WHEREAS, such an agreement is authorized under Chapter 791 of the
GOVERNMENT CODE (Interlocal Cooperation Act).
NOW, THEREFORE, for and in consideration of the mutual covenants
hereinafter set forth, the City and the County agree as follows:
1. Services To Be Performed. The City agrees to install a fiber -optic
connection between County and City to include the following:
a. City will furnish the labor to run the fiber -optic cable between the
buildings with the exception that the County will furnish the labor to dig
the trench from a utility pole near the curb on Sixth Street to the
Courthouse building for the purpose of burying underground conduit to
bring the fiber -optic cable into the building. County will also be
responsible for filling the trench and landscaping repairs after the
conduit and fiber -optic cable are installed.
b. City will assemble and install network equipment racks at the County
and Wichita Falls Police Department ( "WFPD ") locations;
c. City will mount the routers, patch panels and transceivers into the
racks at all locations affected;
d. City will physically connect the patch panels, routers and transceivers
together as needed via patch cables;
e. City will physically connect the County's new router (Cisco 3620) to
existing network hubs and /or switches at the County's facilities;
f. City will install the connectivity components (hardware and software)
into the existing WFPD router to allow it to communicate through the
new fiber -optic circuit to the County's router;
g. City will provide programming and configuration settings for the
County's new router and WFPD's existing router, to establish the
logical TCP/IP network circuit over the physical fiber -optic circuit;
h. City will install the County's internet router in a computer center at
Municipal Auditorium, so that the County may use the City's spare,
currently unused fiber -optic link back into Midwestern State
University's computer center for connecting to the THEnet Internet
backbone there;
L The City will assist with technical advice, router configuration
programming and co- location of this piece of equipment (Cisco 1601
Internet Router); however, County will be responsible for acquiring
THEnet access.
j. Assist County staff with configuring County's e-mail server to
communicate with WFPD's e-mail server;
k. City will configure WFPD's e-mail server with e-mail address book
entries of County employees to be provided by the County.
I. City will provide maintenance and support for the Cisco 3620 router at
the County's end of the fiber -optic circuit, and will manage data
communications and security configurations of this router to meet the
City's network security standards. City will provide maintenance and
support for all other components of the project that are outside the
buildings owned by the County.
m. City will add all equipment installed by City under this agreement to
the City's insurance policy for electronics, buildings and contents. The
City and County will share the costs of any claims, damages, or repairs
not covered by insurance on a 50/50 basis for equipment physically
outside the buildings of the City or County. For all other equipment
located inside the buildings of either the City or County, the respective
party shall be responsible for 100% of costs not recoverable from
insurance. City will be responsible for paying insurance premium.
2. Compensation. County agrees to pay City the sum of Seven Thousand One
Hundred ($7,100.00) Dollars for the work specified above. Payment shall be made to
City upon completion of all work required in this agreement. All payments made under
this agreement shall be made from the current revenues available to the paying party.
3. Equipment Purchases. City agrees to purchase the equipment listed in
exhibits A and B for installation by City. County agrees to reimburse City for such
purchases within 20 days from receipt of invoice from City. It is agreed and understood
by the parties the equipment costs listed in Exhibits A and B are estimates and the
actual purchase costs may vary. The amount invoiced to County by City shall be the
actual invoice costs for such equipment and City shall provide County evidence of the
actual purchase cost with its request for reimbursement.
4. Shared Costs. The difference in the PROJECT TOTAL costs of $33,373.97
identified in Exhibit A and $35,695.97 in Exhibit B reflect the desire of the parties to
include items of benefit to both parties which are not eligible for payment from grant
funds. The costs for such items shall be shared equally between the parties.
5. Entire Agreement; Amendments. This Agreement, including any exhibits
and /or any amendments hereto, contains the entire Agreement between the parties,
and all prior proposals, discussions and writings by and between the parties and related
to the subject matter hereof are superseded hereby. This Agreement may be modified
or amended only pursuant to a written instrument executed by both parties hereto.
6. Term. The term of this agreement will be for one year and will
automatically renew for successive one -year periods unless either party objects and
desires to terminate by giving ninety (90) days notice to the other party.
7. Invalidity. If any provision of this Agreement or any portion thereof is
declared invalid or unenforceable, the remaining provisions shall nevertheless remain in
full force and effect.
8. Force Majeure. Notwithstanding any provision of this Agreement to the
contrary, neither City nor County shall have any liability to the other for a failure of
performance resulting from any cause beyond its control.
9. Governing Law. The laws of the State of Texas shall govern this
contract, and all obligations hereunder of the parties are performable in Wichita County.
Attest:
Lydia Torres, City Clerk
City of Wichita Falls, Texas
James Berzina, City Manager
Wichita County, Texas
FOPM
MIM
Attest:
Lloyd Lueck, County Clerk
Woodrow Gossom, County Judge