HomeMy WebLinkAbout025569 RES - 12/09/2003RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE
TEXAS DEPARTMENT OF TRANSPORATION TO PERMIT
CONNECTION OF THE CITY'S FIBER OPTIC NETVVORK TO THE
STATE'S FIBER OPTIC NETWORK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or the City Manager's designee is authorized to
execute an interlocal cooperation agreement with the Texas Department of
Transportation to permit connection of the City's Fiber Optic Network to the State's
Fiber Optic Network and approve the use of the respective fiber optic networks on the
condition that the uses are in the public interest for transportation purposes. A copy of
the Interlocal Agreement is attached.
ATTEST~~fl~_~
Armando Chapa
City Secreta~
THE CITY OF CORPUS CHRISTI
Mayor
APPROVED: December 1, 2003
Lisa Aguilar~)
Assistant City Attorney
for City Attorney
2
Co.~p~us Christi, Texas-..~
The above resolution was passed by the following vote:
Samuel L. Neal, Jr. ~.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
Dec I Interlocal Resolution TXDOT doc
Fiber Network Interconnection Agreement
City of Corpus Christi and Texas Department of Transportation
STATE OF TEXAS §
COUNTY OF TRAVlS §
THIS FIBER NETVVORK INTERCONNECTION AGREEMENT ("Agreement") IS MADE BY AND
BE'FVVEEN the State of Texas, acting by and through the Texas Department of Transportation (the
"State") and the City of Corpus Christi, acting by and through its duly authorized officials (the "Local
Government").
WITNESSETH
WHEREAS, the State and the Local Government (the "Parties") each operate fiber optic networks for
use as part of their respective systems within the boundaries of Nueces County; and
WHEREAS, the Local Government has requested the State to permit connection to the State's Fiber
Optic Network (FON); and
WHERAS, the State has requested the Local Government to permit connection to the Local
Government's Fiber Optic Network (FON); and
WHEREAS, the State and Local Government have indicated its willingness to approve the use of its
FON conditioned that each entity will enter into this Agreement with each other for the purpose of
determining the respective responsibilities of the Local Government and the State with reference
thereto, and conditioned that such uses are in the public interest for transportation purposes and will
not damage the network interconnection operation or fiber capacity derived through interconnection,
all as determined from engineering studies conducted by the State or Local Government; and
WHEREAS, on the __ day of 20__., the governing body for the Local
Government entered into an order herein after identified by reference, authorizing the Local
Government participation in this Agreement with the State.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the Parties to this Agreement to be by them respectively kept and performed as hereinafter set
forth, it is agreed as follows:
1. TERM
This Agreement becomes effective on the date of final execution and shall remain in force for a
period of one year. It is understood by both Parties that at the end of the one-year period, the
Agreement will be automatically renewed for one-year periods thereafter unless modified by mutual
agreement by both parties.
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HC fiber Agreement October 6, 2003
2. RIGHTS GRANTED AND PURPOSE
The purpose of this Agreement is for the Parties to allow the connection to their respective FON by
the other Party. Any and all connections shall have the approval of the FON's owner per the
procedures set forth in this Agreement.
Each Party authorizes and permits the other Party to enter upon its Right of Way and to attach,
install, operate, maintain, remove, reattach, reinstall, relocate, and replace such connections of the
entering Party's FON to the owning Party's FON pursuant to the procedures set forth in this
Agreement.
The Parties shall exchange unmodulated, single-mode fiber optic cable strands, hereafter referred to
as "dark" strands, for transportation use only. The unit of capacity exchange shall be mutually
agreed upon on a case-by-case basis. Capacity exchanges need not be on an equal basis.
Any and all rights expressly granted to either Party to use the FON of the other Party shall be subject
to the prior and continuing right of the Party to whom the FON belongs to use its FON for its own
purposes under applicable laws and shall be further subject to all deeds, easements, dedications,
conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the
rights to use the FON.
Nothing in this Agreement shall be deemed to grant, convey, create, or vest in either Party a real
property interest in land, including any fee, leasehold interest, or easement.
3. NOTICE OF CONNECTION
Every connection to the other Party's network must have the prior written approval of the other Party
prior to any work being done. A properly completed authorization form (Exhibit A) shall be submitted
for approval. The other Party shall approve or disapprove such connection in writing within sixty (60)
days. Upon the completion of installation, the connecting Party shall promptly furnish to the other
Party suitable documentation showing the exact nature of the connection. The Party authorized to
approve requests for connection to the City's FON is the Director of Municipal Information Systems or
designee. The Party authorized to approve requests for connection to the State's FON is the District
Engineer, Director of Traffic Operations or their designee.
Any modification of a connection shall use the same approval process specified above.
4. RESPONSIBILITIES
The State shall not be responsible for the following:
A. Design, engineering, and installation of the Local Government's fiber optic network system and
components within the Local Government's Right of Way.
B. Operation and maintenance of the Local Government's fiber optic network system and
components within the Local Government's Right of Way.
C. Maintenance of all connections made by the Local Government to the State's fiber optic
network.
The Local Government shall not be responsible for the following:
A. Design, engineering, and installation of the Local Government's fiber optic network system and
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HC fiber Agreement October 6, 2003
components within the State's Right of Way.
B. Operation and maintenance of the State's fiber optic network system and components within
the State's Right of Way.
C. Maintenance of all connections made by the State to the Local Government's fiber optic
network.
5. INFORMATION EXCHANGE
Each Party agrees to meet at a minimum of annually for the purpose of reviewing future plans and
current status of their respective FONs.
6. TERMINATION OF AUTHORIZATIONS
The Parties each acknowledge that should either Party determine that it is necessary for the proper
operation of its FON, for the purposes of its respective governmental entity, to rescind a prior
authorization, the Party may do so by at least ninety (90) day written notice to the other Party. Upon
receipt of written notice to rescind a prior authorization, the Party shall remove its facilities from the
FON within time specified in the written notice at its sole costs and expense.
If, in the opinion of the Party that owns the FON, the other Party's use of their FON interferes with or
disrupts their FON, the Party who owns the FON may disconnect the other Party's equipment from
its FON until the cause of the interference is corrected.
7. TERMINATION UPON NOTICE
This Agreement is expressly made subject to the rights herein granted to both Parties to terminate
this Agreement upon thirty (30) days written notice, and upon the exercise of any such right by either
Party, all obligations herein to make improvements to said facility shall immediately cease and
terminate.
8. MODIFICATION/TERMINATION OF AGREEMENT
If in the judgment of either Party it is found at any future time that traffic conditions have so changed
that the existence or use of the respective FONs facilities is impeding maintenance, damaging the
highway facility, impairing safety or that the facility is not being properly operated, that it constitutes a
nuisance, is abandoned, or if for any other reason it is the Party's judgment that such facility is not in
the public interest, this Agreement may be: (1) modified if corrective measures acceptable to both
Parties can be applied to eliminate the objectionable features or (2) terminated under article 7 and
the use of the area as proposed herein discontinued.
9. SOLE AGREEMENT
This Agreement constitutes the sole and only agreement between the Parties hereto and supersedes
any prior understandings or written or oral agreements respecting the within subject matter.
10. ACKNOWLEDGEMENT OF RESPONSIBILITY
The Parties agree that no Party is an agent, servant, or employee of any other Party and agree that
this Agreement shall not be construed as creating any responsibility or liability by one Party for the
acts and deeds of the other Party or such other Party's contractors, employees, representatives, and
agents.
Each Party shall have a reasonable opportunity to repair any damage caused by its agent or
employee prior to the other Party starting repairs.
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HC fiber Agreement October 6, 2003
11. FUNDING
Neither Party shall have any obligations to pay any costs related to the other Party connecting to its
FON. The determination to make connections to the other Party's FON is optional. If the Local
Government is paying for the performance of services or equipment under this Agreement, those
payments shall be made from current revenues available to the Local Government.
12. AMENDMENTS
Any changes in the time frame, character or responsibilities of the Parties shall be enacted by a
written amendment executed by both Parties. No officer or employee of the Local Government may
waive or otherwise modify this Agreement, without the express action of the governing body of the
Local Government.
13. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this Agreement shall for any reason be held
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any provision thereof and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained in this Agreement.
14.ASSIGNMENT PROHIBITION
The Parties agree that the rights conferred by this Agreement shall not be assigned to any third Party.
15. SUCCESSORS AND ASSIGNS
The State and the Local Government each binds itself, its successors, executors, assigns, and
administrators to the other Party to this Agreement and to the successors, executors, assigns, and
administrators of such other Party in respect to all covenants of this Agreement.
16. NONEXCLUSIVE USE
Each Party understands that this Agreement does not provide it with exclusive use of the FON and
that each Party shall have the right to permit other's use of its FON.
17. GOVERNING LAW AND VENUE
This Agreement is governed by the laws of the State of Texas. Venue for an action arising under this
Agreement shall be in accordance with the Texas Rules of Civil Procedure. The Parties agree that
venue for this Agreement is Travis County.
18. NOTICES
All notices and requests for authorization required under this Agreement shall be mailed or hand
delivered to the following respective addresses:
Local Government:
City of Corpus Christi
Attn: City Manager
P.O. Box 9277
Corpus Christi, TX 78469
State:
Texas Department of Transportation
Attn: District Engineer
P.O. Box 9907
Corpus Christi, TX 78469
Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after
deposit in the mail, or the next day in the case of facsimile, email, or overnight delivery. Either Party
may from time to time designate any other address for this purpose by written notice to the other
Party delivered in the manner set forth above.
HC fiber Agreement 4
October 6, 2003
19. PARTICIPATION NOTICE
Each Party must notify the other Parties of its participation in this Agreement by furnishing an
executed original of the attached Participation Notice (Attachment 1).
20. SIGNATORY WARRANTY
This Agreement has been officially authorized by the governing body of each Party, and each
signatory to this Agreement guarantees and warrants that the signatory has full authority to execute
this Agreement and to legally bind their respective Party to this Agreement..
21. ADMINISTRATIVE SERVICES
Each Party agrees to provide administrative services necessary to coordinate this Agreement,
including providing the other Party with a current list of contact information for each Party.
22. INTERLOCAL COOPERATION ACT
The Parties agree that activities contemplated by this Agreement are "governmental functions and
services" and that the Parties are "local governments" as those terms are defined in the Interlocal
Cooperation Act, Chapter 791 of the Texas Government Code and Transportation Code, Section
201.209.
23. IMMUNITY NOT WAIVED
Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or
other immunity or defense of the Parties or their officers, employees, representatives, and agents as
a result of the execution of this Agreement and the performance of the covenants contained in this
Agreement.
24. CIVIL LIABILITY TO THIRD PARTIES
Each Party shall be responsible for any civil liability for its own actions under this Agreement, and will
determine what level, if any, of insurance or self-insurance it should maintain for such situations.
25. CAPTIONS
Captions to provisions of this Agreement are for convenience, and shall not be considered in the
interpretation of the provisions.
HC fiber Agreement
October 6, 2003
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By:
Title:
Zane Webb
Maintenance Division Director
Date
Recommended by:
David B. Casteel, P.E.
District Engineer, Corpus Christi
Date
Recommended by:
Carlos A. Lopez, P.E.
Director, Traffic Operations Division
Date
THE LOCAL GOVERNMENT
City of Corpus Christi
Name of the Local Government
By:
Printed Name
Title
Date
HC fiber Agreement 6
October 6, 2003
EXHIBIT A
REQUEST FOR AUTHORIZATION OF FIBER NETWORK CONNECTION
Requested by: Texas Department of Transportation __ City of Corpus Christi
Section 1 - Ingress Fiber Access Location Information
Ingress Location (e.g. control cabinet name)
Identification
Ingress Location (physical address)
Address
Fiber Interface __ Dark Fiber Splice __ Wave Division Multiplexer Connection
Method
Interface Quantity (e.g. # of fiber strands, # of WDM connections
Interface Optical 850 nm __ 1310 nm 1550 nm
Wavelength
Other (Specify)
Maximum T-1 __ NTSC 10Mbps 100 Mbps __ 1Gbps
Interface
Bandwidth __ DS-3 __ OC-3 OC-12 OC-48
Other (Specify)
Special Ingress (e.g. routing, backup considerations, maximum path loss)
Requirements
and Comments
Section B - Ecjress Fiber Access Location Information
Egress Location (e.g. control cabinet name)
Identification
Egress Location (Physical address)
Address
Special Egress
Requirements
and Comments
Contact Person:
Activation Date Requested:
Requested By:
Section C - Provider Review and Response
Engineering Comments:
Phone No.:
Date:
Engineering Recommendation:
Engineering Reviewed By:
Approved by:
Approve
Do Not Approve
Date:
Date:
ATTACHMENT 1
PARTICIPATION NOTICE
I hereby notify the [other Party] that [Party] has approved participation in the Interlocal Agreement
Fiber Network Interconnection Agreement City of Corpus Christi and Texas Department of
Transportation, by lawful action of its governing body, a true copy of which is attached and
incorporated in this Agreement.