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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. 1 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 2 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. 3 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.