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HomeMy WebLinkAboutContract 59506CSC No. 59506 CONSENT AGENDA ITEM BOARD MEETING May 23, 2023 TOPIC: APPROVE INTERLOCAL AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH TO STATE THE RESPONSIBILITIES OF EACH PARTY CONCERNING THE NEIGHBORHOOD WI-FI PROGRAM EQUIPMENT BACKGROUND: The Fort Worth Independent School District (FWISD) and the City of Fort Worth (City) have partnered together in the FWISD Neighborhood Wi-Fi Program. The City owns the wireless communications equipment located and installed at eight (8) FWISD schools. The Neighborhood Wi-Fi Program ensures quality internet connections for all our families across our District. Leadership is asking to approve the Interlocal Agreement that states the responsibilities of each party for the time period that City equipment is installed at FWISD locations. STRATEGIC GOAL: 1 - Increase Student Achievement ALTERNATIVES• 1. Approve Interlocal Agreement Between Fort Worth Independent School District and the City of Fort Worth to State the Responsibilities of Each Party Concerning the Neighborhood Wi- Fi Program Equipment 2. Decline to Approve Interlocal Agreement Between Fort Worth Independent School District and the City of Fort Worth to State the Responsibilities of Each Party Concerning the Neighborhood Wi-Fi Program Equipment 3. Remand to Staff for Further Study SUPERINTENDENT'S RECOMMENDATION: Approve Interlocal Agreement Between Fort Worth Independent School District and the City of Fort Worth to State the Responsibilities ofEach Party Concerning the Neighborhood Wi-Fi Program Equipment. FUNDING SOURCE: Additional Details No Cost Not Applicable COST: No Cost OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX VENDOR: City of Fort Worth PURCHASING MECHANISM: Not a Purchase Purchasing Support Documents Needed: Interlocal IL - Price Quote and IL Contract Summary Rec arirec/ PARTICIPATING SCHOOL S /DEPARTMENT S /EDUCATIONAL ENTITY: Como Montessori Richard J. Wilson Elementary School Morningside Middle School Polytechnic High School Rufino Mendoza Elementary School J.P. Elder Middle School North Side High School Martin Jacquet Middle School RATIONALE: Numerous FWISD families lack home internet access, making it difficult to attend online classes, apply for jobs, or tap into other social service resources. That digital divide is impacting residents' quality of life, and that issue became especially apparent during the COVID-19 pandemic. Fort Worth ISD partnered with the City of Fort Worth to use school buildings to hold equipment that will originate the signal. The City of Fort Worth owns wireless communications equipment installed at eight (8) FWISD locations for the benefit of the Neighborhood Wi-Fi Program. This Interlocal Agreement states the responsibilities for both FWISD and the City for the time period that the equipment is installed at the FWISD locations. INFORMATION SOURCE: Karen Molinar INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into by and between the City of Fort Worth (`Fort Worth"), a Texas home rule municipality, and the Fort Worth Independent School District, a political subdivision of the state of Texas and a legally constituted independent school district located in Tarrant County, Texas, ("FWISD"). Individually, Fort Worth and FWISD may be referred to herein as a "Party" and collectively as the "Parties." The term Fort Worth, when the context so indicates, shall include all employees, directors, officials, agents, and authorized representatives. The term FWISD, when the context so indicates, shall include all employees, directors, officials, agents, and authorized representatives. RECITALS WHEREAS, this Agreement is made under the authority of Sections 791.001-791.029, Texas Government Code; WHEREAS, each governing body finds that the subject of this Agreement is necessary for the benefit of the public and each has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement; WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties; WHEREAS, Fort Worth has certain wireless communications equipment installed at FWISD locations listed on Exhibit A attached; and WHEREAS, the parties wish to enter into this Agreement to memorialize the responsibilities of each party concerning the Fort Worth equipment on FWISD property. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: I. AGREEMENT DOCUMENTS. The Agreement documents shall include the following: A. This Interlocal Agreement B. Exhibit A — Fort Worth Installed Equipment, FWISD Locations, and Fort Worth and FWISD Contact Information Exhibit A, which is attached hereto and incorporated herein, is made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of the Exhibit and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. II. PURPOSE. Fort Worth owns wireless communications equipment installed at eight (8) FWISD locations for the benefit of the Neighborhood WiFi program. This Agreement Page 1 of 12 states the responsibilities of each party for the time period that Fort Worth equipment is installed at FWISD locations. III. SERVICES TO BE PERFORMED. A. Fort Worth Responsibilities: • Monitor, repair, and/or replace Fort Worth -owned wireless communications equipment ("Equipment') installed at FWISD locations listed in Exhibit A with reasonable diligence upon receipt of notice of any damage, destruction, theft, or upon inspection. • Communicate with FWISD through designated contacts in Exhibit A when access to the Equipment is necessary. B. FWISD Responsibilities: ■ Provide reasonable access to Fort Worth -owned Equipment located on FWISD property upon request by Fort Worth through contacts designated in Exhibit A. • Notify Fort Worth through contacts designated in Exhibit A of the relocation of the MDF/IDF Closet and/or any Fort Worth Equipment at FWISD locations in Exhibit A. • Notify Fort Worth, through contacts designated in Exhibit A, immediately if any damage occurs to Fort Worth Equipment installed at FWISD locations in Exhibit A. ■ Communicate to the Fort Worth Network Team designated in Exhibit A of any Equipment outages or issues relating to Equipment operation or functionality. • Take reasonable steps to prevent unauthorized access to Fort Worth -owned Equipment. IV. MISCELLANEOUS A. Term and Termination Term. This Agreement shall become effective upon execution by Fort Worth and FWISD ("Effective Date") and shall expire upon written notice by Fort Worth or FWISD or until equipment is removed from FWISD locations, whichever is earlier. Page 2 of 12 2. Termination. Fort Worth and FWISD may terminate this Agreement at any time and for any reason by providing written notice of termination. The termination shall be immediate upon notice or on a date certain if a specific date of termination is included in the written notice. Upon termination, Fort Worth shall remove all Equipment from FWISD within 30 days from the date of termination. If such Equipment is not removed within 30 days, FWISD may dispose of any and all Equipment without incurring any liability to Fort Worth. C. Records. Each Party shall maintain its own service records in accordance with its records policies and any applicable laws or regulations. Any records that must be shared to effectuate the purpose of this Agreement shall be done only as allowed by law and in compliance with any applicable regulations and this Agreement. D. Immunity. It is expressly understood and agreed that in the execution of this Agreement, neither Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. E. Remedies. No right or remedy granted herein or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted, but each shall be cumulative of every other right or remedy that is given hereunder. No covenant or condition of this Agreement may be waived without the written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. F. Amendment. No supplement, modification, or amendment of any term, provision, or condition of this Agreement shall be binding or enforceable on either Party hereto unless in writing signed by both Parties. G. Consideration and Compensation. The Parties acknowledge that as a condition precedent to signing this Agreement, that there was good and valuable consideration exchanged between the Parties. FWISD accepts Fort Worth's provision of equipment and communication as consideration for its performance of its duties and obligations set forth in this Agreement. Fort Worth accepts FWISD communication and support, as described by this Agreement, as consideration for its obligations and duties set forth in this Agreement as reasonable compensation. H. Assignment. No Party to this Agreement may assign its rights under this Agreement without the prior written consent of the other Party. I. Governing Law; Jurisdiction. The agreement between the Parties regarding the subject matter hereof shall be governed by and interpreted in accordance with the laws of the state of Texas, without reference to its laws relating to conflicts of law. Any legal action arising out of or relating to the subject matter hereof shall be brought only in the state or federal courts located in Tarrant County, Texas, and the Parties irrevocably consent to the jurisdiction and venue of such courts. Page 3 of 12 J. Relationship of the Parties. None of the provisions of this Agreement are intended to create, and none shall be deemed or construed to create, any relationship between the Parties, other than that of independent contractors. This Agreement shall not create the relationship of employer -employee, agency, partnership, or joint venture. Neither Party shall have the right or power in any manner to unilaterally obligate the other to any third party, whether or not related to the purpose of this Agreement. K. Notices. Notices pursuant to this Agreement must be in writing to be effective. Notices shall be delivered as follows: a. For FWISD: Dave Guerra FWISD 100 N. University Drive Fort Worth, TX 76107 With copy to: FWISD Office of Legal Services 100 N. University Dr., Suite SW 172 Fort Worth, TX 76107 b. For Fort Worth. City of Fort Worth, IT Solutions Department Attn: Kevin Gunn, Director, IT Solutions 200 Texas Street Fort Worth, TX 76102 With copy to Fort Worth City Attorney's Office at same address L. Severability. Should any part, term, or provision of this Agreement be declared to be invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof shall remain in full force and effect, and shall in no way be invalidated, impaired, or affected thereby. M. Entire Agreement. This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed, and supersedes all prior written or oral agreements or communications between the Parties. J. Electronic Signatures; Facsimile and Scanned Copies; Duplicate Originals; Counterparts; Admissibility of Copies. Each Party agrees that: (i) any electronic signature (if any), whether digital or encrypted, to this Agreement made by any Party is intended to authenticate this Agreement and shall have the same force and effect as an original manual signature; and (ii) any signature to this Agreement by any Party transmitted by facsimile or by electronic mail shall be valid and effective to bind that Party so signing with the same force and effect as an original manual signature. Delivery of a copy of this Agreement or any other document contemplated hereby Page 4 of 12 bearing an original or electronic signature by facsimile transmission (whether directly from one facsimile device to another by means of a dial -up connection or whether mediated by the worldwide web), by electronic mail in portable document format (.pdf) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature. This Agreement may be executed in multiple duplicate originals and all such duplicate originals shall be deemed to constitute one and the same instrument. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall be deemed to constitute a single instrument. The Parties warrant and represent that a true and correct copy of the original of this Agreement shall be admissible in a court of law in lieu of the original Agreement for all purposes of enforcement hereof. K. Binding Agreement. The Parties hereto warrant and represent that upon execution hereof, this Agreement shall be a legal, valid and binding obligation on them and shall be enforceable against them in accordance with its terms. The individuals signing this Agreement warrant and represent that they are duly authorized to sign this Agreement on behalf of the Parties hereto. L. Budgetary Limitations. The Parties acknowledge and agree that both Parties are governmental entities and, as such, are subject to an annual budgetary process and the limitations and restrictions of fiscal funding. Notwithstanding any other provision herein, if and to the extent the obligations of this Agreement should continue over into FWISD's or Fort Worth's subsequent fiscal years following that fiscal year when this Agreement was executed and funds are not appropriated or budgeted for this Agreement and completion of the Term in question, FWISD or Fort Worth may terminate this Agreement. Each Party shall pay for its own performance in connection with this Agreement out of its own available current revenues. M. Liability. Each Party shall be solely responsible for its own actions or inaction and the actions or failure to act of its respective employees, agents, officers, officials, and contractors. Neither Party shall be responsible for the actions, errors, omissions, negligence, misfeasance, or malfeasance of the other Party or any employee, agent, officer, official, or contractor of the other Party. [SIGNATURE PAGE FOLLOWS] Page 5 of 12 Consented to and Agreed as of the Effective Date. FWISD 100 N. University Dr., Suite SW 172 Fort Worth, TX 76107 By: Name:S,+� Title: Pits% Date: ATTEST: By: Name: GJ &vahs Title: $a&Ve,0 rr a mitt FORT WORTH: City of Fort Worth By: Name Title: Date: Valerie Vlwhington (May30, 2D23 1040 CDT) Valerie Washington Assistant City Manager May 30, 2023 Approval Recommended: By: Name: Kevin Gunn Title: Director, IT Solutions Department Attest: By: Name: Jannette Goodall Title: City Secretary APPROVED AS TO FORM: By: Nam ' Alexander At nason Title: Staff Attorney, Fort Worth ISD goo�onp4 aA o. o foRT*�.oO4 0 Pvo= opao a �dIl nEXA544b Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Title: S.Trotter (May 25, 202316 47 CDT) Sallie Trotter Assistant Director, IT Solutions Approved as to Form and Legality: By: Name: Taylor Paris Title: Assistant City Attorney Contract Authorization: M&C: N/A Page 6 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A FWISD PRIMARY CONTACT S.no FWISD Address City State Zip Area Director Contact Num Email 1 Como Montessori 4001 Littlepage St Fort Worth TX 76107 Danny Roberts 817-988-7958 daniel.roberts@fwisd.org 2 Richard J Wilson Elementary 900 W Fogg St Fort Worth TX 76110 Danny Roberts 817-988-7958 daniel.roberts@Iwisd.org 3 Morninigside Middle School 2751 Mississippi Ave Fort Worth TX 76104 David Guerra 817.815.7550 dawd.guerra@Wsd.org 4 Polytech High School 1300 Conner Ave Fort Worth TX 76105 David Guerra 817.815.7550 david.guerra@fwisd.org 5 6 7 Rufino Mendoza 1P Elder Northside High School 1412 Denver Ave 709 NW 21 St 2211 McKinley Ave Fort Worth TX Fort Worth TX Fort Worth TX 76106 76106 76106 Louis Guerrero Louis Guerrero Louis Guerrero 817.815.7426 817.815.7426 817.815.7426 louis.guerrero@fwisd.org louis.guerrero@fwisd.org louis.guerrero@fwisd.org 8 Martin Jacquet Middle School 2501 Stalcup Rd Fort Worth TX 76119 David Guerra 817.815.7550 david.guerra@fwisd.org FORT WORTH PRIMARY CONTACT CFW Roster Sallie Trotter Assistant Director IT Solutions Sallie.Trotter@fortworthtexas.gov Bobby Lee Sr. IT Solutions Manager - Infrastructure Bobby. Lee@fortworthtexas.gov Brandon Butler (Support Team) IT Solutions Manager - Networking / Telephony Brandon. Butler@fortworthtexas.gov Minu' Chandan IT Solutions Project Manager Minu.Chandan@fortworthtexas.gov Kathy Agee -Dow IT Contract Services Administrator Kathryn.Agee-Dow@fortworthtexas.gov FWISD LOCATIONS Como Montessori Como Montessori is located at 4001 Little page Street in Fort Worth, Texas. A walkthrough of the site was conducted on March 2nd, 2021. Installed Equipment onsite • Meraki MX250 • Meraki MS250-24P • 3 x Fluidmesh 3500 ENDO • 2 x 120-degree Sector and 1 x FM -Horn 90 Cabling between the Fluidmesh and Meraki MS250-24P is Cat6 Outdoor/Shielded cabling into the building at which point it transitions to Plenum grade shielded cable. The Fluidmesh connects to the sector antenna using LMR240 RF antenna cabling. Site Installation Details Page 7 of 12 The Meraki MX250 is installed into the school MDF. This room is located on the ground floor of the school. The MS250 is located on the 2nd Floor in the IDF positioned to the center of the building. On the roof of the center building are three (3) Fluidmesh Radios with two (2) sector antennas and a single panel antenna facing Pole 26. Access to network spaces will require the school custodian to open the room and provide access. Richard J. Wilson Elementary School Richard J. Wilson Elementary School is located at 900 W Fogg Street in Fort Worth, Texas. A walkthrough of the site was conducted on February 23rd, 2021. Installed Equipment onsite ■ Meraki MX250 Meraki MS250-24P • 4 x Fluidmesh 3500 ENDO ■ 4 x FM -Horn 90 Cabling between the Fluidmesh and Meraki MS250-24P is Cat6 Outdoor/Shielded cabling into the building at which point it transitions to Plenum grade shielded cable. The Fluidmesh connects to the sector antenna using LMR240 RF antenna cabling. Site Installation Details The Meraki MX250 is installed into the school MDF. This room is located in the center section of the building is located in an area that isn't technically a 2ndfloor but its elevated. The MS250 is located in the same MDF. On the roof of the center building are four (4) Fluidmesh Radios with connected FM -Horn antennas. Access to network spaces will require the FWISD area director approval and school custodian to open the room and provide access. Morningside School Morningside School is located at 2751 Mississippi Avenue in Fort Worth, Texas. A walkthrough of the site was conducted on March 2nd, 2021. Installed Equipment onsite: • Meraki MX250 • Meraki MS250-24P • 1 x Fluidmesh 3500 ENDO Page 8 of 12 • 1 x 120-degree sector Cabling between the Fluidmesh and Meraki MS250-24P us Cat6 Outdoor/Shielded cabling into the building at which point it transitions to Plenum grade shielded cable. The Fluidmesh connects to the sector antenna using LMR240 RF antenna cabling Site Installation Details The Meraki MX250 is installed into the school MDF. This room is located on the ground floor of the school. The MS250 is located on the 2nd Floor in the IDF positioned to the center of the building. On the roof of the center building is a single Fluidmesh Radios with one (1) sector antenna. Access to network spaces will require the school custodian to open the room and provide access. PolyTech High School PolyTech High School is located at 1300 Conner Avenue in Fort Worth, Texas. A walkthrough of the site was conducted on March 2nd, 2021. Installed Equipment onsite • Meraki MX250 • Meraki MS250-24P • 2 x Fluidmesh 3500 ENDO • 2 x FM -Horn 90 Cabling between the Fluidmesh and Meraki MS250-24P is Cat6 Outdoor/Shielded cabling into the building at which point it transitions to Plenum grade shielded cable. The Fluidmesh connects to the sector antenna using LMR240 RF antenna cabling. Site installation Details The Meraki MX250 is installed into the school MDF. This room is located on the ground floor of the school. The MS250 is located on the 4th Floor in the IDF positioned to the center of the building. On the roof of the center building are two (2) Fluidmesh Radios with two (2) horn antennas. Access to network spaces will require the school custodian to open the room and provide access. Mendoza Elementary School Mendoza Elementary School is located at 1412 Denver Avenue in Fort Worth, Texas. A walkthrough of the site was conducted on March 1st, 2021. Installed Equipment onsite: Page 9 of 12 • Meraki MX250 • Meraki MS250-24P • 5 x Fluidmesh 3500 ENDO • 5 x FM -Horn 90 Cabling between the Fluidmesh and Meraki MS250-24P is Cat6 Outdoor/Shielded cabling into the building at which point it transitions to Plenum grade shielded cable. The Fluidmesh connects to the sector antenna using LMR240 RF antenna cabling. Site Installation Details The Meraki MS250 at Mendoza Elementary School will be installed into IDF B on the second floor in order to limit the distance for the shielded ethernet cables going to the roof. The Meraki MX250 was installed into the MDF location. The MDF had space on the backer board for an additional internet circuit. Access to network spaces will require the school custodian to open the room and provide access. JP Elder Middle School JP Elder Middle School is located at 709 NW 21st Street in Fort Worth, Texas. A walkthrough of the site was conducted on March 1st, 2021. Installed Equipment onsite • Meraki MX250 • Meraki MS250-24P • 12 x Fluidmesh 3500 ENDO • 12 x FM -Horn 90 Cabling between the Fluidmesh and Meraki MS250-24P is Cat6 Outdoor/Shielded cabling into the building at which point it transitions to Plenum grade shielded cable. The Fluidmesh connects to the sector antenna using LMR240 RF antenna cabling. Site Installation Details JP Elder Middle School has two separate buildings connected by fiber. Each building has a Meraki MS250 installed on the upper floor to provide connectivity and power to the Fluidmesh 3500 Endo access points. These Meraki switches were then connected to the Meraki MX250 via fiber. The Meraki MX250 was installed into the MDF location which is located next to the main office. The MDF had space on the backer board for an additional internet circuit. Access to network spaces will require the school custodian to open the room and provide access. Page 10 of 12 Northside High School Northside High School is located at 2211 McKinley Avenue in Fort Worth, Texas. A walkthrough of the site was conducted on March 1st, 2021. Installed Equipment onsite • Meraki MX250 • Meraki MS250-24P • 2 x Fluidmesh 3500 ENDO • 2 x 120-degree sector Cabling between the Fluidmesh and Meraki MS250-24P is Cat6 Outdoor/Shielded cabling into the building at which point it transitions to Plenum grade shielded cable. The Fluidmesh connects to the sector antenna using LMR240 RF antenna cabling. Cabling between the Fluidmesh and Meraki MS250-24P is Cat6 Outdoor/Shielded cabling into the building at which point it transitions to Plenum grade shielded cable. The Fluidmesh connects to the sector antenna using LMR240 RF antenna cabling. Site Installation Details Northside High School has two separate buildings connected by fiber. Each building has a Meraki MS250 installed on the upper floor to provide connectivity and power to the Fluidmesh 3500 Endo access points. These Meraki switches are then connected to the Meraki MX250 via fiber. The Meraki MX250 was installed into the MDF location. Access to network spaces will require the school custodian to open the room and provide access. Martin Jacquet School Martin Jacquet School is located at 2501 Stalcup Road in Fort Worth, Texas. A walkthrough of the site was conducted on March 1st, 2021. Installed Equipment onsite • Meraki MX250 • Meraki MS250-24P • 1 x Fluidmesh 3500 ENDO • 1 x 120-degree sector Page 11 of 12 Site Installation Details Martin Jacquet School is a single building. The Meraki MS250 switch was installed into an upstairs OF in order to reduce the cable distance between the Fluidmesh 3500 radios on the roof and the switch. The Meraki MX250 was installed into the MDF location and connects to the MS250 via fiber. Access to network spaces will require the school custodian to open the room and provide access. Page 12 of 12