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Home My WebLink AboutContract 37987-E3CSC No. 37987-E3 STATE OF TEXAS § COUNTIES OF TARRANT, § DENTON, PARKER AND WISE § THIRD EXTENSION TO INTERLOCAL AGREEMENT (CITY SECRETARY CONTRACT NO. 37987) WITH THE TARRANT REGIONAL WATER DISTRICT FOR THE USE OF AND MODIFICATION OF A RADIO TOWER THIS THIRD EXTENSION TO INTERLOCAL AGREEMENT (CITY SECRETARY CONTRACT NO. 37987) WITH THE TARRANT REGIONAL WATER DISTRICT FOR THE USE OF AND MODIFICATION OF A RADIO TOWER is entered into by and between the City of Fort Worth ("City "), a home -rule municipality in the State of Texas, acting through Fernando Costa, its duly authorized Assistant City Manager, and the Tarrant Regional Water District ("District"), by and through Dan Buhman, its duly authorized General Manager. WHEREAS, the City and District, entered into that certain Interlocal Agreement identified as City Secretary Contract No. 37987 (the "Agreement") for a term of five (5) years beginning November 25, 2008 allowing the City to co -locate its communication equipment on the District's radio tower located on the Eagle Mountain Balancing Reservoir site for the purposes of facilitating provision of water service to its customers; and WHEREAS, on March 12, 2014, the City and District entered into that certain Extension and Amendment to Interlocal Agreement (City Secretary Contract No. 37987-A1) with the Tarrant Regional Water District for the Use of and Modification of a Radio Tower (the "Amendment"), amending certain terms of the Agreement and extending the term for an additional five (5) years; and WHEREAS, on January 28, 2019, the City and District entered into that certain Second Extension and Amendment to Interlocal Agreement (City Secretary Contract No. 37987-E2) with the Tarrant Regional Water District for the Use of and Modification of a Radio Tower (the "Amendment"), amending certain terms of the Agreement and extending the term for an additional five (5) years; WHEREAS, the parties wish to extend and amend the Agreement, as amended. -1- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as follows: 1. Term: The term of the Agreement shall be renewed and extended to terminate on November 30, 2028. H. Section 3A: Installation of Communication Equipment: From and after the Effective Date, Section 3A of the Agreement shall be deleted and amended to read as follows: As consideration for the modification of the District's radio tower for the purpose of allowing the City to co -locate communication equipment on the radio tower, the District agrees to allow the City to mount one (1) 15 foot Sinclair Model SC488-SF4SNF omm antenna, to be located at a point 135 vertical feet from the base of the tower. In addition, the District agrees to allow the City to mount one (1) MDS Master Station in the District's existing radio building located at the base of the tower and utilize the existing UPS power circuit. The City shall not impair access to the southernmost legs of the radio tower extending up to a height of approximately 100 feet. 111. Other Terms and Conditions. All other teens and conditions of the Agreement, as amended, remain in full force and effect, including, but not limited to, those provisions relating to installation, operation and maintenance of the communication equipment and access to the radio tower. Executed this day of , 2024 (the "Effective Date") TARRANT RECIOrAL XVATER DISTRICT By: jh Daun GeManager ATT By: / R. Steve Christian Real Property Director -2- By: Name: Fernando Costa Title: Assistant City Manager May 24, 2024 APPROVAL RECOMMENDED: CGc�r�� tl��7er By: Christopher Hat her (May 24, 2024 08:19 CDT) Name: Christopher Harder Title: Director, Water Department ATTEST: �``P ",� By: Name: Jannette Goodall Title: City Secretary P:\TRND\Misc Land ktanagmdBalancine Reservoir Radio Tmver\Third Amendment 04-17-24.does -3- 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: Richard Lisenb e (May 17, 202422:58 CDT) Name: Richard Lisenbee Title: Sr. IT Manager, Water Department APPROVED AS TO FORM AND LEGALITY: By: Name: Matthew A. Murray Title: Sr. Assistant City Attorney Section Chief M&C C-21881 / December 12, 2006 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX !' INTERLOCAL AGREEMENT TE[lS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home - rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "City," acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, and the Tarrant Regional Water District, a wail .r control and improvement district, hereinafter called "District", acting herein by and through JON4Y its duly authorized 1RGNE#.4l-- Manager. WITNESSETH: WHEREAS, the District has constructed a radio tower on the Eagle Mountain Balancing Reservoir Site adjacent to the City's Westland Water Tank and Pump Station; WHEREAS, due to the location of the radio tower the City has an interest in co -locating communication equipment on the District's radio tower, WHEREAS, the City Council authorized the execution of an Interlocal Agreement for the use and modification of a Tarrant Regional Water District Radio Tower by the Water Department (M&C C-21881); WHEREAS, Texas Government Code, Chapter 791, and Texas Water Code, Chapter 49, authorize the fonnation of interlocal cooperation agreements between governmental entities to perform governmental functions and services; and WHEREAS, as applicable, this Agreement is subject to the provisions of Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act. NOW THEREFORE, it is agreed as follows: 1. Purrpose The purpose of this Interlocal Agreement (Agreement) is to allow the City to co -locate its communication equipment on the District's radio tower located on the Eagle Mountain Balancing Reservoir Site for the purpose of facilitating the provision of water service to its customers. 2. Term The term of this Agreement shall be for a period of five (5) years commencing on the date the last party executes this Agreement. Unless sooner terminated, this Agreement may be renewed and extended at the end of the initial five (5) year term by an instrument in writing signed by both parties. 3. Installation of Communication Eauinment A. As consideration for the modification of the District's radio tower for the purpose of allowing the City to co -locate communication equipment on the radio tower, the District agrees to allow_the City to mount one (1).Cushcrafi PC9010N Yagi antenna at 80 feet'of the radio tower and one (1) three to six feet dish antenna at.105 feet of the radio tower.- B. The City shall coordinate with the District on the details of installation so as to minimize any negative effect to the District's use and operation of the radio tower, as far as is reasonably practicable. The District agrees to cooperate with the City's installation of the communication equipment as described in 3A. and agrees to promptly review all installation plans and coordinate access to the radio tower as well as provide for the temporary use of electrical circuits. The District shall have the right to observe the installation of the communication equipment and the right to object to installation not being made according to industry standards. C. In the event that the City's installation of the communication equipment described in 3A. cause any negative effects to the District's use and operation of the radio tower, the City aggress to take such remedial steps as are reasonably necessary to correct or eliminate such negative effects. D. The parties further agree to reasonably cooperate with the other in resolving any issues pertaining to the installation and subsequent operation of the communication equipment described in 3A. 4. Ooeration and Maintenance of Communication Eauinment A. Both parties acknowledge and agree that the District is the sole owner of the radio tower on the Eagle Mountain Balancing Reservoir Site. The City shall have no obligation to maintain the radio tower or its associated facilities, except as required in this Agreement. The District agrees to operate and maintain the radio tower in manner that does not substantially interfere with the use and operation of the City's communication equipment. Interlocal for Radio Tower with Water District CRR 11.11.08vexecutloncopy Page 2 The District further agrees to provide advance reasonable notice to the City of any maintenance to be performed on the radio tower. B. The City shall own, operate and maintain the communication equipment as described in IA in a safe and appropriate manner and in accordance with any and all applicable federal, state and local laws, rules and regulations. C. The City shall provide advance reasonable notice to the District of any maintenance to be performed on the City's communication equipment. The City further agrees to use its best efforts not to interfere with the District's normal use or operation of its radio tower or equipment. 5. Access to the Radio Tower A. The parties agree that the City shall, at no additional cost to the City, have the right of entry and access to the radio tower and associated facilities for the use, operation and maintenance of the City's communication equipment. B. At no additional cost to the City, the District agrees to allow the City to install and maintain such cables as are required to support the electrical needs of the communication equipment to function properly including, but not limited to, the buried conduit ductbank that begins at the base of the radio tower and ends at the joint property line between the Eagle Mountain Balancing Reservoir and City's Westland Water Tank and Pump Station. 6. Comnemdon As fair and complete compensation to.the District for those benefits bestowed pursuant to this Agreement, City shall make a one-time, non-refundable payment to the District of thirty=five thousand dollars ($35,000,00) Pursuant to the requirements of Government Code §791.011(d)(3), the amount shall be paid by the City from revenues available at the time of execution, fiscal year 2007 through 2008. 7. Termination This Agreement may be terminated upon ninety days (90) days written notice to the other party. Intslocal for Radio Tower with Watt District CRR 11.11.08vcuru uncWy Page 3 8. Liabilities To the extent permitted by law, the City shall be responsible for property damages, repair and replacement, personal injuries and death that are directly related to the work performed pursuant to this Agreement and that are caused solely by the City, its employees, agents, and or contractors. 9. Immunity It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties 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. By entering into this Agreement the parties do not intend to create any obligations, expressed or implied, other than those set forth herein and this Agreement shall not create any rights in parties not signatories hereto. 10. No Third -Party Beneficiaries This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 11. Non -assignability Except as otherwise expressly provided, herein, this Agreement is non -assignable, and any unauthorized purported assignment or delegation of any duties hereunder, without the prior written consent of the other party, shall be void and shall constitute a material breach of this Agreement. 12. Entire This Agreement and all attachments incorporated herein by reference constitute the entire Agreement by the parties hereunder, and any prior or contemporaneous oral or written agreements shall be void. Interlocal for Radio Tower with Water District CRR 11.11.08vaeeudoncopy Page 4 13. Severabi lity In case any one or more of the provisions contained in the 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 of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 14. Venue This Agreement shall be construed under and in accordance with the laws of the State of Texas, and the venue for any litigation arising from this Agreement shall be in Tarrant County, Texas. 15. Authority This Agreement is made between by the City as an Interlocal Agreement pursuant to Chapter 791 of the Government Code of Texas. 16. Authorization The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. V. Notices Any notices (unless otherwise specified herein), bills, invoices or reports required by this Contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: IJAt' blui W '11 n n Intalocal for Radio Towcr with Wata District CRR 11.11.08mccutioneopy City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Page 5 If to the District: Attn: General Manager Tarrant Regional Water District 800 E. Northside Dr. Fort Worth, TX 76102 18. Modification This Agreement may be modified by the mutual agreement of the parties, if the modification is in writing and signed by the City and the District. EXECUTED in triplicate in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH FERNANDO COSTA ASSISTANT C AGER DATE: ///S" OB APPROVED AS TO FORM AND LEGALITY CHRISTA Kr BIZ'R?—YPJ0LDS ASSISTANT U1I r ATTORNEY ATTEST: TA BY ITS DA ATER DISTRICT APPROVED •• 4VA44� ATTRNEY ATTEST: ? 2 L ""P a L-- TY HENDRIX CITY SECRETARY Contract Authorizatiox '01,I1?�� Date Interfocal for Radio Town - with Waw District CRR 11.11,08vectxutioncopy Page 6 FoRTWonji;. Routing and Transmittal Slip Water Department DOCUMENT TITLE: Tarrant Regional Water District Agreement - Third Extension for Radio Tower Use M&C: CPN: CSO: DOC #: TO: Todd Kay, Process Control System Specialist Approver TRWD — Already Signed Signed Rick Lisenbee, Sr. IT Manager Signer Shane Zondor, Assistant Director Approver Jan Hale, Deputy Director Approver Chris Harder, Director Signer Matthew Murray, Sr. Asst City Attorney Section Chief Signer Fernando Costa, ACM Signer Ron Gonzales, Assistant City Secretary Approver Jannette Goodall, City Secretary Signer Allison Tidwell, Administrative Assistant Form Filler Charmaine Baylor, Sr. IT Business Planner Acceptor APPROVER INITIALS: TK KC