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HomeMy WebLinkAbout065701 - General - Contract - Tri-County Electric Cooperative, Inc.CSC No. 65701 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FORT WORTH AND TRI-COUNTY ELECTRIC COOPERATIVE, INC THIS AGREEMENT ("Agreement") is made and entered into by the City of Fort Worth ("City"), a home rule municipality of the State of Texas, and the Tri-County Electric Cooperative, Inc ("TCEC"), a non-profit cooperative. The purpose of this Agreement is to state the terms under which the Fort Worth Police Department ("FWPD") may have access to TCEC distribution poles ("Poles") to attach surveillance cameras and related equipment ("Attachments") for appropriate non-commercial, governmental use. In this regard, the City and TCEC have agreed and do hereby agree as follows: TERMS AND CONDITIONS 1. Authorized Use ofTCEC's Poles. TCEC grants, so far as it may lawfully do so, to the FWPD license and permission to place and maintain the Attachments upon TCEC's Poles within the TCEC service area, pursuant to the conditions set forth below. a. The FWPD shall install and maintain all Attachments in strict accordance with all applicable codes and laws, including but not limited to the National Electrical Safety Code ("NESC") and TCEC Standards. b. The FWPD agrees that no Attachments shall be made to any transmission structures or facilities of TCEC. For purposes of this Agreement, a "transmission structure or facility" is one on which an electric power line having voltage of 40kV or higher is attached, including all poles used as guy stub poles for 40kV or higher lines; if the electric line is less than 40kV, it is a "distribution line." c. The FWPD is expressly prohibited from placing any Attachment within the safety zone on any Pole. d. The FWPD agrees that it shall not authorize any person, other than a FWPD employee with the requisite qualifications and training to access TCEC Poles. Under no circumstances shall any FWPD representative climb above the neutral conductor on any Pole. e. The FWPD shall notify TCEC forty-eight (48) hours before making any permanent Attachments; provided however that, where exigent circumstances exist, the FWPD shall provide as much advanced notice as possible. f. The FWPD shall correct any violations by its Attachments of applicable laws, codes, or TCEC standards within thirty (30) days of receiving notice of such violations, or such other time period as TCEC may require under the circumstances. If the FWPD fails to do so, TCEC may remove the subject Attachment at the FWPD's sole expense. g. The FWPD hereby represents and warrants that all Attachments installed pursuant to this Agreement shall be used for lawful purposes only. OFFICIAL RECORD I CITY SECRETARY FT. WORTH, TX b. The FWPD hereby represents and warrants that it has obtained any and all warrants necessary to install and operate the Attachments on TCEC's Poles. i. The FWPD hereby represents and warrants that the image and video content will be owned and used solely by the FWPD for appropriate non-commercial, governmental use. j. The FWPD shall not sell, lease, assign, or otherwise make any portion of the Attachments available for use by any third party for commercial purposes. 2. No Representations or Warranties by TCEC. a. TCEC makes no representation or warranty of any nature that its existing or future rights of way, easements or other property rights, private or public, were, are, or will be sufficient to permit the attachment, maintenance, replacement, relocation, repair, modification or removal of the FWPD's Attachments on any TCEC Pole. b. TCEC makes no representation or warranty of any nature with respect to the condition or fitness for a particular purpose or use of any TCEC Pole or any of its other real or personal property which the FWPD may use. 3. Subrogyation. The City, as a self -insured entity, agrees to waive, and to require its insurer(s), to the extent that they exist, to waive any subrogation claims against TCEC with respect to this Agreement, any actions or activities undertaken by TCEC or its contractors with respect to this Agreement, and the Poles and equipment accessed or attached pursuant to or in connection with this Agreement. 4. Indemnification. To the extent permitted by law, the City agrees to defend, indemnify and hold TCEC, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons that may arise out of, or be occasioned, by any negligent act or omission of the City, its officers, agents, associates, employees or sub -consultants; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of TCEC, its officers, agents, or employees or separate contractors, and in the event of joint and concurrent negligence of both the City and TCEC, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity or other defenses available to the parties under Texas Law. Nothing herein shall be construed as to require the City to establish a sinking fund. 5. Damage to 'i'CEC Property. The City shall be responsible for damage caused solely by FWPD to Poles, equipment, and facilities of TCEC or other licensees attached to TCEC Poles. In the event of joint and concurrent negligence of both the City and TCEC, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas. 6. Limitation of Liability and Release. TCEC shall not be liable to the City for any damages, regardless of cause, arising solely from the FWPD's Attachments or work under this Agreement. TCEC shall not be liable to the City for any interruption in service, physical or radio frequency interference, or any other cause of action. The City hereby releases TCEC from all such liability and waives any 2 claims for damages against TCEC. 7. Tenn and Termination. This Agreement shall remain in effect for one (1) year from the date hereof, and thereafter shall automatically renew for additional one (1) year terms upon the anniversary of such date until this Agreement is terminated by (a) sixty (60) day written notice by either party, (b) agreement of the parties in writing, or (c) in the case of default by the City of the terns and conditions herein stated and such default continues for a period of thirty (30) days after TCEC notifies the City of such default in writing, TCEC may at its election forthwith terminate this Agreement; provided, however, if such default is not reasonably curable within thirty (30) days, the City shall have such time to cure the default so long as the City commences such cure within said thirty (30) day period and diligently pursues such cure to completion. Upon such termination all of the City's rights hereunder shall cease and come to an end. EXECUTED on this, the day of , 2026. CITY OF FORT WORTH: TCEC ELECTRIC DELIVERY / %jnBy: ��tA—/W By: William Johnson Andrea McCleese Assistant City Manager Executive Vice President 08/20/2026 Member Experience Date: Date: $ 1;b U APPROVAL RECOMMENDED: David Carab al (Aug 20, 2026 17:11:34 CDT) By: David Carabajal Executive Assistant Chief, Police APPR�OV�E,Dn AS TO FORM AND LEGALITY: `7"�t' By: Armana Muhammad Assistant City Attorney govuvn qa� pOpjIlgpa o p0 0=o`lo9aP apt ATTEST: o*d A ,.$_asm,� aan �zn54aa bRnauao By: Jannette S. Goodall City Secretary 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. K,u4 vec�,4gee gy: Kathryn Agee (Aug 18, 026026 13 Kathryn Agee Sr. Management Analyst CONTRACT AUTHORIZATION: M&C: N/A OFFICIAL RECORD Date Approved: N/A CITY SECRETARY Form 1295: N/A 4 FT. WORTH, TX FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tri-County Electric Cooperative, Inc. Subject of the Agreement: This MOU will allow the Police Department to have access to Tri-County Electric Cooperative distribution poles to attach surveillance cameras and related equipment. The agreement will be in place for one year and then automatically renew for one additional year period until it is terminated with 60 day written notice. M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Upon ACM signature If different from the approval date. Expiration Date: 12 months after that date If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.