HomeMy WebLinkAboutRes 2017-12-390 Radio Equipment ReimbursementCITY OF ANNA, TEXAS
RESOLUTION NO. L 1/1-1 12-4-
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL
AGREEMENT WITH COLLIN COUNTY FOR THE REIMBURSEMENT TO THE CITY
OF ANNA FOR ENGINEERING COSTS RELATED TO REVIEW OF PLANS FOR
RADIO EQUIPMENT PROPOSED BY COLLIN COUNTY.
WHEREAS, Collin County ("County") proposes to utilize City of Anna ("City")
infrastructure for the implementation of a radio equipment project and has developed
plans the City must review; and
WHEREAS, the County and the City desire to enter into an agreement concerning
reimbursement to the City for engineering review costs associated with the review of
said plans; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791)
authorizes any local government to contract with one or more local governments to
perform governmental functions and services under the terms of the Act; and
WHEREAS, the City and County have determined that the review of said plans may be
conducted most economically by implementing this Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 3. Approval of Interlocal Agreement.
The City Council of the City of Anna, Texas hereby approves the Interlocal Agreement
attached hereto as Exhibit 1, and authorizes, ratifies and approves the Mayor's
execution of same. The Mayor is hereby authorized to execute all documents and to
take all other actions necessary to finalize, act under, and enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
12'" day of December, 2017.
ATTEST:
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�` CjF q ''%, APPROVE
City Secretary, Carrie L. Smith_ * ; * Mayor Nate Pike
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CITY OF ANNA, TEXAS RESOLUTI'ON`NO.& 7_U -3q0 PAGE 1 OF 1
Interlocal Agreement Between Collin County and the City of Anna
for Engineering Work Related to the
P25 Public -Safety Radio System's Use of Anna's Water Tower
1. Purpose and Authority. Collin County is building a Project 25 (P25) standards-based
Public -Safety Radio System. The City of Anna's Police and Fire Departments will use the new
system. As part of this project, the County would like to locate certain microwave and radio
equipment on the City's water tower and other equipment at the tower site. The City has asked for
a license to connect some of its water -tower equipment to the County's generator at the site.
As a condition precedent to an interlocal agreement under which the City extends a license
to the County for such access, the City requires an engineering assessment and an agreement for
the County to reimburse the City for costs of this assessment not to exceed $2,500. Under the
Interlocal Cooperation Code, Texas Government Code, chapter 791, Collin County and the City
of Anna enter this agreement related to the engineering work.
2. Collin County's Request. The County has asked the City for a license to locate certain
radio and microwave equipment on the City's Hackberry Elevated Storage Tank (EST), a water
tower, located in the City of Anna (33'21'15.13" N, 96°34'53.80" W), and equipment in a shelter
at the tower site. In brief, the County would like to attach RFS SC412 Antennas directly to the
existing P3 STD handrail posts using SiteProl DCP12K pipe to pipe clamp sets and have other
equipment installed and work performed according to the engineering and construction documents
in the September 25, 2017, 2:27 PM, email from Commander Pam Palmisano to Joseph Johnson,
Public Works Manager for the City, with four attachments:
• Anna WT Collocation Exclusion Letter.pdf (3 MB, 16 pp.) (from Terracon
Consultants to Enertech Resources, LLC, Terracon Project 94177237 (May 22, 2017))
• Anna WT Review Drawings 20170405(2).pdf (3 MB, 37 pp.)(Enertech Resources,
LLC, review drawings (April 5, 2017))(general construction notes, site work, antenna system, site
plan, detailed site plan, compound plan, tower elevation with the locations of the new microwaves
and antennas marked, antenna & equipment schedule, antenna plan, antenna mount section,
microwave mount section, coax plans, TTA mounted to handrail detail, structural notes, electrical
specifications, utility plans, compound and antenna grounding plans, equipment list)
• 20170530 Anna WT Structural Analysis.pdf (3 MB, 22 pp.) (Enertech Resources,
LLC Structural Analysis Report 172' Elevated Water Tower (May 30, 2017) with microwave and
antenna product descriptions)
• Anna WT -CD DR 20170606.pdf (4 MB, 38 pp.) (Enertech Resources, LLC, review
drawings (June 6, 2017) with contents similar to Anna WT Review Drawings).
In referencing these documents herein, the City of Anna does not assume any responsibility
for the accuracy of the information contained within same, nor does the City of Anna relieve any
third party of any duty related to said documents. Some of the referenced documents have certain
details pending and remain subject to approval by the City of Anna and other entities. Any issue
relating to the content of said documents must be taken up with the entity responsible for authoring
same.
3. The City of Anna's Condition Precedent. As a condition precedent to granting a license,
if any, the City plans to have independent engineers evaluate the County's request. The City asks
the County to reimburse it for up to $2,500 of the related costs. The engineers retained by the City
to perform the evaluation are herein referred to as "the City's engineers," whether they are
employees, contractors, subcontractors, or other agents of the City.
4. Agreement. The County will reimburse the City for engineering costs to assess the
County's request up to, but not to exceed, $2,500. The City will provide a copy of the engineering
results and report to the County within three business days of the City receiving the results or
report. The County will provide the City with a copy of the reports of the County's engineers
related to assessing the suitability of the City's water tower for the County's radio -system
purposes.
5. Effective Date. This agreement will become effective on the day that the second party to
sign it signs the agreement.
6. Law and Venue. The parties agree that Texas law will govern the parties' relationship
under, and all claims related to, this agreement. Venue will be in the courts of Collin County.
7. Authorization. Each party represents and warrants that the person or persons signing this
Agreement has the requisite authority under section 791.011(d)(1) and section 791.014 of the
Texas Government Code.
8. Current Revenues for Governmental Functions. Each party paying for the performance
of governmental functions or services must make those payments from current revenues available
to the paying party within the meaning of section 791.011(d)(3) of the Texas Government Code or
other provision.
Notice: This provision imposes special duties on the City of Anna.
9. Responsibilities and Limitations. As between the County and the City, the City alone is
responsible for providing proper and safe access to the tower and tower site for the City's engineers
for their work. The City will defend and indemnify the County for any claim, lawsuit, damage, or
liability for personal injury or property damage, including attorney's fees, expert fees, and
litigation costs, that may arise from work of the City's engineers. The City will not sue the County
for any claim or damage that may arise in the course of, or as a result of, the work of the City's
engineers, including claims for personal injury, property damage, or engineering or professional
negligence, breach of contract, or other actionable conduct. A party will not be responsible to the
other for special, consequential, or punitive damages. No party waives any sovereign or other
immunity by virtue of signing this agreement. The parties do not intend to benefit or create a right
in favor of any person who is not a party to this agreement. This agreement does not create any
form of personal liability on the part of any official, officer, or employee of either party. Any
clause that may create a debt, including the indemnification clause, falls under subsection (b) to
sections 5 and 7 of article XI of the Texas Constitution.
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10. Compensation. Through the signatures provided below, the parties both agree and
represent that the contractual payment each receives under the terms of this agreement constitutes
fair compensation for the respective services or functions each will perform under this contract.
11. Notice
If to City:
City Manager
City of Anna
111 North Powell Parkway
PO Box 776
Anna, Texas 75409
psanders(a,annatexas. og_v
972.924.3325
If to Collin County:
Collin County Sheriff's Office
Commander Pam Palmisano
Commander of Support Services
4300 Community Blvd.
McKinney, Texas 75071
ppalmisanoaco.collin.tx.us
972.547.5100
With copy to:
Sara Hoglund, CPPB
Collin County Buyer II
2300 Bloomdale Road, Ste. 3160
McKinney, Texas 75071
sho lg undkco.collin.tx.us
972.548.4101
WITNESS OUR HANDS AND SEALS on the date indicated below.
Date:
Date: .vtL z " d
COLLIN COUNTY, TEXAS
Signature:
Keith Self, Collin County Judge
CITY OF ANNA
Signature:
Mayor Nate Pike, City of Anna
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