20-R-38 - ILA Schertz and Education Service Center Region 20RESOLUTION NO. 20 -R -38
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF SCHERTZ AND EDUCATION SERVICE CENTER REGION
20 FOR THE PARTICIPATION IN THE ESC 20 FIBER CONSORTIUM,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City of Schertz ( "City ") and Education Service Center, Region
20 ( "Center ") are interested in partnering in the ESC 20 Fiber Consortium with Additional Site
Builds; and
WHEREAS, the Center is established under the authority of Chapter 8, Texas Education
Code, for the purpose of (1) assisting school districts in improving student performance; 2)
enabling school districts to operate more efficiently and economically; and (3) implementing
initiatives assigned by the legislature or the Commissioner of Education; and
WHEREAS, Chapter 791, Texas Government Code, the Interlocal Cooperation Act, is
for the purpose of increasing the efficiency and effectiveness of local governments by
authorizing them to contract, to the greatest possible extent, with one another and with agencies of
the state; and
WHEREAS, Section 791.01 l (e) of the Interlocal Cooperation Act provides that
interlocal contractual payments must be in amounts that fairly compensate the performing party
for services or functions performed under an interlocal contract; and
WHEREAS, expenditures of federal grant and award funds made on or after December
26, 2014 must comply with the requirements of Education Department General Administrative
Regulations ( "EDGAR ") set out in 2 C.F.R. Part 200; and
WHEREAS, 2 C.F.R §200.318(e) provides: "To foster greater economy and efficiency,
and in accordance with efforts to promote cost - effective use of shared services across the Federal
government, the non - Federal entity is encouraged to enter into state and local inter - governmental
agreements or inter- entity agreements where appropriated for procurement or use of common or
shared goods and services "; and
WHEREAS, the purpose of this Agreement is to facilitate compliance with federal
EDGAR requirements in addition to state procurement requirements;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Interlocal Agreement in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND ADOPTED, this 28th day of April 2020.
CITY OF SCHERTZ, TEXAS
- 4w—
p u ez, Mayor
ATT T:
'l
renda Dennis, City Secretary
E �� M�j
EXHIBIT A
PUBLIC LIBRARY INTERLOCAL AGREEMENT
See attached
50234811.1 A -1
fier2O
EDUCATION SERVICE CENTER, REGION 20
INTERLOCAL PARTICIPATION AGREEMENT
In the
ESC 20 FIBER CONSORTIUM WITH ADDITIONAL SITE BUILDS
This Interlocal Participation Agreement is made and entered into by and between the
EDUCATION SERVICE CENTER, REGION 20 ( "Center ") as Administrative Agent and Lead Member
of the ESC 20 Fiber Consortium ( "Consortium ") and the undersigned Local Education Agency
( "LEA ").
I. RECITALS
WHEREAS, the Center is established under the authority of Chapter 8, Texas Education
Code, for the purpose of. (1) assisting school districts in improving student performance; (2)
enabling school districts to operate more efficiently and economically; and (3) implementing
initiatives assigned by the legislature or the Commissioner of Education;
WHEREAS, Chapter 791, Texas Government Code, the Interlocal Cooperation Act, is
for the purpose of increasing the efficiency and effectiveness of local governments by
authorizing them to contract, to the greatest possible extent, with one another and with agencies
of the state;
WHEREAS, Section 791.011(e) of the Interlocal Cooperation Act provides that
interlocal contractual payments must be in amounts that fairly compensate the performing party
for services or functions performed under an interlocal contract;
WHEREAS, expenditures of federal grant and award funds made on or after December
26, 2014 must comply with the requirements of Education Department General Administrative
Regulations ( "EDGAR ") set out in 2 C.F.R. Part 200;
WHEREAS, 2 C.F.R §200.318(e) provides: "To foster greater economy and efficiency,
and in accordance with efforts to promote cost - effective use of shared services across the Federal
government, the non - Federal entity is encouraged to enter into state and local inter - governmental
agreements or inter - entity agreements where appropriated for procurement or use of common or
shared goods and services "; and
WHEREAS, the purpose of this Agreement is to facilitate compliance with federal
EDGAR requirements in addition to state procurement requirements;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
obligations contained herein the Center and undersigned LEA agree as follows:
II. TERMS AND CONDITIONS
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1. Adoption of Interlocal Cooperation Agreement. The Contracting LEA by the execution or
acceptance of this Agreement hereby formally confirms and approves its Letter of Agency dated
March 19. 2020 which is incorporated herein by reference. The Letter of Agency established the
authority of the ESC 20 FIBER Consortium (by and through its Lead Member, ESC Region
20) as an administrative agency and representative of its collective participants for purposes of
application for E -Rate funding in connection with construction and implementation of large -
scale broadband dark fiber network among the LEAs within Region 20 which will provide
internet and LEA connectivity to promote educational excellence in instruction, services and
resources through a collaborative partnership of LEAs, ( "Regional Fiber Network Project ").
2. Term.
2.1 Initial Term. This Interlocal Participation Agreement shall be effective on the date of
execution by an authorized signatory for both Parties. The Initial Agreement Term will be for
one year beginning on the Effective Date, and thereafter, shall automatically renew for
successive one -year terms, unless the Agreement is sooner terminated in accordance with the
provisions herein.
2.2 Continuing Term. If this Interlocal Agreement is not terminated during the Initial Term
and successive renewals, it shall continue to automatically renew annually on July 1 of each
successive year for up to nine (9) additional one year terms, unless sooner terminated
in accordance with the termination provisions of this Agreement. This Interlocal Agreement
shall automatically terminate upon termination of the Service Agreement.
3. Termination.
3.1 Prior to Expiration of Initial Term and Successive Initial Term Renewals.
3.1.1 Non - appropriation. The LEA shall have the continuing right to terminate
this agreement without notice at the end of any budget period in which funds for this
agreement are not available or appropriated. Provided, however, that neither Party will be
entitled to a refund of amounts previously contributed in the event of withdrawal for lack
of funding.
3.2 Termination Following Expiration of Initial Term.
3.2.1 This Agreement may be terminated at any time by either Party for convenience, or
because of the other's failure to fulfill the contract obligations. Notice and an
opportunity to cure shall be given in accordance with the provisions contained in
this Agreement. Upon receipt of such notice, services shall be immediately
discontinued (unless the notice directs otherwise) and all materials as may have been
accumulated in performing this contract, whether completed or in progress, delivered
to the Center.
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3.2.2 If the termination is for convenience and the other Party's obligations have been
properly performed prior to the effective date of termination, the Center will be paid for
services actually provided prior to notification of termination by the LEA.
3.2.3 If, after notice of termination for failure to fulfill contract obligations after the Initial
Term, it is determined that the terminated Party had not so failed, the termination shall be
deemed to have been affected for convenience. In such event, payment shall be made by
the terminating party as provided in Paragraph 3.2 of this Section.
3.2.4 The rights and remedies provided in this clause are in addition to any other rights and
remedies provided by law or under this Agreement.
3.3 Defaults With Opportunity for Cure. Should either Party fail, as determined by the
other's representative, to satisfactorily comply with or perform the obligations set out
herein; or comply with any covenant herein required, such failure shall be considered an
Event of Default. In such event, the non - defaulting Party shall deliver written notice of
said default, in accordance with the notice provisions contained in this Agreement,
specifying the specific Events of Default and the action necessary to cure such default.
The defaulting Party shall have thirty (30) calendar days after receipt of the written notice
to cure such default. If the defaulting Party fails to cure the default within such cure period,
or take steps reasonably calculated to cure such default, the non - defaulting Party shall
have the right, without further notice, to terminate this Agreement in whole or in part as
it deems appropriate.
3.4 Termination For Cause. Upon the occurrence of one (1) or more of the following events,
and following written notice to the Center given in accordance with the notice provisions
contained in this Agreement, Contracting LEA may immediately terminate this Contract,
in whole or in part, "for cause ":
3.4.1 Center makes, directly or indirectly through its employees or representatives, any
material misrepresentation or provides any materially misleading information to LEA in
connection with this Agreement or its performance hereunder; or
3.4.2 Center violates or materially fails to perform any covenant, provision, obligation,
term or condition of a material nature contained in this Agreement, except those events of
default for which an opportunity to cure is provided herein; or
3.4.3 Center fails to cure, or initiate steps reasonably calculated to cure, a default as
required by this Agreement, within the time period required for cure; or
3.4.4 Center violates any rule, regulation or law to which Center is bound or shall be bound
under the terms of this Agreement; or
3.4.5 Center attempts the sale, transfer, pledge, conveyance or assignment of this
Agreement contrary to the terms of this Agreement.
3.4.6 Center ceases to do business as a going concern; makes an assignment for the benefit
of creditors; admits in writing its inability to pay debts as they become due; files a petition
in bankruptcy or has an involuntary bankruptcy petition filed against it (except in
connection with a reorganization under which the business of such party is continued and
performance of all its obligations under this Contract shall continue) and such petition is
not dismissed within forty-five (45) days of filing; or if a receiver, trustee or liquidator is
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appointed for it, or its joint venture entity, or any substantial part of Center's assets or
properties.
3.5 Termination By Law. If any state or federal law or regulation is enacted or promulgated
which prohibits the performance of any of the duties herein, or, if any law is interpreted to
prohibit such performance, this Agreement shall automatically terminate as of the effective
date of such prohibition.
3.6 Orderly Transfer Following Termination. Regardless of how this Agreement is
terminated, Center shall effect an orderly transfer to Contracting LEA or to such person(s) or
firm(s) as the Contracting LEA may designate, at a reasonable cost to Contracting LEA.
Upon the effective date of expiration or termination of this Agreement, Center shall cease
all operations of work being performed by Center, or any of its subcontractors, pursuant to
this Agreement. All completed or partially completed documents, papers, records, charts,
reports, and any other materials or information produced, or provided to Center, in connection
with the services rendered by Center under this Agreement, regardless of storage medium,
shall be transferred to Contracting LEA. Such record transfer shall be completed within thirty
(30) calendar days of the termination date and shall be completed at the expense of the
terminating Party.
4. Center's Obligations
4.1 Coordination and filing of application for upfront, non - recurring costs of deploying new
fiber or upgraded network facilities to eligible LEAs, Category One support, including
construction of network facilities, design and engineering and project management costs
( "Special Construction E -Rate Funding ") for large -scale broadband dark fiber network ( "ESC
20 Fiber Consortium ") on behalf of Contracting LEAs within Region 20 designed to provide
internet and connectivity for Contracting LEAs, including but not limited to:
4. 1.1 100 Gigabit backbone network between hub sites;
4.1.2 10 Gigabit network among the connected edge sites;
4.1.3 Center will allow bandwidth flexibility such that a Contracting LEA can exceed their
subscribed services within a reasonable limit without penalty;
4.1.4 Center will provide Contracting LEA an opportunity to participate in shared network
services (e.g., internet access, disaster recovery, shared application environment, etc.)
4.1.5 Center will provide Contracting LEA with direct connectivity to multiple educational
resource data centers.
4.1.6 Center will provide adequate staff necessary for efficient operation of the network.
4.1.7 Provide and guarantee service level objectives as specified in Paragraph 5.4 of this
Section.
4.1.8 Implement and provide 24x7x365 support and management via the leased lit service
provider of the network to include:
A. Proactively monitor and maintain broadband connections
B. Proactively monitor internet access service from ISP
C. Guarantee the LEA purchased bandwidth to the Internet by monitoring usage.
D. Provide alerts concerning network maintenance and /or unplanned outages.
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E. Notification will be given according to the contracted Service Level Agreement
terms
F. Affected LEAs will be notified via email of any emergency network impairments
within a reasonable time after the problem is determined.
4.1.9 Troubleshoot Service Interruptions via the leased lit service provider to the point of
demarcation:
A. For the primary connection, the point of demarcation is inclusive of the leased lit
service provider router
4.1.10 Proactively monitor and report the use of services to ensure usage is within the terms
of the agreement.
4. 1.11 Provide technical assistance to LEAs for connectivity, upon request.
4.2 Administrative Handling. Center, by and through ESC 20 FIBER CONSORTIUM, during
the Term of this Agreement, will comply with all applicable laws, and the FCC, USAC, and
TEA rules, as well as, state and local procurement requirements, throughout each annual E -rate
application cycle and will adopt and maintain internal controls and policies to ensure such
compliance, including but not limited to the following:
4.2.1 Goods and Services. The Center, by and through the ESC 20 FIBER Consortium,
provides goods and services to LEAs in accordance with Chapter 8, Texas Education Code.
Prices or fees for goods and services may be on a unit - price, per - participant basis, or district
average daily attendance basis based upon the total cost to provide the service to all
participating LEAs. This agreement is limited to the goods and services as provided herein.
Additional goods and services may only be added to this agreement in writing.
4.2.2 Procurement. Handle procurement of goods and services on behalf of LEA in strict and
consistent compliance with the FCC, USAC, TEA and state and local procurement rules.
A. Enter proposals for tabulation and evaluation, including assuring bidding process occurs
with each procurement and that no bidder is given preferential treatment over others at any
point in the process accurately evaluating and scoring responsive proposals and
maintaining adequate documentation of such procurement for purposes of compliance with
e -rate auditor requests for procurement process documentation.
B. Establish an Evaluation Committee to test, evaluate and award proposals, for any
required procurement, to include at least six representatives of Region 20 School Districts,
the E -Rate Consultant, and Region 20 Purchasing and Technology Representatives.
C. Develop system for gathering evaluation information from members on vendor
performance, and product quality and use of products and services.
D. Perform annual critical review of the existing a -rate procedures with particular focus on
staff involved, transparency, fairness and checks and balances in the procurement process,
evaluation methods, tools and procedures and document retention strategies.
4.2.3 Confirmation of Certifications. Maintain a procedure for confirming LEA
certifications including LEA's ability to fund the local share of E -rate services and projects,
availability of necessary resources to make effective use of the products and services for
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which it requests E -rate discounts, certifications regarding LEA compliance with the
Children's Internet Protection Act (CIPA) and adoption of Internet Safety Procedure, if
required, and other certifications required by E -Rate which may not be within the personal
knowledge of the Consortium Lead Member or E -Rate Consultant as applicant.
4.2.4 Pre - Funding Commitment Communications. Timely and accurately respond to any
special requests for information from SLD during the application review process and any
selective review processes.
4.2.5 Post Funding Commitment Communications. Upon issuance of Funding
Commitment Decision Letter, file Form 486 or other notification to SLD regarding service or
construction start date. Monitor the timeframe for filing all Forms 486 and ensure deadlines
are met.
4.2.6 Service Substitutions Service Start Date Changes and SPIN Changes. Accurately
and timely handle all service substitutions, Service Start Date changes and Service Provider
Identification Number ( "SPIN ") Changes (corrective and operational), if any, related to the
procurement goods and services procured on behalf of the LEAs in strict compliance with
FCC rules.
4.2.7 Disbursement Process. Timely and accurately handle the Disbursement Process and
associated accounting for all funding including receiving and reviewing discounted bills from
service providers or seeking reimbursement from USAC or such other processes required as
appropriate to access all funds awarded in the Funding Commitment Decision Letters
received.
4.2.8 Billing Accuracy Monitoring. Confirm accurate billing by the service provider of both
the LEA and USAC as required, including preparation of accurate cost sheets and all FCC
Forms 472 (BEAR Forms) and complete and timely return any Service Certifications, where
applicable, and ensure that only eligible services approved on the correct Form 471 and
delivered consistent with the (FCDL) Funding Commitment Letter and contract agreements
are billed. Confirmation shall include follow -up with service providers and /or USAC in the
event of discovered discrepancy,
4.2.9 Document Retention. Comply with current FCC document retention requirements
(currently ten years from the last date to receive service or equipment delivery date, whichever
is later), including documentation related to pre- commitment, contracting, post- commitment,
invoicing, all backup data that supports the certifications made on any E -rate application and
documentation regarding equipment funded through E -Rate.
4.2. 10 Audit Compliance.
A. In the event of an Audit by USAC, (including one conducted by a private contractor) the
Center will provide notice to the LEA of the initiation of a USAC Audit not later than three
(3) days after receipt of the first notice from USAC or its Contactor; shall collect and provide
all documentation requested by auditors at the first notice of an audit and provide any
information and documentation by the deadlines established; and accommodate the auditors'
needs for information -- consulting with the individual LEA when required. The LEA shall
be entitled, but not required to participate in the Audit.
B. In the event of an Audit finding, Consortium, by and through Center, will implement all
corrective actions required by USAC, to verify that it has implemented measures to comply
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with the E -Rate Program Rules and will assert any and all defenses legally warranted and
appropriate appeal points to USAC and /or the FCC on behalf of the Consortium and at the
joint expense of the LEAs. Individual LEAs will have the right, but will not be required, to
participate in the appellate process.
4.2.11 E -Rate Consultant.
A. Contract with competent and experienced E -Rate Consultant to provide services to the
Consortium and its Contracting LEAs, and to assist Region 20 in meeting the compliance
requirements of this Agreement, and applicable the FCC, USAC, and TEA rules, as well as,
state and local procurement requirements, throughout each annual E -rate application cycle.
B. Require E -Rate Consultant by contract to:
(i) Provide and maintain in effect during the performance of the Agreement professional
errors and omissions insurance coverage of at least One Million Dollars
($1,000,000.00).
(ii) Indemnify, defend, and hold Contracting LEAs, their respective Boards of Trustees,
officers, agents, and employees harmless from any injury (and any resulting or related
claim, action, loss, liability, or reasonable expense, including attorney's fees and other
fees and court and other costs) arising directly or indirectly, in whole or in part from
negligent actions or inactions of the E -Rate Consultant, its agents, employees, and
suppliers, or arising, in whole or in part, out of a defective product, negligent operations
or services of provider, its agents, employees, and suppliers, under this agreement.
(iii) E -Rate Consultant shall be a "Certified E -Rate Management Professional" as per
the E -Rate Management Professionals Association Certification Process.
4.3 Service Level Objectives. All Service Level Objectives provided by the Service Provider,
shall pass through to each ESC 20 Fiber Consortium LEA as listed in this Section. LEA
understands that Service Level Objectives are best estimates, and actual service provision may
vary.
4.3.1 Service Availability Objectives for Ethernet and IP Services
Service Element
Description
Measurement Timeframe
Service Availability
Time that Service is available (i.e. unaffected
One (1) Month
99.99%
by a Service Outage)
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4.3.2 Additional Service Element Objectives for IP and Ethernet Services
Service
Measurement
Measurement
I dement
Timeframe
Packet
Not to exceed the following values, as applicable to the
affected QoS Classes, for a sustained period of two (2) or Wer Incident
I oss
more hours:
1P Transit or Basic QoS: 0.50% Enhanced QoS: 0.40%
Preferred QoS: 0.30% i
,Not to exceed the following values for a one way,
sustained period of two (2) or more hours:
I.atency
North America Metro ( <300 fiber miles): 15 ms State of
Per Incident
Texas, WAN Only ( <750 fiber miles): 20 ms North
America Intercity ( >300 fiber miles): 45 ms Europe: 15
ms
I'acket
itter
Not to exceed 5 milliseconds when averaged over a 20
Per Incident
minute period.
Minutes not met by
the SLA divided by
Packet
Across the link from the customer to Zayo: 0.000 1 %
total minutes per
Loss
month multiplied by
the billing cycle
charge.
Subscribed
Contracted bandwidth guaranteed through the Vendors
Per Incident
Bandwidth
network to its Peering Sites to other Tier 1 Providers.
SLA
Minutes not met by
Network
the SLA divided by
Management/
Zayo Tranzact - Network Management available and
total minutes per
Monitoring
working 365 days and 24 hours per day.
month multiplied by
SLA
the billing cycle
charge.
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Billing SLA Provide ESC 20 Consortium an accurate and easy -to- One Month of the
understand invoice within one month of the billing Billing Cycle
cycle.
4.3.3 Response Time and Mean Time to Repair
Service/Repair Response Time
>30 Minutes remote response
>2 hrs. on -site response
Mean Time to Repair
>4 Hours for network equipment
failure
>8 Hours for cable
degradation/failure,
not including fiber
cuts
5. Contracting LEA Obligations.
5.1 In order to maintain its eligibility to make purchases under this Agreement, the LEA
agrees to timely pay any and all membership fees required, if any, of it as a member in
accordance with the terms of this Agreement.
5.2 In addition to membership fees, the Contracting LEA will make timely payments for any
goods, materials and services received in accordance with the provisions set out in Paragraph
5.3 of this Section and Exhibit A attached.
5.3 ESC 20 Fiber Network pricing is based on a flat rate.
A. Contracting LEA further understands:
(i) Prices are already E -rate discounted as shown in the table below.
(ii) There is no additional "transport" cost.
(iii)Pricing shown includes all transmitted and received traffic.
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(iv) Pricing for each additional circuit is the same as the first circuit, or as specified in
Exhibit A
(v) Payments are due within 30 days of receipt of invoice.
(vi) Payments can be made on an annual or quarterly basis.
(vii) Each LEA's service shall consist of a minimum of 10 Gbps fiber ethernet
connectivity to the Region 20 Network Operations Center
(viii) Each LEA's service shall include up to 10 Gbps Internet Access service via the
10 Gbps fiber ethernet connectivity as noted in the previous bullet point.
III. GENERAL PROVISIONS
1.1 Amendment by Notice. The Board of the ESC 20 FIBER Consortium may amend this
Agreement, provided that prior written notice is sent to the Contracting LEA at least 60 days
prior to the effective date of any change described in such amendment and provided that the
Contracting LEA does not terminate its participation in the ESC 20 FIBER Consortium
before the expiration of said 60 days.
1.2 Assignment Of Rights Or Duties
1.2.1 Except as otherwise required herein, Center may not sell, assign, pledge, transfer
or convey any interest in this Agreement nor delegate the performance of any duties
hereunder, by transfer, by subcontracting or any other means, without the prior written
consent of LEA.
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1.2.2. Any attempt to assign, transfer, pledge, convey or otherwise dispose of any part of,
or all of its right, title, interest or duties to or under this Agreement, without said written
approval, shall be void, and shall confer no rights upon any third person. Should Center
assign, transfer, convey or otherwise dispose of any part of, or all of its right, title or
interest or duties to or under this Agreement, LEA may, at its option, terminate this
Agreement as provided herein, and all rights, titles and interest of Consortium shall
thereupon cease and terminate, notwithstanding any other remedy available to LEA
under this Agreement.
1.2.3 Center agrees to notify LEA's representative of any changes in ownership interest
greater than thirty percent (30 %), or control of its business entity not less than sixty (60)
days in advance of the effective date of such change. Notwithstanding any other remedies
that are available to LEA under this Agreement, any such change of ownership interest or
control of its business entity may be grounds for termination of this Agreement.
1.2.4 Authorization to Participate and Compliance with Local Policies. The Contracting
LEA represents and warrants that its governing body has duly authorized its participation
in the ESC 20 FIBER Consortium and that the Contracting LEA will comply with all state
and local laws and policies, as well as E -Rate Requirements pertaining to purchasing of
goods and services through its membership in the ESC 20 FIBER Consortium.
1.3 Cooperation and Access. The Contracting LEA agrees that it will cooperate in
compliance with any reasonable requests for information and /or records made by the ESC 20
FIBER Consortium by and through Center.
1.4 Coordinator. The Contracting LEA agrees to appoint a program coordinator who shall
have express authority to represent and bind the Contracting LEA, and the Center will not be
required to contact any other individual regarding program matters. Any notice to or any
agreements with the coordinator shall be binding upon the Contracting LEA. The Contracting
LEA reserves the right to change the coordinator as needed by giving written notice to the
Center.
1.5 Conflicts Of Interest. Each party shall comply with the state laws pertaining to
conflict of interest. Conflict of interest Questionnaires must be maintained by the
Consortium, as required by statute.
1.6 Current Revenue. The Contracting LEA hereby warrants that all payments, fees, and
disbursements required of it hereunder shall be made from current revenues budgeted and
available to the LEA, or required by any other agreements, contracts and documents executed,
adopted, or approved pursuant to this Agreement, which shall include any exhibit, attachment,
addendum or associated document, shall be paid from current revenues available to the paying
Party.
1.7. JurisdictionNenue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas and, to the extent permitted by law; venue for
all disputes arising under this Agreement shall lie in the home county of the LEA.
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1.8 Legal Authority. The LEA represents and warrants to the ESC 20 FIBER Consortium
by and through Center the following:
1.8.1 It meets the definition of "Local Government" or "State Agency" under the Interlocal
Cooperation Act ( "Act "), Chapter 791 of the Texas Government Code.
1.8.2 The functions and services to be performed under the Agreement will be limited to
"Administrative Functions" as defined in the Act, which includes purchasing.
1.8.3 It possesses the legal authority to enter into this Agreement and can allow this
Agreement to automatically renew provided that its governing body appropriates funding
annually for the renewal.
1.8.4 All state, local or third -party requirements to approve, record or authorize the
Agreement have been met.
1.9 Merger/Entirety. This Agreement, together with the Consortium's Bylaws and
Organizational Agreement, represents the complete understanding of the ESC 20 FIBER
Consortium by and through Center and Contracting LEA. To the extent there exists any
conflict between the terms of this Agreement and that of prior agreements, the terms of this
Agreement shall control and take precedence over all prior participation agreements.
1.10. Notice. Unless otherwise expressly provided elsewhere in the Agreement, any election,
notice or communication required or permitted to be given under the Agreement shall be given
in writing, at the addresses shown in the signature blocks of the Agreement, and will be
deemed to have been duly given if and when delivered, personally (with receipt
acknowledged), or on receipt after mailing the same by certified mail, return receipt requested
with proper postage prepaid, or three (3) days after mailing the same by first class U.S. mail,
postage prepaid (in accordance with the "Mailbox Rule "), or when sent by a national
commercial courier service such as Federal Express) for expedited delivery to be confirmed
in writing by such courier.
13.5 No Waiver of Immunity. No Party hereto waives or relinquishes any immunity or
defense on behalf of itself, its trustees, officers, employees, and agents as a result of the
execution of this Agreement and the performance of the covenants contained herein. Nothing
herein shall be a consent to suit.
1.11 No Third Party Beneficiary. This Agreement inures to the benefit of and obligates
only the Parties executing it. No term or provision of this Agreement shall benefit or obligate
any person or entity not a party to it. The Parties hereto shall cooperate fully in opposing any
attempt by any third person or entity to claim any benefit, protection, release or other
consideration under this Agreement.
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1.12 Severability. If any portion of this Agreement shall be declared illegal or held
unenforceable for any reason, the remaining portions shall continue in full force and effect.
1.13 Signatures /Counterparts. The failure of a party to provide an original, manually
executed signature to the other party will not affect the validity, enforceability or binding
effect of this Agreement because either party may rely upon a facsimile signature as if it were
an original. Furthermore, this Agreement may be executed in several separate counterparts,
each of which shall be an original and all of which shall constitute one and the same
instrument.
1.14 Waiver: No waiver, change, modification or discharge by either party hereto of any
provision of this Agreement shall be deemed to have been made, nor shall such change,
modification or discharge be effective, unless expressed in writing and signed by both parties.
A waiver by either Party of a breach of any of the terms, conditions, covenants or guarantees
of this Agreement shall not be construed or held to be a waiver of any succeeding or preceding
breach of the same or any other term, condition, covenant or guarantee herein contained.
Further, any failure of either Party to insist, in any one or more cases, upon the strict
performance of any of the covenants of this Agreement, or to exercise any option herein
contained, shall not be construed as a waiver or relinquishment for the future of such
obligation. No act or omission by a Party shall in any manner impair or prejudice any right,
power, privilege, or remedy available to that Party hereunder or by law or in equity, such
rights, powers, privileges, or remedies to be always specifically preserved hereby.
1.15 Force Majeure. If by reason of Force Majeure (i.e. acts of God, strikes, lockouts, or
other industrial disturbances, etc.), either Party hereto shall be rendered unable, wholly or in
part, to carry out its obligations under this Agreement then such Party shall give notice and
full particulars of the Force Majeure event, in writing, to the other Party, within a reasonable
time after occurrence of the event or cause relied upon, and the obligation of the Party giving
such notice, so far as it is affected by such Force Majeure, shall be suspended during the
continuance of the inability then claimed, and such Party shall endeavor to remove or
overcome such inability with all reasonable dispatch.
1.16 Right To Audit: The LEA, or its authorized representative (including Texas Education
Agency and the Comptroller General), shall be given reasonable rights to perform audits by
the LEA's own personnel and /or an outside firm of Providers /auditors, in order to investigate
the LEA's claims administration and services, and /or evaluate the performance of the
Consortium. The Consortium agrees to provide full cooperation during this process.
Performance of these functions shall be conducted with proper notification per customary
industry standards. Consortium agrees to maintain all required records for five (5) years after
the LEA makes final payment and all other pending matters are closed, or such longer period
as may be required by applicable law.
1.17 Attorney's Fees. In the event that either Party to this Agreement brings an action to
enforce or interpret any provision of this Agreement, the prevailing party, will be entitled to
recover reasonable attorney's fees, costs, and necessary disbursements, in an amount
determined by the trier of fact in such dispute.
Page 13 of 15
1.18 Warranty. By the execution and delivery of this Agreement, the undersigned
individuals warrant that they have been duly authorized by all requisite administrative action
required to enter into and perform the terms of this Agreement.
1.19 No party hereto waives or relinquishes any immunity or defense on behalf of itself, its
trustees, officers, employees, and agents as a result of the execution of this Interlocal
Agreement and the performance of the covenants contained herein.
1.20 In case any one or more of the provisions contained in this Interlocal Agreement shall
for any reason be held by a court of competent jurisdiction to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect
any other provision of the Agreement, and this Agreement shall be construed as if the invalid,
illegal, or unenforceable provision had never been included in the Agreement.
1.21 This Agreement may be executed in multiple originals. The parties agree that it is not
necessary for each or every party to execute the same physical document. The Agreement
binds the Center and each individual LEA upon execution of the Agreement by an authorized
representative of the Center and that LEA.
IN WITNESS WHEROF, the parties, acting through their duly authorized representatives, accept
this Agreement
EDUCATION SERVICE CENTER,
REGION 20
By:
Dr. Jeff Goldhorn, Executive Director
Date:
Address:
1314 Hines Avenue
San Antonio, Texas 78208
LEA: City of Schertz, Schertz Public Library
«I► _ t
I V 0
Date: f L2 ;� U
Address:
1400 Schertz Pkwy
Schertz, Texas 78154
[Exhibit A Follows on Next Page]
Page 14 of 15
Exhibit A
SUBSCRIPTION DETAILS AND SIGNATURES FOR SPECIAL CONSTRUCTION AND LOCAL WAN
CIRCUITS
Subscribed Services and Service Termination Address
Service Building Name SCHERTZ PUBLIC LIBRARY
Service Address(es)
[ SCHERTZ PUBLIC LIBRARY 798 SCHERTZ PKWY SCHERTZ TX 78154
Service Start Date TBD
Number of Internet Access Circuits 1 Circuit
Monthly Recurring Charges 170
By signing below, I acknowledge that I have read the Service Agreement, I accept this Agreement, and
that 1 am authorized to sign on behalf of the LEA.
Authorized LEA Representative
Printed Name: Mark Browne
City Manager
Authorized LEA Representative Title
ESC Region 20 Executive Director
Dr. Jeff Goldhorn
Page 15 of 15
Signature
Date
Signature
Date