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31 Motion to approve an interlocal agreement with PISD for the purchase and maintenance of a Thor Guard lightening prediction and warning systemCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 4/08/08 City Manager Kevin Carruth 31. Council Date: 4/14/08 RECOMMENDED MOTION: Motion to approve an interlocal agreement with Paris Independent School District for the purchase and maintenance of a Thor Guard lightening prediction and warning system. POLICY ISSUE~S~: Interlocal agreement BACKGROUND: The Thor Guard lightening prediction and warning system measures and analyzes the electrostatic field in the atmosphere and predicts the occurrence of lightening. Depending upon settings, the system evaluates the potential for lightening in a two-mile radius and can give up to 20 or more minutes of warning. With all of the park and outdoor athletic space around PJC, Dragon Park, Civic Center, and Paris High School, Thor Guard is an effective and cost efficient tool to protect users of these facilities (North Lamar ISD recently installed a Thor Guard system for their stadium). PISD is interested is partnering with the City on a system base unit and two remote horns. The base unit would be placed at Fire Station No. 4 to cover Dragon Park, PJC baseball field (where PHS plays), and the current high school. One remote unit will be placed at Noyse Stadium (and later moved to the new high school stadium) and the other will be placed at the civic center to cover the athletic complex and part of Dragon Park. BOARD~COMMISSION RECOMMENDATION: N/A EXHIBITS: Resolution, cost detail; product description; coverage map ACTION: BUDGET INFO: ^ Financial Report ^ Minute Order Expense $10,440 ^ Department Report ®Resolution Budgeted Amt. $50,000 ^ Presentation ^ Ordinance YTD Actual $0 ^ Public Hearing ^ Other Acct. Name Contingency Acct. Number 01-0000-91-00 FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ®City Clerk ^ Community Development ^ EMS/IT ^ Finance ^ Fite ^ Municipal Court ®Legal ^ Library ^ Police ®Eng./Public Works ^ Utilities City of Paris ~ , . 1 ~ t} Revised 2/04/08 DRAFT attorney\reswork\current\PISD-Interlocal Agr -Lights -Res 2008 March 11, 2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PARIS, TEXAS AND THE PARIS INDEPENDENT SCHOOL DISTRICT TO SHARE COSTS ON A LIGHTNING DETECTION SYSTEM TO BE LOCATED AT OR ABOUT THE PROPOSED NEW PARIS HIGH SCHOOL CAMPUS AND THE CITY'S LOVE CIVIC CENTER AND DRAGON PARK COMPLEX; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 791 of the Texas Government Code authorizes local governmental entities, such as the City of Paris and Paris Independent School District, to participate in interlocal cooperation contracts; and, WHEREAS, Section 791.001 of Chapter 791 of the of the Texas Government Code establishes as a matter of state policy cooperation by local governments to increase the efficiency and effectiveness of local governments, thereby permitting governments to share services, equipment, resources, and generally participate in arrangements mutually beneficial not only to the governmental entities themselves, but to the citizens and constituents they serve; and, WHEREAS, the City of Paris and Paris Independent School District have had a long history of working together cooperatively to the mutual benefit of each entity; and, WHEREAS, City of Paris and Paris Independent School District desire to enter into an Interlocal Cooperation Agreement to share costs for lightning detection units to be located on or about the proposed new Paris High School Campus and the City's Civic Center and Dragon Park Complex on the terms and conditions described substantially in accordance with the form attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section Z. That the City Council of the City of Paris does hereby approve an Interlocal Cooperation Agreement with the Paris Independent School District to share costs for lightning detection units to be located on or about the proposed new Paris High School Campus and the Love Civic Center and the City's Dragon Park Complex under the terms and conditions as set out in said agreement a copy of which is attached hereto and for all purposes incorporated herein as Exhibit A. 16~~ Section 3. That the City Manager be, and he is hereby authorized to execute any and all documents needed to implement this Agreement under the terms and conditions as shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 14th day April, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 16.E INTERLOCAL COOPERATION AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § This Interlocal Cooperation Agreement ("Agreement) is entered into by and between the City of Paris, Texas ("CITY") and the Paris Independent School District ("PISD"), effective as of the _ day of , 2008. WITNESSETH: WHEREAS, Chapter 791 of the Texas Government Code authorizes local governmental entities, such as the City of Paris and Paris Independent School District, to enter into interlocal cooperation contracts for the purpose of performing governmental functions and services; and, WHEREAS, Section 791.001 of Chapter 791 of the Texas Government Code encourages, as a matter of state policy, cooperation between local governments to increase the efficiency and effectiveness of local governments, by authorizing them to contract with one another to share services, equipment, resources, and generally participate in arrangements mutually beneficial, not only to the governmental entities themselves, but to the citizens and constituents they serve; and, WHEREAS, preserving and protecting the health and safety of the students, teachers and administrators of PISD and the citizens, employees and administrators of the City of Paris, Texas is a governmental function of both PISD and the CITY. WHEREAS, the City of Paris and Paris Independent School District desire to enter into an Interlocal Cooperation Agreement ("Agreement") to share costs of a lightning detection system to be located on or about the proposed new Paris High School Campus, the Love Civic Center and Dragon Park Complex. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties agree as follows: 1. This Agreement shall be effective .2008 and shall have an initial term of 12 months, ending one year from the effective date herein; thereafter this Agreement shall automatically renew for successive 12 month terms until such time that this Agreement is terminated on 30 days written notice by either party. Any costs, fees or expenses incurred up through the date of termination of the Agreement shall be the shared responsibility of the parties as set out herein. -1- EXHIBIT,,,, 16~ 2. The CITY agrees to contract with a mutually agreeable Vendor of lightning detection system units to provide as many lightning detection units as are required by CITY and PISD to cover the area around the proposed site for the new PISD High School and the City's Love Civic Center and Dragon Park Complex. 3. The CITY and PISD agree that Paris Fire Station No. Four, 2010 SE 24~ Street, Paris, Texas, shall serve as the equipment center for locating all necessary electrical, digital, mechanical or wireless equipment that Vendor deems necessary to connect and/or operate the lightning detection system. 4. The CITY and PISD agree to share all costs, fees and expenses connected with the lightning detection system equally fifty percent (50%) each. The CITY shall serve as the primary contact for Vendor and all bills or invoices from Vendor shall be directed to the City of Paris, P. 0. Box 9037, Paris, Texas 75461-9037. Upon receipt and approval of a vendor invoice, the CITY will invoice PISD for 50% of the invoice received from vendor. PISD shall make payment to the CITY on all invoices received within thirty (30) days of receipt of invoice from the CITY. The CITY and PISD agree to be responsible for their own acts of negligence or wrongdoing related to the performance of this Agreement, if any, and to the extent allowed by law, and without waiving their sovereign or governmental immunity or other rights or protections under the Texas Tort Claims Act, agree to be responsible for any claims, damages, lawsuits or fees that may arise from such negligence or wrongful acts and relating to or arising from this Agreement. This obligation must be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas or any other jurisdiction. 6. Any notice required by this Agreement shall be in writing and may be delivered in person or by certified mail, return receipt requested, addressed accordingly: CITY PISD City Clerk Paul Trull City of Paris Superintendent P. 0. Box 9037 Paris Independent School District Paris, TX 75461-9037 1920 Clarksville St. Paris, TX 75460 EXECUTED on the dates shown in the acknowledgments below. CITY OF PARIS, TEXAS By: Kevin Carruth, City Manager -2- m I6~ ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney PARIS INDEPENDENT SCHOOL DISTRICT By: Paul Trull, Superintendent ATTEST: Secretary STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared Kevin Carruth, City Manager of the City of Paris, Texas, known to me to be the person whose same is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of April, 2008. Notary Public, State of Texas -3- ~. 6 s STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Paul Trull, Superintendent of Paris Independent School District, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of April, 2008. Notary Public, State of Texas -4- ,. ~ 6 Thor Guard Lightning Prediction & Warning System L-75R Lighting Prediction Computer Thor Base Horn 2 -Remote Thor Horn with solar panel Installation UPS surge protector System Total City of Paris PISD Total NOTE: plus shipping $10,040.00 $10,040.00 $20,080.00 $6,500.00 $2,900.00 $6,200.00 $4,300.00 180.00 $20,080.00 Thorguard.com Page 1 of 1 Thorguardian The THORGUARDIAN is the first, totally integrated advance warning system for lightning. The sensor continuously monitors the atmosphere's electrostatic energy as far away as 15 miles and evaluates the potential for lightning within an area of approximately 2 miles in radius. When the system determines a hazardous condition, the air-horns and strobe light provide necessary alerts. As a leader in lightning prediction, THOR GUARD has advanced its state of the art ~ lightning prediction technology by the ~.... ~~, ft;.' n.~ `~ `~~ development of its propriety L125 prediction computer. /~,1'~t Home Page ~ About Us ~ Site Map I Products ~ Request Information Feedback I News I Testimonials I Q and A I Customer Service 1193 Sawgrass Corporate Parkway, Sunrise FL 33323, 1-888-571-1212 .~ 16 ~ The entire system can be easily installed outdoors as a single unit, or the control box can be located separately. Under normal conditions, the air-horns have a range of approximately 700 yards, in a 360' pattern. An external status LED indicates THORGUARDIAN is operational. Thorguard.com Page 1 of 2 Our Mission THOR GUARD, the leader in lightning prediction, is committed to utilize emerging technologies in the development of systems that provide automatic notification of hazardous weather conditions. COmpanv Profile The THOR GUARD Lightning Prediction System has been manufactured in South Florida since 1976. Over the ensuing years, representing literally millions of hours of accurate and safe operations, THOR GUARD has consistently proven its reliability. THOR GUARD uses a highly sophisticated sensor and computer to measure and analyze the electrostatic field in the atmosphere. Lightning originates within this field, thus allowing THOR GUARD to make calculations predicting its occurrence, even though there may be no visible evidence of lightning. Lightning "detection" systems require the occurrence of an actual lightning strike before a warning is given. Many times this is just too late. Many airlines, explosive companies, government agencies, and other industrial users are utilizing THOR GUARD for this very reason. THOR GUARD is also highly regarded and utilized by many non-golf industries as well. Some of out significant customers include American Airlines, Delta Airlines, Air Canada, United, Fed Ex, Phelps-Dodge Mining, Motorola, AT&T, and over 700 universities, schools and municipalities. From airports and ski areas to the NFL and zoos, THOR GUARD can be found providing on-site, real-time lightning prediction and warning to perfection! THOR GUARD's PREDICTION capability also minimizes false alarms, a significant departure from detection systems that are prone to unnecessary and costly shutdowns! Municipalities have also recognized the need for our early warning prediction system. Parks, pools, playgrounds, schools, and other public facilities are now relying on our system . THOR GUARD predicts the probability of a lightning hazard in an area up to 25 square miles. More importantly, it also provides a specific reading of the risk in your immediate area. Couple the PREDICTION capability of a THOR GUARD with the Voice of THOR, our interactive horn warning system, and you have a true automatic advance warning package second to none! Product Development History THOR GUARD stands alone in the market as the most effective predictor of lightning within a defined area of risk. This is the result of the founders' decision, in the late 1960's, to focus research efforts on the study of the electrostatic field (the energy field of which thunderstorms are composed). The more conventional study of the electromagnetic field (the field that is affected as a result of a lightning discharge), has continued to be the focus of lightning detection systems. THOR GUARD effectively reads the activity within the electrostatic field through a proprietary program developed after hundreds of hours of thunderstorm monitoring, and will predict the probability of a lightning strike within a predetermined area of concern. This program can also project the potential for deadly "bolts out of the blue," which are strikes that seem to come from nowhere and cause a high 16 http://www.thorguard.com/about.asp ~ ~n 1 i~nn~ THOR GUARD is the only stand alone lightning warning device used by most sections of the United States Golf Association, LPGA and many local sections of the PGA of America. We are the choice of Marriott Golf, The PGA Tournament Players Clubs, ABC Television Sports, and the Atlanta Summer Olympics. The flexibility of our system not only accommodates private golf facilities needing plenty of advance warning (20 or more minutes), but also public facilities looking at only 8 to 18 minutes of warning to insure revenue flow. Thorguard.com Page 2 of 2 percentage of lightning fatalities. These are the significant technical advantages that have allowed THOR GUARD to become the most accurate and meaningful advance warning system of lightning potential. Patents on the basic technology employed in the system are based on developments produced originally from 1968 to 1985 by Electrofields, Inc., the forerunner in the field of lightning prediction. Electrosensors, Inc. (now THOR GUARD, Inc.) purchased all trademarks and patents and an aggressive program of research and development was initiated. During the ensuing years THOR GUARD, Inc. has continued to upgrade the system in both practical field applications, and the science of modern day computer technology. THOR GUARD has provided accurate and dependable lightning prediction for a broad base of clients since 1974. This represents literally millions of hours of safe operations. Contact Information Telephone: 954-835-0900 Fax: 954-835-0808 P.O. Box 451987 Sunrise, FL 33345-1987 sales@thorguard.com Technical Support -service@thorguard.com Home Page I About Us ~ Site Map ~ Products I Request Information Feedback ~ News ~ Testimonials ~ Q and A ~ Customer Service 1193 Sawgrass Corporate Parkway, Sunrise FL 33323, 1-888-571-1212 ~ b .~ ~'1ttti:UWWW.thnrguaYC~_cnm/ahrnit acn , n ~, , ~.,.,..., ~ ~ ~ ~ y 4 CLARK ~ ~ °x v <:,, ~t '~ ~~ •' ' '' u '~ ~ ~' +~+ ~4 ~ .I .~~;'^' y~~'? Wi.^. '~~? 's ~:~ Yoh l _ ~:x`' *?l~ i~ ~ s# q4 2a~ r,h .L~ {: ~~ j•.V~F ttJJ.J~ l~f B y _ r'g, ,~ '~'~ ~ ~ ~,4 ~^^{ .S "'';, ~ ~~L '\ ~'q~~0 ;. ~;, ~~Rf x >~ /ay ~ 7Q~'+t. ' rt,~* ~ ?v ~.;. i ~'l~ll V'1 ,,f asp __~ ~ J c.i ._ "Q~r, S ;~`4 '`..'~ q _^ a u w •~ y h O~ S 1- "'" '..y l~i {~E /QRj~ r t?e: ~ ~. TTyy~e _ `t ~ r~ µ 4 r i ~ -n r r-~r . t. f.{y ~ ~ , s, ~ t F ~Y ,.. .:, ~. .. I ,.;~,. - , s x ~,~~ ~ .~ ~! ~ r ~ ~ ~ c _' ..3 . R .] :. ~ a ~. . .fir ~~,~,; ~ ~~ ,i„~~ ~ ,~ ,;. 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