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
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strobe light provide necessary alerts.
As a leader in lightning prediction, THOR
GUARD has advanced its state of the art
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ft;.' n.~
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Home Page ~ About Us ~ Site Map I Products ~ Request Information
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1193 Sawgrass Corporate Parkway, Sunrise FL 33323, 1-888-571-1212
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The entire system can be easily installed
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external status LED indicates
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Thorguard.com Page 1 of 2
Our Mission
THOR GUARD, the leader in lightning prediction, is committed to utilize emerging
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COmpanv Profile
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discharge), has continued to be the focus of lightning detection systems.
THOR GUARD effectively reads the activity within the electrostatic field through a
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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
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Thorguard.com Page 2 of 2
percentage of lightning fatalities. These are the significant technical advantages that
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Patents on the basic technology employed in the system are based on
developments produced originally from 1968 to 1985 by Electrofields, Inc., the
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GUARD, Inc.) purchased all trademarks and patents and an aggressive program of
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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
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