R-2024-315 - 11/21/2024 RESOLUTION NO. R-2024-315
WHEREAS, Google Fiber Texas, LLC ("Google") is in the process of installing conduits,
vaults, and fiber optic cable ("Fiber Project") within the City of Round Rock's right-of-way; and
WHEREAS,the Fiber Project requires construction inspection services; and
WHEREAS, the City of Round Rock ("City") has agreed to engage two (2) third-party
construction inspectors to provide inspection services for the Fiber Project; and
WHEREAS, Google has agreed to reimburse all documented costs paid by the City to the
construction inspectors for inspection services related to the Fiber Project; and
WHEREAS, the City wishes to enter into an Agreement ("Agreement") with Google to outline
each party's obligations regarding construction inspection services, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement with Google Fiber Texas, LLC, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551,Texas Government Code, as amended.
RESOLVED this 21st day of November, 2024.
/, A Z
C G MO GAN, Mayor
City of Rot
o d Rock, Texas
ATTE
AN FR IN, City Clerk
0112.20242:4894-6304-3063
EXHIBIT
„A„
AGREEMENT BETWEEN CITY OF ROUND ROCK AND
GOOGLE FIBER TEXAS,LLC REGARDING CONSTRUCTION INSPECTION SERVICES
This AGREEMENT(the"Agreement"), is dated,entered into and effective as of the_day of
_, 2024, by and between the CITY OF ROUND ROCK,TEXAS (the "CITY"), a Texas Home Rule City,
and GOOGLE FIBER TEXAS, LLC ("GOOGLE"). The CITY and GOOGLE are collectively referred to
herein as the"Parties."
RECITALS
WHEREAS, GOOGLE in the process of installing conduits, vaults, and fiber optic cable (herein
collectively referred to as"Fiber Project")within the CITY'S rights-of-way;and
WHEREAS,the Fiber Project requires construction inspection services("Inspection Services");and
WHEREAS, the CITY has agreed to engage two (2) third-party construction inspectors ("Construction
Inspectors")to provide Inspection Services for the Fiber Project;and
WHEREAS,GOOGLE has agreed to reimburse all documented costs paid by the CITY to the Construction
Inspectors for Inspection Services related to the Fiber Project as set forth herein;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the
sufficiency of which are hereby conclusively acknowledged, and subject to the terms and conditions
hereinafter set forth,the CITY and GOOGLE mutually agree as follows:
1) The CITY agrees to engage up to two (2) Construction Inspectors dedicated solely to providing
Inspection Services for the Fiber Project. CITY staff will only be supplemented on an as needed
basis.
2) GOOGLE agrees to reimburse the CITY for all documented costs paid by the CITY to Construction
Inspectors for Inspection Services related to the Fiber Project, up to a maximum of$40,000 per
month.
3) The CITY shall invoice GOOGLE on a monthly basis for all documented costs paid by the CITY
to the Construction Inspectors for Inspection Services provided related to the Fiber Project.
4) GOOGLE shall pay all invoices within thirty(30)days of receipt of the invoice.
5) This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement
shall be governed by and construed in accordance with the laws and court decisions of the
State of Texas.
6) This Agreement may only be amended or supplemented by mutual agreement of the Parties
hereto in writing.
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7) The Parties agree that time is of the essence with respect to this Agreement.
8) This Agreement shall extend to and be binding upon and inure to the benefit of the Parties'
respective heirs,executors, administrators, successors, and assigns.'
9) Either Party may terminate this Agreement upon sixty (60) days written notice, at which
point any unpaid reimbursement for actual and documented Excess Work shall be invoiced
to GOOGLE.
10) This Agreement may be executed in multiple counterparts, any one of which shall be
considered an original of this document; and all of which, when taken together, shall
constitute one and the same instrument.
IN WITNESS WHEREOF, CITY and GOOGLE have executed this Agreement to be
effective on the date first mentioned above.
(Signatures on the following page)
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Google Fiber Texas, LLC
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Date Signed:
City of Round Rock,Texas
By:
Craig Morgan, Mayor
Date Signed:
For City,Attest:
By:
Ann Franklin, City Clerk
For City,Approved as to Form:
By:
Stephanie L. Sandre, City Attorney
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