2014-424 - 5706 - Ordinance Executed - TWUORDINANCE NO. 2014-424
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH TEXAS WOMAN'S UNIVERSITY (TWU) UNDER
CHAPTER 791.001 OF THE STATE OF TEXAS GOVERNMENT CODE, TO AUTHORIZE
THE CITY OF DENTON TO PROVIDE FIVE (5) ELECTRONIC TICKET WRITERS
INCLUDING SOFTWARE, IMPLEMENTATION SERVICES, TRAINING AND LICENSING
FEES, WHICH WILL BE LOANED TO THE TWU POLICE DEPARTMENT TO ASSIST
WITH CLASS C MISDEMEANOR ENFORCEMENT; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 5706).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute an
Agreement with Texas Woman's University under Section 791.001 of the Texas Government
Code, a copy of which is attached hereto and incorporated by reference herein (the
Agreement").
SECTION 2. The City Manager or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5706 to the City Manager of the City of Denton, Texas, or his designee.
SECwTIONITIT4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _`' day of ""' ., 2014.
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CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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I 1; 5' TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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TWU No.: ,
INTERLOCAL AGREEMENT '
This Interlocal greement (the "greement") is made and entexed into this ,,',,, day of , 2014, between The City of Denton,
Texas, a polirical subdivision of the State of Texas (hereinafter "City") and TEX11S WOM N'S UNIVERSITY ]
hereinafter) "TWLT" and an agency of the State of Texas.
WHEREAS, both the City and the State of Texas have the authority to entex into this rlgieement puxsuant to Chapter 791, Tesas
Government Code; and
WHEREAS, the puichase of five (5) Electronic Ticket Writers suppoited by Biazos Technology in partnership with Tyler
Technologies, owner of Incode Couit software currently used Uy the City of Denton Municipal Court contemplated under this
tlgxeement is of mutual intexest and benefit to 'Iti(/CJ and the City. The purpose of the ticket writers is to issue Class C Misdemeanor
citations and parking tickets on behalf of the City. The City shall provide and loan five (5) Electionic Ticket Writers to the
1'WU Police Department to assist with the enforcement activity ielated to Class C Misdemeanoxs.
WHEREAS, it is mutually beneficial to both paxties to execute this slgreement wheieby each entity can achieve common objectives
Lelating to the public safety and welfaie of the xesidents of the City and students attending'1'WCJ.
WHEREAS, all fines and fees collected by the City fxom citations issued by T'WU will be considered revenue to the City of Denton
and the State of Texas as mandated by legislation governing State and Local court costs.
WHEREAS, T'WCI agrees to utilize the equipment purchased by the City in this agxeement for the express purpose of issuing citations
which will be filed with the City's Municipal Court.
NOW THEREFORE, in consideiation of the mutual representations, terms and covenants hexeafter set foith, the parties hereby
agree as follows:
1. STATEMENT OF WORK: The City of Denton will puxchase five Motorola MC67 devices, one fouY-bay docking cradle, one
four-bay battery charger, five Zebra Bluetooth Printexs, Biazos tilobile rlpplicarion Softwaxe, implementation services, txaining
and licensing fees along with extended warxanties as descriUed in the quote submitted by Tylex Technologies. The City will pay the
annual maintenance fee for the equipment and system interface.
2. LOCATION: r1ll equipment xelating to the opexation of the ticket writers will reside at '1tiULJ and subject to inspection Uy the
City.
3. DAMAGE: The cost of equipment damaged or destroyed while in use by '1'UCJ (if not coveied under warranty) will be paid by
TWU.
4. TOTAL AMOUNT OF THE PURCHASE BY THE CITY. $31,385.00 with maintenance fees of $3,988.00 annually.
Purchase of equipment will be made in fiscal 14-15 through a supplemental package submitted by the Municipal Court and
approved thiough the budget process.
5. TERMINATION. Upon the terminarion of the relationship and agieement Uetween the Cit and TWU all equipment shall Ue
returned to the City within 15 days.
6. BREACH / OPPORTUNITY TO CURE. The paities hexeto expressly covenant and agree that in the event either party is in
default of its obligations heiein, the paity not in default shall provide to the paxty in default at least thirty (30) days written notice to
cure said default Uefoxe exeicising any of its iights as pxovided for in this gieement.
7. LIABILITY. The parries to this gieement and their xespective officexs and employees shall not be deemed to assume any liaUility
for the acts, omissions and negligence of the other party.
8. FORCE MAJUERE. E:ccept fox the obligation fox the payment of money, if eithex paxty fails to fulfill its oUligations hexeunder
when such failure is due to an act of God, or othex circumstance beyond its reasonable control, then said failure shall be excused
for the duxauon of such event and for such a rime thereafter as is reasonaUle to enable the parties to iesume performance undex
this rlgreement.
9.' DISPUTE RESOLUTION. The City must use the dispute resolution process pxovided in Chaptex 2260 of the Texas IGovernmentCodetoattempttoresolveadisputearisingunderthiscontractandsuchprocessisarequiredprerequisitetosuitin
accordance with Chapter 107, Texas Civil Pracrice and Remedies Code. The City must submit written notice of a claim of bxeach
of contract undei this chapter to _......__.___.____________._. ............................_......_..............................._......________.• T/U is an agencp of the State of Texas and
nothing in this rlgreement waives or relinquishes the right of TWU to claim any exemptions, piivileges and immunities as may be
provided by law.
10. REMEDIES. This rlgxeement shall be construed Uy and governed by the laws of the State of Te:cas. Venue for any legal acrion
necessaiy to enfoice the rlgieement will Ue in Denton County, Texas. No Lemedy herein confeiied upon any paxty is intended to
Ue exclusive of any other iemedy, and each and every such iemedy shall be cumularive and shall Ue in addition to every othei
remedy given hereunder oi now or hereafter e cisung at law oi in equity or Uy statute oi otheiwise. No single oi partial exercise by
anj part of any right, power oi remedy hereundei shall pieclude any othex oi fuxther exercise theieof.
11. ENTIRE REPRESENTATION. This 1lgreement contains the entire agreement between the paxties and supeisedes any prior
oral or written agreements, commitments, undeistandings, oi communications with respect to the suUject matter of the gxeement.
No amendments or modification of this rlgreement shall be effective unless set foith in wiiting executed Uy duly authoiYZed
repiesentarives of each party. This rlgreement shall be constiued in accoxdance with the laws of the State of Texas.
12. WAIVER. No waiver of any piovision hereof or of any right or remedy heieundei shall be effective unless in writing and signed
by the part against whom such waivex is sought to be enforced. No delay in exercising, no course of dealing with xespect to, or no
paxtial exeYCise of any right or xemedy heieunder shall constitute a waiver of any xight oi remedy, ox futuie exercise theieof.
13. ASSIGNMENT. This tlgxeement may not be assigned in whole oi in paxt by any of the Parties without piior written consent of
the othei Paity.
14. SEVERABILITY. In the event that any section, paragraph, sentence, clause or provision hereof is held by a couxt of competent
jurisdiction to Ue invalid, such shall not affect the remaining portions of this 1lgreement and the same shall iemain in full force and
effect.
15. AMENDMENTS. This rlgieement may be amended fiom time to time by wYitten amendment Uy Uoth parties.
16. NOTICE. riny norice requiied to Ue given in connection with this rlgreement shall be in wiiting and shall be deemed effecrive if
hand deliveied, or if sent Uy United States ceirified mail, ieturn xeceipt iequested, postage pxepaid, ox if sent Uy piivate xeceipted
courier guaianteeing same-day oi next-day delivei}, addiessed to die iespective party at its addiess piovided Uelow. If sent by U.S.
cerrified mail in accordance with this Secrion, such notices shall Ue deemed given and received on the eailiei of (a) actual ieceipt at the
address of the named addressee, or (b) on flie third (3rd) Uusiness day aftex deposit with the United States Postal Service. Norice given
Uy any other means shall be deemed given and received only upon actual ieceipt at the address of the named addxessee.
TexasWoman'sUniversity Police
Depaxtment
301 rldministrauon Drive
Denton, Texas. 76204
City of Denton Puichasing Department
901B Texas Street
Denton, Texas 76201
rlttn: Puichasing Managei
Telephone: 940-349-7133
Email: ;uuu ll:n, uir;!6'µ(1;a$ara u,.a.a arc,n,
17. NO THIRD PARTY BENEFICIARIES. For purposes of this rlgreement, including its uitended opeiation and effect, the
paities specifically agiee and contiact that: (1) the gxeement only affects matters/disputes Uetween the pairies to this 1lgieement,
and is in no way intended b} the pairies to Uenefit oi othenvise affect any thiid person or enrit noturithstanding the fact that such
third person or entity may be in contractual relarionship with the State or City, or Uoth; and (2) the terms of this rlgieement are not
intended to release, eithei by contract oi by operation of law, any third peison or entity from obligations owed Uy them to eithex
the State or City.
18. ENTIRETY OF AGREEMENT. This rlgreement represents the entiie undexstanding Ueriveen the County and City and
supeisedes all other negoriations, repiesentations or agreement, written or oial, relating to this rlgxeement.
The parties have caused this tlgreement to be executed by theii duly authoiized representative,
TEX S «' f i,F l"`i UNIVERSITY CITY OF C;; i"1 ()i 1'w
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ACKNOWLEDGEMENT
STATE OF TEX 1S
COUNTY OF DENTON
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Date:..... ,,..&r s...... ...._
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY'^. "
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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This uistrument was acknowledged before me on the ay of _,,,,, , 201 by « r.; n
Uehalf of the City of Denton, Texas.
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