2013-259ORDINANCE NO, 2�13-259
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AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF CORINTH, TEXAS UNDER SECTION
791.011 OF THE TEXAS GOVERNMENT CODE, TO AUTHORIZE THE CITY OF
DENTON TO PROVIDE VARIOUS 1NFORMATION TECHNOLOGY RESOURCES FOR
THE CITY OF CORINTH; AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE
CITY OF CORINTH THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 3839-
1NTERLOCAL AGREEMENT WITH THE CITY OF CORINTH).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
Interlocal Agreement with the City of Corinth under Section 791.011 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 accept funds pursuant
to the Agreement to provide various information technology resources.
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 3839 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
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PASSED AND APPROVED this the ������ day ot;,, �,�_ ���� �`� ��wmw 2013.
,�': B�f1�T1�;�t:f���°�-��, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPRO'�' ;I� AS ' � LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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"-4}9'�1� 6 �9��'"":�839 �^�,°
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Interlocal Agreement and Memorandum of Agreement
for Server Hosting and Information Services
Between City of Denton and City of Corinth
September 10, 2013
Page 1 of 12
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WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code (the
"Act"}, provides the authority to political subdivisions to contract with each other to facilitate the
gover ental fitnctions and services of said political subdivisions under the terms of the Act;
and
S, t e Ci of e to and the i of' Cori t have the authority ta enter into this
Agreement under the Interlocal Cooperation Act (Chapter 791 of the Texas Government Code);
and
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1} Parties: This Agreement is between the City of Denton, Texas (hereafter "Denton"} and
the City of Corinth (hereafter "Corinth"}.
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1. Corinth shall procure, license, and maintain a current support contract for any
software not identified in Attachment A.
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2. Corinth shall ensure that apprapriate training is provided for the staff
respansible far using and managing saftware nat included in Attachment A.
3. Corinth shall provide Dentan a list af software used that is not listed in
Attachment A. Denton may limit access to only the saftware listed, provided
Denton's denial shall not be unreasonable and Carinth has the right ta request
review af a denial.
4. Corinth may request Denton's assistance for non-recurring support items as
described in Paragraphs 4.b) 6 and 7 of this Agreement.
5. Carinth is prohibited from tampering, removing or atherwise attempting ta
bypass any camponent of the Dentan netwark.
6. Corinth will coaperate with Denton to utilize networlc bandwidth efficiently.
Corinth will cooperate with Dentan to mitigate bandwidth utilization that
adversely affects either the Denton or Carinth networlcs.
7. Corinth understands that Dentan maintenance aperatians may impact Carinth
server and netwarlc access. Dentan shall notify the Carinth POC as soan as
reasonably passible during unplanned or unexpected maintenance activities in
accardance with section 4.b)5.
8. Carinth will cooperate with Denton to mitigate all security vulnerabilities that
are discovered ar/and detected by any Dentan or Dentan contractor security
scan, on all applications, databases, and servers that are managed by Denton.
Denton will notify Corinth prior to security scans and talce steps to avoid any
adverse effects ta Corinth server applications.
9. In the case of any Information Assurance security related event, as described in
4.a)13, invalving Corinth computer systems, applications, databases, ar
networks, Carinth, under the guidance of Denton Systems Security Manager,
will be required to perform actions and/ar investigatians to mitigate or resolve
an Information Assurance security incident. Corinth shall report all infarmation
security related actions ta the Denton Systems Security Manager. Corinth will
be required to investigate the incident. In severe Information Assurance security
related events, Denton Systems Security Manager may talce actions to isolate
Corinth computer systems, applications, databases, ar networlcs from the
Denton network.
10. Corinth shall appoint a persan to serve as point-of-contact (Corinth POC) ta
respond to any Informatian Assurance security related event and provide that
information to the Dentan Systems Security Manager.
11. Corinth (including, but nat limited to, Corinth's System Administrator,
Database Administrator, User, Technical Lead, vendors and POCs) shall
comply with all TS System Security Manager's directions in responding to
security events or incidents and cooperate fully with the TS Systems Security
Manager.
12. An Infarmation Assurance security event is any real or suspected adverse event
in relation to the security of computer systems or computer networlcs, including
the act of violating an explicit or implied security policy.
13. Examples of security incidents include activity such as:
• attempts (either failed or successful) to gain unautharized access to a system
or data
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• attempts (either intentianal or unintentional} to spread malicious software,
unwanted disruption, or denial of service
• the unauthorized use af a system for processing or storing data
• changes to the system's hardware, firmware, ar software characteristics
without the owner's lcnowledge, instructian, ar cansent.
14. Corinth is responsible for providing a primary point af contact (POC) and
alternate(s} for purposes af this Agreement. Corinth is responsible for
immediately notifying Denton of any updates to the designated POC. If Carinth
fails to notify Denton of updated POC information, Denton is nat responsible
for notifying the Carinth POC or alternate(s}.
15. Corinth will natify Denton befare installing any new applicatians on the hosted
Microsaft Windows servers.
16. Corinth is responsible for opening a worlc order via the Denton Help Deslc (940-
349-$300) far all Denton networlc and supported software/hardware issues. The
protocols set forth in subsections 4.b) 6 and 7 shall apply. Corinth is respansible
for providing funding for professional services provided by Denton on an as-
needed basis. A formal scope of services and cast of services will be agreed
upan by both parties before any service is provided.
17. Corinth is responsible for hardware/software product life cycle management
from deployment through operatians, on to transformation/inigratian, and
finally to decommissioning/upgrading for any software/hardware nat listed in
Attachment A.
18. Corinth is respansible far providing funding and technical support far all stages
af life cycle management, including refreshment of hardware and safiware, as
required, for any hardware and software nat listed in Attachment A.
19. Carinth agrees to execute the Interlocal Cooperatian Agreement designating
Dentan its true and lawful purchasing agent for the purchase of the products
identified in Attachment A, and such other products as may be necessary for the
parties to perform their obligatians under this Agreement.
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1. Denton is responsible for providing and maintaining, on behalf af Carinth,
Microsaft Windows Server software, hardware, disk storage, replication of data
between two geographic sites, antivirus, Microsoft software updates, health
manitoring, firewall, security testing, data bacicup and retentian, and associated
professional services.. This includes, but is not limited ta, support and
maintenance of the following:
A. Server Operations, including firmware updates, OS patches, performance
manitoring and backups for the purpose of disaster recovery.
B. Setup, monitor, and maintain user accounts and access ta Corinth's
Information Systems, including server, firewall functians, and access using best
practices.
C. Software Licensing/Agreements, manitoring and tracking Corinth Microsoft
software licenses identified in Attachment A.
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D. Redundancy and Disaster Recovery Services.
2. Dentan designates Carinth as an authorized user and agrees that Corinth is
entitled ta the indemnifications provided in Denton's contracts with its software
and hardware providers which authorize the purchase of products by Corinth.
3. In the case of any Infarmation Assurance security related event invalving
Denton networks, including Corinth's networlcs, the Denton System Security
Manager shall serve as the facal paint far incident handling, investigation,
analysis, and reporting.
4. The Denton System Security Manager will provide to Corinth the security
infarmatian and guidance necessary for recovery, containment, and preventian
so that Corinth can resolve or mitigate an incident. In some instances, Corinth
will be required to investigate the incident. In circumstances where Corinth
cannot perform the required mitigatian, the Denton System Security
Manager will perform the required response actions. Denton Systeins
Security Manager will notify Corinth af any actions taken.
5. Denton will actively monitar and maintain a hosted Microsoft Windows Server
enviranment with better than a 99.5% network availability (figured on a monthly
basis). For scheduled maintenance, Denton will send routine dawntime notices
at least two days prior to the scheduled maintenance window to notify
customers. In cases of an emergency outage, Denton will pravide advance notice
when possible; Otherwise, Denton shall notify Corinth within a reasonable time
to and keep Corinth advised of the status of repairs.
6. Dentan will staff the Server Help Desk for Carinth during Denton Suppart
Hours and can be contacted at 940-349-8300. All issues received will be
prioritized upon receipt so that problems can be addressed within their requisite
timeframes (within Denton Server Suppart Hours, which are Mandays through
Fridays, 7:00 a.m. — 5:00 p.m.).
7. Corinth shall requesi support after Denton Support Haurs to the number listed
above or the on-call phone at 940-367-3261. Dentan will establish a priarity
based on the issue and will contact Corinth after opening the worlc order with
further details on the proceedings. If the support request is necessary to provide
public safety functians, Denton shall contact Corinth via email or telephone
within 20 minutes. Far ather requests, Denton shall contact Corinth within two
haurs. If no response has been received within twa hours after cantacting the
MOA Caordinator, Carinth may contact the Denton Director of Technology
Services who shall respond within two hours.
8. Denton shall maintain property, fire and casualty insurance in sufficient amounts
to replace Corinth's equipment in the event of casualty. Denton may maintain
such coverage under a plan of self-insurance.
9. Dentan agrees to sufficiently staff its Technolagy Services Division in order to
provide services under this Agreement.
10. Denton acknowledges that its employees will have access ta sensitive and
confidential materials, including, but not limited to, attorney-client privileged
dacuments and e-mails, information, and social security numbers of Carinth
emplayees. Denton employees shall nat disclose this infarmation ta any person,
Page 5 of 12
including other Denton employees, without the priar written permission of
Corinth. Denton employees shall not download confidential material on their
Denton-owned camputers, unless required far support of Carinth's systems as
outlined in this Agreement. Such downloaded dacuments shall be deleted after
the intended support use has been completed. Denton employees shall not
remave any confidential documents from Corinth facilities without the prior
written permission of Corinth. Each emplayee providing services under this
Agreement shall sign a confidentiality agreement with Corinth. Employees with
access to Carinth's criminal databases may have to sign additional documents
for such access, in accardance with State law.
5) Terms of Agreement:
a) Unauthorized Use: Denton will install no saftware on Corinth servers ar make
changes to the Carinth server configuration without written notice and consent fram
the Corinth POC. If there is any question regarding the maintenance, Dentan will
provide log files upon Corinth POC's request. Corinth will natify Denton not less
than 30 days before installing any new applications.
b) Ad inistrative Access: Denton will have no administrative access to Carinth servers
withaut written notice and consent from the Corinth POC.
c) Non Exclusivity: This Agreement is not exclusive and Corinth may contract with
others for information technolagy services, as it deems necessary ar advisable.
Corinth shall first salicit input from Denton before any alterations, installations, or
similar changes are made to existing equipment or systems. In the event another
cantractor alters Corinth's information technology system, Corinth shall provide
informatian to Denton regarding such changes as is reasanably necessary for Denton
to provide services under this Agreement.
6) Funding:
a) This Agreement requires Corinth, at Carinth's expense and separate from the services
provided under this agreement, to establish a data communication connectian to Denton
from a third party provider, Charter Cammunications, Inc. Corinth will pay Denton an
annual fee of $44,520 for fiscal year 13-14 for services provided under this Agreement.
The fee is based on the amount af dislc storage and the number of servers hosted. At
Corinth's written request, Denton shall provide additianal professional services at the
rates set forth in Attachment A. The unit casts specified in Attachment A will remain the
same for the term of the Agreement.
b) All expenditures made by each party in fulfilling their obligations hereunder, shall
be paid only from current revenues.
7) Modification and Ter ination:
a) Either party may request review af this Agreement. This Agreement is subject to
modification at any time upon joint written approval of both parties.
b) This Agreement may be terminated by either party at any time with at least nine
months' notice. Upon receipt of natice to terminate, a termination date af a minimum
of 210 days will be scheduled by Denton. Corinth Microsoft Windows Server,
Page 6 of 12
hardware, and associated services must be decammissioned by the termination date.
Annual fees previously paid are non-refundable.
c) This Agreement may be terminated with 30 calendar days' written natice in cases
where a sufficient security risk has been identified and where there has been no
successful mitigation af the vulnerability. In such event, Denton shall coaperate, and
shall cause its contractars to cooperate with Corinth in the transition of services.
d) A default shall occur if either party to this Agreement fails to fully, timely and
faithfully perform any of its material obligatians under this Agreement. In the event
of a default by either party, the non defaulting party shall have the right to terminate
the Agreement far cause, by written notice effective 30 calendar days, unless
otherwise specified, after the date of such notice, unless the defaulting party, within
such 30 calendar day period, cures such default ar pravides evidence sufficient to
provide to the reasonable satisfaction of the nan-defaulting party that such default
does nat, in fact, exist.
8) Effective Date and Term: This Agreement is effective October 1, 2013 and shall remain
effective through midnight, September 30, 2018, unless earlier terminated as provided
herein.
9) enewal Terms: Pravided Corinth is not in default of this Agreement, Corinth may give
Denton natice, not less than six months priar to the expiration of this Agreement, of its
intent to renew the Agreement for an additianal five year term. In such event, the term of
this Agreement shall be renewed and shall continue through midnight, September 30,
2023. Provided Corinth is not in default of this Agreement, not less than six manths prior
to the expiration of the Renewal Term af this Agreement, Corinth may give Denton
notice of its intent to renew the Agreement for an additional three year term. In such
event, the term of this Agreement shall be renewed and shall continue through midnight,
September 30, 2028. Dentan may increase the fees in Attachment A for the Renewal
Term, but such increases shall not exceed 5 percent per year in each year of the renewal
term. Denton shall give Corinth notice af such increases not less than 180 days before
they become effective.
10) General Provisions:
a) No waiver of a breach or any provision of the Agreement by either party shall
constitute a waiver af any subsequent breach of such provisian. Failure of either party
to enfarce at any time, or from time to time, any pravision of this Agreement shall not
be canstrued as a waiver thereof.
b} All obligations of each party shall be perfarmed in Denton County, Texas. The laws
of the State af Texas shall govern the interpretation, validity, performance, and
enforcement af this Agreement and the exclusive venue for any legal proceedings
involving this Agreement shall be Denton County, Texas.
c) Notices to Denton shall be deemed given when delivered in person ta the Denton POC
or on the third business day after the mailing of said notice addressed to the City
Manager of Denton via United States mail, certified or registered mail, return receipt
requested, and pastage paid, at 215 E McKinney Street, Dentan, TX 76205.
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d) Notices to Corinth shall be deemed given when delivered in person to the City
Manager of Corinth or on the third business day after the mailing of said notice
addressed to said City by United States mail, certified or registered mail, return
receipt requested, and postage paid, at 3300 Corinth Parkway, Corinth, Texas 76208.
e) The place for mailing notices for a party may be changed only upon written notice give
to the other in the manner herein prescribed for notices sent to the last effective place
of mailing for the notifying party.
EXECUTED THIS � �,��" �� DAY OF ' ��'" ������ ,���'��„���,'��'��' ,� 2013.
��.,���'� i'�'�°�'""'�r' OF � �����C�"�'������ (CORINTH)
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Kim Pence, �"�t���� �ecretary
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THE CITY OF DENTON (DENTON)
ATTEST;
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J�; ���� ��N� "�����V �'���, City �ecretary
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�PPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
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George Cam bell Cit Mana er
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Page 8 of 12
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�ervers:
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� ����������������������� ���� Estimated Annual
etail: Qty
Price I
Microsoft Windows ...��.. ....�_.r.. mm. -- ..w..__ � � .
$90 / Server / Month $17,280
Serverl
, .. � , �� �...... ----�- - ..._..,, .��� _.__ w.........__ ...� _ ..,� .... ---- .r��
-Hardware Incl.
w..Antivirus.... ... ................ ---- .... . � .. ... ---. Incl ry .........._. .... __ ---- __ . m....... ....,.
Microsoft.. ...� ...... ---- ..., . ........ � �.. � �� — . �
patches Incl
.. .Health monitori... �._ —........ ...em.... ------ . m„ _�. ..
-- - —,___.
ng Incl I
.. _ .. „ � --- � ..___ — _ . .�
-Initial securrty testing Incl
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��Iardware
-Health moni
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s
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$90 / TB / Manth
InCI„
Incl.
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L�ata � ��; �� �� �� Retention: . �_m �m. ,. _ _ _.
� ----
.�.,.,...Unit Price........ �
Detail: Qty Estimated Annual
Price
............. .... � ... � .�� .. --.__.
1 Terabyte data backup / 8 $90 / Server / Manth $$,640
retention
�.,........_ ------._ � ......._ -- ----- �. ....... _ — ..� ..�..___. ...�w .... __ _ �... .
aHardware Incl.
Health monitoring Incl.
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____—
ups Incl. �. P_. I � A_........_
Full ni�htly bac....�..,..... . . � m ,_
m.m ___,_ —
-30 days history Incl.
retentian
l�isaster [��;���w�w°� Tier l ���J��a��xtxan_
__ � .� ... � _�
Detail: Qty
1 Terabyte data fully 2
redundant at separate
geagraphic locatian
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�-�ardware
.. ,,,,� ---m�� __._..... � ....m�.� ------ ..
�oft�vare
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$415 / TB / month
Incl.
Incl,
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__��..._. Y disk storage � �_ Incl �...�....._� _ —
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Detail: . . Q..w, . � . ---- - .... ... _— _.,
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ty Unit Price
�. ourly Charge Es.� . � — .
� � � timate 180 hours $80 /�hours
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- ardware Incl.
__ --- � . .......,,,, .. . �_. e .. ... � . �
-Software Incl,
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-Secondary disk storage Incl
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Corinth Primary: Lee Ann Bunselmeyer
POC Tel: 940.498.3280 �
Information Mobile:
Email: Lbunselmeyer@cityofcorinth.com
.. � � _ ...� ...________ ... � ,,..,_� ---- ...� ...... _ __ . _.. � . ...
Alternate. Jonathan Ayers
Tel: 940.498.3219
Mobile: 940.7$3.5192
_ Email � ����,7 �icr�� i G.y��fdenton.com
Dent_. ... .. . , --- ..�Ae.. _�. ---- �...�..... . ..--- e.. ........ . � . .... �......._ .�, �
on MOA Name: Melissa Kraft
Coordinator Office:940.349.7823
Mobile: 469.77.6004
E-mail: Melissa.l�.o�u9�+ra?��1����1���.r�i�a��.com
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Denton Name Paul Desjardins
Systems Office:940.349.7373
Security Mobile:940.395.9008
Manager E-mail: Paul.Desjardins@cityofdenton.com
_ Denton ...._.Name: Ke...m�a.�.. _ ... e,._ _ . � .. .........,..� �..
vin Gunn
Technology Office:940.349.8595
Servrces Mobile:940.390.7925
Director E-mail: Kevin.Gunn@cityofdenton.com
�....._. . ��.....,.....__ ............... ....e.. _ �.�.�....--- ........
Hosting Primary:
Physical 601 E. Hicicory Street
Location: Denton, TX 76205
Secondary:
1685 Spencer Rd
Denton, TX 76205
Ha._-- --------- ..... .. ..---- - ...r--- .. ..______ ... .......__ ... � � --- .._
rdware See Attachment C
Information:
Page 11 of 12
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Server Hardware:
Hostin Services
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g are delivered using the Cisco Systems Unified Computing Systein (UCS)
Platform Blades Servers. A typical server has 12 Intel Westmere cores running at 2.67GHz with
9$GB RAM. More information can be found here:
httn;//www.cisco.���o�ilc���l V�%�e���cBucts/bs10265/index.html
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Virtualization:.
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rtual'zation allows multiple versions Microsaft Windows Server Operating Systems, or virtual
machines, to run on a single hardware server. Software executed an these virtual machines is
separated fram the underlying hardware resources. VMware, ESX, and vSphere are utilized for
hasted virtualization. More information can be found here:
htt�: //ww.vmware.com/viru_alization/
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