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2013-259ORDINANCE NO, 2�13-259 _ 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 a rov ....._ �. pp al. m,� PASSED AND APPROVED this the ������ day ot;,, �,�_ ���� �`� ��wmw 2013. ,�': B�f1�T1�;�t:f���°�-��, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY , �� � �''� ... � � .. � �* � , , � , BY: °�� ��. � _ _..:.� .� . � .� � APPRO'�' ;I� AS ' � LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ���"�� .�,...�� �, �°��� �"�. "-4}9'�1� 6 �9��'"":�839 �^�,° �'°� 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 , . . � . � � . 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 .� . _. �. . . � . �' , r � r � � � � � � .. � . 1} Parties: This Agreement is between the City of Denton, Texas (hereafter "Denton"} and the City of Corinth (hereafter "Corinth"}. � � � � � _ � �, _ _ _ , � � , - � - �i ir � ` � i i ` � � � - ` i �,' � *, � ` � � 11 �� . ,i I� ��' � �i � �� �, � - � � r � � � � � . � � ♦ ii .; � � , � � . . . ' " i,� !," �� ��M �I i' . . ��� i,���� � �,`. � . �. � � . * � �, - � �- " � � + � i . � ' w � ., ' * i � ,. � � � * . � � ' s i � � � . � i I� a a, � 1 � , �r ; i 1. Corinth shall procure, license, and maintain a current support contract for any software not identified in Attachment A. �.;- . 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 �.;- + • 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. r 1; � ' '� � ; 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. • ,. 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. .,,� , 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) �,o� � . �° � � � � � � .W,� � ` �? .� �� � � � �� � . � � ��-„� '" r�"� �,��--_ �-� � ��w � _� � � �'i���,I"3�.�.���w7�;�q Interim �;"r���°�`Manager �w� A"a "q"I °� 1�",� �"°� c �f �..,,.,,����F<��`!� ` � � — .�,�-.�.���_ ...__._ Kim Pence, �"�t���� �ecretary �� THE CITY OF DENTON (DENTON) ATTEST; �`� �'"� � o. � � �,, ��,,,�,,� � �.��,�'�.:�. �,.��,.. �„�.-�� ........ . .....--......_. J�; ���� ��N� "�����V �'���, City �ecretary �,, � �. .., �PPROVED AS TO FORM: CITY ATTORNEY CITY OF DENTON, TEXAS . w,� �.� ����� � , ,� BY.,��. . �� ��� q. .� ...� � �,,, � µ��,.� � ., �v ��� � � �� � � �� � �.�� � ��,�.r� ,,... George Cam bell Cit Mana er p � Y g Page 8 of 12 . . ., 1 R � � �, , �ervers: . ..��_. .. ..._. . ...m .._. Unit Prrce .. � ����������������������� ���� 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 1• . � � ��Iardware -Health moni 1; s � $90 / TB / Manth InCI„ Incl. , '� s' • � 1 I.�J 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. - k m �..�_. ____— 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 , .,... �-�ardware .. ,,,,� ---m�� __._..... � ....m�.� ------ .. �oft�vare Ciii'�L� $415 / TB / month Incl. Incl, I • rl , ,w � . .. �Secondar ��.....,__._ — ...�__ --------- .... _..__ __ � __��..._. Y disk storage � �_ Incl �...�....._� _ — � �. Detail: . . Q..w, . � . ---- - .... ... _— _., __ �, ty Unit Price �. ourly Charge Es.� . � — . � � � timate 180 hours $80 /�hours � H..---- _ ..�....w � �._�_ ---- � , m�..,......._. �., _ .. .__. .. - ardware Incl. __ --- � . .......,,,, .. . �_. e .. ... � . � -Software Incl, � . .. . ..... _ ,.... ....m_,_� _ .. __ . _ . -Secondary disk storage Incl I��� _ . .�•r`. _ - ,� _ • � . .� .� � �,- �-� -r - � '�, ` R ` � . . ����� � �, � 4 ` � � �� � .�, � �'" � � ` � � i i � , �� � � . � � .� / � � ��*. � 4 . . ; __�. _.___ .... ..__—... ...� _ ------ ......... �e. �����.. ...... 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$3.5192 _ Email � ����,7 �icr�� i G.y��fdenton.com Dent_. ... .. . , --- ..�Ae.. _�. ---- �...�..... . ..--- e.. ........ . � . .... �......._ .�, � on MOA Name: Melissa Kraft Coordinator Office:940.349.7823 Mobile: 469.77.6004 E-mail: Melissa.l�.o�u9�+ra?��1����1���.r�i�a��.com ��� .....�. . .... --- .. � _ __ �o,,,, w...,,,, ..,., . � � Denton Name Paul Desjardins Systems Office:940.349.7373 Security Mobile:940.395.9008 Manager E-mail: Paul.Desjardins@cityofdenton.com _ Denton ...._.Name: Ke...m�a.�.. _ ... e,._ _ . � .. .........,..� �.. vin Gunn Technology Office:940.349.8595 Servrces Mobile:940.390.7925 Director E-mail: Kevin.Gunn@cityofdenton.com �....._. . ��.....,.....__ ............... ....e.. _ �.�.�....--- ........ Hosting Primary: Physical 601 E. Hicicory Street Location: Denton, TX 76205 Secondary: 1685 Spencer Rd Denton, TX 76205 Ha._-- --------- ..... .. ..---- - ...r--- .. ..______ ... .......__ ... � � --- .._ rdware See Attachment C Information: Page 11 of 12 � . . . I�� 1 � �; ` 1 `; � , � , Server Hardware: Hostin Services _ g are delivered using the Cisco Systems Unified Computing Systein (UCS) Platform Blades Servers. A typical server has 12 Intel Westmere cores running at 2.67GHz with 9$GB RAM. More information can be found here: httn;//www.cisco.���o�ilc���l V�%�e���cBucts/bs10265/index.html � ,. � . �� - � � � -� �� � . � - . .� . . _ � � . . . � . . . -. r' . . . . �� `�` - . � � ����� . � � . ���� � �� � � � ` ' � , . . .. - . � � ` � ' ' � � _ � . . _ _ ���� • �� _ . �� �. . � �� . ♦ � � � � ` �` ��� . � � ,�� � � � � , � �, I � ! ',�, . � � � i ' ! , i Virtualization:. Vi... i ..�..........__ 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/ . �... � � ,��� � - � . ��� � � ����� � . . - . � �� � � ` �! '��� � � . � � � . . ����� . c � . ���� ♦ w � �..� � ,� �� � . _ � ..� � �. �� . _ . . # � ��� � �1 � ' � _ � _ _ � , � - ��� � � � - � � .. � `�,. � . . .� �� . �. ! �• . -� . � i � . � � � � . �� -� . � `�� � � � � � . � �� . �i ` �! � �' � f 1 . , - ,� � � � ,'' f � ' � • � ` � ,.' ' � � ' � � �� - �� ! � i � � , . . ! � ` i i f `1 �f� ! i �' �', r'�. �