2014-225••l • • �' �
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERAGENCY AGREEMENT WITH THE STATE OF TEXAS DEPARTMENT OF
INFORMATION RESOURCES/COMMUNICATIONS TECHNOLOGY SERVICES
DIVISION (DIR/CTS) UNDER SECTION 791.001 OF THE STATE OF TEXAS
GOVERNMENT CODE, TO AUTHORIZE THE CITY OF DENTON TO OBTAIN
CONNECTIVITY SERVICES THROUGH THE TEX-AN NETWORK FOR
COMMUNICATION SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5585-INTERAGENCY
AGREEMENT WITH THE DEPARTMENT OF INFORMATION
RESOURCES/COMMUNICATIONS TECHNOLOGY SERVICES DIVISION).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute the
Department of Information Resaurces Communications Technology Services Division Services
Agreerrient 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 Agreernent 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 5585 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
approval.
PASSED AND APPROVED this the � b-,�?`� _ day of �� , 2014.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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��'I'I�1��1� �1��``� LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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This service agreement is between the Department of Information Resources/Communications
Technology Services Division (DIR/CTS) and the Customer. It rs the intent of the parties to
comply with the provisions of Texas Government Code Chapter 771, Interagency Cooperative Act
and/or Chapter 791 Interlocal Cooperatron Act as applicable, and TYtie 10, Subtitle D, Chapter
2170, Telecommunication Services, Texas Government Code.
I. DIR/CTS Responsibilities
1.1 DIR/CTS agrees to provide Customer with connectivity through various transmission methods to
the TEX-AN network for specific communications services including, but not limited to, video, voice,
routed data, Internet and/or equipment (hereinafter "services").
1.2 DIR/CTS will assist and advise the Customer in determining the best and most economical usage of
the services.
1.3 DIR/CTS will bill monthly for services, as required and respond to inquiries regarding Customer's
bill. DIR/CTS shall commence billing for services as they are provisioned.
II. Customer Responsibilities
2.1 Customer shall comply with the DIR rules applicable to the Communications Technology Services
Division, 1 TAC Chapter 207, as the same may be amended from time to time.
2.2 Customer has the responsibility to cooperate and coordinate with DIR/CTS so as to avoid delaying
DIR/CTS in the provisioning of and billing for ordered services. Specifically, it is the Customer's
responsibility to designate, in a timely manner; the types of service desired and provide DIR/CTS with
information which may affect technical, logistical, engineering, or equipment aspects of service
delivery. The Customer is exclusively responsible for any equipment added to their premises for
connectivity to TEXAN services. Customer shall keep DIR/CTS promptly informed of its billing
contact, address, telephone numbers, eligibility status and technical contact, and changes to any of the
foregoing. Customer understands and agrees that its failure to timely perform its duties, which delay
DIR/CTS in the delivery of ordered services, is not a condition of Force Majeure.
2.3 Payments will be made in full within 30 days of notification that the TEX-AN invoice is available
for retrieval from DIR/CTS's secured website. Customer represents that it possesses sufficient current
revenues to satisfy the timely payment of goods and services provided by DIR/CTS hereunder. In all
events, Customer shall be billed for and shall pay in a timely manner for all services actually ordered
and received up through the effective date of termination of services. Customer agrees it has no rights to
set off against bills received from DIR/CTS. Customer's covenant to pay survives termination of this
Service Agreement.
2.4 Customer is exclusively responsible for the operation and security of its premise equipment. The risk
of toll fraud or other unauthorized use of its premise equipment rests with the Customer. Customer
accepts this risk and understands that it shall be solely responsible to pay all charges, which may result
from toll fraud or unauthorized use of its premise equipment. Customer hereby releases and waives any
Page 1
Service Agreement 2013
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2.5 Customer is a qualified entity to receive goods and services from DIRICTS. Services will terminate
withaut liability to DIR/CTS shauld Customer's eligibility status change during the term of this Service
Agreement.
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The term of this Service Agreement begins on the date of the last party to sign and is in effect until all
services are terminated or the Service Agreement is terminated in accordance with Article V hereof.
Please note that service terms may differ from vendor to vendor and from services to service and these
terms are reflected on the services order forms.
IV. Billing
4.1 DIR/CTS's first month's billing for any circuits provisioned will commence on the date provisioning
is campleted.
4.2 DIR/CTS will cease billing circuits on the date disconnection is completed.
4.3 All ather services sha11 be billed on an usage basis from the first date of actual service until the service is
disconnected.
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V. Termination and Amendments
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5.2 A Customer may provide notice of intent to terminate this Service Agreement far convenience by
sending a written statement to that effect, which shall be received by DIR/CTS no less than thirty (30)
days priar to the Effective Date af termination. A Custamer request ta change a service shall not take
effect until Customer provides written notice to DIR/CTS of any changes to ordered services. If
DTR/CTS does nat receive written notification, the Customer will continue to be billed monthly until
proper notificatian is received. No written termination notice shall be effective prior to the expiration of
thirty (30) days after receipt by DIRICTS.
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6.1 Service rates are subject to change by DIR/CTS upon 30-days written notice to Customer.
6.2 No conflicting terms or canditions found in Customer orders or forms shall become a part af this
Service Agreement.
6.3 If service and/or communications projects are canceled at any time prior to completion, Customer
shall be responsible for all actual costs incurred by DIR/CTS up to the date of cancellation. DIR/CTS
will bill the Customer for these costs. Customer's covenant to pay shall survive the cancellation of a
proj ect.
6.4 DIR/CTS relies on third party contractors for the fulfillment of services contracted for hereunder.
Therefore, DIR/CTS makes no independent warranties or guarantees, express or implied, regarding said
services.
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P�ge 3
Service Agi°eement 2013
DIIt-C'['S-CSA-
Crestomer heweby �rgrees to tlae terrrstts and condfiions of tltu Service Agreement; r°epresevtrs Irt.at the
offiraal executing this Servrce Agreen�ent is nut�inrazed tn bznrl i�ie Cuslonier° to fts terms; and t/:at
Custnmer ltas cohtpleted �li of its internal processes� tn niake this a brnding un�lertakrng vn lhe part of
Custamer.
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CUSTOMER: d ��,1 � �' �� �s,i ������������ _.
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NAME, c�F;nuc�F c�. CAI�ipRF.r_,r, _
�r�rr�r.��; cITY MaNaGEx.
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APPROVED A5 TO L�GAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �°� _ �' � '°'�-`�
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Sek•vrce Agreemenf 20 l3
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NAME: John .Hoffman
'TI'I"LT;: Director, C�111171UT11Cd.t10riS T�C�]110Io�v
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Officc of General Counsel