2015-307ORDINANCE NO. 2015 -307
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS FOR
INTERNET SERVICES UNDER SECTION 791.001 OF THE STATE OF TEXAS
GOVERNMENT CODE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND DECLARING AN EFFECTIVE DATE (FILE 4943 - INTERLOCAL AGREEMENT
WITH UNIVERSITY OF NORTH TEXAS SYSTEM IN THE THREE (3) YEAR NOT -TO-
EXCEED AMOUNT OF $60,000).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute an
Interlocal Agreement with the University of North Texas 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 4943 to the City Manager of the City of Denton, Texas, or his designee.
SF1'(,"j'I(—)N 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 2-6)
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: *ASIT(O PPI El. LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
day of ... ...._O.. 2015.
C,IIl 1S "I "I "S, MAYOR
This Agreement (the "Agreement") is made and entered into as of the effective date provided herein below,
by and between The City of Denton, Texas, a Texas home rule municipality (hereinafter "City") and University
of North Texas System, a state university system (hereinafter "UNTS") on behalf of its department of
Information Technology Shared Services (hereinafter "UNTS ITSS"). City and UNTS are hereafter
collectively referred to herein as "Parties" or individually as a "Party."
WHEREAS, both City and UNTS have the authority to enter into this Agreement pursuant to Chapter 791,
Texas Government Code, as amended; and
WHEREAS, the City and UNTS have established an ongoing relationship whereby UNTS ITSS has providl
Enternet access services for the City; and M
WHEREAS, the City and LINTS ITSS desire to formalize this relationship in this Agreement by continuing
to provide Internet access services;
NOW THEREFORE, in consideration of the covenants and agreements hereafter set forth, the Parties agree
as follows:
Subject to the terms and conditions contained herein, the City will contract with UNTS and UNTS ITSS w
[!,rovide, as an independent contractor, Internet access services as provided in this Agreement.
2. SCOPE: UNTS ITSS will provide the City Internet access services. The City is responsible for providing
their own IP address space and connectivity between the City and UNTS's ITSS Internet services.
3. PERFORMANCE: UNTS will make responsible efforts to provide continuous access to these services.
In the event that these services are interrupted, UNTS will make reasonable efforts to identify and correct
the fault. UNTS will work with its Internet Service Provider to return the service to normal operations.
4. AMOUNT OF THE CONTRACT. For the Internet access services provided • UNTS ITSS and
delivered hereunder, City shall pay UNTS $1,500.00 per month • a total • $18,000.00 per year.
LINTS shall submit monthly invoices to the City within thirty (30) days for Internet access services. All
invoices shall be sent to:
215 E. McKinney Street
Denton, TX 76201
The City agrees to reimburse LINTS for the costs billed within thirty (30) days of receipt of invoice. All
payments shall be sent to:
5111"MININEW11
Denton, TX 76203
5. EQUIPMENT. Ownership of all permanent and expendable equipment purchased • UNTS under this
Agreement shall become the sole property of UNTS at the time of purchase, and title thereto shall ves'j
solely in UNTS.
7. SECURITY CONTACT. The City shall designate an employee • serve as a contact for communicati
from UNTS regarding security incidents. The City shall communicate the employee's name and conta
information to UNTS and update it as necessary.
For LINTS:
Chief Information Officer
IT Shared Services
University of North Texas System
1155 Union Circle #305398
Denton, TX 76203-5017
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(940) 565-2224 (voice)
(940) 565-3259 (fax)
WIMORM
City Manager, City of Denton
City Hall
215 E. McKinney
Denton, TX 76201
(940) 349-8596 (fax)
By Courier
Discovery Park
E201
Denton, TX 76207
940-565-4357,
10. BREACH / OPPORTUNITY TO CURE. In the event either Party is in default of any provision of this
Agreement, the Party not in default shall provide to the Party in default at least thirty (30) days written
notice to cure said default before exercising any of its rights as provided for in this Agreement.
11. TERMINATION: Either party may terminate the Agreement at any time by giving not less than •
hundred eighty (180) days advance written notice to the other party. Termination or cancellation shall n
affect the rights and obligations of the parties accrued prior to termination. The City shall be liable for a
expenses incurred and all non-cancelable commitments made prior to UNTS's receipt of the notice
termination and shall pay UNTS for same within thirty (30) days of final invoice. I
13. NON-INDEMNIFICATION. Unless otherwise required by law, neither party shall by reason of the
Agreement be obligated to defend, assume the cost of defense, hold harmless, or indemnify the other from
any liability to third parties for loss of or damage to property, death, or bodily injury arising out of or
connected with the work under this Agreement.
f 4. PUBLICITY. Neither party to this Agreement may use the name • the other in news releases, publicity,
advertising, or product promotion without the prior written consent of the other, except that UNTS may
include the City's name in reports as required by state and federal mandates.
112 Tre M.
The Parties have caused this Agreement to be executed by their duly authorized representative.
UNIVERSITY OF NORTH TEXAS SYSTEM
B
ja11 aldron, VC for Finance
Dpi le:
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CITY OF DENTON, TEXAS
By: yy a
Title i _... °.. d%... °�...
Date: 110141' 1,.
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS