2016-316sAlegal\our documents\ordinances\16\denco interlocal agreement.doc
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH THE DENCO AREA 9-1-1 DISTRICT (DENCO) FOR PROVIDING A 911 DATA
BASE AND RELATED SERVICES FOR THE BENEFIT OF THE CITIZENS OF THE CITY
OF DENTON AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Denco is a duly organized political subdivision of the State of Texas created
pursuant to Subchapter D of Chapter 722 of the Texas Health and Safety Code.
WHEREAS, this inter -local agreement is entered into pursuant to authority of Chapter
791 of the Texas government code; and
WHEREAS, Denco is well equipped to provide a 911 database to the City of Denton; and
WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Interlocal Agreement on behalf of the City with DENCO. The City Manager, or his designee, is
hereby authorized to carry out the rights and duties of the City under the Interlocal Agreement
including the expenditure of funds provided for therein.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the da of � -1~ � 1 , 2016.
C.'11J S ATTS, MAYOR
ATTEST:
fl.'NNIFEIZ WA1_.'11`.16, CITY SEICE"I'ARN
BY:
- __ �_-
A 1 1'1 i 1_:D AS O LEGAL FORM:
ANITA ffi CGESS, CITY ATTORNEY
Page 1
THE STATE OF TEXAS )
COUNTY OF DENTON )
�.
DATABASE
PUBLIC ALERTING
This Interlocal Agreement (the "Agreement") is entered into by and between the City of Denton,
Texas ("Denton") and the Denco Area 9-1-1 District ("Deno"), both entities being located in
whole or in part in Denton County, Texas, and hereinafter referred to collectively as the
"Parties" or individually as a "Party." The Parties execute this Agreement pursuant to Texas
Government Code, Chapter 791, known as the Interlocal Cooperation Act.
WHEREAS, Denco is a duly organized political subdivision of the State of Texas created
pursuant to Subchapter D of Chapter 772 of the Texas Health & Safety Code engaged in
providing the enhanced 9-1-1 equipment network for emergency services for the benefit of the
citizens of Denton County.
WHEREAS, Denton is a municipality engaged in providing emergency service response and
related services for the benefit of the citizens of Denton County within its jurisdiction; and
WHEREAS, Denton provides an emergency alerting system to the citizens of its respective
municipality, and
WHEREAS, upon request by partner governmental agencies in the Denco Area 9-1-1
District, the district has agreed to act as the liaison and serve as the single point of contact for the
9-1-1 database provider and Denton, and
WHEREAS, Denco and Denton believe that it is in their mutual interest to enter into this
Agreement, and
WHEREAS, both Parties are authorized to perform the services contemplated herein as a
governmental function,
NOW, THEREFORE, Denco and Denton, for the mutual consideration hereinafter stated,
agree as follows:
1. Purpose. "Me purpose ofthis Agreement is to establish the responsibilities of Doizco and
Denton in regard to the use of Denton's emergency notification system (ENS). Denco and
Denton agree to abide by all pertinent federal, state and local laws and regulations;
2. Term. The term of this Agreement shall be for a period subsequent to Denco's current 9-1-1
database contract, and after the date of execution hereof subject to other termination rights of
the parties as established in this document. Either party may terminate this Agreement upon
thirty (30) days written notice to the other parry.
3. Cost. The cost for operation of the ENS, to include all charges by the ENS provider and all
operational costs, shall be the sole responsibility of Denton. Denco will not be liable for
any costs incurred by Denton for any component or operation of the ENS. Denco shall
acquire the customer record data maintained in the 9-1-1 database. The cost of acquisition
of the 9-1-1 data shall be the sole responsibility of Denco.
4. Data. Release of the data contained in the 9-1-1 database is to be used for the purpose of
warning or alerting citizens of an emergency situation where property or human life is in
jeopardy, and is to be maintained as confidential and not subject to public inspection in
accordance with Texas Health and Safety Code, Section 771.061 (a). It is not to be sold or
provided in any way to any agency/business, but is to be used for the sole purpose of
protecting life and property. In the event that this agreement is terminated by either party,
Denton will immediately destroy all data provided by Denco under this agreement.
5. Notices. Notices. All notices pertaining to this Agreement shall be in writing and shall be
deemed delivered (i) when received at the Party's address if hand delivered or sent via
overnight delivery service by way of USPS, UPS, FedEx, or similar carrier, or (ii) on the
third (3rd) business day after being deposited in the United States mail, postage prepaid,
certified mail, return receipt requested, addressed to the Parties at the respective
addresses set forth below or at other addresses as may have been previously specified by
written notice delivered in accordance with this Agreement.
City of Denton
Attn: Chief Technology Officer
601 E. Hickory Suite A
Denton, TX 76205
Denco Area 9-1-1 District
Attn: Executive Director
1075 Princeton Street
Lewisville, Texas 75067
P.O. Box 293058
Lewisville, Texas 75067
6. Amendment. This Agreement may only be amended by the mutual agreement of the parties'
hereto in writing and any amendments shall be attached to and incorporated into this
Agreement.
7. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the subject matter hereof, and no other
agreement, statement or promises relating to the subject matter of this Agreement which is
not contained herein shall be valid or binding.
11W
DATE:
City of Denton, City Matia`�cr
IM
DATE:
Mark Payne, Executd"Oebhecto l*