2016-352ORDINANCE NO. 2016-352
SECTIONm 1. The City Manager or his designee is hereby authorized to execute the
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 6238 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 , day of , 2016.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: -
APPR IVE;D AS I`O LEGAL FORM:
ANI 1 A BURGESS, CITY ATTORNEY
BY: - r
RIM 9 DINN. .:
This Interlocal Agreement (the "Agreement") is made and entered intothil_between The City of Denton,
Texas, a political subdivision of the State of Texas (hereinafter "CITY") and,,-),1111,'NIVERSIfY OF NORTH TEXAS, an agency of
the State of Texas (hereinafter "UNT").
WHEREAS, both the CITY and the State of Texas have the authority to enter into this Agreement pursuant to Chapter 791, Texas
Government Code; and
WHEREAS, the Digital Roadmap Strategy ("DRoadmap") contemplated under this Agreement is of mutual interest and benefit to
UNT and to the CITY and will further the instructional and technical objectives of UNT in a manner consistent with its status as an
agency of the State of Texas; and provide guidance to City staff in working toward becoming a digital smart city. UNT's primary
objective is to develop a digital roadmap to set a strategic vision in technology infrastructure investments, sustainability, education, and
use of digital media for service delivery and citizen engagement, among other technology goals.
WHEREAS, it is mutually beneficial to both parties to execute this Agreement whereby each entity can achieve common objectives
relating to the health, safety, and welfare of the citizens of Texas, and in the interest of saving the CITY and State of Texas taxpayer
funding; and
NOW THEREFORE, in consideration of the mutual representations, terms and covenants hereafter set forth, the parties hereby
agree as follows:
1. STATEMENT OF WORK. UNT agrees to use its reasonable efforts to develop a digital roadmap for the CITY as described in
the Statement of Work appended hereto and incorporated as Appendix A.
2. PRINCIPAL COORDINATORS. The services will be provided under the guidance of Dr. Victor Prybutok, Vice Provost,
Toulouse Graduate School, Interim Dean, College of Information, and Regents Professor of Decision Sciences, UNT.
3. PERIOD OF PERFORMANCE. UNT will conduct the program during the period of November 14, 2016 through
September 22, 2017. This Agreement may be extended for a period of six months only by written agreement executed by both
parties.
4. TOTAL AMOUNT OF THE CONTRACT. The CITY agrees to pay UNT the fixed price of $20,000, as agreed to in the
payment schedule, listed below.
5. PAYMENT SCHEDULE. The CITY shall make payments upon receipt of invoices, in accordance with the statutory provisions
of Texas Government Code; Chapter 2251.The payment schedule indentified below, strictly follows a milestone performance
schedule, in meeting of the following stated DELIVERABLES (Appendix A), and in the approval of invoices submitted to the
CITY:
a. Digital Roadmap Definition, supported by Digital Roadmap Findings and Status Report, and receipt of invoice in the
amount of $5,000
b. Survey Design, upon approval for Final Survey Instrument and Report Content, and receipt of invoice in the amount
of $5,000
C. Survey, upon presentation of Survey results, and receipt of invoice in the amount of $5,000
d. Comprehensive Digital Roadmap, upon approval of Final Report, and receipt of invoice in the amount of $5,000.
Invoices shall be sent to the following address:
Name: City of Denton, Accounts Payable Department
Address: 215 East McKinney Street
City State Zip: Denton, TX 76201
Company Rep Name: Alma Vigil Phone: 940-349-8223
Email: ,r ak �.twl,:x5 tl [c t 4 cll batt tYEe Fl y.guw
6. TERMINATION. This agreement may be terminated by either party, upon sixty (60) days prior written notice. Termination or
cancellation shall not affect the rights and obligations of the parties accrued prior to termination. The CITY shall be liable for all
expenses incurred and all non -cancelable commitments made prior to UNT`s receipt of the notice of termination. The CITY shall
pay UNT for these expenses on receipt of a final invoice. Additionally, UNT shall deliver the results of all previously unreported
work in such form as it exists to the CITY in conjunction with the final invoice.
Page 1 of 3
ILA app. 6/2011
7. BREACH / OPPORTUNITY TO CURE. The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, 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.
8. LIABILITY. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability
for the acts, omissions and negligence of the other party.
9. DISCLAIMER OF LIABILITY. THE SERVICE PROVIDER IVIAIC-ES NO REPRESENTATIONS AND EXTENDS NO
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THE TECHNICAL
REPORTS, INVENTION DISCLOSURES OR RESEARCH DATA FURNISHED UNDER THIS AGREEMENT. THERE
ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THAT USE OF SUCH MATERIALS OR MODIFICATION OF SUCH MATERIALS WILL NOT
INFRINGE ON ANY PATENT, COPYRIGHT, 'IRADEMARK, OR OTHER PROPRIETARY RIGHT.
10. FORCE MAJUER.E. Except for the obligation for the payment of money, if either party fails to fulfill its obligations hereunder
when such failure is due to an act of God, or other circumstance beyond its reasonable control, then said failure shall be excused
for the duration of such event and for such a time thereafter as is reasonable to enable the parties to resume performance under
this Agreement.
11. DISPUTE RESOLUTION. The City must use the dispute resolution process provided in Chapter 2260 of the Texas
Government Code to -attempt to resolve a dispute arising under this contract and such process is -a required prerequisite to suit in
accordance with Chapter 107, Texas Civil Practice and Remedies Code. The CITY must submit written notice of a claim of breach.
of contract under this chapter to Julie Satagaj, Sr. Contracts Officer, Office of Grants and Contracts Administration, University of
North Texas, 1155 Union Circle #305250, Denton, Texas 76203-5017, with copy to Dr. Victor Prybutok, PhD, Vice Provost,
Toulouse Graduate School, University of North Texas, Eagle Student Services Center, 1. 155 Union Circle, 305459, Denton, Texas
76203-5017. UNT is an agency of the State of Texas and nothing in this Agreement waives or relinquishes the right of UNT to
claim any exemptions, privileges and immunities as may be provided by law.
11 REMEDIES, This Agreement sliall be construed by and governed by the laws of the State of Texas. Venue for any legal action
necessary to enforce the Agreement will be in Denton County, Texas. No remedy herein conferred upon any party is intended to
be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by
any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof.
13. ENTIRE REPRESEN'T'ATION. This Agreement contains the entire agreement between the parties and supersedes any prior
oral or written agreements, commitments, understandings, or communications with respect to the subject matter of the Agreement.
No amendments or modification. of this Agreement shall be effective unless set forth in writing executed by duty authorized
representatives of each party. This Agreement shall be construed in accordance with the laws of the State of Texas.
14. WAIVER. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed
by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no
partial exercise of any right or remedy hereunder shall constitute a waiver of any right or remedy, or future exercise thereof.
15. ASSIGNMENT, This Agreement may not be assigned in whole or in part by any of the Parties without prior written consent of
the other Party.
16. SEVERABILITY. In the event that any section, paragraph, sentence, clause or provision hereof is held by a court of cornpetent
jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in frill force and
effect.
17, AMENDMENTS.This; Agreement maybe amended from time to time by written amendment by both parties.
18. NOTICE. Any notice required to be given in connection with this Agreement shall be in writing and shall be deemed effective if
hand delivered, or if sent by United States certified mail, return receipt requested, postage prepaid, or if sent by private receipted
courier guaranteeing same-day or next -day delivery, addressed to the respective party at its address provided below. If sent by U.S.
certified mail in accordance with this Section, such notices shall be deemed given -and received on the earlier of (a) actual receipt at the
address of the Darned addressee, or (b) on the third (3rd) business day after deposit with the United States Postal Service. Notice given
by any other mean,,, shall be deemed given and received only upon actual receipt at the address of the named addressee.
University of North Texas City of Denton Purchasing Department
Office of Grants and Contracts 901B Tex -as Street
Administration Denton, Texas 76201
1155 Union Circle #305250 Attn: Purchasing Manager
Denton, Texas 76203-5017 Telephone: 940-349-7133
Page 2 of 3 ILA app. 6/2011
Attn: Julie Satagaj, Sr. Contracts Officer
Telephone: 940-565-3940
Email. t wt il_;±�cs�trstczsu¢t 4��tt;edra
University of North Texas
Eagle Student Services Center
P.O. Box 305459
Denton, Texas 76203-5017
Attn: Dr. Victor Prybutok, Ph.D.
Telephone: 940-565-4767
Email: i irtr r,°.1' a tLtk�� t 11.P�xl`�Jt
Email::.iii�f1144.t�^tt1E.t4trre`b,ta�tn.
19. NO THIRD PARTY BENEFICIARIES. For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that: (1) the Agreement only affects matters/ disputes between the parties to this Agreement,
and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such
third person or entity may be in contractual relationship with the State or City, or both; and (2) the terms of this Agreement are not
intended to release, either by contract or by operation of law, any third person or entity from obligations owed by them to either
the State or City.
20. ENTIRETY OF AGREEMENT. This Agreement represents the entire understanding between UNT and the CITY and
supersedes all other negotiations, representations or agreement, written or oral, relating to this Agreement. The acknowledgement
or acceptance of purchase order forms containing other or different terms and conditions shall have no effect on this Agreement.
21. PUBLICATION. The parties shall be free to publish the results of work under this Agreement. UNT shall provide the CITY an
advanced copy of any proposed publication thirty (30) days prior to publication for the CITY's review. If the CITY determines
that the publication contains CITY confidential information, the CITY shall notify UNT of such confidential information. The
parties shall work together to redact such CITY confidential information from the publication prior to publication. Title to and the
right to determine the disposition of any copyrights on publications relating to the work hereunder shall remain with the publishing
party.
The parties have caused this Agreement to be executed by their duly authorized representative.
C_I'iR!1t'FIRSFT'� 0,F Ntill`111TI-X S
rf /
j= r` i
I5y ___..____ r
Carla MCGUire
Title:_ Associate Director
f
City of Denton, Texas
liy-
Dare t
Approved as to Legal Form:
Anita Burgess, City Ait4� ir41t
.r
Attest:
Jy� rifer "� 11Itel s, City.tt wr �C;axy
13y, I T A
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Page 3 of 3 ILA app. 6/2011
APPENDIX A
Statement of Work
Project Title: Digital Roadmap Strategy
Prepared by: Abdulrahman Habib, Teaching Fellow, UNT
Project Working Title: DRoadmap
Document Date: 4 Oct 2016
Business Need Summery
City of Denton (CoD) is vibrant city that is looking to become a smart city by leveraging its current initiatives
like open data portal, free wi-fi at public locations, broadband connection, library technology trainings, city
sponsored co -working space, and partnership with University of North Texas. City of Denton is looking for a
Digital Roadmap to help guide the city to become a smart city. The digital roadmap to set a strategic vision for
the City in technology infrastructure investments, sustainability, education, and use of digital media for service
delivery and citizen engagement, among other goals.
Service Objective
The Objective of this project is to develop a digital roadmap for the City of Denton. The Digital Roadmap
include capturing our stakeholder's input in regards to;
1. To test the working definition of the "digital strategy" and principles that underpins it.
2. Explore the types of initiatives that would be important to the various stakeholders.
3. Gain insight into priorities, inter -dependencies, and opportunities for co -design & co -delivery of digital
initiatives.
4. Identify the challenges and opportunities to access.
Scope of Service
Included
❑ Project Initiation
o Issue the SOW and CoD letter of interest
o Sign MOU
❑ Analysis of business requirements
o Analyze available strategies and resources
o Evaluate current Denton Open Data initiative
o Define Digital Strategy Aspects (Initially: Access, Open Government, Engagement,
Smart City)
❑ Study Design
o Define the Denton digital roadmap internal requirements using Interviews
o Evaluation Denton citizens definition for the digital roadmap using Survey
❑ Study Deployment
❑ Results Analysis
❑ Submit Digital Roadmap Report
❑ Handover & Closure
UNT Approval CoD Approval
Name: Dr. Victor Prybutok Name: Melissa Kraft
Title: Vice Provost, Toulouse Graduate School Title: Chief Technology Officer
Interim Dean, College of Information
Regents Professor of Decision Sciences
Industry, and
UNTO F NOR,714 TV
LJ7,NIVER511Y
Excluded
❑ Implementation of digital strategy
Assumption
Any variation of the assumption is subjected to change in delivery time and price
❑ CoD to provide available strategy documents, access to information and employees
❑ CoD to help facilitate and distribute the study interviews and survey
❑ Project sponsor have the authority to approve all project aspects
Tentative project plan
This is an tentative high level project plan. The dates are subject for changes.
Item
Duration
Start Date
End
Date
Denton Digital Roadmap Project:
225d
11/14/16
m�mm9/22/17
Open data benchmark
25d
._
11/14/16
12/16/16
a-._.
�.......w...w_ ............. ......,......�
Evaluation Denton Open Data Initiative Using (US City Census
4w
Model)
11/14/16
12/9/16
Present Denton Open Data Findings
Iw
12/12/16
12/16/16
Digital Roadmap Definition (Internal)
50d
12/19/16
2/24/17
----..�
Define Stakeholders
�.- .............
2w
12/19/16
12/30/16
Interview Key Stakeholders
2w
1/2/17
1/13/17
Interdepartmental Meeting
2w
1/16/17
1/27/17
Data Collection and Analysis
2w
1/30/17
2/10/17
Digital Roadmap Internal findings
IwPresent
mm�d
2/17/17
Feedback and Approval
Iw
2/20/17
2/24/17
Submit Digital Roadmap Findings and Status Report
0
2/24/17
�...
m 2/24/17
Citizen Input- to Digital Roadmap
®-
150d
2/27/17
` 9/22/17
Survey Design
60d
2/27/17
5/19/17
Design Research Plan and Success Measures
2w
2/27/17
3/10/17
Design Survey Instrument and Sample
4w
3/13/17
4/7/17
Evaluate Instrument Validity and Reliability
2w
4/10/17
4/21/17
----- �....
Pilot Survey
�_ Iw
4/24/17
_ .. , . �
4/28/17
_. .......� ...__...
-....a_. _.
Evaluate Pilot Survey
.......
Iw
5/1/17
5/5/17
Submit Pilot Survey Results for Approval
1W
5/8/17
.1
5/12/17
� _
Approval for Final Survey Instrument and Report
Content Iw
Conten m
5/15/17
17
5/19/17
Survey
45d
5/_2m2./17
7/21/17 _
Perform the Survey
. _...._...
5w
5/22/17
_ _------..
6/23/17
Data Analysis
2w
6/26/17
7/7/17
Present Finding
2w
7/10/17
7/21/17
UNT Approval
CoD Approval
Name: Dr. Victor Prybutok
Name: Melissa Kraft
Title: Vice Provost, Toulouse Graduate School
Title: Chief Technology Officer
Interim Dean, College of Information
Regents Professor of Decision Sciences
UNTOF UIV�Eq 17
, CDR XA*
The Comprehensive Digital Roadmap
Present Digital Roadmap collective findings
Digital Initiatives Collaboration Design Sessions
Feedback and Approvals
ovals
Incorporate Digital Roadmap with City Strategy
Present Digital Roadmap to Stakeholders
Submit Final Report
Celebrate Project Closure and
Contract and Project Closure
UNT Approval
Name: Dr. Victor Prybutok
Title: Vice Provost, Toulouse Graduate School
Interim Dean, College of Information
Regents Professor of Decision Sciences
35d 7/24/:17
9/8/17
2w
7/24/17
8/4/17
3w m
8/7/17
8/25/17
2w
8/28/17
9/8/17
2w
8/7/17
8/18/17
2w
8/21/17
9/1/17
w ..._.._
9/4/17
9/8/17
9/8_/17
9/8/17
1
2w
9/11/17
9/22/17
CoD Approval
Name: Melissa Kraft
Title: Chief Technology Officer