21-688ORDINANCE NO. 21-688
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO
EXECUTE AN INTERLOCAL AGREEMENT WITH THE DENCO AREA 9-1-1 DISTRICT
("DENCO"), UNDER THE TEXAS GOVERNMENT CODE, CHAPTER 791, TO
AUTHORIZE THE CITY OF DENTON' S CONTRACT USE OF DENCO' S ANNEX FOR A
BACKUP EMERGENCY COMMUNICATION CENTER AND INFORMATION
TECHNOLOGY SUPPORT SPACE; DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or their designee, is hereby authorized to execute the
Interlocal Agreement with Denco under Chapter 791 of the Texas Government Code, a copy of
which is attached hereto and incorporated by reference herein (the "Agreement").
SECTION 2. The City Council of the City of Denton hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
The motion `sSrdinance
seconded by
following vote L-1 - _0]:
Aye
Mayor Gerard Hudspeth:
Birdia Johnson, District 1:
Connie Baker, District 2:
V
Jesse Davis, District 3:
John Ryan, District 4:
1/
Deb Armintor, At Large Place 5: V
Paul Meltzer, At Large Place 6:
was made by -:5G h A Al� A- and
The ordinance was passed and approved by the
Nay Abstain
PASSED AND APPROVED this the day of 4
Absent
GERARD FTWOETH, MAYOR
2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Olgful€y signed by mane€€a Lunn
om: do--com, dc=dty.fdmton, d—dad,
au=Department Users and G*sups,
ovdeneral G.vemment,.-Legal,
BY: �garcE aLnn
Data 2021.04.01 15:45:22-OS-00'-
THE STATE OF TEXAS )
COUNTY OF DENTON )
INTERLOCAL AGREEMENT TO PROVIDE
BACK-UP ECC, EMERGENCY
OPERATIONS AND DATA CENTER SPACE
This lnterlocal Agreement (the "Agreement") is entered into by and between City of Denton,
Texas ("City") and the Denco Area 9-1-1 District ("Denco"), both entities being located in whole
or in part in Denton County, Texas, and hereinafter referred to collectively as the "Parties." The
Parties execute this Agreement as hereinafter provided, pursuant to Texas Government Code,
Chapter 791, known as the Interlocal Cooperation Act and Texas Government Code Chapter
418, being the Texas Disaster Act of 1975.
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 9-1-1 equipment and network for emergency services for the benefit of the
residents of Denton County; and
WHEREAS, City provides law enforcement, firefighting, ambulance and emergency
services and related services (collectively, the public safety operations) for the benefit of its
residents; and
WHEREAS, Denco owns property located at 1076 Princeton Street, Lewisville, Texas
75067 known as the Denco Annex (the "Annex"); and
WHEREAS, the Annex is an ICC-500, EF-5 tornado -rated hardened facility containing a
secure data center, backup Emergency Communications Center (ECC), and information
technology support space; and
WHEREAS, City desires to locate mission critical aspects of its Information Technology
operations at the Annex in order to enhance the redundancy, uninterrupted service and disaster
recovery for its electronic data, communications systems, computer systems and related
hardware and software; and
WHEREAS, City desires to utilize the Annex for operations to create a high availability
active/active environment or passive disaster recovery environment; and
WHEREAS, City desires to utilize the Annex as a backup facility for operations in the
event of evacuation or overflow of City's primary emergency communications center; and
WHEREAS, City desires to utilize the Annex as an alternate location for emergency
coordination, command and control functions during a declared disaster or significant
emergency,
NOW, THEREFORE, in consideration of the foregoing and the mutual terms and provisions
contained herein, the parties hereto agree as follows:
1. Term. The initial term of this Agreement shall commence as of the date the last Party
executes this Agreement (the "Effective Date") and end on the day prior to the first (Ist)
anniversary of the Effective Date (the "Initial Term"). After the Initial Term, this
Agreement shall automatically renew for successive one (1) year periods commencing on
the anniversary of the Effective Date and ending on the day prior to the next successive
anniversary date of the Effective Date (each being a "Renewal Term") unless otherwise
terminated as specified herein. The Initial Term as extended by each Renewal Term shall
be the "Term" of this Agreement.
2. Emergency Use of Operational Space. The Annex ECC workstations are equipped
with 9-1-1 call -taking equipment/mapping and software. For connectivity to City
equipment in the Data Center - such as computer aided dispatching server, a universal
port replicator, two monitors, keyboard and mouse are provided. Subject to Denco
Annex Access Procedures, a copy of which (and any future modifications thereto) will be
provided to City, the Parties agree that City may access the facility and use the
operational space within the Annex to support its mission critical Public Safety
Operations during an emergency, requiring the evacuation of the City's primary
emergency communications center, or if City needs to expand operational capacity.
Denco shall retain management control of the Annex and all Denco-owned equipment. In
the event of a simultaneous request for multiple agencies to utilize the facilities, the
Denco Executive Director will allocate space based on need and workload proportionality
with priority placement on the receipt and processing of 9-1-1 calls. Denco will modify
initial backup assignments as emergencies and number of agencies impacted evolve.
3. Scheduled Use of Operational Space. The Parties agree that any use of the facility for
non -emergency activities such as disaster response training, drills, exercises and general
meetings will be coordinated with Denco in advance.
4. Utilities. Denco will provide all public utilities and building maintenance services,
including, but not limited to, water, electricity, gas, heating, air conditioning, janitorial
and maintenance services (collectively, "the Utility and Maintenance Services") during
City's use of the Annex. The Utility and Maintenance Services provided to City will be
the same as those provided for Denco operations. If City desires services in addition to
the Utility and Maintenance Services, Denco approval shall not be unreasonably delayed
or withheld and City shall solely bear the cost of such additional services.
5. Fees. City shall not be charged rent or a fee for use of the Annex pursuant to this
Agreement.
6. Equipment. City shall be permitted to place the equipment itemized in Attachment A in
the Annex data center, specifically in the space described in Attachment A. City will be
responsible for the purchase, installation, operation, maintenance, and replacement of its
infrastructure and equipment within the Annex. All equipment must be installed in a
neat, professional manner consistent with the Data Center environment. If City desires
modifications to Attachment A, subject to modifications not requiring additional space,
Denco approval shall not be unreasonably delayed or withheld. Approved modifications
to Attachment A must be executed as an amendment to this Agreement pursuant to
paragraph 16 herein.
7. Demarcation Points. The Denco Annex offers two physical demarcation points for
carrier network connectivity. City shall be responsible for connecting to and testing at the
demarcation points. Denco will coordinate with City to determine mutually agreeable
extension from the Denco demarcation points to City's equipment located in the Data
Center, consistent with this Agreement and installation and materials best practices for
structured cabling systems.
8. Cabling. City shall be responsible for connectivity of City equipment placed in the
Annex from the demarcation point to the assigned cabinet. City will be responsible for
the purchase, installation, operation, maintenance, and replacement of network
infrastructure to City equipment in the Annex. All cables must be installed in a neat,
professional manner consistent with the Data Center environment. Connectivity between
the City equipment and Annex ECC (e.g. for Computer Aided Dispatching) shall be
connected via multi -mode fiber to the Denco Campus Switch in the Data Center. The
Denco Campus Switch provides connectivity to the specific VLAN assigned for City
connectivity, as documented in Attachment A.
9. Maintenance. Throughout the term of this Agreement, the Parties acknowledge that City
shall be solely responsible for providing oversight, maintenance, and repair of City's
installed equipment and associated infrastructure. Denco shall be solely responsible for
oversight, maintenance and repair of the facility including generators and UPS systems.
Denco is responsible for monitoring and maintenance of sensors and monitoring devices
for critical systems. For the purposes of this Agreement, the term "Associated
Infrastructure" means, collectively, all City owned or leased equipment, cabling,
connectivity, and other ancillary items that are brought into any portion of the Annex at
any time, and for any purpose as contemplated under this Agreement.
10. Use of Contractors. Subject to the provisions of this Agreement and Denco's prior
approval, which approval shall not be unreasonably delayed or withheld, City may at its
own option and expense enter into a contract with and designate a third -party to provide
the structured cabling services on City's behalf. Third -party designees must be approved
in advance by Denco, the approval of which shall not be unreasonably delayed or
withheld. Denco represents that the carrier demarcation point is carrier neutral and that,
subject to space availability and the applicable carrier agreeing to Denco's technical
standards, Denco will accommodate access to the carrier demarcation point for the
network carrier selected by the City.
11. Access. Subject to Denco Annex Access Procedures, Denco shall furnish electronic
credentials for immediate access to the Annex to City's employees on a seven (7) day per
week, twenty-four (24) hour per day basis, subject to compliance with such reasonable
security measures established by Denco and communicated in writing to the City.
a. Denco shall assign City information technology staff access credentials to the
Annex, the Data Center, and Common Areas.
b. Denco shall assign shared access credentials to City's ECC for access to the
Annex, the back-up ECC, and Common Areas.
c. Denco shall assign individual credentials to City's public safety and emergency
management command staff for access to the Annex, the back-up ECC, and
Common Areas.
d. Traffic at each access point to the Annex is monitored through security cameras
and key card access. Denco is responsible for managing, monitoring, and
maintenance of all security and access control systems.
c. City's employees, agents, contractors, or end users who access the secure data
center on City's behalf must be designated in writing in advance by City and
identified to Denco. City will ensure that its authorized representatives who are
involved in the installation, operation, maintenance, repair and removal of City
equipment and associated infrastructure, or who are otherwise granted access to
the Annex, comply with Criminal Justice Information Systems (CJIS) training and
background requirements or are under constant escort by a CJIS compliant
representative.
f. City's employees and management staff who access the Annex must possess valid
city -issued identification. Such identification must be visible at all times while in
the Annex. Department uniforms with names and/or badges are acceptable forms
of identification.
g. City shall immediately notify Denco upon loss of a keycard or employment
termination of a person assigned access credentials.
Denco may from time to time amend the Denco Annex Access Procedures in response to
changes in CJIS regulations and policies or where reasonably necessary to enhance and
improve security procedures within the Annex without the requirement of amending this
Agreement; provided, however, no revisions to the Denco Annex Access Procedures
other than changes relating to changes in CJIS regulations and/or policies shall be
effective earlier than 30 days after delivery of such changes in writing to City,
12. Equipment Removal. Denco agrees that all City owned equipment that is installed or
placed at the Annex in compliance with this agreement shall not be removed, moved, or
modified from its installed location or disconnected or modified or restricted in its
operation by Denco except in instances where failure to immediately remove or move
City's equipment will reasonably result in damage or destruction to City's or Denco's
property or injury to a person. City agrees to remove or relocate equipment identified in a
written notice provided by Denco to City not later than ninety (90) days after receipt of
such notice, which notice shall set forth the reasons for the need to relocate and/or
remove City's equipment and/or Associated Infrastructure.
13. Governmental Immunity and Responsibility. Neither Party waives any immunity or
defense that would otherwise be available to it against claims arising from the exercise of
governmental powers and functions. Each Party shall be responsible for the acts and
negligence of its own officers, employees, and agents. Each Party shall also be
responsible for any property damage or bodily injury caused by their equipment located
at the Annex and for any property damage or bodily injury caused by any act or omission
by their officers, employees, and agents. Each Party further agrees to waive all rights of
subrogation against the other Party for losses arising from work performed by either
Party at the Annex.
14. Limitation. The City shall have no rights or privileges to the Annex beyond the terms
and conditions stated in this agreement.
15. Notices. Except as maybe otherwise specifically provided, all notices required or
permitted under this Agreement shall be in writing and directed to:
City: Leisha Meine
Chief Technology Officer
601 E Hickory, Ste A
Denton, TX 76205
Denco: Gregory S. Ballentine
Executive Director
Denco Area 9-1-1 District
1075 Princeton Street
Lewisville Texas 75067
16. Amendments. This Agreement may be amended or modified only by written agreement
of the Parties signed by an authorized representative of each Party.
17. Entire Agreement. This Agreement supersedes any and all other agreements, either oral
or in writing, between the Parties 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.
18. Venue and Governing Law. The Parties agree that if legal action is brought under this
Agreement, exclusive venue shall lie in the State Courts of Denton County, Texas, and its
terms or provisions, as well as the rights and duties of the Parties hereunder, shall be
governed by the laws of the State of Texas.
19. Severability. In case any one or more of the terms, sentences, paragraphs or provisions
contained in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect
any other terms, sentences, paragraphs or provisions thereof, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
here.
20. Counterparts. This Agreement may be executed in multiple counterparts and shall be
binding on and endure to the benefit of each Party and each counterpart shall be deemed
an original for all purposes when duly authorized by the governing body of each Party and
signed by such Party's duly authorized representative.
21 a Payment for Performance of Governmental Functions. E ach Party paying for the
performance of governmental functions or services pursuant to this Agreement must make
those payments from current revenues available to the paying Party.
(signatures on following page)
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective from
the last date signed and marked on this Agreement by a participating Party.
CITY OF DENTON:
BY:
DATE SIGNED:
Sara Hensley, terim City Manager
DENCO AREA 9-1-1 DISTRICT:
BY:
414�1 .- '& z DATE SIGNED: 6
Gregory S. Ballentine, Executive Director
A
0
C
E E O
a c ui
0 O
a W3 -i
N
O i
U :L:) a
Qj
w d
E.
4Z
�L
•O
J
a
A
a
(D [�—
U
a�
i°
m
'G
ci
U)
QS
U
o
CL rr LO 0
(D
0)
m
-j
cc
a,
•�
t
N
do
C
O
N
w
�
N
N
_
3
N'43
v
o
U
o
�
A
N
E
►�,,/
U_
Fzr
N
U
s+
a]
7
Q,
gn
�
as
ti
O
A
�
U
�o
C
U
Ra
U-M
/may N coLo CO i-- w m O t— N
y� T T T
t j
O
r�
4.1
❑
❑