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2002-151ORDINANCE NO. ~Tt~-/,~-~/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND UNIVERSITY OF NORTH TEXAS FOR THE REPLACEMENT, INSTALLATION AND MAINTENANCE OF EMERGENCY WARNING SIRENS; AUTHORIZING THE EXPENDITURE OF FUNDS FOR LABOR AND AUTHORIZING THE CITY OF DENTON TO BE REIMBURSED BY UNT FOR MATERIALS PURCHASED; AND PROVIDING AN EFFECTIVE DATE. THE COUNCiL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee, is hereby authorized to execute, on behalf of the City of Denton, an Interloeal Agreement between the City of Denton, Texas and University of North Texas for the replacement, installation, and maintenance of emergency warning sirens, substantially in accordance with the Interlocal Agreement attached hereto and incorporated herein by reference. SECTION 2. The expenditure of funds as set forth in the Interlocal Agreement is hereby authorized. SECTION3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the c~ / '~-day of ~ ,2002. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBE~~TORNEY By: - ~ S:\Our Documents\Ordinanccs\02~lnterlocal Ag~nt-UNT-sirens.doc INTERLOCAL AGREEMENT FOR WARNING SIREN PLACEMENT between City of Denton and University of North Texas The following Interlocal Agreement (the Agreement) sets forth the terms of agreement between the University of North Texas (UNT) and the City of Denton, Texas (City), with regard to emergency warning sirens at UNT. I. Purpose of Agreement The purpose of this Agreement is to establish responsibilities of the parties as they relate to the payments for replacement of three existing sirens, installation of an additional siren and a maintenance agreement for said sirens at UNT. II. Duration of Agreement The Agreement is effective upon signature of the UNT Vice President for Finance and Business Affairs and the Denton City Manager, or his designee, and shall remain in effect until one, or both, party's cancel, in accordance with the terms set forth herein. III. Program Description In this instance, UNT needs to replace three sirens on their campus. The City contracting with Gifford Electric will provide the installation costs for those sirens and LrNT will reimburse the City for the cost of the materials. UNT will also reimburse the City for the cost of a new siren. Once installed all sirens will be turned over to the City of Denton to be maintained. To the extent the sirens are on UNT property, the City shall be granted access to the sirens. IV. General Provisions It is understood by both the University of North Texas and the City that each agency should be capable of fulfilling its responsibilities under this Agreement. If at any time either party is unable to perform its functions under this agreement, the affected party shall immediately provide notice to the other. V. Responsibilities of the Parties Under Agreement In consideration of the mutual covenants of the parties to this Agreement, the City of Denton, Texas and UNT agree that their responsibilities under this agreement are as follows: A. City of Denton, Texas agrees to: (1) Contract with Gifford Electric to replace the existing ~hree warning sirens at UNT and install an additional warning siren. (2) Pay for the labor to remove the old siren heads on three existing siren poles. Amount estimated is $2,280. (3) Pay for the labor to install three new warning siren heads on the existing siren poles and the installation costs for a new warning siren. Labor costs estimated to cost $16,075. (4) Provide the mapping software upgrade to include the four sirens within the City of Denton's current system. Software system to cost approximately $300. (5) Assume the maintenance of the four UNT sirens once the installation is complete. The City will also test the sirens as part of the current testing program. B. The University of North Texas agrees to: (1) Provide electrical requirements needed to install three new warning heads on existing poles and a new warning siren at a site to be determined after the three siren heads have been installed and tested for db level. (2) Keep the emergency siren sites in a neat and orderly fashion. (3) Reimburse the City for the cost of materials necessary to install the three warning siren heads and an additional siren. Estimated cost is $68,738. Such reimbursement of costs shall be made to the City no later then 30 days after UNT's receipt of an invoice for same. Amendment or Cancellation of Agreement This Agreement may be amended at any time by written instrument signed by both parties. Either the City or UNT may terminate this Agreement in writing at any time upon at least six months written notice. In the event this Agreement is terminated within five years of the effective date of this Agreement, the City shall be reimbursed for its costs of installation under this Agreement. VII. Points of Contact POC for the City is John Hudson, Emergency Management Program Manager, or his successor or designee and the POC the University of North Texas is Police Chief Richard Deter, or his successor or designee. VIII Dispute Resolution Process The following clause is added as a term of the Agreement: "Chapter 2260 of the Texas Government Code establishes a dispute resolution process for contracts involving goods, services and certain types of projects. If Chapter 2260 applies to this Agreement, the parties must use the statutory dispute resolution process to attempt to resolve disputes arising under this Agreement." APPROVED: The undersigned parties bind themselves to the faithful performance of this Agreement. City of Denton, Texas City Manager J~/?§i s ~ar t~an ager/Pub lic Safety University of North Texas Vice President for Finance and Business Affairs, Phil Diebel, Vice President for Finance and Business Affairs, University of North Texas Date: Date: APPROVED AS TO FORM: HERBE~~TrORNEY BY: