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2002-254S:\Our Documenls\Ordinances\02~Denco 911 Agreement Or&doc ORDINANCE NO. / AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENCO AREA 9-1-1 DISTRICT FOR THE PURPOSE OF ESTABLISHING THE DENTON POLICE DEPARTMENT AS THE PRIMARY PUBLIC SAFETY ANSWERING POINT (PSAP) WITHIN THE DENCO ENHANCED 9-1-1 SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute an Agreement between the City of Denton and the Denco Area 9-1-1 District for the purpose of establishing the Denton Police Department as the Primary Public Safety Point (PSAP) within the Denco Enhanced 9-1-1 System ("Agreement"), a tree and correct copy of which is attached hereto and incorporated by reference herein. SECTION 2: That the City Council authorizes the performance of the services as provided pursuant to the provisions of said Agreement. SECTION 3: That this ord'mance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the (,7~0 dayof ~ ,2002. / EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Ap~7-ov~D A~S TO LE;AL FIRM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Doeuments\Contraets\02~Deneo Area 911 Answering Point.doc THE STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT TO SERVE AS A . DENCO AREA 9-1-1 DISTRICT PUBLIC SAFETY ANSWERING POINT This Agreement is made and entered into this a~ day of ~ff/~'~ , 2002, by and between the Denco Area 9-1-1 District (hereinafter called D-enco~/and the City of Denton (hereinafter called the "City") for the purpose of establishing the Police Department as the primary Public Safety Answering Point (PSAP) within the Denco Enhanced 9-1-1 System. WHEREAS, in general, the City PSAP will be receiving 9-1-1 calls that originate f~om within its corporate boundaries. In some instances, however, the City PSAP will receive 9-1-1 calls for service that originate from areas outside its corporate limits. In any instance, without regard to the point origination of the 9-1-1 call, the City PSAP agrees to handle all 9-1-1 calls in accordance with procedures adopted by the City, Denco, and the statutes of the State of Texas; and WHEREAS, Denco Area 9-1-1 District is a duly organized political subdivision of the State of Texas engaged in providing the enhanced 9-1-1 equipment network for emergency services for the benefit of the citizens of Denton County; and WHEREAS, the City is a municipality engaged in the providing ambulance and emergency service and related services for the benefit of the citizens of Denton County; and WHEREAS, Denco Area 9-1-1 District and City mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, V.T.C.A. Health and Safety Code, Section 774.003 and other applicable statutes and contacts pursuant thereto. NOW, THEREFORE, Denco Area 9-1-1 District and City for the mutual consideration hereinafter stated, agree as follows: The City agrees that the 9-1-1 equipment installed at the PSAP remains the property of Denco and that the City shall be responsible for any damage caused by other than normal wear and tear usage and/or loss. The City agrees that representatives of Denco shall be the only personnel authorized to m~fmtain, modify, move or change the configuration of the 9-1-I equipment installed at the PSAP without written permission from Denco. This shall include the installation of software other than that approved in writing by Denco. 10. 11. 12. 13. The City agrees to provide immediate, unrestricted access to Denco staff, or its agents, to all Denco owned equipment and the 9-1-1 telephone demarcation point. Furthermore, this access shall be provided without prior notification to the City and/or PSAP by Denco staff. The City agrees to provide PSAP operations on a twenty-four hour a day basis and to staff the PSAP with trained Telecommunicator(s) whose training meets the standards set by the City, Denco, and the State of Texas. The City agrees to provide an alternate power source (generator) for the 9-1-1 equipment, to test this alternate source under load on a monthly basis, and to maintain such equipment in good working order. The City agrees to participate in all eqnipment-training classes required by Denco. The salary of any personnel attending training shall be the responsibility of the City. The City agrees to make reasonable modifications, such as providing the necessary dedicated electrical circuits and outlets, physical space, and any other reasonable requirements to allow for the installation of the 9-1-1 equipment. The City agrees that certain information provided through the 9-1-1 system is confidential and agrees not to disclose information regarding specific wireless or wireline telephone companies or their customers to the public or others outside the PSAP without first contacting Denco. A specific telephone company may wish to oppose an open records request through means established in the Open Records Act. The type of information considered confidential will be covered during equipment training provided by Denco. The City agrees to comply with the attached guidelines, marked as Exhibit "A" and incorporated in this agreement for all purposes, for use of manual ALI Query and agrees to execute the attached letter, marked as Exhibit "B" attached hereto requesting the service fi:om the 9-1-1 database provider. The City agrees to report all 9-1-1 database and routing errors as they occur through the electronic means provided by Denco. Denco agrees to provide and maintain the 9-1-1 hardware and software installed at the PSAP. Said hardware and software to remain the property of Denco. Denco agrees to provide at the PSAP an alternate telephone system, with sufficient telephone numbers and instruments as agreed to by both the City and Denco, to receive 9- 1-1 calls in the event of a 9-1-1 system failure or overload. Denco will test the alternate system on a regular basis. Denco agrees to provide PSAP management with procedures for reporting problems with the 9-1-1 system, including means for escalation. 14. Denco agrees to provide all database, network, and equipment management and maintenance for the 9-1-1 system. 15. Denco shall be responsible for the resolution of all 9-1-1 system errors. 16. Denco agrees to provide training for 9-1-1 telecommunicators, not to include payment for the telecommunicators' time, benefits, and travel. 17. The City agrees that 9-1-1 equipment, including, but not limited to, an ECS 1000 switch or any other Denco owned telecommunications equipment that is installed or placed at the PSAP location, shall not be removed, moved, or modified bom its installed location or disconnected or modified or restricted in its operation without one hundred and eighty (180) days advance written prior notice to Denco for Denco to act on the change. The City agrees that it will give Denco one hundred and eighty (180) days advance written prior notice of the expiration of any lease that may be applicable to the PSAP location or of any sale of the PSAP location or of any proposed change or restructure of the PSAP location so that Denco will have one hundred and eighty (180) days to relocate or move the 9-1-1 equipment. The City agrees to maintain power supply and temperature control until Denco makes the change. City agrees to and accepts full responsibility for the acts, negligence and/or omissions of all City's officers, employees and agents. IH. Denco agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Denco's officers, employees and agents. IV. This Agreement represents the entire and integrated agreement between Denco and City and supercedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instmment signed by both parties. The laws of the State of Texas hereto, shall govern this Agreement and any of its terms or provisions, as well as the rights and duties of the parties. VI. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. VII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extended said authority have been duly passed and are now in full fome and effect. VIII. /'2 The effective date of this Agreement shall be the c~ day of Denco Area 9-1-1 District: City: ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Acting on behalf of and by the authority Of the City of Denton, Texas. By authority of Council action dated: EXHIBIT A MANUAL ALI QUERY DESCRIPTION: Manual Ali Query is a service that allows a telephone number to be manually input at an E9-1-1 answering position and cause the retrieval and display of the Automatic Location Identification Record of the number for the E9-1-1 database. GUIDELINES: Manual ALI Query May Be Provisioned Under The Conditions · The 9-1-1 customers must apply for the feature in writing. The application shall include acknowledgement by the 9-1-1 customer and the PSAP(s) of these guidelines and tariff provisions related to ALI access. · The PSAP must be equipped with CPE that is compatible with the FT/ALI host computer using the existing protocol for identifying manual queries. · Any information obtained f~om the Eg-l-1 ALI database in connection with an emergency call shall be used solely for the purpose of handling and responding to emergency calls in a manner consistent with the nature of the emergency. · Any permanent record associating a subscriber's telephone number with his name or address shall be secured by the PSAP and disposed of in a manner that will retain that security. · Use of this feature and the information obtained is restricted to circumstances where quick response to an in-progress emergency would be aided by having the ALI data for a telephone number associated with the emergency situation. EXHIBIT B SAMPLE APPLICATION LETTER - FOR NON-SWBT PROVIDED CPE AT PSAP Dear SWBT: This 1,e, tter is to reques~ Southwestem~BeJ1 Telephone Company to, cna)lie t.he~"Manual ALI Query featureat /_.~y%,4/' /~/c~__/-)~/~ff~:2Z,,C~r.~'-/-/~;~g~ · The9-1-1 premise equipment provided by ~',-~e:c~ /,*~',~ q//~/$y/~a~thisPSAP has been co~ed to allow m~ufl queries, ~d is compatible wi~ the m~ufl ~I que~ protocol of the S~T FT/~I system. It is ~her ac~owledged that a test of the compatibiliW with the FT/~I protocol shall be perfomed wi~ the p~icipation.of S~T perso~el in conj~ction wi~ ~e activation of tbs feaze, ~d that S~T shall have ongo~g access to ~e PS~ for testing when requked to resolve mainten~ce issues. T~s PS~ needs to be able to queu ~I records with the commW of~ ~X~ , defined in yo~ 9-1-1 database as ESN(s) ~ ~ ¢~_~ ~d ¢/~i ff~tr~ ~d the CiW/Co~W of Denton operator/user of the PS~, hl]3' ~derst~ ~d a~ee to comply with the te~s ~d con~fions cont~ned in Sou~westem Bell's E9-1-1 se~ice t~ff (Sec. 34, Gen. Exch. T~fO md the conditions specified ~ Sou~westem Bell's le~er to ACSEC dated November 28, 1995 ~der w~eh t~s feaze may be provisioned. Acknowledgment signatures by authorized representatives of contracting 9-I-1 agency and PSAP: Name Title Agency Date Title Agency Date