HomeMy WebLinkAboutResolution No. 08-071
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 08-071
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND
DENCO AREA 9-1-1 DISTRICT ESTABLISHING THE COLONY
POLICE DEPARTMENT AS A PRIMARY PUBLIC SAFETY
ANSWERING POINT (PSAP); THAT THIS AGREEMENT SUPERCEDES
THE EXISTING AGREEMENT AND ALLOWS FOR THE
INSTALLATION AND MAINTENANCE OF EQUIPMENT AS
DESCRIBED IN THE AGREEMENT, WHICH IS ATTACHED HERETO
AND INCORPORATED HEREIN AS EXHIBIT "A"; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT
WHEREAS, the parties hereto are political subdivisions of the State of Texas and
provide emergency services for the benefit of the citizens within its jurisdiction; and
WHEREAS, Chapter 791 of the Texas Government Code lnterlocal Governmental
Cooperation Act provides for contractual agreements between governmental entities; and
WHEREAS, the City and Denco Area 9-1-1 District desire to enter into an Interlocal
Agreement to Serve as a Denco Area 9-1-1 District primary Public Safety Answering Point; and
WHEREAS, the City Council has determined that it would be in the best interest of
public health, safety and welfare to enter into the Agreement with Denco Area 9-1-1 District for
the purpose of establishing The Colony Police Department as a primary Public Safety Answering
Point (PSAP), in accordance with the procedures adopted in the Agreement, which is attached
hereto at Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Manager is hereby authorized to execute an Interlocal
Agreement with Denco Area 9-1-1 District establishing The Colony Police Department as the
primary Public Safety Answering Point (PSAP), in accordance with the procedures adopted in
the Agreement, which is attached hereto and incorporated herein as Exhibit "A".
Section 2.
passage.
That this resolution shall take effect immediately from and after its
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
4th day of AUl!:ust. 2008.
ATTEST:
u ~
Ch' e llson, TRMC, City Secretary
1
APprrD tTr~RM:
IS'~O-'" "
_I t" ,1../ ;;;. .....:>"
'" '\ ......... .(. ~
0:.... .....c,~\
'! .... ...~)
J'./'!:. '.0
'i ,". (', Co · '. . -'9 J
8 f-- : -', ~- /\1,' _~ : &:;.. .
~3 . 4...,c_",'" .-<.
I'~" '" "......: .
\~\ .... ......'
\ .'
THE STATE OF TEXAS )
)
COUNTY OF DENTON )
AGREEMENT TO SERVE AS A
DENCO AREA 9-1-1 DISTRICT
PUBLIC SAFETY ANSWERING POINT
This Interlocal Agreement (the "Agreement") is entered into by and between the City of
The Colony ("the City") and the Denco Area 9-1-1 District ("Denco"), both entities being
located in Denton County, Texas, and hereinafter referred to collectively as the "P81ties." The
Parties execute this Agreement as hereinafter provided, pursuant to the Texas Government Code,
Chapter 791, known as the Interlocal Cooperation Act, and the Health and Safety Code, Section
774.003:
WHEREAS, Denco 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 home-rule municipality engaged in providing ambulance and
emergency service and related s'ervices for the benefit of the citizens within its jurisdiction; and
WHEREAS, Denco and the City desire to establish The Colony Police Department as the
primary Public Safety Answering Point ("The Colony PSAP"), and as more particularly
described in Exhibit "A" attached to and made a pmt of this Agreement, within the Denco
Enhanced 9-1-1 System; and
WHEREAS, in general, The Colony PSAP will receive 9-1-1 calls that originate from
areas within and from areas outside of its corporate boundaries. In any instance, without regard
to the point origination of the 9-1-1 call, The Colony 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, both Parties are authorized to perform the services contemplated herein as a
governmental function.
NOW, THEREFORE, Denco and the City for the mutual consideration hereinafter stated,
agree as follows:
I, Term, The Term shall commence as of the date the last Party executes this Agreement.
The Agreement shall be for a term of one (1) year and shall automatically renew for
successive one year terms unless otherwise terminated as specified herein.
2. Ownership. The City agrees that the 9-1-1 equipment installed or placed at The Colony
PSAP remains the property of Denco.
3. Damages to Equipment. Denco shall be responsible for any damage to the equipment
that Denco or its authorized agents, who have been approved in writing by the City, have
installed or placed at The Colony PSAP, including normal wear and tear usage and/or
loss, unless such damage is caused by an act or omission of the City.
4. Operation. Maintenance and Modification of System and Equipment. Denco agrees to
install, operate, maintain and manage the database, network and equipment management
for the 9-1-1 system hardware, software and microwave systems equipment installed at
The Colony PSAP. The City agrees that Denco staff or its authorized agents, who have
been approved in writing by the City, shall be the only personnel authorized to maintain,
modify, move or change the configuration of the 9-1-1 equipment installed at The Colony
PSAP without written permission from Denco. This shall include the installation and
maintenance of all hardware, software, and microwave systems equipment other than that
approved in writing by Denco
5. Access. The City agrees to provide immediate, unrestricted access to Denco staff, or its
authorized agents, who have been approved in wdting by the City, to the 9-1-1
equipment, the microwave systems equipment, and the 9-1-1 telephone demarcation
point. Denco agrees to provide timely prior notice to the City for need of access to said
equipment. It is understood that in the case of an emergency, such prior notice may not
be possible.
6. PSAP Operations. The City agrees to provide PSAP operations on a twenty-four hour a
day basis and to staff The Colony PSAP with trained Telecommunicator(s) whose
training meets the standards set by the City, Denco and the State of Texas.
7. Traininc. Denco agrees to provide training for 9-1-1 telecommunicators, not to include
payment for the telecommunicators' time, benefits, and travel. The City agrees to
participate in all equipment-training classes required by Denco. The salary of any
personnel attending training shall be the responsibility of the City.
8. Accommodations for Equipment. 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
and microwave systems equipment
9, Alternate Power Source. The City agrees to provide an alternate power source
(generator) for the 9-1-1 equipment and microwave systems equipment, to test this
alternate source under load on a monthly basis, and to maintain such equipment in good
working order.
10. Alternate Telephone System. Denco agrees to provide at The Colony PSAP an alternate
telephone system, with sufficient telephone numbers and instruments as agreed to by 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 telephone system on a regular basis.
11. System Problems. Denco agrees to provide PSAP management with procedures for
reporting problems with the 9-1-1 system, including means for escalation.
12. Errors. The City agrees to report all 9-1-1 database and routing errors as they occur
through the electronic means provided by Denco. Denco shall be responsible for the
resolution of all 9-1-1 system errors.
2
13. The Colony PSAP Relocation, The City agrees that the 9-1-1 equipment, including, but
not limited to, 9-1-1 equipment or any other Denco-owned equipment and the microwave
systems equipment that is installed or placed at the PSAP location, shall not be removed,
moved, or modified from 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 pdor 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 and the microwave
systems equipment. The City agrees to maintain power supply and temperature control
until Denco makes the change. If the equipment is not moved or relocated within said
time frame, the City may move or relocate the equipment, or cause such work to be done,
at Denco' s expense. The costs, charges, and expenses incurred in moving or relocating
the equipment, or having such work done, shall be a charge to Denco. Denco shall pay
for such costs, charges, and expenses within thirty (30) days after the City submits a bill
to Denco. The City shall not be responsible for any damage to the equipment which
results from moving or relocating the equipment, or causing such work to be done.
14. Manual ALl Query. The City agrees to comply with the attached guidelines, marked as
Exhibit "B" and incorporated in this agreement for all purposes, for use of manual
Automated Location Identification ("ALl") Query and agrees to execute the attached
letter, marked as Exhibit "e" attached hereto requesting the service from the 9-1-1
database provider.
15. Confidentiality. The City and Denco agree that certain information provided through the
9-1-1 system is confidential and agrees not to disclose such information to the extent
allowed by state law.
16. Termination. In the event that either Party desires to terminate this Agreement, the
desiring Party shall give written notice thereof to the other Party one hundred and eighty
(180) days prior to the expiration of the then in effect one year term. Upon termination,
Denco shall promptly remove all equipment installed or placed at The Colony PSAP and
shall repair any damage cause by such removal. Denco will have one hundred and eighty
(180) days to remove the equipment. If the equipment is not removed within said time
frame, the City may remove the equipment, or cause such work to be done, at Denco's
expense. The costs, charges, and expenses incurred in removing the equipment, or
having such work done, shall be a charge to Denco. Denco shall pay for such costs,
charges, and expenses within thirty (30) days after the City submits a bill to Denco. The
City shall not be responsible for any damage to the equipment which results from
removing the equipment, or causing such work to be done.
17. Governmental Immunity and Responsibility. The Parties acceptance of certain
responsibilities relating to the rendering of public safety services under this Agreement as
a part of their responsibility for providing protection for the public health makes it
imperative that the performance of these vital services be recognized as a governmental
function and that the doctrine of governmental immunity shall be, and is hereby, invoked
to the extent possible under the law. Neither of the Parties waives nor shall be deemed
hereby to waive any immunity or defense that would otherwise be available to it against
3
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, agents and
volunteers engaged in the performance of this Agreement. Each Party shall also be
responsible for any property damage or bodily injury caused by their equipment located
at The Colony PSAP and for any property damage or bodily injury caused by any act or
omission by their officers, employees, agents and volunteers. 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 Colony PSAP,
18. Notices. Except as may be otherwise specifically provided, all notices required or
permitted under this Agreement shall be in writing and shall be deemed delivered when
deposited in the United States mail, postage prepaid, registered or 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.
The City:
Dale Cheatham
City Manager
City of The Colony
6800 Main Street
The Colony, Texas 75056
Denco:
Mike Pedigo
Denco Area 911 District
P.O. Box 293058
Lewisville, Texas 75029-3058
19. Venue and Governing Law. The Parties agree that if legal action is brought under this
Agreement, exclusive venue shall lie in the Courts of Denton County, Texas, and its
terms or provisions, as well as the lights and duties of the Parties hereunder, shall be
governed by the laws of the State of Texas,
20. Severability. In case anyone 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.
21. Amendments. This Agreement may be amended or modified only by the mutual
agreement of the Parties. Such amendment or modification must be in writing and
executed by an authorized representative of each Party,
4
22, Counterparts. This Agreement may be executed in multiple counterpm.ts 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.
23. Entire Agreement and Prior Agreements Superseded. This Agreement represents the
entire and integrated agreement between Denco and the City and supersedes any prior
understandings, negotiations, representations, or wdtten or oral agreements between the
parties respecting this subject matter. More specifically, this Agreement hereby
supersedes the agreement entered into by Denco and the City on June 24,2002, in which
the City agreed to serve as a Denco PSAP.
24. Bindin~ Nature, This Agreement shall be binding on and inure to the benefit of the
Parties and their respective heirs, executors, administrators, legal representatives,
successors, and assigns as permitted by this Agreement.
25. Other Instruments. The parties agree that they will execute any other instruments and
documents that may become necessary or convenient to effectuate and carry out the
Project contemplated by this Agreement.
26. No Oral Commitments. This Agreement contains all commitments, agreements,
warranties and representations of the Parties. Any oral or written commitments,
agreements, warranties or representations not contained herein shall have no force or
effect to alter any term or condition of this Agreement.
27. Gender. Whenever the context shall require, all words in this Agreement in any gender
shall be deemed to include the masculine, feminine, or neuter gender, all singular words
shall include the plural, and all plural words shall include the singular.
28. Signatories. 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 force and
effect.
29. Payment for Performance of Governmental Functions. Each Party paying for the
performance of governmental functions or services must make those payments from
current revenues available to the paying Pmty.
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.
5
APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS:
BY:
~~~
Dale Cheatham, CITY MANAGER
DATE: G;~ 68
ATTEST:
CLL~ LJ~
Christie Wilson, CITY SECRETARY
APPROVED AS TO FORM:
'1
I
/ Ii 6/
t-- I .
I l V '- i
, / //'\...-
r/ &. lJ. " ( .;r-.,
Bob Hager, CITY ArrOmEY
APPROVED BY DENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS, DENTON
COUNTY, TEXAS:
BY:
)M-~-
Mike Pedigo, EXECUTIVE DIRECTOR
DATE:
Y!:l/o'l
ATTEST:
C~~
Carla Flowers, BUSINESS MANAGER
tJ~o '\ ~ \C\~~~OJ
6
EXHIBIT "A"
LOCATION OF THE COLONY PSAP
The Colony PSAP is located 5151 North Colony Blvd, The Colony. The equipment installed at
the PSAP includes, but is not limited to:
· 9-1-1 integrated (Telephone, IRR, and TTY) computers workstations and monitors.
· Network rack(s) and/or enclosures in equipment room.
· Server(s), network switch, routers, and a printer. Printer supplies are responsibility of
The Colony PSAP.
· Uninterruptible Power Supply (UPS) and related power distribution system,
· Microwave radios, digital cross-connects, channel banks, and associated peripherals.
· Microwave passive repeater mounted on the water tower located on North Colony Blvd.
7
EXHmIT ''B''
MANUAL ALl QUERY
DESCRIPTION:
Manual ALl 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 for the number for the E9-1-1 database.
GUIDELINES:
Manual ALl Query May Be Provisioned Under The Conditions
· The 911 customers must apply for the feature in writing. The application shall include
acknowledgment by the 911 customer and the PSAP(s) of these guidelines and tadff
provisions related to ALl 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 from the E9-1-1 ALl 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 ALl data for a telephone
number associated with the emergency situation.
8
EXHIBIT B,
SAMPLE APPLICATION LETTER. (for non-5WST -provided CPE at PSAP)
Dear SWBT:
This letter is to request Southwestern Bell Telephone Company to enable the "Manual All
Query" feature at
The Colony Police Decartment
The 9-1-1 premise equipment provided by DENCO 911 at this PSAP has been
configured to allow manual queries, and is compatible with the manual All query protocol of the
SWBT FT/ALI system. It is further acknowledged that a test of the compatibility with the FT/AU
protocol shall be performed with the participation of SWBT personnel in conjunction with the
activation of this feature, and that SWBT shalf have ongoing access to the PSAP for testing
when required to resolve maintenance issues,
This PSAP needs to be able to query All records within the community of
lhe Colonv.TX , defjne~ in your 9-1-1 database as ESN(s)
454
DENCO 911 and the City of The Colony operator/user
of the PSAP, fully understand and agree to comply with the terms and conditions contained in
Southwestern Bell's E9-1-1 service tariff (Sec. 34, Gen. Exch. Tariff) and the conditions specified
in Southwestern Bell's letter to ACSEC dated November 28, 1995 under which this feature may
be provisioned,
Acknowledgment signatures l'>Y authorized representatives of contracting 9-1-1 agency and
PSAP:
Chief of Police
Title
)ftj,JJLj --
Name
(3y~Lv i.-r iJ~-c,/v "-
litfe
The Colony Police Decartment
Agency
))-eJO-~//L C}/Jd~/
Agency
1t-)2-d~
pate
ci~
Date
2 J 2,Q ty-----
,
,