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HomeMy WebLinkAboutResolution No. 2010-075CITY OF THE COLONY, TEXAS RESOLUTION NO. 2010- C)-7- A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY AND THE UNIVERSITY OF TEXAS AT AUSTIN FOR THE PROVISION OF ACCESS TO THE TEXAS HIGHER EDUCATION NETWORK ("THEnet") AS PROVIDED IN ATTACHMENT "A", WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Manager of the City of The Colony, Texas, is hereby authorized and empowered to execute an Interlocal Cooperation Agreement with the University of Texas at Austin for the provision of access to the Texas Higher Education Network ("THEnet") as defined in the Agreement, which is attached hereto and incorporated herein by reference as Attachment "A". Section 2. That a true and correct copy of the Interlocal Cooperation Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 17th day of August, 2010. 1-),4 ATTEST: a Christie Wilson, TRMC, City Secretary APPROVED AS TO ]FORM: Jeff Moore, City Attorney L- a, , /Ca 0- INTERLOCAL COOPERATION CONTRACT This Interlocal Cooperation Contract ("Contract") is entered into by and between the Contracting Parties shown below pursuant to the authority granted and in compliance with Chapter 791, Texas Government Code. 1. Contracting Parties: The Receiving Party: The Colony Public Library, a local library of the State of Texas 6800 Main Street The Colony, TX 75056-11 33 ATTN: Joan Sveinsson The Performing Party: The University of Texas at Austin, an institution of higher education and agency of the State of Texas ITS, Office of Telecommunication Services CUT OTS") P.O. Box 7580, Mail Code C3800 Austin, TX 7871 3-7580 ATTN: Joan Royer II. Statement of Services to be Performed: Subject to Receiving Party's compliance with the Texas Higher Education Network ("THEnet") Use Policy (Appendix A attached and incorporated by reference), Performing Party shall provide Receiving Party with access to national networks, including the commodity Internet and/or the Internet2 and National Lambda Rail networks (the "services"), and includes a port charge which is necessary to connect to the network. Such access is accomplished via Receiving Party's connection to the THEnet backbone. The THEnet backbone interconnects all THEnet subscriber institutions, including Receiving Party, and acts as a conduit to the national networks. III. Basis for Calculating Reimbursable Costs: Service # of Units Charge Amount # of Months and Total For (Mbps) (if per T1 per Dates Contract applicable) Circuit Month Internet Service 12 Months via 1 T1 Circuit N/A $275.00 $275.00 9/1/2010 - 8/31/2011 $3,300.00 Total Amt. of Contract $275.00 $3,300.00 IV. Contract Amount: The total amount of this Contract shall not exceed $3,300.00 (Three Thousand Three Hundred Dollars and Zero Cents). V. Payment for Services: Performing Party will invoice Receiving Party for services on a monthly basis. Page 1 of 3 Receiving Party will remit payment to Performing Party for services satisfactorily performed under this Contract within thirty (30) days from receipt of invoice. Receiving Party shall pay for services received from appropriation items or accounts of the Receiving Party from which like expenditures would normally be paid, based upon vouchers or authorized Purchase Orders drawn by the Receiving Party payable to the Performing Party. Payments received by the Performing Party shall be credited to its current appropriation item(s) or account(s) from which the expenditures of that character were originally made. VI. Term of the Contract: This Contract is effective as of the later of September 1, 2010 or the date fully executed by both parties ("Effective Date") and shall terminate on August 31, 2011. VII. Termination: Either party may terminate this Contract upon sixty (60) days' advance written notice of termination to the other Party. UT OTS may terminate this Contract upon seven (7) days' advance written notice of termination to the Receiving Party for 1) non-payment of invoices which are ninety (90) days past due; or 2) violation of the THEnet Use Policy. Vlll. Certifications: The undersigned Contracting Parties do hereby certify that each is authorized to perform the services required by this Contract and that such services further a governmental function of Receiving Party. Duly authorized representatives of the Contracting Parties have executed and delivered this Contract to be effective as of the Effective Date. Receiving Party The Colony Public Library BV- Name:" r c Z~✓_ Title: e~ y^e.;ut Date: Performing Party The University of Texas at Austin By- - L. Wayne Wedemeyer Director of OTS Date: J . Pn 45-~ Page 2 of 3 Appendix A: THEnet Use Policy at The University of Texas at Austin Network Abuse Office of Telecommunication Services ("OTS") takes a direct and immediate interest in protecting the operational integrity of the network from any activity at a THEnet subscriber site which causes disruption of communications services on THEnet or elsewhere on the Internet. In order to protect the network from any such occurrence, THEnet subscriber organizations must be able to physically locate any given computer based on the IP address assigned to it and, upon request, remove that computer from the network or revoke the computer user's access to that and other computers, as appropriate. In any case where on-going disruption of communications services on THEnet or elsewhere on the Internet is traceable to a particular THEnet subscriber organization and such activity cannot be controlled by that subscriber, then the subscriber's THEnet connection may be shut down until the disruptive activity has ceased. IP Spoofed Address Denial of Service (DoS) Attacks OTS requires that THEnet subscribers configure their router(s) in such a way as to prevent their site's participation in so-called 'smurf and other IP spoofed address attacks on other Internet sites. The intended result of this policy is 1) to prevent a smurf attack or other IP spoofed address attack from originating at a THEnet subscriber site, and 2) to prevent the use of a THEnet subscriber as an intermediary 'amplifier' site. Please see "Preventing IP Spoofed Address Denial of Service (DoS) Attacks" document at http://wtvw.the.net/tools/docs/dosattacks.php for an example of how to configure your router against DoS attacks. Spam Transmission of unsolicited bulk email ("Spam") by a THEnet subscriber is strictly prohibited, including the maintenance by a THEnet subscriber of 'open relay' systems permitting such transmission by third parties. Additionally, a THEnet subscriber may not host a network service (web-based or other) that is advertised in unsolicited bulk email, even though such email originates in other networks. Repeated infractions of this Spam policy will be considered grounds for termination of THEnet service. Resale of THEnet Connectivity The resale of THEnet/Internet access by any THEnet subscriber is prohibited. Page 3 of 3