R2019-239 2019-09-16_Emergency Communications RESOLUTION NO. R2019-239
A Resolution of the City Council of the City Of Pearland, Texas, authorizing
participation in an Interlocal Agreement with the City of Manvel for the
implementation and operation of an Information and Dispatch System for law
enforcement and emergency communications.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement between the City of Pearland and the City
of Manvel for the implementation and operation of an Information and Dispatch System for law
enforcement and emergency communications, attached hereto as Exhibit"A," is hereby approved.
Section 2. That the City Manager or his designee is hereby authorized to execute an
Interlocal Agreement for the implementation and operation of an Information and Dispatch System
for law enforcement and emergency communications.
PASSED, APPROVED and ADOPTED this the 16th day of September, A.D., 2019.
• TOM REID
• - MAYOR
ATTEST: ''''is••••I‘0%‘`
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
INTERLOCAL AGREEMENT FOR IMPLEMENTATION AND OPERATION OF
INFORMATION AND DISPATCH SYSTEM
THIS AGREEMENT made between the City of Pearland, Texas, a Texas home-rule
municipal corporation ("Pearland") and the City of Manvel, Texas, a Texas home-rule municipal
corporation ("Manvel"), collectively referred to herein as the "parties" shall be effective upon the last
date of execution.
WHEREAS, the City of Manvel desires to make efficient use of its respective powers,
resources, authority and capabilities by enabling it to cooperate on the basis of mutual advantage
and thereby provide the facilities and efforts identified herein in a manner that will best utilize
existing resources; and
WHEREAS, it is the purpose of the agreement to provide a means by which the parties may
exercise their respective powers, privileges and authority which they may have separately, but
which pursuant to this Agreement may exercise collectively; and
WHEREAS, the parties desire to establish and provide a computer-aided dispatch, records
management and mobile computer system, serving law enforcement and emergency
communications for each of the agencies parties, hereinafter referred to as the Information and
Dispatch ("ID") System.
WHEREAS, the parties have determined a consolidated system will better utilize existing
municipal personnel and capital resources, increase the efficiency and effectiveness of public
safety emergency responses, enhance public safety operations by standardizing equipment and
records management systems, and will provide for shared costs of communications technology;
and
WHEREAS, the parties have agreed they should participate in the management and
ownership of the ID System in return for providing a proportionate share of the funding for recurring
operation, maintenance and future expansion of the ID System; and
WHEREAS, the parties desire to enter into this Agreement to establish basic parameters for
the implementation, operation, maintenance and future expansion of the ID System; and
WHEREAS, entering into this Agreement is in the best interest of the citizens of the Parties;
and
NOW, THEREFORE, in consideration of the premises, mutual covenants, provisions and
representations contained herein, constituting good and valuable consideration, and pursuant to
Texas Government Code 791 ("Interlocal Cooperation Act"), the parties hereto agree as follows:
I. PURPOSE:
The purpose of this Interlocal Agreement is to establish a computer-aided dispatch, records
management and mobile computer system, herein referred to as the ID System, serving law
enforcement and emergency communications for the parties. The parties agree that the services
contemplated by this Agreement are a proper administrative function as defined in Section
791.003(3) of the Interlocal Act and that Pearland and Manvel are each local governments, as
defined in Section 791.003(4) of the Interlocal Act.
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II. DURATION:
This Agreement shall remain in effect for one (1) year, commencing on the last date of
execution of the Agreement by the parties, and thereafter will automatically renew for successive
one year terms. However, nothing herein shall affect the right of a party to withdraw from this
Agreement, as provided for in Section VII below.
III. ORGANIZATION:
Day to day operations of the ID System will remain the responsibility of individually
appointed "Systems Administrators" from each party to this Agreement. The Systems
Administrators for each party shall meet regularly in order to address any issues needing to be
addressed relating to the ID System.
IV. FINANCIAL ADMINISTRATION
Manvel hereby agrees to provide funding accordance with Schedule "A" attached hereto,
which shall be paid to Pearland within 30 days following the execution of this Agreement. Pearland
shall provide basic support for the ID System through its General Fund for ongoing costs including
support personnel, and other incidental operating expenses. In the event Pearland determines the
ID System infrastructure requires replacement or upgrades, the parties agree to use their best
effort to develop a prorata cost sharing agreement to equitably share the related expenses.
V. ADMITTING ADDITIONAL AGENCIES:
Additional agencies may be admitted to the ID System upon approval by Pearland. New
agencies shall be required to meet the same terms and shall have the same responsibilities as
existing parties. Pearland may require new agencies to pay a fee of $10,000.00 to join the ID
system. The fee will be deposited into an ID system reserve fund.
VI. EQUIPMENT AND LICENSES:
The ID System will use CentralSquare Technologies (formerly Superion, SunGard, OSSI)
Public Sector's software. Each party shall be responsible for purchasing the hardware, software
and licenses required to be used in their respective jurisdictions. Each party will be required to
maintain its own equipment and software and to pay an equitable share of the expense of
maintaining the server(s) as set out on Schedule "A" attached. Pearland will submit an invoice to
the City of Manvel to cover this cost October 1st of each year which will be paid by October 31st of
that same fiscal year. Each party will have control of all hardware and software within its respective
jurisdiction. The parties specify that each party paying for the performance of governmental
functions or services must will those payments from current revenues available to the paying party,
pursuant to Tex. Gov't Code Sec. 791.011(d).
VII. WITHDRAWAL BY A PARTY:
Manvel shall have the right to withdraw from the ID System at any time upon giving ninety
(90) days advance written notice to Pearland. Manvel shall have 12 months to copy its data, but
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not to delete, information and/or data residing on the ID System Server that was contributed by
Manvel. Withdrawal shall be done at the sole expense of Manvel who shall not be entitled to
recover any portion of their contribution to the ID system reserve fund maintained by Pearland.
Pearland, in its sole discretion, may terminate this Agreement for cause by providing
Manvel not less than one-hundred eighty (180) days written notice ("Notice Period"). Manvel may,
during the Notice Period, provide Pearland with reasons why termination for cause is not justified.
Should the Pearland proceed with the termination at the end of the Notice Period, Manvel shall be
considered "withdrawn" from the ID System ninety (90) days from the date of termination.
VIII. COMPLIANCE WITH THE PUBLIC INFORMATION ACT:
Each party shall control the release of any information produced or belonging to that party
which resides anywhere on the system, including, but not limited to, the server. Manvel will be
required to sign a Data Access Agreement between Pearland and CentralSquare Technologies
Public Sector.
IX. OPERATING RULES AND PROCEDURES:
To ensure consistency, each party agrees to follow the pattern, protocols and procedures
established by the ID System. Within this basic framework, the System Administrators shall, from
time to time, adopt and implement such rules and procedures as it deems prudent for the further
improvement and refinement of the system. The intention of this provision is to assure that the
basic structure and work-flow of the system is preserved, while at the same time allowing the
System Administrators to adopt necessary changes to enhance the system.
X. AUTONOMY OF PARTIES:
Each party shall have the right to customize its individual system in any way it chooses,
provided such customization does not impair the operation of the total system. Such customization
shall be the sole expense and responsibility of the agency which chooses the particular
customization. The Pearland System Administrator shall have the authority to decide whether or
not any action taken by Manvel is an impairment to the system and may direct Manvel to follow the
directive of the Pearland System Administrator.
XI. GOVERNING LAW
This agreement shall be governed by the laws of the State of Texas and shall be
enforceable in any court of competent jurisdiction in Texas. Venue shall lie in Brazoria County,
Texas.
XII. SEVERABILITY:
In the event one or more provisions of this agreement shall be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other
provisions, and the other provisions shall remain in full force and effect.
XIII. MISCELLANEOUS
1. This Agreement shall not be assigned by either party.
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2. This Agreement is entered into for the sole benefit of the Parties signing this Agreement,
and neither this Agreement not any provision hereof shall be construed or interpreted to provide
any benefits to a third-party.
3. This Agreement embodies the whole agreement of the parties and supersedes all previous
communications, representations or agreements between the parties with respect to the matters
contained herein.
4. Notwithstanding anything in this Agreement which may be construed to the contrary, this
Agreement shall not operate as a merger, consolidation or annexation of one political subdivision
by another.
5. It is not the intention of the Parties hereto to create a partnership or association. The duties
and liabilities of the parties are intended to be separate and not joint or collective. Nothing
contained in this Agreement and in any agreement made pursuant hereto shall ever be construed
to create a partnership or association or impose a partnership duty, obligation or liability with
respect to any one or more of the parties hereto.
6. All notices hereunder shall be in writing and delivered or sent Certified Mail, Return Receipt
Requested to the Parties at their respective addresses below. Either party upon thirty (30) days
written notice may change the designated address for notice hereunder.
Signed and sealed by the following units of government on the dates set out below:
City of Manvel City of Pearland
Signature: / =� 4 Signature fib,
X/(e 37u&c , City Mana• r Clay Pearson, City ' anager
Date: Date: 1-1-7—(1
/z7-r 2o� 9
City Manager r City Manager
City of Manvel City of Pearland
20025 Morris Avenue 3519 Liberty Drive
Manvel, TX 77578 Pearland, TX 77581
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OSSI Interlocal Agreement Schedule A
Storage Capacity for Servers (Initial Cost) $10,000
Annual Reocurring System Maintenance Cost $10,000
Total $20,000
DowSign Envelope ID:F2F1A942-8608-414D-133A5-1F82F7BC3E4E
SUPERION AGREEMENTTO_OIjANT PERMISSION TO ALLOW ACCESS TO SOFTWARE
among
City of Pearland PD
2555 Cullen Parkway.
Pearland, 7X 77581
City of Manvel PD
6615 Masters
Manvel,TX 77578
and
Superion,LLC
1000 Business Center Drive
Lake Mary, FL 32746
Whereas,City of Pearland PD,TX("Customer")and Superion, LLC("Superion")have entered into
that certain Software License and Services Agreement dated February 22, 1994("Customer Agreement");
and
Whereas, Customer desires that the following public safety agency(the"Accessing Agency")obtain
access to the Software licensed by Customer under the Customer Agreement;
City of Manvel PD
Now therefore,the parties agree as follows:
'1. Customer requests that Superion grant, and Superion does grant Customer permission to allow
access to Accessed Software by the Accessing Agency under the terms of this Access Agreement("Access
Agreement").The Accessed Software is as follows:
All Software licensed to Customer
2. Superion shall have the right to terminate this Access Agreement upon breach of this Access
Agreement if cure is not effected within thirty(30)days of written notice of said breach.
3. This Access Agreement shall automatically terminate if the Customer Agreement is terminated. In
the event that this Access Agreement should be terminated, Superion shall be under no obligation to the
Accessing Agency to permit continued access to Accessed Software after such termination of this Access
Agreement, but shall agree to license Accessed Software under separate license agreement with the
Accessing Agency in such event, provided the Accessing Agency is not in default of any of the provisions
of this Access Agreement nor any related Supplements, and provided the Accessing Agency provide a
replacement technical environment satisfactory toSuperion.
4. Customer understands that Accessing Agency will not be granted access to the Accessed Software
unless and until the Accessing Agency executes an Access Agreement and agrees that the Accessed
DocuSign Envelope ID:F2F1A942-860B-414D-B3A5-1F82F7BC3E4E
Software constitutes proprietary information and trade secrets of Superion and will remain the sole property
of Superion The Accessing Agency shall not at any time sell, assign, transfer or otherwise make available
to,or allow use by, a third party any of components of Accessed Software,and the Accessing Agency shall
hold in confidence the Superion proprietary information for Its benefit and internal use only by its employees.
The Accessing Agency will further acknowledge that, in the event of a breach or threatened breach of the
provisions of this paragraph, Superion has no adequate remedy in money damages,and,accordingly,shall
be entitled,without bond,to an injunction against such breach or threatened breach.
5. Customer shall be the first point of contact for the Accessing Agency for Accessed Software in the
event that support services are required by the Accessing Agency. Should Customer not be able to solve
the Support Service issue,Customer shall contact or coordinate contact with Superion for support services.
By the signatures of their duly authorized representatives below,Superion and Customer,
intending to be legally bound,agree to all of the provisions of this Access Agreement.
City of Pearland PD,TX Superion,LLC
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BY: / BY: tea,1rn)Eroeao4Fb
PRINT NAME: • C4 PC('7 PRINT NAME
AND TITLE: Lisa Neumann,Controller
PRINTTITLE: (ii A-45
DATE SIGNED: 9_4 — ( DATE SIGNED: June 26,2019
City of Manvel PD,TX
BY: `Nik-g.0
PRINT NAME: / C 11 L- . 7 el-A
PRINTTITLE: dr.'•-S f f�e
DATE SIGNED: �-1 71