HomeMy WebLinkAboutRES 12-247 RESOLUTION NO. 12-247
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to enter into a two (2) year Interlocal
Agreement with South East Texas Regional Planning Commission for use of an emergency
notification system. The Interlocal Agreement is substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
October, 2012.
c3 ayor Becky Ames -
Emergency Notification System Interloca)Agreement
This Agreement is entered into between the South East Texas Regional Planning Commission
(SETRPC)and the City of Beaumont(referred to herein as Beaumont).
WHEREAS, Beaumont has joined into a regional project establishing an emergency alerting
system, and;
WHEREAS, the purpose of this system is to alert large numbers of citizens within a specific
geographic area of important information for public safety purposes, and;
WHEREAS, in the event of a large scale emergency or incident,the alerting system would benefit
the citizens of Beaumont by providing critical information in a timely fashion, and;
WHEREAS, Beaumont has agreed to act as the single point of contact with Intrado for access to
the 9-1-1 Data Base for emergency alerting purposes, and;
WHEREAS,the South East Texas Regional Planning Commission 9-1-1 Emergency Network agrees
to this arrangement regarding the use of the 9-1-1 Data Base for this purpose and will only be used in
accordance with the Texas Administrative Code(TAC) Chapter 251 Rule 251.13;
NOW,THEREFORE,BE IT HEREBY RESOLVED:
That Beaumont and SETRPC hereby agree to the following terms of use of the 9-1-1 Data Base.
Beaumont will utilize the 9-1-1 Data Base only for the purpose of emergency notification service in the
above jurisdiction. Beaumont understands that the data contained in the 9-1-1 Data Base is to be used
for the purpose of warning or alerting citizens to an emergency situation as defined by the Federal
Communications Commission (FCC)as a `situation posing an extraordinary threat to the safety of life and
property"and that this data is to be maintained as confidential and not subject to public inspection in
accordance with Texas Health and Safety Code,Section 771.062(a). In general,factors to be considered
in determining whether an emergency situation is warranted are:
1. Severity—will aid in reducing loss of life or reducing substantial loss of property
EXHIBIT "A"
2. Timing-requires immediate public knowledge to avoid adverse impacts
3. Other means of disseminating information are inadequate to ensure rapid delivery.
In order to maintain the confidential nature of the 9-1-1 data base information and the rights
and privacy of citizens with unlisted and unpublished numbers, Beaumont will be responsible for and
agrees to create two separate account log-ins for the alerting system. One log-in will allow Beaumont to
use commercially available information for non-emergency messages. Beaumont will determine who
shall have access and under what conditions to this non-emergency messaging capability. Another,
greatly restricted access log-in will be created by Beaumont for the purpose of solely disseminating
emergency alert messages as defined above and utilizing the 9-1-1 database information. The
Emergency Management Coordinator for Beaumont and/or his designee will be the only persons
allowed access to the restricted emergency alert messaging log-in.
Due to the confidential nature of the 9-1-1 data base information and privacy of citizens with
unlisted and unpublished numbers,SETRPC retains the right to withdraw their assistance if Beaumont
does not maintain the confidentiality of the information or for misuse of the emergency alerting system.
All City of Beaumont information will be held confidential and will not be shared with other jurisdictions.
SETRPC will not have access to this confidential information.
The SETRPC 9-1-1 Network will not be liable for any costs associated with the emergency alerting
system including costs associated with the extract of data from the 9-1-1 data base. Associated costs
will be covered by grant funds or the respective jurisdiction if such grant funds cannot be secured.
SETRPC HSEMPD does not make any promise,guarantee or other obligation for continued
activation of the Black Board Connect system beyond the twenty-four month period. Continued
activation of the emergency alerting system will be contingent upon Beaumont's participating in the
pro-rata portion of the cost share not to exceed 25%of the total grant award for each respective year.
Failure to participate in the cost share will necessitate termination of services. Continued activation of
the emergency alerting system is the sole responsibility of Beaumont after the expiration of the twenty-
four month period unless additional funding is acquired for the regional project.
This Agreement supersedes any and all other agreements, either oral or in writing between the
parties hereto with respect to the subject matter hereof,and no other agreement,statement or
promises relating to the subject matter of this Agreement which is not contained herein shall be valid or
binding.
IN WITNESS THEREOF,the parties hereto have caused this Agreement to be executed as of the
last date signed below.
Shaun P. Davis, Executive Director Date
South East Texas Regional Planning Commission
Kyle Hayes, City Manager Date
City of Beaumont