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HomeMy WebLinkAboutRES 11-311 RESOLUTION NO. 11-311 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to enter into a one (1) year Interlocal Agreement with South East Texas Regional Planning Commission for use of the Black Board Connect 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 1st day of November, 2011. &+AA'yor' Becky Ames - Emergency Notification System Interlocal 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, SETRPC has contracted with Black Board Connect to provide Emergency Notification Services on behalf of the City of Beaumont, 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; 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 and Black Board Connect understand 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 EXHIBIT"A" 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 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 and/or Black Board Connect does not maintain the confidentiality of the information or for misuse of the emergency alerting system. SETRPC and Black Board Connect agree that all information shall be confidential between Black Board Connect and the City of Beaumont and will not be shared with other jurisdictions or SETRPC. 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. Charges for the activation and features specified in the Black Board Connect contract shall be the responsibility of the SETRPC Homeland Security and Emergency Management Planning Division (HSEMPD)for a period not to exceed twelve months from the initiation date reflected in the contract between SETRPC HSEMPD and Black Board Connect. SETRPC HSEMPD will not be responsible for any costs other than the activation fee for the initial twelve month period reflected in the contract between SETRPC HSEMPD and Black Board Connect. SETRPC HSEMPD does not make any promise,guarantee or other obligation for continued activation of the Black Board Connect system beyond the initial twelve month period. Continued activation of the emergency alerting system will be the sole responsibility of Beaumont after the expiration of the initial twelve 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 Caryn Pinot, Contract Specialist Date Black Board Connect