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HomeMy WebLinkAboutRES 17-121RESOLUTION NO. 17-121 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement between the City of Beaumont and South East Texas Regional Planning Commission (SETRPC) to participate in the regional Emergency Notification project utilizing Swift Reach 911. Said 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 20th day of June, 2017. 70 Emergency Notification System Interlocal Agreement This Agreement is entered into between the South East Texas Regional Planning Commission (SETRPC), and the City of Beaumont to participate in the regional Emergency Notification project utilizing Swift Reach 911. WHEREAS, The City of Beaumont has established an emergency alerting system, and; WHEREAS, SETRPC has contracted with Swift Reach 911 to provide cost effective Emergency 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 The City of Beaumont by providing critical information in a timely fashion, and; WHEREAS, The City of Beaumont has agreed to act as the single point of contact with West 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; That SETRPC and the City of Beaumont hereby agree to the following terms of use of the Swift Reach 911 Emergency Alerting System and the 9-1-1 Data Base. The City of Beaumont has unlimited use of Swift Reach 911 at no cost to the City of Beaumont during the contract year. Unlimited non- emergency messages may be sent using the non -9-1-1 data provided by Swift Reach 911. The City of Beaumont agrees to use the 9-1-1 West Intrado database only for the purpose of emergency Interlocal Agreement Between SETRPC and the City of Beaumont notification purposes. The City of Beaumont understands that the data contained in the 9-1-1 Database 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 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, The City of Beaumont will be responsible for and agrees to create two separate account log -ins for the alerting system. One log -in will allow the City of Beaumont to use commercially available information for non -emergency messages. The City of 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 the City of 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 the City of Beaumont and/or ,his deputy or 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 the City of Interlocal Agreement Between SETRPC and the City of Beaumont Beaumont does not maintain the confidentiality of the information or for misuse of the emergency alerting system. 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 for the unpublished West Intrado data will be covered by SETRPC Criminal Justice and Homeland Security Division through grant funds. Charges for the activation and features specified in the Swift Reach 911 contract shall be the responsibility of the SETRPC Criminal Justice and Homeland Security Division (CJHSD) for a period not to exceed twelve months from the initiation date reflected in the contract between SETRPC CJHSD and Swift Reach 911 beginning October 1, 2017 and ending September 30, 2018. The contract/service agreement between SETRPC and Swift Reach 911 may be renewed indefinitely and this Interlocal Agreement between the CitV of Beaumont and SETRPC shall remain in full effect for the duration of the contract/service agreement with Swift Reach 911 unless SETRPC or the City of Beaumont cancels this Interlocal Agreement in in writing. SETRPC CJHSD will not be responsible for any costs other than the activation fee for the initial twelve-month period reflected in the contract between SETRPC CJHSD and Swift Reach 911 and any subsequent contract renewals. SETRPC CJHSD does not make any promise, guarantee or other obligation for continued activation of the Swift Reach 911 system beyond the initial twelve-month period. Continued activation of the emergency alerting system will be the sole responsibility of the City of Beaumont after the expiration of the initial twelve-month period unless additional funding is acquired for the regional project. INDEMNIFICATION BY The City of Beaumont, Texas: The City of Beaumont agrees, only to the extent allowed by applicable law, to at all times indemnify, hold harmless. and defend the SETRPC Interlocal Agreement Between SETRPC and the City of Beaumont against any and all claims, causes of action, liabilities or losses, directly or indirectly arising as a result of the City of Beaumont's use of any Emergency Notification System services pursuant to the terms of this Agreement. Nothing herein will be deemed a waiver of governmental immunity other than per Texas Local Government code Chapter 271. Notwithstanding the foregoing, this in no way waives the City's immunity pursuant to Chapter 101 of the Local Government Code. 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, The City of Beaumont Date Interlocal Agreement Between SETRPC and the City of Beaumont Emergency Notification System Interlocal Agreement This Agreement is entered into between the South East Texas Regional Planning Commission (SETRPC), and the City of Beaumontto participate in the regional Emergency Notification project utilizingSwift Reach 911. WHEREAS,The City of Beaumonthas established an emergency alerting system, and; WHEREAS,SETRPC has contracted with Swift Reach 911 to provide cost effective Emergency Notification Services on behalf of participating local jurisdictions, 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 The City of Beaumontby providing critical information in a timely fashion, and; WHEREAS, The City of Beaumonthas agreed to act as the single point of contact with West 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 SETRPC and the City of Beaumonthereby agree to the following terms of use of the Swift Reach 911 Emergency Alerting System and the 9-1-1 Data Base. The City of Beaumont has unlimited use of Swift Reach 911 at no cost to the City of Beaumont during the contract year. Unlimited non - emergency messages may be sent using the non-9-1-1 data provided by Swift Reach 911, The City of Beaumont agrees to use the 9-1-1 West Intrado database only for the purpose of emergency Interlocal Agreement Between SETRPC and the City of Beaumont notification purposes. The City of Beaumontunderstands that the data contained in the 9-1-1 Database 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 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, The City of Beaumontwill be responsible for and agrees to create two separate account log -ins for the alerting system. One log -in will allow the City of Beaumontto use commercially available information for non -emergency messages. The City of 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 the City of Beaumontfor the purpose of solely disseminating emergency alert messages as defined above and utilizing the 9-1-1 database information. The Emergency Management Coordinator forthe City of Beaumontand/or hisdeputy or 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 the City of Interlocal Agreement Between SETRPC and the City of Beaumont Beaumontdoes not maintain the confidentiality of the information or for misuse of the emergency alerting system. The SETRPC 9-1-1 Network will not be liable for any costs associated with the emergency alerting systemincluding costs associated with the extract of data from the 9-1-1 data base. Associated costs for the unpublished West Intrado data will be covered by SETRPC Criminal Justice and Homeland Security Division through grant funds. Charges for the activation and features specified in the Swift Reach 911 contract shall be the responsibility of the SETRPCCriminal Justice and Homeland Security Division (CJHSD)for a period not to exceed twelve months from the initiation date reflected in the contract between SETRPC CJHSD andSwift Reach 911 beginning October 1, 2017 and ending September 30, 2018. The contract/service agreement between SETRPC and Swift Reach 911 may be renewed indefinitely and this Interlocal Agreement between the City of Beaumont and SETRPC shall remain in full effect for the duration of the contract/service agreement with Swift Reach 911 unless SETRPC or the City of Beaumont cancels this Interlocal Agreement in in writing. SETRPCCJHSD will not be responsible for any costs other than the activation fee for the initial twelve-month period reflected in the contract between SETRPC CJHSD andSwift Reach 911 and any subsequent contract renewals. SETRPC CJHSD does not make any promise, guarantee or other obligation for continued activation of the Swift Reach 911 system beyond the initial twelve-month period. Continued activation of the emergency alerting system will be the sole responsibility of the City of Beaumontafter the expiration of the initial twelve-month period unless additional funding is acquired for the regional project. INDEMNIFICATION BY The City of Beaumont, Texas:The City of Beaumont agrees, only to the extent allowedby applicable law, to at all times indemnify, hold harmless and defend the SETRPC Interlocal Agreement Between SETRPC and the City of Beaumont against any andall claims, causes of action, liabilities or losses, directly or indirectly arising as a result of the City of Beaumont's use of any Emergency Notification System services pursuant to the terms of thisAgreement. Nothing herein will be deemed a waiver of governmental immunity other than per Texas Local Government code Chapter 271.Notwithstanding the foregoing, this in no way waives the City's immunity pursuant to Chapter 101 of the Local Government Code. 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 South East Texas Regional Planning Commission Kyle Hayes City Manager, The City of Beaumont Date Date 7, 3� / 7 i SETRPC and the City of Beaumont