CM-10-08-165ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider City Manager's executing an agreement with the Capital Area Council of
Governments regarding the continuation of use of the Emergency Notification System
(ENS).
August 20, 2010
Department: Police Department
Project Manager: Brad Bradford
Item Summary:
This letter agreement continues the City of Round Rock's participation in the CAPCOG Regional Emergency
Notification System (ENS) for the period October 1, 2010 through September 30, 2011.
The ENS system uses a "reverse dialing" telephone method to notify communities or public safety forces of critical
emergency information in situations where property or human life is in danger.
Since this ENS system inception in 2004, CAPCOG has continued to work to enhance the capabilities and reliability of
the system.
In addition, CAPCOG has continued a training program for new users, including a Train -the -Trainer program
designed to allow personnel to provide training locally, ensuring that this training is performed in the most time -
sensitive and economical manner.
Safety and Security, Goal 30.0; Residents, Visitors and Businesses continue to
Strategic Plan Relevance: experience a high and timely level of public safety and security.
Cost: $1,695.00
Source of Funds: General Funds
REV. 6/10/10
Capital Area
Council of
Governments
6800 Burleson Road
Budding 310, Suite 165
Austin, Texas 78744
512.916,6000
FAX 512.916.6001
ww.capcog.org
Bastrop
Blanco
Burnet
Caldwell
Fayette
Hays
Llano
Travis
Williamson
Counties
July 1,2010
The Honorable Alan McGraw
The City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Re: Emergency Notification System
Dear Mayor McGraw:
1. This letter agreement authorizes the City of Round Rock to use
the Emergency Notification System provided by the Capital Area Council
of Governments ("CAPCOG"), under the terms and conditions set out
below, for the period beginning October 1, 2010 and ending, unless
sooner terminated under paragraph 9 or 11, September 30, 2011.
Use of Emergency Notification System
2. The City of Round Rock agrees to use the Emergency
Notification System solely in accordance with the current version of the
CAPCOG Emergency Notification System (ENS) Policies and Procedures.
The current version is part of this agreement and is available on
CAPCOG's website, www.capcog.org/divisions/homeland-
security/ens/docs/.
Cost and Payment Terms
3. Upon execution of this letter agreement, CAPCOG will invoice
the City of Round Rock $1695.00 to cover all or some part of the operating
expenses associated with use of the Emergency Notification System for
the agreement period. The City of Round Rock agrees to pay the invoice
in full within 90 calendar days of its receipt, but solely from current
revenues available to the City of Round Rock. Access to the Emergency
Notification System will be granted when: (1) CAPCOG receives payment
in full of the invoice; and (2) the City of Round Rock has provided
CAPCOG with a list of its Authorizing Individuals and Certified Users as
required by the CAPCOG Emergency Notification System (ENS) Policies
and Procedures.
Public Information Act Request
4. If the City of Round Rock receives a request under the Texas
Public Information Act for disclosure of any of the 9-1-1 database
information, the City of Round Rock agrees not to disclose the information
prior to notification of CAPCOG's Emergency Communications
Department in writing within two business days of the receipt of the
request so that CAPCOG may advise the City of Round Rock regarding
the request.
Nondiscrimination and Equal Opportunity
5. Paragraph 6 summarizes the nondiscrimination and equal
opportunity requirements applicable to performance of this agreement that
are set out in detail in title 6, parts 15, 17, and 21, Code of Federal
Regulations. The City of Round Rock and CAPCOG agree to comply with
the detailed requirements.
6. The City of Round Rock and CAPCOG shall not exclude anyone
from participating under this agreement, deny anyone benefits under this
agreement, or otherwise unlawfully discriminate against anyone in
carrying out this agreement because of race, color, religion, sex, age,
disability, handicap, veteran status, or national origin.
Applicable Law
7. In carrying out this agreement, the City of Round Rock agrees to
comply with all applicable law, including, but not limited to, the Texas
Uniform Grant and Contract Management Act, chapter 783 of the
Government Code, and the Uniform Grant Management Standards
implementing the Act.
8. The City of Round Rock agrees to comply with its own written
rules defining, regulating, and prohibiting conflict of interest in carrying out
this agreement.
Early Termination of Agreement
9. The City of Round Rock acknowledges that CAPCOG's sole
source of revenue for operating and maintaining the Emergency
Notification System are grant funds it receives from the State
Administrative Agency, Texas Department of Public Safety, and
contractual funds provided by participating organizations. Accordingly, the
City of Round Rock agrees that CAPCOG may terminate this agreement if
it learns that funds to operate and maintain the Emergency Notification
System are no longer available.
10. CAPCOG terminates this agreement for unavailability of funds
by giving the City of Round Rock notice of the termination, as soon as it
learns of the funding unavailability, and specifying the termination date.
The agreement terminates on the specified termination date.
11. If the City of Round Rock or CAPCOG breaches a material
provision of this agreement, the other may notify the breaching party
describing the breach and demanding corrective action. The breaching
party has five business days from its receipt of the notice to correct the
breach, or to begin and continue with reasonable diligence and in good
faith to correct the breach. If the breach cannot be corrected within a
reasonable time, despite the breaching party's reasonable diligence and
good faith effort to do so, the parties may agree to terminate the
agreement.
12. If the City of Round Rock violates a provision of the CAPCOG's
Emergency Notification System (ENS) Policies and Procedures, CAPCOG
in its sole discretion, after notifying the City of Round Rock of the alleged
violation in accordance with paragraph 11, may terminate the City of
Round Rock's user account while the City of Round Rock is attempting to
correct the violation. If the City of Round Rock corrects the violation under
paragraph 11, and the Emergency Notification System was not damaged
by the violation, CAPCOG agrees to restore the City of Round Rock's user
account.
13. Termination for breach does not waive either party's claim for
damages resulting from the breach.
Notice to Parties
14. Notice to be effective under this agreement must be in writing
and received by the party against whom it is to operate. Notice is received
by a party: (I) when it is delivered to the party personally; (2) on the date
shown on the return receipt if mailed by registered or certified mail, return
receipt requested, to the party's address specified in paragraph 15 and
signed on behalf of the party; or (3) three business days after its deposit in
the United States mail, with first-class postage affixed, addressed to the
party's address specified in paragraph 15.
15. CAPCOG's address is 6800 Burleson Road, Building 310, Suite
165, Austin, TX 78744, Attention: Executive Director. The City of Round
Rock's address is 221 East Main Street, Round Rock, Texas 78664,
Attention: The Honorable Alan McGraw.
16. A party may change its address by providing notice of the
change in accordance with paragraph 14.
Miscellaneous
17. Each individual signing this agreement on behalf of a party
warrants that he or she is legally authorized to do so and that the party is
legally authorized to perform the obligations under this agreement.
18. This agreement states the entire agreement of the parties, and
an amendment to it is not effective unless in writing and signed by both
parties.
Capital
By
19. This agreement is executed in duplicate originals.
Council of Governments The City of Round Rock
to.;
Betty Voights
Executive Director