2000-029-RES APPROVING AND AUTHORIZING INTERLOCAL AGREEMENT
RESOLUTION NO. 2000-029
A RESOLUTION 01<' THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS APPROVING AND AUTHORIZING AN INTERWCAL
COOPERATION CONTRACT WITH PARIS JUNIOR COLLEGE FOR
COMPUTER MAINTENANCE SERVICES; MAKING OTHER }'INDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
E}'FECTIVE DATE.
WHEREAS, the City Manager did heretofore establish a Technology Team consisting of City
employees from each department within the City for the purposes of make recommendations
regarding the City's hardware, software, and Internet needs; and,
WHEREAS, the Technology Team has recommended the need to retain the services of
qualified on-site information technology specialists to administer and operate the City's computer
network, equipment, peripherals and software; to develop, maintain, and monitor the City's Local
Area Network (LAN) and Wide Area Network (WAN); to install, test, and oversee all PC network
hardware, personal computers, software, and related equipment; and to diagnose and repair the
City's network, computers, and software; and,
WHEREAS, Chapter 791 of the Texas Government Code, entitled Interlocal Cooperation
Contracts, has been adopted by the Texas Legislature for the explicit purpose of increasing the
efficiency and the effectiveness oflocal governments by authorizing them to contract, to the greatest
possible extent, with one another to jointly participate in projects and programs mutually beneficial
to the parties; and,
WHEREAS, interlocal cooperation contracts allow governmental entities to share personnel,
equipment, and other resources thereby avoiding duplication of cost and effort and benefitting not
only the individual governmental entities but their taxpaying constituents; and,
WHEREAS, the City of Paris, Paris, Texas, is a municipal corporation and home-rule city
and as such is a political subdivision of the State authorized under Section 791.003 (4) as a local
government to participate in interlocal contracts; and,
WHEREAS, Section 791.003 (4) of the Texas Local Government Code likewise defines
Paris Junior College as a governmental entity authorized to participate in interlocal contracts; and,
WHEREAS, Section 791.011 (b)(2) of the Texas Government Code authorizes interlocal
agreements for one governmental entity to provide a governmental function or service for another
governmental entity in those instances where each party to the contract is authorized to perform such
services individually; and,
WHEREAS, the City of Paris in the ordinary course of its business maintains a number of
computers necessary to the operation of the City government, and requires service assistance in the
upkeep and operation of such computer equipment to retain the highest level of efficiency and
operating capability for said computers; and,
WHEREAS, Paris Junior College has staff and employees who are highly qualified to provide
computer maintenance and operation services of the kind necessary for the City of Paris to be able
to maintain its computers at a high operating level; and,
WHEREAS, as a consequence, the City Council of the City of Paris, Paris, Texas, desires
to enter into an interlocal agreement likewise acceptable to the Board of Regents of Paris Junior
College whereby Paris Junior College will provide personnel to the City of Paris on an as-needs basis,
and in return for appropriate compensation, to assist the City of Paris in the maintenance, upkeep,
and operations of the City's various computer systems; and,
WHEREAS, the form of the Interlocal Cooperation Contract with Paris Junior College,
attached hereto as Exhibit A, should, in all things, be approved, and the City Manager should be
authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the form of the Interlocal Cooperation Contract with Paris Junior College,
attached hereto as Exhibit A, be, and the same in hereby, approved.
Section 3. That the City Manager be, and he is hereby, authorized and directed to execute
the Interlocal Agreement, under the terms and conditions and in the form shown in Exhibit A,
attached hereto.
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 13th day of March, 2000.
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
INTERLOCAL COOPERATION CONTRACT
BETWEEN THE CITY OF P ARIS, PARIS, TEXAS
AND PARIS JUNIOR COLLEGE
FOR COMPUTER MAINTENANCE SERVICES FOR THE
CITY OF PARIS
STATE OF TEXAS
)
)
)
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
Recitals:
WHEREAS, Chapter 791 of the Texas Government Code, entitled Interlocal Cooperation
Contracts, has been adopted by the Texas Legislature for the explicit purpose of increasing the
efficiency and the effectiveness oflocal governments by authorizing them to contract, to the greatest
possible extent, with one another to jointly participate in projects and programs mutually beneficial
to the parties; and,
WHEREAS, interlocal cooperation contracts allow governmental entities to share personnel,
equipment, and other resources thereby avoiding duplication of cost and effort and benefitting not
only the individual governmental entities but their taxpaying constituents; and,
WHEREAS, the City of Paris, Paris, Texas, is a municipal corporation and home-rule city
and as such is a political subdivision of the State authorized under Section 791.003 (4) as a local
government to participate in interlocal contracts; and,
WHEREAS, Section 791.003 (4) of the Texas Local Government Code likewise defines
Paris Junior College as a governmental entity authorized to participate in interlocal contracts; and,
WHEREAS, Section 791.011 (b)(2) of the Texas Government Code authorizes interlocal
agreements for one governmental entity to provide a governmental function or service for another
governmental entity in those instances where each party to the contract is authorized to perform such
services individually; and,
WHEREAS, the City of Paris in the ordinary course of its business maintains a number of
computers necessary to the operation of the City government, and requires service assistance in the
upkeep and operation of such computer equipment to retain the highest level of efficiency and
operating capability for said computers; and,
WHEREAS, Paris Junior College has staff and employees who are highly qualified to
provide computer maintenance and operation services of the kind necessary for the City of Paris to
be able to maintain its computers at a high operating level; and,
Page I of 6
c'){HIBIT A!
WHEREAS, as a consequence, the City Council of the City of Paris, Paris, Texas. desires
to enter into an interlocal agreement likewise acceptable to the Board of Regents of Paris Junior
College whereby Paris Junior College will provide personnel to the City of Paris on an as-needs
basis, and in return for appropriate compensation, to assist the City of Paris in the maintenance,
upkeep, and operations of the City's various computer systems; NOW, THEREFORE,
For and in consideration ofthese premises and the mutual consideration set out herein, the
City of Paris, Paris, Texas, a Texas municipality and home-rule city with home offices located at 135
1st Street S.E., Paris, Texas, hereinafter referred to as "CITY," and Paris Junior College, a State-
supported junior college with offices located at 2400 Clarksville Street, Paris, Texas, hereinafter
referred to as "PJC," by and through and with the formal approval of the governing bodies of each
respective party, do hereby covenant and agree as follows:
I. Scope of services
A. PJC Responsibility
The primary purpose of the interlocal agreement will be for the City to obtain
computer assistance from P JC in the administration and operation of City's computer
network, equipment, peripherals, and software. P JC personnel as designated herein
shall develop, maintain, and monitor the City's Local Area Network (LAN) and Wide
Area Network (WAN). PJC shall be responsible for the installation, testing, and
oversight of all PC network hardware, personal computers, software, and related
equipment. PJC shall respond to work order requests by diagnosing and repairing
network and computer and software. The services to be performed by P JC shall
include, but not be limited to, the following:
1. Manage the City's LAN;
n. Install and upgrade all City computers and peripherals;
111. Install network cabling and network peripherals;
IV. Relocate computer hardware, peripherals, and equipment as needed;
v. Install and configure software as needed;
VI. Assist with the installation, maintenance, troubleshooting, and repair of data
communications circuits and equipment;
vn. IdentifY and resolve network hardware and software problems;
V111. Perform routine preventative maintenance on network hardware and personal
computers;
IX. Perform fiber optic maintenance;
x. Provide a "Help Desk;"
Xl. Familiarize itself with the City's equipment and software.
Page 2 of 6
B. CITY Responsibility
CITY shall be responsible for the following:
1. Provide complete access to all staff members to aid PJC in troubleshooting
and repairing problems;
11. Internally troubleshoot software problems prior to calling PJC;
iii. Implement a procedure for receiving work orders.
II. Work days and hours
PJC shall be responsible for providing the services as described herein between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday of each week; provided, however, that in
the event of an emergency circumstance or major problem at P JC with respect to P JC's own
computer equipment and systems, PJC shall not be required to respond as specified herein,
and provided further, however, that PJC's response obligations shall be suspended
temporarily during college registration periods or on customary holidays observed by PJC.
III. Coordination
Each party to this agreement shall designate a project coordinator who shall be responsible
for coordinating the services and responsibilities of the personnel for each party. All work
requests from City staff shall be forwarded to the City coordinator, who shall then prioritize
said work requests and determine those which are major work orders. Examples of major
work orders shall include server installations, configuration of networks, and configuration
of computer work stations. Thereafter, the CITY's coordinator will forward all work
requests, including those designated as major work requests, to the PJC coordinator via fax
or e-mail. On-site PJC personnel shall report to the CITY's coordinator to obtain all work
orders each day before beginning work. In the event there are no work orders pending at the
City, PJC personnel will not be required to report to the City. PJC by executing this
agreement, commits to provide no more than nineteen (19) hours per week of service time
at the rate or rates stated herein. Provided further, however, that P JC may provide additional
hours of service if requested by CITY and approved by PJC. In no event shall PJC be
required to provide in excess of nineteen (19) hours of service per week.
IV. Compensation
For and in return for the services provided herein, CITY agrees to pay to PJC compensation
at the rates described below for the service technicians providing the service:
A Computer and network technician - $12.00 per hour
B. Computer Center's site technical support staff other than network technician - $35.00
per hour
Page 3 of 6
For the purposes of this agreement, CITY guarantees to pay to PJC for each week of this
contract, as a minimum, an amount equal to the amount owed for nineteen (19) hours per
week of service at the technician rate, or $228.00 per week, with an additional amount for
each hour worked, if any, over nineteen (19) hours in any given week. Any amount due for
services by the Computer Center's site technical support staff shall be in addition to said
guaranteed minimum payment.
F or all ordinary and customary services to be provided to the CITY, such services will be
provided by the computer and network technician. In the event of a serious computer service
issue or in the case of an emergency, and following a written request from the City Manager
or the City Attorney, services will be provided by the Computer Center's site technical
support staff as described herein. P JC shall prepare an invoice statement monthly and
present such statement to the CITY for payment within two (2) weeks following the end of
each service month. CITY shall review invoice statements, and payment shall be made
within fourteen (14) days following receipt of said statement. By virtue of entering into this
agreement, the governing bodies of each party to said contract have determined that the
compensation described herein for the services to be received fairly and justly compensates
the respective performing party for the services or functions performed under the agreement.
V. Current revenues
All compensation to be paid by any party under this agreement for the performance of
governmental functions or services hereunder shall be made from current revenues available
to the paying party.
VI. Termination
This agreement may be terminated by either party hereto, at said party's sole discretion, and
without cause or justification, following thirty (30) days written notice to the other party
specifying the terminating party's intent to terminate the agreement and the effective date of
such termination.
VII. Term
Subject to the right of termination as specified herein, the term ofthis agreement shall be for
five (5) consecutive annual terms, each successive term automatically renewable on the
effective date hereof.
VlIl. Notice
Where notice is required herein, such notice shall be given in writing and delivered to the
address of the respective party receiving the notice, certified mail, return receipt requested,
Page 4 of 6
and presumed to have been delivered within three (3) days following the posting thereof, to
the following addresses of the respective parties:
For notice to be effective as to the CITY, said notice shall be to:
City Manager
City of Paris
P. O. Box 9037
Paris, TX 75460
For notice to be effective as to PJC, said notice shall be to:
President
Paris Junior College
2400 Clarksville Street
Paris, TX 75460
IX. Services performable in Lamar County
All services provided hereunder shall be performable in Lamar County. Texas.
X. Effective date
This contract shall be effective the date of final approval by the party which last approves
said agreement, as reflected in the signature portion of the agreement contained herein.
EXECUTED this _ day of
,2000.
CITY OF PARIS, PARIS, TEXAS
By:
Michael E. Malone, City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
Page 5 of 6
EXECUTED this _ day of
,2000.
PARIS JUNIOR COLLEGE
ATTEST:
Secretary
Page 6 of 6
By:
Bobby Walters, President