1999-149-RES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
RESOLUTION NO.
99-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR E-91 I
SERVICE AND PSAP EQUIPMENT BETWEEN THE CITY OF PARIS AND ARK-TEX
COUNCIL OF GOVERNMENTS; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Ark-Tex Council of Governments is a regional planning commission and
political subdivision of the State of Texas organized and operating under the Texas Regional
Planning Act of 1965, as amended, and in that capacity has developed a strategic plan to establish
and maintain 911 emergency telephone service in the Northeast Texas State Planning Region
Number Five; and,
WHEREAS, the aforesaid strategic plan has been approved by the Texas Commission on
State Emergency Communications; and,
WHEREAS, the City of Paris 'is a local government that operates one or more public safety
answering points that assists in implementing the strategic plan, as authorized by Chapter 771 of the
Health and Safety Code; and,
WHEREAS, Chapter 791 of the Government Code, entitled 'The lnterlocal Cooperation
Act," authorizes local governments, including municipalities, to contract with state agencies to
cooperate in the performance of governmental functions common to both governmental entities; and,
WHEREAS, the Ark- Tex Council of Governments and the City of Paris desire to enter into
an interlocal agreement for E-911 service and PSAP equipment; 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 an Interlocal Agreement, a copy of which is attached hereto and for all purposes
incorporated herein, by and between the Ark-Tex Council of Governments and the
City of Paris for E-91l services and PSAP equipment is hereby approved, and that
the City Manager is hereby authorized to execute and the City Clerk to attest to the
aforesaid agreement.
Section 3.
That, to the extent the aforesaid lnterlocal Agreement specifies that either or both
parties are required to pay for the performance of governmental functions and
services, the aforesaid payments shall be made from current revenues available to the
paying party.
Section 4.
That, to the extent the aforesaid agreement provides for contractual payments, the
City Council hereby finds and determines that the amount of said compensation to
the receiving party is hereby determined to be fair and reasonable compensation for
the services and functions performed.
Section 5.
That this resolution shall be effective from and after the date of passage.
PASSED AND ADOPTED this 13th day of December, 1999.
Cd / ~ ,L
Cliarles H. Nee ey,
ATTEST:
Mattie Cunningham. City Clerk
STATE OF TEXAS }
COUNTY OF LAMAR }
ARK-TEX COUNCIL OF GOVERNMENTS
INTERLOCAL AGREEMENT FOR E9-1-1 SERVICE
AND PSAP EQUIPMENT
ARTICLE 1 - RECITALS
1.01 The Ark-Tex Council of Governments, hereinafter referred to as "ATCOG", is
a regional planning commission and political subdivision of the State of
Texas organized and operating under the Texas Regional Planning Act of
1965 as amended, Chapter 391 of the Local Government Code. ATCOG has
developed a Strategic Plan (Plan) to establish and maintain 9-1-1 emergency
telephone service in Northeast Texas State Planning Region 5, and the
Commission on State Emergency Communications (CSEC or Commission)
has approved its current Plan.
1.02 The City of Paris, hereinafter referred to as "Public Agency", is a Texas local
government that operates one or more Public Safety Answering Points
(PSAPs) that assist in implementing the plan, as authorized to do by Chapter
771 of the Health and Safety Code.
1.03 This Contract is entered into between ATCOG and the Public Agency under
Chapter 791 of the Government Code, so that a local government can
participate in the enhanced 9-1-1 emergency telephone system in the region.
1.04 The CSEC, as authorized by the Health & Safety Code, Chapter 771, is the
oversight and funding authority for regional councils implementing 9-1-1 and
addressing/addressing maintenance services, through local governments.
ARTICLE 2 - STIPULATIONS AND SERVICES
..
2.01
As required by the Contract for Services that has been executed between
ATCOG and the CSEC, a copy of which has been attached as Exhibit "A",
ATCOG shall execute interlocal agreements with its member local
governments and/or PSAPs relating to the planning, development,
implementation, operation, and provision of 9-1-1 service, the use of 9-1-1
funds and adherence to applicable law. The Public Agency agrees:
1
EXHIBIT A
a. to cooperate with ATCOG in acquiring necessary equipment for the 9-1-
1 system (at no expense to the Public Agency;) provide suitable space
for such equipment which meets all technical requirements for the
telephone c:ompany(ies) in installing telephone company equipment;
b. to operate and maintain at least one (1) Public Safety Answering
Point(s) and provide 9-1-1 emergency telephone service 24 hours a
day, 365/6 days a year, for the city of Paris and Lamar County, and to
abide by all rules, regulations, performance training standards adopted
by CSEC, elr its successor agency. The PSAP for the city of Paris and
Lamar County, Texas, shall be situated at the location described as
follows:
Paris Police Department
811 Bonham
Paris, Texas 75460
c. comply with applicable provisions of the state's Uniform Grant
Management Standards (UGMS);
d. to establish and implement procedures whereby ATCOG is notified of all
changes in municipal boundaries, street names and numbers, additions
of new streets and changes within the City of Paris, so that ATCOG may
provide, maintain and update information as necessary in the 9-1-1
database;
e. to provide calltakers and/or dispatchers access to emergency
communications training as approved in the strategic plan, or as
determined by the local government; and notify ATCOG of any new
9-1-1 calltakl3rs/dispatchers to schedule for training;
1. to designate a single point of contact for the PSAP and provide said
contact information to ATCOG;
g. to maintain a cooperative working relationship with ATCOG and the
telephone companies for effective management of the 9-1-1 system;
'I
h. to assist ATCOG on educating the public about the proper use of 9-1-1
through the news media, elected officials, community groups, volunteers
and others;
,I
1
i. any test or statistical information required herein shall be reported to
ATCOG at times scheduled on forms specified by ATCOG as to the
Public Agency's performance of this Contract;
I
I
I
i
I
I
j. any equipment purchased by ATCOG, for the specific use of Public
Agency, shall be owned by ATCOG;
k. ATCOG shall maintain a complete inventory of 9-1-1 equipment, said
inventory attached hereto as Exhibit "S", A physical inventory shall be
conducted annually by ATCOG;
I. the 9-1-1 equipment provided shall be used only for the processing of
9-1-1 calls;
m. the 9-1-1 equipment and related data shall be used only by authorized
public safety personnel;
n. to protect the 9-1-1 equipment and secure the premises of the PSAP
against unauthorized entrance or use. Any lost or stolen equipment
shall be reported to ATCOG as soon as possible after said loss is
discovered;
0, to adhere to Health & Safety Code, Section 771.061, Confidentiality of
Information, in maintaining 9-1-1 database information;
p. to back up data as necessary on a removable medium and storing the
removable medium in a secure place;
q. no unauthorized personnel are to service or repair the 9-1-1 system
components;
r. to test all 9-1-1 and ancillary equipment for proper operation and user
familiarity at least once a month. Testing should include 9-1-1 test calls
placed from a wire/ine and wireless telephone; maintain a log of said
test calls, and submit copies of the logs to ATCOG monthly;
S. to test all Telecommunications Devices for the Deaf (TOO) for proper
operation and maintain user familiarity at least once a month; log all
TDD/lTY calls and TDD/lTY test calls, as required by the Americans
with Disabilities Act of 1990, and submit copies of the logs to ATCOG
monthly;
t. no modification or disposal of equipment or changes to software shall
be made. No software shall be added to the 9-1-1 workstations,
including but not limited to unauthorized programs, games,
screensavers, etc. Any outages or downtime caused by such software
or equipment modifications and costs thereof will be the sole
responsibility of Public Agency;
,I
j
I
I
, I
u. that the Public Agency will not be monetarily liable for any costs
incurred for items that are covered by warranty, or the direct result of an
incident over which they have not control (i.e., lightning, water as a
result of flooding, power failure, etc.);
v. to reimburse ATCOG and/or the Commission for any damage to 9-1-1
equipment caused by intentional misconduct, abuse, misuse or
negligence by PSAP employees, not including ordinary wear and tear or
day-te-day use of equipment;
w. PSAP personnel are responsible for reporting, to the appropriate party,
any hardware or software problems as soon as the problem is first
detected. The PSAP shall maintain a log of outages reported and the
resolution of same;
X. ATCOG is required by the CSEC to perform on-site monitoring of the
PSAP monthly for proper use and operations of 9-1-1 equipment in
compliance with applicable law, and the Public Agency agrees to
cooperate fully with such on-site monitoring. Additionally, the PSAP
shall compile the following information and submit to ATCOG monthly:
· Total 9-1-1 calls answered per month;
. Total Wireline calls answered per month;
. Total Wireless 9-1-1 calls answered per month;
· Average 9-1-1 call duration; and
. Outage of 9-1-1 service (type and duration)
y. consistent with UGMS and applicable law, the Public Agency will
maintain adequate fiscal records and supporting documentation of any
9-1-1 funds distributed to said public agency and any 9-1-1 funds spent
by such Public Agency for 9-1-1 service. These records shall be
retained a minimum of two years;
z. that ATCOG and/or the Commission may withhold, decrease, or seek
reimbursement of 9-1-1 funds in the event that those 9-1-1 funds were
used in noncompliance with applicable law;
aa. that Public Agency and/or PSAP shall return or reimburse ATCOG
and/or the Commission, as applicable, any 9-1-1 funds used in
noncompliance with applicable law; and such return or reimbursement
of 9-1-1 funds to ATCOG and/or the Commission, as applicable, shall
be made by the Public Agency or PSAP within 60 days after demand by
ATCOG, unless an alternative repayment plan is approved by ATCOG
and the Commission.
,I
1
ARTICLE 3 -ATCOG OBLIGATIONS
3.01 ATCOG, as administrator for 9-1-1 services for the region, agrees to receive
monies from monthly access lines and/or equalization surcharge fees and to
pay non-recurring and monthly recurring system and equipment costs
according to the terms outlined in the regional plan.
3.02 ATCOG agrees to comply with applicable provisions of the state's UGMS.
3.03 ATCOG agrees to maintain appropriate accounting and reporting
mechanisms for inclusion of 9-1-1 financial activities in an ATCOG annual
audit.
3.04 ATCOG agrees to coordinate public education and information throughout
the system.
3,05 ATCOG agrees to serve as the Contracting entity with the appropriate
telephone companies for service and equipment.
3.06 ATCOG agrees to complete such reports and other documentation as may be
required by the CSEC, the PSAPs, the Public Agency, or the service
providers.
3.07 Consistent with UGMS and applicable law, any equipment purchased by
ATCOG for the specific use of Public Agency, shall be owned by ATCOG.
3.08 Consistent with UGMS and applicable law, ATCOG shall maintain of a
current inventory of all 9-1-1 equipment located within the PSAP, as listed
on the attached Exhibit "B", ATCOG shall conduct physical inventories
annually.
3.09 ATCOG shall continue its addressing and address maintenance activities for
Lamar County in accordance with the approved Strategic Plan(including any
approved amendments) as a condition of the receipt of 9-1-1 funds as
prescribed by the Strategic Plan.
3.10 ATCOG shall purchase supplies necessary for the continuous operation of
the 9-1-1 equipment, in compliance with proper procurement procedures.
t
-"
ARTICLE 4 - COMPENSATION
4.01 ATCOG has a Contract to pay the telephone company(ies) and other vendors
directly for the 9-1-1 equipment and services furnished to the Public Agency.
4.02 The Public Agency understands that ATCOG's sole source of funding for
paying the telephone company(ies) and other vendors is the access line
service fee collected by the service providers and appropriated to ATCOG by
the State of Texas. If fees sufficient to pay the telephone companies and
other vendors are not received, ATCOG may notify the agency of this fact,
and upon receipt of this notice, the Public Agency's obligations under this
Contract are suspended until ATCOG is able to resume payments.
ARTICLE 5 - EFFECTIVE DATE AND TERM OF CONTRACT
5.01 This Contract shall be effective as of date of execution hereto, and shall
remain in full force and effect for one year from the date of final execution
hereof, to be automatically renewed thereafter on the anniversary of the
original effective date for additional one year terms, unless terminated as
provided in this article. Either party may at its discretion terminate this
agreement following sixty (60) days written notice to the other party hereto.
ARTICLE 6 - GENERAL PROVISIONS
6.01 The Public Agency is not an employee or agent of ATCOG, but carries out
this Contract solely as an independent Contractor.
6.02 Any notice under this Contract must be in writing and received by the party
against whom it is to operate to be effective. Notice is received by a party:
a. when it is delivered to the party personally;
b. on the date shown on the return receipt if mailed by certified mail. return
receipt reqlJested, to the party's address as specified herein and the
receipt is. signed on behalf of the party; or
..
c. three (3) business days after its deposit in the United States mail, with
first-class postage affixed, addressed to the party's address as specified
herein.
1
_r
6.03 ATCOG's address is:
Ark-Tex Council of Governments
122 Plaza West
Texarkana, Texas, 75501
Altn: 9-1-1 Program Manager
6.04 Public Agency's address is:
City of Paris
2650 Clark Lane
Paris, Texas 75461-9037
6.05 A party may change its address specified herein by notifying the other party
of the change in accordance with this paragraph. When the notice becomes
effective, the changed address becomes the changing partner's address.
6.06 The following attachments are part of this contract:
a. Exhibit "A" - Contract as executed by and between the Commission on
State Emergency Communications and the Ark-Tex Council of
Governments
b. Exhibit "B" - Inventory of Equipment installed at PSAP location
6.07 Each individual signing this contract 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 undertaken.
6.08 This Contract contains the entire agreement of the parties, and any
amendment to said contract is not effective unless in writing and signed by
both parties.
6.09 This Contract is binding on the parties' successors in interest.
6.10 Each party to this contract required to pay for the performance of
governmental function or services under the terms of this contract shall make
the payments for those services or functions from current revenues available
to the paying party.
6.11
By executing this agreement, the governing bodies of each entity hereby find
and determine that the contractual payments required hereunder, if any, have
been determined to be an amount that fairly compensates the performing
party for the services or functions performed under this agreement.
,I
1
-'
6.12 This Contract is executed in duplicate originals.
Executed this 13th day of December
,1999.
AlTEST:
ARK-TEX COUNCIL OF
GOVERNMENTS
By:
Name:
Title:
James C. Fisher, Jr.
Executive Director
AlTEST:
CITY OF PARIS
Mattie Cunningham, City Clerk
By:
Name:
Title:
Michael E. Malone
City Manal!:er
.I
1
-"
EXHIBIT "Au
CONTRACT FOR 9-1-1 SERVICES
RECEIVED
HDV 1 , 1999
CSEC
Art.1. Parties and Purposes
1.1 The Texas Commission on State Emergency Communications rCommisslon") is
charged by law with the responsibility to oversee the provisIon of 9-1-1 emergency
services throughout the state, and ArK-Tex Council of Governments ("RPCj is
charged with the responsibility to provide these serviees In Its region. Providing
these services requires 8 partnership among and cooperative efforts by the
Commission, the RPC and the state's local govemments, which are represented on
1he RPC's goveming body.
1.2 The Commission and the RPC enter into this Contract for Services ("Contract") to
darify and better define the rights and duties of each in canying out their individual
and collective responsibilities under the law.
Art. 2. Compliance with Applicable Law
2,1 The RPC shall comply with all applicable federal and state laws ("epplicable law") in
carrying out its approved Strategic Plan. .
2.2 Applicable law includes but is not limited to the State Administration of Emergency
Communications Act, Texas Health and Safety Code, Chapter 771; Commission
rules Implementing the Act contained In TrtJe 1, Texas Administrative Code,
Chapters 251, 252, 253, and 255; the Uniform Grant Management Standards, Trtle
1, Texas Administrative Code ~~ 5.151- 5.167; the Preservation and Management
of local Government Records Act, Texas Govemment Code, Chapter 441,
Subchapter J; Texas Local Govemment Code, Chapter 391; Texas Govemment
Code, Chapter 2260; and amendments to the referenced statutes and rules.
2.3 Applicable law also Includes but is not limited to the policies and procedures
adopted by the Commission. The Commission may adopt new policies,
procedures and rules and amend its existing policies, procedures and rules subject
to the requirements of the Administrative Procedure Act, ("APAj Texas
Govemment Code, Chapter 2001; any new or amended policy or procedure (other
than an adopted rule) shall be enforceable ~alnst the RPC 30 days following the
date of its adoption unless the Commis$ion finds and declares that an emergency
exists which requires that such policy or procedure be enforceable Immediately
against the RPC. The Commission shall provide the RPC written notice of all new
or amended policies, procedures and interpretatJons of Commission rules within a
reasonable time after same are adopted by the Commission.
2.4 The RPC shall repay any 9-1-1 surcharge funds and service fees ("9-1-1 funds") j
expended by the RPC In noncompliance with applicable law. Such reimbursement
shall be made in acc:ordance with established Commission policies and
I
.
-..,
OlntrBct or G-1-1 SeMct._
CSEC
Psge 2
procedures. The RPC shall advise the Commission In writing of Its efforts to
recover 9-1-1 funds In accordance with ArtIcle 4.1(d) herein.
2.5 In accordance with Texas Health and Safety Code, SeCtion n1.078(6), the
Commission may withhold disbursement of funds to a regional planning
commission that does not follow a standard Imposed by this Contrac:l, a
Commission rule and/or policy, Dr a statute.
Art. 3. Monitoring Compliance
3.1 The RPC recognizes that the Commission reserves the right to perform on-site
monitoring of the RPC and/or its performing local govemments Dr Public Safety
Answering Points (PSAPs) for compliance with applicable law, and the RPC agrees
to cooperate fully with such on-site monitoring.
Art. 4. Standard Interlocal Agreement with Local Govemments
4,1 The RPC shall use interlocal agreements between Itself and Its local govemments
and PSAPs relating to the planning, development, operation, and provision of 9-1-1
service, the use of 9-1-1 funds and adherence to applicable law. These
agreements must, at a minimum:
a) provide for compliance with applicable provisions of the state's Uniform Grant
Management Standards;
b) include a provision that the RPC may withhold, decrease, or seek reimbursement
of 9-1-1 funds in the event that those 9-1-1 funds were used In noncompliance with
applicable law:
c) include a provision whereby the local govemments and PSAPs shall retum or
reimburse the RPC and/or the Commission, as applicable, any 9-1-1 funds used in
noncompliance with applicable law;
.
d) include a proVision that such retum Dr reimbursement of 9-1-1 funds to the RPC
and/or the Commission, as applicable, shall be made by the local govemment or
PSAP within 60 days after demand by the RPC, unless an alternative repayment
plan is approved by the RPC and the Commission;
e) Include provisions, consistent with Uniform Grant Management Standards and
applicable law, addressing the ownership, transfer of ownership, and/or control of .1
equipment acquired with 9-1-1 funds; in connection with the provisions of 9-1-1
service r9-1-1 equipment"); 1
f) include 8 provision, consistent with Uniform Grant Management Standards and
applicable law, requiring the maintenance of a current inventory of all 9-1-1
equipment;
_1If"
CDnlnJct for P-1-1 Se",;c,..
CSEC
Pege 3
g) Include a provision requiring reimbursement ~r damage to 8-1-1 equipment
caused by intentional misconduct, abuse, misuse or negligence by PSAP
employees; though this provision shall not include ordinary wear end tear Dr
ordinary day to day use of equipment;
h) provide, consistent with Uniform Grant Management Standards and applicable law,
that the local governments and PSAPs will maintain adequate fiscal records and
supporting documentation of all 9-1-1 funds distributed to such local govemments
and PSAPs and all 9-1-1 funds spent by such local governments and PSAPs for
9-1-1 service, with specific detail for 9-1-1 funds received or spent relating to
addressing or addressing maintenance activities;
i) provide that the Commission or its duly authorized representative shall have access
to and the right to examine all books, accounts, records, files, andlor other papers,
or property pertaining to the 9-1-1 service, belonging to or In use by the local
government, the PSAP, or by any other entity that has perfonned or will perform
addressing or addressing maintenance activities;
j) provide a commitment by the RPC, the local government, or PSAP, as applicable,
to continue addressing and address maintenance activities in accordance with the
approved Regional Plan (Including any approved amendments) as a condition of
the receipt of 9-1-1 funds 85 prescribed by the RPC Strategic Plan.
Art. 6. Competitive Procurement and Contract Administration
5.1
The RPC shall use competitive procurement practices and procedures similar to
those required by state law for local governments, as well as any additional
Commission policies, in connection with the procurement of 8-1-1 Customer
Premises Equipment, 9-1-1 Network and 9-1-1 Database services and any other
items to be obtained with 9-1-1 funds. For purposes of this Contract, the Texas
A!lsociation of Regional Councils rrARC.) Model Procurement Policy Is
considered sufficiently similar to the state law Involved. Before entering any
contract or agreement; the RPC shall provide documentation to the Commission for
review and approval of any asserted sole source exception to competitive
procurement practices. Upon submission of proper documents required by
applicable law, Commission shall respond to RPC with in 15 working days of
receipt of documentation for sole source exception.
.
5.2 The RPC shall include a specific, detailed statement of work, Including appropriate
benchmarks to evaluate compliance, in all contracts with vendors, local
governments, and PSAPs to be paid from 9-1-1 funds.
5.3 The RPC shall implement a contract administration system that ensures contractors
perform In accordance with the tenns, conditions, and specifications of their
contracts Dr purchase ordel$. The RPC shall Include performance bonds, a
provision making refunds available for lack of quality perfonnance, and/or
j
.l~
6.2
6,3
Contract for ",., Setvices
CSEC
Pllge4
contractual performance penalties in contracts with vendors to be paid frcm 9-1-1
funds. The RPC shall also Include contract termination and moclification provisions
that promote quality perfonnance 8~ compliance by vendors for contracted items
Dr services. .The RPC shall notil'y the Commission of any perfonnance or
compliance issues with vendors that have not been satisfactorily corrected within
60 days of notice to the vendor.
5.4 The RPC shall maintain sufficient records detailing the significant history of
procurement, Including the rationale for the method of procurement, the selection of
contract type, the c:ontraclor seJection or rejection and the basis for the contract
price.
Art. 6. Service Fee Funding
6.1 In accordance with Texas Health & Safety Code !i 771.071, as amended by House
Bill 19B3 (7611I Legislative Session), the Commission shall receive all Iandline
service fees and wireless service fees that are billed, collected and remitted by
telecommunications service providers. The Commission shall deposit money from
the fees to the credit of the 9-1-1 services fee fund In the State Treasury.
The Commission shall distribute money appropriated to the Commission from the
9-1-1 services fee fund to the RPC for use in providing 9-1-1 services as provided
by this Contract, in accordance with Texas Health & Safety Code !is 771.071(1) and
771.078. Funds will be distributed to the RPC quarterly unless the RPC Is in
substantial noncompliance with Commission rules and procedures. The RPC shall
distribute the money to public agencies within Its jUrisdiction for use in proViding
those services. All fees and surcharges collected under the authority of Texas
Health & Safety Code, Chapter 771 may be used only for planning, development,
provision, and enhancement of the effectiveness of 9-1-1 service as approved by
the Commission, and as provided by Texas Health & Safety Code S 771.075.
Furthermore, in accordance with Texas Health & Safety Code, Section 771.0711,
funds received from the wireless serviCe fee may only be used for services related
to the provisioning of wireless 9-1-1 services within the area served by the RPC.
.
As provided by Texas Health & Safety Code S 771.078(d), not more than ten
percent (10%) of the money received by the RPC under Section 771.078(b) may be
used for indirect costs by the RPC within Its Administrative BUdget. The govemor's
office will ",view and evaluate lncIirecJ costs and shall use the federal Office of
Management and Budget circulars A-B7 and A-122 or use any rules relating to the
determination of indirect costs adopted under Chapter 783, Texas Govemment
Code,
,I
1
6.4 In accordance with Texas Health & Safety Code S 771.078, the Commission shall
ensure that the RPC receives money for 9-1-1 services in two separately computed
amounts, one each for the respective land line and wireless service fees. The
amount distributed to the RPC shall be in accordance with Texas Health & Safety
_fr'
e
Con/filet for 8-1.1 ServiPD:s
CSEe
hQe5
Code SS 771.078(b)(1) and (b)(2), not to exceed the appropriated amount, as
follows:
· Landline service fee shall be calculated as follows:
Total Emergency Service Fees
Collected from the Reaion
Total Emergency Service Fees
Collected for the State
· Wireless service fee shall be calculated as follows:
Total Emergency Service Fee Revenue
Collected, Deposited and
Appropriated to the Commission X
Total Wireless Emergency Service Fee
Revenue Collected, Deposited X
and Appropriated to the Commission
6.5 Once per quarter of each fiscal year, the Commission shall calallate these amounts
and deposit the resulting amounts Into the designated sub-account lnalde the State
Treasury for allocation to the RPC.
Population of ReQlon
Population of State
6.6 Upon a request from the RPC, ~ Commission shall provide the RPC with
documentetlon and financial records Of the amount of money collected In the region
or of an amount of money allocated to the RPC, In accordance with Texas Health &
Safety Code, Section 771.078 and this Contract.
Art. 7. Surcharge
7.1 In accordance with Texas Health & Safety Code, Section 771.078(e), the
Commission may allocare surcharges under Section 771.072(d) by means of this .
Contract.
7.2 Section 771.072 of Texas Health & Safety Code indicates that the Commission may
periodically allocate surcharges to the RPC for use in implementing the approved
Strategic Plan to provision 9-1-1 service throughout its region.
7.3 As implemented by Commission Rule 251.6, Guidelines for Strategic Plans,
Amendments, and Equalization Surcharge, It is the policy of the Commission to
obligate surcharge funds for the current plan year plus the subsequent four plan
years, based upon the Commission's revenue estimates for the same time period.
The allocation of surcharge, as well as all other 9-1-1 funds, Is contingent upon the
RPC's compliance with the terms of this Contract. Commission policies and rules, as
well as all applicable law.
Art. 8. StrategIc PlannIng
8.1 in accordance with Texas Health & Safety Code ~ 771.055, as amended by House
Bill 1983 (7611I Legislative Session), the RPC shall develop a regional plan for the
,I
1
..,.
Contrat:t for Po,., SetVices
CSEC
P.peG
establishment and operation of 9-1-1 service throughout the respective region. The
9-1-1 service must meet the standards established by the Commission. A regional
plan must describe how the 9.1.1 service is to be administered.
B.2 The RPC must update its regional plan at least once during each state fiscal
biennium, and must include the following:
· A description of how money allocated to the region is to be allocated
throughout the region served by the regional planning council;
· Projected financial operating Information for the two amte fiscal years following
the submission of the plan;
· Strategic planning Infonnation for the five state fiscal years following submission
of the plan.
8.3 The RPC shall submit a regional plan, or amendment to the plan, to the
Commission for review and approval or disapproval, as required by Texas Health &
Safety Code sn1.056, In tum, the Commission ahall consider the appropriateness
of the plan or amendment in satisfying the standards set by the Commission, the
cost and effectiveness of the plan or alnendment, as well as the appropriateness of
the plan or amendment in context with overall statewide 9-1-1 service.
8.4 The Commission shall notify the RPC of the approval or disapproval of the ~ional
plan submission, or an amendment to the plan. within 90 days of receipt of an
administratively complete submission. Amendments that do not require
Commission approval, as defined by Commission Rule 251.6, Guidelines for
Strategic Plans, Amendments, and Equalization SurchaTpe Allocation, will be-
reviewed and the RPC notified of approval or disapproval within 15 working days of
receipt by Commission staff. If the. plan or amendment is disapproved. the
Commission will provide specific reasons for such. and shall establish a deadline
for submission of a modified plan.
8.5 If the plan or amendment is approved, the Commission shall allocate to the RPC
from the money collected under Texas Health & Safety Code gS 771.071,
771.0711, ancllor 771.072 as appropriated to the COmmission, end In accordance
with the terms of this Contract.
Art. 9. Reporting Requirements
9.1 The RPC ahall submit financial and perfonnance infonnation end reports regarding
9-1-1 service and administration to the Commission In accordance with Texas
Health & Safety Code, Section 771.078. The RPC shalt provide the reporting
Infonnation In accordance with standards and guidelines established by
Commission rules and policies. The RPC shall submit the following information to
the Commission, at least once per quarter of each fiscal year.
j
-~
Conna fgr to1-1 Serv#oes
CSEC
Page 1
. Financial Information regarding administrative expenses shall be reported In
accordance with generally accepted accounting principles.
. Information regarding the current performance, efficiency, and degree of
Implementation of emergency communications 8ervices in the region 8erved
by the RPC.
9.2 The RPC shall be responsible for collecting and reporting efficiency data on the
operation of each of the 9-1-1 answering points within Its region. The RPC shall
submit at a minimum the following information to the Commission, lit least once per
quarter of each fiscal year.
. Total 9-1-1 calls answered per month
. Average 9-1-1 call duration
. Outage of 9-1-1 Service (type and duration)
When available, the RPC shall also submit 1he following information to 1he
Commission, at least once per quarter of each fiscal year.
. Total \Nireline call answered per month
. Total Wireless 9-1-1 calls answered per month
In the event that an RPC Is unable to gather portions of the required efficiency data,
the RPC shall submit documentation to the Commission aalisfactorily explaining
why the RPC does not have the technical ability to collect and report that data.
Prior to submitting any such documentation, the RPC ahall make every effort to
request and receive the efficiency data from Its participating local govemments as
provided by Interlocal agreements. The RPC shall work with the Commission to.
Identify and procure necessary equipment and software to allow the timely
collection and reporting of all efficiency data that Is not available from other
sources.
Art 10. Use of An8werlng Points
10.1 The RPC shall comply with the minimum standards and guidelines established by
Commission Rule 251.1, Regional Plans for 9-1-1 Service, for the use of answering
points and the creation of new answering points in accordance with Texas Health &
Safety Code Section 771.078.
Art 11. Advanced Payments to RPC
.'
11.1 The Commission may advance funds to 1he RPC upon demonstration end
documentation that a financial emergency exists that will compromise the 9-1-1
system or impact public safety.
t
-
Conlrlct for 8-1-1 Service$
CSEC
hgeB
11.2 The Commission shall consider a financial emergency as a situation in which the
RPC requires additional emergency funding to sustain the culTent and normal
operation of 9-1-1 systems and their administration as well as to meet contractual
obligations as provided for in their approved stralegic plan: and that, without the
assistance of these additional funds. would result In a compromise of the 9-1-1
system or impact public safety,
11.3 Emergency funds may be distributed based upon the documented expenditures
creating the need. The advances of emergency funds will be used for specific
operational and administrative axpenses identified in the supporting documentation.
11.4 The executive board of the RPC will authorize the request for the emergency funds
advance with sufficient supporting documentation and forward the request to the
Commission. The request shall Inclpde a narrative description of what the funds
are to be used for, and how these expenditures relate to their Itrateglc plan.
11.5 The Commission may review the request for accuracy and compliance with the
current approved strategic plan. Upon review and approval of the request, the
Commission will disburse the necessary emergency advance, not to exceed the
approved strategic plan and the appropriation of revenues.
11.6 The advanced funds shall remain at the regionalleveJ, supporting operations and
administration expenses throughout the fiscal year, and wlll be reconcilecl In the
fourth quarter of each fiscal year.
Art. 12. Dispute Resolution
12.1 The dispute resolution process provided for in Chapter 2260, Subsection F. Title
10, of the Texas Govemment Code must be used by the Commission and the RPC
to attempt to resolve all disputes arising under this Contract. Disputes Include, but
are not limited to, disagreement between the parties about the meaning or
application of the RPC's proposed or "pproved Strategic Plan, the applicable law or
policy, or this Contract.
12.2 The parties desire to resolve disputes without litigation. Accordingly, If a dispute
arises, the parties agree to attempt in good faith to resolve the dispute between
themselves. To this end, the parties agree not to sue one another, except to
enforce compliance with this Art. 12. until they have exhausted the procedures set
out in this Art. 12.
12.3 At the written request of either party. each party shall appoint one non-lawyer ,I
representative to negotiate Informally and In good faith to resolve any dispute
arising between the parties. Notwithstanding Section 2230.052(b) of the Texas j
Govemment Code, the parties agree to apPOint their representatives and hold the
first negotiating meeting within 15 calendar days of receipt of the request. The
.....
Con!11let for J.1.1 S.rvIce~
CSEC
Pepell
representatives appointed shall determine the location, fonnat, frequency, and
duration of the negotiations,
12.4 If the representatives cannot resolve the dispute within 30 calendar days after the
first negotiation meeting, the parties agree to submit the dispute to mediation by an
administrative law judge employed by the State Office of Administrate Hearings
(SOAH), as authorized by Chapter 2009 of the Texas Government Code.
12,5 Within 45 calendar days after the effective date of this Contract. the Commission
agrees to contract with SOAH to rnecliate any future disputes between the parties
described In Article 12.1. Each party agrees to pay one-half the total fee and
expenses SOAH charges for conducting a mediation. and the Commission agrees
that the RPC'. share of the total is an allowable cost reimbursable to the RPC
under this Contract,
12.6 The parties agree to continue performing their duties under this Contract. which are
unaffected by the dispute, during the negotiation and mediation proceas.
12.7 If the parties are unable to settle their dispute by mediation, either party may
request a contested case hearing. under Section 2260.102 Df the Texas
Govemment Code.
Art. 13. Miscellaneous Provisions
13.1 The RPC shall work with the Commission, the local governments and PSAPs to
develop, maintain and regularly monitor performance of the operation and the
provision of 9-1-1 service and to develop and inplement risk assessment
processes. .
13.2 As the RPC becomes aware of the need for additional training Dr expertise relating
to the planning, development, Implementation or Dperatlon of 9-1-1 service
(including addressing or address maintenance activities), by the RPC, the local
govemments or PSAPs in their areas, the RPC shall notify the Commission
promptly of that need so that all parties may address that need In a timely manner.
13.3 Unless otherwise directed by the Commission, the RPC shall arrange for the
performance of an annual financial and compliance audit of funds received and
costs reimbursed under the terms of this Contract Including the Texas Uniform
Grant Management Standards. The RPIC shall be liable to the Commission for any
costs disallowed pursuant to financial *nd compliance audit(s) of funds received
under the terms of this Contract.
13.4 Funds reserved by the RPC for the purpose of replacing capital equipment in J
accordance with Commission Rule 251.5, Guidelines for 9-1.1 Equipment l
Management. Disposition and CaPit8/~ecovery, shall be placed In an interest
bearing bank account restricted to the urpose of such funds. Interest revenue
generated by such bank accounts shall strictly reserved for the &a1Tl8 purpose.
.,.
"
Contrer:t for t-1-1 Service.
CSEC
hg8 10
13.5 A summary of the approved RPC 9-1-1 Strategic Plan costs and revenue allocation
projections shall be made part of this Contract by way of attachment.
13.6 To the extent of any conflict between any Item in this Contract and an adopted
Commission rule, present or future, the Commission rule shall prevail over the item
In this Contract.
13.7 Any alterations, additions, or deletions to the terms of this Contract shall be made
by amendment hereto in writing and executed by both parties to this Contract.
13.8 This Contract terminates on August 31, 2000.
es . Goerke ecutive Director
Texas Commission on
State Emergency Communications
333 Guadalupe, Suite 2-212
Austin, Texas 76701-3942
II J,t.?
Date I
.
'/.{
r. Jim Fisher
Executive Director
Ark-Tex Council of Governments
P,O, Box 5307
Texarkana, TX 75505-5307
1/-/5-17
Date
,I
1
.fI"
EXHIBIT 'B' TO THE
ARK.TEX COUNCIL OF GOVERNMENTS
INTERLOCAL COOPERATION AGREEMENT
INVENTORY OF EQUIPMENT INSTALLED AT
PARIS POLICE DEPARTMENT
LAMAR COUNTY, TEXAS
MANlJPACl'V!II;ff";';':",,/;; ",/,.;, """, ",""EQ!.'lIPMENT""'/,,""i;;',,,,; /cc"
i ,'.'" ,'.",',~~",'~':~i;':;i,]&:~;!':/:",:LIlJ=s.aRfPtJbN,j;;X,':';G;iiH::
LEXMARK
2390+ SYSTEM PRINTER
11-9B174
6/1/91
FERRUPS
FE SERIES UPS
UNAVAIL.
6/1/91
APU #1 00329A 6/1/91
COMPAQ CP-75 MONITOR 650CB03EG382 6/1/91
(MODEL 620) KEYBOARD B07080A39EKB23 6/1/91
CPU 6710BBD1P646 6/1/91
APU #2 00331A 6/1/91
COMPAQ CP-75 MONITOR 650CB03EG24B 6/1/91
KEYBOARD B1 LJOA39EL29A 6/1/91
CPU 6710BBD1QOB2 6/1/91
APU #3 00330A 6/1/91
COMPAQ CP-75 MONITOR 650CB03EG252 6/1/91
KEYBOARD B07080A39EAPL 6/1/91
CPU 6710BBD1P878 6/1 /91
,I
t
,
I
I
I
I
!'
!
i
I
I
I
Date:
Signature:
11/01/99