2006-005-RES-911 SERV.
RESOLUTION NO. 2006-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR E-
911 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 - T ex 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-lex Council of
Governments and the City of Paris for E-911 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 Interlocal 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 9th day of January, 2006.
C\l
Curtis Fendley,
iQ_
ATTEST:
APPROVED AS TO FORM:
A,~
Lestock, Assistant City Attorney
Ark- T ex Council of Governments
Interlocal Agreement for E9-1-1
Service and PSAP Equipment
for
City of Paris, Texas
Ark-Tex Council of Governments
P. O. Box 5307
122 Plaza West
Texarkana, Texas 75505
903-832-8636 (Voice)
903-838-7376 (Fax)
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 uATCOG", 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. A TCOG 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 A TCOG 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
A TCOG and the CSEC, a copy of which has been attached as Exhibit "A",
A TCOG 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:
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
company(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 days a
year, for the City of Paris and Lamar County, Texas, and to abide by all
rules, regulations, performance training standards adopted by CSEC, or 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. to establish and implement procedures whereby A TCOG is notified of all
changes in municipal boundaries, newly incorporated municipalities, street
names and numbers, new rural subdivisions, additions of new streets and
changes in the areas served by emergency service providers so that
A TCOG may provide, maintain and update information as necessary in the
9-1-1 database;
d. 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 A TCOG of any new 9-1-1
calltakers/dispatchers to schedule for training;
e. to designate a single point of contact for the PSAP and provide said contact
information to A TCOG;
f. to maintain a cooperative working relationship with A TCOG and the
telephone companies for effective management of the 9-1-1 system;
g. to assist A TCOG on educating the public about the proper use of 9-1-1
through the news media, elected officials, community groups, volunteers and
others;
h. any test or statistical information required herein shall be reported to A TCOG
at times scheduled on forms specified by A TCOG as to the Public Agency's
performance of this Contract;
I. any equipment purchased by A TCOG, for the specific use of Public Agency, .
shall be owned by A TCOG;
j. A TCOG shall maintain a complete inventory of 9-1-1 equipment, said
inventory att~ched hereto as Exhibit "B". A physical inventory shall be
conducted annually by A TCOG;
k. the 9-1-1 equipment provided shall be used only for the processing of 9-1-1
calls;
I. the 9-1-1 equipment and related data shall be used only by authorized public
safety personnel. The PSAP shall notify A TCOG of any and all requests for
such data, prior to release of any 9-1-1 data;
m. 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 A TCOG as soon as possible after said loss is discovered;
n. practice preventive maintenance for the PSAP equipment;
o. provide emergency communications training to calltakers/dispatchers;
p. to adhere to Health & Safety Code, Section 771.061, Confidentiality of
Information, in maintaining 9-1-1 database information;
q. to back up data as necessary on a removable medium and storing the
removable medium in a secure place;
r. no unauthorized personnel are to service or repair the 9-1-1 system
components;
s. 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 for
all exchanges, placed from a wireline and wireless telephone; maintain a log
of said test calls, and submit copies of the logs to A TCOG monthly;
1. to test all Telecommunications Devices for the Deaf (TOO) for proper
operation and maintain user familiarity at least once a month; log all
TOO/TTY calls and TOO/TTY test calls, as required by the Americans with
Disabilities Act of 1990, and submit copies of the logs to A TCOG monthly;
u. 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;
v. 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 no control (Le., lightning, water as a result of flooding,
power failure, etc.);
w. to reimburse A TCOG 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-to-day use
of equipment;
x. PSAP personnel are responsible for reporting, to the appropriate party,
any hardware or software problems immediately when the problem is
first detected. The PSAP shall also contact and report all outages to
the A TCOG 9-1-1 Program Manager within 20 minutes of their
occurrence, if possible. The PSAP shall maintain a log of outages
reported and the resolution of same;
y. A TCOG is required by the CSEC to perform on-site monitoring of the PSAP
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. A TCOG will visit Public Agency's offices and monitor its
performance of this contract, no less than once annually, to ensure
compliance with applicable law. A TCOG will provide Public Agency a written
monitoring report within 30 calendar days of the visit. The report will
describe any compliance issues and schedule a follow-up visit if necessary.
z. The Texas Commission on State Emergency Communications has the
same inspection and visitation rights as ATCOG.
ARTICLE 3 - A TCOG OBLIGATIONS
3.01 A TCOG, 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 A TCOG agrees to maintain appropriate accounting and reporting mechanisms for
inclusion of 9-1-1 financial activities in an A TCOG annual audit.
3.03 A TCOG agrees to coordinate public education and information throughout the
system.
3.04 A TCOG agrees to serve as the Contracting entity with the appropriate telephone
companies for service and equipment.
3.05 A TCOG agrees to complete such reports and other documentation as may be
required by the CSEC, the PSAPs, the Public Agency, or the service providers.
3.06 Consistent with UGMS and applicable law, any equipment purchased by A TCOG
for the specific use of Public Agency, shall be owned by A TCOG.
3.07 Consistent with UGMS and applicable law, A TCOG shall maintain of a current
inventory of all 9-1-1 equipment located within the PSAP, as listed on the
attached Exhibit "B". A TCOG shall conduct physical inventories annually.
3.08 A TCOG shall continue 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.
3.09 A TCOG shall purchase supplies necessary for the continuous operation of the 9-
1-1 equipment, in compliance with proper procurement procedures.
ARTICLE 4 - COMPENSATION
4.01 A TCOG 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 A TCOG's sole source of funding for paying
the telephone company(ies) and other vendors is a legislative appropriation
distibuted by CSEC. If funds sufficient to pay the telephone companies and other
vendors are not received, A TCOG may notify the agency of this fact, and upon
receipt of this notice, the Public Agency's obligations under this Contract are
suspended until A TCOG is able to resume payments. If the suspension continues
for a cumulative total of 30 or more calendar days, or if the Commission
terminates its contract with A TCOG, A TCOG or Public Agency may terminate this
contract by giving the other notice of termination, and this contract terminates five
business days after the receipt of notice.
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 one hundred eighty
(180) days written notice to the other party hereto.
ARTICLE 6 - GENERAL PROVISIONS
6.01 The Public Agency is not an employee or agent of A TCOG, 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 requested, 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.
6.03 A TCOG's address is:
Ark-Tex Council of Governments
122 Plaza West
Texarkana, Texas, 75501
Attn: 9-1-1 Program Manager
6.04 Public Agency's address is:
City of Paris
2650 Clark Lane
Paris, Texas 75461
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 IIA" - Contract as executed by and between the Commission on
State Emergency Communications and the Ark-Tex Council' of
Governments
b. Exhibit liB" -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.
6.12 This Contract is executed in duplicate originals.
Executed this
day of
,2006.
ATTEST:
ARK-TEX COUNCIL OF
GOVERNMENTS
By: ~.k~~
L. D. Williamson
Executive Director
ATTEST:
CITY OF PARIS
By:
Name:
Title:
EXHIBIT "A"
Contract for 9-1-1 Services
Art.1. Parties and Purposes
1.1 The Texas Commission on State Emergency Communications ("Commission") 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 (ARKTEX) is
charged with the responsibility to provide these services in its region. Providing
these services requires a partnership among and cooperative efforts by the
Commission, the RPC and the state's local governments, which are represented on
the RPC's governing body.
1.2 The Commission and the RPC enter into this Contract for Services ("Contract") to
clarify and better define the rights and duties of each in carrying 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 ("applicable law") in
carrying out its strategic plan that has been approved by the Commission.
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 Title 1, Texas Administrative Code,
Chapters 251, 252, 253, and 255; the General Appropriations Act; the Uniform
Grant Management Standards (UGMS), Title 1, Texas Administrative Code,
Sections 5.151 - 5.167; the Preservation and Management of Local Government
Records Act, Texas Government Code, Chapter 441, Subchapter J; Texas Local
Government Code, Chapter 391; Texas Government 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 ("A PAil) , Texas
Government Code, Chapter 2001; any new or amended policy or procedure (other
than an adopted rule) shall be enforceable against the RPC 30 days following the
date of its adoption, unless the Commission 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 interpretations of Commission rules within a
reasonable time after same are adopted by the Commission.
CSEC
FY 2006-2007 Contract for 9-1-1 Service
page 1 of 11
2.4 The RPC shall repay any 9-1-1 surcharge funds and service fees ("9-1-1 funds")
expended by the RPC in noncompliance with applicable law. Such reimbursement
shall be made in accordance with established Commission policies and
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 771.078(c)(6), the
Commission may withhold disbursement of funds to a RPC that does not follow a
standard imposed by this Contract, a Commission rule and/or policy, or a statute.
2.6 The RPC shall maintain, at a minimum, a separate investment account for all 9-1-1
funds received. The RPC shall utilize an accounting system that complies with
Commission policies and procedures, and with the requirements as provided in
UGMS, Subpart C - Post Award Requirements, Section .20 - Standards for
Financial Management Systems, which requires the recipient of state funds, the
RPC, to maintain records which adequately identify the source and application of
funds provided for financially assisted activities. These records must contain
information pertaining to grant or sub grant awards and authorizations, obligations,
unobligated balances, assets, liabilities, outlays or expenditures, and income.
Art. 3. Monitoring Compliance
3.1 The RPC recognizes that the Commission reserves the right to perform monitoring
of the RPC and/or its performing local governments or Public Safety Answering
Points (PSAPs) for compliance with Commission rules and policies, as well as, all
applicable law, and the RPC agrees to cooperate fully with such monitoring.
3.2 The RPC recognizes that the Commission reserves the right to monitor RPC
financial procedures and validate financial reimbursement requests for compliance
with Commission rules and policies, accuracy, completeness, and appropriateness,
prior to the Commission releasing state appropriated funds.
Art. 4. Standard Interlocal Agreement with Local Governments
4.1 The RPC shall use interlocal agreements between itself and its local governments
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 UGMS as
established by the Governor's Office of Budget, Planning and Policy, under
the authority of Chapter 783 of the Texas Government Code; provide a
provision that the RPC will provide 9-1-1 funds to the local governments or
PSAPs on a cost reimbursement basis using a monitoring process that
provides assurance that the reimbursement requests from the local
governments and PSAPs are complete, accurate, and appropriate;
CSEC
FY 2006-2007 Contract for 9-1-1 Service
page 2 of 11 -
(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 governments and PSAPs shall return 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 return or reimbursement of 9-1-1 funds to the
RPC and/or the Commission, as applicable, shall be made by the local
government 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 UGMS and applicable law, addressing the
RPC's ownership, transfer of ownership, and/or control of equipment acquired
with 9-1-1 funds; in connection with the provisions of 9-1-1 service ("9.1-1
equipment");
(0 include a provision, consistent with UGMS and applicable law, requiring the
RPC to maintain a current inventory of all 9-1-1 equipment;
(g) include a provision requiring reimbursement to the RPC and/or the
Commission for damage to 9-1-1 equipment caused by intentional
misconduct, abuse, misuse or negligence by PSAP employees; though this
provision shall not include ordinary wear and tear or ordinary day to day use of
equipment;
(h) provide, consistent with UGMS 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 governments 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 database 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, and/or
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 performed
or will perform addressing or addressing database maintenance activities;
and
U) provide a commitment by the RPG, the local government, or PSAP, as
applicable, to continue addressing database maintenance activities in
accordance with the approved Regional Plan (including any approved
amendments) as a condition of the receipt of 9-1-1 funds as prescribed by the
RPC strategic plan.
CSEC
FY 2006-2007 Contract for 9-1-1 Service
page 3 of 11
Art. 5. 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, procedures or rules, in connection with the procurement of
any items to be obtained with 9-1-1 funds.
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 management system that
ensures contractors perform in accordance with the terms, conditions, and
specifications of their contracts or purchase orders.
5.4 The RPC shall maintain sufficient records detailing the history of procurement,
including the rationale for the method of procurement, the selection of contract type,
the contractor selection or rejection, and the basis for the contract price, as outlined
in the records retention requirements in UGMS.
Art. 6. Service Fee Funding
6.1 In accordance with Texas Health & Safety Code, Section 771.071, the Comptroller
of Public Accounts shall receive all land line service fees and wireless service fees
that are billed, collected and remitted by telecommunications service providers.
The Comptroller shall deposit money from the fees to the credit of the 9-1-1
services fee fund in the State Treasury.
6.2 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, Sections
771.071 (0 and 771.078, and any applicable requirements contained in
appropriation riders. Funds will be distributed to the RPC quarterly, according to
current Commission payment methodology, 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, Section 771.075.
6.3 The CSEC shall ensure that no more than $15,000,000 appropriated to the
Commission for the FY 2006 -- 2007 biennium shall be allocated to the RPCs for
administration of the statewide 9-1-1 program, according to the General
Appropriations Act.
CSEC
FY 2006-2007 Contract for 9-1-1 Service
page 4 of 11
6.4 None of the funds appropriated to the Commission to fund statewide 9-1-1
emergency communications and allocated to the RPC, may be used to replace or
fund a reserve for future replacement of 9-1-1 capital equipment.
6.4.1 The RPC shall assist the Commission in creating a ten (10) year
comprehensive statewide capital replacement plan for submittal to the
Legislative Budget Board no later than November 1st of each calendar year.
6.5 The RPC shall submit a Historically Underutilized Business (HUB) plan, pursuant to
Chapter 2161 of the government code.
6.6 As provided by Texas Health & Safety Code 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. The Governor's Office of Budget, Planning and
Policy will review and evaluate indirect costs using the federal Office of
Management and Budget circulars A-B? and A-122 or any rules relating to the
determination of indirect costs adopted under Chapter 783, Texas Government
Code.
6.7 In accordance with Texas Health & Safety Code, Section 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 Code, Sections 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 Fee Reyenue
Collected, Deposited and X
Appropriated to the Commission
Total Emergency Service Fees
Collected from the Region
Total Emergency Service Fees
Collected for the State
· Wireless service fee shall be calculated as follows:
Total Wireless Emergency Service Fee
Revenue Collected, Deposited X Population of Region
And Appropriated to the Commission
Population of State
6. 8 Upon a request from the RPC, the Commission shall provide the RPC with
documentation 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.
CSEC
FY 2006-2007 Contract for 9-1-1 Service
page 5 of 11
Art. 7. Surcharge
7.1 In accordance with Texas Health & Safety Code, Section 771.078(e), the
Commission may allocate surcharges under Section 771.072(d) by means of this
Contract.
7.2 Section 771.072 of Texas Health & Safety Code allows the Commission to
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 Revenue Allocation, it is the policy of the Commission to obligate
surcharge funds for the biennium, based upon the approved RPC strategic plan and
appropriated funds for the current biennium. 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. 9.1.1 Funds Distribution
8.1 The Commission will grant all 9-1-1 funds, both service fee and surcharge, in
accordance with Texas Law and CSEC rule and policy. As provided by Texas
Government Code, Article IX, General Appropriations Act, a state agency shall
distribute grants on a reimbursement basis, or as needed, unless otherwise
provided by statute or otherwise determined by the grantor agency to be
necessary for the purposes of the grant.
8.2 Quarterly disbursement of 9-1-1 funds to the RPC shall be made on a cost
reimbursement basis according to current Commission policy. If the RPC's
funding is depleted before the end of a fiscal quarter, a financial emergency
funding request may be made by the RPC to the Commission (see Art. 9. RPC
Emergency Fun~ing).
8.3 The Commission has determined that a proper public purpose is served by
providing start-up funding, at the beginning of each fiscal year, to the RPC for
payment of operating costs of the region's 9-1-1 system. Start-up funding to the
'RPC from the Commission may be made at the beginning of each fiscal year.
The Commission shall provide start-up funds to the RPC according to
Commission policy. Start-up funding is defined as cash from appropriated funds
provided by the Commission to the region to pay initial fiscal year 9-1-1 program
expenses, prior to the first quarterly reimbursement request being received. Any
remaining funds from the prior fiscal year, ending the preceding August 31st, shall
be returned to the Commission no later that October 30th each year.
CSEC
FY 2006-2007 Contract for 9-1-1 Service
Rage 6 of 11
Art. 9. RPC Emergency Funding
9.1 The Commission may provide appropriated funds to the RPC upon demonstration
and documentation that a financial emergency exists that will compromise the 9-1-1
system or impact public safety.
9.2 The Commission shall consider a financial emergency as a situation in which the
RPC requires additional funding to sustain the current and normal operation of
9-1-1 systems and their administration, as well as to meet contractual obligations
as provided for in their approved strategic 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. A financial emergency would arise, and public safety
compromised, if the 9-1-1 system was terminated due to non-payment of
InVOices.
9.3 Emergency funds may be distributed based upon the documented expenditures
creating the need. The provision of emergency funds will be used for specific
operational and administrative expenses identified in the supporting documentation.
9.4 The request shall include a narrative description of what the funds are to be used
for, and how these expenditures relate to their strategic plan.
9.5 The Commission will review the request for accuracy and compliance with the
current approved strategic plan and Commission policy. Upon review and approval
of the request, the Commission will disburse the necessary funding, not to exceed
the RPC approved strategic plan and the appropriation of revenues.
Art. 10. Strategic Planning
10.1 In accordance with Texas Health & Safety Code, Section 771.055, the RPC shall
develop a regional plan for the establishlTlent 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.
10.2 The RPC must update its regional plan at least once during each state fiscal
biennium, and must include the following:
10.2.1 A description of how money allocated to the region is to be allocated
throughout the region served by the RPC;
10.2.2 Projected financial operating information for the two state fiscal years
following the submission of the plan;
10.2.3 Strategic planning information for the five state fiscal years following
submission of the plan; and
10.2.4 A Historically Underutilized Business (HUB) plan, pursuant to Chapter
2161 of the Government Code.
CSEC _
FY 2006.2007 Contract for 9-1-1 Service
page 7 of 11
10.3 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, Section 771.056. In turn, the Commission shall consider the
appropriateness of the plan or amendment in satisfying the standards set by the
Commission, the cost and effectiveness of the plan or amendment, as well as the
appropriateness of the plan or amendment in context with overall statewide 9-1-1
servIce.
10.4 The Commission shall notify the RPC of the approval or disapproval of the regional
plan submission, or an amendment to the plan, in accordance with Commission
policy.
10.5 If the plan or amendment is approved, the Commission shall allocate to the RPC
from the money collected under Texas Health & Safety Code, Sections 771.071,
771.0711, and/or 771.072 as appropriated to the Commission, and in accordance
with the terms of this Contract.
10.6 The Commission may withhold distribution of funds to the RPC until an
administratively complete strategic plan is submitted according to Commission
policy, procedure and strategic planning guidelines.
Art. 11. Reporting Requirements
11.1 The RPC shall submit financial and performance information and reports regarding
9-1-1 service and administration to the Commission in accordance with Texas
Health & Safety Code Section 771.078. The RPC shall provide the reporting
information 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.
11.1.1 Financial information regarding administrative and program expenses
shall be reported in accordance with generally accepted accounting
principles.
11.1.2 Information regarding the current performance, efficiency, and degree
of implementation of emergency communications services in the region
served by the RPC.
11.2 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 information to the Commission, at least once per quarter of each fiscal year,
according to current Commission policy.
CSEC
FY 2006-2007 Contract for 9-1-1 Service
page 8 of 11
Art. 12. Use of Answering Points
12.1 The RPC shall comply with the minimum standards and guidelines established by
Commission Rule 251.1, Regional Strategic 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. 13. Dispute Resolution
13.1 The dispute resolution process provided for in Chapter 2260, Subsection F, Title
10, of the Texas Government 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 approved strategic plan, the applicable law or
policy, or this Contract. .
13.2 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. 13, until they have exhausted the procedures set
out in this Art. 13.
13.3 At the written request of either party, each party shall appoint one non-lawyer
representative to negotiate informally and in good faith to resolve any dispute
arising between the parties. Notwithstanding Section 2260.052(b) of the Texas
Government Code, the parties agree to appoint their representatives and hold the
first negotiating meeting within 15 calendar days of receipt of the request. The
representatives appointed shall determine the location, format, frequency, and
duration of the negotiations.
13.4 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.
13.5 Within 45 calendar days after the effective date of this Contract, the Commission
agrees to contract with SOAH to mediate any future disputes between the parties
described in Article 13.1. 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's share of the total is an allowable cost reimbursable to the RPC
under this Contract.
13.6 The parties agree to continue performing their duties under this Contract, which are
unaffected by the dispute, during the negotiation and mediation process.
CSEC
FY 2006-2007 Contract for 9-1-1 Service
page 9 0'11
13.7 If the parties are unable to settle their dispute by mediation, either party may
request a contested case hearing under Section 2260.102 of the Texas
Government Code.
Art. 14. Miscellaneous Provisions
14.1 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 implement risk assessment
processes.
14.2 As the RPC becomes aware of the need for additional training or expertise relating
to the planning, development, implementation or operation of 9-1-1 service
(including addressing or address maintenance activities), by the RPC, the local
governments 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.
14.3 Unless otherwise directed by the Commission, the RPC shall arrange for the
performance of an annual financial and compliance audit of its financial statements
and internal control environment according to the requirements of the Texas UGMS
and the Texas Single Audit Circular, as established by the Governor's Office of
Budget, Planning, and Policy, under the authority of Chapter 783 of the Texas
Government Code. The RPC shall be liable to the Commission for any costs
disallowed as a result of the audit of its financial statements and internal control
environment pursuant to funds received under the terms of this Contract.
14.4 The RPC recognizes the right of the State Auditor's Office to review and/or audit
the RPC's documentation and accounts relevant to the state-funded 9-1-1 program
as authorized by Texas Government Code, Chapter 321. Such an audit or review
is considered separate and apart from audits required by UGMS.
14.5 A summary of the approved RPC 9-1-1 strategic plan costs and revenue allocations .
shall be made part of this Contract by way of Attachment A, Recipient 9-1-1 Costs
Summary.
14.6 The RPC shall provide, at a minimum, the CSEC with all reports and/or information
as required by Commission policy.
14.7 To the extent of any confiict 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.
14.8 This Contract sets forth all of the representations, promises, agreements,
conditions, and understandings between the RPC and the CSEC relating to the
subject matter of the Contract, and supersedes any prior or contemporaneous
representations, promises, agreements, conditions, or understandings, whether
oral or written, in any way relating to the subject matter hereof.
CSEC
FY 2006-2007 Contract for 9-1-1 Service
page 10 of 11
14.9 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.
14.10 This Contract takes effect on the date it is signed on behalf of the Commission, and
shall terminate on August 31 of the second year of the biennium.
AGREED TO:
i') d Ik
{/ h '
~(III..../ ftlJvv {
Paul Mallett
Executive Director
Texas Commission on
State Emergency Communications
333 Guadalupe, Suite 2-212
Austin, Texas 78701-3942
1 /;f/r;~
Date /
'$fil"i -t -2et-(~-A>--
Mr. L. D. Williamson
Executive Director
Ark-Tex Council of Governments
P.O. Box 5307
Texarkana, TX 75505-5307
cf - f '0..':.-
Date
CSEC
FY 2006-2007 Contract for 9-1-1 Service
page 11 of 11
EXHIBIT IB' TO THE
ARK-TEX COUNCIL OF GOVERNMENTS
INTERLOCAL COOPERATION AGREEMENT
INVENTORY OF EQUIPMENT INSTALLED AT
PARIS POLICE DEPARTMENT
LAMAR COUNTY, TEXAS
PSAP INVENTORY
ARK-TEX COUNCIL OF GOVERNMENTS
PSAP:
COUNTY:
PARIS P.o. 10/18/2005
LAMAR
MANUFACTURER EQUIPMENT SERIAL INSTALL ATCOG INV.
MAARS Cabinet Monitor and Key Board 4084
FERRUPS FE SERIES UPS UNAVAIL.
DICTAPHONE 32 CH GUARDIAN 32241-032 (COST S42181
SWB ROUTER CISCO JAB040533CS Aug-OO 3459
AT&T ROUTER CISCO JAB043751FD AUQ-OO 3460
APU #1
GATEWAY CPU 6X27 JYFZTOSG 9/10/2002 4085
MONITOR 204218758 9/10/2002 3804
APU #2
GATEWAY CPU 6X27 JYFZTOSG 9/10/2002 4086
MONITOR 204219163 9/10/2002 3796
APU #3
GATEWAY CPU 6X27 JYFZTORX 9/10/2002 4088
- MONITOR 204218759 9/10/2002 3794
EPSON STYLUS-C80 All PRINTER D33E590609 9/10/02 4087
Ultratec TDD 17822728031 3754
Ultratec TOO 17822728031 3754
MAPPED All
MONITORS &
SOFTWARE
3 Brackets for monitors
NEC MONITOR 46122202YA 2/1/2005 3825
NEC MONITOR 46122204YA 2/1/2005 3826
NEC MONITOR , 46122192YA 2/1/2005 3827
MAGIC CPE aND
SOFTWARE
MAARS RACK Monitor FE-770-BK 4X9123AYA 2/1/2005 3797
LEXMARK 2390 + 911 PRINTER 11-9B 174
MAARS RACK Server MOOKLNG23J 2/1/2005
CPU HPG3 317821002 2/1/2005 3806
Maoic Printer HP Laser Jet 1012 CNFB775626 2/1/2005 4083
All Printer HP Desk Jet 6122 MY 48J2BOM9 2/1/2005 n/a