2003-165-RES APPROVING/AUTHORIZATION OF PURCHASE OF 911 SERVICE AND PSAP EQUIPMENT BETWEEN COP AND ARK-TEX COUNCIL OF GOVERNMENTS
RESOLUTION NO. 2003-165
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- 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 ofthe
Health and Safety Code; and,
WHEREAS, Chapter 791 of the Government Code, entitled "The Interlocal 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 to this resolution are hereby in all things
approved.
Section 2. That an Interlocal Agreement for E-911 services and PSAP equipment by and
between the Ark- Tex Council of Governments and the City of Paris, attached hereto as Exhibit A,
be, and the same is hereby, approved.
Section 3. That the City Manager be, and he is hereby, authorized and directed to execute
and the City Clerk to attest, on behalf of the City of Paris, an Interlocal Agreement with the Ark-
Texas Council of Governments, under the terms and conditions and in the form shown in Exhibit
A, attached hereto.
Section 4. That, to the extent the aforesaid Jnterlocal 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 5. 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 6. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 6th day of November, 2003.
')
Curtis Fendley, Mayor
Q~
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Ark-Tex 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)
EXHIBIT A
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. 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
ATCOG 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 ATCOG 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 ATCOG;
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 ATCOG 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. ATCOG shall maintain a complete inventory of 9-1-1 equipment, said
inventory attached 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
placed from a wireline and wireless telephone; maintain a log of said test
calls, and submit copies of the logs to A TCOG monthly;
t. to test all Telecommunications Devices for the Deaf (TOO) for proper
operation and maintain user familiarity at least once a month; log all
TDD/TTY calls and TDD/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 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-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 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 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 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 ATCOG 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". ATCOG shall conduct physical inventories annually.
3.08 A TCOG shall continue address maintenance activities for Cass 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 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 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, 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 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 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 js 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 "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 tG> 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
,2003.
ATTEST:
ARK-TEX COUNCIL OF
GOVERNMENTS
BY:~",,~~.- ,-
. D. Williamson
Executive Director
ATTEST:
CITY OF PARIS
By:
Name:
Title:
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 ("RPC") 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 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 ("APA"), 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.
RECEIVED
SEP 2 3 2Qn~,
CSEC
CSEC
FY 200412005 Contract for 9-1-1 Services
page 2
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 recetved. 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 subgrant 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 and Planning, under the
authority of Chapter 783 of the Texas Government Code;
CSEC
FY 200412005 Contract TOr 9-1-1 Services
page 3
(b) provide a provision that the RPC will provide 9-1-1 funds to the local
governments or PSAPs on a reimbursement basis using a monitoring process
that provides assurance that the reimbursement requests from the local
governments and PSAPs are complete, accurate, and appropriate;
(c) 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.
(d) 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;
(e) 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;
(f) 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");
(g) include a provision, consistent with UGMS and applicable law, requiring the
RPC to maintain a current inventory of all 9-1-1 equipment;
(h) 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;
(i) 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;
U) 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
1
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CSEC
FY 2004/2005 Contract for 9-1-1 Services
page 4
(k) provide a commitment by the RPC, 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.
Art. 5. Competitive Procurement and Contract Administration
5.1 The RPC shall use competitb/e procurement practices and procedures similar to
those required by state law for local governments, as well as any additional
CommissiQn policies, in connection with the procurement of any items to be
obtained with 9-1-1 funds. For purposes of this Contract, the Texas Association of
Regional Councils' ("TARC") Model Procurement Policy is considered sufficiently
similar to the state law involved. Before entering any sole source 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, the
Commission shall respond to the RPC per current Commission policy.
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. The RPC shall include
performance bonds, a provision making refunds available for lack of quality
performance, and/or contractual performance penalties in contracts with vendors to
be paid from 9-1-1. funds. The RPC shall also include contract termination and
modification provisions that promote quality performance and compliance by
vendors for contracted items or services. The RPC shall notify the Commission of
any performance or compliance issues with vendors per current Commission policy.
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 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, as amended by
House Bill 1983 (76th Legislative Session), the Comptroller shall receive all land line
service fees and wireless service fees that are billed, collected and remitted by
1
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CSEC
FY 2004/2005 Contract for 9-1-1 Services
page 5
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 (f)
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 Before the Commission makes a contract payment to the RPC from the 9-1-1
Services Fee Account for 9-1-1 service contract, the Commission shall ensure that
the RPC has spent all balances and interest earned from emergency service fees
for land line and wireless telecommunication services billed prior to August 31, 1999,
and held outside the State Treasury, as well as, any unexpended balances in funds
reserved to replace 9-1-1 capital equipment remaining after acquisition of equipment
scheduled for replacement during the 2004-05 biennium.
6.4 The CSEC shall ensure that no more than $15,000,000 appropriated to the
Commission for the FY 2004-05 biennium shall be allocated to the RPCs for
administration of the statewide 9-1-1 program, according to current Commission
policy.
6.5 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.
6.5.1 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 1, 2003.
6.6 The RPC shall submit a Historically Underutilized Business (HUB) plan, pursuant to
Chapter 2161 of the government code.
6.7 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 will review and evaluate indirect
costs and shall use the federal Office of Management and Budget circulars A-8? and
A-122 or use any rules relating to the determination of indirect costs adopted under
Chapter 783, Texas Government Code.
CSEC
FY 2004/2005 Contract for 9-1-1 Services
page 6
6.8 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 Revenue
Collected, Deposited and
App~opriated to the Commission X
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
and Appropriated to the Commission
Population of Region
Population of State
6. 9 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.
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 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 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.
CSEC
FY 2004/2005 Contract for 9-1-1 Services
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Art. 8. 9-1-1 Funds Distribution
8.1 The Commission will distribute 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, Section 6.34 (a), 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
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 Funding).
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 for the current
fiscal year. Start-up funds from the prior fiscal year, ending the preceding August
31St, shall be returned to the Commission no later that October 30th each year.
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.
CSEC
FY 2004/2005 Contract for 9-1-1 Services
page 8
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 agency policy statements. 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.
9.6 The advanced funds shall remain at the regional level, supporting operations and
administration expenses throughout the fiscal year, and will be reconciled in the
fourth quarter of each fiscal year.
Art. 10. Strategic Planning
10.1 In accordance with Texas Health & Safety Code, Section 771.055, as amended by
House Bill 1983 (76th Legislative Session), the RPC shall develop a regional plan for
the 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.
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;
Strategic planning information for the five state fiscal years following
submission of the plan; and
10.2.3
10.2.4
A Historically Underutilized Business (HUB) plan, pursuant to Chapter
2161 of the Government Code.
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.
CSEC
FY 2004/2005 Contract for 9-1-1 Services
page 9
10.4 The Commission shall notify the RPC of the approval or disapproval of the regional
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 Revenue 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.
10.5 If the plan or amendment is approved, the Commission shall allocate to the RPC
from the fl]oney 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 at a minimum the following information to the Commission, at least once per
quarter of each fiscal year, according to current Commission policy.
11.2.1
11.2.2
Total 9-1-1 calls answered per month
Outage of 9-1-1 service (type and duration)
1
I
CSEC
FY 2004/2005 Contract ror 9-1-1 SeNices
page 10
11.2.3
11.2.4
Total Wireline calls answered per month
Total Wireless 9-1-1 calls answered per month
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 2230.052(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 toe 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 law.
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.
CSEC
FY 2004/2005 Contract for 9-1-1 Services
page 11
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.
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 and Planning, 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.
14.6 The RPC shall provide, at a minimum, the CSEC with the following reports and/or
information as required by Commission policy:
14.6.1
14.6.2
14.6.3
14.6.4
Quarterly Financial Status Reports
Quarterly Performance Reports
Compliance monitoring information, data and documentation
Supporting documentation for CSEC financial monitoring and sampling
CSEC
FY 2004/2005 ContraCt . Jr 9-1-1 SeNices
page 12
14.6.5
14.6.6
14.6.7
14.6.8
Encumbrance and Payables Reporting
Post Fiscal Year-End Reporting
Emergency Funding Requests - supporting documentation
Plan Amendments as required by Commission
14.7 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.
14.8 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.
14.9 This Contract takes effect on the date it is signed on behalf of the Commission, and
it terminates on August 31 of the second year of the biennium.
AGREED TO:
fpJ~
Paul Mallett
Executive Director
Texas Commission on
State Emergency Communications
333 Guadaluoe, SuitP. ?-?1?
rfJ !~J
Date I
&-t'U'Le~4'<~
~1v1r. L. D. Williamson'. 'Executive Director
Ark-Tex Council of Governments
P. O. Box 5307
Texarkana, Texas 75505-5307
y---/r' o&>/'
Date
MANUFACTURER
EXHIBIT 'B' TO THE
ARK-TEX COUNCIL OF GOVERNMENTS
INTERLOCAL COOPERATION AGREEMENT
INVENTORY OF EQUIPMENT INSTALLED AT
PARIS POLICE DEPARTMENT
LAMAR COUNTY, TEXAS
EQUIPMENT
DESCRIPTION
SERIAL
NUMBER
INSTALL
DATE
MAARS CABINET
Monitor and
MAARS Cabinet Kev Board
12390 + 911
LEXMARK PRINTER 11-9B174
FE SERIES
FERRUPS UPS UNAVAIL.
DICTAPHONE ~2 CH GUARDIAN 32241-032 (COST SHARE) S42181 Jan-OO
SWB ROUTER CISCO JAB040533CS AUQ-OO
AT&T ROUTER CISCO JAB043751FD Aug-OO
APU #1
GATEWAY CPU 6X27 JYFZTOSG 9/10/2002
MONITOR 1204218758 9/10/2002
APU #2
GATEWAY CPU 6X27 JYFZTOSG 9/10/2002
.
MONITOR 1204219163 9/10/2002
APU #3
GATEWAY CPU ~X27 JYFZTORX 9/10/2002
MONITOR 1204218759 9/10/2002
IrDDrrTY 17822728031 8/15/2003
EPSON STYLUS-C80 D33E590609 9/10/02
Ultratec TOO 17822728031