17-RES AUTHORIZING INTERLOCAL AGREEMENT BETWEEN ARK-TEX COUNCIL OF GOVERNMENTS FOR E9-1-1 SERVICE AND PSAP EQUIPCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
12/22/2011
Council Date:
Police
Chief Hundley
17.
O 1 /09/2011
RECOMMENDED MOTION:
Move to approve a resolution authorizing an Interlocal agreement between the Ark-Tex Council of
Governments for E9-1-1 service and PSAP Equipment for the City of Paris and authorizing the Mayor to
execute all necessary documents.
POLICY ISSUE(S):
E9-1-1 Service, Public Safety; Communications
BACKGROUND:
The City of Paris Police Department has been the Public Safety Answering Point (PSAP) since the
inception of 9-1-1 service for Paris and Lamar County. Every two years, the interlocal agreement
between the Ark-Tex Council of Governments has been executed to continue this service. The COG is
the administrator for E9-1-1 Service for region. The term of the interlocal agreement is September 1,
2011 through August 31, 2013. Staff received the packet on November 30, 2011.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution and Interlocal Agreement
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
❑ Department Report ~ Resolution
Budgeted Amt.
❑ Presentation ❑ Ordinance
y'I'D Actual
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
There is no cost associated with this agreement.
REVIEWED AND APPROVED BY:
~ Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court M Legal ❑ Library E Police ❑ Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
105
DRAFT
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR
E9-1-1 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.
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-9-1-1 service and PSAP equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That an Interlocal Agreement by and between the Ark-Tex Council of
Governments and the City of Paris for E-9-1-1 services and PSAP equipment is hereby
approved, a copy of which is attached hereto and for all purposes incorporated herein as
Exhibit "A", and that the City Manager be, and he is hereby, authorized and directed to
execute, on behalf of the City of Paris, any necessary documents.
-1 106
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 service and functions performed.
Section 5. That this resolution shall be effective from and after the date of
passage.
PASSED AND APPROVED this 9th day of January, 2012.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
107
A~~~~EX
COUNC« aF
GOV'ERNMENTS
W -rl " K
maKe
` ~ALL
RECEIVED
DEC 0 8 2011
November 30, 2011
CITY MANAGER
PARIS, TEXAS
Mr. Aryumand H i, Mayor
City of Paris
P. O. Bo 37
Paris exas 75460-9037
Re: Interlocal Agreement for E9-1-1 Service
Dear Mayor Hashmi:
Enclosed herewith, please find two original Interlocal Agreement for E9-1-1 Service and PSAP
Equipment for the City of Paris. This agreement, basically, is like in form to the agreement
executed in 2009, and contains updated Exhibits"A" through "E", including Exhibit "B", PSAP
Equipment Inventory.
Please cause this instrument to be brought before the City Council for approval, if necessary.
Upon approval, please execute both instruments where marlced, on the signature page of the
agreement and also on Exhibit "A". Please retum one executed copy to the undersigned along
with a copy of the Resolution of the City Council, if required.
We appreciate your response to this request. If you have any questions, please feel free to
contact the undersigned.
Yours truly,
andi Embr
rogram Manager
SSE
Encl
POST OFFICE BOX 5307 • TEXARKANA, U.S.A. 75505-5307 •TELEPHONE (903) 832-8636 • FAX (903) 832-3441 •TTY/TDD (903) 832-5351
Equal Opportunity Employer/Program • Auxiliary Aids and Services are available upon request to individuals with disabilities.
1 l~
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
4808 Elizabeth St.
Texarkana,Texas 75505
903-832-8636 (Voice)
903-832-3441 (Fax)
Rev 042009 1 09
ARK-TEX COUNCIL OF GOVERNMENTS
INTERLOCAL AGREEMENT FOR E94 -1 PUBLIC SAFETY
ANSWERING POINT SERVICES AND PSAP EQUIPMENT
Article 1: Parties & Purpose
1.1 The Ark-Tex Council of Governments (RPC) 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.
The RPC has developed a Strategic Plan to establish and operate 9-1-1 service
(Strategic Plan) in State Planning Region 5(Region), and the Commission on State
Emergency Communications (Commission) has approved its current Strategic Plan.
1.2 The Citv of Paris, Texas, (Local Government) is a local government that operates
a Public Safety Answering Point (PSAP) that assists in implementing the Strategic Plan
as approved by the Commission.
1.3 The Commission, as authorized by Health & Safety Code, Chapter 771, is the
oversight and funding authority for regional planning commissions implementing 9-1-1
service.
1.4 The Contract for 9-1-1 Services between the Commission and the RPC requires
the RPC to execute interlocal agreements with local governments relating to the planning,
development, operation, and provision of 9-1-1 service, the use of wireline and wireless 9-
1-1 fees and equalization surcharge appropriated to the Commission and granted to the
RPC (9-1-1 Funds) and adherence to Applicable Law.
Article 2: Applicable Law
2.1 Applicable laws include, but are not limited to, the Texas Health and Safety Code
Chapter 771; Commission Rules (Title 1, Part 12, Texas Administrative Code) and
Program Policy Statements; the biennial state General Appropriations Act, Texas
Government Code (including Uniform Grant and Contract Management Standards
[UGMS]), Chapter 783 and Title 1, Part 1, Chapter 5, Subchapter A, Division 4, Texas
Administrative Code; Preservation and Management of Local Government Records Act,
Chapter 441, Subchapter J; and Resolution of Certain Contract Claims Against the State,
Chapter 2260); Texas Local Government Code (including Regional Planning Commissions
Act, Chapter 391).
2.2 Any new or amended policy or procedure, other than an adopted rule, shall be
enforceable against the Local Government 30 days following the date of its adoption
unless the RPC finds and declares that an emergency exists which requires that such
policy or procedure be enforceable immediately. The RPC shall provide the Local
Government written notice of all new or amended policies, procedures or interpretations
of Commission rules within a reasonable time after adoption, and in any event at least 10
- 1 110
days prior to the time such policies or procedures are enforceable against the Local
Government.
Article 3: Deliverables
3.1 The Local Government agrees to:
3.1.1 Operate and maintain one PSAP located at the Paris Police Department,
2910 Clarksville St., Paris, Texas 75460;
3.1.2 Provide 9-1-1 public safety answering service 24 hours per day, seven days
per week; and
3.1.3 Cooperate with the RPC in providing and maintaining suitable PSAP space
meeting all technical requirements.
3.2 Ownership, Transference & Disposition of Equipment
3.2.1. The RPC and the Local Government shall comply with Applicable Law, in
regards to the ownership, transfer of ownership, and/or control of equipment
acquired with 9-1-1 Funds in connection with the provision of 9-1-1 service (9-1-1
equipment).
3.2.2 The RPC shall establish ownership of all 9-1-1 equipment located within the
Local Government's jurisdiction. The RPC may maintain ownership, or it may
agree to transfer ownership to the Local Government according to established
policy.
3.2.3 The Local Government shall ensure that sufficient controls and security
exist by which to protect and safeguard the 9-1-1 equipment against loss, damage
or theft.
3.2.4 Ownership and transfer-of-ownership documents shall be prepared by the
RPC and signed by both parties upon establishing ownership or transference of
ownership of any such 9-1-1 equipment in accordance with UGMS and the State
Comptroller of Public Accounts. Sample forms are provided as Attachments A and
B to this Agreement.
3.2.5 Replacement insurance on 9-1-1 equipment shall be purchased and
maintained by the RPC and proof of insurance shall be provided upon request.
3.2.6 The RPC and/or the Commission shall be reimbursed by the Local
Government for any damage to 9-1-1 equipment other than ordinary wear and tear.
3.3 Inventory
111
3.3.1 The RPC shail maintain a current inventory of all 9-1-1 equipment
consistent with Applicable Law;
3.3.2 All 9-1-1 equipment shall be tagged with identification labels.
3.3.3 Any lost or stolen 9-1-1 equipment shall be reported to the RPC as soon as
possible.
3.4 Security
3.4.1 The Local Government shall limit access to all 9-9-1 equipment and related
data only to authorized personnel.
3.5 Training
3.5.1 The Local Government shall notify the RPC of any new 9-1-1 call takers and
schedule for applicable training as soon as possible.
3.6 Operations
The Local Government shall:
3.6.1 Designate a PSAP supervisor and provide related contacf information to the
RPC;
3.6.2 Monitor and test the 9-1-1 equipment and report any failures or
maintenance issues immediately to the appropriate maintenance vendor and/or the
RPC;
3.6.3 Coordinate with the RPC and local elected officials in the planning for and
implementation and operation of all 9-1-1 equipment;
3.6.4 Allow 24-hour access to the 9-1-1 equipment for repair and maintenance
service, as required;
3.6.5 Assist the RPC in conducting inspections of all 9-1-1 equipment at the
PSAP as identified by the RPC for quality assurance;
3.6.6 Test all Telecommunications Devices for the Deaf (TDD) for proper
operation;
3.6.7 Log all TDD 9-1-1 calls and equipment testing as required by the Americans
with Disabilities Act of 1990;
3.6.8 Log all trouble reports and make copies available to the RPC as required by
the RPC;
112
3.6.9 Make no changes to 9-1-1 equipment, software or programs without prior
written consent from the RPC.
Articie 4: Performance Monitoring
4.1 The RPC and the Commission reserve the right to perform on-site monitoring of
the PSAP(s) for compliance with Applicable Law and performance of the deliverables
specified in this Agreement. The Local Government agrees to fully cooperate with all
monitoring requests from the RPC and/or the Commission for such purposes.
Article 5: Procurement
5.1 The RPC and the Local Government agree to use competitive procurement
practices and procedures required by Applicable Law and RPC procurement policies in
connection with any procurement to be funded with 9-1-1 Funds.
5.2 The RPC shall purchase supplies necessary for performance of the deliverables
per this Agreement including, but not limited to, printer paper, DVDs, and print cartridges.
Article 6: Financial
6.1 As authorized by Applicable Law, the provisioning of 9-1-1 service throughout the
Region is funded by Commission grants of appropriated 9-1-1 Funds.
6.2 The RPC will provide 9-1-1 Funds to the Local Government on a cost
reimbursement basis using a monitoring process that provides assurance that the
reimbursement requests from the Local Government are complete, accurate, and
appropriate.
6.3 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.
6.4 The Local Government shall reimburse the RPC and/or the Commission, as
applicable, any 9-1-1 Funds used in noncompliance with Applicable Law.
6.5 Such reimbursement of 9-1-1 Funds to the RPC and/or the Commission, as
applicable, shall be made by the Local Government within 60 days after demand by the
RPC, unless an alternative repayment plan is approved by the RPC and then submitted to
the Commission for approval.
6.6 The Local Government commits to providing 9-1-1 services as a condition to
receiving 9-1-1 Funds as prescribed by the RPC's Strategic Plan and any amendments
thereto.
Article 7: Records
7.1 The Local Government will maintain adequate fiscal records and supporting
documentation of all 9-1-1 Funds reimbursed to the Local Government for 9-1-1 service
113
consistent with Applicable Law and generally accepted accounting principles and as
approved in the RPC's current approved Strategic Plan;
7.2 The RPC or its duly authorized representative shall have access to and the right to
examine and audit 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 services related to this
Agreement.
7.3 The Commission and State Auditor's Office shall have the same access and
examination rights as the RPC.
Article 8: Assignment
8.1 The Local Government may not assign its rights or subcontract its duties under this
Agreement. An attempted assignment or subcontract in violation of this paragraph is
void.
Article 9: Nondiscrimination and Equal Opportunity
9.1 The RPC and the Local Government shall not exclude anyone from participating
under this Agreement, deny anyone benefits under this Agreement, or otherwise
unlawfully discriminate against anyone in carrying out this Agreement because of race,
color, religion, sex, age, disability, handicap, or national origin.
Article 10: Dispute Resolution
10.1 Disputes include, but are not limited to, disagreement between the parties about
the meaning or application of the Strategic Plan, the Applicabfe Law or policy, or this
Agreement.
10.2 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 them. To
this end, the parties agree not to sue one another, except to enforce compliance with this
Article 10, until they have exhausted the procedures set out in this Article 10.
10.3 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. The representatives appointed shall determine the location, format,
frequency, and duration of the negotiations.
10.4 If the representatives cannot resolve the dispute within 30 calendar days after the
first negotiation meeting, the parties agree to submit the dispute to a mutually designated
legal mediator. Each party shall pay one-half the total fee and expenses for conducting
the mediation.
10.5 The parties agree to continue performing their duties under this Agreement,
which are unaffected by the dispute, during the negotiation and mediation process.
- 114
10.6 If inediation does not resolve the parties' dispute, the parties may pursue their
legal and equitable remedies.
Article 11: Suspension for Unavailability of Funds
11.1 In the event that (i) the RPC's approved budget and/or appropriations to the
Commission from the Texas Legislature do not permit or otherwise appropriate funds for
reimbursement to Local Government provided for in this Agreement, and (ii) such lack of
permission or non-appropriation shall not have resulted from any act or failure to act on
the part of the RPC, and (iii) the RPC has exhausted all funds legally available for
reimbursement to Local Government, and no other legal procedure shall exist whereby
payment hereunder can be made to Local Government; and (iv) RPC has negotiated in
good faith with Local Government to develop an alternative payment schedule or new
agreement that will accommodate RPC's approved budget and/or appropriations for the
applicable period, then RPC will not be obligated to reimburse the Local Government for
the applicable budget year(s).
Article 12: Notice to Parties
12.1 Notice under this Agreement must be in writing and received by the party against
whom it is to operate. Notice is received by a party (1) when it is delivered to the party
personally; or (2) on the date shown on the return receipt if mailed by registered or
certified mail, return receipt requested, to the party's address specified in this Article and
signed on behalf of the party.
12.2 The RPC's address is:
Ark-Tex Council of Governments
4808 Elizabeth St.
Texarkana, Texas 75505
The Local Government's address is:
City of Paris
P. O. Box 9037
Paris, Texas 75460
12.3 A party may change its address by providing notice of the change in accordance
with paragraph 12.1.
Article 13: Effective Date and Term
13.1 This Agreement is effective as of September 1, 2011, and shall terminate on
August 31, 2013.
13.2 In the event of default in the performance of this Agreement, the non-defaulting
party may terminate this Agreement after providing written notice of the default to the
115
defaulting party, and the failure of the defaulting party to cure said default within 30
calendar days of said notice.
13.3 If this Agreement is terminated for any reason, the RPC shall not be liable to the
Local Government for any damages, claims, losses, or any other amounts arising from or
related to any such termination.
Article 14: Force Majeure
14.1 The RPC may grant relief from pertormance of the Agreement if the Local
Government is prevented from performance by act of war, order of legal authority, act of
God, or other unavoidable cause not attributable to the fault or negligence of the Local
Government. The burden of proof for the need of such relief shall rest upon the Local
Government. To obtain release based on force majeure, the Local Government shall file
a written request with the RPC.
Article 15: Confidentiality
15.1 The parties will comply with the Texas Public Information Act, Government Code,
Chapter 552 as interpreted by judicial opinions and opinions of the Attorney General of
the State of Texas. This Agreement and all data and other information generated or
otherwise obtained in its performance may be subject to the Texas Public Information Act.
The parties agree to maintain the confidentiality of information received during the
performance of this Agreement.
15.2 The Local Government or its duly authorized representative will notify the RPC
upon receipt of any requests for information.
Article 16: Indemnification
16.1 To the extent authorized by law, each party agrees to indemnify the other and
agrees to defend its governing body members, officers and employees, against any claim,
suit or administrative proceeding, and to indemnify them against any liability including all
costs, expenses, and reasonable attorney's fees incurred arising out of an act or omission
of the governing body, any officer, employee or agent in carrying out this Agreement.
Article 17. Historically Underutilized Business Requirements
17.1 The Local Government shall comply with requirements of Chapter 2261 of the
Government Code regarding Historically Underutilized Businesses.
Article 18: Miscellaneous
18.1 For purposes of this Agreement, terms not specifically defined herein are defined
in the Applicable Laws.
116
18.2 Each individual signing this Agreement on behalf of a party warrants that he or she
is legally authorized to do so, and that the party is legally authorized to perform the
obligations undertaken.
18.3 This Agreement constitutes the entire agreement between the parties and
supersedes any and all oral or written agreements between the parties relating to matters
herein. An amendment to this Agreement is not effective unless in writing and signed by
both parties.
18.4 All parties agree that should any provision of this Agreement be determined to be
invalid or unenforceable, such determination shall not affect the term of this Agreement,
which shall continue in full force and effect.
18.5 The following Attachments are part of this Agreement:
Attachment A Ownership Agreement
Attachment B PSAP Inventory
Attachment C Scope of Work
Attachment D PSAP Operations Performance Measures and Monitoring
Attachment E Commission Documents - Legislation, Rules and Program
Policy Statements
18.6 This Agreement is binding on, and to the benefit of, the parties' successors in
interest.
18.7 This Agreement is executed in duplicate originals.
ARK-TEX COUNCIL OF GOVERNMENTS CITY OF PARIS
g
Y~~~:~~.~ t
By:
Name: L. D. Williamson
Title: Executive Director
Date: Ai'~" %
Name: Arjumand Hashmi
Title: Mayor
Date:
117
Attachment A
Ownership Agreement
As stipulated in Article 3 of the Agreement, the RPC shall establish ownership of all 9-1-1
equipment located within the Local Government's jurisdiction.
The RPC hereby establishes all 9-1-1 equipment located at the Paris Police Department,
2910 Clarksville St., Paris, Texas, and purchased solely by RPC to be the property of the
Ark-Tex Council of Governments, hereinafter referred to as "Owner". Following is an
itemized listing of 9-1-1 equipment, attached hereto and made a part hereof as
Attachment B, hereby defined as the property of Owner.
ARK-TEX COUNCIL OF GOVERNMENTS
~ •
By
CITY OF PARIS
By:
Name: L. D. Williamson
Title: Executive Director
Date:
,
Name: Arjumand Hashmi
Title: Mayor
Date:
118
Attachment B
Revised 10/18/11 SE
PSAPINVENTORY
ARK-TEX COUNCIL OF GOVERNMENTS
PSAP: PARIS P.D.
COUNTY: LAMAR
MANUFACTURER
EQUIPMENT
DESCRIPTION
SERIAL
NUMBER
INSTALL
DATE
ATCOG
INV. NO.
New E ui ment Instailed: 10/18/11
Position #1
Deil 190St 19" monitor
CN-ORNMH6-74445-13F-BL3L
10/18/2011
5244
Dell 190St 19" monitor
CN-ORNMH6-74445-13F-BJML
10/18/2011
5245
CPU-HP Z200
2UA1071460
10/18/2011
5255
AC U
11116K
10/18/2011
5263
Nortel Phoneset T 7316E
NNTMHPGOK2LR
1/13/2007
4264
Position # 2
Dell 190St 19" monitor
CN-0RNMH6-74445-13F-BP7L
10/18/2011
5246
Dell 190St 19" monitor
CN-ORNMH6-74445-13F-BSVL
10/18/2011
5247
ACU
11118K
10/18/2011
5264
CPU-HP Z200
2UA107144R
10/18/2011
5254
Nortel Phoneset T 7316E
NNTMHPGOVD67
1/13/2007
4266
Position # 3
Dell 190St 19" monitor
CN-ORNMH6-74445-13F-BJRL
10/18/2011
5243
Dell 190St 19" monitor
CN-ORNMH6-74445-13F-BJAL
10/18/2011
5242
ACU
11117K
10/18/2011
5262
CPU-HP Z200
VBN3C22336
10/18/2011
5248
HP Ke board
BAUHPOIVBZR8A6
10/18/2011
5258
Nortel Phoneset T 7316E
NNTMHPGOKE40
1/13/2007
4263
911 Printer
HP Laser'et P2035n
VN133C22336
10/18/2011
5261
Backroom
Switch
ProServe
CN0302GOG0-J9450-60001
10/18/2011
5249
DC1 VESTA
HP Pro Liant ML 310
MX2050003V
10/18/2011
5259
Server MaGIC
HP Pro Liant ML 310
MX2050004S
10/18/2011
5260
Business Comm
Module
Nortel BCM
NNTMRA605001
1/13/2007
4259
119
Paris PD Eauioment Inventorv lcontinuedl
MaGIC
Deil 15" Monitor
CNOV4795-71618-647 G481
1/13/2007
4260
Plant CML Multi
Trunk Unit
852210-00301
1/13/2007
4267
UPS
Tri Lite
9923ALCPD623200003
8/17/2011
5253
DICTAPHONE
32 CH GUARDIAN 32241-
032 COST SHARE
S42181
N/A
SWB ALI
ROUTER
Cisco 2800
FTX13358050
02/19/10
4799
AT&T ALI OUTER
Cisco 2800
FTX1335805W
02/19/10
4800
Ultratec
TDD
17822728031
3754
WAN
INSTALLATION
Server
HP DataS nc Server
MX201000V
8/5/2010
4859
Router
Cisco 2811
FTX1406AOKG
8/5/2010
4860
Netclock
S ectracom 9300 Series
3650
8/5/2010
4861
1~0
Attachment C
Scope of Work
Locai Government will:
• Designate a PSAP Supervisor and provide related contact information as a single point of
contact for ATCOG.
• Coordinate with ATCOG in the pfanning for, implementation and operation of all 9-1-1
equipment.
• Monitor the 9-1-1 equipment, report any failures or maintenance issues immediately to the
appropriate telephone company, and notify ATCOG if appropriate response is not
forthcoming from the company.
• Keep a log of all trouble reports and make copies available to ATCOG at quarterly
monitoring visits or upon request.
• Notify ATCOG of any and all major service-affecting issues or issues needing escalation
within a service provider's organization.
• Make wireless test calls and wireline exchange test calls no less than once per month.
• Log all incoming test calls, whether by PSAP or service provider and make copies
available to ATCOG.
• Test all 9-1-1 and ancillary equipment for proper operation and user familiarity at least
once per month.
• Test alternate routing switch (make busy switch) once a month.
• Test all 9-1-1 TDD/TTYs for proper operation and to maintain user familiarity at least once
per month.
• Log all TDD/TTY calls, and make copies available to ATCOG and Department of Justice
on an as-needed basis.
• Limit access to all 9-1-1 equipment and related data only to authorized personnel.
• Provide a safe and healthy environment for all 9-1-1 call takers/dispatchers which
enhances proper use and maintenance of 9-1-1 equipment.
• Fax printouts to ATCOG of wireless or CLEC test calls and /or any applicable paperwork
required by CSEC within 24-hours.
• Not change or modify any configuration of 9-1-1 equipment, software, programs or
hardware provided by ATCOG.
• Keep PSAP area, 9-1-1 equipment and backroom equipment area and backroom
equipment clean and free of dust accumulation
• The PSAP shall notify ATCOG of any service provider changes and/or changes in phone
numbers programmed on the 9-1-1 equipment.
• Fax ANI/ALI Problem Call Reports including wireless information within 24 hours of the
initial 9-1-1 call.
• Will complete and return incomplete ANI/ALI Problem Call Reports back to ATCOG within
72 hours.
ATCOG will:
As administrator for 9-1-1 services for the region, agree 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.
121
• Agree to maintain appropriate accounting and reporting mechanisms for inclusion of 9-1-1
financial activities in an ATCOG annual audit.
• Coordinate public education and information throughout the system.
• Serve as the Contracting entity with the appropriate telephone companies for service and
equipment.
• Complete such reports and other documentation as may be required by the CSEC, the
PSAPs, the Public Agency, or the service providers.
• Consistent with UGMS and applicable law, any equipment purchased by ATCOG for the
specific use of Public Agency, shall be owned by ATCOG.
• Consistent with UGMS and applicable (aw, ATCOG shall maintain of a current inventory
of all 9-1-1 equipment located within the PSAPs, as listed on the Attachments B. ATCOG
shall conduct physical inventories annually.
• ATCOG shall continue address maintenance activities for Bowie 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.
• Wil) purchase supplies necessary for the continuous operation of the 9-1-1 equipment, in
compliance with proper procurement procedures.
• Provide updated county maps to PSAPs, county agencies and officials annually.
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Attachment D
PSAP Operations Performance Measures and Monitoring
Reports
The RPC may request that the Local Government provide it with specialized reports
which will not duplicate information readily available from vendors. Such reports shall
include, but are not limited to:
None
LOqS
The Local Government shall provide copies of logs and reports to assist with the RPC's
collection of efficiency data on the operation of PSAPs including, but not limited to:
1. Trouble report logs at least once per quarter;
2. List of service affecting issues once per quarter;
3. Certification of TTY/TDD testing once per quarter; and
4. TTY/TDD test call logs.
5. Wireless and wireline test call logs
Quality Assurance Inspections
RPC personnel will conduct site visits at least once per year to inventory and evaluate the
condition of PSAP equipment, efficiency of PSAP operations, and compliance with the
Agreement.
In addition, quality assurance inspections will be conducted on the following:
CPU (Computer) TDD/TTY Make Busy Switch
ALI Screen System Printer Voice Recorder
Keyboard Alarm Overflow
Tests will also be conducted at least once monthly on 9-1-1 software to ensure proper
operation and correct information received. Those tests shall include, but not be limited
to:
Wireline test call
Wireless Phase II test call
TDD/TTY test call to 9-1-1 PSAP equipment and to ten-digit PSAP administrative number
not connected to PSAP equipment
Make Busy Switch
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Attachment E
Commission Documents
The following documents govern the funding and provisioning of 9-1-1 services by the
RPC:
Commission Legislation: http://www.911.state.tx.us/browse php/rules leqislation
2. Commission Rules: http://www.911.state.tx.us/browse.php/rules leqislation
3. Commission Program Policy Statements:
http://www.911.state.tx.us/browse.php/programpolicy statements
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Contract for 9-1-1 Senrice
Article 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 Ar1c-Tex Council of Govemments ("RPC") is
charged with the responsibility to provide these services in its regan. Providing
these services requires a partnership among and cooperative efforts by the
Commission, the RPC, and the local govemments represented on the RPC's
goveming body.
1.2 The Commission and the RPC enter into this Contract for9-1-1 Service ("Contract")
to clarify and better define the rights and duties of each in carrying out their
individual and collective responsibilities under the law. '
Article 2. Compliance with Applicable Law
2.1 The RPC shall oomply with all applicable federal and state laws ("applicable IavW') in
carrying out its strategic plan that has been approved by the Commission. 2.2 Applicable law includes, but is not limited to, Health and Safety Code Chapter
771; Commission Rules (Title 1, Part 12, Texas Administrative Code) and
Program Policy Statements; the biennial state General Appropriations Act; Texas
Govemment Code (including Uniform Grant and Contract Management
Standards [UGMS]), Chapter 783 and Title 1, Part 1, Chapter 5, Subchapter A,
Division 4. Texas Administrative Code; Presenration and Management of Local
Govemmerrt Recorcis Act, Chapter 441, Subchapter J; and Resolution of Certain
Contract Claims Against the State, Chapter 2260); Texas Local Govemment Code
(including Regional Planning Commissions Act, Chapter 391).
2.3 The Commission may adopt new policies, procedures and rules and amend its
existing policies, procedures and rules subject to applicable law. Any new or
amended policy or procedune (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.
2.4 The RPC shall repay any allocated and distributed equalization surcharge and
9-1-1 servioe fees (collectively, p9-1-1 funds°) expended by the RPC in
nonoompliance with applicable law. Such reimbursemerrt shall be made in
acoordance with established Commission poliaes and procedures. The RPC shall
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advise the Commission in writing of its efforts to reoover 9-1-1 funds in accordanoe
with Article 4.1 herein.
2.5 In acoorriance with Health and Safety Code Sectan 771.078(cx6), the Commission
may withhold disbursement of funds to the RPC for failing to 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 acoourrt for all 9-1-1
funds received. The RPC shalt utilize an accounting system that complies with
applicable law, including specifically the requirements in UGMS, Subpart C- Post
Award Requirements, Section .20 - Standards for Financial Management
Systems - which requires recipients of state funds to maintain reoords which
adequately identify the source and application of funds provided for financially
assisted activities. These recorcls must contain information pertaining to grant or
sub grant awands and authorizations, obligations, unobligated balances, assets,
liabilities, outlays or expenditures, and income.
Article 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 govemments or Public Safety Answering
Points (PSAPs) for compliance with 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 applicable law, accuracy, completeness, and appropriateness, prior to the
Commission distributing allocated 9-1-1 funds.
Article 4. Standard Interlocal Agreement with Local Governments
4.1 The RPC shall use interiocal agneemerrts between itself and its local govemments
relating to the planning, development, operation, and provision of 9-1-1 service, the
use of 9-1-1 funds and adherenoe to applicable law. These agneements must, at a
minimum, provide for oompliance with applicable law by including provisions that:
(a) the RPC will provide 9-1-1 funds to the tocal govemments on a cost
reimbursement basis using a monitoring process that provides assurance that
the reimbursemerrt r+equests from the local govemments ane oomplete,
accurate, and appropriate;
(b) the RPC may withhold, decnease, or seek reimbursement of 9-1-1 funds in the
event that those 9-1-1 funds were used in nonoompliance with applicable law;
(c) the local govemmerrts shall reimburse the RPC and/or the Commission, as
applicable, any 9-1-1 funds used in nonoompliance with applicable law;
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(d) reimbursement of 9-1-1 funds under subsection (c) shalt be made by the local
govemment within 60 days after demand by the RPC, unless an altemative
repayment plan is approved by the RPC and the Commission;
(e) address the RPC's ownership, transfer of ownership, and/or control of
equipment acquired with 9-1-1 funds in connection with providing 9-1-1
service ("9-1-1 equipment");
(fl require the RPC to maintain a current inventory of all 9-1-1 equipment;
(g) require a control system to be developed by the local govemment to ensure
adequate safeguards to prevent bss, damage, or theft of 9-1-1 equipment;
(h) require reimbursement to the RPC and/or the Commission for damage to
9-1-1 equipment; other than ordinary wear and tear,
(i) the local govemments will maintain adequate fiscal recorris and supporting
documentatan of all 9-1-1 fu+xis reimbursed to such local govemments for
9-1-1 service oonsistent with applicable law and generally accepted
acoounting principles, and as approved in the RPC's current approved
Strategic Plan;
(j) the Commission or its duly authorized representative sha11 have access to and
the right to examine all books, acoounts, records, files, and/or other papers, or
property pertaining to the 9-1-1 service, belonging to or in use by the local
govemment, the PSAP, or by any other entity that has performed or will
perform activities related to the agreemerts;
(k) the local govemment will provide 9-1-1 service as a condition of the reoeipt of
9-1-1 funds as prescribed by the RPC strategic plan; and
(I) funding of 9-1-1 service is vontingerrt* on appropriations made to the
Commission by the Texas Legislatune, and if 9-1-1 funds are not made
available to the RPC by the Commission or if legally available 9-1-1 funds are
exhausted, then the RPC will not be obligated to provide the reimbursements
coritemplated by this Contract.
Article S. Competitive Procurement and Contract Administration
5.1 The RPC shall use competitive procurement practices and procedures similar to
those required by applicable law in oonnection with the procunement of any items to
be obtained with 9-1-1 funds.
12'7
5.2 The RPC shall include a specific, detailed statement of work, including appropriate
benchmarks to evaluate compliance, in all contracts with vendors, local
govemments, and PSAPs to be paid from 9-1-1 funds.
5.3 The RPC shall implement a oontract administration management system that
ensures oontractors perform in acoordance with the terms, conditions, and
specifications of their contracts or purchase orciers.
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 necords retention requiremerrts in UGMS.
Articfe 6. Allocation and Use of 9-1-1 Funds
6.1 In accorciance with applicable law, the Commission shall allocate 9-1-1 funds
appropriated to the Commission to the RPC soiely for use in carrying out its
Commission-approved strategic plan. Funds will be distributed to the RPC
quarterly, acoording to cument Commission payrnent methodology as set forth in
Commission policy, unless the RPC is in substantial noncompliance with any
applicable law or provision of this Contract The RPC shall utilize the money
a)located only for providing 9-1-1 service within the RPC's jurisdiction.
6.2 The Commission shall ensure that no more than $12,750.000 appropriated to the
Commission for the FY 2012-2013 biennium shall be allocated to the RPCs for
administratan of the statewide 9-1-1 program, acoorcfing to the General
Appropriations Act.
6.3 None of the 9-1-1 funds appropriated to the Commission and allocated to the RPC
may be used to replace or fund a reserve for future replacement of 9-1-1
equipmerrt.
6.4 The RPC shall assist the Commission in creating oomprehensive statewide
capital replacement plan for submittal to the Legislative Budget Board no later
than November 1't of each calendar year.
6.5 As provided by Health & Safety Code Sedion 771.078(d), not more than ten
percerrt (10%) of the money received by the RPC may be used by the RPC for
indirect oosts. In this subsection, "indirect oosts" means oosts that are not directly
attributable to a single action of the RPC. (Note: In administering this subsection,
the govemor's office is required to use federal Ofrice of Management and Budget
circulars A-87 and A-122 or any n.des relating to tFie determination of indirect costs
adopted under Texas Govemment Code Chapter 783.)
6.6 As provided by Health & Safety Code Section 774.078(f), upon request from the
RPC, the Commission shall provide the RPC with documentation and financial
records of the amount of money collected in its region or of an amount of money
aAocated to the RPC in acoordance with Heaith & Safety Code, Section 771.078,
and this Contract
Article 7. 9-1-1 Funds Distribution
7.1 As provided by applicable law, a state agency shall distribute grants on a
reimbursement basis, or as needed, unless otherwise provided by statute or
otherwise deteRnined by the grantor agency to be necessary for the purposes of
the grant.
7.2 Quarterly disbursement of 9-1-1 funds to the RPC shall be made on a cost
reimbursement basis according to applicable law. 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 Article 8. RPC Emergency
Funding).
7.3 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 applicable
law. Start-up funding is defined as 9-1-1 funds allocated to the RPC to pay initial
fiscal year 9-1-1 program expenses, prior to the first quarterly reimbursement
request being received. Any remaining 9-1-1 funds from the prior fiscal year,
ending on August 315t, shall be retumed to the Commission no later than October
30"' of the current fiscal year.
Article 8. RPC Emergency Funding
8.1 Notwithstanding the requirements in Article 7, the Commission may distribute in
acoor+dance with Commission policy allocated 9-1-1 funds to the RPC upon
demonstration and documentation that a financial emengency exists that will
compromise the provisioning of 9-1-1 service or impact public safety.
8.2 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 oontractual obligations
as provided for in the RPC's 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.
8.3 Emergency 9-1-1 funds may be distributed based upon the documerrted
expenditures creating the need. The provision of emergency 9-1-1 funds will be
used for specfflc operational and administrative expenses idertified in the
supporting documentatan.
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8.4 The request shall inciude a namative description of what the 9-1-1 funds are to be
used for, and how these expenditures relate b the RPC's strategic plan.
8.5 The Commission will review the request for accuracy and compliance with the
current approved strategic plan and applicable law. Upon review and approval of
the request, the Commission will disburse the necessary 9-1-1 funds, noi to exceed
the total allocated to the RPC in its Commission-approved strategic plan.
Article 9. Strategic Planning
9.1 In accordance with applicable law, the RPC shall develop a strategic plan for the
establishment and operatan of 9-1-1 service throughout its region. The 9-1-1
service must meet the standards established by the Commission. A strategic plan
must describe how 9-1-1 service is to be adrrinistered.
9.2 The RPC must update its strategic plan at least once during each state fiscal
biennium, and must include the following:
(a) A description of how money allocated to the region is to be allocated
throughout the region served by the RPC;
(b) Projected financial operating information for the two state fiscal years
following the submission of the plan;
(c) Strategic planning information for the five state fiscal years following
submission of the plan; and
(d) A Historically Underutilized Business (HUB) plan, pursuant to Chapter
2161 of the Govemment Code.
9.3 The RPC shall submit a strategic plan, or amendment to its plan, to the
Commission for review and approval or disappmval, as required by Health & Safety
Code Section 771.056. The Commission, oonsisterrt with applicable law, shall
consider the appropriateness of the strategic plan or amendment thereto in
satisfying the standarcis set by the Commission, the cost and effectiveness of the
strategic plan or amendment, as well as the appropriateness of the strategic plan or
amendment in oontext with overall statewide 9-1-1 service.
9.4 The Commission shall notify the RPC of tfie approval or disapproval of the strategic
plan submission, or amendment lo the plan, in acoorctance with applicable law.
9.5 If the strategic plan or amendment theneto is approved, the Commissan shail
allocate 9-1-1 funds to the RPC in acxordanoe with the terms of this Contract and
applicable law.
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Article 10. Reporting Requirements
10.1 The RPC shail submit financial and performance information and reports
regarding 9-1-1 senrice and administration to the Commission. The RPC shall
provide the reporting information in accordance with applicable law and generally
accepted acoounting principles. The RPC shall submit the following information to
the Commission, at least once per quarter of each fiscal year:
(a) Financial information regarding administrative and program expenses;
and
(b) Information regarding the current performance, efficiency, and degree
of implementation of emergency communications services in the region
senred by the RPC.
10.2 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 such information to the Commission at least once per quarter of each fiscal
year, accorcling to applicable law.
Article 11. Use and Creation of Public Safety Answering Points
11.9 The RPC shall comply with the minimum standards and guidelines established by
Commission Rule 251.1. Regiona/ Strategic Plans for 9-1-1 Senrice, for the use of
PSAPs and the creation of PSAPs.
Article 12. Dispute Resolution
12.1 The dispute resolution process provided for in Govemment Code Chapter 2260,
Subsection F, shall be used by the Commissan and the RPC to attempt to resolve
disputes arising under this Contract. Disputes include, but are not limited to,
disagreement betmen the parties about the meaning or application of the RPCs
proposed or approved strategic plan, or this Contract.
12.2 The parties desire to resolve disputes without litigation. Accordingly, if a dispute
arises, the parties agnee 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 oompliance with this Article 12, until they have exhausted the prooedures
set out n this Article 12.
12.3 At the written request of either party, each pariy shalf appant one non-lawyer
representative to negotiate informally and in good faith to resolve any dispute
arising between the parties. 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 negotiatans.
131
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) per Govemmerrt Code Chapter 2009.
12.5 Within 45 calendar days after the effeetive date of this Contract, the Commission
agrees to oontract with SOAH to mediate 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 oonducting 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.
12.6 The parties agree to continue perForming their duties under this Corrtract, which are
unaffecied by the dispute, during the negotiation and mediatan process.
12.7 If the parties are unable to settle their dispute by mediation, either party may
request a corrtested case hearing under Texas Govemment Code Section
2260.102.
12.8 Nothing in this Article 12 shall be oonsidered as a voeiver of sovereign immunity.
Article 13. Miscellaneous Provisions
13.1 The RPC shall work with the Commission and the local govemments 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.
13.2 As the RPC beoomes aware of the need for additional training or expertise relating
to the planning, devebpment, implemertation or operation of 9-1-1 senrice, by the
RPC or the local govemments in their ar+eas, the RPC shall notify the Commission
promptly so that atl parties may address the need in a tknely manner.
13.3 Unless othervvise directed by the Commission, the RPC shall arrange for the
performance of an annual financial and compliance audit of its financial statemerts
and intemal oontrvl environment accorcfing to the requirements of UGMS and the
Texas Single Audit Circular, as established by the Govemor's Office of Budget,
Planning, and Policy pursuant to Govemmerrt Code Chapter 783. The RPC shall
be liable to the Commission for any costs disallowed as a result of the audit of its
financial statements and intemal control environmerrt.
13.4 The RPC reoognizes the right of the State Auditor's Office to review and/or audit
the RPC's documentation and acoounts relevant to the state-funded 9-1-1 program
as authorized by applicable law. Such an audit or review is considered separate
and apart from audits required by UGMS.
132
13.5 A summary of the approved RPC 9-1-1 strategic plan costs and revenue allocations
shall be made a part of this Contrad by way of Attachment A, Recipienf 9-1-1 Costs
Summary.
13.6 The RPC shall pruvide, at a minimum, the Commission with all reports and/or
information as required by applicable law.
13.7 In the event of any conflict between any provision in th;s Contract and an adopted
Commission rule or poGcy, present or future, the Commission rule or policy shall
take precedence.
13.8 This Contract sets forth all of the representations, promises, agreements,
conditfons, and understandings between the RPC and the Commission relating
to the subject mattec of the Contract, and supersedes any prior or
contemporaneous representations, promises, agreements, conditions, or
understandings, whether oral or written, in any way reiating to the subject matter
hereof.
13.9 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.
13.10 This Contract takes effect on September 9, 2011, and shall terminate on August 31,
2013.
AGREED TO:
A~f lu 41044P
g
/1B .
Paul Mallett Date -
Executive Dir-ector Texas Commissfon on State Emergency Communications
333 Guadalupe, Suite 2 212
Austin, Texas 78701-3942
~
L. . Williamson
Executive Director
Arlc Tex Council of Govemments
P.O. Box 5307
Texaricana, Texas 75505
r4✓
Date
RECEIVED
AU G 2 5 2011
~SCLC
133
ATTACHMENT "A"
FY 2012-2013 RECIPIENT 9-1-1 COSTS SUMMARY
Summary Costs Approved for Allocation
Ark-Tex Council of Governments
With my signature below, i agree to and acknowledge the Approved Budget limits described as the
'Cunreot Approved Budget" shown for each Appropriation Year above.
MalK Exeautive Director - CSEC
~ .
LD. Vlfdliamson, Execu6ve Diredor - Ark-Tex
8 lB
Date
Date
12-13 MOF - 9-01-11.xlsx
134