2012-004 RES APPROVE/AUTHORIZE INTERLOCAL AGREEMENT FOR E9-1-1 SERVICE AND PSAP EQUIPMENT BETWEEN COP AND ARK-TEX COUNCIL OF GOVERNMENTSRESOLUTION NO. 2012-004
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 Mayor be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, any necessary documents.
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 shal] 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.
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, ' Attorney
J
AR E~ ~~EX
GOt1NC[L aF
GOVER[~Rr~`rMENTS
November 30, 2011
Mr. Arjumand H i, Mayor
City of Paris
P. O. Bo 37
Paris exas 75460-9037
Re: Interlocai Agreement for E9-1-1 Service
Dear Mayor Hashmi:
RECEIVED
DEC 0 8 2011
CITY MANAt3ER
PARIS, lEXAS
MaKe
the
E CAIL'
Enclosed herewith, please find two originai Interlocal Agreement for E9-1-1 Service and PSAP
Equipment for the City of Paris. This agreement, basically, is like in fonn 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 marked, 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,
. 4
andi Embr 9-1-1 . rogram Manager
SSE
Encl
tit i1
EXHiB►T
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.
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
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ARK-TEX COUNCIL OF GOVERNMENTS
INTERLOCAL AGREEMENT FOR E9-1-1 PUBLiC SAFETY
ANSWERING POINT SERVICES AND PSAP EQUIPMENT
Article 1: Parties 8 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 senrice
(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 authoriry for regional planning commissions implementing 9-1-1
service.
1.4 The Contract for 9-1-1 Services befinreen 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 Govemment Recorcls 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 Locat
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
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3.3.1 The RPC shall 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 9-1-1 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:
3.61 Designate a PSAP supervisor and provide related contact 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 9-1-9 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;
3.6.9 Make no changes to 9-1-1 equipment, software or programs without prior
written consent from the RPC.
Article 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
~
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 autharized 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 senrice 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 Govemment 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 Applicable 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
befinreen 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.
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 Locat 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
/
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 performance 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, Govemment 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 Locaf 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.
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
By.
By:
Name: L. D. Williamson
Title: Executive Director
Date:
Name: Arjumand Hashmi
Title: Mayor
Date:
1
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:F T~ _
Name: L. D. Williamson
Title: Executive Director
Date:
CITY OF PARIS
By:
Name: Arjumand Hashmi
Title: Mayor
Date:
Attachment B
Revised 10/18111 SE
PSAPINVENTORY
ARK-TEX COUNCIL OF GOVERNMENTS
PSAP: PARIS P.D.
CDUNTY: LAMAR
MANUFACTURER
EQUIPMENT
DESCRIPTION
SERIAL
NUMBER
INSTALL
DATE
ATCOG
INV. NO.
New E ui ment Instailed: 10/18/11
Position 01
Deil 190St 19" monitor
CN-ORNMH6-74445-13F-BL3L
10/18/2011
5244
Dell 190St 19" monitor
CN-ORNMH6-74445-13F-BJML
10/1812011
5245
CPU-HP Z200
2UA1071460
10/18/2011
5255
ACU
11116K
10/18/2011
5263
Nortel Phoneset T 7316E
NNTMHPGOK2LR
1/13/2007
4264
Position # 2
Dell 190St 19" monitor
CN-ORNMH6-74445-13F-BP7L
10/18/2011
5246
Deli 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
10118/2011
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
BAUHP0IVBZR8A6
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 ESTA
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
1/1312007
4259
`
Paris PD EauiDment Inventnrv Ir.nntinitprlt
MaGIC
Plant CML Muiti
Dell 15" Monitor
CNOV4795-71618-647 G481
1/13/2007
4260
Trunk Unit
852210-00301
1/13/2007
4267
UPS
Tri Lite
9923ALCPD623200003
8/17/2011
5253
32 CH GUARDIAN 32241-
DICTAPHONE
SWB ALI
032 COST SHARE
S42181
N/A
ROUTER
Cisco 2800
FTX13358050
02/19h0
4799
ATBT ALI OUTER
Cisco 2800
FTX1335805W
02/19/10
4800
Ultratec
WAN
TDD
17822728031
3754
INSTALLATION
Server
HP DataS nc Server
MX201000V
8/5/2010
4859
Router
Cisco 2811
FTX1406AOKG
8/5/2010
48601
1
Netclock
S ctracom 9300 Series
3650
8/5/2010
4861
Attachment C
Scope of Work
Local Government will:
• Designate a PSAP Supervisor and provide related contact information as a single point of
contact for ATCOG.
• Coordinate with ATCOG in the planning 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 TDDfT'TYs 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.
• 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 law, 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 Lamar County in accordance with
the approved Strategic Plan (including any approved amendments) as a condition of the
receipt of 9-1-1 funds as prescribed by the Strategic Plan.
• 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.
ATTACHMENT "A"
FY 2012-2013 RECIPIENT 9-1-1 COSTS SUMMARY
Summary Costs Approved for Allocation
Ark-Tex Council of Governments
WM my signatur+e below. I agree to and acknowledge the Approved 8udget limits described as the
'Currrent Approved Budget" shown fot each Appropriation Year above.
A~ " R e /I
aul Mallett, Exeaufive Diredor - CSEC Date
~
A ~
LD. VYNliamson, lbea,fi4amctor- nrk reX
~~,-p
Date
12-13 MOF - 9-01-11.xlsx
Attachment D
PSAP Operations Performance Measures and Monitoring
Re orts
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
LOpS
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) TDDlTTY 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
• 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 law, 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 9-9-1 funds as prescribed by the Strategic Plan.
• Will 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 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/program policy statements
Contract for 9-1-1 Service
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 throughott the state, and Ark-Tex Council of Govemments (°RPC") is
charged with the responsibility to provide these services in its region. Providing
these services requires a partnership among and oooperative efforts by the
Commission, the RPC, and the local govemmeMs represented on the RPC's
goveming body.
1.2 The Commission and the RPC enter into this Contract for9-1-1 Service ("ContracY')
to clarify and better define the rights and duties of each in canying out their
individual and collective responsibilities under the law. '
Article 2. Compliance with Applicable Law
2.1 The RPC shall compiy with all applicable federal and state laws ("applicable lav") in
cartying 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; Preservation and Management of Local
Govemment Records 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, prooedures and rules subject to applicable law. Any new or
amended policy or procedure (other than an adopted rule) shall be enfonceable
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
prooedure be enforceable immediately against the RPC. The Commission shall
provide the RPC wriiten notice of all new or amended policies, prooedunes and
interpnetations of Commission rules within a reasonable time after same are
adopted by the Commissan.
2.4 The RPC shall r+epay any allocated and distributed equalization surcharge and
9-1-1 service fees (colfectively, "9-1-1 funds") expended by the RPC in
nonoompliance with applicable law. Such reimbursemerrt shall be made in
acoordance with established Commission policies and prooedunes. The RPC shall
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advise the Commission in writing of its efforts to recover 9-1-1 funds in aoconfanoe
with Article 4.1 herein.
2.5 In acoordance 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 shail maintain, at a minimum, a separate investment acoourrt for all 9-1-1
funds received. The RPC shall utilize an accounting system that complies with
applicable law, including specfically the requirements in UGMS, Subpart C- Post
Award Requirements, Section .20 - Standards for Financial Management
Systems - which requir+es recipients of state funds to maintain neoords vuhich
adequately identifjr the source and application of funds provided for financially
assisted activities. These reoorcJs must contain information pertaining to grant or
sub grant awards and authorizations, obligations, unobligated balances, assets,
liabilities, outlays or expenditures, and inoome.
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 oompliance 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 oompliance
with applicable law, accuracy, completeness, and appropriateness, prior to the
Commission distributing allocated 9-1-1 funds.
Article 4. Standard Interfocal Agreement with Local Governments
4.1 The RPC shall use interlocal agreemerrts between itseff and its Ioca1 govemmenls
nelating to the planning, development, operatan, and provision of 9-1-1 service, the
use of 9-1-1 funds and adherenoe to applicable law. These agteernents must, at a
minimum, provide for oompliance with applicable law by inchiding provisions that:
(a) the RPC will provide 9-1-1 funds to the local govemments on a cost
reimbursemerrt basis using a monitoring process that provides assuranoe that
the r+eimbursemer.rt nequests from the local govemments are oomplete,
accurate, and appropriate;
(b) the RPC may withhold, decrease, or seek r+eimbursement of 9-1-1 funds in the
event that those 9-1-1 funds were used in nonoomplianoe with applic;able law;
(c) the local govemmenfs shall reimburse the RPC and/or the Commission, as
applicable, any 9-1-1 funds used in nonoompliance with appliqble Iaw;
(d) reimbursement of 9-1-1 funds under subsection (c) shall be made by the locai
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 oontrol 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 govemmerrt to ensure
adequate safeguarcls to prevent bss, damage, or theft of 9-1-1 equipment;
(h) require reimbursement to the RPC and/or the Cornmission for damage to
9-1-1 equipment; other than orclinary wear and tear,
(i) the local govemments will maintain adequate fiscal records and supporting
documentation of all 9-1-1 funds reimbursed to such local govemments for
9-1-9 service oonsistent with applicable law and generally accepted
acoounting principles, and as approved in the RPC's cument approved
Strategic Plan;
(j) the Commission or its dUy authorized representative shall have access to and
the right to examine all books, acoounts, recorcfs, 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 errtity that has performed or will
perform activities related to the agreemerts;
(k) the local govemment will provide 9-1-1 service as a condfion of the receipt of 9-1-1 funds as prescribed by the RPC strategic plan; and
(I) funding of 9-1-1 senrice is oontingenton appropriations made to the
Commission by the Texas Legislature, 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
contemplated by this Contract.
Article S. Competitive Procurement and Contract qdministration
5.1 The RPC shall use competitive procurement practices and prooedures similar to
those required by applicable law in oonnection with the procurement of any items to
be obtained with 9-1-1 funds.
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5.2 The RPC shail include a specific, detailed statement of work, including appropriate
benchmarics to evaluate compliance, in all contracts with vendors, local
govemments, and PSAPs to be pad from 9-1-1 funds.
5.3 The RPC shall implement a oontract administratan management system that
ensures oontractors perfoRn in acoordance with the terms, oonditions, and
specifications of their contracts or pur+chase onders.
5.4 The RPC shall maintain sufficient necords 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 oontract price, as outlined
in the reoords retention requirements in UGMS.
Articfe 6. Allocation and Use of 9-1-1 Funds
6.1 In acoorctance with applicable law, the Commission shall albcate 9-1-1 funds
appropriated to the Commission to the RPC solely for use in carrying out its
Commission-approved strategic plan. Funds will be distributed to the RPC
quarterly, acoonding to current Commission payrnent methodotogy as set forth in
Commission policy, unless the RPC is in substantial nonoompliarxe with any
applicable law or provision of this Contract. The RPC shall ut7ize the money
allocated 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
Commissan for the FY 2012-2013 biennium shall be allocated to the RPCs for
administration of the statewide 9-1-1 program, acoording to the General
Appropriations Act
6.3 None of the 9-1-1 funds appropriated to the Commissan and allocated to the RPC
may be used to replaoe or fund a resenre for future replacement of 9-1-1
equipmerrt.
6.4 The RPC shall assist the Commission in creating comprehensive statewide
capital replacement pfan for submittal to the Legislative Budget Boarci 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
percent (10%) of the money neoeived by the RPC may be used by the RPC for
indirect oosts. In this subsedion, indirect oosts" means oosts that ane not dinecNy
attributable to a single actan of the RPC. (Note: In administering this subsection,
the govemors office is required to use federal Off'be of Management and Budget
circulars A-87 and A-122 or any rules relating to tFie determinatan of indirect oosts
adopted under Texas Govemment Code Chapter 783.)
6.6 As provided by Health & Safety Code Sedion 771.078(fl, upon nequest fr,om the
RPC, the Commission shall provide the RPC with documentatan and finanaal
recorcis of the amount of money oollected in its regan or of an amount of money
aliocated to the RPC in accordance with Health & 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
othennrise determined 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 accorciing to applicable
law. Start-up funding is defined as 9-1-1 funds allocated to the RPC to pay initial
fiscat 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 31St, shall be retumed to the Commission no laterthan October
30th of the current fiscal year.
Article 8. RPC Emergency Funding
8.1 Notwithstanding the requirements in Article 7, the Commission may distribute in
acoorciance with Commission policy allocated 9-1-1 funds to the RPC upon
demonstration and documentation that a financial emergency exasts that will
compromise the provisioning of 9-1-1 service or impact public safety.
8.2 The Comrmssion shall consider a financial emergency as a situation in which the
RPC requines additional funding to sustain the cument and normal operatan of
9-1-1 systems and their administration, as well as to meet contractual obligations
as provided for in the RPC's approved strategic plan; and that without the
assistanoe of these additional funds, would result in a oompromise of the 9-1-1
system or impact public safety. A financial emergency would arise, and public
safety compromised., 'rf 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 doc:umented
expenditures crezting the need. The provision of emengency 9-1-1 funds will be
used for specifc operational and administrative expenses identfied in the
supporting documentatan.
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8.4 The request shall include a narrative description of what the 9-1-1 funds are to be
used for, and how these expenditures relate bo the RPC's strategic plan.
8.5 The Commission will review the request for accuracy and compiiance with the
cuRent approved strategic plan and applicable law. Upon review and approval of
the request, the Commission will disburse the necessary 9-1-1 funds, not to exceed
the total allocated to the RPC in its Commission-approved strategic plan.
Article 9. Strategic Planning
9.1 In acoordance with applicable iaw, the RPC shall develop a strategic plan for the
establishment and operation of 9-1-1 service throughout its region. The 9-1-1
service must meet the standands established by the Commission. A strategic plan
must describe how 9-1-1 service is to be adrrinistened.
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
submissan of the plan; and
(d) A Historically Underutilized Business (HUB) plan, pursuant to Chapter
2161 of the Govemmert Code.
9.3 The RPC shall submit a strategic plan, or amendment to its plan, to the
Comrnission for review and approval or disappruval, as r+equired by Health & Safety
Code Sectan 771.056. The Commission, consisterrt with applicable law, shall
consider the appropriateness of the strategic plan or amendment thereto in
satisfying the standards set by the Comrnissan, the oost 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 the approval or disapproval of the strategic
plan submission, or amendment tD the plan, in acooniance with applicable law.
9.5 If the strategic plan or amendment thereto is approved, the Commission shall
allocate 9-1-1 funds to the RPC in acoondanoe with the terrns of this Contract and
applicable 1aw.
Article 10. Reporting Requirements
10.1 The RPC shall 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 perforrnance, efficiency, and degree
of implementation of emergency communications services in the region
seroed 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 regan. The RPC shall
submit such information to the Commission at least once per quarter of each fiscal
year, acoording to applicable law.
Article 11. Use and Creation of Public Safety Answering Points
11.1 The RPC shall comply with the minimum standands and guidelines established by
Commissan Rule 251.1, Regiona/ Strategrc Plans far 9-1-1 Service, 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 befiyreen 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 litigati~on. Aocordingly, 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 anofher, except to
enfonce 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 party shall appant one non-lawyer
repnesentative to negotiate informally and in good faith to resolve any dispube
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 repre,serrtatives appointed shall determine the location, fomiat, frequency, and
duration of the negotiatans.
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12.4 If the represerrtatives 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 iaw judge employed by the State OfFioe of Administrate Hearings
(SOAH) per Govemmerrt Code Chapter 2009.
12.5 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 12.1. Each party agrees to pay one-haff the totat fee and
expenses SOAH charges for conducting a mediatan, 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 Contract, which ane
unaffecled by the dispute, during the negotiation and mediation process,
12.7 If the parties are unable to settle their dispute by mediation, either party may
request a oorrtested case hearing under Texas Govemment Code Section
2260.102.
12.8 Nothing in this Article 12 shall be oonsidered as a weiver of soveneign immunity.
Article 13. Miscellaneous Provisions
13.1 The RPC shall work with the Commission and the local govemments to develop,
maintain and regulariy monitor perFormance of the operation and the provision of
9-1-1 senrice 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, developmerrt, implemertation or operation of 9-1-1 service, by the
RPC or the local govemmerrts in their areas, the RPC shall notify the Camrryssan
prompfly so that all parties may address the need in a tinely manner.
13.3 Unless otherwise directed by the Commissan, the RPC shall aRange for the
performance of an annual financial and oompliance audit of its financial statemerts
and intemal control environmerrt acoording to the requinerrierrts of UGMS and the
Texas Single Audit Circular, as established by the Govemor's pffioe of Budget,
Planning, and Policy pursuant to Govemmert Code Chapter 783. The RPC shall
be liable to the Comrrussion for any costs disallowed as aresult of the audit of its
financial statements and iritemal control ernironmerrt.
13.4 The RPC reoognizes the right of the State Auditor's Ofrm ta review and/or audit
the RPC's documentation and acoounts relevant to the state-funded 9-1-1 prngram
as authorized by applicable law. Such an audit or review is considered separate
and apart from audits required by UGMS.
f - - .
93.5 A summary of the approved RPC 9-1-1 strategic plan casts and revenue allocations
shall be made a part of this Contrad by way of Attachment A, Reupient 9-1-1 Costs
Summary.
13.6 The RPC shall provide, at a minimum, the Commission with ali reports and/or
information as required by applicable law.
13.7 In the event of any conflict between any provision in this Contract and an adopted
Cornmission rule or policy, present or future, the Commission rule or policy shall
take pmcedence.
13.8 This Contract sets forth all of the representations, promises, agreements,
conditlons, and understandings between the RPC and the Commission relating
to the subject matter of the Contract, and supersedes any prior or
contemporaneous representations, promises, agreements, conditions, or
understandings, whether oral or written, in any way relating to the subject matter
hereof.
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:
Paul Maliett Date '
Execudve Director '
Texas Commisston on State Emergency Communications
333 Guadalupe. Suite 2 212
Austin, Texas 78701-3942
L. . Williamson
Execudve Director
ArIc Tex Counctl of Govemments
P.O. Box 5307
Texarfcana, Texas 75505
Date
RECEIVED
AUG252011
CSrt"%.