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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 ~ 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 ~ 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. ~ 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 / 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. / 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. / 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. ~ 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"%.