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16-C E-911 & PSAP ContractDRAFT F:~Attorney\Lisa~esolutions\CURRENT~Ark-Tex E-911 Res.wpd October 29, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR E-911 SERVICE AND PSAP EQUIPMENT BETWEEN THE CITY OF PARIS AND ARK-TEX COUNCIL OF GOVERNMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Ark-Tex Council of Governments is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, and in that capacity has developed a strategic plan to establish and maintain 911 emergency telephone service in the Northeast Texas State Planning Region Number Five; and, WHEREAS, the aforesaid strategic plan has been approved by the Texas Commission on State Emergency Communications; and, WHEREAS, the City of Paris is a local government that operates one or more public safety answering points that assists in implementing the strategic plan, as authorized by Chapter 771 of the Health and Safety Code; and, WHEREAS, Chapter 791 of the Government Code, entitled "The Interlocal Cooperation Act," authorizes local governments, including municipalities, to contract with state agencies to cooperate in the performance of governmental functions common to both governmental entities; and, WHEREAS, the Ark-Tex Council of Governments and the City of Paris desire to enter into an interlocal agreement for E-911 service and PSAP equipment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That an Interlocal Agreement for E-911 services and PSAP equipment by and between the Ark-Tex Council of Governments and the City of Paris, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute and the City Clerk to attest, on behalf of the City of Paris, an Interlocal Agreement with the Ark- Texas Council of Governments, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That, to the extent the aforesaid Interlocal Agreement specifies that either or both parties are required to pay for the performance of governmental functions and services, the aforesaid payments shall be made from current revenues available to the paying party. Section 5. That, to the extent the aforesaid agreement provides for contractual payments, the City Council hereby finds and determines that the amount of said compensation to the receiving party is hereby determined to be fair and reasonable compensation for the services and functions performed. Section 6. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 6th day of November, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney Ark-Tex Council of Governments Interlocal Agreement for E9-1-1 Service and PSAP Equipment for City of Paris, Texas Ark-Tex Council of Governments P. O. Box 5307 122 Plaza West Texarkana, Texas 75505 903-832-8636 (Voice) 903-838-7376 (Fax) EXHIBIT STATE OF TEXAS } COUNTY OF LAMAR } ARK-TEX COUNCIL OF GOVERNMENTS INTERLOCAL AGREEMENT FOR E9-1-1 SERVICE AND PSAP EQUIPMENT ARTICLE 1 - RECITALS 1.01 1.02 1.03 1.04 The Ark-Tex Council of Governments, hereinafter referred to as "ATCOG", is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965 as amended, Chapter 391 of the Local Government Code. ATCOG has developed a Strategic Plan (Plan) to establish and maintain 9-1-1 emergency telephone service in Northeast Texas State Planning Region 5, and the Commission on State Emergency Communications (CSEC or Commission) has approved its current Plan. The City of Paris, hereinafter referred to as "Public Agency", is a Texas local government that operates one or more Public Safety Answering Points (PSAPs) that assist in implementing the plan, as authorized to do by Chapter 771 of the Health and Safety Code. This Contract is entered into between ATCOG and the Public Agency under Chapter 791 of the Government Code, so that a local government can participate in the enhanced 9-1-1 emergency telephone system in the region. The CSEC, as authorized by the Health & Safety Code, Chapter 771, is the oversight and funding authority for regional councils implementing 9-1-1 and addressing/addressing maintenance services through local governments. ARTICLE 2 - STIPULATIONS AND SERVICES 2.01 As required by the Contract for Services that has been executed between ATCOG and the CSEC, a copy of which has been attached as Exhibit "A", ATCOG shall execute interlocal agreements with its member local governments and/or PSAPs relating to the planning, development, implementation, operation, and provision of 9-1-1 service, the use of 9-1-1 funds and adherence to applicable law. The Public Agency agrees: to cooperate with ATCOG in acquiring necessary equipment for the 9-1-1 system (at no expense to the Public Agency;) provide suitable space for such equipment which meets all technical requirements for the telephone company(ies) in installing telephone company equipment; to operate and maintain at least one (1) Public Safety Answering Point(s) and provide 9-1-1 emergency telephone service 24 hours a day, 365 days a year, for the City of Paris and Lamar County, Texas, and to abide by all rules, regulations, performance training standards adopted by CSEC, or its successor agency. The PSAP for the City of Paris and Lamar County, Texas, shall be situated at the location described as follows: Paris Police Depa~ment 811Bonham Paris, Texas 75460 to establish and implement procedures whereby ATCOG is notified of all changes in municipal boundaries, newly incorporated municipalities, street names and numbers, new rural subdivisions, additions of new streets and changes in the areas served by emergency service providers so that ATCOG may provide, maintain and update information as necessary in the 9-1-1 database; to provide calitakers and/or dispatchers access to emergency communications training as approved in the strategic plan, or as determined by the local government; and notify ATCOG of any new 9-1-1 calltakers/dispatchers to schedule for training; to designate a single point of contact for the PSAP and provide said contact information to ATCOG; to maintain a cooperative working relationship with ATCOG and the telephone companies for effective management of the 9-1-1 system; to assist ATCOG on educating the public about the proper use of 9-1-1 through the news media, elected officials, community groups, volunteers and others; any test or statistical information required herein shall be reported to ATCOG at times scheduled on forms specified by ATCOG as to the Public Agency's performance of this Contract; any equipment purchased by ATCOG, for the specific use of Public Agency, shall be owned by ATCOG; ATCOG shall maintain a complete inventory of 9-1-1 equipment, said inventory attached hereto as Exhibit "B". A physical inventory shall be conducted annually by ATCOG; t= the 9-1-1 equipment provided shall be used only for the processing of 9-1-1 calls; the 9-1-1 equipment and related data shall be used only by authorized public safety personnel. The PSAP shall notify ATCOG of any and all requests for such data, prior to release of any 9-1-1 data; to protect the 9-1-1 equipment and secure the premises of the PSAP against unauthorized entrance or use. Any lost or stolen equipment shall be reported to ATCOG as soon as possible after said loss is discovered; practice preventive maintenance for the PSAP equipment; provide emergency communications training to calltakers/dispatchers; to adhere to Health & Safety Code, Section 771.061, Confidentiality of Information, in maintaining 9-1-1 database information; to back up data as necessary on a removable medium and storing the removable medium in a secure place; no unauthorized personnel are to service or repair the 9-1-1 system components; to test all 9-1-1 and ancillary equipment for proper operation and user familiarity at least once a month. Testing should include 9-1-1 test calls placed from a wireline and wireless telephone; maintain a log of said test calls, and submit copies of the logs to ^TCOG monthly; to test all Telecommunications Devices for the Deaf (TDD) for proper operation and maintain user familiarity at least once a month; log all TDD/TTY calls and TDD/TTY test calls, as required by the Americans with Disabilities Act of 1990, and submit copies of the logs to ATCOG monthly; no modification or disposal of equipment or changes to software shall be made. No software shall be added to the 9-1-1 workstations, including but not limited to unauthorized programs, games, screensavers, etc. Any outages or downtime caused by such software or equipment modifications and costs thereof will be the sole responsibility of Public Agency; that the Public Agency will not be monetarily liable for any costs incurred for items that are covered by warranty, or the direct result of an incident over which they have no control (i.e., lightning, water as a result of flooding, power failure, etc.); to reimburse ATCOG and/or the Commission for any damage to 9-1-1 equipment caused by intentional misconduct, abuse, misuse or negligence Xo by PSAP employees, not including ordinary wear and tear or day-to-day use of equipment; PSAP personnel are responsible for reporting, to the appropriate party, any hardware or software problems immediately when the problem is first detected. The PSAP shall maintain a log of outages reporied and the resolution of same; ATCOG is required by the CSEC to perform on-site monitoring of the PSAP for proper use and operations of 9-1-1 equipment in compliance with applicable law, and the Public Agency agrees to cooperate fully with such on-site'monitoring. ATCOG will visit Public Agency's offices and monitor its performance of this contract, no less than once annually, to ensure compliance with applicable law. ATCOG will provide Public Agency a written monitoring report within 30 calendar days of the visit. The report will describe any compliance issues and schedule a follow-up visit if necessary. The Texas Commission on State Emergency Communications has the same inspection and visitation rights as ATCOG. ARTICLE 3 - ATCOG OBLIGATIONS 3.01 3.02 3.03 3.04 3.05 3.06 3.07 ATCOG, as administrator for 9-1-1 services for the region, agrees to receive monies from monthly access lines and/or equalization surCharge fees and to pay non-recurring and monthly recurring system and equipment costs according to the terms outlined in the regional plan. ATCOG agrees to maintain appropriate accounting and reporting mechanisms for inclusion of 9-1-1 financial activities in an ATCOG annual audit. ATCOG agrees to coordinate public education and information throughout the system. ATCOG agrees to serve as the Contracting entity with the appropriate telephone companies for service and equipment. ATCOG agrees to 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 PSAP, as listed on the attached Exhibit "B". ATCOG shall conduct physical inventories annually. 3.08 3.09 ATCOG shall continue address maintenance activities for Cass County in accordance with the approved Strategic Plan (including any approved amendments) as a condition of the receipt of 9-1-1 funds as prescribed by the Strategic Plan. ATCOG shall purchase supplies necessary for the continuous operation of the 9- 1-1 equipment, in compliance with proper procurement procedures. ARTICLE 4 - COMPENSATION 4.01 4.02 ATCOG has a Contract to pay the telephone company(les) and other vendors directly for the 9-1-1 equipment and services furnished to the Public Agency. The Public Agency understands that ATCOG's sole source of funding for paying the telephone company(les) and other vendors is a legislative appropriation distibuted by CSEC. If funds sufficient to pay the telephone companies and other vendors are not received, ATCOG may notify the agency of this fact, and upon receipt of this notice, the Public Agency's obligations under this Contract are suspended until ATCOG is able to resume payments. If the suspension continues for a cumulative total of 30 or more calendar days, or if the Commission terminates its contract with ATCOG, ATCOG or Public Agency may terminate this contract by giving the other notice of termination, and this contract terminates five business days after the receipt of notice. ARTICLE 5 - EFFECTIVE DATE AND TERM OF CONTRACT 5.01 This Contract shall be effective as of date of execution hereto, and shall remain in full force and effect for one year from the date of final execution hereof, to be automatically renewed thereafter on the anniversary of the original effective date for additional one year terms, unless terminated as provided in this article. Either party may at its discretion terminate this agreement following one hundred eighty (180) days written notice to the other party hereto. ARTICLE 6 - GENERAL PROVISIONS 6.01 6.02 6.03 6.04 6.05 6.06 6.07 The Public Agency is not an employee or agent of ATCOG, but carries out this Contract solely as an independent Contractor. Any notice under this Contract must be in writing and received by the party against whom it is to operate to be effective. Notice is received by a party: a. when it .is delivered to the party personally; on the date shown on the return receipt if mailed by certified mail, return receipt requested, to the party's address as specified herein and the receipt is signed on behalf of the party; or c. three (3) business days after its deposit in the United States mail, with first- class postage affixed, addressed to the party's address as specified herein. ATCOG's address is: Ark-Tex Council of Governments 122 Plaza West Texarkana, Texas, 75501 Attn: 9-1-1 Program Manager Public Agency's address is: City of Paris 2650 Clark Lane Paris, Texas 75461 A party may change its address specified herein by notifying the other party of the change in accordance with this paragraph. When the notice becomes effective, the changed address becomes the changing partner's address. The following attachments are part of this contract: a. Exhibit "A" - Contract as executed by and between the Commission on State Emergency Communications and the Ark-Tex Council of Governments b. Exhibit "B" - Inventory of Equipment installed at PSAP location Each individual signing this contract on behalf of a party warrants that he or she is legally authorized to do so and that the party is legally authorized to perform the obligations undertaken. 6.08 This Contract contains the entire agreement of the parties, and any amendment to said contract is not effective unless in writing and signed by both parties. 6.09 6.10 6.11 6.12 ATTEST: ATTEST: This Contract is binding on the parties' successors in interest. Each party to this contract, required to pay for the performance of governmental function or services under the terms of this contract, shall make the payments for those services or functions from current revenues available to the paying party. By executing this agreement, the governing bodies of each entity hereby find and determine that the contractual payments required hereunder, if any, have been determined te be an amount that fairly compensates the performing party for the services or functions performed under this agreement. This Contract is executed in duplicate originals. Executed this __ day of ,2003. ARK-TEX COUNCIL OF GOVERNMENTS -[.. D. W~'amson Executive Director CITY OF PARIS By: Name: Title: CONTRACT FOR 9-1-1 SERVICES 1.1 1.2 Art. 1. Parties and Purposes The Texas Commission on State Emergency Communications ("Commission") is charged by law with the responsibility to oversee the provision of 9-1-1 emergency services throughout the state, and Ark-Tex Council of Governments ("RPC") is charged with the responsibility to provide these services in its region. Providing these services requires a partnership among and cooperative efforts by the Commission, the RPC and the state's local governments, which are represented on the RPC's governing body. The Commission and the RPC enter into this Contract for Services ("Contract") to clarify and better define the rights and duties of each in carrying out their individual and collective responsibilities under the law. 2.1 2.2 2.3 Art. 2. Compliance with Applicable Law The RPC shall comply with all applicable federal and state laws ("applicable law") in carrying out its strategic plan that has been approved by the Commission. Applicable law includes, but is not limited to, the State Administration of Emergency Communications Act, Texas Health and Safety Code, Chapter 771; Commission rules implementing the Act contained in Title 1, Texas Administrative Code, Chapters 251, 252, 253, and 255; the Uniform Grant Management Standards (UGMS), Title 1, Texas Administrative Code, Sections 5.151 - 5.167; the Preservation and Management of Local Government Records Act, Texas Government Code, Chapter 441, Subchapter J; Texas Local Government Code, Chapter 391; Texas Government Code, Chapter 2260; and amendments to the referenced statutes and rules. Applicable law also includes, but is not limited to, the policies and procedures adopted by the Commission. The Commission may adopt new policies, procedures and rules and amend its existing policies, procedures and rules subject to the requirements of the Administrative Procedure Act ("APA"), Texas Government Code, Chapter 2001; any new or amended policy or procedure (other than an adopted rule) shall be enforceable against the RPC 30 days following the date of its adoption, unless the Commission finds and declares that an emergency exists which requires that such policy or procedure be enforceable immediately against the RPC. The Commission shall provide the RPC written notice of all new or amended policies, procedures and interpretations of Commission rules within a reasonable time after same are adopted by the Commission. RECEIVED CSEC CSEC FY 2004/2005 Contract for 9- ~-1 Services page 2 2.4 The RPC shall repay any 9-1-1 surcharge funds and service fees ("9-1-1 funds") expended by the RPC in noncompliance with applicable law. Such reimbursement shall be made in accordance with established Commission policies and procedures. The RPC shall advise the Commission in writing of its efforts to recover 9-1-1 funds in accordance with Article 4.1(d) herein. 2.5 in accordance with Texas Health and Safety Code, Section 771.078(c)(6), the Commission may withhold disbursement of funds to a RPC that does not follow a standard imposed by this Contract, a Commission rule and/or policy, or a statute. 2.6 The RPC shall maintain, at a minimum, a separate investment account for all 9-1-1 funds received. The RPC shall utilize an accounting system that complies with Commission policies and procedures, and with the requirements as provided in UGMS, Subpad C - Post Award Requirements, Section .20 - Standards for Financial Management Systems, which requires the recipient of state funds, the RPC, to maintain records which adequately identify the source and application of funds provided for financially assisted activities. These records must contain information pertaining to grant or subgrant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income. 3.1 3.2 Art. 3. Monitoring Compliance The RPC recognizes that the Commission reserves the right to perform monitoring of the RPC and/or its performing local governments or Public Safety Answering Points (PSAPs) for compliance with Commission rules and policies, as well as, all applicable law, and the RPC agrees to cooperate fully with such monitoring. The RPC recognizes that the Commission reserves the right to monitor RPC financial procedures and validate financial reimbursement requests for compliance with Commission rules and policies, accuracy, completeness, and appropriateness, prior to the Commission releasing state appropriated funds. 4.1 Art. 4. Standard Interlocal Agreement with Local Governments The RPC shall use intedocal agreements between itself and its local governments and PSAPs relating to the planning, development, operation, and provision of 9-1-1 service, the use of 9-1-1 funds and adherence to applicable law. These agreements must, at a minimum: (a) provide for compliance with applicable provisions of the state's UGMS as established by the Governor's Office of Budget and Planning, under the authority of Chapter 783 of the Texas Government Code; CSEC FY 2004/2005 Contract for 9-1-1 Services page 3 (b) provide a provision that the RPC will provide 9-1-1 funds to the local governments or PSAPs on a reimbursement basis using a monitoring process that provides assurance that the reimbursement requests from the local governments and PSAPs are complete, accurate, and appropriate; (c) include a provision that the RPC may withhold, decrease, or seek reimbursement of 9~1-1 funds in the event that those 9-1-1 funds were used in noncompliance with applicable law. (d) include a provision whereby the local governments and PSAPs shall return or reimburse the RPC and/or the Commission, as applicable, any 9-1~1 funds used in noncompliance with applicable law; (e) include a provision that such return or reimbursement of 9-1-1 funds to the RPC and/or the Commission, as applicable, shall be made by the local government or PSAP within 60 days after demand by the RPC, unless an alternative repayment plan is approved by the RPC and the Commission; (0 include provisions, consistent with UGMS and applicable law, addressing the RPC's ownership, transfer of ownership, and/or control of equipment acquired with 9-1-1 funds; in connection with the provisions of 9-1-1 service ("9-1-1 equipment"); (g.) include a provision, consistent with UGMS and applicable law, requinng the RPC to maintain a current inventory of all 9-1-1 equipment; (h) include a provision requiring reimbursement to the RPC and/or the Commission for damage to 9-1-1 equipment caused by intentional misconduct, abuse, misuse or negligence by PSAP employees; though this' provision shall not include ordinary wear and tear or ordinary day to day use of equipment; (i) provide, consistent with UGMS and appliSabie law, that the local governments and PSAPs will maintain adequate fiscal records and supporting documentation of all 9-1-1 funds distributed to such local governments and PSAPs and all 9-%1 funds spent by such local governments and PSAPs for 9-1-1 service, with specific detail for 9-1-1 funds received or spent relating to addressing or addressing database maintenance activities; (J) provide that the Commission or its duly authorized representative shall have access to and the right to examine all books, accounts, records, files, and/or other papers, or property pertaining to the 9-1-1 service, belonging to or in use by the local government, the PSAP, or by any other entity that has performed or will perform addressing or addressing database maintenance activities; and CSEC FY 200412005 Contract for 9-1-1 Services page 4 (k) provide a commitment by the RPC, the local government, or PSAP, as applicable, to continue addressing database maintenance activities in accordance with the approved Regional Plan (including any approved amendments) as a condition of the receipt of 9-1-1 funds as prescribed by the RPC strategic plan. 5.1 5.2 5.3 5.4 Art. 5, Competitive Procurement and Contract Administration The RPC shall use competitLve procurement practices and procedures similar to those required by state law for local governments, as well as any additional Commission policies, in connection with the procurement of any items to be obtained with 9-1-1 funds. For purposes of this Contract, the Texas Association of Regional Councils' ("TARC") Model Procurement Policy is considered sufficiently similar to the state law involved. Before entering any sole source contract or agreement, the RPC shall provide documentation to the Commission for review and approval of any asserted sole source exception to competitive procurement practices. Upon submission of proper documents required by applicable law, the Commission shall respond to the RPC per current Commission policy. The RPC shall include a specific, detailed statement of work, including appropriate benchmarks to evaluate compliance, in all contracts with vendors, local governments, and PSAPs to be paid from '9~1-1 funds. The RPC shall implement a contract administration management system that ensures contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. The RPC shall include performance bonds, a provision making refunds available for lack of quality performance, and/or contractual performance penalties in contracts with vendors to be paid from 9-1-1. funds. The RPC shall also include contract termination and modification provisions that promote quality performance and compliance by vendors for contracted items or services. The.RPC shall notify the Commission of any performance or compliance issues with vendors per current Commission policy. The RPC shall maintain sufficient records detailing the signifioant history of procurement, including the rationale for the method of procurement, the selection of contract type, the contractor selection or rejection, and the basis for the contract price, as outlined in the records retention requirements in UGMS. 6.1 Art. 6. Service Fee Funding In accordance with Texas Health & Safety Code, Section 771.071, as amended by House Bill 1983 (76th Legislative Session), the Comptroller shall receive all landline service fees and wireless service fees that are billed, collected and remitted by CSEC page 5 FY 2004/2005 Contract for 9-1-1 Services 6.2 6.3 telecommunications service providers. The Comptroller shall deposit money from the fees to the credit of the 9-1~1 services fee fund in the State Treasury. The Commission shall distribute money appropriated to the Commission from the 9-1-1 services fee fund to the RPC for use in providing 9-1-1 services as provided by this Contract, in accordance with Texas Health & Safety Code, Sections 771.071(0 and 771.078, and any applicable requirements contained in appropriation riders. Funds will be distributed to the RPC quarterly, according to current Commission payment methodology, unless the RPC is in substantial noncompliance with Commission rules and procedures. The RPC shall distribute the money to public agencies within its jurisdiction for use in providing those services. All fees and surcharges collected under the authority of Texas Health & Safety Code, Chapter 771, may b'e used only for planning, development, provision, and enhancement of the effectiveness of 9-1-1 service as approved by the Commission, and as provided by Texas Health & Safety Code, Section 771.075. Before the Commission makes a contract payment to the RPC from the 9-1-1 Services Fee Account for 9-1-1 service contract, the Commission shall ensure that the RPC has spent all balances and interest earned from emergency service fees for landline and wireless telecommunication services billed prior to August 31, 1999, and held outside the State Treasury, as well as, any unexpended balances in funds reserved to replace 9-1-1 capital equipment remaining after acquisition of equipment scheduled for replacement during the 2004-05 biennium. 6.4 The CSEC shall ensure that no more than $15,000,000 appropriated to the Commission for the FY 2004-05 biennium shall be allocated to the RPCs for administration of the statewide 9-1-1 program, according to current Commission policy. 6.5 None of the funds appropriated to the Commission to fund statewide 9-1-1 emergency communications and allocated to the RPC, may be used to replace or fund a reserve for future replacement of 9-1-1 capital equipment. 6.6 6.7 6.5.1 The RPC shall assist the Commission in creating a ten (10) year comprehensive statewide capital replacement plan for submittal to the Legislative Budget Board no later than November 1, 2003. The RPC shall submit a Historically Underutilized Business (HUB) plan, pursuant to Chapter 2161 of the government code. As provided by Texas Health & Safety Code 771.078(d), not more than ten percent (10%) of the money received by the RPC under Section 771.078(b) may be used for indirect costs by the RPC. The Governor's office will review and evaluate indirect costs and shall use the federal Office of Management and Budget circulars A-87 and A-122 or use any rules relating to the determination of indirect costs adopted under Chapter 783, Texas Government Code. CSEC FY 2004/2005 Contract for 9-1-1 Services page 6 6.8 In accordance with Texas Health & Safety Code, Section 771.078, the Commission shall ensure that the RPC receives money for 9-1-1 services in two separately computed amounts, one each for the respective landline and wireless service fees. The amount distributed to the RPC shall be in accordance with Texas Health & Safety Code, Sections 771.078(b)(1) and (b)(2), not to exceed the appropriated amount, as follows: · Landline service fee shall be calculated as follows: Total Emergency Service Fee Revenue Collected, Deposited and Appr. opriated to the Commission X Total Emergency Service Fees Collected from the Region Total Emergency Service Fees Collected for the State Wireless service fee shall be calculated as follows: Total Wireless Emergency Service Fee Revenue Collected, Deposited X and Appropriated to the Commission Population of Region Population of State 6.9 Upon a request from the RPC, the Commission shall provide the RPC with documentation and financial records of the amount of money collected in the region or of an amount of money allocated to the RPC, in accordance with Texas Health & Safety Code, Section 771.078, and this Contract. 7.1 7.2 7.3 Art. 7. Surcharge In accordance with Texas Health & Safety Code, Section 771.078(e), the Commission may allocate surcharges under Section 771.072(d) by means of this Contract. Section 771.072 of Texas Health & Safety Code indicates that the Commission may periodically allocate surcharges to the RPC for use in implementing the approved strategic plan to provision 9-1-1 service throughout its region. As implemented by Commission Rule 251.6, Guidelines for Strategic Plans, Amendments, and Revenue Allocation, it is the policy of the Commission to obligate surcharge funds for the biennium, based upon the approved RPC strategic plan and appropriated funds for the current biennium. The allocation of surcharge, as well as all other 9-1-1 funds, is contingent upon the RPC's compliance with the terms of this Contract, Commission policies and rules, as well as, all applicable law. CSEC page 7 FY 2004/2005 Contract for 9-1-1 Services 8.1 8.2 8.3 Art, 8. 9-1-1 Funds Distribution The Commission will distribute all 9-1-I funds, both service fee and surcharge, in accordance with Texas Law and CSEC rule and policy. As provided by Texas Government Code, Article IX, Section 6.34 (a), General Appropriations Act, a state agency shall distribute grants on a reimbursement basis, or as needed, unless otherwise provided by statute or otherwise determined by the grantor agency to be necessary for the purposes of the grant. Quarterly disbursement of 9-1-1 funds to the RPC shall be made on a reimbursement basis according to current Commission policy. If the RPC's funding is depleted before the end of a fiscal quarter, a financial emergency funding rec~uest may be made by the RPC to the Commission (see Art. 9. RPC Emergency Funding). The Commission has determined that a proper public purpose is served by providing start-up funding, at the beginning of each fiscal year, to the RPC for payment of operating costs of the region's 9-1-1 system. Start-up funding to the RPC from the Commission may be made at the beginning of each fiscal year. The Commission shall provide start-up funds to the RPC according to Commission policy. Start~up funding is defined as cash from appropriated funds provided by the Commission to the region to pay initial fiscal year 9-1-1 program expenses, prior to the first quarterly reimbursement request being received for the current fiscal year. Start-up funds from the prior fiscal year, ending the preceding August 31st, shall be returned to the Commission no later that October 30th each year. 9.1 9.2 9.3 Art. 9. RPC Emergency Funding The Commission may provide appropriated funds to the RPC upon demonstration and documentation that a financial emergency exists that will compromise the 9-1-1 system or impact public safety. The Commission shall consider a financial emergency as a situation in which the RPC requires additional funding to sustain the current and normal operation of 9-1-1 systems and their administration, as well as to meet contractual obligations as provided for in their approved strategic plan; and that, without the assistance of these additional funds, would result in a compromise of the 9-1-1 system or impact public safety. A financial emergency wouM arise, and public safety compromised, if the 9-1-1 system was terminated due to non-payment of invoices. Emergency funds may be distributed based upon the documented expenditures creating the need. The provision of emergency funds will be used for specific operational and administrative expenses identified in the supporting documentation. CSEC page 8 FY 2004/2005 Contract for 9-1-1 Services 9.4 The request shall include a narrative description of what the funds are to be used for, and how these expenditures relate to their strategic plan. 9.5 The Commission will review the request for accuracy and compliance with the current approved strategic plan and agency policy statements. Upon review and approval of the request, the Commission will disburse the necessary funding, not to exceed the RPC approved strategic plan and the appropriation of revenues. 9.6 The advanced funds shall remain at the regional level, supporting operations and administration expenses throughout the fiscal year, and will be reconciled in the fourth quarter of each fiscal year. 10.1 10.2 10.3 Art. 10. Strategic Planning In accordance with Texas Health & Safety Code, Section 771.055, as amended by House Bill 1983 (76th Legislative Session), the RPC shall develop a regional plan for the establishment and operation of 9-1-1 service throughout the respective region. The 9-1-1 service must meet the standards established by the Commission. A regional plan must describe how the 9-1-1 service is to be administered. The RPC biennium, 10.2.1 must update its regional plan at least once during each state fiscal and must include the following: A description of how money allocated to the region is to be allocated throughout the region served by the RPC; 10.2.2 Projected financial operating information for the two state fiscal years following the submission of the plan; 10.2.3 Strategic planning information for the five state fiscal years following submission of the plan; and 10.2.4 A Historically Underutilized Business (HUB) plan, pursuant to Chapter 2161 of the Government Code. The RPC shall submit a regional plan, or amendment to the plan, to the Commission for review and approval or disapproval, as required by Texas Health & Safety Code, Section 771.056. In turn, the Commission shall consider the appropriateness of the plan or amendment in satisfying the standards set by the Commission, the cost and effectiveness of the plan or amendment, as well as the appropriateness of the plan or amendment in context with overall statewide 9-1-1 service. CSEC page 9 FY 2004/2005 Contract for 9-1-1 Services 10.4 The Commission shall notify the RPC of the approval or disapproval of the regional plan submission, or an amendment to the plan, within 90 days of receipt of an administratively complete submission. Amendments that do not require Commission approval, as defined by Commission Rule 251.6, Guidelines for Strategic Plans, Amendments, and Revenue Allocation, will be reviewed and the RPC notified of approval or disapproval within 15 working days of receipt by Commission staff. If the plan or amendment is disapproved, the Commission will provide specific reasons for such, and shall establish a deadline for submission of a modified plan. 10.5 If the plan or amendment is approved, the Commission shall allocate to the RPC from the m. oney collected under Texas Health & Safety Code, Sections 771.071, 771.0711, and/or 771.072 as appropriated to the Commission, and in accordance with the terms of this Contract. 10.6 The Commission may withhold distribution of funds to the RPC until an administratively complete strategic plan is submitted according to Commission policy, procedure and strategic planning guidelines. 11.1 11.2 Art. 11, Reporting Requirements The RPC shall submit financial and performance information and reports regarding 9-1-1 service and administration to the Commission in accordance with Texas Health & Safety Code Section 771.078. The RPC shall provide the reporting information in accordance with standards and guidelines established by Commission rules and policies. The RPC shall submit the following information to the Commission, at least once per quarter of each fiscal year. 11.1.1 Financial information regarding administrative and program expenses shall be reported in accordance with generally accepted accounting principles. 11.1.2 Information regarding the current performance, efficiency, and degree of implementation of emergency communications services in the region served by the RPC. The RPC shall be responsible for collecting and reporting efficiency data on the operation of each of the 9-1-1 answering points within its region. The RPC shall submit at a minimum the following information to the Commission, at least once per quarter of each fiscal year, according to current Commission policy. 11.2.1 11.2.2 Total 9~1-1 calls answered per month Outage of 9-1-1 service (type and duration) CSEC page 10 FY 2004/2005 Contract for 9-1-1 Services 12.1 11.2.3 Total Wireline calls answered per month 11.2.4 Total Wireless 9-1~1 calls answered per month Art. 12. Use of Answering Points The RPC shall comply with the minimum standards and guidelines established by Commission Rule 251.1, Regional Strategic Plans for 9-1-~ Service, for the use of answering points and the creation of new answering points in accordance with Texas Health & Safety Code Section 771.078. 13.1 13.2 13.3 13.4 13.5 Art. 13. Dispute Resolution The dispute resolution process provided for in Chapter 2260, Subsection F, Title 10, of the Texas Government Code must be used by the Commission and the RPC to attempt to resolve all disputes arising under this Contract. Disputes include, but are not limited to, disagreement between the parties about the meaning or application of the RPC's proposed or approved strategic plan, the applicable law or policy, or this Contract. The parties desire to resolve disputes without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. To this end, the parties agree not to sue one another, except to enforce compliance with this Art. 13, until they have exhausted the procedures set out in this Art. 13. At the written request of either party, each party shall appoint one non-lawyer representative to negotiate informally and in good faith to resolve any dispute arising between the parties. Notwithstanding Section 2230.052(b) of the Texas Government Code, the parties agree to appoint their representatives and hold the first negotiating meeting within 15 calendar days of receipt of the request. The representatives appointed shall determine th.e location, format, frequency, and duration of the negotiations. if the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to submit the dispute to mediation by an administrative law judge employed by the State Office of Administrate Hearings (SOAH), as authorized by Chapter 2009 of the Texas Government Code law. Within 45 calendar days after the effective date of this Contract, the Commission agrees to contract with SOAH to mediate any future disputes between the parties described in Article 13.1. Each party agrees to pay one-half the total fee and expenses SQAH charges for conducting a mediation, and the Commission agrees that the RPC's share of the total is an allowable cost reimbursable to the RPC under this Contract. CSEC page 11 FY 2004/2005 Contract for 9-1-1 Services 13.6 13.7 The parties agree to continue performing their duties under this Contract, which are unaffected by the dispute, during the negotiation and mediation process. If the parties are unable to set-tle their dispute by mediation, either party may request a contested case hearing under Section 2260.102 of the Texas Government Code. 14.1 14.2 14.3 14.4 14.5 14.6 Art. 14. Miscellaneous Provisions The RPC shall work with the Commission, the local governments and PSAPs to develop, maintain and regularly monitor performance of the operation and the provision of 9-1-1 service and to develop and implement risk assessment processes. As the RPC becomes aware of the need for additional training or expertise relating to the planning, development, implementation or operation of 9-1-1 service (including addressing or address maintenance activities), by the RPC, the local governments or PSAPs in their areas, the RPC shall notify the Commission promptly of that need so that all parties may address that need in a timely manner. Unless otherwise directed by the Commission, the RPC shall arrange for the performance of an annual financial and compliance audit of its financial statements and internal control environment according to the requirements of the Texas UGMS and the Texas Single Audit Circular, as established by the Governor's Office of Budget and Planning, under the authority of Chapter 783 of the Texas Government Code. The RPC shall be liable to the Commission for any costs disallowed as a result of the audit of its financial statements and internal control environment pursuant to funds received under the terms of this Contract. The RPC recognizes the right of the State Auditor's Office to review and/or audit the RPC's documentation and accounts relevant to the state-funded 9-1-1 program as authorized by Texas Government Code, Chapter 321. Such an audit or review is considered separate and apart from audits required by UGMS. A summary of the approved RPC 9-1-1 strategic plan costs and revenue allocations shall be made part of this Contract by way of attachment. The RPC shall provide, at a minimum, the CSEC with the following reports and/or information as required by Commission policy: 14.6.1 14.6.2 14.6.3 14.6.4 Quarterly Financial Status Reports Quarterly Performance Reports Compliance monitoring information, data and documentation Supporting documentation for CSEC financial monitoring and sampling CSEC page 12 FY 2004/2005 Contract for 9-1-1 Services 14.7 14.8 14.9 14.6.5 14.6.6 14.6.7 14.6.8 Encumbrance and Payables Reporting Post Fiscal Year-End Reporting Emergency Funding Requests - supporting documentation Plan Amendments as required by Commission To the extent of any conflict between any item in this Contract and an adopted Commission rule, present or future, the Commission rule shall prevail over the item in this Contract. 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. This Contract takes effect on the date it is signed on behalf of the Commission, and it terminates on August 31 of the second year of the biennium. AGREED TO: Paul Mallett Executive Director Texas Commission on State Emergency Communications 333 Guadaluoe. StJif~. 'Iv17. L. D. William~cJn', 'Executive Directo~ Ark-Tex Council of Governments P. O. Box 5307 Texarkana, Texas 75505-5307 D~te EXHIBIT 'B' TO THE ARK-TEX COUNCIL OF GOVERNMENTS INTERLOCAL COOPERATION AGREEMENT iNVENTORY OF EQUIPMENT INSTALLED AT PARIS POLICE DEPARTMENT LAMAR COUNTY, TEXAS MANUFACTURER EQUIPMENT SERIAL INSTALL DESCRIPTION NUMBER DATE I~AARS CABINET Vlonitor and VlAARS Cabinet (ey Board .)390 + 911 :EXMARK =RINTER 1-9B174 :E SERIES FERRUPS IPS LJNAVAIL DICTAPHONE 32 CH GUARDIAN 32241-032 (COST SHARE) S42181 Jan-O( SWB ROUTER ClSCO JAB040533CS Aug-O( AT&T ROUTER CISCO JAB043751FD Aug-00 APU #1 GATEWAY CPU iX27JYFZTOSG 9/10/2002 MONITOR 204218758 9/10/2002 ~,PU #2 .~ATEWAY ~'PU ~X27JYFZTOSG 9/1012002 vlONITOR .>04219163 9/10/2002 ~,PU #3 ,~AT EWAY .CPU ~X27JYFZTORX 9/10/2002 VIONiTOR 204218759 9/10/200,c I'DD/TTY 17822728031 8/15/200," EPSON STYLUS-C80 D33E590609 9/1010; Ultratec TDD 1782272803'