HomeMy WebLinkAboutPR 21956: INTERLOCAL CONTRACT SETRPC, 911 SERVICE AND THE USE OF FUNDS, AND ADHERENCE TO APPLICABLE LAWS City of
orl rthur
Texas
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: May 14, 2021
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Timothy Duriso, Chief of Police-' S a
RE: PR 21956—Interlocal Contract—South East Texas Regional Planning
Commission relating to the planning, development, operations, and provisions
of 9-1-1 service, the use of 9-1-1 funds, and adherence to applicable laws.
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
execute an Interlocal Contract with the South East Texas Regional Planning Commission
(SETRPC)relating to the planning, development, operation, and provisions of 9-1-1 service,
the use of 9-1-1 funds, and adherence to applicable laws.
Background:
The South East Texas Regional Planning Commission(SETRPC) 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. SETRPC has developed a Strategic Plan for the administration and operation of 9-1-1
emergency telephone service in Hardin, Jefferson, and Orange Counties. The Commission on
State Emergency Communications (CSEC)has approved SETRPC's Current strategic plan.
The City of Port Arthur, Texas is a Texas municipality that operates one of more Public Safety
Answering Points (PSAP)that assist in implementing the Strategic Plan as authorized by
Chapter 771 of the Health and Safety Code. This agreement replaces the current two-year contract
that expires on August 31,2021 with SETRPC.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
City of
or( rthur"r—
Texas
www.PortArthurTx.gov
Budget Impact:
N/A
Recommendation:
It is recommended that City Council approve the City Manager to execute an Interlocal
contract with the South East Texas Regional Planning Commission(SETRPC)relating to the
planning, development, operation, and provisions of 9-1-1 service, the use of 9-1-1 funds, and
adherence to applicable laws.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No. 21956
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL CONTRACT WITH SOUTH EAST
TEXAS REGIONAL PLANNING COMMISSION RELATING TO
THE PLANNING, DEVELOPMENT, OPERATION AND
PROVISION OF 9-1-1 SERVICE AND THE USE OF 9-1-1
FUNDS.
WHEREAS, the City Council deems it in the best
interest of the citizens to enter into an Interlocal
Contract with the South East Texas Regional Planning
Commission relating to the planning, development, operation
and provision of 9-1-1 service and the use of 9-1-1 funds
as delineated in the Interlocal Contract attached hereto as
Exhibit "A" ; and
WHEREAS, the terms of the Interlocal Contract will be
two (2) years, effective August 31, 2021 and shall terminate
on August 31, 2023 ; and
WHEREAS, the current Interlocal Contract will
terminate on August 31, 2021 .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the
preamble are true and correct .
Section 2 . That the City Manager is herein authorized
to execute the Interlocal Contract with the South East
Texas Regional Planning Commission relating to the
planning, development, operation and provision of 9-1-1
service and the use of 9-1-1 funds, in substantially the
same form as attached as Exhibit "A" .
Section 3 . That a copy of the Resolution shall be
spread upon the Minutes of City Council .
READ, ADOPTED AND APPROVED on this day of May,
A.D. , 2021, at a Regular Meeting of the City Council of the
City of Port Arthur, Texas, by the following vote : AYES:
Mayor:
P.R. No. 21956
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Councilmembers :
NOES:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
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(. A 7 L),GL-Pe.-,--,- 19e1L4t-yell
Va Tizeno
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton
City Manager
P.R. No. 21956
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EXHIBIT "A"
CALL
1131• Emergency Network
EMERGENCY
South East Texas
Regional Planning Commission
April 20, 2021
Chief Tim Duriso
Port Arthur Police Department
645 4th Street
Port Arthur, Texas 77641
Dear Chief Duriso:
The South East Texas Regional Planning Commission 9-1-1 Emergency Network has developed
an "Interlocal Agreement for Operation of a Regional 9-1-1 System"that meets the State of
Texas requirements of program and system accountability regarding maintenance, equipment
upgrade, and training associated with the 9-1-1 program. This agreement replaces the current
two-year contract that expires on August 31, 2021 with SETRPC. There are no changes with this
new agreement other than extending the two-year term which is set to expire on August 31,
2023. Execution of this contract is needed as a part of our regional effort to enhance 9-1-1
telecommunications at each of the twelve (12) PSAP locations throughout Hardin, Jefferson, and
Orange counties.
We have enclosed a signed original copy of this agreement for your review and approval by the
City Council. Please return the completed agreement to my office by August 15, 2021.
Should any questions arise, feel free to contact me at (409) 899-8444 x 6106.
Sincerely,
Pe- _
`y_
Jeff Wilmore
SETRPC
9-1-1 Emergency Network
PD/
Enclosure
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
9-1-1 EMERGENCY COMMUNICATIONS
INTERLOCAL CONTRACT RELATING TO THE
PLANNING, DEVELOPMENT, OPERATION AND PROVISION
OF 9-1-1 SERVICE AND THE USE OF 9-1-1 FUNDS
This Contract is entered into between the
South East Texas Regional Planning Commission
and the
City of Port Arthur,Texas
South East Texas Regional Planning Commission
INTERLOCAL CONTRACT FOR
PLANNING, DEVELOPMENT, OPERATION AND PROVISION
OF 9-1-1 SERVICE AND USE OF 9-1-1 FUNDS
Parties and Purpose
1.1 The South East Texas Regional Planning Commission (SETRPC) 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. SETPRC has developed a Strategic Plan for the administration and operation
of 9-1-1 emergency telephone service in Hardin, Jefferson, and Orange counties. The
Commission on State Emergency Communications (CSEC) has approved SETRPC's current
strategic plan.
1.2 The City of Port Arthur, Texas (Public Agency) is a Texas municipality that
operates one or more Public Safety Answering Points (PSAP) that assist in implementing the
Strategic Plan as authorized by Chapter 771 of the Health and Safety Code.
1.3 This contract is entered into between SETRPC and Public Agency under
Chapter 791 of the Government Code. This contract relates to the planning, development,
operation, and provision of 9-1-1 service, the use of 9-1-1 funds, and adherence to applicable
law.
Goods and Services
2.1 Public Agency agrees to:
(1) cooperate with SETRPC in acquiring and installing necessary equipment
for the 9-1-1 system.
(2) comply with applicable provisions of the Uniform Grant Management
Standards, as established by the Governor's Office of Budget and Planning, under the authority
of Chapter 783 of the Texas Government Code.
(3) comply with the Uniform Grant Management Standards, applicable law,
and SETRPC policies, as outlined in Section 3 of this contract, related to ownership, transfer of
ownership, and /or control of equipment acquired with 9-1-1 funds in connection with
providing 9-1-1 service.
(4) abide by all rules, regulations, performance training standards, etc.
adopted by SETRPC and CSEC or its successor agency.
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(5) purchase supplies such as printer paper, printer ribbons, cleaning
materials, etc. necessary for the continuous operation of PSAP(s).
(6) secure the premises of PSAP(s) against unauthorized entrance and
protect the 9-1-1 equipment from unauthorized use and ensure sufficient controls and security
exists by which to protect and safeguard the 9-1-1 equipment against loss, damage, or theft.
(7) practice preventive maintenance for the 9-1-1 equipment, including at a
minimum, testing emergency power generators periodically, and ensuring that all equipment is
working properly.
(8) participate in emergency communications training for call-
takers/dispatchers as scheduled and provided by SETRPC.
(9) complete such reports and other documentation as may be reasonably
required by CSEC, the PSAPs, SETRPC, or the service provider.
E 9-1-1 Equipment Purchasing and Leasing
3.1 (a) SETRPC hereby agrees to provide services and equipment, whether
purchased or leased, for Public Agency including all non-recurring and monthly recurring
charges for equipment and network charges as approved by the CSEC. SETRPC also agrees to
provide for repairs, updates to and replacement of equipment as deemed necessary by SETRPC
and as approved by the CSEC.
(b) All leased equipment remains the sole property of the lessor.
3.2 Except as noted in paragraph 3.6, SETRPC owns all 9-1-1 equipment purchased
on behalf of Public Agency with emergency service fees. Public Agency is licensed to use the 9-
1-1 equipment in providing enhanced 9-1-1 emergency telephone services.
3.3 Public Agency agrees to notify SETRPC in writing before encumbering,
transferring, or otherwise disposing of the 9-1-1 equipment. In addition, Public Agency and
PSAP(s) shall reimburse SETRPC and/or the CSEC, as applicable, for damage to 9-1-1 equipment
caused by intentional misconduct, abuse, misuse, or negligence by PSAP employees, normal
wear and tear or ordinary day to day use of equipment excepted. Further, upon the installation
of any additional equipment or software by SETRPC, Public Agency agrees to comply with the
provisions of Exhibit "A" attached hereto and incorporated herein as referenced.
3.4 Public Agency acknowledges that SETRPC representatives will visit Public Agency
on a regular basis to monitor functionality and use of all equipment associated with 9-1-1 call
handling and processing and on an annual basis to conduct a physical inventory of all said
equipment.
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3.5 Paragraphs 3.1, 3.2 and 3.3 survive the expiration or early termination of
this contract and continue in effect so long as Public Agency use the 9-1-1 equipment.
3.6 When 9-1-1 equipment is purchased with a combination of monies from Public
Agency and emergency service fees, SETRPC may elect to transfer ownership of said equipment
to Public Agency. SETRPC will provide Public Agency with a "Certification of Purchase by
City/County/Agency Transfer of Ownership" document outlining the responsibilities of Public
Agency. Those responsibilities include, but are not limited to, maintenance of equipment and
ensuring equipment is always fully functional. Additionally, Public Agency shall provide
adequate insurance policies on said equipment to provide for replacement of equipment in
cases of loss where applicable.
3.7 SETRPC will provide 9-1-1 funds to Public Agency and/or PSAP(s) on a
reimbursement basis using a monitoring process that provides assurances that the
reimbursement requests from the Public Agency and/or PSAP(s) are complete, accurate and
appropriate.
Effective Date and Term of Contract
4.1 The term of this contract shall be two years, effective on September 1, 2021 and
shall terminate on August 31, 2023.
Independent Contractor
5.1 Public Agency is not an employee or agent of SETRPC, but furnishes
services under this contract solely as an independent contractor.
Assignment and Subcontracting
6.1 Public Agency may not assign its rights or subcontract its duties under this
contract without the prior written consent of SETRPC. An attempted assignment or subcontract
in violation of this paragraph is void.
6.2 If SETRPC consents to subcontracting, each subcontract is subject to all
the terms and conditions of this contract, and Public Agency agrees to furnish a copy of this
contract to each of its subcontractors.
Records
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7.1 Public Agency agrees to assist SETRPC, where applicable, in maintaining a current
inventory of all 9-1-1 equipment, consistent with the Uniform Grant Management Standards
and applicable federal and state law.
7.2 Public Agency and PSAP(s) agree to comply with SETRPC requirements for
documenting and reporting 9-1-1 data base errors and ANI/ALI problems.
7.3 Public Agency and PSAP(s) agree to maintain, consistent with Uniform Grant
Management Standards and applicable federal and state law, adequate fiscal records and
supporting documentation for all 9-1-1 funds reimbursed to Public Agency and PSAP(s) and all
9-1-1 funds spent by Public Agency and PSAP(s).
7.4 Subject to the additional requirement of paragraph 7.5, Public Agency
agrees to preserve records, at a minimum, for three years.
7.5 If an audit of or information in the records is disputed or the subject of
litigation, Public Agency agrees to preserve the records until the dispute or litigation is finally
concluded, regardless of the expiration or early termination of this contract.
7.6 SETRPC is entitled to inspect and copy, during normal business hours at
Public Agency's offices where they are maintained, the records maintained under this contract
for as long as they are preserved.
7.7 SETRPC is also entitled to visit Public Agency's offices, talk to its
personnel, monitor and inventory equipment, and audit its records, all during normal business
hours, to assist in evaluating its performance under this contract.
7.8 SETRPC, CSEC, the Texas State Auditor, and/or their duly authorized
representatives, 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
Public Agency, PSAP(s), or by any other entity that has performed or will perform addressing or
addressing data base maintenance activities.
Nondiscrimination and Equal Opportunity
8.1 Public Agency shall not exclude anyone from participating under this
Contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate
against anyone in carrying out this contract because of race, color, religion, sex, age, disability,
handicap, or national origin.
Dispute Resolution
9.1 The parties desire to resolve disputes arising under this contract without
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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 paragraphs 9.1-9.2, until they have exhausted the procedures set
out in these paragraphs.
9.2 At the written request of either party, each party shall appoint one
nonlawyer representative to negotiate informally and in good faith to resolve any dispute
arising under this contract. The representatives appointed shall determine the location,
format, frequency, and duration of the negotiations.
9.3 If the representatives cannot resolve the dispute within 30 calendar days
after the first negotiation meeting,the parties agree to refer the dispute to the Dispute
Resolution Center of Jefferson County for mediation in accordance with the Center's mediation
procedures by a single mediator assigned by the Center. Each party shall pay half the cost of
the Center's mediation services.
9.4 The parties agree to continue performing their duties under this contract,
which are unaffected by the dispute, during the negotiation and mediation process.
Suspension for Unavailability of Funds; Withholding, Decrease
or Reimbursement of Funds Due to Non-compliance
10.1 Public Agency acknowledges that SETRPC's sole source of funding
for this contract is 9-1-1 emergency service fees. In the event that:
(1) SETRPC's approved budget and/or appropriations to CSEC from the Texas
Legislature do not permit or otherwise appropriate funds for reimbursement
to Public Agency provided for in this Agreement, and
(2) Such lack of permission or non-appropriation shall not have resulted from
any act or failure to act on the part of SETRPC, and
(3) SETRPC has exhausted all funds legally available for reimbursement to Public
Agency, and no other legal procedures shall exist whereby payment
hereunder can be made to Public Agency; and
(4) SETRPC has negotiated in good faith with Public Agency to develop an
alternative payment schedule or new agreement that will accommodate
SETRPC's approved budget and/or appropriations for the applicable period,
then SETRPC will not be obligated to reimburse Public Agency for the
applicable budget year(s).
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10.2 Public Agency acknowledges that SETRPC may withhold, decrease, or seek
reimbursement of 9-1-1 funds in the event such funds are or were used in non-compliance with
applicable federal or state law. Further, Public Agency and PSAP(s) shall return or reimburse
SETRPC and/or CSEC, as applicable, any 9-1-1 funds used in non-compliance with applicable
law. Such return or reimbursement of 9-1-1 funds to SETRPC and/or the CSEC, as applicable,
shall be made by the Public Agency or PSAP(s) within sixty (60) days after demand by SETRPC,
unless an alternative repayment plan is approved by SETRPC and CSEC.
Termination for Convenience
11.1 Either party may terminate this contract in its entirety for convenience by
giving the other notice of intent to terminate. After the notice is received, the parties shall
negotiate in good faith the terms and effective date of the termination. In any event, however,
this contract terminates 60 calendar days after a party receives the notice of termination.
Notice to Parties
12.1 Notice to be effective under this contract 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; (2) when a party receives a facsimile of the notice, as
confirmed by the sender's facsimile machine; (3) 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 paragraph 12.2 and signed on behalf of the party; or (4) three business days after its deposit
in the United States mail, with first-class postage affixed, addressed to the party's address
specified in paragraph 12.2.
12.2 SETPRC's address is 2210 Eastex Freeway, Beaumont, Texas 77703
Attention: 9-1-1 Director. SETRPC's telephone number is (409) 724-1911, and its facsimile
number is (409) 347-1953. Public Agency's address is 645 4th Street, Port Arthur, Texas 77641
Attention: Chief Tim Duriso. Public Agency's telephone number is 409-983-8668, and its
facsimile number is 409-985-8778.
12.3 Public Agency agrees to notify SETRPC of a change of address or contact
information by providing notice of the change in accordance with paragraph 12.1.
Further Agreements; Miscellaneous
13.1 By their respective signatures below, SETRPC, Public Agency, and PSAP(s), as
applicable, commit to continue providing 9-1-1 services as a condition of the receipt of 9-1-1
funds as prescribed by the SETRPC Strategic Plan.
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13.2 Each individual signing this contract on behalf of a party warrants that he
or she is legally authorized to do so and that such party is legally authorized to perform the
obligations undertaken.
13.3 This contract states the entire agreement of the parties, and an amendment
to this contract is not effective unless in writing and signed by all parties.
13.4 This contract is binding on and inures to the benefit of the parties'
successors in interest.
13.5 This contract is executed in duplicate originals.
CITY OF PORT ARTHUR SOUTH EAST TEXAS REGIONAL PLANNING
COMMISSION //II
Signature Signature Azai,(k � '
Printed Name: Printed Name: Shanna Burke
Title: Title: Executive Director
Date: Date: o¢/da/d°a-I
EXHIBIT A
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PSAP RULES REGARDING 9-1-1 EQUIPMENT
1. Only the designated Dispatch Supervisor or other designated supervisor is to have the
administrative password or security code for the 9-1-1 computer equipment.
2. No unauthorized software is to be loaded onto the 9-1-1 system.
3. No unauthorized personnel are to service or repair the 9-1-1 system components.
4. No unauthorized personnel are to use the 9-1-1 system.
5. PSAP personnel are responsible for reporting any hardware or software problems to the
appropriate service provider and/or SETRPC within a reasonable period from the time the
problem is first detected.
6. Public Agency and PSAP(s) shall be liable for expenses incurred by the SETRPC in repairing or
replacing software or hardware that must be replaced due to abuse or negligence or as a
direct result of any violation of the rules stated herein.
7. Public Agency and PSAP(s) will not be held monetarily liable for costs incurred for items that
are covered by warranty, or if they are the result of an incident over which they have no
control (i.e., lightning, water because of flooding, power failure, etc.)
8. Failure to abide by these rules may result in the SETRPC terminating this agreement and not
placing a PSAP at that location.
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