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HomeMy WebLinkAboutPR 15052: 9-1-1 INTERLOCAL CONTRACTMemorandum Ta Steve Fitzgibbons; City Manager From: Mark Blanton, Chief of Police Date: February 2, 2009 Re: Proposed Resolution No.15052 RECOMMENDATION: It is recommended that the City Council adopt Proposed Resolution No. 15052 authorizing the City Manager to execute anInterlocal-Contract .relating to the planning, development, operation and provision of 9-1-1 service and the use of 9-1-1 funds. .BACKGROUND: The 9-1-1 Contract was developed in cooperation with Legal Counsel and the Commission on State Emergency Communications (CSEC) and meets the State of Texas requirements of program and system accountability regarding the 9-1-1 Program. In addition, the Contract outlines the roles and responsibilities of the South East Texas Regional Planning Commission (SETRPC) and local goveminents in the provision of 9-1-1 service. This Contract supersedes the previous Interlocal Contract for Public Safety Answering Point Maintenance, Equipment Upgrade, and Training,. which was executed in January, 2004. BUDGETARY/FISCAL EFFECT: None. STAFFING/EMPLOYEE EFFECT: None. SUMMARY: It is recommended that the City Council adopt Proposed Resolution No. 15052 authorizing the City Manager to execute an Interlocal Contract relating to the planning, development, operation and provision of 9-1-1 service and the use of 9-1-1 funds. MB;sz P.R. No. 15052 - 1/30/09 sz RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL CONTRACT 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 interests of the citizens to enter into an Interlocal Contract with Southeast 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 explained in Exhibit "A" and as delineated in the contract attached hereto as Exhibit "B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OE 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 in substantially the same form as attached hereto as Exhibit `B". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Council City Delores Prince, Mayor ATTEST: Terri Hanks, Acting City Secretary APP'R oOVED AS TO FORM: ~l ~ < Mazk Sokolov, Ci Attorney ~ ~~q Q~ q~) APPROVED FOR ADMIi~ISTRATION: _'"~~ - V Steve Fitzgibbons, City Manager EXHIBIT "A" Emergency Network January 27, 2009 7oYm Tatroe Port Arthur Police Department P O Box 1089 Port Arthur, Texas 77641 Dear John: Enclosed is an "Interlocal Contract Relating to the Planning, Development, Operation and Provision of 9-1-1 Service and the Use of 9-1-1 Funds." The Contract was developed in cooperation with Legal Counsel and the Commission on State Emergency Communications (CSEC) and meets the State of Texas requirements of program and system accountability regarding the 9-1-1 program. In addition, the Contract outlines the roles and responsibilities of the South East Texas Regional Planning Commission (SETRPC) and Local Governments in the provision of 9-1~1 service. This Contract supercedes the previous "Interlocal Contract for Public Safety Answering Point Maintenance,. Equipment Upgrade; and Training" entered into by your agency and the SETRPC. The only substantive change is the removal of Section 13.4 which referenced the inclusion of Attachment 1, ANUALI Problem Report. With the removal of Section 13.4, Attachment 1 was also removed. The reporting of data base errors and ANUALI problem is referenced in Section 7.2. While these Contracts renew annually, as stated in Section 4.1, SETRPC must execute new Contracts periodically in compliance with CSEC rules. Your current Contract was executed in January 2004. Two (2) originals of the Contract aze enclosed for review and 'adoption by the City Council. Please return both of the signed Contracts to Gina LaRocca, 9-1-1 Operations Manager, 2210 Eastex - Freeway, Beaumont, Texas 77703. Upon completion by SETRPC, a fully executed original will be returned to you for your files. Should you have any questions, please contact me or Gina LaRocca at (409) 724-1911. Sincerely, ~~~, Pete De La ruz, Director 9-1-1 Emergency Communications PD/gl Enclosure 2210 Eastex Freeway • Beaumont. Texas 71703 • ~409~ 724-1911. • ~409~ 347.191 I • Fax ~409~ 347-1953 South East Texas Regional Planning Commission EXHIBIT "B" SOliTH EAST TEXAS REGIONAL PLANNNG CObIMISSION 9-1-I 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 Plarming 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 plamring 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 which has been approved by the Commission on State Emergency Communications (CSEC). 1.2 The City of Port Arthur, Texas (Public Agency) is a Texas municipality that operates one or more Pubtic 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 plamiing, development, operation and provision of 9-1-1 service, the use of 9-1-1 fiords 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;; t4) :abide by atl rules, revelations, performance training standards, etc. adopted by SE1'Rl'C and CSf:C or its successor agency; - (5j 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-i equipment from unauthorized use; (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 ca11- takers/dispatchers as scheduled and provided by SETRPC; (9) complete such reports and other documentation as maybe reasonably required by CSEC, the PSAPs; SETRPC, or the service providei. ~ E 9-1-1 Equipment. Purchasing and Leasing . I 3.1 (a) SETRPC hereby agreesto 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-I-I 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-I emergency telephone services. 3.3 Public Agency agrees to notify.SETRPC in writing before encumbering; transfening, or otherwise disposing of the 9-1-I equipment. >n 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 ~.vill 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 armual basis to conduct a physical inventory of all said eduipment. 3.5 Paravraphs 3. I, 3 2 and 3.3 survive. the expiration ur early termination of this contract and continue in effect so long as Public Agency uses the 9-1-1 equipment. 3.6 -When 9-1-1 equipment is purchased with a combination of nrunies from Pubh~ Agenc}' and emergency serrue fees, SE'['RPC may elect to transfer ownership of said equip;r~cnr to Public Agency. SE`I'RPC will provide Public Agency with a "C'ertification of Purchase by Cit}'/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 frilly functional at all times. Additionally, Public Agency shall provide adequate insurance policies on said equipment to provide for replacement of equipment incases of loss where applicable. 3.7 SETRPC will provide 9-1-1 fmids 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 PS?,P(s) are complete, accurate and appropriate. Effective Date and Term of Contract '}.1 The term of this contract shall be one (1) year, effective on . and shall continue from year to year thereafter unless any party involved gives sixty (60) days written notice to the other. 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.l 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 of the terms and conditions of this contract, and Public Agency agrees to furnish a copy of this contract to each of its subcontractors. Records 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 PSr\P(s) agree to curnply with SE`fRPC requirements f:~r documenting and ropoiting 9-1-1 data base errors and AN`UALI problerns. 7,3 P~ablie Agency and PS:~P(s) agree to maintain, consistent with Uniform Grant ~4anagement Standards and applicable federal and suite law, adequate Yiscal records and supporting documentation for all 9-1-1 funds distributed to Public Agency and PSAP(s) and all 9-1-1 funds spent by such Public Agency and PSAP(s) for 9-I-1 service, with specitic detail for y-1-1 funds received or spent relating to addressing or addressing data base maintenance activities. 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 oftces 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 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, P SAP(S), orby 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. l The parties desire to resolve disputes arising under this contract without litigation. Accordingly, if a dispute arises, the parties agree to attempt in goad 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 ~J.2; until they have exhausted the procedures set out m these paragraphs. y 2 At the written request of either party; each party shall appoint une nonlawyer representative to negotiate informally and in good .faith to resolve anydisputearisiut under this contract. The represent~tivrs appointed shall detem~ine the location, format, freduency, 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 mediatorassigned 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 conh'act, which are unaffected by the dispute, during the negotiation and mediation process. Suspension for Unavailability of Funds; Withholding, Decrease or Reimbursemeat 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. If fees sufficient to administer the program are not appropriated by the Texas Legislature and received by SETRPC, SETRPCm giving Public administration of the program and training responsibilities under this contract by Agency notice thereof. 10.2 Public Agency acknowledges that SETRPC may withhold, decrease or seek reimbursement of 9-1-1 funds in the event such'fimds 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 retum or reimbursement of 9-I-I 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 whore it is to operate. Notice is received by a party; (1) when it is deli~~cxd to the party pcrsonat)v; (2) when a party receives a facsimile of th.e notice, as confirmed h-- the sender's facsimile machine; (3) on the date shown on the retum recetpt it mailed by registered or certitied mail,. return receipt requested, to the party's address specified in paragraph f2 '2 :±nd signed un behalf of the party; or (~) ihrea business da}~s after its deposit in the United States -mail, with first-class postage affixed; addressed to the party's address specified in paragraph 1'?.2. 6 210E t Freeway Beaumont, Texas 77703 12.2 SETPRC s address rs 2 as ex , Attention: 9-1-1 Director. SETRPC's telephone number is (409) 724-1911, and its facsimile number is (4091 347-1953. Public Agencyy's address is _ Attention: .Public Agency's telephone number is .and its facsimile number is 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; iVlisceltaneous 13.1 By their respective signatures below; SETRPC, Public Agency, and PSAP(s) , as applicable, commit to continue addressing and addressing data base maintenance activities in accordance with the SETRPC Regional Plan developed. and approved in accordance with Texas Health & Safety Code, Section 771.05, as amended, as a condition of the receipt of 9-1-1 funds as prescribed by the SETRPC Strategic Plan to establish and maintain 9-1-1 emergency service. 13.2 Each individual sigriing 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 SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION Sy Marne: 'Title: Attest: _ City Clerk Shaun P. Davis Executiee Director Uate: EXHIBIT A PSAP RULES REGARDING 9-I-I 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 as a result of flooding, power failure, etc.) 8. The PSAP agency will operate a 24-hour dispatch service at the PSAP site in order to assure quality and to continue to operate as a PSAP. 9. Failure to abide by these rules may result in the SETRPC terminating this agreement and not placing a PSAP at that location.