Contract - Capital Area Emergency Communications District (CAECD) - 10/26/2017 4
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Capital Area Emergency Communications District
INTERLOCAL CONTRACT FOR PUBLIC SAFETY ANSWERING POINT
MAINTENANCE, EQUIPMENT AND TRAINING
Section 1. Parties and Purpose
1.1. The Capital Area Emergency Communications District ("CAECD") is a regional emergency
communications district and political subdivision of the State of Texas organized and
operating in accordance with Texas Health and Safety Code, Subchapter G, chapter 772, as
amended. CAECD has developed an annual budget to operate and maintain Next
Generation 9-1-1 emergency communications service within the district.
1.2. The City of Round Rock ("Public Agency") is a Texas home-rule municipality that operates
one Public Safety Answering Point (PSAP) that participates in the district as authorized by
Texas Health and Safety Code chapter 772.
1.3. This interlocal contract is entered into between CAECD and Public Agency pursuant to
Texas Government Code chapter 791 so that Public Agency can maintain its PSAPs,
upgrade 9-1-1 equipment and train its personnel to participate in the Next Generation 9-
1-1 emergency communications system in the district.
Section 2. Rights and Duties of the Contracting Parties
2.1 Public Agency agrees to:
A. Purchase supplies such as printer paper, printer ink, cleaning materials and other
expendable items necessary for the continuous operation of its PSAPs;
B. Implement upgrades of its PSAPs equipment and software, as authorized in the current
annual budget, through the appropriate CAECD process for the purchase of new
equipment and software;
C. Protect the PSAPs equipment and secure the PSAPs premises against unauthorized
entrance or use;
D. Practice preventive maintenance for the PSAPs equipment;
E. Ensure call-takers/dispatchers receive emergency communications training as
required and as described in CAECD's current annual budget.
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F. Protect the confidentiality of 9-1-1 database information and of information furnished
by telecommunications providers, and notify CAECD in writing within two business
days of the receipt of a request for 9-1-1 database information, or for information
furnished by telecommunications providers, made under the Texas Public Information
Act;
G. Use the Regional Notification System (RNS) 9-1-1 derived database information only to
warn or alert citizens of an emergency situation where property or human life is in
jeopardy, and protect the database information from unauthorized use.
H. Request the use of training facilities by sending an email to CMAC@capcog.org and
specifying date of request, time of request and type of resources needed such as
Solacom or CritiCall;
I. In the event the use of the Regional Backup Communications Center (RBUC) is
required, operate in accordance with all rules and procedures, and within the allocated
space in the RBUC located at 6800 Burleson Road, Building 310, Suite 165;
J. Be responsible for all furniture, administrative telephones, copier machines and
administrative desktop computers located within the Public Agency's operating area;
K. Warrant that it is self-insured and that its self-insurance provides coverage for all
possible claims as authorized by the Constitution and the laws of the State of Texas
arising out of the Public Agency's performance or nonperformance of this contract and
made by a third party against CAPCOG.
L. Waive any duty CAECD owes Public Agency by virtue of this agreement in the event
any act, event, or condition adversely impacts the cost of performance of, or adversely
affects the ability of CAECD to perform any obligation under this agreement and if such
act, event or condition, in light of any circumstances is beyond the reasonable control
and is not a result of the willful or negligent act, error, omission or failure to exercise
reasonable diligence on the part of CAECD such action or inaction shall not be
construed as a breach of this agreement or a willful or negligent act, error, omission or
lack of reasonable diligence of CAECD. Circumstances included above, by way of
example only, are:
(i) an act of God, landslide, earthquake,fire, explosion,flood, hurricane,tornado,
sabotage, or similar occurrence, acts of a public enemy, terrorism, extortion,
war, blockade, insurrection, riot or civil disturbance;
(ii) the failure of any appropriate governmental agency or private utility to
provide and maintain utilities;
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(iii) any failure of title to the Facilities or any placement or enforcement of any
lien, charge or encumbrance on the Facilities or on any improvements thereon
that is not consented to in writing by, or arising out of any action or agreement
entered into by, either party to the Agreement;
(iv) the inability of CAECD and its subcontractors to gain and maintain access to all
areas of the Facilities and/or adjoining the Facilities where work is required to
be performed hereunder;
(v) the preemption, confiscation, diversion, destruction, or other interference by,
on behalf, or with authority of a governmental body relating to a declared or
asserted public emergency or any condemnation or other taking by eminent
domain or similar action, in the possession of property, equipment or
materials located at the Facilities, or in the performance of the Services to be
performed by CAECD hereunder;
(vi) strikes, work stoppages, or labor disputes affecting CAECD and any
subcontractor (excluding material suppliers) of CAECD;
(vii) with respect to CAECD, damage to the Facilities caused by third parties not
related to or under the control of the CAECD, including, but not limited to,
contractors and subcontractors for the CAECD; and,
(viii) the failure of any subcontractor or supplier to furnish services, materials or
equipment on the dates agreed to, but only if such failure is the result of an
event that would constitute Force Majeure if it affected the CAECD directly,
and the CAECD is not able after exercising all reasonable efforts to timely
obtain substitutes.
M. Abide by the Regional Backup Communications Center (RBUC) Access Control Policy,
included as attachment A, as if recited verbatim herein.
2.2 CAECD agrees to:
A. Be responsible for maintaining all RBUC physical plant including primary electrical
systems, 9-1-1 systems, HVAC and network wiring as budgeted and with approved
available funds;
B. Provide access control security as require by the CJIS Security Policy and maintain
access control systems and badging for appropriate personnel and contractors;
C. Provide training facilities, including Solacom and CritiCall consoles;
D. Schedule training based on priority availability given to training offered on a regional
basis and requested according to 2.1.H.; and
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E. Provide space, equipment, security, and staff support to the RBUC as budgeted and
with approved available funds.
Section 3. Contract Price and Payment Terms
3.1 CAECD agrees to compensate Public Agency in the total amount of not to exceed $5,000
for its performance of this contract. CAECD must make any payment obligated by this
agreement from current revenues available to CAECD. The stated amount is a payment
which fairly compensates the Public Agency for the duties performed hereunder.
3.2 Within 30 calendar days after the effective date of this contract, CAECD agrees to pay
Public Agency $5,000 for the purchase of supplies as outlined in Section 2.1.A of this
contract.
3.3 If Public Agency made expenditures under this contract in violation of applicable law or
policy described in Section 6, Public Agency agrees to repay CAECD for those expenditures
within 60 calendar days from the date CAECD notifies Public Agency of the repayment
amount due and the reason repayment is required.
A. If Public Agency does not repay the reimbursement when required, CAECD may refuse
to purchase 9-1-1 equipment on Public Agency's behalf and may withhold all or part of
the unpaid reimbursement from Public Agency's future entitlement to reimbursement
under this or future interlocal contracts between the parties for PSAP maintenance,
equipment upgrade, and training.
B. Before the 60-day repayment period expires, Public Agency may appeal in writing to
CAECD its determination that Public Agency repay the reimbursement, explaining why
it believes the determination is wrong, or Public Agency may request CAECD in writing
to extend the 60-day repayment period, proposing an alternative period and justifying
its need, or it may both appeal and propose an extension. The CAECD Board of
Managers decision on Public Agency's appeal or proposal or both is final.
C. The appeal authorized by Section 3.3.B is the only mechanism for challenging CAECD's
determination under Section 3.3. that Public Agency repay the reimbursement. The
early termination provisions of Section 10 and dispute resolution process of Section 11
are not available to challenge CAECD's determination.
Section 4. Effective Date and Term of Contract
4.1 This contract takes effect October 1, 2017 and it ends, unless sooner terminated under
Section 11, on September 30, 2018.
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Section 5. Performance Reports
5.1 Public Agency agrees to document and perform a monthly test on their make busy switch
by the 20th of each month. Records are to be kept for up to one year.
Section 6. Compliance with Applicable Law and Policy
6.1 Public Agency agrees to comply with all applicable law and policy in carrying out this
contract. Applicable law and policy include but are not limited to the Texas Health and
Safety Code Chapter 771.061 and Chapter 772; the current Uniform Grant Management
Standards (Governor's Office of Budget and Planning); the current CAECD annual budget;
CAECD 9-1-1 Policies and Procedures Manual and CAPCOG RNS Policies & Procedures.
Section 7. Independent Contractor, Assignment and Subcontracting
7.1 Public Agency is not an employee or agent of CAECD, but furnishes goods and services
under this contract solely as an independent contractor.
7.2 Public Agency may not assign its rights or subcontract its duties under this contract without
the prior written consent of CAECD. An attempted assignment or subcontract in violation
of this Section 7.2 is void.
7.3 If CAECD 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.
Section 8. Records and Monitoring
8.1 Public Agency agrees to maintain financial, statistical, and ANI/ALI records adequate to
document its performance, costs and receipts under this contract. Public Agency agrees
to maintain these records at Public Agency's offices.
8.2 Subject to the additional requirement of Section 8.3, Public Agency agrees to preserve the
records for three fiscal years after receiving its final payment under this contract.
8.3 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.
8.4 CAECD 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. CAECD is also entitled to visit Public Agency's offices, talk to its
personnel, and audit its records, all during normal business hours, to assist in evaluating
its performance under this contract.
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8.5 CAECD will at least once per year visit Public Agency's offices and monitor its performance
of this contract to ensure compliance with applicable law and policy described in Section
6. CAECD 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.
8.6 CAECD agrees to notify Public Agency at least 24 hours in advance of any intended visit
under this Section 8. Upon receipt of CAECD's notice, Public Agency agrees to notify the
appropriate department(s) specified in the notice.
Section 9. Nondiscrimination and Equal Opportunity
9.1 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,
veteran status, or national origin.
9.2 If Public Agency procures goods or services with funds made available under this contract,
Public Agency agrees to comply with CAECD's affirmative action procurement policy,which
is set out in CAECD's 9-1-1 Policies and Procedures Manual.
Section 10. Early Termination of Contract
10.1 Except as provided in Sections 3.3, if CAECD or Public Agency breaches a material provision
of this contract, the other may notify the breaching party describing the breach and
demanding corrective action. The breaching party has five business days from its receipt
of the notice to correct the breach, or to begin and continue with reasonable diligence and
in good faith to correct the breach, which effort will be described in detail in a correction
letter delivered to CAECD within five business days form the receipt of the notice to
correct. If the breach cannot be corrected within a reasonable time, despite the breaching
party's reasonable diligence and good faith effort to do so, the parties may agree to
terminate the contract or either party may invoke the dispute resolution process of Section
11.
10.2 If this contract is terminated under Section 10, CAECD and Public Agency are each entitled
to compensation for any performance undertaken pursuant to the terms of this interlocal
contract, where such performance was provided to the other before receiving notice of
the termination. However, neither CAECD nor Public Agency is liable to the other for costs
it paid or incurred under this contract after or in anticipation of its receipt of notice of
termination.
10.3 Termination for breach under Section 10.1 does not waive either party's claim for direct
damages resulting from the breach, and both CAECD and Public Agency among other
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remedies may withhold from compensation owed the other an amount necessary to
satisfy its claim against the other. Any such claim(s) shall survive the termination of this
agreement by either party for the purpose of enforcement.
10.4 The ending of this contract under Section 4 or its early termination under this Section 10
does not affect Public Agency's duty:
A. To repay CAECD for expenditures made in violation of applicable law or policy in
accordance with Sections 3.3;
B. To preserve its records and permit inspection, copying, and auditing of its records and
visitation of its premises and personnel under Section S.
Section 11. Dispute Resolution
11.1 The parties desire to resolve disputes arising under this contract 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 Section 11, toll the statute of limitations or seek an
injunction, until they have exhausted the procedures set out in this Section.
11.2 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.
11.3 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 Austin 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.
11.4 The parties agree to continue performing their duties under this contract, which are
unaffected by the dispute, during the negotiation and mediation process.
11.5 If mediation does not resolve the parties' dispute, the parties may pursue their legal and
equitable remedies.
Section 12. 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:
A. When it is delivered to the party personally;
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B. 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 Section 12.2 or 12.3 and signed
for on behalf of the party; or
C. Three business days after its deposit in the United States mail, with first-class postage
affixed, addressed to the party's address specified in Section 12.2 or 12.3.
12.2 CAECD's address is 6800 Burleson Rd., Bldg. 310, Ste. 165, Austin, TX 78744, Attention:
Executive Director.
12.3 Public Agency's address is , Attention:
12.4 A party may change its address by providing notice of the change in accordance with
Section 12.1.
Section 13. Miscellaneous
13.1 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. The undersigned warrants that he or she:
A. Has actual authority to execute this contract on behalf of the governing body
identified as the Public Agency in this agreement and;
B. Verifies the governing body, by either minute order, resolution or ordinance approved
this agreement as required by Texas Government Code section 791, as amended.
13.2 This interlocal contract shall be construed and interpreted in accordance with the laws of
the State of Texas. Venue shall be solely in Travis County.
13.3 This contract states the entire agreement of the parties, and may be amended only by a
written amendment executed by both parties, except that any alterations, additions, or
deletions to the terms of this contract which are required by changes in Federal and State
law or regulations are automatically incorporated into this contract without written
amendment hereto and shall become effective on the date designated by such law or
regulation.
13.4 The following Attachment is part of this contract:
A. Regional Backup Communications Center (RBUC) Access Control
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13.5 This contract is binding on and inures to the benefit of the parties' successors in interest
and may not be assigned without the express written permission of CAECD.
13.6 This contract is executed in duplicate originals.
CITY OF ROUND ROCK, TEXAS CAPITAL AREA EMERGENCY
COMMUNJCATIONS DISTRICT
By 1 By 61t <-5/"'
Name _4! PWAra":4 / B tty Voigh
Title m. Executive Director
Date ID. 7-10 • ��- Date (1
Date of governing body approval: LCA' 6 4
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ATTACHMENT A
Access Control Policy
Regional Backup Center
Section 1.Applicability
1.1 This section applies to all Public Agencies using the Regional Backup Center(RBUC).
1.2 CAPCOG refers to the Capital Area Council of Governments.
1.3 CJIS is the Criminal Justice Information Services,and herein refers to the requirements of
compliance with the FBI CJIS Security Policy.
Section 2.Access
2.1 Keycards
A. CAPCOG issued keycards are required for entry to the RBUC.
B. All individuals while in the RBUC must display keycards in plain view.
C. Keycards are the exclusive property of CAPCOG.
D. No CAPCOG keycard shall be duplicated or altered.
E. Individuals shall only use keycards assigned to them.
F. No person shall allow the use of a keycard to give unescorted access to a person who does
not have CJIS clearance to the RBUC.
G. Any individual providing escorted access to a person is responsible for escorting the person
the entire time in the RBUC and ensuring that they exit properly.
H. Intentional misuse of a keycard may result in a disciplinary action report filed with the
keycard holder's Public Agency.
2.2 The CAPCOG Information Technology Division is responsible for:
A. Maintaining and installing all card printing equipment, card blanks, readers and access
control security technology.
B. Issuing keycards by appointment to pre-authorized individuals Monday through Friday from
8:30 am to 4:00 pm.
• Pre-authorized individuals can make appointments for keycards by emailing
rbucaccess@capcog.org. Emails will provide details of the process to the individuals.
2.3 The CAPCOG Emergency Communications Division Director or designated staff is responsible for
the following:
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A. Maintaining PSAP rosters and other listings signed by authorized Public Agency
representatives for issuance and use of all keycards.
B. Determining the deactivation of keycards at any time with or without notice. The holder of a
deactivated card shall promptly return it to their PSAP Manager or supervisor.
2.4 The Public Agency is responsible for the following:
A. Gathering and returning all keycards to CAPCOG as soon as an employee terminates or there
is no longer a need for the card.
B. Immediately notifying CAPCOG using rbucaccess@capcog.org in the event a keycard is
misplaced, lost or stolen.
C. Keycard holders must immediately notify their PSAP Manager or supervisor if a keycard is
misplaced, lost or stolen.The Public Agency will be charged for a replacement card.
D. Immediately notifying CAPCOG at rbucaccess@capcog.org of any change in employment or
CJIS status that will result in restricting or terminating any agency representative's access to
the RBUC.
E. PSAP Managers must sign the PSAP roster acknowledging that every listed employee has
completed a CJIS Security Awareness Training and a complete criminal history background
check is on file with the Public Agency.
F. For personnel requiring unescorted access to the Regional Backup Center a separate listing
or letter may be submitted. The document must certify that everyone listed has completed
CJIS Security Awareness Training and a complete criminal history background check is on file
with the Public Agency. The document must be signed by an authorized official of the Public
Agency and include an expiration date for the named employee's clearance.
Section 3. Security
3.1 Individuals whose positions require unescorted access into the RBUC or Data Center shall
comply with the provisions of the CJIS security policy.
3.2 Individuals without CJIS clearance require escorted access to the RBUC. Instances of unescorted
access will be reported to the Public Agency.
Adopted 09-13-17
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