Loading...
R-00-02-24-11C1 - 2/24/20000 45167.q& tai —A A CITY OF ROUND ROCK • 1 Mayor Robert A. Sth,ka. Jr. Mayor Pro -rem 'Tom Nielson Council Members Alan McGraw Carrie Pitt Earl Palmer Isabel Go!lahan • • Gary Coe City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets October 10, 2001 Becky Stewart Capital Area Planning Council 2512 IH 35 South, Suite 220 Austin, Texas 78704 Dear Ms. Stewart: Enclosed is a fully executed contract (Interlocal) with CAPCO in response to your letter dated September 21, 2001 requesting Bob Bennett's signature on both originals. Once these contract has been fully executed by Betty Voights, Executive Director, please return one of the originals back to us. Sincerely, Nikki Lewis Staff Assistant Enclosures Fax: 512- 218 -7097 Li2ohia_ o4t/D-ro 221 East Main Street Round Rock Texas 78664 512- 218 -5400 1 -800- 735 -2989 TDD - - 1- 800 - 735 -2988 Voice www.ciround-rock.tx.us PSAP02:7 /01 INTERLOCAL CONTRACT FOR PSAP MAINTENANCE, EQUIPMENT UPGRADE, AND TRAINING 1.1. The Capital Area Planning Council (CAPCO) 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. CAPCO has developed a Strategic Plan to establish and maintain 9 -1 -1 emergency telephone service in State Planning Region 12, and the Texas Commission on State Emergency Communications has approved its current Plan. 1.2. The City of ROUND ROCK (Public Agency) is a Texas home -rule municipality that operates one or more Public Service Answering Points ( PSAPs) 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 CAPCO and Public Agency under chapter 791 of the Government Code so that Public Agency can maintain its PSAP(s), upgrade its equipment, and train its personnel to participate in the enhanced 9 -1 -1 emergency telephone system in the Region. Art. 2. Goods and Services 2.1. Public Agency agrees to: CAPITAL AREA PLANNING COUNCIL Art. 1. Parties and Purpose (1) purchase supplies such as printer paper, printer ribbons, cleaning materials, etc. necessary for the continuous operation of its PSAP(s); (2) upgrade its PSAP equipment and software, as authorized in the current Strategic Plan, by requesting CAPCO to purchase new equipment and software; (3) protect the PSAP equipment and secure the premises of its PSAP(s) against unauthorized entrance or use; (4) practice preventive maintenance for the PSAP equipment including, at a minimum, backing up data on a removable medium, and storing the removable medium in a secure place, to ensure that every seven days of calls are archived; (5) provide emergency communications training to call - takers /dispatchers as described in CAPCO's 9 -1 -1 Policies and Procedures Manual; (6) protect the confidentiality of addressing databases and of information furnished by telecommunications providers, and notify CAPCO in writing within two business days of the PSAP01:7 /00 receipt of a request for addressing databases or information made under the Texas Public Information Act. Art. 3. Contract Price and Payment Terms 3.1. CAPCO agrees to compensate Public Agency in the total amount of not to exceed $250 for its performance of this contract. 3.2. Within 30 calendar days after the effective date of this contract, CAPCO agrees to pay Public Agency $ 250 for the purchase of supplies authorized by the current Strategic Plan. Public Agency agrees to certify in writing to CAPCO, within 30 calendar days after this contract ends or is terminated early, that it expended all or a specified portion of the amount received to purchase supplies, and to refund to CAPCO any unexpended portion 3.3. If Public Agency made expenditures under this contract in violation of applicable law or policy, Public Agency agrees to repay CAPCO for those expenditures within 60 calendar days from the date CAPCO notifies Public Agency of the repayment amount due and the reason repayment is required. If Public Agency does not repay the reimbursement when required, CAPCO 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. 3.4. Public Agency may appeal in writing to CAPCO its determination that Public Agency repay the reimbursement, explaining why it believes the determination is wrong, or Public Agency may request CAPCO in writing to extend the 60 -day repayment period, proposing an altemative period and justifying its need, or it may both appeal and propose an extension. CAPCO agrees to submit the appeal or proposal or both to the Texas Commission on State Emergency Communications with its recommendation and to furnish Public Agency with a copy of its recommendation. The Commission's decision on Public Agency's appeal or proposal or both is final. Art. 4. Effective Date and Term of Contract 4.1. This contract takes effect September 1, 2001, and it ends, unless sooner terminated under Art. 10, on August 31, 2002. Art. 5. Performance Reports and Monitoring 5.1. Public Agency agrees to report monthly to CAPCO on its performance of this contract using the CAPCO 9 -1 -1 PSAP Monthly Report, Attachment A to this contract. 5.2. The Reports for the months before the month during which this contract is signed on behalf of CAPCO must be received by CAPCO within 30 calendar days after the date on which this contract is signed on behalf of CAPCO. Public Agency agrees to complete and furnish 2 PSAP01:7 /00 CAPCO a Report for the month during which this contract is signed on behalf of CAPCO, and for each subsequent month, by the 15th day of the following month. 5.3. CAPCO each quarter will visit Public Agency's offices and monitor its performance of this contract to ensure compliance with applicable law and policy described in Art. 7. CAPCO 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. Art. 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 State Administration of Emergency Communications Act, chapter 771, Texas Health and Safety Code; rules implementing the Act contained in title I, part XII, Texas Administrative Code; the Uniform Grant Management Standards (Governor's Office of Budget and Planning, Jan. 1998); Texas Advisory Commission on State Emergency Communications, 9 -1 -1 PROGRAMS Policies and Procedures; and CAPCO's 9 -1 -1 Policies and Procedures Manual. Art. 7. Independent Contractor, Assignment and Subcontracting 7.1. Public Agency is not an employee or agent of CAPCO, but furnishes goods and sery ices 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 CAPCO. An attempted assignment or subcontract in violation of this paragraph is void. 7.3. If CAPCO consents to subcontracting, each subcontract is subject to all of the terms and conditions of this contract, and Public Agency agrees to fumish a copy of this contract to each of its subcontractors. Art. 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 paragraph 8.3, Public Agency agrees to preserve the records for three state 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. 3 PSAP01:D00 8.4. CAPCO 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. CAPCO 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. 8.5. CAPCO agrees to notify Public Agency at least 24 hours in advance of any intended visit for the purposes described in paragraph 8.4. Upon receipt of CAPCO's notice, Public Agency agrees to notify the appropriate department(s) specified in the notice. 8.6. The Texas Commission on State Emergency Communications and the Texas State Auditor have the same inspection, copying, and visitation rights as CAPCO. Art. 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, 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 CAPCO's affirmative action procurement policy, which is set out in CAPCO's 9 -1 -1 Policies and Procedures Manual. Art. 10. Suspension and Early Termination of Contract 10.1. Public Agency acknowledges that CAPCO's sole source of funding for this contract is a legislative appropriation distributed under contract between CAPCO and the Texas Commission on State Emergency Communications. If the Commission does not make timely payments to CAPCO under its contract, CAPCO may suspend payment to Public Agency under this contract by giving Public Agency notice of the suspension. The suspension is effective five business days after Public Agency's receipt of the notice. Upon suspension of payment, Public Agency's obligations under this contract are also suspended until CAPCO resumes payment. If the suspension continues for a cumulative total of 30 or more calendar days, or if the Commission terminates its contract with CAPCO, CAPCO 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. 10.2. Except as provided in paragraphs 3.5 and 3.6, if CAPCO 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. 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 Art. 11. 4 PSAPOI :7/00 10.3. If CAPCO suspends payment to Public Agency under paragraph 10.1, or if this contract is terminated under paragraph 10.1 or 10.2, CAPCO and Public Agency are each entitled to compensation for goods and services each provided the other before receiving notice of the suspension or termination. However, neither CAPCO 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 suspension or termination. 10.4. Termination for breach under paragraph 10.2 does not waive either party's claim for damages resulting from the breach, and both CAPCO and Public Agency among other remedies may withhold from compensation owed the other an amount necessary to satisfy its claim against the other. 10.5. The ending of this contract under Art. 4 or its early termination under this Art. 10 does not affect Public Agency's duty: (1) to repay CAPCO for expenditures made in violation of applicable law or policy in accordance with paragraphs 3.3 and 3.4; (2) to preserve its records and permit inspection, copying, and auditing of its records and visitation of its premises and personnel under Art. 8. Art. 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 Art. 11, until they have exhausted the procedures set out in this Art. 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. 5 PSAP01:7 /00 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) 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 (3) 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. CAPCO's address is 2512 I11 -35, South, Suite 220, Austin, TX 78704, Attention:Executive Director. Public Agency's address is 221 E. Main, Round Rock, TX 78664 Attention: Robert L. Bennett, City Manager 12.3. A party may change its address by providing notice of the change in accordance with paragraph 12.1. 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. 112. This contract states the entire agreement of the parties, and an amendment to it is not effective unless in writing and signed by all parties. 13.3. Attachment A, CAPCO 9 -1 -1 PSAP Monthly Report, is part of this contract. 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. Date 10 - - Ot Art. 12. Notice to Parties Art. 13. Miscellaneous CAPITAL By 6 A PLANNING COUNCIL artrroigh Executive D ctor Date /0 � 6 FY01 PSAP Name: PSAP Address: CAPCO 9 -1 -1 PSAP MONTHLY REPORT PSAP Supervisor: PSAP Contact Number: Total Training Hours Received: Number of TDD Calls Received (including test calls): Number of trouble calls to service provider: Hardware (workstation /host) trouble calls: Network trouble calls: 9 -1 -1 Service Outage - please advise date, time, length of outage and cause of outage if known: Public Education Presentations /Events: ATTACHMENT A Month & Year of Report: Please explain on an attached, separate sheet any item that your agency is unable to calculate or obtain. 8/01 CAPITAL AREA PLANNING COUNCIL EMERGENCY SERVICES DIVISION 9 -1 -1 Policies and Procedures Manual Effective September 1, 1999 Amended September 13, 2000 Amended August 8, 2001 INTRODUCTION The Capital Area Planning Council (CAPCO) is a regional planning commission and political subdivision of the State of Texas. CAPCO was organized and operates under the Texas Regional Planning Act of 1965, as amended, Chapter 391 of the Local Government Code. CAPCO has developed and the Texas Commission on State Emergency Communications has approved a Strategic Plan to establish and maintain 9 -1 -1 emergency telephone service in State Planning Region 12. The Manual sets forth policies and procedures designed to provide a safe and productive working environment for emergency communications employees in the 10- county region served by the Capital Area Planning Council. The Manual also includes a number of exhibits containing forms and instructions. The policies, procedures, and exhibits together provide uniform rules to foster the most effective and efficient emergency communications practices. The Manual was written by the Emergency Services Division (9 -1 -1) of the Capital Area Planning Council and approved by the CAPCO Executive Committee. Proposed changes in the Manual are reviewed by the 9 -1 -1 Task Force and must be approved by the Executive Committee before taking effect. MISSION In partnership with local governments, public safety agencies and emergency responders, CAPCO's 9 -1 -1 Emergency Services Division is committed to providing quality implementation of emergency number accessibility for citizens in need of emergency assistance. This is accomplished through modem technology, sharing of information, and professional training while providing continuing support including the provision of comprehensive and accurate data and public education throughout the region. ADMINISTRATION/FINANCE CAPCO has entered into an interlocal contract with each of the 10 counties and with each of the local governments (collectively the "Public Agencies ") operating Public Safety Answering Points (PSAPs) in the Region The contracts describe the rights and duties of 8/0! CAPCO and the Public Agencies in implementing the enhanced 9 -1 -1 emergency telephone system in the Region. CAPCO maintains a line -item budget for each contract with a Public Agency, and each Public Agency shall not spend in excess of a particular line item. CAPCO does have the authority to transfer between line items, and Public Agency can request a transfer using the Line -Item Transfer Request (Exhibit 1). CAPCO must receive the completed transfer request by July 31 of the fiscal year or it will be rejected. CAPCO will distribute a financial report (Exhibit 2) showing expenditures and fund balances to each Public Agency at the end of each fiscal quarter. The CAPCO 9 -1 -1 Program fiscal year is September I - August 31 Procuring Goods and Services Public Agencies may choose one of two methods to procure authorized goods and services under their interlocal contracts with CAPCO. 1. Reimbursement - If the item to be procured has been approved by CAPCO and included in the Strategic Plan, the Public Agency may procure the item according to its own procurement polices, in compliance with CAPCO's Affirmative Action Procurement Policy, and request reimbursement from CAPCO on Exhibit 2. The request must include supporting documentation such as purchase orders, invoices and/or receipts. A request for reimbursement of personnel costs must include a copy of the Public Agency's payroll voucher for the period covered by the request. For procurements made during the current fiscal year: (1) the reimbursement request must be received by CAPCO for processing prior to 5pm CST on September 15 of the following fiscal year; and (2) all purchase orders and invoices and/or receipts included with the request must be dated prior to August 31 s ` of the current fiscal year. All requests submitted after September 15 will not be processed. CAPCO will verify that funding exists within the specified line item and that proper documentation has been provided to support the request. If the funding is not available or proper documentation has not been provided, CAPCO will so notify the Public Agency in writing within 30 calendar days of receipt of the request. If proper documentation was not provided, Public Agency must do so within 30 calendar days of notification or reimbursement will be denied. If funding is available and proper documentation is timely provided, CAPCO will reimburse Public Agency within 30 calendar days of receipt of the request. 2. Direct Purchase - The Public Agency may request that CAPCO itself procure authorized goods and services for Public Agency's benefit. 2 8/0I , The Public Agency shall submit to CAPCO the requisition form (Exhibit 3) to procure the items. The requisition must contain all required information including the vendor's name, address, and telephone number. If the requisition is for goods and services costing more than $2,500, the proposed vendor must be approved by CAPCO or included in the State of Texas Vendor Catalog. If a performance report is due from Public Agency under its interlocal contract with CAPCO, the completed report must accompany the requisition. Upon delivery of the procured items, the Public Agency shall notify CAPCO in writing of their receipt and condition within five business days of receipt. CAPCO will pay the vendor and deduct the payment amount from the proper line item in Public Agency's budget. CAPCO will provide the Public Agency a copy of the adjusted budget within 30 calendar days after payment to the vendor. CAPCO will not undertake the direct purchase of goods and services unless the requisition (and completed performance report if due) is received by June 15` of the current fiscal year. 3. Affirmative Action Procurement Policy It shall be the policy of CAPCO to assist small, disadvantaged business enterprises (DBEs), minority business enterprises (MBEs), women -owned businesses, and historically underutilized businesses (HUBs) in leaming how to do business with CAPCO and its contractors and subcontractors. It shall be the further policy of CAPCO that these sources shall have the maximum feasible opportunity to compete. Every solicitation for procurement must require that each bidder or offeror include a statement that the bidder or offeror will comply with this policy. To ensure that CAPCO's policy to assure that small, MBEs, DBEs, women -owned businesses, and HUBs are utilized, CAPCO and its contractors and subcontractors should take the following affirmative steps: • Include qualified small, MBEs, DBEs, women -owned businesses, and HUBs on the Bidders' Lists. State lists may be utilized to locate such businesses by contacting the General Services Commission; • Assure that small, MBEs, DBEs, women -owned businesses, and HUBs are solicited whenever they may be potential sources. In this regard, the Purchasing Agent should investigate new sources and advertise when feasible in minority publications; • When economically feasible, and where not in contravention of competitive bidding requirements, the Purchasing Agent should divide the total requirements into smaller tasks or quantities so as to permit maximum small, MBE, DBE, women -owned businesses, and HUB participation; 3 8 /01 , • Use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the Department of Commerce, the Minority Business Development Agency in the Department of Labor, the Texas General Services Commission and other similar agencies for locating such businesses; • Require that prime contractors take affirmative and meaningful steps towards retaining small, MBE, DBE, women -owned businesses, and HUB subcontractors; • Procure goods and services from labor surplus areas; • If feasible, establish delivery schedules that encourage small, MBEs, DBEs, women - owned businesses, and HUBs to participate; and • Advertise, at least annually, in a newspaper of general circulation for small, MBEs, DBEs, women -owned businesses, and HUBS to be added to the Bidder's List. For such affirmative steps to be meaningful, the Purchasing Agent should review all solicitations, offers and bids to confirm that such affirmative action steps have been taken. In addition, steps should be take to ensure tht once a contract is awarded to a small, MBE, DBE, women -owned business, and/or HUB, or that the award is given to a contractor with such a subcontractor, that such business is retained during the entire performance of the contract. Failure of a contractor or subcontractor to take meaningful affirmative steps at soliciting and retaining small, MBEs, DBEs, women -owned businesses, and HUBs may be considered as a factor in evaluating future bids under noncompliance with public policies; however, this factor may not be a consideration in procurements involving purely state or local funds as Texas law requires awards to be made to the lowest responsible bidder. For procurements costing more that $3,000 but less than $15,000, the Purchasing Agent shall contact at least two HUBs on a rotating basis. 4. General Requirements The County Judge, County Auditor, City Manager, Department Head, or an individual deputized in writing by one of these officers must sign a line -item transfer request, reimbursement request, or requisition. 4 8 /01 OWNERSHIP, USE, MANAGEMENT, MAINTENANCE AND DISPOSITION OF 9 -1 -1 EQUIPMENT Addressing and Ancillary 9 -1 -1 Equipment The Public Agency owns all addressing and ancillary 9 -1 -1 equipment ( "9 -1 -1 equipment ") procured by or for the Public Agency with funds made available under its interlocal contract with CAPCO. Public Agency's ownership is subject to the terms and conditions set out in this Manual, and the terms and conditions apply to the 9 -1 -1 equipment until the equipment is dedicated to another public purpose or disposed of as authorized by this Manual. "Equipment" for purposes of this Manual means tangible, nonexpendable personal property having a useful life of more than one year and an acquisition cost of $1,000 or more per unit. Public Agency agrees to use the 9 -1 -1 equipment exclusively to carry out CAPCO's Strategic Plan for 9 -1 -1 emergency communications. Public Agency agrees not to add to or modify the software or hardware of the 9 -1 -1 equipment without CAPCO's prior written consent. If Public Agency uses the 9 -1 -1 equipment in violation of CAPCO's Strategic Plan, Public Agency agrees to cease the misuse immediately upon receipt of CAPCO's written notice to do so. If Public Agency continues to misuse the 9 -1 -1 equipment after receipt of CAPCO's notice, Public Agency agrees to transfer ownership of the 9 -1 -1 equipment to CAPCO within 15 calendar days after receipt of CAPCO's written instruction to do so. If Public Agency intentionally or negligently misuses the 9 -1 -1 equipment and the misuse damages or destroys the 9 -1 -1 equipment, or diminishes its operating capacity, Public Agency agrees at its own expense either to replace, repair, or restore the 9 -1 -1 equipment to its full operating capacity within a reasonable time or to pay CAPCO for doing so. If Public Agency elects to pay CAPCO, Public Agency agrees to do so within 15 calendar days after receipt of CAPCO's invoice. Public Agency agrees to maintain property records on the 9 -1 -1 equipment that include a description of the equipment and a serial or other identification number; the name of the seller of the equipment, sales price and acquisition date; the location and condition of the equipment; and a description of any ultimate disposition of the equipment including CAPCO's written consent to the disposition, the disposition date, and any consideration received for disposition. Public Agency agrees to physically inventory the 9 -1 -1 equipment, and to reconcile the results with the property records, at least once each year. The first inventory must be prepared by September 1, 2000, and subsequent inventories prepared by September 1 of each year thereafter. Public Agency agrees to furnish CAPCO a copy of the reconciled inventory, certified as correct, within 30 calendar days after it is prepared. Public Agency agrees to implement a control system, including an identification tag affixed to each piece of equipment, that safeguards the 9 -1 -1 equipment from loss, damage, or theft. Public Agency agrees to investigate any loss, damage, or theft within a reasonable time after it is discovered, and to report the results of its investigation in writing to CAPCO. Public Agency agrees to insure the 9 -1 -1 equipment for its replacement cost. 5 8 /01 Public Agency agrees to maintain the 9 -1 -1 equipment in good working condition. Should the 9 -1 -1 equipment require maintenance or repair, and Public Agency desires CAPCO to pay for the maintenance or repair, Public Agency agrees to request the maintenance or repair from CAPCO in writing. CAPCO agrees, within two business days of receiving the request, to notify Public Agency whether it has funds for the maintenance or repair and, if so, when it can have it done. Public Agency may maintain or repair the 9 -1 -1 equipment at Public Agency's expense. If it does so, Public Agency agrees to provide CAPCO a written confirmation of the maintenance or repair within three business days after its completion. The confirmation must describe the problem(s) requiring maintenance or repair, who performed the maintenance or repair, the maintenance or repair performed, and the date(s) it was performed. Public Agency agrees not to encumber, transfer, or dispose of 9 -1 -1 equipment without CAPCO's prior written consent. If Public Agency determines that 9 -1 -1 equipment is no longer needed for its intended purpose, Public Agency agrees to inform CAPCO in writing of this determination and ask permission to use the 9 -1 -1 equipment for another public purpose or to dispose of the 9 -1 -1 equipment. CAPCO agrees to grant this permission in writing unless it determines that the 9 -1 -1 equipment should be transferred to another local government or used as a trade -in for replacement 9 -1 -1 equipment, in which event Public Agency agrees to deliver the equipment to CAPCO for this purpose. PSAP Equipment CAPCO owns or leases the workstations and associated software ( "PSAP equipment ") located in the PSAPs in the region. CAPCO leases the PSAP equipment to the Public Agencies operating the PSAPs to carry out CAPCO's Strategic Plan. PUBLIC SAFETY ANSWERING POINTS Public agencies operating a Public Safety Answering Point within the CAPCO region shall: • designate a PSAP Supervisor, and notify CAPCO in writing of the individual designated, to provide a single point of contact for CAPCO and its authorized personnel • monitor the PSAP equipment and report any failures or maintenance issues promptly to CAPCO in accordance with the Trouble Reporting Procedures (Exhibit 4) • keep a log (Exhibit 5) of all trouble reports and make copies of the log available to CAPCO when requested • notify CAPCO within two hours of any major service- affecting issues within the PSAP • notify CAPCO of newly hired 9 -1 -1 Telecommunicators within 30 calendar days of hire and schedule them for a PSAP equipment training class within six months of hire. CAPCO will schedule one 9 -1 -1 PSAP training class per quarter and more often if necessary. If the Public Agency chooses to train its own personnel, the Public Agency must certify in writing to CAPCO that the 9 -1 -1 Telecommunicator has been trained before he or she is authorized to use the PSAP equipment • allow CAPCO or its authorized agents coordinated access to all PSAP equipment when requested during normal operating hours 6 8/01 - • test at least once a month all PSAP and Ancillary equipment for proper operation and user familiarity. Testing must include 9 -1 -1 test calls, placed from wireline and wireless telephones, for the basic call scenarios that include at a minimum (1) 9 -1 -1 call: voice, ANI/ALI verification, instant playback recording, and printer operation; (2) call transfer; (3) abandoned call; (4) TDD/TYY call; (5) ANI call -back; (6) administrative call; and (6) ancillary equipment functionality. Test results must be reported on Exhibit 6 and furnished to CAPCO within five business days after completion of the testing • test at least once a month all 9 -1 -1 Telecommunications Devices for the Deaf (TDD) and Teletypewriters (TTY) for proper operation and to maintain user familiarity • log (Exhibit 7) all TDD /TTY calls and submit copies of the logs to CAPCO when requested • limit access to all PSAP equipment to authorized public safety personnel and designated repair technicians • prohibit additions to or modifications of the PSAP equipment without CAPCO's prior written consent. If Public Agency adds to or modifies PSAP equipment without CAPCO's consent and the equipment as a result must be repaired or replaced, Public Agency agrees to pay for the repair or replacement within 15 calendar days after receiving CAPCO's invoice for the repair or replacement. • protect the PSAP equipment and secure the premises of the PSAP against unauthorized entrance or use • use the Query feature of the workstation solely for 9 -1 -1 purposes, and report in writing to CAPCO any violation of this policy within 24 hours of discovery • protect the confidentiality of addressing databases and of information furnished by telecommunications providers, and notify CAPCO in writing within two business days of the receipt of a request for addressing databases or information made under the Texas Public Information Act • practice preventive maintenance for the PSAP equipment including, at a minimum, backing up data on a removable medium, and storing the removable medium in a secure place, to ensure that every seven days of calls are archived; • request free emergency communications training according to a process defined by CAPCO • ensure its personnel dress professionally, in compliance with CAPCO written guidelines, while attending training classes • notify CAPCO at least two business days prior to canceling any Telecommunicator's scheduled training • if CAPCO incurs training cost because of cancellation, reimburse CAPCO for the cost, according to the Emergency Communications Training Cancellation Policy (Exhibit 8), of the cancellation of any Telecommunicator's training with fewer than two business days' advance notice • provide a safe and healthy environment for all 9 -1 -1 Telecommunicators, vendors and guests, including a smoke -free workplace 7 8/01 . GENERAL 9 -1 -1 COORDINATION Each county and the City of Austin shall appoint a 9 -1 -1 Coordinator and notify CAPCO in writing of the individual appointed. The 9 -1 -1 Coordinator shall: • be readily available to local govemments and interested parties to address any issues and answer any questions related to the CAPCO 9 -1 -1 Program and other emergency communications issues • attend regularly scheduled city and county meetings, or hold special meetings as needed, to inform local elected officials, PSAP Supervisors, Emergency Services Department Heads and other interested parties about the regional 9 -1 -1 plan and 9 -1 -1 related issues • provide monthly reports of all 9 -1 -1 activities to CAPCO, including addressing meetings. public education, GIS and other outstanding issues, on the 9 -1 -1 Coordinator Monthly Report/Database Performance Measure (Exhibit 9) • coordinate with PSAPs and local governments in the planning, implementation and operation of 9 -1 -1 emergency services on behalf of CAPCO • coordinate public education activities within the county or City of Austin • order 9 -1 -1 Public Education materials from CAPCO on Exhibit 10, allowing a minimum of 24 hours for CAPCO to fill the order • complete and provide to CAPCO an Event Profile (Exhibit 11) for all public education activities Each county and the City of Austin shall: ADDRESSING /GIS COORDINATION • appoint a 9 -1 -1 Addressing/GIS Coordinator and notify CAPCO in writing of the individual appointed • coordinate addressing activities within the county or city with local government elected officials and staff • coordinate 9 -1 -1 Database, Emergency Service Numbers and Master Street Address Guide activities with telephone companies, municipal and county personnel and CAPCO staff as determined by CAPCO • adopt and keep current an Addressing Maintenance Plan and furnish CAPCO a copy of the Plan annually or when it is modified • notify CAPCO of annexations and MSAG changes as they occur on Exhibit 12 Notification of annexations should reach CAPCO no later than 30 calendar days prior to the effective date of the annexation • collect and verify ANI/ALI Problem Call Reports (Exhibit 13) received from PSAPs and local governments and notify CAPCO via 9 -1 -1 Net of any changes within 24 hours of completion of verification • assist CAPCO in the development and maintenance of a Regional 9 -1 -1 Base Map • digitize new plats and streets, update structure points and other geographic features that are necessary to emergency services operations as determined by CAPCO's 9 -1 -1 GIS 8 8/01 Program; assist and coordinate with CAPCO on all phases of the 9 -1 -1 Map /ALI project to include Pilot, Build, Maintenance and add -on Phases • practice preventive maintenance for the GIS equipment including, at a minimum, backing up data biweekly on removable medium, if the equipment requires it, and storing the removable medium in a secure place LIST OF EXHIBITS The following Exhibits are part of the 9 -1 -1 Policies and Procedures Manual: 1. Line Item Transfer Request 2. Addressing Maintenance Project Financial Report 3. Requisition Form 4. Trouble Reporting Procedures 5. Trouble Log 6. Test Report 7. TDD /TTY Use Log 8. Emergency Communications Training Cancellation Policy 9. County 9 -1 -1 Coordinator Monthly Report/Database Performance Measure 10. 9 -1 -1 Public Education Materials Order Form 11. Event Profile 12. MSAG Change Request Form 13. ANI/ALI Problem Call Report 9 David Kautz From: Shaw, Debbie [dshaw @capco.state.tx.us] Sent: September 21, 2001 3:36 PM To: 'davidk @round - rock.tx.us' Subject: Interlocal Agreement Interlocal Cover PSAP FY 02 . Round PSAP Monthly Report Letter.doc Rack.doc (Att. 0).0... Here is the contract (Interlocal) between CAPCO and the City of Round Rock that Mr. Bennett needs to sign for the 9 -1 -1 equipment in your police depat tment. Please run 2 copies of both the contract (Interlocal) and the attachment h. - : enn t si • n both and return both to Beck Stewart. We will then get our Director to sign and return one of the originals to you. If you have any other questions, please feel free to call either Becky Stewart or myself. « Interlocal Cover Letter.doc» «PSAP FY 02 - Round Rock.doc» «PSAP Monthly Report (Att. A).doc» Thank you, Debbie Shaw CAPCO 9 -1 -1 Administrative Assistant (512) 916 -6004 uEl David, September 21, 2001 Robert L. Bennett City Manager City of Round Rock 221 E. Main Round Rock, TX 78664 Dear Mr. Bennett: Capital Area Planning Council 2512 IH 35 South, Suite 220 Austin, Texas 78704 512.443.7653 (fax) 51.2.443.7658 Enclosed please find the FY 2002 PSAP Interlocal (2 originals) and attachments. The documents describe how both your entity and CAPCO will accomplish the delivery of 9 -1 -1 service during the year. I respectfully request you sign the attached and retum BOTH originals to our office immediately as they were due back by August 31, 2001. Upon receipt in our office, Betty Voights, Executive Director, will sign each, and one original will be returned to you Please note that without the signed Interlocal in place CAPCO is unable to reimburse your entity any funds expended on behalf of the 9 -1 -1 services. Should you have any questions, please feel free to contact me at (512) 916 -6044. Sincerely, Becky L. Stewart Director Emergency Services July 6, 2001 Robert L. Bennett City Manager City of Round Rock 221 E. Main Street Round Rock, TX 78664 Dear Mr. Bennett: Enclosed please find the FY 2002 PSAP Interlocal (2 originals) and attachments. The documents describe how both your entity and CAPCO will accomplish the delivery of 9 -1 -1 service during the year. I respectfully request you sign the attached and return BOTH originals to our office by August 31, 2001. Upon receipt in our office, Betty Voights, Executive Director, will sign each, and one original will be returned to you. Please note that without the signed Interlocal in place CAPCO is unable to reimburse your entity any funds expended on behalf of the 9 -1 -1 services. Should you have any questions, please feel free to contact me at (512) 916 -6044. Sincerely, Becky L. Stewart Director Emergency Services Capital Area Planning Council 2512 IH 35 South, Suite 220 Austin, Texas 78704 512.443.7653 (fax) 512.443.7658 Cc: PSAP Supervisor County Task Force Member RECEIVED JUL p 7 2001 Bastrop • Blanco • Burnet • Caldwell • Fayette • Hays • Lee • Llano • Travis • Williamson Counties RESOLUTION NO. R- 00- 02- 24 -11C1 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement Contract for PSAP Maintenance, Equipment Upgrade and Training ( "Contract ") with the Capital Area Planning Council (CAPCO) for 9 -1 -1 emergency service, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Contract, a copy of same being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. A TEST: RESOLVED this 24th day of Febr ANNE LAND, City Secretary R:\ WPDOCS \RESOLUTI \R00224C1.WPD /ec 2000. RO RT A. STLUKA, , Mayor City of Round Rock, Texas PSAP00:1021/99 CAPITAL AREA PLANNING COUNCIL INTERLOCAL CONTRACT FOR PSAP MAINTENANCE, EQUIPMENT UPGRADE, AND TRAINING Art. 1. Parties and Purpose 1.1. The Capital Area Planning Council (CAPCO) is a regional planning conunission 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. CAPCO has developed a Strategic Plan to establish and maintain 9 -1 -1 emergency telephone service in State Planning Region 12, and the Texas Advisory Commission on State Emergency Communications has approved its current Plan. 1.2. The City of Round Rock (Public Agency) is a Texas home -rule municipality that operates one or more Public Service Answering Points (PSAPs) 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 CAPCO and Public Agency under chapter 791 of the Government Code so that Public Agency can maintain its PSAP(s), upgrade its equipment, and train its personnel to participate in the enhanced 9 -1 -1 emergency telephone system in the Region. Art. 2. Goods and Services 2.1. Public Agency agrees to: (1) purchase supplies such as printer paper, printer ribbons, cleaning materials, etc. necessary for the continuous operation of its PSAP(s); (2) upgrade its PSAP equipment and software, as authorized in the current Strategic Plan, by requesting CAPCO to purchase new equipment and software; (3) protect the PSAP equipment and secure the premises of its PSAP(s) against unauthorized entrance or use; (4) practice preventive maintenance for the PSAP equipment including, at a minimum, backing up data biweekly on a removable medium and storing the removable medium in a secure place; (5) provide emergency communications training to call - takers/dispatchers as described in CAPCO's current Strategic Plan. PSAPOO:10/21199 (6) protect the confidentiality of addressing databases furnished by telecommunications providers, and notify CAPCO in writing within two business days of the receipt of a request for addressing database information made under the Texas Public Information Act. Art. 3. Contract Price and Payment Terms 3.1. CAPCO agrees to compensate Public Agency in the total amount of not to exceed $ 250.00 for its performance of this contract. 3.2. Within 30 calendar days after the effective date of this contract, CAPCO agrees to pay Public Agency $ 250.00 for the purchase of supplies authorized by the current Strategic Plan. Public Agency agrees to certify in writing to CAPCO, within 30 calendar days after this contract ends or is terminated early, that it expended all or a specified portion of the amount received to purchase supplies, and to refund to CAPCO any unexpended portion. 3.3. If Public Agency made expenditures under this contract in violation of applicable law or policy, Public Agency agrees to repay CAPCO for those expenditures within 60 calendar days from the date CAPCO notifies Public Agency of the repayment amount due and the reason repayment is required. Except as provided in paragraph 3.4, if Public Agency does not repay the reimbursement when required, CAPCO 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 contract. 3.4. Public Agency may appeal in writing to CAPCO its determination that Public Agency repay the reimbursement, explaining why it believes the determination is wrong, or Public Agency may request CAPCO 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. CAPCO agrees to submit the appeal or proposal or both to the Texas Commission on State Emergency Communications with its recommendation and to furnish Public Agency with a copy of its recommendation. The Commission's decision on Public Agency's appeal or proposal or both is final. Art. 4. Effective Date and Term of Contract 4.1. This contract takes effect September 1, 1999, and it ends, unless sooner terminated under Art. 10, on August 31, 2000. Art. 5. Performance Reports 5.1. Public Agency agrees to report monthly to CAPCO on its performance of this contract using the CAPCO 9 -1 -1 PSAP Monthly Report, Attachment B to this contract. 5.2. The Reports for the months before the month during which this contract is signed on behalf of CAPCO must be received by CAPCO within 30 calendar days after the date on which this contract is signed on behalf of CAPCO. Public Agency agrees to complete and furnish 2 PSAPOO:1O 21N9 CAPCO a Report for the month during which this contract is signed on behalf of CAPCO, and for each subsequent month, by the 15th day of the following month. Art. 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 State Administration of Emergency Communications Act, chapter 771, Texas Health and Safety Code; rules implementing the Act contained in title I, part XII, Texas Administrative Code; the Uniform Grant Management Standards (Governor's Office of Budget and Planning, Jan. 1998); Texas Advisory Commission on State Emergency Communications, 9 -1 -1 PROGRAMS Policies and Procedures; and CAPCO's 9 -1 -1 Policies and Procedures Manual. Art. 7. Independent Contractor, Assignment and Subcontracting 7.1. Public Agency is not an employee or agent of CAPCO, 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 CAPCO. An attempted assignment or subcontract in violation of this paragraph is void. 7.3. If CAPCO 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. Art. 8. Records and Monitoring 8.1. Public Agency agrees to maintain fmancial, 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 paragraph 8.3, Public Agency agrees to preserve the records for three 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 fmally concluded, regardless of the expiration or early termination of this contract. 8.4. CAPCO 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. CAPCO 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. 3 PSAPOO:IO/21199 8.5. CAPCO agrees to notify Public Agency at least 24 hours in advance of any intended visit for the purposes described in paragraph 8.4. Upon receipt of CAPCO's notice, Public Agency agrees to notify the appropriate department(s) specified in the notice. 8.6. The Texas Commission on State Emergency Communications and the Texas State Auditor have the same inspection, copying, and visitation rights as CAPCO. Art. 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, or national origin. Art. 10. Suspension and Early Termination of Contract 10.1. Public Agency acknowledges that CAPCO's sole source of funding for this contract is a legislative appropriation distributed under contract between CAPCO and the Texas Commission on State Emergency Communications. If the Commission does not make timely payments to CAPCO under its contract, CAPCO may suspend payment to Public Agency under this contract by giving Public Agency notice of the suspension. The suspension is effective five business days after Public Agency's receipt of the notice. Upon suspension of payment, Public Agency's obligations under this contract are also suspended until CAPCO resumes payment. If the suspension continues for a cumulative total of 30 or more calendar days, or if the Commission terminates its contract with CAPCO, CAPCO 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. 10.2. Except as provided in paragraphs 3.3 and 3.4, if CAPCO 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. 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 Art. 11. 10.3. If CAPCO suspends payment to Public Agency under paragraph 10.1, or if this contract is terminated under paragraph 10.1 or 10.2, CAPCO and Public Agency are each entitled to compensation for goods and services each provided the other before receiving notice of the suspension or termination. However, neither CAPCO 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 suspension or termination. 10.4. Termination for breach under paragraph 10.2 does not waive either party's claim for damages resulting from the breach, and both CAPCO and Public Agency among other 4 PSAP00:10l2 I/99 remedies may withhold from compensation owed the other an amount necessary to satisfy its claim against the other. 10.5. The ending of this contract under Art. 4 or its early termination under this Art. 10 does not affect Public Agency's duty: (1) to repay CAPCO for expenditures made in violation of applicable law or policy in accordance with paragraphs 3.3 and 3.4; (2) to preserve its records and permit inspection, copying, and auditing of its records and visitation of its premises and personnel under Art. 8. Art. 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 Art. 11, until they have exhausted the procedures set out in this Art. 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. Art. 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: (I) when it is delivered to the party personally; (2) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party's address specified in paragraph 12.2 and signed on behalf of the party; or (3) 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. CAPCO's address is 2512 IH -35 South. Suite 220, Austin, TX 78704, Attention Executive Director, Public Agency's address is 221 E. Main Street, Round Rock. TX 78664 Attention: Bob Bennett, General Manager 5 PSAP00:1021N9 12.3. A party may change its address by providing notice of the change in accordance with paragraph 12.1. Art. 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. 13.2. This contract states the entire agreement of the parties, and an amendment to it is not effective unless in writing and signed by all parties. 13.3. The following Attachments are part of this contract: A. CAPCO's 9 -1 -1 Policies and Procedures Manual B. CAPCO 9 -1 -1 PSAP Monthly Report C. Texas Advisory Commission on State Emergency Communications, 9 -1 -1 PROGRAMS Policies and Procedures 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. C&7y OF ROIJND hoc/ CAPITAL AREA PLANNING COUNCIL By Name IO 5J T A. 6 JE. Date TitleO2i Date PC fi,eW Q y .2 000 6 Betty Voights Executive Director DATE: February 18, 2000 SUBJECT: City Council Meeting — February 24, 2000 ITEM: 11.C.1. Consider a resolution authorizing the Mayor to execute an interlocal agreement for Emergency 911 service to the City of Round Rock, through the Capital Area Planning Council. This agreement titled Public Service Answering Points (PSAP) provides maintenance, equipment upgrade and training. Staff Resource Person: Paul Comer, Chief of Police. PSAPOI :7/00 3 RECEIVED AUG 1 + 2OJtJ CAPITAL AREA PLANNING CO INTERLOCAL CONTRACT FOR PSAP MAINTENAN U�$, lE1�IT UP.GRAD , AND TRAINING Art. 1. Parties and Purpose 1.1. The Capital Area Planning Council (CAPCO) 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. CAPCO has developed a Strategic Plan to establish and maintain 9 -1 -1 emergency telephone service in State Planning Region 12, and the Texas Commission on State Emergency Communications has approved its current Plan. 1.2. The City of Round Rock (Public Agency) is a Texas home -rule municipality that operates one or more Public Service Answering Points (PSAPs) 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 CAPCO and Public Agency under chapter 791 of the Government Code so that Public Agency can maintain its PSAP(s), upgrade its equipment, and train its personnel to participate in the enhanced 9 -1 -1 emergency telephone system in the Region. Art. 2. Goods and Services 2.1. Public Agency agrees to: (1) purchase supplies such as printer paper, printer ribbons, cleaning materials, etc. necessary for the continuous operation of its PSAP(s); (2) upgrade its PSAP equipment and software, as authorized in the current Strategic Plan, by requesting CAPCO to purchase new equipment and software; (3) protect the PSAP equipment and secure the premises of its PSAP(s) against unauthorized entrance or use; (4) practice preventive maintenance for the PSAP equipment including, at a minimum, backing up data biweekly on a removable medium and storing the removable medium in a secure place; (5) provide emergency communications training to call - takers /dispatchers as described in CAPCO's current Strategic Plan. (6) protect the confidentiality of addressing databases and of information furnished by telecommunications providers, and notify CAPCO in writing within two business days of the PSAPOI :7/00 receipt of a request for addressing databases or information made under the Texas Public Information Act. Art. 3. Contract Price and Payment Terms 3.1. CAPCO agrees to compensate Public Agency in the total amount of not to exceed $ 250.00 for its performance of this contract. 3.2. Within 30 calendar days after the effective date of this contract, CAPCO agrees to pay Public Agency $ 250.00 for the purchase of supplies authorized by the current Strategic Plan. Public Agency agrees to certify in writing to CAPCO, within 30 calendar days after this contract ends or is terminated early, that it expended all or a specified portion of the amount received to purchase supplies, and to refund to CAPCO any unexpended portion 3.3. If Public Agency made expenditures under this contract in violation of applicable law or policy, Public Agency agrees to repay CAPCO for those expenditures within 60 calendar days from the date CAPCO notifies Public Agency of the repayment amount due and the reason repayment is required. If Public Agency does not repay the reimbursement when required, CAPCO 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. 3.4. Public Agency may appeal in writing to CAPCO its determination that Public Agency repay the reimbursement, explaining why it believes the determination is wrong, or Public Agency may request CAPCO 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. CAPCO agrees to submit the appeal or proposal or both to the Texas Commission on State Emergency Communications with its recommendation and to furnish Public Agency with a copy of its recommendation. The Commission's decision on Public Agency's appeal or proposal or both is fmal. Art. 4. Effective Date and Term of Contract 4.1. This contract takes effect September 1, 2000, and it ends, unless sooner terminated under Art. 10, on August 31, 2001. Art. 5. Performance Reports 5.1. Public Agency agrees to report monthly to CAPCO on its performance of this contract using the CAPCO 9 -1 -1 PSAP Monthly Report, Attachment A to this contract. 5.2. The Reports for the months before the month during which this contract is signed on behalf of CAPCO must be received by CAPCO within 30 calendar days after the date on which this contract is signed on behalf of CAPCO. Public Agency agrees to complete and furnish 2 PSAPOI :7/00 CAPCO a Report for the month during which this contract is signed on behalf of CAPCO, and for each subsequent month, by the 15th day of the following month. Art. 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 State Administration of Emergency Communications Act, chapter 771, Texas Health and Safety Code; rules implementing the Act contained in title I, part XII, Texas Administrative Code; the Uniform Grant Management Standards (Governor's Office of Budget and Planning, Jan. 1998); Texas Advisory Commission on State Emergency Communications, 9 -1 -1 PROGRAMS Policies and Procedures; and CAPCO's 9 -1 -1 Policies and Procedures Manual. Art. 7. Independent Contractor, Assignment and Subcontracting 7.1. Public Agency is not an employee or agent of CAPCO, 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 CAPCO. An attempted assignment or subcontract in violation of this paragraph is void. 7.3. If CAPCO 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. Art. 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 paragraph 8.3, Public Agency agrees to preserve the records for three state 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. CAPCO 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. CAPCO 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. 3 PSAPOI :7/00 8.5. CAPCO agrees to notify Public Agency at least 24 hours in advance of any intended visit for the purposes described in paragraph 8.4. Upon receipt of CAPCO's notice, Public Agency agrees to notify the appropriate department(s) specified in the notice. 8.6. The Texas Commission on State Emergency Communications and the Texas State Auditor have the same inspection, copying, and visitation rights as CAPCO. Art. 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, 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 CAPCO's affirmative action procurement policy, which is set out in CAPCO's 9 -1 -1 Policies and Procedures Manual. Art. 10. Suspension and Early Termination of Contract 10.1. Public Agency acknowledges that CAPCO's sole source of funding for this contract is a legislative appropriation distributed under contract between CAPCO and the Texas Commission on State Emergency Communications. If the Commission does not make timely payments to CAPCO under its contract, CAPCO may suspend payment to Public Agency under this contract by giving Public Agency notice of the suspension. The suspension is effective five business days after Public Agency's receipt of the notice. Upon suspension of payment, Public Agency's obligations under this contract are also suspended until CAPCO resumes payment. If the suspension continues for a cumulative total of 30 or more calendar days, or if the Commission terminates its contract with CAPCO, CAPCO 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. 10.2. Except as provided in paragraphs 3.5 and 3.6, if CAPCO 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. 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 Art. 11. 10.3. If CAPCO suspends payment to Public Agency under paragraph 10.1, or if this contract is terminated under paragraph 10.1 or 10.2, CAPCO and Public Agency are each entitled to compensation for goods and services each provided the other before receiving notice of the suspension or termination. However, neither CAPCO nor Public Agency is liable to the 4 PSAP01:7100 other for costs it paid or incurred under this contract after or in anticipation of its receipt of notice of suspension or termination. 10.4. Termination for breach under paragraph 10.2 does not waive either party's claim for damages resulting from the breach, and both CAPCO and Public Agency among other remedies may withhold from compensation owed the other an amount necessary to satisfy its claim against the other. 10.5. The ending of this contract under Art. 4 or its early termination under this Art. 10 does not affect Public Agency's duty: (1) to repay CAPCO for expenditures made in violation of applicable law or policy in accordance with paragraphs 3.3 and 3.4; (2) to preserve its records and permit inspection, copying, and auditing of its records and visitation of its premises and personnel under Art. 8. Art. 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 Art. 11, until they have exhausted the procedures set out in this Art. 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. Art. 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: (1) when it is delivered to the party personally; (2) on the date shown on the return receipt if mailed by registered or certified 5 PSAP01:7/00 mail, return receipt requested, to the party's address specified in paragraph 12.2 and signed on behalf of the party; or (3) 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. CAPCO's address is 2512 IH -35, South, Suite 220, Austin, TX 78704, Attention: Executive Director. Public Agency's address is: 221 E. Main Round Rock TX 78664 Attention: Robert L. Bennett, City Manager 12.3. A party may change its address by providing notice of the change in accordance with paragraph 12.1. 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. 13.2. This contract states the entire agreement of the parties, and an amendment to it is not effective unless in writing and signed by all parties. Name Bob Bennett Title City Manager Date August 2,2000 Art. 13. Miscellaneous 13.3. Attachment A, CAPCO 9 -1 -1 PSAP Monthly Report, is part of this contract. 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. CAPITAL AREA PLA NING COUNCIL Date (Q 6 y Voigh Executive id'ector FY01 Public Education Presentations/Events: ATTACHMENT A CAPCO 9 -1 -1 PSAP MONTHLY REPORT PSAP Name: Month & Year of Report: PSAP Supervisor: PSAP Contact Number: PSAP Address: Total Training Hours Received: Number of TDD Calls Received (including test calls): Number of trouble calls to service provider: Hardware (workstation/host) trouble calls: Network trouble calls: 9 -1 -1 Service Outage - please advise date, time, length of outage and cause of outage if known: Please explain on an attached, separate sheet any item that your agency is unable to calculate or obtain.