CM-03-00-01PSAP04:Cities:5/03
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 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 Answeririg 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;
(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's Emergency Services Department in writing
within two business days of the receipt of a request for addressing databases or information made
under the Texas Public Information Act;
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(7) use the Emergency Notification Database only for emergencies and protect the
Database from unauthorized use.
Art. 3. Contract Price and Payment Terms
3.1. CAPCO agrees to compensate Public Agency in the total amount of not to exceed
$ 500.00 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 $ 500.00 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. (a) 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.
(b) The appeal authorized by subparagraph (a) is the only mechanism for challenging
CAPCO's determination under paragraph 3.3 that Public Agency repay the reimbursement. The
dispute resolution process of Art. 11 is not available to challenge CAPCO's determination.
Art. 4. Effective Date and Term of Contract
4.1. This contract takes effect September 1, 2003, and it ends, unless sooner terminated
under Art. 10, on August 31, 2004.
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.
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5.2. The first Report is for the month of September 2003 and is due by October 15, 2003.
Subsequent reports are due by the 15th day of the following month.
5.3. CAPCO each year will visit Public Agency's offices and monitor its performance of
this contract to ensure compliance with applicable law and policy described in Art. 6. 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); 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.
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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
inspection visit under this Art. 8. 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, 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 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 3.3 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.
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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.
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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
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 St, Round Rock, TX 78664_
Attention: Jim Nuse, City Manager
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. 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.
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CAPITAL AREA PLANNING COUNCIL
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Executive Director
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