Contract - Capital Area Emergency Comm District - 9/8/2016 PSAP City 2017
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 under Chapter 772, Subchapter G of the Health and Safety Code, 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 Chapter 772 of the Health and Safety Code.
1.3. This contract is entered into between CAECD and Public Agency under chapter 791
of the Government Code so that Public Agency can maintain its PSAP(s), 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. Goods and Services
2.1. Public Agency agrees to:
(1) purchase supplies such as printer paper, printer ribbons, cleaning materials and other
expendable items necessary for the continuous operation of its PSAP(s);
(2) upgrade its PSAP equipment and software, as authorized in the current annual
budget, by requesting CAECD to purchase new equipment and software;
(3) protect the PSAP equipment and secure the PSAP premises 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
CAECD's current annual budget.
(6) 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;
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(7) 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.
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.
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(1) 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. 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.
3.4. (a) 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.
(b) The appeal authorized by Section 3.4(a) 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, 2016 and it ends, unless sooner terminated
under Section 10, on September 30, 2017.
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.
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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; and
CAECD's 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.
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.
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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 and 3.4, 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. If the breach cannot 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 goods and services each provided 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
remedies may withhold from compensation owed the other an amount necessary to satisfy its
claim against the other.
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:
(1) to repay CAECD for expenditures made in violation of applicable law or policy in
accordance with Sections 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 Section 8.
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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: (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 Section 12.2 and signed for 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 Section 12.2.
12.2. CAECD's address is 6800 Burleson Rd., Bldg. 310, Ste. 165 Austin, TX 78744
Attention: Executive Director. Public Agency's address is if/ - 1V �
Attention: Orili VV - .
12.3. 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.
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13.2. 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.
13.3. This contract is binding on and inures to the benefit of the parties' successors in
interest.
13.4. This contract is executed in duplicate originals.
CITY OF ROUND ROCK CAPITAL AREA EMERGENCY
COMMUNICATIONS DISTRICT
B B ma
Name 1411rt NG ` l/J Betty yoights
Title MO\\/OY' Executive Direcr•r
Date 9'97 '(10 Date i I
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