HomeMy WebLinkAboutRES 99-044 RESOLUTION N0. &/- X
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute interlocal agreements
with the South East Texas Regional Planning Commission for maintenance, equipment
upgrade, and training for the City's Emergency 9-1-1 system. A draft of the agreements
is substantially in the form attached hereto as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of , 1999.
-&UL�
- Mayor
DRAFT
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
9-1-1 EMERGENCY NETWORK
INTERLOCAL CONTRACT FOR PUBLIC SAFETY ANSWERING POINT
MAINTENANCE, EQUIPMENT UPGRADE, AND TRAINING
This agreement is entered into between the
South East Texas Regional Planning Commission
and the
City of Beaumont , Texas
EXHIBIT "A"
South East Texas Regional Planning Commission
INTERLOCAL CONTRACT FOR PSAP MAINTENANCE, EQUIPMENT UPGRADE,
AND TRAINING
Parties and Purpose
1.1 The South East Texas Regional Planning Commission (SETRPC) 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. SETPRC has developed a Strategic Plan to establish and
maintain 9-1-1 emergency telephone service and the Texas Advisory Commission on
State Emergency Communications (ACSEC) has approved its Plan.
1.2 The City of Beaumont (Public Agency) is a
Texas municipality that operates one or more Public Safety 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 SETRPC 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.
Goods and Services
2.1 Public Agency agrees to:
(1) cooperate with SETRPC in acquiring and installing necessary
equipment for the 9-1-1 system;
(2) abide by all rules, regulations, performance training standards, etc.
adopted by the ACSEC or its successor agency;
(3) purchase supplies such as printer paper, printer ribbons, cleaning
materials, etc. necessary for the continuous operation of its PSAP(s);
(4) protect the 9-1-1 equipment and secure the premises of its PSAP(s)
against unauthorized entrance or use;
(5) practice preventive maintenance for the 9-1-1 equipment, including
at a minimum, testing emergency power generators periodically, and ensuring that
printers are working properly;
(6) participate in emergency communications training for call-
takers/dispatchers as scheduled and provided by SETRPC;
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(7) complete such reports and other documentation as may be
reasonably required by ACSEC, the PSAPs, SETRPC, or the service provider.
E 9-1-1 Equipment Purchasing and Leasing
3.1 (a) SETRPC hereby agrees to provide services and equipment,
whether purchased or leased, for Public Agency including all non-recurring and monthly
recurring charges for equipment and network charges as approved by the ACSEC.
SETRPC also agrees to provide for repairs, updates and replacement of equipment as
necessary and as approved by the ACSEC.
(b) All leased equipment remains the sole property of the lessor.
3.2 Except as noted in paragraph 3.5, SETRPC owns all 9-1-1 equipment
purchased on behalf of Public Agency with emergency service fees paid to SETRPC by
the exchange carriers. Public Agency is licensed to use the 9-1-1 equipment in providing
enhanced 9-1-1 emergency telephone services.
3.3 Public Agency agrees not to encumber, transfer, or otherwise dispose of
the 9-1-1 equipment without SETRPC's written consent. Further, upon the installation
of any additional equipment or software by SETRPC, Public Agency agrees to comply
with the provisions of Exhibit "A" attached hereto and incorporated herein as referenced.
3.4 Paragraphs 3.1, 3.2 and 3.3 survive the expiration or early termination of
this contract and continue in effect so long as Public Agency uses the 9-1-1 equipment.
3.5 When 9-1-1 equipment is purchased with a combination of monies from
Public Agency and emergency service fees paid to SETRPC by the exchange carriers,
Public Agency shall own said equipment.
Effective Date and Term of Contract
4.1 The term of this contract shall be one(1) year, effective on
, and shall continue from year to year thereafter unless any party
involved gives sixty (60) days written notice to the other.
Independent Contractor
5.1 Public Agency is not an employee or agent of SETRPC, but furnishes
services under this contract solely as an independent contractor.
Assignment and Subcontracting
6.1 Public Agency may not assign its rights or subcontract its duties under this
contract without the prior written consent of SETRPC. An attempted assignment or
subcontract in violation of this paragraph is void.
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6.2 If SETRPC consents to subcontracting, each subcontract is subject to all of
the terms and conditions of this contract, and Public Agency agrees to furnish a copy of
this contract to each of its subcontractors.
Records
7.1 Public Agency agrees to maintain records adequate to document its call
volume and ANVALI problems.
7.2 Subject to the additional requirement of paragraph 7.3, Public Agency
agrees to preserve records, at a minimum, for three years.
7.3 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.
7.4 SETRPC 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.
7.5 SETRPC 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.
7.6 ACSEC and the Texas State Auditor have the same inspection, copying,
and visitation rights as SETRPC.
Nondiscrimination and Equal Opportunity
8.1 Public Agency shall not exclude anyone from participating under this
contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate
against anyone in carrying out this contract because of race, color, religion, sex, age,
disability, handicap, or national origin.
Dispute Resolution
9.1 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 paragraphs 9.1-9.2, until they have exhausted
the procedures set out in these paragraphs.
9.2 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.
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9.3 If the representatives cannot resolve the dispute within 30 calendar days
after the first negotiation meeting, the parties agree to refer the dispute to the Dispute
Resolution Center of Jefferson County for mediation in accordance with the Center's
mediation procedures by a single mediator assigned by the Center. Each party shall pay
half the cost of the Center's mediation services.
9.4 The parties agree to continue performing their duties under this contract,
which are unaffected by the dispute, during the negotiation and mediation process.
Suspension for Unavailability of Funds
10.1 Public Agency acknowledges that SETRPC's sole source of funding
for this contract are the emergency service fees collected by the telephone companies and
remitted to SETRPC and pooled funds awarded to SETRPC. If fees sufficient to
administer the program are not received by SETRPC, SETRPC may suspend
administration of the program and training responsibilities under this contract by giving
Public Agency notice thereof.
Termination for Convenience
11.1 Either party may terminate this contract in its entirety for convenience by
giving the other notice of intent to terminate. After the notice is received, the parties
shall negotiate in good faith the terms and effective date of the termination. In any event,
however, this contract terminates 60 calendar days after a party receives the notice of
termination.
Notice to Parties
12.1 Notice to be effective under this contract must be in writing and received
by the party against whom it is to operate. Notice is received by a party; (1)when it is
delivered to the party personally; (2) when a party receives a facsimile of the notice, as
confirmed by the sender's facsimile machine; (3) 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(4)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 SETPRC's address is 3501 Turtle Creek Drive, Port Arthur, Texas 77642,
Attention: 9-1-1 Director. SETRPC's telephone number is (409) 724-1911, and its
facsimile number is (409) 724-6295. Public Agency's address is P. 0. Box 3827
Beaumont, TX 77704
Attention: District Chief Jerry Lyons Public Agency's telephone number is
409 880 3901 , and its facsimile number is 409 880 5166
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12.3 A party may change its address by providing notice of the change in
accordance with paragraph 12.1.
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 such party is legally authorized to perform
the obligations undertaken.
13.2 This contract states the entire agreement of the parties, and an amendment
to this contract is not effective unless in writing and signed by all parties.
13.3 The following Attachments are part of this contract:
Attachment 1 Call Volume Report
Attachment 2 ANI/ALI Problem Report
13.4 This contract is binding on and inures to the benefit of the parties'
successors in interest.
13.5 This contract is executed in duplicate originals.
CITY OF Beaumont SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
By By
Don Kelly
Name: Executive Director
Title: Date:
Attest:
[Assistant] City Clerk
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EXHIBIT A
PSAP RULES REGARDING NEW EQUIPMENT
1. Only the designated Dispatch Supervisor or other designated supervisor is to have the
security codes and keys to the locks for the computer drives.
2. No unauthorized software is to be loaded onto the 9-1-1 system.
3. No unauthorized personnel are to service or repair the 9-1-1 system components.
4. No unauthorized personnel are to use the 9-1-1 system.
5. PSAP personnel are responsible for reporting any hardware or software problems
within a reasonable period from the time the problem is first detected.
6. The PSAP agency will only be liable for any expenses incurred by the SETRPC in
repairing or replacing any software or hardware that must be replaced due to abuse or
negligence or as a direct result of any violation of the rules stated herein.
7. Failure to abide by these rules may result in the SETRPC terminating this agreement
and not placing a PSAP at that location.
8. The PSAP agency will not be held monetarily liable for any costs incurred for items
that are covered by warranty, or if they are the result of an incident over which they
have no control (i.e. lightning, water as a result of flooding, power failure, etc.)
9. The PSAP agency will operate a 24-hour dispatch service at the PSAP site in order to
assure quality and to continue to operate as a PSAP.
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CALL
• ATTACHMENT 1
EMERGENCY* CALL VOLUME REPORT
South East Texas Regional
Planning Commission
REPORTING AGENCY
CONTACT PERSON
REPORTING PERIOD TO
9-1-1
Day of the Week Non-Emergency 9-1-1 Total
Calls Emergency Calls 9-1-1 Calls
A B A+B =C
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
SUNDAY
TOTALS
9-1-1 CALL VOLUME REPORT
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
9-1-1 EMERGENCY NETWORK
INSTRUCTIONS:
Please date and complete this call volume report. Reports should be
submitted at the end of each reporting week. To file your report, please
fax it to Pete De La Cruz, Data Base Manager, at(409) 724-6295. If
you have any questions about this form, please contact me at (409) 724-
1911.
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ATTACHIv1ENT 2
9-1 -1 B cAU
ANVAU Problem Report '.
South East Texas
Coffwr sfon
9 1-1«Emergerx'Y Ne work
PSAP CALL-TAXER ID
Dote ANI �_) - ESN
TIME ANI FLASHING D ANI STEADY D
DISPLAYED ADDRESS
DISPLAYED COMMUNITY
PHONE TYPE
(CIRCLE ONE) BUSN RESD COIN CELL CTX PBX OTHER
PROBLEM RECORD NOT FOUND FOR AU DISPLAY
REPORT
0 FOREIGN EXCHANGE (FX)
INFORMATION ERROR
ANI INCORRECT- CHANGE TO:
MISROUTED TO THIS PSAP - SEND TO:
AU ADDRESS INCORRECT-CHANGE TO ADDRESS BELOW:
ESN ASSIGNMENT INCORRECT- CHANGE TO:
POUCE
FIRE
EMS
REMARKS
SETRPC 9-1-1 USE TELEPHONE COMPANY USE RECD
RECD' CORRECTION MADE INITIALS
FWD: REMARKS:
Paco)
CONFIRMED
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