HomeMy WebLinkAbout2016-06-21-contract-E911E911 County Equipment Contract FY 2016/17
Washington State Military Department (DEPARTMENT) AND
Emergency Management Division
Camp Murray, Building #20, M.S. TA~20
Tacoma, WA 98430-5000
(253) 512-7481
Contact Person: Teresa Lewis
E-mail: -leresa.lewls@mil.wa.gov
Kittltas County Agency (COUNTY)
205 W 5th Avenue, Room 108
Ellensburg, WA 98926
(509) 925-8530
Contact Person: Darlene Ma inwaring
E-mail: malnwaring@kittoom.org
TIN#: 91-6001349 J UBI#: 192-002-673
Maximum Amount: $468,984 Beginning Date: July 1. 2015 Expiration Date: August 15, 2017
Brief Description:
This is a reimbursement contract. Reimbursement Is limited to the maximum contract amount, equipment,
services and other listed budget categories on an actual cost basis for certaIn approved Incu rred eligible ,
approved and Incurred eqUipment expenses as desorlbed In WAC 118-66-050(3) and Enhanced 911 (E911)
pOlicies Incorporated herein by re ference In the amounts described in the Budget Sheet (Attachment D).
I. INTRODUCTION:
The DEPARTMENT 'S State E911 Coordinator 's Office (SECO) coordinates and faCilitates the
Implementation and operation of E911 emergency communications throughout the state. It Is responsible
for the reimbUrsement of expenses by counties for eligible expenses from excise tax revenue retained In
the state E911 account.
Funding: PI# 77282 and 77200 NZ State-03F Enhanced 911
II. KEY PERSONNEL:
The Individuals listed below shall be considered Key Personnel; however, either party may deSignate a
substitute by advance written notification to the other party.
COUNTY' '. DEPARTMENT '
Namerrltle Darlene Mainwaring, Namerrltle LIsa Barbier,
E911 Coordinator E911 Enterprise County Assistance
Program Coordinator
E .. Mail Ma in wa ring @klttcom.org E-Mail Llsa.barbier@mll.wa.gov
Phone 509 .925 .8 630 Phone 253.512.7013
III. ADMINISTRATIVE REQUIREMENTS:
The COUNTY shall use the following to determine allowable cost principles: State Off ice of Financial
Management (OFM) Regulations-State Administrative and Accounting Manual (SAAM) and the Local
Government. Budget I:)nd Accounting Reporting System (BARS).
IV, ELIGIBLE EXPENSES AND PRIORITIES ESTABLISHED BY THE LEGISLATURE:
Prioritie s for expenditu re of state E911 funds have been established by both the state legislature and the
DEPARTMENT:
A. RCW 38.52.640(1) provides that funds from the state E911 account should be "used only to support
the statewide coordination and management of the enhanced 911 system , for the Implementation of
wireless enhanced 911 stateWide, for the modernization of enhanced 911 emergency
communications systems stateWide, and to help supplement, within available funds , the operat ional
costs of the system . Including adequate funding of counties to enable Implementation of Wireless
enhanced 911 service and reimbursement of radio communications sarvice companies for ,costs
Incurred in providing wireless enhanced 911 service pursuant to negotiated contracts between the
counties or their agents and the radio communications service companies":
E911 county EQUIPMENT Contract Page 1 of 16 Kittitas County, E16-216
B. RCW 38.52.540(3) provides that the State E911 Coordinator is "authorized to enter into statewide
agreements to improve the efficiency of enhanced 911 services for all counties and shall specify by
rule the additional purposes for which moneys , If avanable, may be expended from this aooount";
C. RCW 38.52.545 provides that IIl n specifying rules definlhg the purposes for which available state
enhanced 911 may be expended, the state enhanced 911 coordinator, with the advice and assistance
of the enhanced 9·11 adv.isory committee , must consider base needs of Individual counties for specific
assistance. Priorities for available enhanced 911 funding are as follows: (1) To assure that 911
dialing Is operational statewide; (2) To assist counties· as necessary to assure that they call achieve a
basic service level for 911 operations; and (3) To assist counties as practicable to acquire item s of a
capital nature appropriate to modernize 911 systems and increase 911 effectiveness":
D. WAC 118-66-020 reiterates the E911 funding purposes and priorities established by the legislature;
E. WAC 118-66-040 describes County eligibility for funding; and
F. WAC 118-66-050 lists expenses that "may be eligible for reimbursement. .. based on a reasonable
prioritization by the state E911 coordinator" and "in accordance with the pu rpos es and priorities
established by statute and regulation".
V. THE PARTIES AGREE THAT THE FOLLOWING ELIGIBLE EXPENSES AND PRIORITIES ARE
ESTABLISHED IN CONTRACT:
A. Consistent with the statutes and regulations cited , this contract provides reimbursement solely for
certain approved eligible expenses described in WAC 118-66-050 incurred by the COUNTY, In
support 'of E911 calls originating In the county, Including eligible expenses In the follOWing
prioritization: (1) E911 statewide dialing, (2) E911 basic service, and (3) capital Items. This qontract
contains one category of eligible expenses: Equipment as desorlbed below:
!. Equipment expenses are only reimbursed pursuant to this contract. Equipment expenses
consist of statewide dialing, basic serv,loe, and oapltal items listed In WAC 118-66 and defined In
the E911 Policies and set out in Section Vii 0 of this contract. Equipment funding is only
available when the COUNTY has:
a. Imposed the maximum county enhanced 9-1-1 tax allowed under RCW 82.14B.030(1) and
RCW 82. 14B.030(2);
b. Expended its local revenue on eligible E911 expenses and needs additional reimbursement
assistance to meet Its eligible operational expenses.
c. Eligible enhanced 9-1-1 expenses as described in WAC 118-66-040.
d. A 911 system that Is completely enhanced for wireline and wireless E911 services.
B. Expenses.
i. General Reimbursement Requirements for COUNTYs:
a. Reimbursement will be made, contingent upon funding availability, only for eligible approved
expenses identified In RCW 38.52.545 and WAC 118-66"06 0;
b. Approved eligible expenses will be reimbursed at amounts not to exceed limits established
in E911 Policy, see Section VII D of this contract;
C. In the event available funding will not cover all contract eligible amounts, individual line
items will be funded In full or not at all;
d. Fun.ding is for primary Public Safety Answering Po ints (PSAP) only. unless otherwise
specified i.h applicable DEPARTMENT policy, see Section VII D of this contract ;
il. Ineligible Items:
Expenses not listed In WAC 118-66-050(1), (2) and/or (3), and not directly associated with the
eqUipment of the E911 system are not eligible for state financial assistance or reimbursement
under this contract.
E911 County EQUIPMENT Contract Page 2 of 16 Kittitas County. E 16-216
iii. Expense Documentation and Approval:
a. COUNTY must submit documentation of eligible expenses to the DEPARTMENT; including
identification of vendor, warrant number, date, and applicable E911 eligible expense
categorization as set out in Section VII E below;
b. COUNTY must submit eligible Expense Reports and/or requests for reimb ursement so they
are received by the DEPARTMENT by the 30th day following the month In Which payment
was made, including additional hard copy documentation required by an "Action Plan" due to
audit findings;
c. Expehses contained in Expense Reports not submitted by the 30th day following payment,
Including' aciditional hard copy documentation as required by "Action Plans", will not be
reimbursed . However, revenues reported In such Expense Reports will be cou nted as part
of the County's local revenue;
d. Expense Reports will be processed in the order received by the DEPARTMENT;
e. The DEPARTMENT mElY reqJ,Jest addlt10nal documentation and/or Information from
COUNTY pertair'ling to reimbursement requests, and any delay 1n providing the requested
inform ation may result in ,delay in reimbursement or reduced reimbursement;
f. All approved training expenses must be submitted as a whole after the training with the
exception of conference registration fee. which may be submitted for reimbllrsement In
advance.
g. Training expenses are exempt from the 30 day submittal requirement, but must be
submitted for reimbursement within 90 days of the actual training .
h. Prior to purchasing or leasing any eqUipment or software, COUNTY must sUbmit a written
quote to the DEPARTMENT for review and approval. Without prior written approval the
purchase or lease will not be eligible for reimbursement by the DEPARTMENT.
VI. PERFORMANCE PERIOD AND PAYMENT:
Payment by the DEPARTMENT to the COUNTY shall only be made as reimbursement for eligible
expenses approved by the DEPARTMENT and incurred between July 1, 2015 and June 30, 2017 which
is also known as the performance period . Work started prior to July 1, 2015 and/or not complete by June
30, 2017 will be considered outside the performance period and therefore not eligible for reimbUrsement.
The COUNTY shall not request payment in anticipation of expenditures not. yet incu rred .
VII. THE COUNTY AGREES TO:
A. Local Funding: The COUNTY affirms that it has authorized collection Of the local E911 excise tax
authorized under RCW 82 .148.030(1), RCW 82.14B.030(2) and/or RCW 82.14B .030(3) and that
these funds are being used for wireline and/or wireless eligible expenses listed In WAC 118-66 to
ope~ate the E9.11 system in the county. Consistent With RCW 38.52 .540(2), the COUNTY will not
request, receive or expend funds under this contract for wlrellne and wireless eligible expenses if It
has not imposed the maximum county E911 tax allowed under RCW 82 .14B.030(1) for switched
access lines, and will not request, receive or expend funds under this contract for wireless eligible
expenses if it has not imposed the maximum county E911 tax allowed under RCW 82.148.030(2) for
radio access lines.
B. Use of Funding: The COUNTY ensures the funds provided by the DEPARTMENT as described in
the Budget attached as Attachment D, shall be used by the COUNTY solely for reimbursement of
those approved' incurred eligible expenses as described in WAC 118-66-050 and the E911 poliCies
incorporated herein that are necessary to operate E911 countywide . Reimbursement shall be made
consistent with E911 policies, as set out in Section VII D of this 'contract , for approved expenses
described In WAC 118-66 that are incurred between July 1,2015 and June 30,2017.
C. Consolidation: If the COUNTY receives funds under this contract In support of a consolidated
Primary public Safety Answering Point (PSAP), the COUNTY agrees to maintain and operate the
c.onsolidated PSAP for three (3) years from the date of the consolidation and thereafter for the life of
this ,contract. Failure to comply with this requirement will result In a recapture of funds as provided in
the General Terms and Conditions. For purposes of this contract, a consolidated PSAP is one
operated by or on behalf of a county as the primary PSAP for all operations of enhanced 911 call-
taking and call transfer activities in that county .
E911 county EQUIPMENT Contract Page 3 of 16 Kittitas County, E16-216
The consolidated PSAP may also be engaged in, pursuant to inte rloca l agreement, the dispatching of
public safety resources serving several jurisdictions . A primary PSAP is one that initially answers all
911 calls within the county.
D. Enhanced 911 Policies: The COUNTY agrees to abide by all of the following E911 Policies, as
amended, available at FY16 E911 Policies One Drive link and incorporated by reference:
• E911 Capital Equipment Support Policy (PDF)
• E911 County Contract Policy (PDF)
• E911 County Coordinator Professional Development Contract Policy (PDF)
• E911 County Regionalization Contract Policy (PDF)
• E911 County-WSP Equipment Contract Policy (PDF)
• E911 Next Generation 911 Implementation Policy (PDF)
• E911 Statewide Services Support Policy (PDF)
• E911 Training Policy (PDF)
E. Reimbursement Requests and Reporting Requirements: Not more often than monthly, the
COUNTY shall submit invoice vouchers (Form A-i9) to the DEPARTMENT requesting reimbursement
for expenses. The COUNTY agrees to use forms and/or systems provided by the DEPARTMENT for
necessary reports.
In addition to any reports as may be required elsewhere in this contract, the COUNTY shall prepare
and submit the following reports to the DEPARTMENT's Key Personnel:
Financial Reports
Monthly Expense Reports
Mid-Year Budget Review
E911 Project Grant -Quarterly
Progress Report
Final Reimbursement Request
#/Copies
1
1
4/8
1
COOipletion Date
No later than 30 days following the
end of the month
January 31, of each year
Required quarterly (every three months)
July 31,2017
All contract work must not start prior to July 1, 2015 and must be delivered, installed/completed and
accepted by June 30, 2017; although the final report may be submitted by July 31, -2017 as
described above. Final bllllhg not received by July 31, 2017 , may not be processed .
F. Reallocation of Funds: Within the Capital Equipment category , the contractor is allowed to reallocate
up to 10% of approved and unspent Capital Equipment funds to other budget categories within the
Capital Equipment category. Cumulative changes to Capital Equipment budget categories that exceed
10% of the Contract amount will not be reimbursed without prior written authorization from the
DEPARTMENT. In no case shall the total budget amount exceed the Contract amount. Budget
categories are as specified or defined on the budget sheet of the contract. Any changes to budget
categories other than in compliance with this parag raph will not be reimbursed.
G. Compliance with State Law: The COUNTY will comply with all state law applicable to counties.
H. Equipment Management: All equipment purchase d under t his Contract by the COUNTY will be
recorded and maintained in the COUNTY's equipment Invento ry system.
i. All equipment purchases reimbursed through this Contract will be owned by and will be the sale
respons ibili ty of the COUNTY.
ii. The COUNTY shall \;)e responsible for any and all operational and maintenance expenses and
for the safe operatIon of its equipment Including all questions of liabinty . The COUNTY shall
develop appropriate maintenance schedules and proced\;lres to ensure the equipment is well
ma intained and kept in good operating condit ion , for the purpose of reducing the need for future
reimbursements from the state account.
E911 County EQUIPMENT Contract Page 4 of 16 Kittitas County, E16·216
iii. The COUNTY 'shall maintain equipment records that include: a descri ption of the property; the
manufacturer's serial number, model number, or other identification number; the source of the
equipment, who holds title; the acquisition date; the cost of the equipment; the locafton, use and
condition of the equipment at the date the information was reported; and disposition data
including the date of disposal and sale price ofthe property.
iv. Records for equipmenf shall be retained by the COUNTY for a period of six years from the date
of the disposition, replacement or transfer. If any litigation , claim, or audit is started before the
expiration of the six year period, the records shall be retained by the COUNTY until all Htigation ,
claims , or audit findings involvIng the records have been resolved.
v. The COUNTY shall take a physical inventory of the equipment and reconcile the results with the
property records at least once every two years. Any differences between quantities, determined
by the physical inspection and those shown in the records shall be lnvestigC!ted by the COUNTY
to determine the cause of the difference. The COUNTY shall. in connection with the inventory,
verify the existence of the equipment, current utilization of the eqUipment, and c,ontlnued need
for the equipment by the COUNTY.
vi. The COUNTY shall develop a control system to ensure adequate safeguards to prevent loss,
damage, and theft of the property. Any loss, damage or theft shall be investigated and a report
!;Jenerated and sent to the DEPARTMENT.
I. Responsibility for Project/Statement of WorklWork Plan: While the DEPARTMENT undertakes to
assist the COUNTY wIth the proj ect/statement of work/work plan (project) by providing state excise tax
funds pursuaht to this Contract , the project itself remains the sole responsibility of the COUNTY. The
DePARTMENT accepts no responsibility to the COUNTY, or to any third party, other than as is
expressly set out In this Contract.
The responsibility for the design , development, construction, implementation, operation and
maintenance of the project, as these phrases are applicable to th is project. Is solely that of the
COUNTY, as is responsibility for any claim or suit of any nature by any third party related in any way
to the project.
Prior to the start of any construction activity, the COUNTY shall ensure that all applicable Federal,
State, and local permits and clearances are obtained.
The COUNTY shall defend, at its own cost, any and all claims or suits at law or in equity, whioh may
be brought against the COUNTY in connection with the project. The COUNTY shall not look to the
DEPARTMENT, or to any state agency, or to any of their employees or agents, for any performance ,
assistance, or any payment or Indemnity. including but not limited to cost of defense and/or attorneys '
fees, in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation andlor maintenance of a project
VIII. CONDITIONED UPON COUNTYS FULFILLMENT OF ITS CONTRACT ABOVE THE MILITARY
DEPARTMENT AGREES TO THE FOLLOWING:
A. Within thirty (30) days of receipt and approval of signed , dated Invoice vouchers (state form A"19),
satisfactory completion of tasks, and documentation of costs, reimburse the COUNTY up to the
maximum of $468,984, or actual cost, whichever is lower, pursuant to the schedule set out in the
State Reimbursement Schedule (Attachment C) and as authorized by this Contract and WAC 118"66 .
B. If a question arises about the requested reimbursement', the COUNTY will be notified via e "mail
and/or telephone call and will have f ive (5) working day,s to provide the requested information . If
Information satisfactory to the DEPARTMENT has not been provided within that time , the expense in
question will be subtracted and the balance of approved elig ible incurred expenses will be processed
for reimbursement.
This Contract, the General Terms & Conditions (Attachment A), Statement of Work (Attachment B), State
Reimbursement Schedule (Attachment C), Budget Sheet (Attachment D)J and Equipment Maintenance
Certification Log (Attachment E) ,govern the rights and obligations oftha: parties to this Contract.
E911 County EQUIPMENT Contract Page 5 of 16 Kittitas County. E16-216
IN WITNESS THEREOF, the parties hereto have executed this Contract on the day and year last specified
below.
BY: ~ 74/~/c
Signature Date (
Richard A. Woodruff, Contracts Officer
Washington State Military DEPARTMENT
BOILERPLATE APPROVED AS TO FORM
Dawn C. Cortez (signature on file 7/24/15)
Assistant Attorney General
BY :
E911 County EQUIPMENT Contract Page 6 of 16
~
Signature Date
Obie O'Brien, Chairman
Kittitas County Board of Commissioners
Kittitas County, E16-216
ATTACHMENT A
GENERAL TERMS & CONDITIONS
1) DEFINITIONS: As used throughout this contract the following terms shall have the meanings set forth
below:
a. "DEPARTMENT" shall mean the Washington State Military DEPARTMENT (WMD), or any of the
officers or other officers lawfully representing that DEPARTMENT.
b. "COUNTY" shall mean the named county performing services under this contract or grant. It shall
include any subcontractor retained by the COUNTY as permitted under the terms of this contraGt.
c. "Subcontractor" shall mean one, not in the employment of the COUNTY, who is performing all or
part of those services under this contract under a separate contract with the COUNTY . The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
d. "PSAP" means Public Safety Answering Point as defined in WAC 118-66.
e. "WAC" is defined and used herein to mean the Washington Administrative Code.
f. "RCW" is defined and used herein to mean the Revised Code> of Washington.
2) ACCESS TO PUBLIC RECORDS:
a. The parties acknowledge that the DEPARTMENT is subject to the Public Records Act, Chapter
42.56 RCW, and that records prepared , owned, used or retained by the DEPARTMENT relating
to the conduct of .goverhment or the performance of any governmental or propri'etary function
are available for public inspection or copying, except as exempt under RCW 42.56 or other
statute whiCh exempts or prohibits disclosure of speCific Information or records .
b. The COUNTY shall provide access to data generated under this Contract to the DEPARTMENT
and the State Auditor at no additional cost. This includes access to all information that supports
the findings, conclusions, and recommendations of the COUNTY's reports, including computer
models and methodology for those models.
c. Access to Data -State law prohibits state agencies from entering into agreements when the
contractor could charge additional costs to the agency, the Joint Legislative Audit and Review
Committee, or the Office of the State Auditor for access to data generated unde r the Contract,
thus all such data will be provided at no addItional expense. For the purposes of this
requirement , hdata~ includes all information that supports the findings, conclusions and
recommendat jons qf the contractors reports , Including computer models and methodology for
those models.
3) ADVANCE PAYMENTS PROHIBITED: No payments in advance or in anticipation of services or
supplies to be provided under this Contract shall b(3 made by the DEPARTMENT.
4) AMERICANS WITH DISABILITIES ACT (ADA) OF 1990. PUBUC LAW 101 .. 336. 42 U.S.C. 12101 et
seq . (also referred to as the "ADA") and its' implementing regulations at 28 CFR Part 35. The
COUNTY must comply with the ADA, which provides comprehensive civil rights protection to Individuals
with disabilities in th e areas of employment, public accommodations, state and local government
services, and telecommunication.
5) ATTORNEYJS FEES: Except as provided in the section entitled "Recapture Provisions", in th e event of
litigatien or other action brought to enforce the terms of this Contract or alternate dispute resolution
process, each party agrees to bear its own attorney's fees and costs.
6) CRANGES AND MODIFICATIONS: The DEPARTMENT and the COUNTY may, from time to time ,
request changes to the Contract. Any such changes that are mutually agreed upon by the parties to
this Contract shall be incorporated herein by written amendment,. It is mutually ag reed and understood
that no alteration or variation of the terms of this Contract shall be valid unless made in writing and
signed by the parties hereto, and that any oral understanding or agreements shall not be binding.
E911 County EQUIPMENT Contract Page 7 of 16 Kittitas County, E16-216
7) C OMPLIANC E WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICI ES: The
COUNTY shall comply with, and the DEPARTMENT is not respons ible for determining compliance with,
any and all applicable federal, state, and local laws, regulations, executive orders, and/or policies. This
obligation includes, but is not limited to, nondiscrimination laws and/or policies; the ADA; Ethics in
Public Service (RCW 42.52); Covenant Against Contingent Fees (e.g., Federal Acqu isition Regulation
48 CFR Sec. 52.203-5); Public Disclosure (RCW 42.56); and safety and health regulations . In the
event of the COUNTY's noncompliance or refusal to comply with any applicable law, regulation,
executive order or policy, the DEPARTMENT may rescind, cancel, or terminate the Con tract in whole or
in part in its sole discretion . The COUNTY is responsible for all costs or liability arising from its f a ilure
to comply with applicable law, regulation , executive order or policy.
8) C ONTRACT MODI FICATIONS: The DEPARTMENT and the COUNTY may. from time to time ,
request changes In seNices 10 be performed with 'funds subject to this contract Any such changes ~hat
are mutually agreed upon by the DEPARTMEN T and the C OUNTY shall be incorporated herein by
writte n amendme nt to this contract. It is mutually agreed and understood that no alteration or variation
of the terms of thi s contract shall be va lid unless made in writing and s igned by the parties, and that any
oral u nderstanding or agreements not incorporated he rein , unless made in writing and signed by the
parties hereto; shall not be bind ing . It is mut'ually agreed and unders tood that the COU NTY is allowed
to reallocate f unds within Capita l Equipmeht categ o ry, the contra cto r is allowed to reallocate up to 10% of
approved and unspent ,Capital Equipment funds to other budg et categories Within the Capital Equipme nt
category. Cumulative changes to Capital Equipment budget categories that exceed 10% of the Contra ct
a mount will not be valid unless made in writing an d signed by the parties hereto, and that any oral
u nderstanding or agreements not incorp'orated herei n , unless made in w riting and signed by the parties
hereto, shall, not b~ bind i ng.
9) C O UN TY NOT E MPLOYEE O F AGENCY : T he COUNTY, and/or employees, sub-contractors ' or
agenfs performing under this Contract, are not employees or agents of the DEPARTMENT in any
manher whatsoever. The COUNTY will not be presented as nor claim to be an officer or emp loyee of
the DEPARTMENT or of the State of Washington by reason hereof, nor.will the COUNTY make any
claim, demand, or application to or for any right, privilege orbenefit applicable to an offi cer or employee
of the DEPARTMENT or of t he State of Washingto n , including , but not limited to , Workers '
Compensatio n covera ge, u ne mployment insurance benefits. social security benefits, retirement
me.mbership or c red it, or privilege or benef it which wo uld accrue to a civil service employee under
Chapter 41.06 RCW. It is understood that if the COUNTY is anot her state agency, the officers and
employees are employed by the State of Washington in thei r own right.
10) D ISCLOS URE: The use or disclosure by any party of any i nformation conce rning th e DEPARTMENT
for any purpose not directly connected with the admin istration of the DEPARTMENT's or the
COU NTY's responsibilities with respect to services pro vi ded under this Contract is prohibited except by
prior w ritten consent of the DEPARTMENT or as req ui red to comply with the Publi c Records Act or
court order.
11) DIS PUTES : Except as otherwise provided in this Contract, when a bona fide dispute arises between
th-e parties and it can n ot be resolved through discussi o n and negotiation, either party may request a
dispute hearing . The parties shall serect a dispute res o lution team to resolve the dispute. The te;:!m
shall cons ist of a representati ve appointed by the DEPART M ENT, a representative qppointed by th e
COUNTY, and a th ird party mutually agreed upon by both parties . The team shall, by majority vo"te ,
resolve the dispute, The parties agree that this dispute process sha ll be final and there .wm be no
appeal of the decision.
12) G OVERN ING LAW AND V E N UE : This Contract sha ll be governed by the laws of the State of
W as hington. In the event of a lawsuit in volving this Contract, venue ,sha ll be prope r onl y In Thurston
County. The COUNTY, by execution of this Con t ract , acknowledges the jurisdictio n of the courts' of
Washington in this matter.
E911 County EQUIPMENT Contract Page 8 of 16 Kittitas County, E16-216
13) HOLD HARMLESS: The COUNTY agrees to defend, hold harmless, and indemn ify the State of
Washington and the Military DEPARTMENT, their officers , agents, employees , and assigns agaInst any
and all damages or claims from damages resultI ng or allegedly re~ulting from the COUNTY's
performance or activities hereunder and that.of any sub~contractor hired by the COUNTY.
14) INDEMNIFICATION: To the extent permitted by applicable law, each party to th is' contract shall be
respoRs lble for Injury or death to persons and damage to property resulting from negligence on the 'part
of itself, its employees, agents, officers, or subcontractors . Neither party assumes any responsibility to
the other party for the consequences of any a-ot or omission of any third party.
15) INSURANCE, INDUSTRiAL COVERAGE: Prior to performing work under this contract , the COUNTY
shall provide industrial insurance coverage for the COUNTY's employees, as may be required by Title
51 RCW. The DEPARTMENT will not be responsible f or payment of industrial insurance premiums or
for any 'other claim or benefit for a consultant or any subcontractor or employee of the COUNTY, which
may arise during the performance of services under thIS contract. Before the start of any work required
by this Contract, the COUNTY shall deliver to the DEPARTMENT certificates of insurance reflecting
that the COUNTY has obtained all the insurance coverage required by this section .
16) INSURANCE,. GENERAL COVERAGE: The DEPARTMENT and its officers , employees , and agent s,
while acting in good faith within the scope of 'their official duties , are covered by t he State of
Washington Self-Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq .), and successful
claims against the DEPARTMENT and ;.ts employees , officers, and agents in the performance of their
official duties in good faith under thrs Contract will be paid from the tort claims liability account as
provided in ROW 4 .92.130. COUNTY hereby notifies the DEPARTMENT that as a County Government
of the St ate of' Washington and i n accordance with Wash i ngton law, COUNTY has full loss coverage for
itself, Its officers , employees and agents , through self insurance andlor the purchase of insurance .
Upon the DEPARTMENT's request, COUNTY will provide the DEPARTMENT with details of ifs self
insured retention , proof of its additional insurance, and all loss coverage . This program of self
insurance and/or purchased insu rance Ihcludes general liability, automobile liability, workers
compensation and employers' liability.
17) LEGAL RELATIONS: To the extent permitted by applicable law, each party to this contract shall be
responsible for injury or death to persons and damage to property resulting from negligence on the part
of itself, its employees , agents, officers , or subcontractors. Neither party assumes any responsibility to
the other part,y for the consequences of any act or omission of any third party.
18) LIMITATION OF AUTHORITY: "Authorized Signature" Only the assigned Authorized Signature for the
DEPARTMENT or the assigned delegate by writing (delegation to be made prior to action) shall have
the express, implied, or apparent authority to alter, amend, modify. or waive any clause or condition of
this contract. Furthermore , any alteration, amendment, modification , or waiver of arw clause or
cond ition of this contract is not effective or binding unless mad e in writing and signed by the authorized
person.
19) LOSS OF FUNDING: In the event funding from state or federal sources is withdrawn , reduced , or
limit ed in any way after the effective date of the Contract, the DEPARTMENT may suspend or
terminate the Contract without cause under the "Termination" clause and without the thirty (30) day
notice requirement.
20) NONASSIGNABILlTY: Neither this Contract, nor any claim arising under this Con tract ; nor the werk to
be provided under this Contract, and any cla im arising thereunder, shall be aSSigned or delegated by
either party in whole or in part, without the express prior written c.onsent of the other party , which
consent shall not be unreasonably withhel.d .
21) NONDISCRIMINATION: During the performance of this contract, the COUNTY shall comply with all
federal and state nondiscrimination statutes and regulations. These requirements include, but ate not
limited to :
E911 County EQUIPMENT Contract Page 9 of 16 Kittitas County, E16~216
a. Nondiscrimination in Employment: The COUNTY shall not discriminate against any employee or
applicant for employment because of race, color, sex, sexual orientation , religion. national orig in,
creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory,
mental , or physical handicap. This requirement does not apply, however, to a religious corporation,
association, educational Institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying Oli by such c::orporation } association ,
educational institution or society of its activities.
b. The COUNTY shall take action to ensure that employees are employed and treated during
employment without discrimination because of t heir race, color, sex, sexual orientation, religion,
national origin, creed, marital status, age, Vietnam era or disabled veterans status , or the presence
of any sensory, mental, or physical handicap. Such action shall include , but not be limited to , the
followihg : Employment, upgrading, demotion, or transfer, recruitment or rec::ruitment selection for
training inclt:Jdlng apprenticeships and volunteers.
22) RECAPTURE PROVISION: In the event the COUNTY fails to expend funds under this Contract in
accordance with applicable federal, state, and local laws and/or the provisions of the contract , the
DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of
non.compliance. Such right of recapture shall exist for the life of the project following Contract
termination. Repayment by the COUNTY of funds under this recapture provision shall occur within
thirty (30) days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture
provision, the DEPARTMENT shall be entit led to its costs thereof, inclUding attorney fees.
23) RECORDS, MONITORING' AND AUDIT ACCESS:
a , The COUNTY shall perform under the terms of the Contract and the DEPARTMENT may conduct
reasonable and necessary monitoring of the COUNTY's performance.
b. To permit such monitoring, the COUNTY shall maintain books, records , documents, and other
evidence and accounting procedures and practices that sufficiently and properly, eflect all direct
and indirect costs of any nature expended in th~ performance of this Contract. These records shall
be subject at all reasonable times to inspection, review, o(audit by personnel duly authorized by the
DEPARTMENT, the Offie.e of the State Auditor, and federal offioials so authorized by law, rule,
regulation, or agreement.
c. The COUNTY will retain all books , records , documents, and other materials relevant to this
.contract: for six (6) Y,ears from the date final payment is made l1 'ereunder, and make them available
for inspection by persons authorized under this provision.
d. The DEPARTMENT or 'the State Auditor or any of their representatives and federal officials so
authorized by law, rule, regulation, or agreement shall have full access to and the right to examine
during no rmal business hours and as often as the DEPARTMENT or the State Auditor may deem
necessary, all of the COUNTY's records with respect to all matters covered in this Contract. Such
rights last for six (6) years from the date final payment is made hereunder.
e. The' COUNTY shall cooperate with and freely participate in any monitoring, audit or evaluation
activities conducted by the DEPARTMENT that are pertinent to the intent of this Contract.
24) SEVERABILITY: If any provision of this Contract or any prOVision of any document incorporated by
reference shall be heldinv~lid, such invalidity shall not affect the other provisions of this Contract which
can be given effeqt without the invalid provision, and to this end the provisions of this Contract are
declared to be severable.
25) SUB-CONTRACTING: The COUNTY shall comply with all applicable procurement laws, rules and
requirements. This will include the use of a competitive procurement process in the award of any
contracts with sub-contra~ors that are entered Into under this Contract. All sub-contracting
agreements entered into pursuant to this contract shall incorporate this contract by reference.
E911 County EQUIPMENT Contract Page 10 of16 Kittitas County, E16-216
26) TERMINATION:
a. If, through any cause, the COUNTY or its sub~contractors shall fall to fulfill in a timely and proper
manner its obligations under this Contract or if the COUNTY or its sub-contractors shall violate any
of its covenants, agreements, or st ipulations of this Contract, the DEPARTMENT shall thereupon
have the right to terminate this Contract and withhold the remaining allocation if such default or
v iolation is not corrected within thirty (30) days after submitting written notice to the COUNTY
describin g such default or violation.
b. Notwithstanding any provisions of this Contract, either party may terminate this Contract without
aause by. providing written notice of such termination, specifying the effective date thereof, at least
thirty (30) days prior to such date. If this Contract is so terminated, the DEPARTMENT shall be
liable only fo r payment required under the terms of this Contract for services rendered or goods
delivered prior to the effective date of termination. Upon notice Clf such termination, the
DEPARTMENT reserves the right to suspend all or part of the Contract, withhold further payments,
and prohibit the COUNTY from inourring additional obligations of funds .
c. Reimbursement for eligible expenses incurred by the COUNTY prior to the effective date of such
termination shall be as the DEPARTMENT reasonably determines."
d. The DEPARTMENT may unilaterally terminate or suspend all or part of this Contract without cause,
or may reduce its seop'a of work and budget, if there is a reduction in funds by the so urce of those
funds, and if such funds are the basis for this Contract.
27) TRAVEL AND SUBSISTENCE REIMBURSEMENT: If reimbursement of travel or subsistence
expenses are included as part of this Contract, they shall be paid in accordance with rates set pursuant
to RCW 43.03.050. and RCW 43 .03 .060 as now "existing or amended. The COUNTY is required to
provide to the DEPARTMENT copies of receipts for any travel related expenses other than meals and
mileage that are authorized under t his Contract.
28) TREATMENT OF ASSETS: Upon successful completion of the terms of this contra ct, all assets,
incluGling equipment, purchased through this contract will be awned by the COUNTY unless otherwise
specified by the fundi ng source. The COUNTY shall be responsible for any and all operation and
maintenance expenses and for the safe operation of said eqU ipme nt including all questions of liability.
29) WAIVER OF DEFAULT: Waiver of any default shall not be deemed to be a waiver of any subsequent
default. Waiver of breach of any provision of the Contract shalt not be deemed to be a waiver of any
other or subsequent breach and shall not ,be construed to be a modification of the terms of the Contract
unless stated to be such in writing, signed by the Director or Contracts Administrator and attached to
the original Contract.
E911 County EQUIPMENT Contract Page 11 of16 Kittitas County, E16-216
ATTACHMENT B
STATEMENT OF WORK
E911 COUNTY EQUIPMENT CONTRACT· FY2016/17
July 1, 2015 -June 30, 2017
BASIC LEVEL OF OPERATING SERVICES
• Maintenance Deliverables
o The county will maintain the equipment per manufacturer's recommendations
o County will complete and return to the department the equipment maintenance certification log
(See Attachment E)
EQUIPMENT
• Equipment purchases are limited to eligible expenses outlined in WAC 118-66-050 and in accordance
with Budget Sheet (Attachment D)
• Capital equipment purchases must be pre-approved by the SECO
E911 County EQUIPMENT Contract Page 12 of 16 Kittitas County, E16-216
S1
S1.2
S1 .3
S2
S3
S3 .2
S3.3
S3.4
81
81.2
82
ATTACHMENT C
STATE REIMBURSEMENT SCHEDULE
E911 COUNTY EQUIPMENT CONTRACT· FY2016/17
July 1,2015 -June 30, 2017
CAPITALIEQUIPMENT SECTION
(for more details about eligible equipment refer to the Capital Equipment Support Policy
ALL equipment purchases MUST BE PRE-APPROVED BY THE SEeo IT STAFF.)
ELIGIBLE ITEM STATE REIMBURSEMENT
Customer Premise Purchase or lease and installation of the hardware and software
Equipment (CPE) components required to support a CPE! Telephone system including
spares kit that are compliant or compatible with future Next Generation /Telephone System Technology requirements .
CPE CPU Replacement of ePE system Central Processing Units (CPU) at the call
receiver work station based on a five-year life cycle .
CPE Server Repl acement of CPE syste m call pro cessing server at the backroom
CP E, based on a fiv e -year life cycle.
ANI/All Display Re placement of ANI/All dis play eq uip ment. Capped at $500 per
Equipment a p p rove d PSAP call recei vin g position , based on a five-year life cycle.
Hardware and software capable of converting latitude and longitude (and,
PSAP Mapping when available , altitude) to a map display at the 911 ca ll answering
positions at the PSAP. Can be part of CPE, Computer Aided Dispatch
(CAD) or standalone system, but only eligible under one category.
Migration to new A one-time purchase of a required m ig ration to new mapping platform or mapping software is capped at $15,000 per PS AP. platform/software
PSAP Mapping CPU Rep la cement of PSAP Mapping sys tem Central Proce ssing Units (CPU)
at t he call receiv er work st ation b as e d on a five-year life cycle.
PSAP Mapping Fo r t he mapping ,ad m inistrator to man ipul ate the m appin g data prior to
Server movem ent to the mapping system, ba sed on a five -year life cycle.
Uninterruptible Purchase or lease and installation of the hardware and software
components required to support PSAP WAC eligible eqUipment which Power Supply (UPSt should provide a minimum of 30 minutes of operations .
UPS Battery Replacement of batteries to include an entire battery bank. Replacement
Route Diversity A method of assuring continuity of service by using multiple geo-diverse
between Serving End transmission routes to deliver 9-1-1 calls from a serving end office to the
Office and PSAP PSAP.
E911 County EQUIPMENT Contract Page 13 of 16 Kittitas County, E16-216
E911 GIS Hardware, software, and services used by the E911 MSAG/Mapping/GIS
87.1 Modemization Coordinator to create, edit and maintain GIS Data used In call routing
and synchronization of ALI to GIS data. Calculated at $10,000 (per fiscal
year).
Equipment that records E911 call conversations for immediate playback
88 Instant Call Check on demand. One per approved PSAP call receiving pOSition , telephone
only (Le. no radio) may be part of CPE system.
Mapping Display Equipment capable of displaying E911 calliocatlons on a map. Capped
89 at $500 per approved PSAP call receiving position. based on five-year Equipment life cycle.
E911 Management Equipment that collects, stores, and collates E911 call data into reports 810 Information Systems and statistics. (MIS)
811 Call Detail Recorder Purchase or lease and installation of the hardware and software
or Printer components required to support the call detail recorder or printer.
Logging Recorder for Purchase or lease and installation of the hardware and software
C1 components required for basic logging/voice recorder as defined in E911 Calls NENA's recommended standards.
Computer-Aided Purchase or lease and installation of the hardware and software basic
C2 Dispatch (CAD) components. At a minimum shall consist of hardware, call entry module,
System Hardware Teletype interface and ANI/ALI controllers. CAD could also include PSAP
and Software Mapping.
C2.2 CAD Interfaces Interfaces to police , fire, and emergency medical dispatch call processing
modules are eligible and limited to a one-time purchase up to $30,000.
C2.3 CAD CPU Replacement of CAD CPU at the PSAP call receiver work station based
on a five-year life cycle.
C2.4 CAD Server Replacement of CAD call processing server, based on a five-year life
cycle.
C2.5 CAD Display Replacement of display equipment is capped at $1,000 per approved
Equipment PSAP call receiving position, based on a five-year life cycle.
Purchase or lease and installation of an auxiliary generator to support
C3 Auxiliary Generator E911 telephone services for backup purposes. Shall not exceed $40,000
and the expense must be pro-rated if used for other than PSAP
operations.
Purchase or lease and installation of the hardware and software
components required for a basic clock synchronizer as recommended by
C4 Clock Synchronizer NENA requ irements to include the necessary modules purchased at the
same time to i ntegrate the master clock signaling to the PSAP's
electronic system.
Purchase of console furniture for 911 call receiving equipment is capped
C5 Console Furniture at $15,000 per approved call receiving position with a ten-year life cycle.
Provided that the SECO may authorize exceeding the cap if market
evidence indicates the current cap is not sufficient.
E911 County EQUIPMENT Contract Page 14 of16 Kittitas County, E16-216
ATTACHMENT D
BUDGET SHEET
E911 COUNTY EQUIPMENT CONTRACT -FY2016/17
July 1, 2015 -June 30, 2017
SFY2016/17
Capital Equipment $ 468 ,984
TOTAL CONTRACT NOT TO EXCEED $ 468 ,984
E911 County EQUIPMENT Contract Page 15 of16 Kittitas County, E16-216
ATTACHMENT E
EQUIPMENT MAINTENANCE CERTIFICATION LOG
E911 COUNTY EQUIPMENT CONTRACT -FY2016/17
July 1, 2015 -June 30, 2017
KfTTITAS County certifies that all maintenance has been sch ed uled and com pleted on an annual basis for the
followin e ui ment
Equipment Vendor!
Inhouse
bc+h
~, UOkYlUJoAAV\r ,DI-fDro...-
S I re (name and ti t le) I
E911 County EQUIPMENT Contract Page 16 of 16
Vendor Name
Kittitas County, E16-216
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
CAMP MURRAY, WASHINGTON 98430-5122
NEW FORM WILL REPLACE PREVIOUS FORMS
NAME OF ORGANIZATION
Kittitas County
PROJECT DESCRIPTION
FY16/17 E911 County Equipment Contract
11. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME
r-......~---....,..,.rme O'Brien
DATE SUBMITTED
6/21/2016
CONTRACT NUMBER
E16-216
TITLE/TERM OF OFFICE
Chairman Board of Co
Commissioners
01-2015/12-31-2018
Vice-Chaiman Board of Co
01 -
Commissoners 01-
12. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME
\
Obie O'Brien
Jewell
13 . AUTHORIZED TO SIG N REQ UESTS FOR REIMBURSEMENT (A-19)
01-2013/12-31-2016
TITLE/TERM OF OFFICE
Chairman Board of Co
Commissioners
01-2015/12-31-2018
Vice-Chaiman Board of Co
Commissoners
01-2013/12-31-2016
01-
01-
SIGNAT URE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Darlene Mainwarin
Jud Pless
Please com · te fo rm with any new contract or any time personnel changes.
Submit one original to State E911 Office
Director, Kittcom
Bud et and Finance Mana er