HomeMy WebLinkAboutSECO County Equipment Contract SFY 20222023SECO COUNTY Equipment Gontract SFY 2022123
CONTRACT FACE SHEET
f{HCEIVED
/\u6 0 3 2022
1. Contractor Name and Address:
Kittitas County Agency (COUNTY)
700 Elmview Road
Ellensburq, Washinqton 98926
2. Contract Amount:
$130,461
3. CcinlrACt NulhUef ,">
E22-304
4. Contractor's Contact Person, phone number:
George Long / 509.925.8534
long@kittcom.org
5. Contract Start Date
July 1,2021
6. Contract End Date
August 15,2023
7. MD Program Manager/phone number:
Teresa Lewis/253.5 12.7 481
teresa. lewis@mi l.wa. g ov
8. Unique Entity ldentifier Number (UEl #)
WQ23XPBSAU44
9. UBI # (state revenue)
192-002-673
10. Funding Authority: Washington State Military Department and State 911 Funds
1 1. Funding Source Agreement #:
RCW 38.52.510, .540, .545
WAG Chapter 118-66
12. Program lndex# & Obj/SubObj:
79282 I NZ
13.CFDA#&Title
NA
14. TIN or SSN:
91-6001349
15. Service Districts:
(BY LEGTSLATTVE DrST):
(BY CONGRESSIONAL DIST):
13th
gth
16. Service Area by County(ies)
Kittitas Gounty
1 7. Women/Minority-Owned, Statecertified?nNiAnNotr
YES, OMWBE #
Personal Services
Collaborative Research
Client Services
A/E
Public/Local Gov't
Other
nn ntr XI
1 8. Contract Classification 19. Contract Type (check all that apply):
I Contract ! Grant I Agreement
n lntergovernmental (RCW 39.34) n lnteraqencv
20. Contractor Selection Process:
X "fo allwho apply & qualifu"
n Sole Source
n Advertised? n YES X NO
n Competitive BiddingI rue ncw n N/A
nn
21. Contractor Type (check all that apply):
Private Organization/lndividual
Public Organization/Jurisdiction
VENDOR l-l SUgReCtPtef.{r
nX.t
For-Profit
Non-Profit
OTHERR
22. BRIEF DESCRIPTION:
fhts rs a reimbursement contract. Reimbursement is limited to the maximum equipment contract amount,
seryrces, and other listed budget categories on an actual cosf baslb for certain eligible, approved, and incurred
equipment expenses as descnbed in WAC 118-66 and the Washington State Military Department
(DEPARTMENT) State 911 Coordination Office (SECO) policies, incorporated herein by reference in the
amounts described in the Budset Sheef (Attachment H.
lN WITNESS THEREOF, the DEPARTMENT and COUNTY (Parties) have executed this Contract on the day and year last
specified below. This Contract Face Sheet, Special Terms and Conditions (Attachment A), General Terms & Conditions
(Attachment B), Statement of Work (Attachment C), SECO Equipment Contract Reimbursement Schedule (Attachment D),
Budget Sheet (Attachment E), and the Equipment Maintenance Certification Log (Attachment F) govern the rights and
obligations of the Parties to this Contract.
ln the event of an inconsistency in this Contract, unless othenruise provided herein, the inconsistency shall be resolved by
giving precedence in the following order:(a) Applicable State Statutes and Regulations(b) Statement of Work(c) SpecialTerms and Conditions(d) GeneralTerms and Gonditions, and(e) Any other provisions of the Gontract incorporated by reference.
This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otheruvise,
regarding the subject matter of this Contract shall be deemed to exist or to bind any of the Parties hereto.
WHEREAS, the Parties hereto have executed this Contract on the day and year last specified below
re Date
4 Ctu I /rlwzz
FOR THE DEPARTMENT:COUNTY
Laura Osiadacz, Chair
Kittitas County Board of Commissioners
Signature Date
Regan Anne Hesse, Chief Financial Officer
Washington State Military Department
APPROVED AS TO FORM
Dierk Meierbachtol (signature on file) 311412022
Assistant Attorney General
SECO County EQUIPMENT Contract Page 1 of 16 KITTITAS COUNTY, E22-304
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ATTACHMENT A
SPECIAL TERMS AND CONDITIONS
INTRODUCTION:
The DEPARTMENT through the State 911 Coordination Office (SECO) coordinates and facilitates the
implementation and operation of 91 1 emergency communications throughout the state. lt is authorized to
enter into agreements for statewide services and to reimburse the COUNTY for eligible expenses from
appropriated excise tax revenue retained in the state 911 Account.
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:
Name George Long Name Teresa Lewis
Title Director / 91 1 Coordinator Title SECO County Assistance Program
Manager
E-Mail long@kittcom.org E-Mail teresa. lewis@mil.wa. gov
Phone 509.925.8534 Phone 253.512.7481
III. ADMINISTRATIVE REQUIREMENTS:
The Parties shall use the following to determine allowable cost principles: State Office of Financial
Management (OFM) Regulations-State Administrative and Accounting Manual (SAAM) and the Local
Government Budget and Accounting Reporting System (BARS).
IV. ELIGIBLE EXPENSES AND PRIORITIES ESTABLISHED BY THE LEGISLATURE:
Priorities for expenditure of state 911 funds have been established by both the state legislature and the
DEPARTMENT:
A. RCW 38.52.540(1) provides that funds from the state E91 1 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 operational
costs of the system, including adequate funding of counties to enable implementation of wireless
enhanced 911 service and reimbursement of radio communications service 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";
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 specifo by
rule the additional purposes for which moneys, if available, may be expended from this account";
C. RCW 38.52.545 provides that "ln specifoing rules defining the purposes for which available state
enhanced 911 may be expended, the state enhanced 91 1 coordinator, with the advice and assistance
of the enhanced 911 advisory 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 can achieve a basic
service level for 911 operations; and (3) To assist counties as practicable to acquire items of a capital
nature appropriate to modernize 911 systems and increase g1 1 effectiveness";
D. WAC 118-66-020 reiterates the E911 funding purposes and priorities established by the legislature;
E. WAC 1 18-66-040 describes County eligibility for funding; and
F. WAC 1 18-66-045 describes WSP eligibility for funding; and
SECO County EQUIPMENT Contract Page 2 of 16 KITTITAS COUNTY, E22-304
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G. WAC 118-66-050 lists expenses that "may be eligible for reimbursement based on a reasonable
prioritization by the state 911 coordinator" and "in accordance with the purposes and priorities
established by statute and regulation".
THE PARTIES AGREE THAT THE FOLLOWNG ELIGIBLE EXPENSES AND PRIORITIES ARE
ESTABLISHED IN CONTMCT:
A. Consistent with the statutes and regulations cited herein, this Contract allows reimbursement solely
for certain approved eligible expenses described in WAC 1 18-66 incurred by the COUNTY, in support
of 911 calls originating in the county, including eligible expenses in the following prioritization: (1) 911
statewide dialing; (2) 911 basic service; and (3) capital items. Payment for 911 statewide dialing will
be made, contingent upon available funding, only for eligible approved expenses identified in RCW
38.52.545 and WAC 118-66. ln the event of the unavailability or loss of state funding, responsibility
for the continued operation of the statewide 911 network, and all related costs, will be transferred to
the individual counties, on a pro rata basis. This Contract contains one category of eligible expenses:
1, Equipment expenses are only reimbursed pursuant to this Contract. Equipment expenses consist
of statewide dialing, basic service, and capital items listed in WAC 118-66 and defined in the
SECO Policies and set out in Section Vll D of this Contract. Equipment funding is only available
when the COUNTY has:
a. lmposed the maximum county enhanced 911 tax allowed under RCW 82.148.030(1) and
RCW 82.148.030(2); and
b. Expended its local revenue on eligible 911 expenses and needs additional reimbursement
assistance to meet its eligible operational expenses; and
c. Eligible enhanced 91 1 expenses as described in WAC 1 18-66-040; and
d. A 911 system that is completely enhanced for wireline and wireless 91 1 services.
B. Expenses.
1. General Reimbursement Requirements for COUNTY:
a. Contingent upon funding availability, reimbursement will be made only for eligible approved
expenses identified in RCW 38.52.545 and WAC 118-66;
b. Approved eligible expenses will be reimbursed at amounts not to exceed limits established in
SECO Policy as provided in Section Vll D of this Contract;
c. ln the event funding will not cover all contract eligible amoLrnts, individual line items will be
funded in full or not at all;
d. Funding is for primary Public Safety Answering Points (PSAP) only, unless otherwise
specified in applicable DEPARTMENT policy as provided in Section Vll D of this Contract;
2. lneligible ltems:
Expenses not listed in WAC 118-66-050(1), (2) and/or (3), and not directly associated with the
equipment of the 911 System, are not eligible for state financial assistance or reimbursement
under this Contract.
3. Expense Documentation and Approval.
a. COUNTY must submit documentation of eligible expenses to the DEPARTMENT, including
identification of vendor, warrant number, date, and applicable 911 eligible expense
categorization as set out in Section Vll E below;
b. COUNTY must submit eligible Expense Reports and/or requests for reimbursement (including
additional hard copy documentation required by an "Action Plan" due to audit findings), so
they are received by the DEPARTMENT by the last day following the month in which payment
was made;
c. Expenses contained in Expense Reports not submitted by the last day following payment,
including additional hard copy documentation as required by "Action Plans", will not be
reimbursed;
SECO County EQUIPMENT Contract Page 3 of 16 KITTITAS COUNTY, E22-304
VI
vlr
d. Expense Reports will be processed in the order received by the DEPARTMENT;
e. The DEPARTMENT may request additional documentation and/or information from the
COUNTY pertaining to reimbursement requests, and any delay in providing the requested
information may result in delay in reimbursement or reduced reimbursement;
f. Prior to purchasing or leasing any equipment or software, COUNry 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.
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, 2021, and June 30, 2023 (the
Performance Period). Work started priorto July 1,2021, and/or not complete by June 30,2023, 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 incurred.
THE COUNTY AGREES TO:
A. Local Funding: The COUNTY warrants that it has authorized collection of the local 911 excise tax
authorized under RCW 82.148.030(1), RCW 82.148.030(2) and/or RCW 82.148.030(3) and that
these funds are being used for wireline and/or wireless eligible expenses listed in WAC 118-66 to
operate the 911 system in the county. Consistent with RCW 38.52.540(2), the COUNTY will not
request, receive, or expend funds under this Contract for wireline and wireless eligible expenses if it
has not imposed the maximum county 911 tax allowed under RCW 82.148.030(1) for switched
access lines. The COUNW further warrants that it will not request, receive, or expend funds under
this Contract for wireless eligible expenses if it has not imposed the maximum county 911 tax
allowed under RCW 82.148.030(2) for radio access lines.
B. Use of Funding: The COUNTY warrants that the funds provided by the DEPARTMENT, as
described in the Budget attached as Attachment E, shall be used by the COUNTY solely for
reimbursement of those approved incurred eligible expenses as described in WAC 118-66 and the
SECO policies incorporated herein that are necessary to operate 911 countywide. Reimbursement
shall be made consistent with SECO policies, as set out in Section Vll D of this Contract, for
approved expenses described in WAC 118-66 that are incurred during the Performance Period.
C. Gonsolidation: lf the COUNTY receives funds under this Contract in support of a consolidated
Primary Public Safety Answering Point (PSAP), the COUNTY warrants to maintain and operate the
consolidated 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 requires the COUNTY to repay all funds and
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 911 calltaking and call transfer activities in that county. The consolidated PSAP
may also be engaged in, pursuant to interlocal 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. SECO 911 Policies: The COUNTY agrees to abide by all of the following SECO Policies, as written
and/or amended, available at the SECO Laws and Requlations website and incorporated by
reference:
. SECO CountyMSP Communications Equipment ContracUFederalGrant Policy (PDF);. SECO Statewide Services Support Policy (PDF);. SECO Salaries and Benefits Summary (PDF).
E. Reimbursement Requests and Reporting Requirements: Not more often than monthly, the
COUNTY shall submit invoice vouchers (Form A-19) to the DEPARTMENT requesting
reimbursement for expenses. The COUNTY agrees to use forms and/or systems provided by the
DEPARTMENT for necessary reports.
ln 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:
SECO County EQUIPMENT Contract Page 4 of 16 KITTITAS COU NTY, E22-304
Financial Reports
Expense Reports
#/Copies Completion Date
No later than 30 days following the
end of the month
January 31, of each year
Required quarterly (every three months)
1
1
4t8
Mid-Year Budget Review
SECO Equipment Grant - Quarterly
Progress Report
Fi nal Reim bursement Request 1 July 31,2023
All contract work must not start prior to July 1 ,2021, and must be delivered, installed, completed,
and accepted by June 30, 2023. The COUNTY may submit the final report by July 31,2023, as
described above. Final billing not received by July 31,2023, will not be processed.
F. Reallocation of Funds: The COUNTY is allowed to reallocate funds within the equipment category as
needed. 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 paragraph will not be reimbursed.
G. Compliance with Law: The COUNTY will comply with all state and federal laws applicable to
counties.
H. Equipment Management: All equipment purchased under this Contract by the COUNTY will be
recorded and maintained in the COUNTY's equipment inventory system.
1. AII equipment purchases reimbursed through this Contract will be owned by and will be the sole
responsibility of the COUNTY.
2. The COUNTY shall be responsible for any and all operational and maintenance expenses and for
the safe operation of its equipment, including any and all liability rising for the equipment's use.
The COUNTY shall develop an appropriate maintenance schedule and procedure to ensure the
equipment is well maintained and kept in good operating condition, for the purpose of reducing
the need for future reimbursements from the state 911 Account.
3. The COUNTY shall maintain equipment records that include the following: a description of the
property; the manufacturer's serial number, model number, or other identification number; the
source of the equipment; the property's title holder; the acquisition date; the cost of the
equipment; the location, use, and condition of the equipment at the date the information was
reported; and disposition data, including the date of disposaland sale price of the property.
4. Records for equipment shall be retained by the COUNTY for a period of six years from the date of
the equipment's disposition, replacement, or transfer. lf any litigation, claim, or audit commences
before the expiration of the six-year period, the records shall be retained by the COUNTY until all
litigation, claims, or audit findings involving the records have been resolved.
5. The COUNW 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 investigated 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 continued need for the
equipment by the COUNTY.
6. The COUNW 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
generated and sent to the DEPARTMENT.
l. Responsibility for ProjecUStatement of WorUWork Plan: While the DEPARTMENT undertakes
to assist the COUNTY with the project/statement of worUwork plan (project) by providing state
excise tax funds pursuant to this Contract, the project itself remains the sole responsibility of the
COUNTY. The DEPARTMENT accepts no responsibility to the COUNW, 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 this project, is solely that of the
SECO County EQUIPMENT Contract Page 5 of 16 KITTITAS COUNTY, E22-304
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, which may
be brought against the COUNTY in connection with this Contract. 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, and/or maintenance of a project.
VIII. THE MILITARY DEPARTMENT AGREES TO:
A. Within thirty (30) days of receipt and approval of signed, dated invoice vouchers (state form A-19),
and upon satisfactory completion of tasks and documentation of costs as required under this
Contract, the DEPARTMENT will reimburse the COUNTY up to the maximum of $130,461, or actual
cost, whichever is lower, pursuant to the schedule set out in the SECO County Communications
Equipment Contract Reimbursement Schedule (Attachment D) and as authorized by this Contract
and WAC 118-66.
B. lf a question arises about the requested reimbursement, the COUNTY will be notified via e-mail
and/or telephone call and will have five (5) working days to provide the requested information. lf
information satisfactory to the DEPARTMENT has not been provided within that time, the expense in
question will be subtracted and the balance of approved eligible incurred expenses will be processed
for reimbursement.
C. Conditioned upon the COUNTY's fulfillment of its obligations under this Contract, the DEPARTMENT
will provide ESlNet services to the COUNry within available funds.
SECO County EQUIPMENT Contract Page 6 of 16 KITTITAS COU NTY, E22-304
ATTACHMENT B
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 (VlAID), or any of the
officers or other officers laMully representing that DEPARTMENT and includes the State 911
Coordination Office (SECO).
b. 'COUNTY/WSP" shall mean the named county or the Washington State Patrol Communications
Division performing services under this Contract or grant. lt shall include any subcontractor retained
by the COUNTY //SP as permitted under the terms of this Contract.
c. "Subcontracto/'shall mean one, not in the employment of the COUNTYA/VSP, who is performing
all or part of those services under this Contract under a separate contract with the COUNryA/VSP.
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.
ACCESS TO PUBLIC RECORDS:2)
3)
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 government or the performance of any governmental or proprietary 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 under the Contract.
Therefore, all such data will be provided at no additional expense. For the purposes of this
requirement, "data" includes all information that supports the findings, conclusions, and
recommendations of the contractor's reports, including computer models and methodology for those
models.
ADVANCE PAYMENTS PROHIBITED: No payments in advance or in anticipation of services or
supplies to be provided under this Contract shall be made by the DEPARTMENT.
4)AMERICANS WITH DISABIL ITIES ACT (ADAI OF {990. PUBLIC LAW 101.336-42 U.S.C. 12101 et
5)
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 the areas of employment, public accommodations, state and local government services,
and telecommunication.
ATTORNEY'S FEES: Except as provided in the section entitled "Recapture Provisions", in the event of
litigation 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.
COMPLIANCE WITH APPLICABLE STATUTES. RULES AND DEPARTMENT POLICIES: ThC
COUNry shall comply with, and the DEPARTMENT is not responsible 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 laws
6)
SECO County EQUIPMENT Contract Page 7 of 16 KITTITAS COUNTY, E22.304
7)
and policies; Covenant Against Contingent Fees (e.9., Federal Acquisition Regulation 48 CFR Sec.
52.203-5); Public Disclosure (RCW 42.56); and safety and health regulations. ln 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 Contract in whole or in part in its sole
discretion. The COUNTY is responsible for all costs or liability arising from its failure to comply with
applicable law, regulation, executive order, or policy.
CONTRACT MODIFIGATIONS: The Parties may, from time to time, request changes to the Contract.
All mutually agreed changes shall be incorporated by written amendment. No alteration or variation of
the terms of this Contract shall be valid unless made in writing and signed by the Parties and any oral
understanding or agreements shall not be binding.,
8)COUNTY NOT EMP OF DEPARTMENT The COUNTY, and/or employees, subcontractors or
agents performing under this Contract, are not employees or agents of the DEPARTMENT in any
manner whatsoever. The COUNTY will not be presented as nor claim to be an officer or employee of
the DEPARTMENT or of the State of Washington for any reason, nor will the COUNTY make any claim,
demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the
DEPARTMENT or of the State of Washington, including, but not limited to, Workers' Compensation
coverage, unemployment insurance benefits, social security benefits, retirement membership or credit,
or privilege or benefit which would accrue to a civil service employee under RCW 41.06. lt is
understood that if the COUNTY is another state agency, the officers and employees are employed by
the State of Washington in their own right.
9) DISCLOSURE: The use or disclosure by any Party of any information concerning the DEPARTMENT,
or its ESlNet provider, for any purpose not directly connected with the administration of the
DEPARTMENT's or the COUNTY's responsibilities with respect to services provided under this
Contract is prohibited except by prior written consent of the DEPARTMENT or as required to comply
with RCW 42.56, the Public Records Act, or a court order. Disclosure of any information concerning the
ESlNet is controlled by the Non-Disclosure Agreement between the Parties
10) DISPUTES: Except as otherwise provided in this Contract, when a bona fide dispute arises between
the Parties and it cannot be resolved through discussion and negotiation, either party may request a
dispute hearing. The Parties shall select a dispute resolution team to resolve the dispute. The team
shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the
COUNry, and a third party mutually agreed upon by both Parties. The team shall, by majority vote,
resolve the dispute. The Parties agree that this dispute process shall be final and there will be no
appeal of the decision.
11) GOVERNING LAW AND VENUE: This Contract shall be governed by the laws of the State of
Washington. ln the event of a lawsuit involving this Contract, venue shall be proper only in Thurston
County. The COUNW, by execution of this Contract, acknowledges the jurisdiction of the courts of
Washington in this matter.
12)HOLD HARMLESS: The COUNTY agrees to defend, hold harmless, and indemnify the State of
Washington and the DEPARTMENT, their officers, agents, employees, and assigns against any and all
damages or claims from damages resulting or allegedly resulting from the COUNTY's performance or
activities hereunder, including the performance of any subcontracto(s).
13) INSURANCE. INDUSTRIAL GOVERAGE: Prior to performing work under this Contract, the COUNW
shall provide industrial insurance coverage for the COUNTY's employees, as may be required by Title
51 RCW. The DEPARTMENT will not be responsible for payment of industrial insurance premiums or
for any other claim or benefit for a consultant or any subcontractor or employee of the COUNry, 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 allthe insurance coverage required by this section.
14) INSURANCE. GENERAL COVERAGE: The DEPARTMENT and its officers, employees, and agents,
while acting in good faith within the scope of their official duties, are covered by the State of
Washington Self-lnsurance Program and the Tort Claims Act (RCW 4.92.060 et seq.), and successful
claims against the DEPARTMENT and its employees, officers, and agents in the performance of their
official duties in good faith under this Contract will be paid from the tort claims liability account as
SECO County EQUIPMENT Contract Page 8 of 16 KITTITAS COUNTY, E22-304
provided in RCW 4.92.130. COUNry hereby notifies the DEPARTMENT that as a County Government
of the State of Washington and in accordance with Washington law, COUNTY has full loss coverage for
itself, its officers, employees, and agents, through self insurance and/or the purchase of insurance.
Upon the DEPARTMENT's request, COUNTY will provide the DEPARTMENT with details of its self-
insured retention, proof of its additional insurance, and all loss coverage. This program of self-
insurance and/or purchased insurance includes general liability, automobile liability, workers
compensation and employers' liability.
15)LEGAL R TIONS: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, contractors, or subcontractors. Neither party assumes any
responsibility to the other party for the consequences of any act or omission of any third party.
16) LIABILITY: 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, contractors, or subcontractors. Neither party assumes any responsibility to
the other party for the consequences of any act or omission of any third party.
17) LIMITATION OF AUTHORITY: Only the assigned Authorized Signature for the DEPARTMENT or an
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 any clause or condition of this
Contract is not effective or binding unless made in writing and signed by the authorized person.
18) LOSS OF FUNDING: ln the event funding from state or federal sources is withdrawn, reduced, or
limited in any way after the effective date of the Contract, the DEPARTMENT may suspend or
terminate or renegotiate the Contract without cause under the "Termination" clause and without the
thirty (30) day notice requirement.
19) NONASSIGNABILITY: Neither this Contract, nor any claim arising under this Contract, nor the work to
be provided under this Contract, and any claim arising thereunder, shall be assigned, or delegated by
either party in whole or in part, without the express prior written consent of the other party, which
consent shall not be unreasonably withheld.
20) NONDISCRIMINATION: During the performance of this Contract, the COUNry shall comply with all
federal and state nondiscrimination statutes and regulations. These requirements include, but are not
limited to:
a. Nondiscrimination in Employment: The COUNTY shall not discriminate against any employee or
applicant for employment because of race, creed, color, national origin, citizenship or immigration
status, families with children, sex, marital status, sexual orientation, age, honorably discharged
veteran or military status, or the presence of any sensory, mental, or physical disability or the use of
a trained dog guide or service animal by a person with a disability. 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 on
by such corporation, 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 their race, creed, color, national origin, citizenship or
immigration status, families with children, sex, marital status, sexual orientation, age, honorably
discharged veteran or military status, or the presence of any sensory, mental, or physical disability
or the use of a trained dog guide or service animal by a person with a disability. Such action shall
include, but not be limited to, the following: Employment, upgrading, demotion, or transfer,
recruitment, or recruitment selection for training, including apprenticeships and volunteers.
21)RECAPTURE PROVISION: ln 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
noncompliance. 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.
SECO County EQUIPMENT Contract Page 9 of 16 KITTITAS COUNTY, E22-304
ln the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture
provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees from the
Contractor.
22) RECORDS. MONTTORTNG AND AUDTT AGGESS:
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 reflect all direct
and indirect costs of any nature expended in the performance of this Contract. These records shall
be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the
DEPARTMENT, the Office of the State Auditor, and federal officials so authorized by law, rule,
regulation, or agreement.
c. The COUNW will retain all books, records, documents, and other materials relevant to this
Contract for six (6) years from the date final payment is made hereunder 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 normal 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.
23)SEVERABILITY: lf a ny provision of this Contract or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract which
can be given effect without the invalid provision, and to this end the provisions of this Contract are
declared to be severable.
24) 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 its contractors and sub-contractors that are entered into under this Contract. All contracts
and sub-contracting agreements, entered into, pursuant to this Contract shall incorporate this Contract
by reference.
25) TERMTNATTON:
a. lf, through any cause, the COUNW or its contractors or sub-contractors shall fail 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 stipulations of this Contract, the DEPARTMENT shall
thereupon have the right to terminate this Contract and withhold the remaining allocation if such
default or violation is not corrected within thirty (30) days after submitting written notice to the
COUNTY describing such default or violation.
b. Notwithstanding any provisions of this Contract, either party may terminate this Contract without
cause by providing written notice of such termination, speciffing the effective date thereof, at least
thirty (30) days prior to such date. lf this Contract is so terminated, the DEPARTMENT shall be
liable only for payment required under the terms of this Contract for services rendered or goods
delivered prior to the effective date of termination. Upon notice of such termination, the
DEPARTMENT reserves the right to suspend all or part of the Contract, withhold further payments,
and prohibit the COUNTY from incurring additional obligations of funds.
SECO County EQUIPMENT Contract Page 10 of 16 KITTITAS COUNTY, E22-304
c. Reimbursement for eligible expenses incurred by the COUNry 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 scope of work and budget, if there is a reduction in funds by the source of those
funds, and if such funds are the basis for this Contract.
26) TRAVEL AND SUBSISTENGE REIMBURSEMENT: lf 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 this Contract.
27) TREATMENT OF ASSETS: Upon successful completion of the terms of this Contract, all assets,
including equipment, purchased through this Contract will be owned by the COUNTY unless otherwise
specified by the funding source. The COUNTY shall be responsible for any and all operation and
maintenance expenses and for the safe operation of said equipment including all questions of liability.
28) 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 shall 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.
SECO County EQUIPMENT Contract Page1l of16 KITTITAS COUNTY, E22-304
ATTACHMENT C
STATEMENT OF WORK
SECO COUNTY EQUIPMENT CONTRACT. SFY2O22I23
July 1, 2021 - June 30, 2023
BASIC LEVEL OF OPERATING SERVICESr Maintenance Deliverableso The County will maintain the equipment per manufacturer's recommendations.o The County will complete and return to the DEPARTMENT the equipment maintenance
certification log (See Attachment F).
EQUIPMENT. Equipment purchases are limited to eligible expenses outlined in WAC 1 18-66 and in accordance with
Budget Sheet (See Attachment E).. Capital equipment purchases must be pre-approved by the SECO.
SECO County EQUIPMENT Contract Page 12 of 16 KITTITAS COUNTY, E22-304
ATTACHMENT D
SECO EQUIPMENT CONTRACT REIMBURSEMENT SCHEDULE
ELIGIBLE ITEM STATE REIMBURSEMENT
CPD6 NGg11 Modernization Costs related to modernization of the 91 1 System as authorized and pre-
approved by the State 911 Coordinator.
S1
Customer Premise
Equipment (CPE)
/Telephone System
Purchase or lease and installation of the hardware and software
components required to support a CPE/ Telephone system including
spares kit that are compliant or compatible with future NG911 Technology
requirements.
s1.2 CPE CPU Replacement of CPE system Central Processing Units (CPU) at the call
receiver workstation based on a five-year life cycle.
s1.3 CPE Server Replacement of CPE system call processing server at the backroom CPE,
based on a five-year life cycle.
S2 ANI/ALl Display
Equipment
Replacement of ANI/ALI display equipment. Capped at $500 per
approved PSAP call receiver workstation, based on a five-year life cycle
S3 PSAP Mapping
Hardware and software capable of converting latitude and longitude (and,
when available, altitude) to a map display at the 911 call receiver
workstation. Can be part of CPE, Computer Aided Dispatch (CAD) or
standalone system, but only eligible under one category.
s3.2
Data migration to new
mapprng
platform/software
Migration to new mapping platform or software is capped at $15,000 per
PSAP.
s3.3 PSAP Mapping CPU
Replacement of PSAP Mapping System Central Processing Units (CPU)
at the call receiver workstation based on a five-year life cycle.
For stand-alone systems, only.
s3.4 PSAP Mapping
Server
For the mapping administrator to manipulate the mapping data prior to
movement to the mapping system, based on a five-year life cycle.
B1 Uninterruptible Power
Supply (UPS)
Purchase or lease and installation of the hardware and software
components required to support PSAP WAC eligible equipment which
should provide a minimum of 30 minutes of operations.
81,2 UPS Battery
Replacement Replacement of batteries, to include an entire battery bank
87.1 911 GrS
Modernization
Hardware, software, and services used by the 911 MSAG/Mapping/GlS
Coordinator to create, edit, and maintain GIS Data used in call routing and
synchronization of ALI & GIS data. Calculated at $10,000 (per contract
year).
B8 lnstant Call Check
Equipment that records 911 call conversations for immediate playback on
demand. One per approved PSAP call receiver workstation, telephone
only (i.e. no radio) may be part of CPE system.
SECO County EQUIPMENT Contract Page 13 of 16 KITTITAS COU NTY, E22-304
ATTACHMENT D (cont.)
B9 Mapping Display
Equipment
Equipment capable of displaying 911 call locations on a map. Capped at
$500 per approved PSAP call receiver workstation based on five-year life
cycle.
810
911 Management
lnformation Systems
(Mrs)
Equipment that collects, stores, and collates 911 call data into reports and
statistics.
811 Call Detail Recorder
or Printer
Purchase or lease and installation of the hardware and software
components required to support the call detail recorder or printer
c1 Logging Recorder for
911 Calls
Purchase or lease and installation of the hardware and software
components required for basic logging/voice recorder as recommended by
NENA standards.
c2
Computer-Aided
Dispatch (CAD)
System Hardware and
Software
Purchase or lease and installation of the hardware and software basic
components. At a minimum shall consist of hardware, call entry module,
Teletype interface and ANI/ALI controllers. CAD could also include PSAP
Mapping.
c2.3 CAD CPU Replacement of CAD CPU at the PSAP call receiver workstation 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
Equipment
Replacement of display equipment is capped at $1,000 per approved
PSAP call receiver workstation, based on a five-year life cycle.
c3 Auxiliary Generator
Purchase or lease and installation of an auxiliary generator to support 91'l
telephone services for back-up purposes. Shall not exceed $40,000 and
the expense must be pro-rated if used for other than PSAP operations.
c4 Clock Synchronizer
Purchase or lease and installation of the hardware and software
necessary to integrate master clock signaling to the PSAP's electronic
systems.
c5 Console Furniture
Purchase of console furniture for 911 call receiving equipment is capped
at $15,000 per approved call receiver workstation with a ten-year life
cycle.
SECO County EQUIPMENT Contract Page 14 of 16 KITTITAS COUNTY, E22-304
BUDGET SHEET
SECO COUNTY EQUIPMENT CONTRACT - SFY2O22I23
July 1, 2021 - June 30,2023
ATTACHMENT E
sFY2022t23
Capital Equipment $ 180,461
CounW Match Amount $ 50,000
TOTAL CONTRACT NOT TO EXCEED $ 130,461
SECO County EQUIPMENT Contract Page 15 of 16 KITTITAS COUNTY, E22-304
ATTACHMENT F
Signature (e and
EQUIPMENT MAINTENANCE CERTIFICATION LOG
SECO COUNTY BSO CONTRACT - SFY2O23
July 1, 2022 - June 30, 2023
Lec'7/,2-t l-2,
Date)
KITTITAS COUNry certifies that all maintenance has been scheduled and completed on an annual basis for
the following equipment:
Equipment Vendor/
lnhouse Vendor Name Anticipated/Scheduled
Timeframe
Customer Premise Equipment (CPE){€.rlLoe*1u't-rtrt\o Duc ' zoz-\
PSAP Mapping ltt {ov 2{6sAo1t-fi
Uninterruptible Power Supply (UPS)) p l\oJle MoUrPsT
lnstant Call Check Ve^s),:q-Goe'ttt tb e A"l C", zo2-(
911 Management lnformation System (MlS)C\L' T oF 9vffott-y
Call Detail Recorder/Printer )u /h
Logging Recorder V6^AoA-4tepnDe Qua 'zdLt
Computer-Aided Dispatch System vGNDc{L fl ttcrr*N )rn:t 2a-27-
Auxiliary Generator /p llo';9e SePr zg/z-z-
Clock Synchronizer l,v fi->o96 ,<X6tS'fHt-/
Call Receiver Console Furniture tp l+oot€.*Lto'N\
SECO COUNry BSO Contract Page 17 ol 17 KITTITAS COUNry. E23-01 9
SIGNATURE AUTHORIZATION FORM
WASHI NGTON STATE MI LITARY DEPARTMENT
CAMP MURRAY, WASHINGTON 98430-5122
NEW FORM WILL REPLACE PREVIOUS FORMS
NAME OF ORGANIZATION
KITTITAS COUNTY
DATE SUBMITTED
PROJECT DESCRIPTION
FY22-23 SECO Equipment Contract
CONTRACT NUMBER
E22-304
1. AUTHORIZINGAUTI.IORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Laura Osiadacz
Chair, Board of County
Com m ission ers, 1 I 1 121 -12131 124
Cory Wright
Vice Chair, Board of County
Commission ers I I 1 121 -12131 124
2. AUTHORIZED TO STG'V CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Laura Osiadacz
Chair, Board of County
Commission ers, I I 1 121 -12131 124
Co ht
Vice Chair, Board of County
Com m ission ers 1 I 1 121 -12131 124
SIGNATURE it PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Georqe Lonq E911 Coordinator
Brian Carlson Budqet & Finance Director
Please complete form with any new contract or any time personnel changes.
Submit one original to State E911 Office