Loading...
HomeMy WebLinkAboutPSAP Agency Agreement ~..""~ ~lIi ~~ RESOLUTION 2006-872 ADOPTED DOC ill: 2270 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-872 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 8, 2006: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the PSAP Al!encv Al!reement between the Countv of Suffolk and the Town of South old in connection with the Enhanced 911 Prol!ram for a 5-year term, at a cost not to exceed $83,570.00 for calendar year 2006, subject to the approval of the Town Attorney. Pta"iIJIC7.Q...J~.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Ir. LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us SCOTT A. RUSSELL Supervisor PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@'town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Ms. Lydia Tortora From: Lynne Krauza Secretary to the Town Attorney Date: November 1, 2006 Subject: PSAP Agency Agreement w/County of Suffolk Enhanced 911 Program (Police Dept.) Please be advised that Lori has reviewed and approved the attached PSAP Agency Agreement between the Town of Southold and the County of Suffolk in connection with the referenced matter. A resolution authorizing Scott to sign this document has been placed on the Agenda for next Tuesday's Town Board meeting. In this regard, kindly have Scott sign and date all four counterparts of this document where indicated and return them to Chief Cochran for handling. By copy of this Memorandum to Chief Cochran, I ask that he make certain that Betty receives a fully executed original for her records. Thank you for your attention. If you have any questions, please do not hesitate to call me. Ilk Enclosure /' cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) t/" Chief Carlisle Cochran, Police Dept. (w/o encl.) Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement PSAP Agency Agreement This Agreement ("Agreement") is between the County of Suffolk ("County"), a municipal corporation of the State of New York, acting through its duly constituted Police Department ("Department"), located at 30 Yaphank Ave, Yaphank, New York 11980, and Town of Southold, acting through its duly constituted Police Department (PSAP Agency), a New York municipal corporation, located at 53095 Route 25, Southold, New York 11971. The parties hereto desire to provide the greatest level of 911 service to the residents of Suffolk County. A "Public Safety Answering Point" ("PSAP") is defined as the communications facility which first receives 911 calls from persons within the 911 service area and which may, as appropriate, directly dispatch the services of a public safety agency or extend, transfer, relay or otherwise route 911 calls to the appropriate public safety agency. Term of Agreement: January 1,2006 through December 31,2010. Total Cost of Agreement: Shall not exceed $83,570.00 for calendar year 2006. Budgets for calendar years 2007,2008, 2009 and 2010 shall be as approved by execution of the "Contract Budget Approval Form" (Exhibit E) Terms and Conditions: Shall be as set forth in Exhibits A through G; attached and incorporated herein. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of Southord County of Suffolk By: Name: Scott A. Russell Title: Supervisor Fed. TaxpayerlD 11- t;oofrJ'i By: Paul Sabatino II Chief Deputy County Executive Date: Date: Approved: By: Richard Dormer, Commissioner Date: Approved As To Legality Christine Malafi, County Attorney Recommended: By: By: Cynthia Kay Parry Assistant County Attorney Matthew F. Jones Enhanced 911 Project Coordinator Date: Date: Page 1 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement Addresses for Notices to the PSAP Agency regarding claims, reports or other submissions: Town of Southold Chief Carlisle Cochran 53095 Route 25 Southold, NY 11971 Addresses for Notices to the PSAP Agency regarding termination or litigation: Town of Southold Scott A. Russell, Supervisor 53095 Route 25 Southold, NY 11971 Page 2 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement List of Exhibits Exhibit A: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Exhibit B: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Exhibit C: Exhibit D: Exhibit E: Exhibit F: 1. 2. 3. Exhibit G: General Terms and Conditions PSAP Agency Responsibilities Qualifications of PSAP Agency Personnel 911 Program Records County Supervision Method of Payment Contract BudgetIWork Plan Description Approval Form Payments Subject to Post-audit Adjustment Contingency Assignment Termination Rights Addresses for Notices, Claims, Reports Cost Reduction I ntergovernmental Coordination Agreement Subject to Appropriation of Funds Salary Budget Deficiency Plans Merger; No Oral Changes Set-Off Rights Suffolk County Legislative Requirements Contractor'sNendor's Public Disclosure Statement Living Wage Law Use of County Resources to Intertere with Collective Bargaining Activities Local Law No. 26-2003 Gratuities Prohibition Against Contracting with Corporations that Reincorporate Overseas Child Sexual Abuse Reporting Policy Non Responsible Bidder Use of Funds in Prosecution of Civil Actions Prohibited Certification as to Relationships Suffolk County Local Laws Website Address Work Plan for Enhanced 911 PSAP Agency Furniture, Fixtures and Equipment Contract BudgetIWork Plan Description Approval Form Report Formats Suffolk County Enhanced Claim Form (2 pages) Monthly Expenditure Report (1 page) Enhanced 911 All Discrepancy Form (1 page) Laws of Suffolk County, New York Part IV Regulatory Local Laws Chapter 278, Emergency Telephone System Page 3 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement Exhibit A General Terms and Conditions 1. PSAP Agency Responsibilities PSAP Agency agrees to carry out the Enhanced 911 program (911 Program), as more particularly described in Exhibit C, attached to and made part of this Agreement The PSAP Agency specifically represents and warrants that it has and shall possess, and that its employees, agents and subcontractors have and shall possess, the required education, knowledge, experience and character necessary to qualify them individually for the particular duties they perform. 2. Qualifications of PSAP Agency Personnel The PSAP Agency agrees that it will provide the County with relevant policies regarding the personnel qualifications of professional employees and that these policies shall be subject to approval by the County. 3. 911 Program Records The PSAP Agency shall maintain records for the 911 Program, which will permit the reporting of progress of each service on a monthly basis. Such reports shall be submitted on forms to be provided or approved by the County in accordance with the instructions therefore. Such reports shall be in the format attached as Exhibit F, but shall not necessarily be limited to the information specified. 4. County Supervision It is agreed that the nature and extent of the services provided pursuant to this Agreement shall be subject to the general supervision of the County's Enhanced 911 Commission (reference Exhibit G). The PSAP Agency further agrees to conduct the aforementioned program in a skillful manner to the best of its ability, and agrees to comply fully with the rules and regulation, criteria and guidelines for expenditure controls heretofore adopted or to be adopted by the County. 5. Method of Payment The County shall pay the PSAP Agency for services provided and costs incurred pursuant to this Agreement on receipt of monthly claims to be submitted no later than twenty (20) days after the end of each month, together with appropriate reports and documentation providing acceptable evidence in support of said services and costs, in such form as prescribed by the County, and after audit and approval by the County. Payments shall be reimbursements only of actual cash expenditures made prior to the date of claim submission and shall include only those monies appropriated for the County Operating Budget year referred to on the first page of this Agreement No claims shall be payable until the PSAP Agency complies with all requirements to this Agreement that should have been complied with on or before submission of such claims. It is understood and agreed by the parties hereto that the amount to be paid by the County, as set forth hereinabove, shall constitute the full obligation of the County in connection with this Agreement and any matter arising therefrom. Page 4 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement 6. Contract BudgeUWork Plan Description Approval Form The parties agree to adopt protocols for revisions to Budgets and/or Work Plan Descriptions. Such protocols shall include use of the "Contract Budget Approval Form," in substantially the format set forth in Exhibit E, attached. Such form shall be processed as follows: i. The PSAP Agency shall submit to the Department proposed revisions for either Budgets or Program Narratives, including, in the case of Program Narratives, any necessary changes relating to units of service to be provided. ii. When the Department and the PSAP Agency agree as to such revisions, the Department shall transmit the "Contract BudgetIWork Plan Description Approval Form" to the PSAP Agency for signature. The PSAP Agency shall sign the form and return it to the Department for applicable County signatures. iii. Upon complete execution of the form by the parties, the Department shall return a copy to the PSAP Agency. 7. Payments Subject to Post-audit Adjustment All payments made hereunder are subject to audit and adjustment by the Comptroller of the County pursuant to Article V of the Suffolk County Charter and by the State or Federal Government. 8. Contingency This Agreement is subject to and contingent upon the County of Suffolk's continuance as a participating County in the Enhanced 911 Program and upon approval of the County's Enhanced 911 Commission for the County Operating Budget year referred to on the first page of this Agreement. 9. Assignment The PSAP Agency shall not assign, transfer, convey, sublet or otherwise dispose of this Agreement, or any of its right, title or interest therein, or its power to execute this Agreement, or assign all or any portion of the monies that may be due or become due thereunder, to any other person or corporation, without the prior consent in writing of the County, and any attempt to do any of the foregoing without such consent shall be of no effect. 10. Termination Rights If the PSAP Agency fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the County shall deem it in its best interest to terminate the Agreement or its obligations with respect to any identifiable part of this program, it shall have the right to do so by giving ten (10) days prior written notice by registered or certified mail to the PSAP Agency of such termination. The PSAP Agency may terminate this Agreement at its option by giving sixty (60) days prior written notice to the County by registered or certified mail. 11. Addresses for Notices, Claims, Reports a. Any communication, notice, claim for payment, report or other submission necessary or required to be made by the parties regarding this Agreement shall be in writing and shall be given to the Page 5 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement County or PSAP Agency or their designated representative at the following addresses or at such other address that may be specified in writing by the parties: For the County: Suffolk County Police Department Matthew F. Jones 30 Yaphank Ave Yaphank, NY 11980 For the PSAP Agency: As set forth on page two of this Agreement. b. In the event the PSAP receives a notice or claim or becomes a party (plaintiff, petitioner, defendant, respondent, third party complainant, third party defendant) to a lawsuit or any legal proceeding related to this Agreement, the PSAP shall immediately deliver to the County Attorney, at the address set forth below, copies of all papers filed by or against the PSAP. For the County: Suffolk County Police Department Richard Dormer, Commissioner 30 Yaphank Ave Yaphank, NY 11980 and Christine Malafi, County Attorney Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788 For the PSAP Agency: As set forth on page two of this Agreement. c. Notices sent shall be deemed delivered on the date they are mailed or deposited with a nationally recognized overnight courier service. d. Each party shall give prompt written notice to the other party of the appOintment of successor(s) to the designated contact person(s) or his or her designated successor(s). 12. Cost Reduction The PSAP Agency agrees that where a minimum level of service is not provided the County may require a modification in PSAP Agency staff and other cost factors or may terminate this Agreement after giving notice in accordance with paragraph 10, entitled "Termination Rights" and paragraph 11, entitled "Addresses for Notices, Claims, Reports". 13. Intergovernmental Coordination The PSAP Agency shall coordinate all liaison with units of federal, state and local governments in connection with the program through the Department. Page 6 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement 14. Agreement Subject to Appropriation of Funds This Agreement is subject to the amount of funds appropriated and any subsequent modifications thereof by the Suffolk County Legislature, and no liability shall be incurred by the County under this Agreement beyond the amount of funds appropriated by the Legislature for the program covered by this Agreement. 15. Salary No Salary, wage or other compensation for services shall be part of this Agreement. 16. Budget Deficiency Plans The County has imposed and may impose budget deficiency plan(s). Upon written notification from the Department, the PSAP Agency shall comply with the same restrictions as are imposed upon the Department. a copy of which will be furnished with such notification and shall thereupon be deemed to be incorporated by reference in and made part of this Agreement. 17. Merger; No Oral Changes It is expressly agreed that this Agreement represents the entire agreement of the parties; that all previous understandings are merged in this Agreement and that no modification of the Agreement shall be valid unless written and executed by both parties. 18. Set-Off Rights The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to. the County's option to withhold, for the purposes of set-off, any moneys due to the Contractor under this contract up to any amounts due and owing to the County with regard to this contract and/or any other contract with any County department or agency. including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the County for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The County shall exercise its set-off rights in accordance with normal County practices including, in cases of set-off pursuant to an audit. the finalization of such audit by the County agency, its representatives. or the County Comptroller. and only after legal consultation with the County Attorney. End of Text for Exhibit A Page 7 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement Exhibit B Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement The Contractor represents and warrants that it has filed with the Comptroller of Suffolk County the verified public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-7 and shall file an update of such statement with the said Comptroller on or before the 31st day of January in each year of this Agreement's duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of this Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the Agreement. Required Form: Suffolk County Form SCEX 22; entitled "Contractor'sNendor's Public Disclosure Statement" 2. Living Wage Law This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply all employers (as defined) under service contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. The Contractor represents and warrants that it has read and shall comply with the requirements of Suffolk County Code Chapter 347, Suffolk County Local Law No. 12-2001, the Living Wage Law. Required Form: Suffolk County Living Wage Form LW-38; entitled "Suffolk County Department of Labor - Living Wage Unit Living Wage Certification/Declaration - Subject To Audit" 3. Use of County Resources to Interfere with Collective Bargaining Activities Local Law No. 26-2003 The Contractor represents and warrants that it has read and is familiar with the requirements of Chapter 466, Article 1 of the Suffolk County Local Laws, "Use of County Resources to Interfere with Collective Bargaining Activities". County Contractors (as defined) shall comply with all requirements of Local Law No. 26-2003 including the following prohibitions: a. The Contractor shall not use County funds to assist, promote, or deter union organizing. b. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. c. The County of Suffolk shall not use County funds to assist, promote, or deter union organizing. d. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. Page 8 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement If Contractor services are performed on County property the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, nonintimidation agreement and a majority authorization card agreement. If Contractor services are for the provision of human services and such services are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the provisions of Local Law No. 26-2003, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. Required Form: Suffolk County Labor Law Form DOL-L01; entitled "Suffolk County Department of Labor - Labor Mediation Unit Union Organizing CertificationlDeclaration - Subject to Audit" 4. Gratuities The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). 5. Prohibition Against Contracting with Corporations that Reincorporate Overseas The Contractor represents that it is in compliance with Suffolk County Administrative Code Article IV, ~~A4-13 and A4-14, found in Suffolk County Local Law No. 20-2004, entitled "A Local Law To Amend Local Law No. 5-1993, To Prohibit The County of Suffolk From Contracting With Corporations That Reincorporate Overseas." Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. 6. Child Sexual Abuse Reporting Policy The Contractor agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy", as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy. 7. Non Responsible Bidder The Contractor represents and warrants that it has read and is familiar with the provisions of Suffolk County Code Chapter 143, Article II, ~~143-5 through 143-9. Upon signing this Agreement the Contractor certifies that he, she, it, or they have not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under the provision of Section 143-5 of the Suffolk County Code under "Nonresponsible Bidder." Page 9 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement 8. Use of Funds in Prosecution of Civil Actions Prohibited Pursuant to the Suffolk County Code Section ~590-3, the Contractor represents that it shall not use any of the moneys received under this Agreement, either directly or indirectly, in connection with the prosecution of any civil action against the County of Suffolk or any of its programs, funded by the County, in part or in whole, in any jurisdiction or any judicial or administrative forum. 9. Certification as to Relationships Pursuant to the Suffolk County Code Chapter 143, Article II, and Suffolk County Code ~143-6(B) specifically, the parties to this Agreement hereby certify that, other than the funds provided in this Agreement and other valid Agreements with the County, there is no known relationship within the third degree of consanguinity, life partner, or business, commercial, economic, or financial relationship between the parties, the signatories to this Agreement, and any partners, members, directors, or shareholders offive percent (5%) (or more) of any party to this Agreement. 10. Suffolk County Local Laws Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk<http://www.co.suffolk.nv.us>.Click on "Laws of Suffolk County" under "Suffolk County Links", End of Text for Legislative Requirements Exhibit Page 10 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement Exhibit C Work Plan for Enhanced 911 PSAP Agency 1. Each PSAP Agency is responsible for answering either direct or transferred 911 calls for Emergency Service. The PSAP Agency is responsible for insuring that all calls are answered in a timely fashion and that the Dispatchers, Call Takers or any other personnel answering 911 calls are properly trained and are certified to provide Emergency Medical Dispatch through the Medical Priority Training Protocol. In the event a PSAP Agency cannot provide Emergency Medical Dispatch to a 911 caller requiring it, the call should be conferenced with County Fire Rescue as soon as possible. All County Fire Rescue Personnel are Emergency Medical Dispatch Certified. 2. Any PSAP Agency that receives a call not for their jurisdiction will be certain to transfer that call to the proper PSAP Agency that has responsibility for that jurisdiction. 3. Each PSAP Agency is responsible for assisting in correcting improper address information as displayed by the Enhanced 911 System. All discrepancies should be faxed to the Police Department as soon as possible, by use of a form in substantially the format set forth in Exhibit F, entitled "Report Formats." End of Text for Exhibit C Page 11 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement Exhibit 0 Furniture, Fixtures and Equipment 1. Purchases Requiring Prior Approval Prior to placing any orders to purchase, rent or lease any furniture, fixtures, or equipment, (i) valued in excess of one hundred dollars ($100.00) per unit, or (ii) included but not itemized, in the Budget, the PSAP Agency shall submit to the County a written request for approval to make such a proposed purchase, rental, or lease, with a list showing the quantity and description of each item, its intended location and use, estimated unit price or cost, extended price or cost and estimated total cost of the proposed order. Written approval of the County is required before the PSAP Agency may proceed with the proposed purchase, rental or lease of furniture, fixtures or equipment. All items purchased will be new unless specifically described otherwise in the Budget. 2. Furniture, Fixtures, Equipment, Materials, Supplies a. Purchase Practices The PSAP Agency agrees to follow all the general practices that are designed to obtain furniture, fixtures, equipment, materials or supplies at the most reasonable price or cost. The County reserves the right to purchase or obtain furniture, equipment, fixtures, materials or supplies for the PSAP Agency for the purposes of this Agreement. If the County exercises this right, the amount budgeted for the items so purchased or obtained by the County for the PSAP Agency shall not be available to the PSAP Agency for any purpose whatsoever. b. Interest of County The County shall retain a proprietary interest in all furniture, removable fixtures, equipment, materials or supplies purchased or obtained by the PSAP Agency and paid for or reimbursed to the PSAP Agency by or from the County funds pursuant to the terms of this Agreement or any prior agreements. Upon termination of this Agreement, or of any renewal thereof, the discontinuance of the business of the PSAP Agency, the failure of the PSAP Agency to comply with the terms of this Agreement, the bankruptcy of the PSAP Agency, or an assignment for the benefit of its creditors, or the failure of the PSAP Agency to satisfy any judgment against it within thirty (30) days of filing, the County shall have the right to take title to and possession of all such furniture, removable fixtures, equipment, materials and supplies, and the same thereupon become property of the County without any claim for reimbursement on the part of the PSAP Agency. As directed by the County, the PSAP Agency shall attach identifying labels on said property indicating the interest of the County. 3. Inventory, Records, Controls and Reports The PSAP Agency shall maintain proper and accurate inventory records and controls for all such furniture, removable fixtures and equipment acquired pursuant to this Agreement and all prior agreements, if any, covering the Program. Three (3) months before the termination date of this Agreement, the PSAP Agency shall make a physical count of all items of furniture, removable fixtures and equipment in its custody, checking each item against the aforesaid inventory records. A report setting forth the results of such physical count shall be prepared by the PSAP Agency on a form or forms designated by the County, certified and signed by and authorized official of the PSAP Agency, and one (1) copy thereof shall be delivered to the County with five (5) days after the date set for the aforesaid physical count. Within five (5) days after the termination date of this Agreement, the PSAP Page 12 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement Agency shall submit to the County six (6) copies of the same report updated to the termination date of this Agreement, certified and signed by an authorized official of the PSAP Agency, based on a physical count of all items of furniture, removable fixtures and equipment on the aforesaid termination date, and revised, if necessary, to include any inventory changes during the last three (3) months of the term of this Agreement. 4. Protection of Property in PSAP Agency's Custody The PSAP Agency shall maintain vigilance and take all reasonable precautions to protect the furniture, fixtures, equipment, materials or supplies in its custody against damage or loss by fire, burglary, theft, disappearance, vandalism, or misuse. In the event of burglary, theft, disappearance or vandalism of any item of furniture, fixtures, equipment, materials or supplies, the PSAP Agency shall immediately notify the police and make a record thereof, including a record of the results of any investigation which may be made thereon. In the event of loss or damage to any item of furniture, fixtures, equipment, materials or supplies from any cause, the PSAP Agency immediately shall send the County a detailed, written report thereon. 5. Disposition of Property in PSAP Agency's Custody Upon termination of the County's funding of the Program covered by this Agreement or by any renewal hereof, or at any other time that the County may direct, the PSAP Agency shall make access available and render all necessary assistance for physical removal by the County or its designee of any or all furniture, removable fixtures, equipment, materials or supplies in the PSAP Agency's custody in which the County has a proprietary interest, in the same condition as such property was received by the PSAP Agency, reasonable wear and tear expected. Any disposition, settlements or adjustments connected with such property shall be in accordance with the rules and regulations of the County and the State of New York. End of Text for Exhibit D Page 13 of 15 Pages Rev. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement Exhibit E Contract BudgetIWork Plan Description Approval Form Revision No.: PSAP Agency: Agreement Period: 1/1103 through 12/31/05 Budget Period to which this revision applies Identify the items that are being changed by this revision: Budget: Adopting Revising Amount of increase: Amount of decrease: New Budget amount for the period: Copies of supporting documentation are attached as follows (check all that apply): Resolution Budget Other ........... --............. --.. --.................. -- --.. --.......... --..................................... --........ Approvals: For the Police Commissioner: For the PSAP: By: Name: Title: Recommended: By: Date Name: Title: County Executive Budget Office: Approved Date: By: Date Name: Title: Disapproved By: Name: Title: Date Page 14 of 15 Pages RElY. 10/17/06; Law No. 10-PO-002 PSAP Agency Agreement Exhibit F Report Formats Consists of the following three reports: Suffolk County Enhanced Claim Form (consists of 2 pages) Monthly Expenditure Report (consists of 1 page) Enhanced 911 All Discrepancy Form (consists of 1 page) Page 15 of 15 Pages Exhibit F Town of South old 1/1/2006 - 12/31/2010 SUFFOLK COUNTY ENHANCED 911 CLAIM MONTH OF ,20_ PAGE 1 OF 2 VOUCHER # MAINTENANCE & OPERATION REGISTER AGENCY/DEPARTMENT: INSTRUCTIONS: Use this form to record all claims for Supplies/Materials. Submit this Register (and all other appropriate Registers) with Standard Suffolk County Voucher to insure prompt processing. USE ADDITIONAL SHEETS, IF NECESSARY. (1) SUPPLIES/MATERIALS CHECK PAYEE/COMPANY DESCRIPTION OF ITEM AMOUNT DATE NUMBER SUBTOTAL $ CERTIFICATION: I certify that the above information is just, true and correct: that no part thereof has been previously reported, and that such expenditures are proper and necessary PROJECT DIRECTOR OR FISCAL OFFICER: Signature Date NOTE: This REGISTER is NOT sufficient to support your claims. You must attach photocopies of documents such as Invoices, Shipping Labels, and Bills to support each claim. Exhibit F SUFFOLK COUNTY ENHANCED 911 CLAIM Town of Southold 1/1/2006 - 12/31/2010 MONTH OF ,20_ PAGE 2 OF 2 VOUCHER # MAINTENANCE & OPERATION REGISTER AGENCY/DEPARTMENT: INSTRUCTIONS: Use this form to record all claims for Supplies/Materials. Submit this Register (and all other appropriate Registers) with Standard Suffolk County Voucher to insure prompt processing. USE ADDITIONAL SHEETS, IF NECESSARY. '2\ TRAINING/TRAVEl CHECK PAYEE/COMPANY DESCRIPTION OF ITEM AMOUNT DATE NUMBER SUBTOTAL $ '3\ EQUIPMENT PURCHASE CHECK PAYEE/COMPANY DESCRIPTION OF ITEM AMOUNT DATE NUMBER SUBTOTAL $ '4\ ALL OTHER COSTS CHECK PAYEE/COMPANY DESCRIPTION OF ITEM AMOUNT DATE NUMBER SUBTOTAL $ CERTIFICATION: I certify that the above information is just, true and correct; that no part thereof has been previously reported, and that such expenditures are proper and necessary PROJECT DIRECTOR OR FISCAL OFFICER: Signature Date NOTE: This REGISTER is NOT sufficient to support your claims. You must attach photocopies of documents such as Invoices, Shipping Labels, Bills, travel expense accounts to support each claim. Exhibit F Town of Southold 1/1/2006 - 12/31/2010 MONTHLY EXPENDITURE REPORT PROGRAM TITLE: SUFFOLK COUNTY ENHANCED 911 TO: SUFFOLK COUNTY E911 PROGRAM FROM: CONTRACT/PROJECT PERIOD: From: To: MONTH Ending: PROJECT BUDGET CATEGORY BUDGETED AMOUNT EXPENDED THIS MONTH TOTAL CUMULATIVE BALANCE REMAINING Amended S.C Voucher Submitted Exoend. To Date Budget Amend. Requested COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 1) SUPPLlES/MA TERIALS $ $ $ $ 2) TRAININGITRAVEL $ $ $ $ 3\ EQUIPMENT PURCHASE $ $ $ $ 4) ALL OTHER COSTS $ $ $ $ TOTAL PROJECT COSTS $ $ $ $ CERTIFICATION: I certify that the above information is a complete, accurate, and up-to-date portayal of actual necessary expenditures made for my project during the time period indicated. PROJECT DIRECTOR OR FISCAL OFFICER: Signature Date INSTRUCTIONS: The Project Director or Project Fiscal Officer must submit a Monthly Expenditure Report to the Enhanced 911 Commission within 10 days after the close of each month. Such reports when submitted in conjunction with Standard Vouchers, will help monitor overall project progress, ensure proper cash flow to maintain the project, and help you plan and control expenditures for the duration of the project. All expenditures submitted should reflect only those incurred for the monthly period submitted. BUDGET AMMENDMENTS: You may not exceed the Total Project Budgeted Amount or Project Budget Categories. Written approval, as per conditions of the contract, is required to amend your budget, Expenditures may be disallowed if they exceed limitations without prior written approval from the County. Exhibit F Town of South old 1/1/2006 - 12/31/2010 Enhanced 9-1-1 ALl Discrepancy SUFFOLK COUNTY FAX COMPLETED FORM TO 852-6610 Originated b,y: Name ('flRtrel !J For Telco Use PSAP Name County (;111="1=()1 K 1<';1 H~l \ Dale Time Incorrect Name D Incorrect House Number D Incorrect Street D Incorrect Community D Incorrect Location D Incorrect ESN D Misrouled Call D Other (Explain) D ALl Screen Display.. Display Should Read Tel. # Tel # Name Name Address Address Community Communitv Location Location ESN ESN Other Other ."'Note: Attach printout of All screen if desired. Source ofCorrecliotl For Telephone Company Use: All Data Base Corrected on: Date: By Remarks FAX TO SUFFOLK COUNTY AT 852-6610 Exhibit G Laws of Suffolk County, New York Part IV Regulatory Local Laws Chapter 278, Emergency Telephone System [HISTORY: Adopted by the Suffolk County Legislature 8-28-1995 as L.L. No. 25-1995. Amendments noted where applicable.] ~ 278-1. Legislative intent. A. This Legislature hereby finds and determines that assistance to protect the lives and property of Suffolk County residents is almost always summoned by telephone, that a multiplicity of emergency telephone numbers exist within the county and that unintentional, though avoidable, delays in reaching appropriate emergency assistance can and do occur to the detriment and jeopardy of life and property. B. This Legislature further determines that the three-digit number, 9 I I, is a nationally recognized and applied telephone number which may be used to summon emergency aid and to eliminate delays caused by lack offamiliarity with emergency numbers and by understandable confusion in the moment of crisis. C. This Legislature also finds that the enhanced emergency telephone service known as "enhanced 911" provides substantial benefits beyond basic 91 I systems through the provision of selective routing and automatic number and location identification and that these enhancements not only significantly reduce the response time of emergency services, but also represent the state of the art in fail-safe emergency telephone system technology. D. This Legislature further finds and determines that a major obstacle to the establishment, upgrading and maintenance of an enhanced 911 system in the county is the cost of telecommunication equipment and services which are necessary to provide such system. E. Therefore, the purpose of this chapter is to implement a funding mechanism to assist in the payment of the costs associated with establishing and maintaining an enhanced 911 system and thereby considerably increasing the potential for providing all citizens of this county with the valuable services inherent in an enhanced 9 I I system. ~ 278-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: 911 SERVICE AREA -- The area within the geographic boundaries of Suffolk County. ENHANCED 91 I SYSTEM -- An enhanced emergency telephone service which automatically connects a person dialing the digits 9-1-1 to an established public-service answering point and which shall include, but not be limited to, selective routing, automatic number identification and automatic location identification. Page 1 of 7 Pages Exhibit G Laws of Suffolk County, New York Part IV Regulatory Local Laws Chapter 278, Emergency Telephone System PUBLIC SAFETY AGENCY -- A functional division of the county which provides or has the authority to provide police, firefighting, emergency medical or ambulance services, or other emergency services or another entity which provides emergency medical ambulance services as designated by a municipal subdivision. PUBLIC SAFETY ANSWERING POINT (PSAP) -- The communications facility which first receives 911 calls from persons within the 911 service are and which may, as appropriate, directly dispatch the services of a public safety agency or extend, transfer, relay or otherwise route 911 calls to the appropriate public safety agency. SERVICE SUPPLIER -- A telephone corporation which provides local exchange access service within a 911 service area. SUFFOLK COUNTY E-911 COMMISSION [Amended 11-23-1999 by L.L. No. 39- 1999] -- A committee comprised of the following members: A. Twelve agency members, one from each of the following 12 Public Safety Answering Points (PSAP's): (I) Suffolk County Police Department. (2) Northport Village Police Department. (3) Amityville Village Police Department. (4) Riverhead Town Police Department. (5) Southampton Town Police Department (6) Southampton Village Police Department. (7) Southold Town Police Department. (8) East Hampton Village Police Department. (9) East Hampton Town Police Department. (10) Suffolk County Fire Rescue and Emergency Services. (II) Babylon Central Fire Alarm and Rescue Alarm Corporation. (12) The Smithtown Fire District. Page 2 of 7 Pages Exhibit G Laws of Suffolk County, New York Part IV Regulatory Local Laws Chapter 278, Emergency Telephone System B. One member from the County Executive's office to be appointed by the County Executive who shall be the Chairman. C. One member from the County Legislature to be appointed by the Presiding Offi cer. D. In the event that one of the above] 2 commissioned PSAP's shall become decommissioned, either through action by Suffolk County or by voluntary withdrawal, it shall no longer have representation on the committee. E. The Commission is authorized to submit a budget request each year in accordance with the provisions of Article IV of the Suffolk County Charter and Article IV of the Suffolk County Administrative Code. No additional compensation shall be paid to such persons for the performance of their duties on behalf of the Committee. NOTE: Local Law No. 39-1999 also provided as follows: Section I. Legislative intent. This Legislature hereby finds and determines that L.L. No. 25-] 995 established a Suffolk County Enhanced 9] I Steering Committee to review and grant requests by public safety agencies desiring to be considered as one ofthe 38 Public Safety Answering Points (PSAP) authorized by the County Legislature to be established by said law. This Legislature further finds that the structure of the current administration of the E-91] Emergency Phone System does not serve either itself or the public with any measurable degree of efficiency since, from its inception, the Steering Committee was never involved in the decision to pay salaries and benefits for Suffolk County Police District personnel. This Legislature also determines that, as a result, there have been continual long delays in equipment purchases, equipment repairs, equipment service calls and other problems which make the county vulnerable to liability lawsuits. Therefore, the purpose of this law is to abolish the Steering Committee and replace it with a new Suffolk County E-91 ] Commission comprised of an agency representative from each PSAP, a representative from the County Executive's office and a representative from the Legislature and to give it the authority to develop and submit its own budget request to the County Legislature. Section 3. Applicability. This law shall apply to the Suffolk County Enhanced 9] I Steering Committee on or after the effective date of this law. SYSTEM COSTS -- The costs associated with obtaining and maintaining the telecommunication equipment and the telephone services costs necessary to establish and provide the enhanced 911 system. Page 3 of 7 Pages Exhibit G Laws of Suffolk County, New York Part IV Regulatory Local Laws Chapter 278, Emergency Telephone System ~ 278-3. Authorization for installation. A. This Legislature hereby authorizes, empowers and directs the installation of a county-wide enhanced 911 emergency telephone system with multiple PSAP's to be located in each of the following locations: Suffolk County Police Department, Babylon Central Fire Alarm and Rescue Corporation, the Smithtown Fire District, Suffolk County Fire Rescue and Emergency Services, Northport Village Police Department, Amityville Village Police Department, Riverhead Town Police Department, Southampton Town Police Department, Southampton Village Police Department, Southold Town Police Department, East Hampton Village Police Department and the East Hampton Town Police Department. Additional PSAP's may be designated by the Enhanced 911 Steering Committee at a later date. PSAP's may only be deleted by duly enacted amendments of this chapter after a review and recommendation of the Enhanced 911 Steering Committee. B. PSAP's shall provide to Suffolk County written evidence of all necessary and appropriate liability insurance coverage as determined by the Suffolk County Division of Insurance and Risk Management. C. No PSAP (noncounty) shall qualify as such or be designated as such under this chapter unless it first agrees to enter into an intermunicipal agreement with Suffolk County outlining the responsibilities and liabilities of both the county and the local municipality as a precondition to such qualification or designation, including but not limited to the local municipality accepting sole responsibility for the cost and expense of providing the necessary space, heat, electricity, air conditioning, water, furniture, furnishings and remodeling, if any, for the PSAP it operates, together with all personnel costs associated with staffing and operating its PSAP. ~ 278-4. Surcharge authorization; limitations; exemptions. A. The service supplier is hereby authorized, empowered and directed, in accordance with state law, to impose a thirty-five-cent surcharge per access line per month on each telephone subscriber in Suffolk County to pay for the costs associated with implementing, installing and maintaining said systems. On the date of the passage of this chapter, the telephone company shall be authorized to begin to add such surcharge to the billings of its customers. Within thirty (30) months from the date of the passage of this chapter, enhanced 911 services are authorized to begin. B. Any such surcharge shall have uniform application and shall be imposed throughout the entire county to the greatest extent possible in conformity with the availability of such enhanced 911 system within the municipality. Page 4 of 7 Pages Exhibit G Laws of Suffolk County, New York Part IV Regulatory Local Laws Chapter 278, Emergency Telephone System C. No such surcharge shall be imposed upon more than seventy-five (75) exchange access lines per customer per location. D. Lifeline customers and Suffolk County shall be exempt from any surcharge imposed under this chapter. ~ 278-5. Collection of surcharge. A. The appropriate service supplier or suppliers serving a 911 service area shall act as collection agent for Suffolk County and shall remit the funds collected as the surcharge to the Suffolk County Comptroller each month. Such funds shall be remitted no later than thirty (30) days after the last business day of such period. B. The service supplier shall be entitled to retain as an administrative fee an amount equal to two percent (2%) of its collections of the surcharge. C. The surcharge required to be collected by the service supplier shall be added to and stated separately in its billings to the customer. D. The service supplier shall annually provide to the Suffolk County Comptroller an accounting of the surcharge amounts billed and collected. ~ 278-6. Liability for surcharge A. Each service supplier customer who is subject to the provisions of this chapter shall be liable to the County of Suffolk for the surcharge until it has been paid to the County of Suffolk, except that payment to a service supplier is sufficient to relieve the customer from further liability for such surcharge. B. The service supplier shall have no obligation to take any legal action to enforce the collection of any surcharge. Whenever the service supplier remits the funds collected as the surcharge to the County of Suffolk, it shall also provide the County of Suffolk with the name and address of any customer refusing or failing to pay the surcharge imposed by this chapter and shall state the amount of such surcharge remaining unpaid. ~ 278-7. System revenues; adjustment of surcharge. All surcharge moneys remitted to the County of Suffolk by a service supplier and all other moneys dedicated to the payment of system costs from whatever source derived or received by the County of Suffolk shall be expended only upon appropriation of the County Legislature and only for payment of system costs as permitted by this chapter. The County of Suffolk shall separately account for and keep adequate books and records of the amount and source of all such revenues and of the amount and object or purpose of all expenditures thereof. If at the end of any fiscal year the total amount of all such Page 5 of 7 Pages Exhibit G Laws of Suffolk County, New York Part IV Regulatory Local Laws Chapter 278, Emergency Telephone System revenues exceeds the amount necessary and expended for payment of system costs in such fiscal year, such unencumbered cash surplus shall be carried over for the payment of system costs in the following fiscal year. If at the end of any fiscal year such unencumbered cash surplus exceeds an amount equal to five percent (5%) of that necessary for the payment of system costs in such fiscal year, the County Legislature shall by local law reduce the surcharge for the following fiscal year to a level which more adequately reflects the system costs requirements of its enhanced 911 system. The County Legislature may also by local law reestablish or increase such surcharge if the revenues generated by such surcharge and by any other source are not adequate to pay for system costs. ~ 278-8. Additional public safety answering points. A. This Legislature hereby authorizes, empowers and directs the Enhanced 911 Steering Committee to review each request by public safety agencies desiring to be considered as an additional PSAP. This Legislature authorizes the establishment of as many additional PSAP's, not to exceed a total of thirty-eight (38), exclusive of the PSAP's authorized in Ii 278-3 of this chapter, as shall be necessary to serve all of Suffolk County. The Enhanced 911 Steering Committee shall review each request as long as the public safety agency in question provides dispatching services twenty-four (24) hours a day, seven (7) days a week and employs a certified emergency medical dispatcher on duty at all times and meets any other conditions as may be established by the Committee. (1) All requests for designation as a public safety answering point shall be submitted, in writing, to the Enhanced 911 Steering Committee and shall be acted upon within thirty (30) days in accordance with the requirements set forth herein. (2) Any provisions in this section to the contrary notwithstanding, the Enhanced 911 Steering Committee reserves the right to review any additional requests for PSAP designation and to grant such requests pursuant to the requirements herein and any other conditions as may be established by the Committee. Such requests shall only be granted by an affirmative vote of at least a majority plus one (I) of the entire membership of the Committee. B. The County Executive or his designee is authorized, empowered and directed to initiate the process to contract with a qualified vendor of an enhanced 911 emergency telephone system for the installation of multiple public safety answering points in those locations delineated by the Legislature herein in accordance with and full compliance and adherence to all relevant state and local procurement statutes, rules and regulations. ~ 278-9. Miscellaneous provisions A. At least one (1) public-service answering point within and serving the 911 service area of Suffolk County shall be operated on a twenty-four-hour basis. Page 6 of 7 Pages Exhibit G Laws of Suffolk County, New York Part IV Regulatory Local Laws Chapter 278, Emergency Telephone System B. The County of Suffolk may also apply for and accept federal moneys and may accept contributions and donations from any source for the purpose of funding an enhanced 911 emergency telephone system. c. Costs incurred for personnel needed to operate an enhanced 911 system, including training and compensation thereof, the housing of system equipment and related costs and all other costs not included within the definition of "system costs," shall be a county expense subject to the provisions of ~ 278-3C of this chapter. D. Records, in whatever form they may be kept, of calls made to the county's enhanced 911 system shall not be made available to or obtained by any entity or person other than the county's public safety agency, another government agency or body or a private entity or a person providing medical, ambulance or other emergency services and shall not be utilized for any commercial purpose other than the provision of emergency services. ~ 278-10. Applicability This chapter shall apply to any actions taken on or after the effective date of this chapter. Page 7 of 7 Pages