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HomeMy WebLinkAbout911 Enhanced Program WFF�Cf ® RESOLUTION 2014-184 * ADOPTED DOC ID: 9547 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-184 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 11,2014: RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2014-145 adopted at the January 28, 2014 regular meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the PSAP Agency Agreement between the Town of Southold and the County of Suffolk in connection with the Enhanced 911 Program, for the period January 1, 2014 through December 31, 2018, at a no cost to the Town not to eNeeea $70,000-amma4y, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 4 0--CA 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 the Town of Southold (PSAP Agency), a New York corporation, located at 21 Ireland Place, Amityville, New York 11701. The parties hereto desire to facilitate the greatest level of 911 service to the residents of Suffolk County by providing the PSAP Agency a share of the surcharge monies remitted to the 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, 2014 through December 31, 2018. Payment Provision: The PSAP shall be paid an amount equal to one-tenth (1/10) of twenty percent (20%) of the actual surcharge moneys remitted to the County by E-911 service providers for calendar year 2014, in accordance with the provisions of Article II. Amounts for each of the calendar years 2015, 2016, 2017 and 2018 shall be calculated in the proportion determined by the Suffolk County E-911 Commission. Terms and Conditions: Shall be as set forth in Article I through V; attached and incorporated herein. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of Sout d County Suffolk � By: By: Sbdtt Russell Denni M. Cohen Sup isor Chief Deputy County Executive Fed. Taxpayer l P 11-6001939 Date: 7 O/ Date: I Q�4 Scotthussell hereby certifies under penalties of Appro ed: per ury,that I am an officer of the Town of Southold, S 11olk Co my Police Department that I have read and I am familiar with §A5-7 of Article V of the Suffolk County Code, and that the Q� Town of Southold meets all requirements to qualify Edward Webber for an exemption reunder. Police Commissioner By: Scdd Russell, Supervisor Date: Approved As To Form Dennis M. BroZd-e- ty Attorney RevEaew nd commended: By: By: iesia-� Qrr 1�er qtr F. Jones Assista t ounty Attorney Enhanced 911 Project Coordinator Date: �" 1 Date: 11111111 1 of 14 pages 0024984 List of Exhibits Article I General Terms and Conditions 1. PSAP Agency Responsibilities 2. PSAP Agency Personnel 3. Furniture, Fixtures, Equipment, Materials, Supplies 4. 911 Program Records 5. Audit of Books and Records 6. County Supervision 7. Termination Rights 8. Indemnification and Defense 9. Addresses for Notices, Claims, Reports 10. Intergovernmental Coordination 11. Independent Parties 12. Assignment 12. Cost Reduction 13. Merger; No Oral Changes 14. Set-Off Rights 15. Governing Law 16. No Waiver 17. Cooperation on Claims 18. No Intended Third party Beneficiaries Article II Financial Terms and Conditions 1. General Payment Terms 2. Payments Subject to Post-audit Adjustment 3. Contingency 4. Cost Reductions 5. Agreement Subject to Appropriation of Funds 6. Budget Deficit Plans Article III Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Work Experience Participation 12. Safeguarding Personal Information of Minors 13. Suffolk County Local Laws Website Address Article IV Report Formats 1. Suffolk County Enhanced Claim Form (2 pages) 2. Monthly Expenditure Report (1 page) 3. Enhanced 911 ALI Discrepancy Form (1 page) Article V Part IV Regulatory Local Laws Chapter 278, Emergency Telephone System 2 of 14 pages Article 1 General Terms and Conditions 1. PSAP Agency Responsibilities A. The PSAP Agency agrees to provide the services required under this Agreement in a skillful manner, to the best of its ability, and further agrees to comply fully with the rules and regulations, criteria and guidelines for expenditure controls heretofore adopted or to be adopted by the County, as well agreeing to comply with applicable standards imposed by New York State and the County. B. The PSAP Agency is responsible for answering either direct or transferred 911 calls for Emergency Service. i) The PSAP Agency is responsible for insuring that all calls are answered in a timely fashion. ii) The PSAP Agency shall be responsible for insuring 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. iii) The PSAP Agency shall have a written policy to handle overflow 911 calls C. In the event a PSAP Agency cannot provide Emergency Medical Dispatch to a 911 caller requiring a response, the call shall be conferenced with County Fire Rescue as soon as possible. D. The PSAP Agency shall transfer all 911 calls originating outside its jurisdiction to the appropriate 911 agency pursuant to existing local practices and protocols. E. The PSAP Agency shall be responsible for assisting in correcting improper address information as displayed by the Enhanced 911 System. All discrepancies should be faxed or e-mailed to the Police Department as soon as possible, by use of a form in substantially the format set forth in Article IV, entitled "Report Formats." F. It shall be the duty of the PSAP Agency to discharge, or cause to be discharged, all of its responsibilities, and to administer funds received in accordance with the provisions of this Agreement. G. The PSAP building, security and back-up procedures shall be in conformance with the minimum standards set forth at 21 NYCRR Part 5203 H. The PSAP Agency shall not take any action that is inconsistent with the provisions of this Agreement. 2. PSAP Agency Personnel A. The PSAP Agency represents and warrants that it has and shall continually possess during the term, and that its employees, agents and subcontractors have and shall continually possess during the term, the required education, knowledge, experience and character necessary to qualify them individually for the particular duties they perform, including compliance with the minimum standards regarding basic training for all call-takers/dispatchers, as set forth in 21 NYCRR Part 5201. B. The PSAP Agency agrees that it shall maintain on file, in one location in Suffolk County, all records that demonstrate that it has complied with subparagraph (A) above. Such documentation shall be kept, maintained and available for inspection by the County upon twenty-four(24) hours notice 3 of 14 pages C. The PSAP Agency shall 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. D. D. The PSAP shall comply with minimum standards regarding staffing of public safety answering points, as set forth in 21 NYCRR Part 5202. 3. Furniture, Fixtures, Equipment, Materials, Supplies A. The PSAP shall comply with minimum standards regarding equipment, as set forth in 21 NYCRR Part 5203 B. Purchase Practices L 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. C. 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 received by the PSAP Agency pursuant to the terms of this Agreement or any prior agreements. Upon i) the termination of this Agreement or of any subsequent renewal thereof, ii) the discontinuance of the business of the PSAP Agency, iii) the failure of the PSAP Agency to comply with the terms of this Agreement, iv) the bankruptcy of the PSAP Agency, v) an assignment for the benefit of its creditors, or vi) 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. D. 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, pursuant to Chapter 441 of the Suffolk County Code. 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 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 of 14 pages E. 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. F. 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. 4. 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 C, but shall not necessarily be limited to the information specified therein. 5. Audit of Books and Records A. The PSAP Agency agrees to keep the books of account and records, and other evidence pertaining to operations under this Agreement, and to establish a system of bookkeeping and accounts which are in accordance with generally accepted real estate practice. All of the books and records shall be physically located in the PSAP Agency's office located in New York State and shall be retained for three (3) years after the end of this Agreement. B. The PSAP Agency shall permit inspection of the books and records described in paragraph 5(A) above by the Commissioner of the Department of Police and the Suffolk County Comptroller (the "Comptroller") and shall be made available for reasonable audit by the Comptroller or his duly designated representative. Such access shall be granted notwithstanding any exemption from disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade secrets and commercial information, or financial information that is privileged or confidential 6. 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 F). 7. 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 5 of 14 pages 'Agency may terminate this Agreement at its option by giving sixty (60) days prior written notice to the County by registered or certified mail. Upon Termination, the PSAP Agency shall discontinue services. 8. Indemnification and Defense A. To the fullest extent permitted by law, the PSAP Agency agrees that it shall keep, save and hold harmless and defend the County, its officers, officials, employees, contractors, and agents, of and from any and all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorney's fees, for anything and everything whatsoever to the extent arising from any fault or negligence by the PSAP Agency, its officers, officials, employees, contractors, agents, or representatives in connection with this Agreement, or any failure on the PSAP Agency's part to comply with any of the covenants, terms and conditions contained in this Agreement. B. To the fullest extent permitted by law, the County shall keep, save and hold harmless and defend the PSAP Agency of and from any and all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorney's fees, for anything and everything whatsoever to the extent arising from any fault or negligence by the County, its officers, officials, employees, contractors, agents, or representatives in connection with this Agreement, or any failure on County's part to comply with any of the covenants, terms and conditions contained in this Agreement 9. 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 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: Southold Town Police Department, Chief of Police 41405 State Rt. 25 Southold, NY 11971 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 Commissioner 30 Yaphank Ave Yaphank, NY 11980 and Suffolk County Attorney Suffolk County Department of Law H. Lee Dennison Building 6 of 14 pages 100 Veterans Memorial Highway Hauppauge, New York 11788 For the PSAP Agency: Southold Town Hall Scott Russell, Supervisor 53095 Main Road Southold, NY 11971 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). 10. Intergovernmental Coordination The PSAP Agency shall coordinate all liaisons with units of federal, state and local governments in connection with the program through the Department. 11. Independent Party The PSAP Agency is not, and shall never be, considered an employee of the County for any purpose. Notwithstanding anything contained in this Agreement, the PSAP Agency shall not be construed as creating a principal-agent relationship between the County and the PSAP Agency or the PSAP Agency and the County, as the case may be. 12. 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. 13. Merger; No Oral Changes It is expressly agreed that this Agreement represents the entire agreement of the parties and that all previous understandings are merged in this Agreement. No modification of the Agreement shall be valid unless written and executed by both parties. 14. 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. 15. Governing Law 7 of 14 pages The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of laws. Venue shall be designated in the Supreme court, Suffolk county, the united States District Court for the Eastern district of new York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. 16. No Waiver It shall not be construed than any failure or forbearance of either party to enforce any provision of this Agreement in any particular instance or instances is a waiver of that provisions. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. 17. Cooperation on Claims The PSAP Agency and the County shall render diligently to each other, without compensation, any and all cooperation that may be required to defend the other party, its employees and designated representatives, against any claim, demand or action that may be brought against the other party, its employees or designated representatives arising out of, or in connection with this Agreement. 18. No Intended Third party Beneficiaries The Agreement is entered into solely for the benefit of the County and the PSAP Agency. No third party shall be deemed a beneficiary of the Agreement and no third party shall have the right to make any claim or assert any right under the Agreement. End of Text for Article 1 8 of 14 pages Article II Financial Terms and Conditions 1. General Payment Terms Pursuant to Chapter 441 of the Suffolk County Code, the County shall pay the PSAP Agency quarterly, within sixty (60) days of the end of each quarter. The amount paid to the PSAP Agency shall be calculated based upon actual surcharge moneys remitted to the County by the service providers under Chapter 441 of the Suffolk County Code, in the proportions determined by the Suffolk County E-911 Commission. Adjustments shall be made to the quarterly payments to reflect actual surcharge monies remitted to the County. The PSAP Agency recognizes that the County is a municipal corporation whose financial obligations are strictly regulated by statute. In order for payment to be made by the County to the PSAP for the services under this Agreement, the PSAP Agency must prepare and present a Suffolk County Payment Voucher, which shall be documented by sufficient, competent and evidential matter. Once submitted by the PSAP Agency, the PSAP Agency shall have satisfied its obligation to request payment hereunder. Each Suffolk County Payment Voucher submitted for payment is subject to Audit at any time during the term or any extension thereof. This provision shall survive expiration or termination of this Agreement for a period of not less than seven (7) years, and access to records shall be as set for thin paragraph of this Agreement. 2. 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. 3. 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 applicable County Operating Budget year. 4. 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". 5. Agreement Subject to Appropriation of Funds This Agreement is subject to the amount of funds appropriated each fiscal year 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 and actually collected. 6. 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. 9 of 14 pages Article III 3. Use of County Resources to Interfere with Suffolk County Legislative Requirements Collective Bargaining Activities It shall be the duty of the Contractor to read, become 1. Contractor's/Vendor's Public Disclosure Statement familiar with, and comply with the requirements of Article I of Chapter 803 of the Suffolk County Code. It shall be the duty of the Contractor to read, become familiar with,and comply with the requirements of section County Contractors (as defined by section 803-2) shall A5-7 of Article V of the Suffolk County Code. comply with all requirements of Chapter 803 of the Suffolk Unless certified by an officer of the Contractor as being County Code,including the following prohibitions: exempt from the requirements of section A5-7 of Article V a. The Contractor shall not use County funds to of the Suffolk County Code,the Contractor represents and assist,promote,or deter union organizing. warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County b. No County funds shall be used to reimburse the Administrative Code Article V, section A5-7 and shall file Contractor for any costs incurred to assist, an update of such statement with the Comptroller on or promote,or deter union organizing. before the 31 st day of January in each year of the Contract's duration. The Contractor acknowledges that C. No employer shall use County property to hold a such filing is a material,contractual and statutory duty and meeting with employees or supervisors if the that the failure to file such statement shall constitute a purpose of such meeting is to assist, promote, or material breach of the Contract,for which the County shall deter union organizing. be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal If the Services are performed on County property, the remedies, of fifteen percent (151/o) of the amount of the Contractor must adopt a reasonable access agreement, a Contract. neutrality agreement, fair communication agreement, non- intimidation agreement, and a majority authorization card Required Form: agreement. Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure Statement" If the Services are for the provision of human services and are not to be performed on County property,the Contractor 2. Living Wage Law must adopt,at the least,a neutrality agreement. It shall be the duty of the Contractor to read, become Under the provisions of Chapter 803,the County shall have familiar with,and comply with the requirements of Chapter the authority,under appropriate circumstances,to terminate 575,of the Suffolk County Code. the Contract and to seek other remedies as set forth therein, for violations of this Law. This Contract is subject to the Living Wage Law of the Required Form: County of Suffolk. The law requires that, unless specific Suffolk County Labor Law Form DOL-LO1; entitled exemptions apply,all employers(as defined)under service "Suffolk County Department of Labor—Labor Mediation contracts and recipients of County financial assistance, (as Unit Union Organizing Certification/Declaration- Subject defined) shall provide payment of a minimum wage to to Audit." 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 4. Lawful Hiring of Employees Law Suffolk.Under the provisions of the Living Wage Law,the County shall have the authority, under appropriate It shall be the duty of the Contractor to read, become circumstances,to terminate the Contract and to seek other familiar with, and comply with the requirements of Article remedies as set forth therein,for violations of this Law. II of Chapter 353 of the Suffolk County Code. Required Forms: This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered Suffolk County Living Wage Form LW-1;entitled"Suffolk employers,(as defined),and the owners thereof,as the case County Department of Labor—Living Wage Unit Notice of may be, that are recipients of compensation from the Application for County Compensation(Contract)." County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, Suffolk County Living Wage Form LW-38; entitled subcontract, license agreement, lease or other financial "Suffolk County Department of Labor—Living Wage Unit compensation agreement issued by the County or an Living Wage Certification/Declaration — Subject To awarding agency,where such compensation is one hundred Audit." percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied,in good faith,with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees(as defined) and with respect 10 of 14 pages to the alien and nationality status of the owners thereof. 5. Gratuities The affidavit shall be executed by an authorized representative of the covered employer or owner, as the It shall be the duty of the Contractor to read, become case may be; shall be part of any executed contract, familiar with,and comply with the requirements of Chapter subcontract, license agreement, lease or other financial 664 of the Suffolk County Code. compensation agreement with the County; and shall be made available to the public upon request. The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or All contractors and subcontractors(as defined) of covered agent of the County or the State or of any political party, employers,and the owners thereof,as the case may be,that with the purpose or intent of securing an agreement or are assigned to perform work in connection with a County securing favorable treatment with respect to the awarding contract, subcontract, license agreement, lease or other or amending of an agreement or the making of any financial compensation agreement issued by the County or determinations with respect to the performance of an awarding agency,where such compensation is one hundred agreement. percent(100%)funded by the County, shall submit to the covered employer a completed sworn affidavit (under 6. Prohibition Against Contracting with Corporations penalty of perjury), the form of which is attached, that Reincorporate Overseas certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section It shall be the duty of the Contractor to read, become 1324a with respect to the hiring of covered employees and familiar with,and comply with the requirements of sections with respect to the alien and nationality status of the owners A4-13 and A4-14 of Article IV of the Suffolk County thereof,as the case may be. The affidavit shall be executed Code. by an authorized representative of the contractor, subcontractor,or owner,as the case may be;shall be part of The Contractor represents that it is in compliance with any executed contract, subcontract, license agreement, sections A4-13 and A4-14 of Article IV of the Suffolk lease or other financial compensation agreement between County Code. Such law provides that no contract for the covered employer and the County; and shall be made consulting services or goods and services shall be awarded available to the public upon request. by the County to a business previously incorporated within An updated affidavit shall be submitted by each such the U.S.A.that has reincorporated outside the U.S.A. employer,owner,contractor and subcontractor no later than 7. Child Sexual Abuse Reporting Policy January 1 of each year for the duration of any contract and upon the renewal or amendment of the Contract, and It shall be the duty of the Contractor to read, become whenever a new contractor or subcontractor is hired under the terms of the Contract. familiar with, and comply with the requirements of Article H of Chapter 880 of the Suffolk County Code. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the failure The Contractor shall comply with Article II of Chapter 880, to file any such statement shall constitute a material breach of the Suffolk County Code,entitled"Child Sexual Abuse of the Contract. Reporting Policy,"as now in effect or amended hereafter or of any other Suffolk County Local Law that may become Under the provisions of the Lawful Hiring of Employees applicable during the term of the Contract with regard to Law, the County shall have the authority to terminate the child sexual abuse reporting policy. Contract for violations of this Law and to seek other remedies available under the law. 8. Non Responsible Bidder The documentation mandated to be kept by this law shall at It shall be the duty of the Contractor to read, become all times be kept on site. Employee sign-in sheets and familiar with, and comply with the requirements of Article register/log books shall be kept on site at all times during II of Chapter 189 of the Suffolk County Code. working hours and all covered employees,as defined in the law, shall be required to sign such sign-in Upon signing the Contract, the Contractor certifies that it sheets/register/log books to indicate their presence on the has not been convicted of a criminal offense within the last site during such working hours. ten(10)years. The term"conviction'shall mean a finding of guilty after a trial or a plea of guilty to an offense Required Forms: covered under section 189-5 of the Suffolk County Code under"Nonresponsible Bidder." Suffolk County Lawful Hiring of Employees Law Form LHE-1; entitled "Suffolk County Department of Labor — 9. Use of Funds in Prosecution of Civil Actions Notice Of Application To Certify Compliance With Federal Prohibited Law (8 U.S.C. Section 1324a) With Respect To Lawful Hiring of Employees." It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article Suffolk County Lawful Hiring of Employees Law Form III of Chapter 893 of the Suffolk County Code. LHE-2; entitled "Affidavit Of Compliance With The Requirements Of 8 U.S.C.Section 1324a With Respect To The Contractor shall not use any of the moneys, in part or Lawful Hiring Of Employees" in whole, and either directly or indirectly, received under the Contract in connection with the prosecution of any civil 11 of 14 pages action against the County in any jurisdiction or any judicial or administrative forum. 10. Youth Sports It shall be the duty of the Contractor to read, become familiar with, and comply with Article III of Chapter 730 of the Suffolk County Code. All contract agencies that conduct youth sports programs are required to develop and maintain a written plan or policy addressing incidents of possible or actual concussion or other head injuries among sports program participants. Such plan or policy must be submitted prior to the award of a County contract, grant or funding. Receipt of such plan or policy by the County does not represent approval or endorsement of any such plan or policy, nor shall the County be subject to any liability in connection with any such plan or policy. 11. Work Experience Participation If the Contractor is a not-for-profit or governmental agency or institution, each of the Contractor's locations in the County at which the Services are provided shall be a work site for public-assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all times during the Term of the Contract. If no Memorandum of Understanding ("MOU") with the Suffolk County Department of Labor for work experience is in effect at the beginning of the Term of the Contract,the Contractor, if it is a not-for-profit or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract,for which the County may withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the circumstances. 12. Safeguarding Personal Information of Minors It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Suffolk County Local Law No.20-2013,a Local Law to Safeguard the Personal Information of Minors in Suffolk County. All contract agencies that provide services to minors are required to protect the privacy of the minors and are strictly prohibited from selling or otherwise providing to any third party, in any manner whatsoever, the personal or identifying information of any minor participating in their programs. 13. Suffolk County Local Laws Website Address Suffolk County Local Laws,Rules and Regulations can be accessed on the homepage of the Suffolk County Legislature. End of Text for Article III 12 of 14 pages -Rev. ' 0/1/13; Law No. -PO- PSAP Agency Agreement Article IV Report Formats Consists of the following three reports: A. Suffolk County Enhanced Claim Form (consists of 2 pages) B. Monthly Expenditure Report (consists of 1 page) C. Enhanced 911 ALI Discrepancy Form (consists of 1 page) Page 13 of 14 Pages Rev. 10/1/13; Law No. -PO- PSAP Agency Agreement Article V Minimum Standards Regarding Direct Dispatch of All emergency Services 21 NYCRR Part 5200 (as may from time to time be amended) Page 14 of 14 Pages NYCRR Part 5201 Minimum Standards Regarding Call-Taker/Dispatcher Training (Statutory Authority: County Law§328) Sec. 5201.1 Definitions 5201.2 Educational Qualifications 5201.3 Basic training standards 5201.4 Annual training standards 5201.5 Specialty training 5201.6 Variances §5201.1 Definitions. (a)"PSAP"means Public Safety Answering Point,a site designated and operated by a governmental entity for the purpose of receiving emergency calls from customers of a wireless telephone service supplier. (b)"Board"means the New York State 911 Board. (c)"Call-taker/dispatcher"means any person employed by or in any local or state government agency either full or part-time whose duties include the answering of emergency telephone calls and/or the dispatching of emergency services personnel. (d) "ESDTEP"means Emergency Services Dispatch Training/Evaluation Program. (e) "Trainer"means any individual designated by the authority to train call-takers/dispatchers. (f) "Trainee"means a call-taker/dispatcher who is currently being trained. (g)"Authority"means the local governmental authority operating the PSAP. § 5201.2 Educational Qualifications. (a)A call-taker/dispatcher shall have obtained a diploma or Regents diploma evidencing completion of a course of study at an accredited high school or secondary school.Alternatively,he or she shall have obtained a General Equivalency Diploma or its equivalent.Provided,any call-taker/dispatcher who commences employment in such capacity prior to January 1,2004 shall not be required to meet this qualification. (b)An applicant for employment as a call-taker/dispatcher shall show proof of the qualification set forth in subdivision(a)of this section, in a form satisfactory to*the hiring authority. § 5201.3 Basic training standards. (a)Emergency Services Dispatch Training Evaluation Program. (1) The authority shall have in place for each PSAP an Emergency Services Dispatch Training/Evaluation Program(ESDTEP).Except for those commencing employment in such capacity prior to January 1,2004,all call-takers/dispatchers must satisfactorily demonstrate competency in the performance criteria established therein. (2) The ESDTEP shall consist of a minimum of 200 hours of training, including, but not Office. (2)The Board may establish a list of approved classroom and related instructional programs which meet the requirements set forth above. (3)Completion time.Every call-taker/dispatcher subject to the training requirements of this section shall satisfactorily complete the classroom and related instruction training set forth above within 12 months of the date of initial appointment. (4)Administrative requirements. The authority shall: (i)maintain accurate and current copies of curricula consisting of course outlines and descriptions,and specific lesson plans for all training courses; (ii)maintain and make available accurate training records of all trainees,including daily written evaluations. (c)Extensions of time. (1)The Board may grant an extension of time for completion of the training required under subdivision(b) of this section under the following conditions: (1) illness; (ii)injury; (iii)military service; (iv) special duty assignment required and performed in the public interest; (v) administrative leave involving the determination of workers' compensation or disability retirement issues,or suspension pending investigation or adjudication of an offense;or (vi)any other reason documented by the authority,which reason shall be specifically described. (2)Prior to the expiration of the time required for completion, the authority shall present written notification that the trainee is unable to complete such training due to one or more of the reasons set forth in paragraph(1)herein,accompanied by appropriate documentation.(3) Any extension of time approved by the Board shall not exceed a single 12-month extension. (d)The training standards set forth in this rule shall be met through attendance at either a recognized training academy or through an in-house training program. Trainees shall be required to attend all classes and shall not be placed on duty or on call during such training except in cases of emergency. § 5201.4 Annual In-Service Training Standards. (a)Effective January 1, 2004, all call-takers/dispatchers shall: (1) within each calendar year, complete a minimum of 21 hours of in-service training consisting of,but not limited to,the following: (1)TTD Devices; (ii) Stress Awareness; (iii) Community Relations; (iv)Legal Updates; (v)Review of Agency Policies and Procedures; and (2) satisfy any and all applicable mandatory re-certifications,including,but not limited,to: (1)Emergency Medical Dispatching; A-2 The following programs meet or exceed the NHTSA EMD approved program of instruction: A-2.1 Priority Dispatch; A-2.2 PowerPhone. PSAP and shall be organized in a hierarchy. (g)All PSAPs shall have on file a written procedure that requires personnel to obey any lawful order of a superior transmitted by any duly authorized agent of that superior,regardless of rank involved, and which establishes procedures to be followed when a conflicting order or directive is received. § 5202.3. Variances. (a) The Board shall have authority to grant variances from the strict provisions of this Part,upon application therefor and upon a showing of (1)unnecessary hardship; and (2) that an alternative measure or method to be adopted will meet the objectives of the standards. (b)In granting such variance,the Board shall provide that such variance shall be for a stated period of time. APPENDIX A Reference Materials for Guidance in Staffing Standards A-1 The Math of Call Center Staffing,Penny Reynolds,ICCM Weekly(Aug. 8,2002). A-2 How Many do We Really Need? A Simple Solution for Determining Staffing, Jennifer Hagstrom,Ed. (Sept. 2000). A-3 Communications Center Staffing Formulas: Old Studies in a New Environment, APCO Int'l. Pub. Safety Commun.,APCO Bulletin,Project(40)RETAINS,Yvonne Klees,Features Ed. (Mar. 2001). A-4 Standard for Public Safety Communications Agencies,Commission on Accreditation for Law Enforcement Agencies. A-5 Standard for Professional Qualifications for Public Safety Telecommunicator, National Fire Protection Agency 1061 (1996 ed.). A-6 Public Safety Answering Point (PSAP) Accreditation Program, Program Standards Manual, New York State Sheriffs'Association. A-7 Staffing formulas as may be provided by telephone service suppliers in the particular jurisdiction. wireless calls using latitude and longitude,if a CAD based mapping solution is used. (c)Mapping program(Other than CAD based). (1)All mapping programs shall be compatible with the IWS system. (2)All mapping programs shall be able to plot and display X and Y coordinates provided by all wireless service providers. (3) All mapping programs shall be regularly updated to reflect changes in the PSAP's coverage area. (4) All mapping systems shall display a map display which can be navigated based on address and location coordinates provided from the PSAP's ALI system. (d)ANI/ALI Operations.All PSAPs shall: (1) have enhanced 911 capability, including Automatic Number Identification (ANI) and Automatic Location Identification(ALI); (2)have the ability to receive 20 digit ANUALI data from all wireless service providers; (3)have dedicated redundant data links to the designated ALI/ANI database providers; (4)have the capability to receive the ANI/ALI information as soon as the call is answered by a call-taker; and (5)have the ability to re-bid for ALI information. (e)Recorder system.The authority shall: (1) ensure that all emergency communications to and from all PSAPs,including telephone and radio transmissions, shall be recorded; (2) have a written policy establishing procedures for the playback and recording of emergency communications; (3)have a written policy for the securing and storage of recordings; (4)establish criteria, and have a written policy for, access to recordings; (5)maintain a schedule for retention of PSAP recordings; and (6)ensure that instant playback units are located at all call-taker positions. (f)Call detail record.All PSAPs shall have the capability to provide an automatic call detail record (ACDR)of every emergency call received,either by recording equipment or CAD log. (g)Telecommunications devices for the deaf(TDD). (1)All PSAPs shall meet all requirements of the Americans with Disabilities Act(ADA), including but not'limited to: (i)direct access for all teletypewriters(TTY); and(ii) equipping of each call-taking position with a TTY or TTY-compatible device. (2)The authority shall have a written procedure for the handling of silent or open line TDD calls. (h)New York Statewide Police Information Network(NYSPIN). (1)All PSAPs shall have direct access to the NYSPIN system. (2)The authority shall have a written procedure for participation in the NYSPIN system. § 5203.6 Variances. (a) The Board shall have authority to grant variances from the strict provisions of this Part,upon application therefor and upon a showing of (1)unnecessary hardship; and (2) that an alternative measure or method to be adopted will meet the objectives of the standards. (b)In granting such variance,the Board shall provide that such variance shall be for a stated period of time. Article IV Report Formats 1 Suffolk County Enhanced Claim Form Page 1 of 2 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. Article IV Report Formats 1 Sffolk County Enhanced Claim Form SUFFOLK COUNTY ENHANCED 911 G�LAIM Page 2 of 2 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. Article IV Report Format 2 Monthly Expenditures Report MONTHLY EXPENDITURE REPORT PROGRAM TITLE: SUFFOLK COUNTY ENHANCED 911 TO: SUFFOLK COUNTY E911 PROGRAM FROM: MONTH Ending: CONTRACT/PROJECT PERIOD: From: To: PROJECT BUDGET CATEGORY BUDGETED AMOUNT EXPENDED THIS MONTH TOTAL CUMULATIVE BALANCE REMAINING Amended S.0 Voucher Submitted Expend. To Date Budget Amend. Requested COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 1 SUPPLIES/MATERIALS $ $ $ $ 2 TRAINING/TRAVEL $ $ $ $ 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. Article IV— Report Formats 3. Enhanced 911 ALI Discrepancy Form Enhanced 9-1-1 SUFFOLK COUNTY ALI Discrepancy FAX COMPLETED FORM TO 852-6610 Originated by:Name Fenke=# For Telco Use PSAP Name County cr rFFpr x Ect rFi Date Time Incorrect Name Incorrect House Number Incorrect Street Incorrect Community Incorrect Location Incorrect ESN Misrouted Call 0 Other(Explain) ] ALI Screen Display" Display Should Read Tel.# Tel# Name Name Address Address Community Community Location Location ESN ESN Other Other "Note: Attach printout of ALI screen if desired. Source of Correction For Telephone Company Use: ALI Data Base Corrected on: Date: By Remarks FAX TO SUFFOLK COUNTY AT 852-6610 h11 "' RESOLUTION 2014-145 ��Nw ADOPTED DOC ID: 9509 ,W THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-145 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 28,2014: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the PSAP Agency Agreement between the Town of Southold and the County of Suffolk in connection with the Enhanced 911 Program, for the period January 1, 2014 through December 31, 2018, at a cost not to exceed $70,000 annually, subject to the approval of the Town Attorney. HCl. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 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 the Town of Southold (PSAP Agency), a New York corporation, located at 21 Ireland Place, Amityville, New York 11701. The parties hereto desire to facilitate the greatest level of 911 service to the residents of Suffolk County by providing the PSAP Agency a share of the surcharge monies remitted to the 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, 2014 through December 31, 2018. Payment Provision: The PSAP shall be paid an amount equal to one-tenth (1/10) of twenty percent (20%) of the actual surcharge moneys remitted to the County by E-911 service providers for calendar year 2014, in accordance with the provisions of Article II. Amounts for each of the calendar years 2015, 2016, 2017 and 2018 shall be calculated in the proportion determined by the Suffolk County E-911 Commission. Terms and Conditions: Shall be as set forth in Article I through V; attached and incorporated herein. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of So d County of Suffolk By: By: Russel Dennis M. Cohen Su rvisor Chief Deputy County Executive Fed. Taxpayerl 11-6001939 Date: Date: 'D � Scottkussell hereby certifies under penalties of Approved: perjury that I am an officer of the Town of Southold, Suffolk County Police Department that I have read and I am familiar with §A5-7 of Article V of the Suffolk County Code, and that the By: Town of Southold eels all requirements to qualify Edward Webber for an exemption under. Police Commissioner By: Sc ussell, Supervisor Date: Approved As To Form Dennis M. Brown, County Attorney Reviewed and Recommended: By: By: Basia Deren Braddish Matthew F. Jones Assistant County Attorney Enhanced 911 Project Coordinator Date: Date: I of 14 pages List of Exhibits Article I General Terms and Conditions 1. PSAP Agency Responsibilities 2. PSAP Agency Personnel 3. Furniture, Fixtures, Equipment, Materials, Supplies 4. 911 Program Records 5. Audit of Books and Records 6. County Supervision 7. Termination Rights 8. Indemnification and Defense 9. Addresses for Notices, Claims, Reports 10. Intergovernmental Coordination 11. Independent Parties 12. Assignment 12. Cost Reduction 13. Merger; No Oral Changes 14. Set-Off Rights 15. Governing Law 16. No Waiver 17. Cooperation on Claims 18. No Intended Third party Beneficiaries Article II Financial Terms and Conditions 1. General Payment Terms 2. Payments Subject to Post-audit Adjustment 3. Contingency 4. Cost Reductions 5. Agreement Subject to Appropriation of Funds 6. Budget Deficit Plans Article III Suffolk County Legislative Requirements 1. Contractor'sNendors Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Work Experience Participation 12. Safeguarding Personal Information of Minors 13. Suffolk County Local Laws Website Address Article IV Report Formats 1. Suffolk County Enhanced Claim Form (2 pages) 2. Monthly Expenditure Report (1 page) 3. Enhanced 911 ALI Discrepancy Form (1 page) Article V Part IV Regulatory Local Laws Chapter 278, Emergency Telephone System 2 of 14 pages Article I General Terms and Conditions 1. PSAP Agency Responsibilities A. The PSAP Agency agrees to provide the services required under this Agreement in a skillful manner, to the best of its ability, and further agrees to comply fully with the rules and regulations, criteria and guidelines for expenditure controls heretofore adopted or to be adopted by the County, as well agreeing to comply with applicable standards imposed by New York State and the County. B. The PSAP Agency is responsible for answering either direct or transferred 911 calls for Emergency Service. I) The PSAP Agency is responsible for insuring that all calls are answered in a timely fashion. it) The PSAP Agency shall be responsible for insuring 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. it!) The PSAP Agency shall have a written policy to handle overflow 911 calls C. In the event a PSAP Agency cannot provide Emergency Medical Dispatch to a 911 caller requiring a response, the call shall be conferenced with County Fire Rescue as soon as possible. D. The PSAP Agency shall transfer all 911 calls originating outside its jurisdiction to the appropriate 911 agency pursuant to existing local practices and protocols. E. The PSAP Agency shall be responsible for assisting in correcting improper address information as displayed by the Enhanced 911 System. All discrepancies should be faxed or e-mailed to the Police Department as soon as possible, by use of a form in substantially the format set forth in Article IV, entitled "Report Formats." F. It shall be the duty of the PSAP Agency to discharge, or cause to be discharged, all of its responsibilities, and to administer funds received in accordance with the provisions of this Agreement. G. The PSAP building, security and back-up procedures shall be in conformance with the minimum standards set forth at 21 NYCRR Part 5203 H. The PSAP Agency shall not take any action that is inconsistent with the provisions of this Agreement. 2. PSAP Agency Personnel A. The PSAP Agency represents and warrants that it has and shall continually possess during the term, and that its employees, agents and subcontractors have and shall continually possess during the term, the required education, knowledge, experience and character necessary to qualify them individually for the particular duties they perform, including compliance with the minimum standards regarding basic training for all call-takers/dispatchers, as set forth in 21 NYCRR Part 5201. B. The PSAP Agency agrees that it shall maintain on file, in one location in Suffolk County, all records that demonstrate that it has complied with subparagraph (A) above. Such documentation shall be kept, maintained and available for inspection by the County upon twenty-four(24) hours notice 3 of 14 pages C. The PSAP Agency shall 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. D. D. The PSAP shall comply with minimum standards regarding staffing of public safety answering points, as set forth in 21 NYCRR Part 5202. 3. Furniture, Fixtures, Equipment, Materials, Supplies A. The PSAP shall comply with minimum standards regarding equipment, as set forth in 21 NYCRR Part 5203 B. Purchase Practices L 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. C. 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 received by the PSAP Agency pursuant to the terms of this Agreement or any prior agreements. Upon i) the termination of this Agreement or of any subsequent renewal thereof, ii) the discontinuance of the business of the PSAP Agency, iii) the failure of the PSAP Agency to comply with the terms of this Agreement, iv) the bankruptcy of the PSAP Agency, v) an assignment for the benefit of its creditors, or vi) 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. D. 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, pursuant to Chapter 441 of the Suffolk County Code. 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 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 of 14 pages E. 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. F. 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. 4. 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 C, but shall not necessarily be limited to the information specified therein. 5. Audit of Books and Records A. The PSAP Agency agrees to keep the books of account and records, and other evidence pertaining to operations under this Agreement, and to establish a system of bookkeeping and accounts which are in accordance with generally accepted real estate practice. All of the books and records shall be physically located in the PSAP Agency's office located in New York State and shall be retained for three (3) years after the end of this Agreement. B. The PSAP Agency shall permit inspection of the books and records described in paragraph 5(A) above by the Commissioner of the Department of Police and the Suffolk County Comptroller (the "Comptroller") and shall be made available for reasonable audit by the Comptroller or his duly designated representative. Such access shall be granted notwithstanding any exemption from disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade secrets and commercial information, or financial information that is privileged or confidential 6. 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 F). 7. 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 5 of 14 pages Agency may terminate this Agreement at its option by giving sixty (60) days prior written notice to the County by registered or certified mail. Upon Termination, the PSAP Agency shall discontinue services. 8. Indemnification and Defense A. To the fullest extent permitted by law, the PSAP Agency agrees that it shall keep, save and hold harmless and defend the County, its officers, officials, employees, contractors, and agents, of and from any and all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorney's fees, for anything and everything whatsoever to the extent arising from any fault or negligence by the PSAP Agency, its officers, officials, employees, contractors, agents, or representatives in connection with this Agreement, or any failure on the PSAP Agency's part to comply with any of the covenants, terms and conditions contained in this Agreement. B. To the fullest extent permitted by law, the County shall keep, save and hold harmless and defend the PSAP Agency of and from any and all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorney's fees, for anything and everything whatsoever to the extent arising from any fault or negligence by the County, its officers, officials, employees, contractors, agents, or representatives in connection with this Agreement, or any failure on County's part to comply with any of the covenants, terms and conditions contained in this Agreement 9. 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 County or PSAP Agency or their designated representative at the following addresses or at such other address that may be specked 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: Southold Town Police Department, Chief of Police 41405 State Rt. 25 Southold, NY 11971 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 Commissioner 30 Yaphank Ave Yaphank, NY 11980 and Suffolk County Attorney Suffolk County Department of Law H. Lee Dennison Building 6 of 14 pages 100 Veterans Memorial Highway Hauppauge, New York 11788 For the PSAP Agency: Southold Town Hall Scott Russell, Supervisor 53095 Main Road Southold, NY 11971 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). 10. Intergovernmental Coordination The PSAP Agency shall coordinate all liaisons with units of federal, state and local governments in connection with the program through the Department. 11. Independent Party The PSAP Agency is not, and shall never be, considered an employee of the County for any purpose. Notwithstanding anything contained in this Agreement, the PSAP Agency shall not be construed as creating a principal-agent relationship between the County and the PSAP Agency or the PSAP Agency and the County, as the case may be. 12. 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. 13. Merger; No Oral Changes It is expressly agreed that this Agreement represents the entire agreement of the parties and that all previous understandings are merged in this Agreement. No modification of the Agreement shall be valid unless written and executed by both parties. 14. 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. 15. Governing Law 7 of 14 pages The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of laws. Venue shall be designated in the Supreme court, Suffolk county, the united States District Court for the Eastern district of new York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. 16. No Waiver It shall not be construed than any failure or forbearance of either party to enforce any provision of this Agreement in any particular instance or instances is a waiver of that provisions. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. 17. Cooperation on Claims The PSAP Agency and the County shall render diligently to each other, without compensation, any and all cooperation that may be required to defend the other party, its employees and designated representatives, against any claim, demand or action that may be brought against the other party, its employees or designated representatives arising out of, or in connection with this Agreement. 18. No Intended Third party Beneficiaries The Agreement is entered into solely for the benefit of the County and the PSAP Agency. No third party shall be deemed a beneficiary of the Agreement and no third party shall have the right to make any claim or assert any right under the Agreement. End of Text for Article I 8 of 14 pages Article II Financial Terms and Conditions 1. General Payment Terms Pursuant to Chapter 441 of the Suffolk County Code, the County shall pay the PSAP Agency quarterly, within sixty (60) days of the end of each quarter. The amount paid to the PSAP Agency shall be calculated based upon actual surcharge moneys remitted to the County by the service providers under Chapter 441 of the Suffolk County Code, in the proportions determined by the Suffolk County E-911 Commission. Adjustments shall be made to the quarterly payments to reflect actual surcharge monies remitted to the County. The PSAP Agency recognizes that the County is a municipal corporation whose financial obligations are strictly regulated by statute. In order for payment to be made by the County to the PSAP for the services under this Agreement, the PSAP Agency must prepare and present a Suffolk County Payment Voucher, which shall be documented by sufficient, competent and evidential matter. Once submitted by the PSAP Agency, the PSAP Agency shall have satisfied its obligation to request payment hereunder. Each Suffolk County Payment Voucher submitted for payment is subject to Audit at any time during the term or any extension thereof. This provision shall survive expiration or termination of this Agreement for a period of not less than seven (7) years, and access to records shall be as set for thin paragraph of this Agreement. 2. 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. 3. 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 applicable County Operating Budget year. 4. 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". 5. Agreement Subject to Appropriation of Funds This Agreement is subject to the amount of funds appropriated each fiscal year 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 and actually collected. 6. 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. 9 of 14 pages Article III 3. Use of County Resources to Interfere with Suffolk County Legislative Requirements Collective Bargaining Activities It shall be the duty of the Contractor to read, become 1. Contractor's/Vendor's Public Disclosure Statement familiar with, and comply with the requirements of Article I of Chapter 803 of the Suffolk County Code. It shall be the duty of the Contractor to read, become familiar with,and comply with the requirements of section County Contractors (as defined by section 803-2) shall A5-7 of Article V of the Suffolk County Code. comply with all requirements of Chapter 803 of the Suffolk County Code,including the following prohibitions: Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-7 of Article V a. The Contractor shall not use County funds to of the Suffolk County Code,the Contractor represents and assist,promote,or deter union organizing. warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County b. No County funds shall be used to reimburse the Administrative Code Article V, section A5-7 and shall file Contractor for any costs incurred to assist, an update of such statement with the Comptroller on or promote,or deter union organizing. before the 31st day of January in each year of the Contract's duration. The Contractor acknowledges that c. No employer shall use County property to hold a such filing is a material, contractual and statutory duty and meeting with employees or supervisors if the that the failure to file such statement shall constitute a purpose of such meeting is to assist, promote,or material breach of the Contract,for which the County shall deter union organizing. be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal If the Services are performed on County property, the remedies, of fifteen percent (15%) of the amount of the Contractor must adopt a reasonable access agreement, a Contract. neutrality agreement, fair communication agreement, non. intimidation agreement, and a majority authorization card Required Form: agreement. Suffolk County Form SCEX 22; entitled "Contractor'sfVendor's Public Disclosure Statement" If the Services are for the provision of human services and are not to be performed on County property,the Contractor 2. Living Wage Law - must adopt,at the least,a neutrality agreement. It shall be the duty of the Contractor to read, become Under the provisions of Chapter 803,the County shall have familiar with,and comply with the requirements of Chapter the authority,under appropriate circumstances,to terminate 575,of the Suffolk County Code. the Contract and to seek other remedies as set forth therein, for violations of this Law. This Contract is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific Required Form: exemptions apply,all employers(as defined)under service Suffolk County Labor Law Form DOL-LOI; entitled "Suffolk County Department contracts and recipients of County financial assistance, (as iclaration - Subject defined) shall provide payment of a minimum wage to Unit Union Organizing Certification/Declaration Laboration/DecLabor Mediation to Audit" 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 4. Lawful(firing of Employees Law Suffolk.Under the provisions of the Living Wage Law,the County shall have the authority, under appropriate It shall be the duty of the Contractor to read, become circumstances,to terminate the Contract and to seek other familiar with, and comply with the requirements of Article remedies as set forth therein,for violations of this Law. I1 of Chapter 353 of the Suffolk County Code. Required Forms: This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered Suffolk County Living Wage Form LW-1;entitled"Suffolk employers,(as defined),and the owners thereof;as the case County Department of Labor—Living Wage Unit Notice of may be, that are recipients of compensation from the Application for County Compensation(Contract)." County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, Suffolk County Living Wage Form LW-38; entitled subcontract, license agreement, lease or other financial "Suffolk County Department of Labor—Living Wage Unit compensation agreement issued by the County or an Living Wage Certification/Declaration — Subject To awarding agency, where such compensation is one hundred Audit" percent (100°/x) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied,in good faith,with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees(as defined) and with respect 10 of 14 pages to the alien and nationality status of the owners thereof 5. Gratuities The affidavit shall be executed by an authorized representative of the covered employer or owner, as the It shall be the duty of the Contractor to read, become case may be; shall be part of any executed contract, familiar with,and comply with the requirements of Chapter subcontract, license agreement, lease or other financial 664 of the Suffolk County Code. compensation agreement with the County; and shall be made available to the public upon request. The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or All contractors and subcontractors (as defined) of covered employers,and the owners thereof,as the case may be,that agent of the County or the State c in any political party, y with the purpose or intent of securing an agreement or are assigned to perform work in connection with a County securing favorable treatment with respect to the awarding contract, subcontract, license agreement, lease or other or amending of an agreement or the making of any financial compensation agreement issued by the County or determinations with respect to the performance of an awarding agency,where such compensation is one hundred agreement percent (100%)funded by the County, shall submit to the covered employer a completed sworn affidavit (under 6. Prohibition Against Contracting with Corporations penalty of pedury), the form of which is attached, that Reincorporate Overseas certifying that they have complied, in good faith, with the requirements of Titre 8 of the United States Code Section It shall be the duty of the Contractor to read, become 1324a with respect to the hiring of covered employees and familiar with,and comply with the requirements of sections with respect to the alien and nationality status of the owners A4-13 and A4-14 of Article IV of the Suffolk County thereof,as the case may be. The affidavit shall be executed Code. by an authorized representative of the contractor, subcontractor,or owner,as the case may be;shall be part of The Contractor represents that it is in compliance with any executed contract, subcontract, license agreement, sections A4-13 and A4-14 of Article IV of the Suffolk lease or other financial compensation agreement between County Code. Such law provides that no contract for the covered employer and the County; and shall be made consulting services or goods and services shall be awarded available to the public upon request. by the County to a business previously incorporated within An updated affidavit shall be submitted by each such the U.S.A.that has reincorporated outside the U.S.A. employer,owner,contractor and subcontractor no later than 7. Child Sexual Abuse Reporting Policy January 1 of each year for the duration of any contract and upon the renewal or amendment of the Contract, and It shall be the duty of the Contractor to read, become whenever a new contractor or subcontractor is hired under the terms of the Contract. familiar with, and comply with the requirements of Article B of Chapter 880 of the Suffolk County Code. The Contractor acknowledges that such filings are a material,contractual and statutory duty and that the failure The Contractor shall comply with Article II of Chapter 880, to file any such statement shall constitute a material breach of the Suffolk County Code, entitled"Child Sexual Abuse of the Contract Reporting Policy,"as now in effect or amended hereafter or of any other Suffolk County Local Law that may become Under the provisions of the Lawful Hiring of Employees applicable during the term of the Contract with regard to Law, the County shall have the authority to terminate the child sexual abuse reporting policy. Contract for violations of this Law and to seek other remedies available under the law. 8. Non Responsible Bidder The documentation mandated to be kept by this law shall at It shall be the duty of the Contractor to read, become all times be kept on site. Employee sign-in sheets and familiar with,and comply with the requirements of Article register/log books shall be kept on site at all times during B of Chapter 189 of the Suffolk County Code. working hours and all covered employees,as defined in the law, shall be required to sign such sign-in Upon signing the Contract, the Contractor certifies that it sheets/register/log books to indicate their presence on the has not been convicted of a criminal offense within the last site during such working hours. ten(10)years. The term"conviction"shall mean a finding of guilty after a trial or a plea of guilty to an offense Required Forms: covered under section 189-5 of the Suffolk County Code under"Nonresponsible Bidder." Suffolk County Lawful Hiring of Employees Law Form LIE-1; entitled "Suffolk County Department of Labor— 9. Use of Funds in Prosecution of Civil Actions Notice Of Application To Certify Compliance With Federal Prohibited Law (8 U.S.C. Section 1324a) With Respect To Lawful Hiring of Employees." It shall be the duty of the Contractor to read, become familiar with,and comply with the requirements of Article Suffolk County Lawful Hiring of Employees Law Form III of Chapter 893 of the Suffolk County Code. LITE-2; entitled "Affidavit Of Compliance With The Requirements Of 8 U.S.C. Section 1324a With Respect To The Contractor shall not use any of the moneys, in part or Lawful Hiring Of Employees" in whole, and either directly or indirectly, received under the Contract in connection with the prosecution of any civil 11 of 14 pages action against the County in any jurisdiction or any judicial or administrative forum. 10. Youth Sports It shall be the duty of the Contractor to read, become familiar with, and comply with Article III of Chapter 730 of the Suffolk County Code. All contract agencies that conduct youth sports programs are required to develop and maintain a written plan or policy addressing incidents of possible or actual concussion or other head injuries among sports program participants. Such plan or policy must be submitted prior to the award of a County contract, grant or funding. Receipt of such plan or policy by the County does not represent approval or endorsement of any such plan or policy, nor shall the County.be subject to any liability in connection with any such plan or policy. 11. Work Experience Participation If the Contractor is a not-for-profit or governmental agency or institution, each of the Contractor's locations in the County at which the Services are provided shall be a work site for public-assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all times during the Tenn of the Contract. If no Memorandum of Understanding ("MOU") with the Suffolk County Department of Labor for work experience is in effect at the beginning of the Term of the Contract,the Contractor, if it is a not-for-profit or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract,for which the County may withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the circumstances. 12. Safeguarding Personal Information of Minors It shall be the duty of the Contractortoread, become familiar with,and comply with the requirements of Suffolk County Local Law No.20-2013,a Local Law to Safeguard the Personal Information of Minors in Suffolk County. All contract agencies that provide services to minors are required to protea the privacy of the minors and are strictly prohibited from selling or otherwise providing to any third party, in any manner whatsoever, the personal or identifying information of any minor participating in their programs. 13. Suffolk County Local Laws Website Address Suffolk County Local Laws,Rules and Regulations can be accessed on the homepage of the Suffolk County Legislature. End of Text for Article III 12 of 14 pages Rev.•10/1/13; Law No. -PO- PSAP Agency Agreement Article IV Report Formats Consists of the following three reports: A. Suffolk County Enhanced Claim Form (consists of 2 pages) B. Monthly Expenditure Report(consists of 1 page) C. Enhanced 911 ALI Discrepancy Form (consists of 1 page) Page 13 of 14 Pages Rev. 10/1/13; Law No. -PO- PSAP Agency Agreement Article V Minimum Standards Regarding Direct Dispatch of All emergency Services 21 NYCRR Part 5200 (as may from time to time be amended) Page 14 of 14 Pages NYCRR Part 5201 Minimum Standards Regarding Call-Taker/Dispatcher Training (Statutory Authority: County Law§328) Sec. 5201.1 Definitions 5201.2 Educational Qualifications 5201.3 Basic training standards 5201.4 Annual training standards 5201.5 Specialty training 5201.6 Variances §5201.1 Definitions. (a)"PSAP"means Public Safety Answering Point,a site designated and operated by a governmental entity for the purpose of receiving emergency calls from customers of a wireless telephone service supplier. (b) "Board"means the New York State 911 Board. (c)"Call-taker/dispatcher"means any person employed by or in anylocal or state government agency either full or part-time whose duties include the answering of emergency telephone calls and/or the dispatching of emergency services personnel. (d) "ESDTEP"means Emergency Services Dispatch Training/Evaluation Program. (e) "Trainer" means any individual designated by the authority to train call-takers/dispatchers. (f) "Trainee"means a call-taker/dispatcher who is currently being trained. (g)"Authority"means the local governmental authority operating the PSAP. § 5201.2 Educational Qualifications. (a)A call-taker/dispatcher shall have obtained a diploma or Regents diploma evidencing completion of a course of study at an accredited high school or secondary school.Alternatively,he or she shall have obtained a General Equivalency Diploma or its equivalent.Provided,any call-taker/dispatcher who commences employment in such capacity prior to January 1,2004 shall not be required to meet this qualification. (b)An applicant for employment as a call-taker/dispatcher shall show proof of the qualification set forth in subdivision(a) of this section,in a form satisfactory to the hiring authority. § 5201.3 Basic training standards. (a)Emergency Services Dispatch Training Evaluation Program. (1) The authority shall have in place for each PSAP an Emergency Services Dispatch Training/Evaluation Program(ESDTEP).Except for those commencing employment in such capacity prior to January 1,2004,all call-takers/dispatchers must satisfactorily demonstrate competency in the performance criteria established therein. (2)The ESDTEP shall consist of a minimum of 200 hours of training, including, but not limited,to: (i) specific performance criteria; (ii)daily written evaluations; (iii) observation of the trainee while interacting with the public and all relevant public safety agencies and organizations serviced by the PSAP. (3)A call-taker/dispatcher who is otherwise subject to the training requirements set forth in this section, but who has been previously employed in such capacity, may in lieu of completing the training requirements, show competency in specific performance areas pursuant to a protocol established by the employing jurisdiction. (4)Completion time.Every call-taker/dispatcher subject to the training requirements ofthis section shall satisfactorily complete the ESDTEP training program: (i)within 18 months of the date of initial appointment for persons employed more than 20 hours per week; or (ii) within 24 months of the date of initial appointment for persons employed 20 hours per week or less. (5)Supervision. (i)The ESDTEP program training shall occur under the immediate supervision of a competent trainer. (ii) Call-takers/dispatchers shall not be assigned to unsupervised duty until the training is satisfactorily completed. (6)Administrative requirements. The authority shall: (i)maintain accurate and current copies of curricula consisting of course outlines and descriptions, and specific lesson plans for all training courses; (ii)maintain and make available accurate training records of all trainees,including daily written evaluations. (b)Classroom and related instruction. (1)In addition to the ESDTEP program training,all call-takers/dispatchers shall complete the following: (i)a course of classroom instruction consisting of a minimum of 40 hours,including but not limited to,the following topics: (a)Roles and Responsibilities; (b)Legal Aspects; (c)Interpersonal Communications; (d)Technologies; (e)Telephone Techniques; (f)Call Classification; (g)Radio Communications; (h)Stress Management;and (ii)a course of study in Incident Command System,to include,but not be limited,to the ICS 100 course available from the New York State Emergency Management Office. (2)The Board may establish a list of approved classroom and related instructional programs which meet the requirements set forth above. (3)Completion time.Every call-taker/dispatcher subject to the training requirements of this section shall satisfactorily complete the classroom and related instruction training set forth above within 12 months of the date of initial appointment. (4)Administrative requirements. The authority shall: (i)maintain accurate and current copies of curricula consisting ofcourse outlines and descriptions,and specific lesson plans for all training courses; (ii)maintain and make available accurate training records of all trainees,including daily written evaluations. (c)Extensions of time. (1)The Board may grant an extension of time for completion of the training required under subdivision(b)of this section under the following conditions: (i) illness; (ii)injury; (iii)military service; (iv)special duty assignment required and performed in the public interest; (v) administrative leave involving the determination of workers' compensation or disability retirement issues,or suspension pending investigationor adjudication of an offense;or (vi)any other reason documented by the authority,which reason shall be specifically described. (2) Prior to the expiration of the time required for completion, the authority shall present written notification that the trainee is unable to complete such training due to one or more of the reasons set forth in paragraph(1)herein,accompanied by appropriate documentation.(3) Any extension of time approved by the Board shall not exceed a single 12-month extension. (d)The training standards set forth in this rule shall be met through attendance at either a recognized training academy or through an in-house training program. Trainees shall be required to attend all classes and shall not be placed on duty or on call during such training except in cases of emergency. § 5201.4 Annual In-Service Training Standards. (a) Effective January 1,2004, all call-takers/dispatchers shall: (1) within each calendar year, complete a minimum of 21 hours of in-service training consisting of,but not limited to,the following: (r)TTD Devices; (ii) Stress Awareness; (iii)Community Relations; (iv)Legal Updates; (v)Review of Agency Policies and Procedures; and (2)satisfy any and all applicable mandatory re-certifications,including,but not limited,to: (t)Emergency Medical Dispatching; (ii)New York Statewide Police Information Network. (b) No call-taker/dispatcher who shall have failed to satisfy the Annual In-Service Training Standards set forth herein for any calendar year shall be eligible for, or be assigned to,duty in any subsequent calendar year. (c)The Annual In-Service Training Standards set forth in this rule shall be met through attendance at either a recognized training academy or through an in-house training program. (d)Administrative requirements.The authority shall: (1) maintain accurate and current copies of curricula consisting of course outlines and descriptions, and specific lesson plans for all training courses; (2) maintain and make available accurate training records of all trainees, including daily written evaluations. §5201.5 Specialty training. (a)The authoritymay identify positions forwhich specialized technical and job-specific training is to be required,and shall require completion of such training pursuant to the protocol established within that job specialty. (b)If the authority has established an Emergency Medical Dispatch(EMD)program at any PS AP, such program shall include and require instruction which meets or exceeds the standard established by the National Highway Traffic Safety Administration(NHTSA)approved program of instruction. All persons employed therein shall complete training for such program within 12 months of the date of appointment.The Board may establish a list of approved EMD training programs. §5201.6 Variances. (a) The Board shall have authority to grant variances from the strict provisions of this Part, upon application therefor and upon a showing of (1)unnecessary hardship;and (2) that an alternative measure or method to be adopted will meet the objectives of the standards. (b)In granting such variance,the Board shall provide that such variance shall be for a stated period of time. APPENDIX A A-I The following courses of instruction meet or exceed the classroom instruction requirements set forth in 21 NYCRR§5201.3(b): A-1.1 Association of Public Safety Communications Officials Basic Telecommunicator Course, Fourth Edition,Version 3 (2000). A-1.2 National Academies of Emergency Dispatch,Emergency Telecommunicator Manual,Edition 1 (2001). A-1.3 New York State Municipal Police Training Council, Public Safety Telecommunicator's Course. A-2 The following programs meet or exceed the NHTSA EMD approved program of instruction: A-2.1 Priority Dispatch; A-2.2 PowerPhone. 21 NYCRR Part 5202 Minimum Standards Regarding Staffing of Public Safety Answering Points (Statutory Authority: County Law§328) 5202.1 Definitions 5202.2 Standards 5202.3.Variances §5202.1 Defmitions. (a)"PSAP"means Public Safety Answering Point,a site designated and operated bya governmental entity for the purpose of receiving emergency calls from customers of a wireless telephone service supplier. (b)"W-911"means wireless 911_ (c)"Call-taker/dispatcher"means any person employed by or in any local or state government agency either full or part-time whose duties include the answering of emergency telephone calls and/or the dispatching of emergency services personnel. (d)"Certified"means having a formal program of related instruction and testing as provided either by a recognized organization or by the authority having jurisdiction over the PSAP. (e)"Qualified"means that the employee has been properly trained and credentialed pursuant to all applicable laws and regulations. §5202.2 Standards. (a)All PSAPs shall be staffed twenty-four(24)hours a day,seven(7)days a week,by a minimum of two(2)qualified,certified call-takers/dispatchers. (b)All PSAPs shall have staffing adequate to answer ninety percent(90%)of all incoming W-911 calls within ten seconds of connection. (c)All W-911 requests shall be dispatched immediately,or as soon thereafter as possible within the practicalities of responding to other 911 calls, in accordance with the PSAP's written policies and procedures for prioritizing service needs. (d)All PSAPs shall have the following on file: (1)a written job description for each job title staffed by the PSAP; (2)a written procedure for the emergency recall of off-duty employees; (3)a written procedure for quality control of services; (4) a written policy and procedure for, or equivalent measures to assess, employee performance; and (5)a written policy and procedure for the handling of customer complaints. (e) All employees assigned to call-taker and/or dispatcher duties shall meet minimum training standards as required by the New York State 911 Board. (f)All PSAPs shall have on file an organizational chart that is current and available to all personnel. The chart shall reflect the chain of command and lines of authority for communications within the PSAP and shall be organized in a hierarchy. (g)All PSAPs shall have on file a written procedure that requires personnel to obey any lawful order of a superior transmitted by any duly authorized agent of that superior,regardless of rank involved, and which establishes procedures to be followed when a conflicting order or directive is received. § 5202.3. Variances. (a) The Board shall have authority to grant variances from the strict provisions of this Part,upon application therefor and upon a showing of (1)unnecessary hardship; and (2) that an alternative measure or method to be adopted will meet the objectives of the standards. (b)In granting such variance,the Board shall provide that such variance shall be for a stated period of time. APPENDIX A Reference Materials for Guidance in Staffing Standards A-1 The Math of Call Center Staffing,Penny Reynolds, ICCM Weekly(Aug. 8,2002). A-2 How Many do We Really Need? A Simple Solution for Determining Staffing, Jennifer Hagstrom,Ed. (Sept.2000). A-3 Communications Center Staffing Formulas: Old Studies in a New Environment,APCO Intl. Pub.Safety Commun.,APCO Bulletin,Project(40)RETAINS,Yvonne Klees,Features Ed.(Mar. 2001). A-4 Standard for Public Safety Communications Agencies,Commission on Accreditation for Law Enforcement Agencies. A-5 Standard for Professional Qualifications for Public Safety Telecommunicator, National Fire Protection Agency 1061 (1996 ed.). A-6 Public Safety Answering Point(PSAP) Accreditation Program, Program Standards Manual, New York State Sheriffs'Association. A-7 Staffing formulas as may be provided by telephone service suppliers in the particular jurisdiction. 21 NYCRR Part 5203 Minimum Standards Regarding Equipment, Facilities and Security for Public Safety Answering Points (Statutory Authority: County Law§328) 5203.1 Definitions 5203.2 Equipment 5203.3 Building 5203.4 Security 5203.5 General 5203.6 Variances § 5203.1 Definitions. (a)"PSAP"means Public SafetyAnswering Point,a site designated and operated by a governmental entity for the purpose of receiving emergency calls from customers of a wireless telephone service supplier. (b) "IWS"means Intelligent Work Station. (c)"CAD"means Computer Aided Dispatch. (d)"ANI"means Automatic Number Identification. (e) "ALI"means Automatic Location Identification. (f) "WSP"means Wireless Service Provider. (g) "ACDR'means Automatic Call Detail Record. (h) "Authority"means the local governmental authority operating the PSAP. (i) "TDD"means Telecommunication Device for the Deaf. 0) "TTY"means Teletypewriters. (k) "NYSPIN"means New York Statewide Police Information Network. (1) "Re-Bid" means the ability to request updated ALI information as needed to plot latitude and longitude coordinates. § 5203.2 Equipment. (a)Intelligent Workstations(IWS). (1)All PSAPs shall have the ability to integrate multiple systems(CAD,IWS,and Mapping) into one operational system. (2)All PSAPs shall have the ability to accept and process 10 digits of ANI information or 20 digits(10 ANI& 10 pANI)of ALI information. (b) Computer Aided Dispatch(CAD) System. (1)A PSAP's CAD system shall accommodate call volumes and other sizing parameters as required by the authority. (2) A PSAP's computer system shall provide operational capabilities as required by the authority. (3) A PSAP's CAD system shall have the capabilities of displaying the location of all wireless calls using latitude and longitude,if a CAD based mapping solution is used. (c) Mapping program(Other than CAD based). (1)All mapping programs shall be compatible with the IWS system. (2)All mapping programs shall be able to plot and display X and Y coordinates provided by all wireless service providers. (3) All mapping programs shall be regularly updated to reflect changes in the PSAP's coverage area. (4) All mapping systems shall display a map display which can be navigated based on address and location coordinates provided from the PSAP's ALI system. (d)ANI/ALI Operations. All PSAPs shall: (1) have enhanced 911 capability, including Automatic Number Identification (ANI) and Automatic Location Identification(ALI); (2)have the ability to receive 20 digit ANUALI data from all wireless service providers; (3)have dedicated redundant data links to the designated ALI/ANI database providers; (4)have the capability to receive the ANI/ALI information as soon as the call is answered by a call-taker;and (5)have the ability to re-bid for ALI information. (e)Recorder system. The authority shall: (1)ensure that all emergency communications to and from all PSAPs,including telephone and radio transmissions, shall be recorded; (2) have a written policy establishing procedures for the playback and recording of emergency communications; (3)have a written policy for the securing and storage of recordings; (4)establish criteria,and have a written policy for, access to recordings; (5)maintain a schedule for retention of PSAP recordings; and (6)ensure that instant playback units are located at all call-taker positions. (f)Call detail record.All PSAPs shall have the capability to provide an automatic call detail record (ACDR)of every emergency call received,either by recording equipment or CAD log. (g)Telecommunications devices for the deaf(TDD). (1) All PSAPs shall meet all requirements of the Americans with Disabilities Act(ADA), including but not limited to: (i)direct access for all teletypewriters (TTY); and(ii) equipping of each call-taking position with a TTY or TTY-compatible device. (2)The authority shall have a written procedure for the handling of silent or open line TDD calls. (h)New York Statewide Police Information Network(NYSPIN). (1)All PSAPs shall have direct access to the NYSPIN system. (2)The authority shall have a written procedure for participation in the NYSPIN system. W System service.The authority shall have a service agreement or agreements for all PSAPs,for the timely repair of equipment. 6) System clock. (1) All PSAPs shall have a time synchronization package for the purpose of coordinating system-wide timing among the various 911 systems and support systems. (2) The time synchronization package shall provide the means for wireless enhanced 911 systems,CAD systems,recorders,display clocks,and all other automated systems containing clocks to operate on the same time source. (3)All system clocks shall automatically adjust for Daylight Savings Time and leap second, and shall have a time zone offset for UTC(Universal Coordinated Time). §52033 Building. (a)Fire protection.All PSAPs shall comply with the New York State Uniform Fire Prevention and Building Code. (b)Facility power. (1)All PSAPs shall have an engine driven generator as an emergency source of power. (2)All PSAPs shall have an uninterruptible power system(UPS)which shall maintain the power connection during the transition from commercial power to the standby generator power for critical systems and applications. (3)The authority shall have a written procedure for the testing of standby power sources. (4)The authority shall conduct documented inspections and testing ofstandbypower sources at least monthly. (c)Facility hours of operation.All PSAPs shall be fully operational 24 hours a day, 7 days a week, and 365 days a year(366 days during leap year). § 5203.4 Security. (a)Facility access. (1)All PSAPs shall be locked and secured from intrusion. (2)Access to a PSAP shall be restricted to authorized persons only. (b) System protection. All PSAPs shall be equipped with software protection as required by the authority. §5203.5 General. (a)Backup site. The authority shall: (1)maintain a redundant backup PSAP site,wired and ready,for use in case of the necessity to vacate the primary PSAP; (2)have a written procedure for evacuating the primary PSAP and transfer of operations to the backup site; and (3)document the testing of the backup site on a quarterly basis. (b)Overflow calls.The authority shall have a written policy to handle overflow ofwireless 911 calls. §5203.6 Variances. (a) The Board shall have authority to grant variances from the strict provisions of this Part,upon application therefor and upon a showing of (1)unnecessary hardship;and (2) that an alternative measure or method to be adopted will meet the objectives of the standards. (b)In granting such variance,the Board shall provide that such variance shall be for a stated period of time. Article IV Report Formats 1 Suffolk County Enhanced Claim Form Page 1 of 2 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. Article IV Report Formats 1 SUFFOLK COUNTY ENHANCED 911 s1,ffo�Iklf�Qunty Enhanced Claim Form GG M Page 2 of 2 MONTH OF 120 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 PAYEEICOMPANY 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 PAYEEICOMPANY 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. Article IV Report Format 2 Monthly Expenditures Report MONTHLY EXPENDITURE REPORT PROGRAM TITLE: SUFFOLK COUNTY ENHANCED 911 TO: SUFFOLK COUNTY E911 PROGRAM FROM: MONTH Ending: CONTRACT/PROJECT PERIOD: From: To: PROJECT BUDGET CATEGORY BUDGETED AMOUNT EXPENDED THIS MONTH TOTAL CUMULATIVE BALANCE REMAINING Amended S.0 Voucher Submitted Ex end. To Date Budget Amend. Requested COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 1 SUPPLIES/MATERIALS $ $ $ $ 2 TRAINING/TRAVEL $ $ $ $ 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.