Contract - 04-18-2017 - 8694 - Amendment to Contract #E17-011 for Reimbursement of FY2017 WAC Eligible Enhanced 911 Expenses.AS -8694
BOCC Agenda
Meeting Date: 04/18/2017
Motion Items 11.
Amendment to Contract #E17 -011 for Reimbursement of FY2017 WAC Eligible Enhanced 911 Expenses
Submitted For: Deanna Wells, 911 Communications Center
Submitted By: Tiffany Ostreim, Commissioners Office
Department: 911 Communications Center
Information
Subject and Summary Statement
The State of Washington Enhanced 911 Program offers financial assistance to counties operating the Enhanced 911 System.
Cowlitz County is eligible to receive reimbursement of certain expenses as described in WAC 118 -66 -050 and E911 Policies for
the contract period covering July 1, 2016 through June 30, 2017.
Cowlitz County 911 Communications Center applied for and was awarded financial assistance in the amount of $48,075. In
order to receive these funds it is necessary to have a signed contract on file with the Emergency Management Division of the
Washington State Military Department.
State of Washington is de- obligating $3,000 in funds reducing the total amount of award to $45,075.
Will Staff Attend Y / N
No
Department Recommendation
The 911 Center Director recommends the Board of County Commissioners approve and authorize the Chair to sign Amendment
A with the State of Washington Military Department which is de- obligating $3,000 of the original $48,075 for a total of $45,075
for the contract period of July 1, 2016 through June 30, 2017. It is further recommended that the Board authorize the Chair
and /or the Cowlitz County 911 Director to sign all requests for reimbursement related to this contract.
Fiscal Impact
Expenditure Required $: 48075.00
Budget SufficientY -N: Y
Amendment Required Y -N: N
Source of Funds - Fund /Dept.: 41201/535100
Grant Y -N:
Amendment A
SFY2017 CPD Contract #E17 -011
N
Attachments
Form Review
Inbox Reviewed By Date
Deanna Wells Deanna Wells 04/12/2017 03:49 PM
Dana Gigler
Clerk of the Board (Originator)
Farm Started By: Tiffany Ostreim Started On 04/12/2017 03 :27 PM
E911 County Coordinator Professional Development Contract SFY 2017
AMENDMENT
1. CONTRACTOR NAME /ADDRESS: 2. CONTRACT NUMBER: 3, AMENDMENT NUMBER:
Cowlitz County (COUNTY) E17 -011 A
312 SW 1st Avenue
Kelso, Washington 98626
4. CONTRACTOR CONTACT, PHONE /EMAIL: 5. MD STAFF CONTACT, PHONE /EMAIL:
Deanna Wells/360.414.5517 Teresa C Lewis /253- 512 -7481
wellsd @co.cowlitz.wa.us teresa.lewis @mil.wa.gov
6. TIN or SSN: 7. CATALOG OF FEDERAL DOMESTIC 8. FUNDING SOURCE NAME /AGREEMENT #:
91- 6001310 ASST. (CFDA) #: NONE E911 County/WSP Contracts
9. FUNDING AUTHORITY:
Washington State Military Department (DEPARTMENT) and RCW 38.52.510, .540, .545 / WAC 118 -66
Enhanced 911
10. DESCRIPTION /JUSTIFICATION OF AMENDMENT, MODIFICATION, OR CHANGE ORDER:
This amendment is necessary to adjust the funds in the Budget Sheet (Attachment E) based on updated
expenditures and projected revenues.
11. AMENDMENT TERMS AND CONDITIONS:
1. Contract expiration date of August 15, 2017 remains unchanged.
2. Contract performance period of July 1, 2016 through June 30, 2017 remains unchanged.
3. Change the overall contract amount from $48,075 to $45,075; a decrease of $3,000
4. Change the overall FY17 funding amount from $48,075 to $45,075; a decrease of $3,000
5. Replace the original Budget Sheet (Attachment E) with the revised Budget Sheet (Attachment E) attached.
This Amendment is incorporated in and made a part of the contract. Except as amended herein, all other terms
and conditions of the contract remain in full force and effect. Any reference in the original contract or an
Amendment to the "contract' shall mean "contract as amended ". The Department and Contractor acknowledge
and accept the terms of this Amendment as identified above, effective on the final date of execution below. By
signing this Amendment, the signatories warrant they have the authority to execute this Amendment.
IN WITNESS, WHEREOF, the parties hereto have executed this amendment as of the date and year last written below:
OR THE DEPARTMENT: FOR THE CONTRACTOR
Signature Date Signature'` '
Richard A. Woodruff, Contracts Officer Joe Gardner, Chairman
Washington State Military DEPARTMENT Cowlitz County Board of Commissl rc o
BOILERPLATE APPROVED AS TO FORM:
Brian Buchholz (signature on file) 6/13/2012 csro
Assistant Attorney General Q`
co
Form Date: 10/27/00
BUDGETSHEET
E911 COUNTY CPD - SFY 2017
July 11 2016 -June 30, 2017
AL
ATTACHMENT E
E911 County CPD Contract SFY17 Page 2 of 2 Cowlitz County, E17 -011 Amendment A
E911 County Coordinator Professional Development Contract SFY 2017
CONTRACT FACE SHEET
1. Contractor Name and Address: 2. Contract Amount: 3. Contract Number
Cowlitz County Agency (COUNTY)
312 SW 1 ®r Avenue 48,075 E17 -011
Kelso, Washington 98626
4. Contractor's Contact Person, phone number: 5. Contract Start Date 6. Contract End Date
Deanna Wells / 360.414.5517
wellsd(a&co.cowlitz.wa.us July 1, 2016 August 15, 2017
7. MD Program Manager /phone number: 8. Data Universal Numbering System (DUNS #): 9. UBI # (state revenue):
Teresa Lewis / 253.512.7481 081976292 083- 003 -768Teresa.Lewis mil.wa. ov
10. Funding Authority: Washington State Military Department and State Enhanced 911 Funds
11. Funding Source Agreement Obj /SubObj: 13. CFDA # & Title: 14. TIN or SSN:
RCW 38.52.5101.540$ .545 7690 N2 NA 91- 6001310
WAC Chapter 118 -66
15. Service Districts: H3?d
ervice Area by County(ies): 17. Women /Minority- Owned, State Certified?
BY LEGISLATIVE DIST): Cowlitz County N/A NO YES, OMWBE # BY CONGRESSIONAL DIST):
18. Contract Classification: 19. Contract Type (check all that apply):
Personal Services Client Services ® Public /Local Gov't Contract Grant Agreement
Collaborative Research A/E Other Intergovernmental RCW 39.34 Interagency
20. Contractor Selection Process: 21. Contractor Type (check all that apply):
To all who apply & qualify" Competitive Bidding Private Organization /Individual For - Profit
Sole Source A/E RCW N/A Public Organization /Jurisdiction ® Non- Profit
Advertised? YES ONO VENDOR SUBRECIPIENT ® OTHER
22. BRIEF DESCRIPTION:
This is a reimbursement contract. Reimbursement is limited to the maximum contract amount, travel, goods,
services and other listed budget categories on an actual cost basis for eligible, approved and incurred Coordinator
Professional Development (CPD) expenses as described In WAC 118 -66- 050(3) and Enhanced 911 (E911) policies
incorporated herein by reference in the amounts described in the Reimbursement Schedule (Attachment D) &
Budget Sheet (Attachment E).
IN WITNESS THEREOF, the parties hereto have executed this Contract on the day and year last specified below. This
Contract Face Sheet, Special Terms and Conditions (Attachment A), General Terms & Conditions (Attachment B), Statement
of Work (Attachment C), State Reimbursement Schedule (Attachment D), and Budget Sheet (Attachment E), govern the
rights and obligations of the parties to this Contract.
In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by
giving precedence in the following order:
a) Applicable State Statutes and Regulations
b) Statement of Work
c) Special Terms and Conditions
d) General Terms and Conditions, and
e) any other provisions of the contract incorporated by reference.
This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise,
regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto.
WHEREAS, the parties hereto have executed this contract on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE CONTRACTOR:
Signature Date Signature Date
Richard A. Woodruff, Contracts Officer Michael Karnofski, Chairman
Washington State Military DEPARTMENT Cowlitz County Board of Commissioners
BOILERPLATE APPROVED AS TO FORM Attest:
Tiffany Ostreim, Clerk of the Board
Dawn C. Cortez, (signature on file 6/8/2016) Date:
Assistant Attorney General
E911 County CPD Contract Page 1 of 14 Cowlitz County, E17 -011
ATTACHMENT A
SPECIAL TERMS AND CONDITIONS
INTRODUCTION:
The DEPARTMENT'S State E911 Coordinator's Office (SEGO) coordinates and facilitates the
implementation and operation of E911 emergency communications throughout the state. It is responsible
for the reimbursement of expenses by counties for eligible expenses from excise tax revenue retained in
the state E911 account.
II. KEY PERSONNEL:
The individuals listed below shall be considered Key Personnel; however, either party may designate a
substitute by advance written notification to the other party.
COUNTY: DEPARTMENT:
Name/Title Deanna Wells, Name/Title Teresa Lewis,
County 911 Coordinator E911 Enterprise County Assistance
Program Manager
E -Mail welisd co.cowlitz.wa.us E -Mail teresa.lewis mil.wa. ov
Phone 360.414.5517 Phone 253.5 12.7481
III. ADMINISTRATIVE REQUIREMENTS:
The COUNTY shall use the following to determine allowable cost principles: State Office of Financial
Management (OFM) Regulations -State Administrative and Accounting Manual (SAAM) and the Local
Government Budget and Accounting Reporting System (BARS).
IV. ELIGIBLE EXPENSES AND PRIORITIES ESTABLISHED BY THE LEGISLATURE:
Priorities for expenditure of state E911 funds have been established by both the state legislature and the
DEPARTMENT:
A. RCW 38.52.540(1) provides that funds from the state E911 account should be "used only to support
the statewide coordination and management of the enhanced 911 system, for the implementation of
wireless enhanced 911 statewide, for the modernization of enhanced 911 emergency
communications systems statewide, and to help supplement, within available funds, the operational
costs of the system, including adequate funding of counties to enable implementation of wireless
enhanced 911 service and reimbursement of radio communications service companies for costs
incurred in providing wireless enhanced 911 service pursuant to negotiated contracts between the
counties or their agents and the radio communications service companies';
B. RCW 38.52.540(3) provides that the State E911 Coordinator is "authorized to enter into statewide
agreements to improve the efficiency of enhanced 911 services for all counties and shall specify by
rule the additional purposes for which moneys, if available, may be expended from this account ";
C. RCW 38.52.545 provides that "In specifying rules defining the purposes for which available state
enhanced 911 may be expended, the state enhanced 911 coordinator, with the advice and
assistance of the enhanced 911 advisory committee, must consider base needs of individual counties
for specific assistance. Priorities for available enhanced 911 funding are as follows: (1) To assure
that 911 dialing is operational statewide; (2) To assist counties as necessary to assure that they can
achieve a basic service level for 911 operations; and (3) To assist counties as practicable to acquire
items of a capital nature appropriate to modernize 911 systems and increase 911 effectiveness ";
D. WAC 118 -66 -020 reiterates the E911 funding purposes and priorities established by the legislature;
E. WAC 118 -66 -040 describes County eligibility for funding; and
F. WAC 118 -66 -050 lists expenses that "may be eligible for reimbursement ... based on a reasonable
prioritization by the state E911 coordinator' and "in accordance with the purposes and priorities
established by statute and regulation ".
E911 County CPD Contract Page 2 of 14 Cowlitz County, E17 -011
V. THE PARTIES AGREE THAT THE FOLLOWING ELIGIBLE EXPENSES AND PRIORITIES ARE
ESTABLISHED IN CONTRACT:
A. Consistent with the statutes and regulations cited, this contract provides reimbursement solely for
approved eligible expenses described in WAC 118 -66 -050 incurred by the COUNTY, in support of
E911 calls originating in the county, including eligible expenses in the following prioritization: (1) E911
statewide dialing, (2) E911 basic service, and (3) capital items. Payment for E911 statewide dialing
will be made, contingent upon available funding, only for eligible approved expenses identified in
RCW 38.52.545 and WAC 118 -66 -050. In the advent of the unavailability or loss of state funding,
responsibility for the continued operation of the statewide 911 network, and all related costs, will be
transferred to the individual counties, on a pro rata basis. Statewide services benefit all counties and
do not require local revenue to be expended prior to reimbursement through county contracts. The
following Statewide services may be reimbursed through this contract:
i. Coordinator Professional Development (CPD), including travel expenses for attending the
following: Advisory Committee meetings, Advisory Committee Subcommittee meetings,
Coordinator Forums, State Supported training, and National Conference attendance.
ii. Selected Public Education expenses,
iii. Selected 911 Salaries, Benefits and Training, 911 Call Receiver Training;
vi. pre- approved NG911 modernization expenses and interpretative services.
B. Expenses.
General Reimbursement Requirements for COUNTYs:
a. Reimbursement will be made, contingent upon funding availability, only for eligible approved
expenses identified in RCW 38.52.545 and WAC 118 -66 -050;
b. Approved eligible expenses will be reimbursed at amounts not to exceed limits established
in E911 Policy, see Section VII D of this contract;
c. In the event available funding will not cover all contract eligible amounts, individual line
items will be funded in full or not at all;
d. Funding is for primary Public Safety Answering Points (PSAP) only, unless otherwise
specified in applicable DEPARTMENT policy, see Section VII D of this contract;
ii. Ineligible Items:
Expenses not listed in WAC 118 -66- 050(1), (2) and /or (3), and not directly associated with the
operation of the E911 system are not eligible for state financial assistance or reimbursement
under this contract.
iii. Expense Documentation and Approval:
a. COUNTY must submit documentation of eligible expenses to the DEPARTMENT; including
identification of vendor, warrant number, date, and applicable E911 eligible expense
categorization as set out in Section VII E below;
b. COUNTY must submit eligible Expense Reports and /or requests for reimbursement so they
are received by the DEPARTMENT by the 30th day following the month in which payment
was made, including additional hard copy documentation required by an "Action Plan" due to
audit findings;
c. Expenses contained in Expense Reports not submitted by the 30th day following payment,
including additional hard copy documentation as required by "Action Plans °, will not be
reimbursed. However, revenues reported in such Expense Reports will be counted as part
of the County's local revenue;
d. Expense Reports will be processed in the order received by the DEPARTMENT,
e. The DEPARTMENT may request additional documentation and /or information from
COUNTY pertaining to reimbursement requests, and any delay in providing the requested
information may result in delay in reimbursement or reduced reimbursement;
f. All approved training expenses must be submitted as a whole after the training with the
exception of conference registration fee, which may be submitted for reimbursement in
advance.
E911 County CPD Contract Page 3 of 14 Cowlitz County, E17 -011
g. Training expenses are exempt from the 30 day submittal requirement, but must be
submitted for reimbursement within 90 days of the actual training.
h. Prior to purchasing or leasing any equipment or software, COUNTY must submit a written
quote to the DEPARTMENT for review and approval. Without prior written approval the
purchase or lease will not be eligible for reimbursement by the DEPARTMENT.
VI. PERFORMANCE PERIOD AND PAYMENT:
Payment by the DEPARTMENT to the COUNTY shall only be made as reimbursement for eligible
expenses approved by the DEPARTMENT and incurred between July 1, 2016 and June 30, 2017 which
is also known as the performance period. Work started prior to July 1, 2016 and /or not complete by June
305 2017 will be considered outside the performance period and therefore not eligible for reimbursement.
The COUNTY shall not request payment in anticipation of expenditures not yet incurred.
VII. THE COUNTY AGREES TO:
A. Local Funding: The COUNTY affirms that it has authorized collection of the local E911 excise tax
authorized under RCW 82.148.030(1), RCW 82.14B.030(2) and /or RCW 82.14B.030(3) and that
these funds are being used for wireline and /or wireless eligible expenses listed in WAC 118 -66 to
operate the E911 system in the county. Consistent with RCW 38.52.540(2), the COUNTY will not
request, receive or expend funds under this contract for wireline and wireless eligible expenses if it
has not imposed the maximum county E911 tax allowed under RCW 82.148.030(1) for switched
access lines, and will not request, receive or expend funds under this contract for wireless eligible
expenses if it has not imposed the maximum county E911 tax allowed under RCW 82.14B.030(2) for
radio access lines.
Use of Funding: The COUNTY ensures the funds provided by the DEPARTMENT as described in
the Budget attached as Attachment E, shall be used by the COUNTY solely for reimbursement of
those approved incurred eligible expenses as described in WAC 118 -66 -050 and the E911 policies
incorporated herein that are necessary to operate E911 countywide. Reimbursement shall be made
consistent with E911 policies for approved expenses described in WAC 118 -66 that are incurred
between July 1, 2016 and June 30, 2017,
C. Consolidation: If the COUNTY receives funds under this contract in support of a consolidated
Primary Public Safety Answering Point (PSAP), the COUNTY agrees to maintain and operate the
consolidated PSAP for three (3) years from the date of the consolidation and thereafter for the life of
this contract. Failure to comply with this requirement will result in a recapture of funds as provided in
the General Terms and Conditions. For purposes of this contract, a consolidated PSAP is one
operated by or on behalf of a county as the primary PSAP for all operations of enhanced 911 call -
taking and call transfer activities in that county. The consolidated PSAP may also be engaged in,
pursuant to interlocal agreement, the dispatching of public safety resources serving several
jurisdictions. A primary PSAP is one that initially answers all 911 calls within the county.
D. Enhanced 911 Policies: The COUNTY agrees to abide by all of the following E911 Policies, as
amended, available at FY17 E911 Policies One Drive Link and incorporated by reference:
E911 Advisory Committee Meeting Attendance Policy (PDF)
E911 Coordinator Forum Attendance Policy (PDF)
E911 County Coordinator Professional Development Contract Policy (PDF)
E911 Public Education Policy (PDF)
E911 Statewide Services Support Policy (PDF)
E911 Training Policy (PDF)
E911 Salaries and Benefits Summary (PDF)
E. Reimbursement Requests and Reporting Requirements: Not more often than monthly, the
COUNTY shall submit invoice vouchers (Form A -19) to the DEPARTMENT requesting reimbursement
for expenses. The COUNTY agrees to use forms and /or systems provided by the DEPARTMENT for
necessary reports.
In addition to any reports as may be required elsewhere in this contract, the COUNTY shall prepare
and submit the following reports to the DEPARTMENT's Key Personnel:
E911 County CPD Contract Page 4 of 14 Cowlitz County, E17 -011
Vlll.
Financial Reports
Monthly Expense Reports
Local Travel Policy /Procedures
Mid -Year Budget Review
Time Audit Report
Final Reimbursement Request
Copies Completion Date
1 No later than 30 days following the end
of the month
1 30 days after signatures on this contract
and then annually.
1 January 31, of each year
1 January 31, of each year
1 July 31, 2017
All contract work must not start prior to July 1, 2016 and must be delivered, installed /completed and
accepted by June 30, 2017; although certain reports may be submitted by July 31, 2017 as described
above. Final billing not received by July 31, 2017, may not be processed.
F. Attendance Obligations: The COUNTY agrees to send the designated County E911 personnel to the
following events:
Advisory Committee Meetings: The COUNTY agrees to send the E911 Coordinator to as many of
the Advisory Committee meetings as possible each year, but no less than half of the six (6)
scheduled Advisory Committee meetings per fiscal year in accordance with the E911 Advisory
Committee Attendance Policy; and
Coordinator Forums: The COUNTY agrees to send the E911 Coordinator and an additional
appropriate E911 representative to the October Fall Forum, the March Spring Forum and to the
June Summer Training Forum /Conference of each year, in accordance with the E911
Coordinator Forum Attendance Policy.
G. Compliance with State Law: The COUNTY will comply with all state law applicable to counties.
CONDITIONED UPON COUNTYS FULFILLMENT OF ITS CONTRACT ABOVE THE MILITARY
DEPARTMENT AGREES TO THE FOLLOWING:
A. Within thirty (30) days of receipt and approval of signed, dated invoice vouchers (state form A -19),
satisfactory completion of tasks, and documentation of costs, reimburse the COUNTY up to the
maximum of $48,075, or actual cost, whichever is lower, pursuant to the schedule set out in the State
Reimbursement Schedule (Attachment D) and as authorized by this Contract and WAC 118 -66.
B. If a question arises about the requested reimbursement, the COUNTY will be notified via e-mail
and /or telephone call and will have five (5) working days to provide the requested information. If
information satisfactory to the DEPARTMENT has not been provided within that time, the expense in
question will be subtracted and the balance of approved eligible incurred expenses will be processed
for reimbursement.
E911 County CPD Contract Page 5 of 14 Cowlitz County, E17 -011
ATTACHMENT B
GENERAL TERMS & CONDITIONS
1) DEFINITIONS: As used throughout this contract the following terms shall have the meanings set forth
below:
a. "DEPARTMENT" shall mean the Washington State Military DEPARTMENT (WMD), or any of the
officers or other officers lawfully representing that DEPARTMENT.
b. "COUNTY" shall mean the named county performing services under this contract or grant. It shall
include any subcontractor retained by the COUNTY as permitted under the terms of this contract.
c. "Subcontractor" shall mean one, not in the employment of the COUNTY, who is performing all or
part of those services under this contract under a separate contract with the COUNTY. The terms
subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
d. "PSAP" means Public Safety Answering Point as defined in WAC 118 -66.
e. "WAC" is defined and used herein to mean the Washington Administrative Code.
f. "RCW" is defined and used herein to mean the Revised Code of Washington.
2) ACCESS TO PUBLIC RECORDS:
a. The parties acknowledge that the DEPARTMENT is subject to the Public Records Act, Chapter
42.56 RCW, and that records prepared, owned, used or retained by the DEPARTMENT relating
to the conduct of government or the performance of any governmental or proprietary function
are available for public inspection or copying, except as exempt under RCW 42.56 or other
statute which exempts or prohibits disclosure of specific information or records.
b. The COUNTY shall provide access to data generated under this Contract to the DEPARTMENT
and the State Auditor at no additional cost. This includes access to all information that supports
the findings, conclusions, and recommendations of the COUNTY's reports, including computer
models and methodology for those models.
C. Access to Data - State law prohibits state agencies from entering into agreements when the
contractor could charge additional costs to the agency, the Joint Legislative Audit and Review
Committee, or the Office of the State Auditor for access to data generated under the Contract,
thus all such data will be provided at no additional expense. For the purposes of this
requirement, "data" includes all information that supports the findings, conclusions and
recommendations of the contractor's reports, including computer models and methodology for
those models.
3) ADVANCE PAYMENTS PROHIBITED: No payments in advance or in anticipation of services or
supplies to be provided under this Contract shall be made by the DEPARTMENT.
4) AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336,42 U.S.C. 12101 at
seq. (also referred to as the "ADA ") and its' implementing regulations at 28 CFR Part 35. The
COUNTY must comply with the ADA, which provides comprehensive civil rights protection to individuals
with disabilities in the areas of employment, public accommodations, state and local government
services, and telecommunication.
5) ATTORNEY'S FEES: Except as provided in the section entitled "Recapture Provisions ", in the event of
litigation or other action brought to enforce the terms of this Contract or alternate dispute resolution
process, each party agrees to bear its own attorney's fees and costs.
6) CHANGES AND MODIFICATIONS: The DEPARTMENT and the COUNTY may, from time to time,
request changes to the Contract. Any such changes that are mutually agreed upon by the parties to
this Contract shall be incorporated herein by written amendment. It is mutually agreed and understood
that no alteration or variation of the terms of this Contract shall be valid unless made in writing and
signed by the parties hereto, and that any oral understanding or agreements shall not be binding.
E911 County CPD Contract Page 6 of 14 Cowlitz County, E17 -011
7) COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES: The
COUNTY shall comply with, and the DEPARTMENT is not responsible for determining compliance with,
any and all applicable federal, state, and local laws, regulations, executive orders, and /or policies. This
obligation includes, but is not limited to, nondiscrimination laws and /or policies; the ADA; Ethics in
Public Service (RCW 42.52), Covenant Against Contingent Fees (e.g., Federal Acquisition Regulation
48 CFR Sec. 52.203 -5); Public Disclosure (RCW 42.56); and safety and health regulations. In the
event of the COUNTY's noncompliance or refusal to comply with any applicable law, regulation,
executive order or policy, the DEPARTMENT may rescind, cancel, or terminate the Contract in whole or
in part in its sole discretion. The COUNTY is responsible for all costs or liability arising from its failure
to comply with applicable law, regulation, executive order or policy.
8) CONTRACT MODIFICATIONS: The DEPARTMENT and the COUNTY may, from time to time,
request changes in services to be performed with funds subject to this contract. Any such changes that
are mutually agreed upon by the DEPARTMENT and the COUNTY shall be incorporated herein by
written amendment to this contract. It is mutually agreed and understood that no alteration or variation
of the terms of this contract shall be valid unless made in writing and signed by the parties, and that any
oral understanding or agreements not incorporated herein, unless made in writing and signed by the
parties hereto, shall not be binding.
9) COUNTY NOT EMPLOYEE OF AGENCY: The COUNTY, and /or employees, sub - contractors or
agents performing under this Contract, are not employees or agents of the DEPARTMENT in any
manner whatsoever. The COUNTY will not be presented as nor claim to be an officer or employee of
the DEPARTMENT or of the State of Washington by reason hereof, nor will the COUNTY make any
claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee
of the DEPARTMENT or of the State of Washington, including, but not limited to, Workers'
Compensation coverage, unemployment insurance benefits, social security benefits, retirement
membership or credit, or privilege or benefit which would accrue to a civil service employee under
Chapter 41.06 RCW. It is understood that if the COUNTY is another state agency, the officers and
employees are employed by the State of Washington in their own right.
10) DISCLOSURE: The use or disclosure by any party of any information concerning the DEPARTMENT
for any purpose not directly connected with the administration of the DEPARTMENT's or the
COUNTY's responsibilities with respect to services provided under this Contract is prohibited except by
prior written consent of the DEPARTMENT or as required to comply with the Public Records Act or
court order.
11) DISPUTES: Except as otherwise provided in this Contract, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party may request a
dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team
shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the
COUNTY, and a third party mutually agreed upon by both parties. The team shall, by majority vote,
resolve the dispute. The parties agree that this dispute process shall be final and there will be no
appeal of the decision.
12) GOVERNING LAW AND VENUE: This Contract shall be governed by the laws of the State of
Washington. In the event of a lawsuit involving this Contract, venue shall be proper only in Thurston
County, The COUNTY, by execution of this Contract, acknowledges the jurisdiction of the courts of
Washington in this matter.
13) HOLD HARMLESS: The COUNTY agrees to defend, hold harmless, and indemnify the State of
Washington and the Military DEPARTMENT, their officers, agents, employees, and assigns against any
and all damages or claims from damages resulting or allegedly resulting from the COUNTY's
performance or activities hereunder and that of any sub - contractor hired by the COUNTY.
E911 County CPD Contract Page 7 of 14 Cowlitz County, E17 -011
14) INDEMNIFICATION: To the extent permitted by applicable law, each party to this contract shall be
responsible for injury or death to persons and damage to property resulting from negligence on the part
of itself, its employees, agents, officers, or subcontractors. Neither party assumes any responsibility to
the other party for the consequences of any act or omission of any third party.
15) INSURANCE INDUSTRIAL COVERAGE: Prior to performing work under this contract, the COUNTY
shall provide industrial insurance coverage for the COUNTY's employees, as may be required by Title
51 RCW. The DEPARTMENT will not be responsible for payment of industrial insurance premiums or
for any other claim or benefit for a consultant or any subcontractor or employee of the COUNTY, which
may arise during the performance of services under this contract. Before the start of any work required
by this Contract, the COUNTY shall deliver to the DEPARTMENT certificates of insurance reflecting
that the COUNTY has obtained all the insurance coverage required by this section.
16) INSURANCE GENERAL COVERAGE: The DEPARTMENT and its officers, employees, and agents,
while acting in good faith within the scope of their official duties, are covered by the State of
Washington Self- Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq.), and successful
claims against the DEPARTMENT and its employees, officers, and agents in the performance of their
official duties in good faith under this Contract will be paid from the tort claims liability account as
provided in RCW 4.92.130. COUNTY hereby notifies the DEPARTMENT that as a County Government
of the State of Washington and in accordance with Washington law, COUNTY has full loss coverage for
itself, its officers, employees and agents, through self insurance and /or the purchase of insurance.
Upon the DEPARTMENT's request, COUNTY will provide the DEPARTMENT with details of its self
insured retention, proof of its additional insurance, and all loss coverage. This program of self
insurance and /or purchased insurance includes general liability, automobile liability, workers
compensation and employers' liability.
17) LEGAL RELATIONS: To the extent permitted by applicable law, each party to this contract shall be
responsible for injury or death to persons and damage to property resulting from negligence on the part
of itself, its employees, agents, officers, or subcontractors. Neither party assumes any responsibility to
the other party for the consequences of any act or omission of any third party.
18) LIMITATION OF AUTHORITY: "Authorized Signature" Only the assigned Authorized Signature for the
DEPARTMENT or the assigned delegate by writing (delegation to be made prior to action) shall have
the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of
this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or
condition of this contract is not effective or binding unless made in writing and signed by the authorized
person.
19) LOSS OF FUNDING: In the event funding from state or federal sources is withdrawn, reduced, or
limited in any way after the effective date of the Contract, the DEPARTMENT may suspend or
terminate the Contract without cause under the "Termination" clause and without the thirty (30) day
notice requirement.
20) NONASSIGNABILITY: Neither this Contract, nor any claim arising under this Contract, nor the work to
be provided under this Contract, and any claim arising thereunder, shall be assigned or delegated by
either party in whole or in part, without the express prior written consent of the other party, which
consent shall not be unreasonably withheld.
21) NONDISCRIMINATION: During the performance of this contract, the COUNTY shall comply with all
federal and state nondiscrimination statutes and regulations. These requirements include, but are not
limited to:
a. Nondiscrimination in Employment: The COUNTY shall not discriminate against any employee or
applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory,
mental, or physical handicap.
E911 County CPD Contract Page 8 of 14 Cowlitz County, E17 -011
This requirement does not apply, however, to a religious corporation, association, educational
institution or society with respect to the employment of individuals of a particular religion to perform
work connected with the carrying on by such corporation, association, educational institution or
society of its activities.
b. The COUNTY shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation, religion,
national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence
of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
22) RECAPTURE PROVISION: In the event the COUNTY fails to expend funds under this Contract in
accordance with applicable federal, state, and local laws and /or the provisions of the contract, the
DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of
noncompliance. Such right of recapture shall exist for the life of the project following Contract
termination. Repayment by the COUNTY of funds under this recapture provision shall occur within
thirty (30) days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture
provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees from the
Contractor.
23) RECORDS, MONITORING AND AUDIT ACCESS:
a. The COUNTY shall perform under the terms of the Contract and the DEPARTMENT may conduct
reasonable and necessary monitoring of the COUNTY's performance.
b. To permit such monitoring, the COUNTY shall maintain books, records, documents, and other
evidence and accounting procedures and practices that sufficiently and properly reflect all direct
and indirect costs of any nature expended in the performance of this Contract. These records shall
be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the
DEPARTMENT, the Office of the State Auditor, and federal officials so authorized by law, rule,
regulation, or agreement.
c. The COUNTY will retain all books, records, documents, and other materials relevant to this
Contract for six (6) years from the date final payment is made hereunder, and make them available
for inspection by persons authorized under this provision.
d. The DEPARTMENT or the State Auditor or any of their representatives and federal officials so
authorized by law, rule, regulation, or agreement shall have full access to and the right to examine
during normal business hours and as often as the DEPARTMENT or the State Auditor may deem
necessary, all of the COUNTY's records with respect to all matters covered in this Contract. Such
rights last for six (6) years from the date final payment is made hereunder.
e. The COUNTY shall cooperate with and freely participate in any monitoring, audit or evaluation
activities conducted by the DEPARTMENT that are pertinent to the intent of this Contract.
24) SEVERABILITY: If any provision of this Contract or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract which
can be given effect without the invalid provision, and to this end the provisions of this Contract are
declared to be severable.
25) SUB - CONTRACTING: The COUNTY shall comply with all applicable procurement laws, rules and
requirements. This will include the use of a competitive procurement process in the award of any
contracts with sub - contractors that are entered into under this Contract. All sub - contracting
agreements entered into pursuant to this contract shall incorporate this contract by reference.
26) TERMINATION:
a. If, through any cause, the COUNTY or its sub - contractors shall fail to fulfill in a timely and proper
manner its obligations under this Contract or if the COUNTY or its sub - contractors shall violate any
of its covenants, agreements, or stipulations of this Contract, the DEPARTMENT shall there upon
E911 County CPD Contract Page 9 of 14 Cowlitz County, E17 -011
have the right to terminate this Contract and withhold the remaining allocation if such default or
violation is not corrected within thirty (30) days after submitting written notice to the COUNTY
describing such default or violation.
b. Notwithstanding any provisions of this Contract, either party may terminate this Contract without
cause by providing written notice of such termination, specifying the effective date thereof, at least
thirty (30) days prior to such date. If this Contract is so terminated, the DEPARTMENT shall be
liable only for payment required under the terms of this Contract for services rendered or goods
delivered prior to the effective date of termination. Upon notice of such termination, the
DEPARTMENT reserves the right to suspend all or part of the Contract, withhold further payments,
and prohibit the COUNTY from incurring additional obligations of funds.
G. Reimbursement for eligible expenses incurred by the COUNTY prior to the effective date of such
termination shall be as the DEPARTMENT reasonably determines."
d. The DEPARTMENT may unilaterally terminate or suspend all or part of this Contract without cause,
or may reduce its scope of work and budget, if there is a reduction in funds by the source of those
funds, and if such funds are the basis for this Contract.
27) TRAVEL AND SUBSISTENCE REIMBURSEMENT: If reimbursement of travel or subsistence
expenses are included as part of this Contract, they shall be paid in accordance with rates set pursuant
to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The COUNTY is required to
provide to the DEPARTMENT copies of receipts for any travel related expenses other than meals and
mileage that are authorized under this Contract.
28) TREATMENT OF ASSETS: Upon successful completion of the terms of this contract, all assets,
including equipment, purchased through this contract will be owned by the COUNTY unless otherwise
specified by the funding source. The COUNTY shall be responsible for any and all operation and
maintenance expenses and for the safe operation of said equipment including all questions of liability.
29) WAIVER OF DEFAULT: Waiver of any default shall not be deemed to be a waiver of any subsequent
default. Waiver of breach of any provision of the Contract shall not be deemed to be a waiver of any
other or subsequent breach and shall not be construed to be a modification of the terms of the Contract
unless stated to be such in writing, signed by the Director or Contracts Administrator and attached to
the original Contract.
E911 County CPD Contract Page 110 of 14 Cowlitz County, E17 -011
ATTACHMENT
STATEMENT OF WORK
E911 COORDINATOR PROFESSIONAL DEVELOPMENT CONTRACT - SFY2017
July 1, 2016 —June 30, 2017
CPD 4 MSAG I Mapping ! GIS Coordinators
1. Maintenance of MSAG and ALI.
2. Maintenance of 911 required layers and uploading to 911 maps.
3. During this contract period each county will participate in any GIS dataset tests recommended by the
E911 Advisory Committee and approved by the SECO.
4. By July 30, 2016, each county will deliver to the SECO their plan and cost estimate for achieving the
following anticipated SFY18 deliverable: 'By July 1, 2018 each county will deliver to the state (or
designated vendor) a GIS data set that includes the data layers required in the Washington NG911 GIS
Data Standards, which have been synchronized to the MSAG, and optionally the ALI, at a 98% match
rate.' Note 98% accuracy is the anticipated NENA recommendation — this may change.
5. By June 30, 2017, each county will deliver to the state or designated vendor a GIS data set that
includes the data layers required in the Washington NG911 Data Standards, which has been
synchronized to the MSAG, and, optionally the ALI, at a 75% match rate to demonstrate their progress
towards the July 1, 2018 goal of 98 %.
E911 County CPD Contract Page 11 of 14 Cowlitz County, E17 -011
ATTACHMENT D
STATE REIMBURSEMENT SCHEDULE
E911 COUNTY CPD CONTRACT - SFY2017
July 1, 2016 — June 30, 2017
COUNTY CONTRACT REIMBURSEMENT SCHEDULE
COORDINATOR PROFESSIONAL DEVELOPMENT (CPD) SECTION
Statewide services benefit all counties and do not require local revenue to be used prior to state
reimbursement. The following are reimbursed through county contracts:
ELIGIBLE ITEM STATE REIMBURSEMENT
Advisory Committee Advisory Committee (AC) Meetings: Travel reimbursement expense for
Meeting Attendance all AC meetings attended by the E911 County Coordinator or designee.
The E911 County Coordinator must attend at least 50% of all held AC
meetings per fiscal year - contractual requirement. A substitute of a
primary PSAP /E911 employee must be pre- approved if requested to
attend on the E911 County Coordinator's behalf, but will not count as part
of the contractual obligation of 50% attendance by the E911 County
Coordinator.
AC Subcommittee AC Subcommittee Meetings: Subcommittee members are authorized
Meetings travel reimbursement for all subcommittee meetings they attend.
CPD1 Coordinator Forum Coordinator Forums: Travel reimbursement expense for a total of two
Attendance PSAP /E911 employees to attend Coordinator Forums. One of the two
must be the E911 County Coordinator. The E911 County Coordinator
must attend all Coordinator Forums — contractual requirement. A
substitute of a primary PSAP /E911 employee must be pre - approved if
requested to attend on the E911 County Coordinator's behalf.
State E911 State E911 supported: Travel reimbursement expenses for the 911
supported Coordinator to attend State E911 supported training, meetings, and /or
Attendance events.
See: Advisory Committee Meeting Attendance/Travel Reimbursement
Policy, Coordinator Forum Policy, Training Policy, Public Education
Policy
The E911 County Coordinator is authorized up to $6,000 (per fiscal year)
to attend national NG911 related conferences /trainings and /or training to
enhance job skills. An additional and /or substitute of a primary
PSAP /E911 office employee must be pre- approved if requested to attend
CPD2 E911 County on the E911 County Coordinator's behalf. Coordinator Training
For counties with a population of 1.5 million or more the authorized
amount is doubled for an additional person to attend training, a total of
12,000 (per fiscal year) See: Training Policy
Continue on next page
E911 County CPD Contract Page 12 of 14 Cowlitz County, E17 -011
E911 County CPD Contract Page 13 of 14 Cowlitz County, E17 -011
Up to $5,000 (per fiscal year) is authorized for expenses directly related
to informing the public of the capabilities, limitations, and proper use of
E911, which includes training, salaries, travel, supplies and materials.
CPD3 Public Education Expenses for purchases and training must be pre- approved by the E911
Program Manager and/or Financial Coordinator. Back -fill is not eligible
under this line item. See: Public Education Policy,
Training Policy, Salaries & Benefits Summary
Up to $13,500 (per fiscal year) is authorized for salaries /benefits and
training expenses for the following positions: MSAG, Mapping /GIS,
and /or Information Technology Coordinator(s). Backfill is not eligible
under this line item.
911 Should there be additional funds available following fulfillment of County
and CPD Contracts and /or NG Modernization of CPE/Telephone
CPD4 Salaries/Benefits systems have been completed, SECO may authorize additional funds for
and Training each of the 39 counties to be used solely for the purpose of NG911
MSAG /GIS Modernization, provided that if a county certifies they have
completed MSAG /GIS Modernization they may use the funds for other
modernization efforts. The amount of the funding will be determined by
SECO if there are additional funds.
See: Training Policy, Salaries & Benefits Summary
Total training funds shall be calculated at $500 (per fiscal year) per full -
time call receiver at the primary PSAP(s) with a cap not to exceed 30 call
receivers per county. Eligible expenses include: airfare, registration fee,
911 Call Receiver luggage fee, parking, lodging, meals, rental vehicles, fuel, travel costs forCPD5
Training mileage (personally -owned vehicles or agency vehicles that employee
and /or PSAP is charged a fee to use), training materials and overtime and
backfill while in training status.
See: Training Policy
Costs related to modernization of the E911 System as authorized and
pre- approved by the State E911 Coordinator.
Should there be additional funds available following fulfillment of County
and CPD Contracts and /or NG Modernization of CPE/Telephone
CPD6
NG911 systems have been completed, SECO may authorize additional funds for
Modernization each of the 39 counties to be used solely for the purpose of NG911
MSAG /GIS Modernization, provided that if a county certifies they have
completed MSAG /GIS Modernization they may use the funds for other
modernization efforts. The amount of the funding will be determined by
SECO if there are additional funds.
CPD7
911 Interpretive
Costs incurred for use of interpretive services to facilitate 911 call taking. Services
E911 County CPD Contract Page 13 of 14 Cowlitz County, E17 -011
ATTACHMENT E
BUDGETSHEET
E911 COUNTY CPD — SFY2017
July 1, 2016 —June 30, 2017
E911 County CPD Contract Page 14 of 14 Cowlitz County, E17 -011
SFY2017
Coordinator Professional Develo ment 48,075
TOTAL CONTRACT NOT TO EXCEED 48,075
E911 County CPD Contract Page 14 of 14 Cowlitz County, E17 -011
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
CAMP MURRAY, WASHINGTON 98430 -5122
NEW FORM WILL REPLACE PREVIOUS FORMS
Please complete form with any new contract or any time
NAME OF ORGANIZATION DATE SUBMITTED
Cowlitz County
CONTRACTS /CONTRACT AMENDMENTS
PROJECT DESCRIPTION CONTRACT NUMBER
SFY17 E911 Coordinator Professional
PRINT
Development (CPD) Contract E17 - 011
Please complete form with any new contract or any time personnel changes.
1. AUTHORIZING
TO SIGN CONTRACTS /CONTRACT AMENDMENTS
AUTHORITY
SIGNATURE PRINT
A -19
SIGNATURE
OR TYPE NAME
PRINT
TITLE/TERM
OR TYPE
OF OFFICE
SIGNATURE PRINT
Michael A. Karnofski
Chairman, Board of County
Commissioners, Cowlitz, County, WA
Term: 1/l/13-12/31/16
TYPE
Dennis P. Weber
Commissioner, Board of County
Commissioners, Cowlitz, County, WA
Term: 1/l/13-12/31/16
NAME
Joe Gardner
Commissioner, Board of County
Commissioners, Cowlitz, County, WA
Term: 1/1/15-12/31/18
TITLE/TERM
Please complete form with any new contract or any time personnel changes.
2. AUTHORIZED TO SIGN CONTRACTS /CONTRACT AMENDMENTS
TO SIGN REQUESTS FOR REIMBURSEMENT A -19
SIGNATURE PRINT OR TYPE NAME
SIGNATURE PRINT OR TYPE NAME
OF OFFICE
TITLE/TERM
Michael A. Karnofski
Chairman, Board of County
Commissioners, Cowlitz, County, WA
Term: 1/l/13-12/31/16
OF OFFICE
Cowlitz County E911 Director
Michael A. Karnofski
Chairman, Board of County
Commissioners, Cowlitz, County, WA
Term: 1/1113-12/31/16
Dennis P. Weber
Commissioner, Board of County
Commissioners, Cowlitz, County, WA
Term: 111113-12/31/16
Joe Gardner
Commissioner, Board of County
Commissioners, Cowlitz, County, WA
Term: 1/1/15-12131/18
Please complete form with any new contract or any time personnel changes.
Submit one original to State E911 Office
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT A -19
SIGNATURE PRINT OR TYPE NAME TITLE TERM OF OFFICE
Michael A. Karnofski
Chairman, Board of County
Commissioners, Cowlitz, County, WA
Term: 1/l/13-12/31/16
Deanna L. Wells Cowlitz County E911 Director
Please complete form with any new contract or any time personnel changes.
Submit one original to State E911 Office