Tarrant County 9-1-1 District February 23, 2015 Board Meeting Agenda Packet Tarrant County 9-1-1 District 2600 Airport Freeway | Fort Worth, Texas 76111 817-334-0911 | www.tc911.org TARRANT COUNTY 9-1-1 EMERGENCY ASSISTANCE DISTRICT BOARD OF MANAGERS’ AGENDA Conference Room 2600 Airport Freeway, Fort Worth, Texas Monday, February 23, 2015 12:00 PM Executive Luncheon (11:30 AM - 12:00 PM) Regular Meeting (12:00 PM) I. Call to Order II. Agenda Announcements III. Consider Approval of Consent Agenda Items All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation and will be voted on in one motion. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the consent agenda and considered separately. a. Approve the minutes of the Board of Managers’ meeting, January 26, 2015. b. Receive monthly financial reports. c. Receive report of payments over $5,000. d. Approve updating personal policy. 1. Add texting and driving prohibition. IV. V. VI. VII. Receive and Consider FY2014 Audit Report a. Hear report from Pattillo, Brown and Hill, LLP. Request from North Richland for a Dedicated Back-up Site (RN15-010) a. Hear presentation/request from North Richland Hills. b. Take any action necessary. Purchases Over $25,000. a. Approval of UPS Preventative Maintenance Contract (RN15-011) – $410,693.92. Assistance Program Applications (RN15-001) a. Discuss and take appropriate action concerning PSAP Assistance Program applications. 1. 15036 (Tarrant County) – $25,210. VIII. Executive Director Report a. Staff recognition, upcoming meeting and events, reports on attendance at meetings and events. IX. Briefing a. The board will hear a report concerning the upcoming State Legislative Session from Chris Keffer. Tarrant County 9-1-1 District - Agenda 1 X. Executive Session Pursuant to Chapter 551, Texas Government Code, the Board of Managers reserves the right to convene in Executive Session(s) from time to time as deemed necessary during this meeting for the following matters: XI. Section 551.071 Consultation with the District's attorneys pertaining to any matter in which the duties of the attorneys under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including seeking legal advice on any item posted on the Agenda. XII. Public Comment Open Session Action Following Executive Session a. Take any action necessary pursuant to executive session. XIII. Adjournment I do hereby certify that the above notice of meeting of the Tarrant County Emergency Assistance District was posted at the District Offices, on the District’s website and on the Secretary of State’s Open Meeting website, in compliance with Chapter 551, Texas Government Code. Mandy Chanthapanya Mandy Chanthapanya Tarrant County 9-1-1 District - Agenda February 19, 2015 Date 2 MINUTES Tarrant County 9-1-1 Emergency Assistance District January 26, 2015 According to Section 551.021 of the Government Code, minutes of a meeting must state the subject of each deliberation and indicate each vote, order, decision, or other action taken. These minutes do not include a summary of the discussion but only reflect the action taken by the body. A complete audio recording of this meeting is available on the District’s website www.tc911.org. A meeting of the 9-1-1 Board of Managers was held at 12:00 PM, Monday, January 26, 2015, in the Conference Room of Tarrant County 9-1-1, 2600 Airport Freeway, Fort Worth, TX 76111. Larry Boyd presided. Board Members present: Larry Boyd, Chair Rick Brunson, Vice Chair Richard Fregoe, Secretary Jim Griffin, Treasurer Sam Greif Don Crowson Vickie Gray Jonathan Rile, The Eppstein Group Bill Paxton, The Eppstein Group Cathy Hamilton, AT&T Others present: Wayne Olson, Attorney David Jones, Mission Critical Partners Staff Members present: Greg Petrey, Executive Director Melinda Oliver, CFO/Business Manager Wanda McCarley, Director of Operations Kevin Kleck, Technical Operations Mgr. Mandy Chanthapanya, Admin. Assistant Phillip Rohrbough, GIS Analyst Larry Boyd called the meeting to order at 12:00 PM. CONSENT AGENDA ITEMS Motion to approve the consent agenda items was made by Richard Fregoe and seconded by Jim Griffin. Motion passed unanimously. PURCHASES OVER $25,000.00 Discuss and take appropriate action concerning the following items: a. Approval of Spring 2015 Public Education Campaign authorization to buy – $35,000. Motion to approve Spring 2015 Public Education Campaign was made by Sam Greif and seconded by Richard Fregoe. Motion passed unanimously. b. Approval of Public Education Fulfillment contract – $25,000. Motion to approve the Public Education Fulfillment contract was made by Richard Fregoe and seconded by Don Crowson. Motion passed unanimously. c. Approval of Public Affairs Representation agreement – $60,000. Motion to approve Public Affairs Representation agreement was made by Rick Brunson and seconded by Richard Fregoe. Motion passed unanimously. d. Approval of Agreements with Six-Flags for the 2015 Telecommunicator Appreciation Event – Not to exceed $65,030. Motion to approve agreements with Six-Flags for the 2015 Telecommunicator Appreciation Event was made by Jim Griffin and seconded by Rick Brunson. Motion passed unanimously. Agenda Packet Page Number: 1 e. Approval of an agreement with Mission Critical Partners for support of previously approved radio initiatives – Not to exceed $228,313. Motion to approve an agreement with Mission Critical Partners was made by Don Crowson and seconded by Jim Griffin. Motion passed unanimously. ASSISTANCE PROGRAM a. Discuss and take appropriate action concerning the PSAP Assistance Program applications from Arlington, Irving, and Fort Worth Police Department. Motion to approve the PSAP Assistance Program applications was made by Rick Brunson and seconded by Richard Fregoe. Sam Greif and Vickie Gray abstained from voting on the Fort Worth application, Don Crowson abstained from voting on the Arlington application, and Larry Boyd abstained for voting on the Irving applications. b. Discuss and take appropriate action concerning the Interoperability Assistance Program applications from Arlington and Fort Worth. Motion to approve the Interoperability Assistance Program applications was made by Rick Brunson and seconded by Richard Fregoe. Sam Greif and Vickie Gray abstained from voting on the Fort Worth application and Don Crowson abstained from voting on the Arlington application. EXECUTIVE DIRECTOR REPORT The board will hear a report concerning Staff recognition, upcoming meeting and events, reports on attendance at meetings and events from Greg Petrey. No action taken. EXECUTIVE SESSION Pursuant to Chapter 551, Texas Government Code, the Board of Managers reserves the right to convene in Executive Session(s) from time to time as deemed necessary during this meeting for the following matters: Section 551.071 Consultation with the District's attorneys pertaining to any matter in which the duties of the attorneys under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including seeking legal advice on any item posted on the Agenda. Section 551.074 Deliberation regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal or to hear a complaint or charge against a public officer or employee. • Executive Director’s annual evaluation. OPEN SESSION OF ACTION FOLLOWING EXECUTIVE SESSION The meeting was reconvened into Regular Session. Discuss and take appropriate action necessary pursuant to executive session. Motion to approve an extension of the Executive Director’s contract for one additional year was made by Don Crowson and seconded by Vickie Gray. Motion passed unanimously. PUBLIC COMMENT There was no public comment. Agenda Packet Page Number: 2 ADJOURNMENT The meeting was adjourned at 1:45 PM. *** NEXT MEETING: Monday, February 23, 2015, at 12:00 PM in the Conference Room of the District offices, 2600 Airport Freeway, Fort Worth, Texas. *** Larry Boyd, Chair Tarrant County 9-1-1 ATTEST: Richard Fregoe Tarrant County 9-1-1 _________________________________ By: _______________________________ Agenda Packet Page Number: 3 TARRANT COUNTY 9-1-1 STATEMENT OF REVENUE AND EXPENSES (Unaudited) FOR THE FOUR MONTH PERIOD ENDED JANUARY 31, 2015 CURRENT YEAR TO DATE ANNUAL BUDGET % OF BUDGET 341,080 748,133 3,127 0 1,092,340 999,929 3,628,316 13,749 0 4,641,994 2,884,484 10,832,925 45,000 0 13,762,409 35% 33% 31% 0% 34% 111,995 28,452 11,358 1,624 0 0 153,429 450,187 100,239 46,046 6,451 0 6,057 608,980 1,623,416 362,180 178,101 21,510 0 6,000 2,191,207 28% 28% 26% 30% 0% 101% 28% Supplies and Materials Office Supplies Printing Postage Maps and Materials Software Total Materials and Supplies 3,075 0 303 108 0 3,486 8,155 875 303 8,403 0 17,736 52,005 9,000 7,100 27,100 46,900 142,105 16% 10% 4% 31% 0% 12% Furniture and Equipment Office Furniture Office Equipment PSAP Furniture PSAP Equipment Total Furniture & Equipment 0 0 0 0 0 0 3,160 0 512 3,160 10,850 39,120 11,200 14,000 75,170 0% 8% 0% 0% 4% 1,162 0 0 60,330 80 0 6,074 67,646 4,550 10,000 120 290,686 7,418 3,009 23,637 339,420 50,000 12,000 66,740 5,786,053 139,745 235,000 88,950 6,378,488 9% 83% 0% 5% 5% 1% 27% 5% Revenues Revenue-Landline Revenue-Wireless Interest Income Other Total Revenue Expenses Personnel Services Salaries Health Benefits Retirement Benefits Medicare Social Security Workers' Compensation Total Personnel Services Services and Rentals Contractual Services Legal Professional Audit Equipment Maintenance Other Services Professional Development Building Improvements - Repairs Building Utilities Total Contractual Services Agenda Packet Page Number: 4 Statement of Revenue and Expenses January 31, 2015 Page 2 CURRENT YEAR TO DATE Lease Payments Equipment Back-Up Site Lease Back-Up Site Fuel Back-Up Site Maintenance Total Lease Payments 420 3,413 0 202 4,035 420 28,513 0 648 29,581 4,200 88,798 7,000 44,500 144,498 10% 32% 0% 1% 20% Travel and Auto Auto Allowance Travel Total Travel and Auto 2,900 1,863 4,763 11,600 11,997 23,597 40,200 125,875 166,075 29% 10% 14% 725 70 795 4,719 220 4,939 12,731 12,073 24,804 37% 2% 20% 554 197,012 0 2,500 0 200,066 2,242 1,496,171 0 10,031 113,722 1,622,166 8,400 6,239,076 6,679,596 45,000 603,744 13,575,816 27% 24% 0% 22% 19% 12% 0 0 25,997 25,997 31,100 31,100 84% 84% 6,213 6,085 14,824 27,122 31,486 6,085 14,824 52,395 100,750 95,200 168,950 364,900 31% 6% 9% 14% Total Services & Rentals 304,427 2,098,095 20,685,681 10% Total Expenditures 461,342 2,727,971 23,094,163 12% Memberships and Subscriptions Memberships Subscriptions Total Memberships & Subscriptions Utilities Office Telephone 9-1-1 Service 9-1-1 System Enhancements PS 9-1-1 Service Wireless Costs Total Utilities Insurance Insurance Total Insurance Advertising Public Ed Products/Services Public Ed Printing Public Ed Activities Total Advertising Agenda Packet Page Number: 5 ANNUAL BUDGET % OF BUDGET Statement of Revenue and Expenses January 31, 2015 Page 3 ENCUMBERANCES FY 2014 CURRENT FY 2014 Encumbered Funds Other Services 9-1-1 System Enhancements Pub Ed Products/Services Total Encumbrances FY2013-14 58,516 0 0 58,516 YEAR TOTAL TO DATE ENCUMBERED 229,070 0 0 229,070 TOTAL REMAINING 491,731 281,713 6,300 779,743 262,661 281,713 6,300 550,673 YEAR TOTAL TO DATE ENCUMBERED TOTAL REMAINING ENCUMBERANCES FY 2013 CURRENT FY 2013 Encumbered Funds 9-1-1 System Enhancements Total Encumbrances FY2012-13 0 0 180,774 180,774 3,247,277 3,247,277 3,066,503 3,066,503 YEAR TOTAL TO DATE ENCUMBERED TOTAL REMAINING ENCUMBERANCES FY 2011-12 CURRENT FY 2011-12 Encumbered Funds Other Services Building Improvements - Repairs 9-1-1 System Enhancements Total Encumbrances FY2011-12 0 0 0 0 172,457 6,986 124,683 304,126 Agenda Packet Page Number: 6 184,944 239,794 293,172 717,910 12,487 232,808 168,489 413,784 LANDLINE AND WIRELESS REVENUES January 31, 2013 to January 31, 2015 Revenues 1,350,000 1,300,000 1,250,000 1,200,000 1,150,000 1,100,000 1,050,000 1,000,000 950,000 900,000 850,000 800,000 750,000 700,000 650,000 600,000 550,000 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 Dates Agenda Packet Page Number: 7 Landline Wireless Tarrant County 9-1-1 District 11:32 AM Checks Written for $5000 or More 02/12/15 Cash Basis Date 01/26/2015 01/26/2015 01/26/2015 01/29/2015 02/04/2015 02/11/2015 02/11/2015 02/11/2015 02/11/2015 02/11/2015 02/11/2015 02/11/2015 02/11/2015 January 22 through February 12, 2015 Name Villafranca Technical Services, Inc. DIR Telecommunications Services Division Mission Critical Partners, Inc. The Piland Group Six Flags Over Texas AT&TAT&T-AT&T---AT&T--Brio Direct The Eppstein Group Irving Police DepartmentCity of Colleyville Police Department Memo Contractor Work for Kleck & GIS T1 Circuits: Radio and 9-1-1 Monitoring Consulting Services for CPE Project; 11-30-2014 through 12-27-2014 Cinema Public Education Campaign Deposit for Telecommunicators Appreciation Event, April 18, 2015 IP Network Access Charges IP Network Monitoring Sonet Billing 9-1-1 Service Rulers w/Sharpener and Eraser Consulting Services-February 2015 Reimbursement of Allowable Expenses Reimbursement of Allowable Expenses TOTAL Paid Amount 9,785.00 5,806.30 16,971.70 14,824.00 6,503.00 25,738.11 5,713.75 129,096.56 255,309.13 6,300.00 5,000.00 99,141.00 9,452.64 589,641.19 Agenda Packet Page Number: 8 Page 1 Article XVI. Texting and Driving Sec. 16.01 General Provisions Employees are required to be familiar with and comply with local laws before using a wireless device while operating a motor vehicle for business purposes. Safe operation of any vehicle in the performance of district business is the responsibility of the driver and must be given appropriate attention at all times. In every situation, do not use a wireless device while the vehicle is in motion if doing so distracts attention from driving. Additionally, all employees are prohibited from using data services on their wireless devices, such as texting or accessing the mobile web or other distracting activities, while driving. Agenda Packet Page Number: 9 Board of Managers Tarrant County 9-1-1 District Fort Worth, Texas We have audited the financial statements of the governmental activities and the major fund information of Tarrant County 9-1-1 for the year ended September 30, 2014, and have issued our report thereon dated February 12, 2015. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated August 26, 2014. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by Tarrant County 9-1-1- are described in the notes to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the current year. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate affecting the District’s financial statements was: Management’s estimate of the capital assets is based on expected lifespan of the assets in accordance with standard guidelines. We evaluated the key factors and assumptions used to develop the estimate of useful lives in determining that it is reasonable in relation to the financial statements taken as a whole. The TCDRS actuarial valuation is based on various assumptions. We evaluated the key factors and assumptions used to develop the actuarial valuation in determining that it is reasonable in relation to the financial statements taken as a whole. The financial statement disclosures are neutral, consistent, and clear. Agenda Packet Page Number: 10 Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit’s financial statements taken as a whole. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated February 12, 2015. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the governmental unit’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the governmental unit’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. 2 Agenda Packet Page Number: 11 Accounting and Financial Reporting for Pensions—an amendment of GASB Statement No. 27 Governmental Accounting Standards Board Statement No. 68 (“GASB 68”), Accounting and Financial Reporting for Pensions—an amendment of GASB Statement No. 27, is effective for periods beginning after June 15, 2014. The primary objective of this Statement is to improve accounting and financial reporting by state and local governments for pensions. This Statement establishes standards for measuring and recognizing liabilities, deferred outflows of resources, and deferred inflows of resources, and expense/expenditures. For defined benefit pensions, this Statement identifies the methods and assumptions that should be used to project benefit payments, discount projected benefit payments to their actuarial present value, and attribute that present value to periods of employee service. The requirements of this Statement will improve the decision-usefulness of information in employer and governmental nonemployer contributing entity financial reports and will enhance its value for assessing accountability and interperiod equity by requiring recognition of the entire net pension liability and a more comprehensive measure of pension expense. Decision-usefulness and accountability also will be enhanced through new note disclosures and required supplementary information, as follows: More robust disclosures of assumptions will allow for better informed assessments of the reasonableness of pension measurements. Explanations of how and why the net pension liability changed from year to year will improve transparency. The summary net pension liability information, including ratios, will offer an indication of the extent to which the total pension liability is covered by resources held by the pension plan. The contribution schedules will provide measures to evaluate decisions related to the assessment of contribution rates—in comparison to actuarially, statutorily, or contractually determined rates, when such rates are determined. It also will provide information about whether employers and nonemployer contributing entities, if applicable, are keeping pace with those contribution rates. The consistency and transparency of the information reported by employers and governmental nonemployer contributing entities about pension transactions will be improved by requiring: The use of a discount rate that considers the availability of the pension plan’s fiduciary net position associated with the pensions of current active and inactive employees and the investment horizon of those resources, rather than utilizing only the long-term expected rate of return regardless of whether the pension plan’s fiduciary net position is projected to be sufficient to make projected benefit payments and is expected to be invested using a strategy to achieve that return A single method of attributing the actuarial present value of projected benefit payments to periods of employee service, rather than allowing a choice among six methods with additional variations 3 Agenda Packet Page Number: 12 Immediate recognition in pension expense, rather than a choice of recognition periods, of the effects of changes of benefit terms and the effects of projected pension plan investment earnings. Recognition of pension expense that incorporates deferred outflows of resources and deferred inflows of resources related to pensions over a defined, closed period, rather than a choice between an open or closed period. This information is intended solely for the use of the Board of Managers and management of Tarrant County 9-1-1 District and is not intended to be and should not be used by anyone other than these specified parties. Waco, Texas February 12, 2015 4 Agenda Packet Page Number: 13 TARRANT COUNTY 9-1-1 DISTRICT Fort Worth, Texas COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED SEPTEMBER 30, 2014 Prepared by: Tarrant County 9-1-1 District, Finance Department Agenda Packet Page Number: 14 TARRANT COUNTY 9-1-1 DISTRICT TABLE OF CONTENTS SEPTEMBER 30, 2014 Page Number INTRODUCTORY SECTION Letter of Transmittal .................................................................................................. i-v Organizational Chart .................................................................................................. vi List of Board of Managers and Management ............................................................ vii FINANCIAL SECTION Independent Auditors’ Report.................................................................................... 1–3 Management’s Discussion and Analysis ................................................................... 4–7 Basic Financial Statements: Statement of Net Position and Governmental Fund Balance Sheet ............... 8 Statement of Activities and Governmental Fund Revenues, Expenditures and Changes in Fund Balances .................................... 9 Notes to Financial Statements ........................................................................ 10 – 18 Required Supplementary Information: Schedule of Revenues, Expenditures and Changes in Fund Balance – General Fund Budget and Actual............................. 19 TCDRS Schedule of Funding Progress.......................................................... 20 Notes to Required Supplementary Information ............................................. 21 Agenda Packet Page Number: 15 TARRANT COUNTY 9-1-1 DISTRICT TABLE OF CONTENTS SEPTEMBER 30, 2014 Page Number STATISTICAL SECTION Net Position by Component ........................................................................... 1 22 – 23 Changes in Net Position ................................................................................. 2 24 – 25 Fund Balance of Governmental Funds .......................................................... 3 26 – 27 Changes in Fund Balance of Governmental Funds ....................................... 4 28 Principal Contract Revenue Payers................................................................ 5 29 Demographic and Economic Statistics .......................................................... 6 30 Ten Principal Employers ............................................................................... 7 31 Fulltime Equivalent Agency Employees by Function .................................. 8 32 Operating Indicators by Function .................................................................. 9 33 Capital Asset Statistics by Function/Program ............................................... 10 34 – 35 COMPLIANCE SECTION Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards............................. Agenda Packet Page Number: 16 36 – 37 INTRODUCTORY SECTION Agenda Packet Page Number: 17 February 12, 2015 Members of the Board of Managers and Constituents of Tarrant County 9-1-1 District: We are pleased to submit the Comprehensive Annual Report of Tarrant County 9-1-1 District (the District) for the fiscal year ended September 30, 2014. Texas Health and Safety Code, Chapter 772.200 requires that “as soon as practicable after the end of each District fiscal year, the Director shall prepare and present to the Board and to each participating jurisdiction in writing a sworn statement of all money received by the District and how the money was used during the preceding fiscal year covered report.” The District is also required by legislation to have an independent financial audit of the District performed annually. This report is published to fulfill that requirement for the fiscal year ended September 30, 2014. Management assumes full responsibility for the completeness and reliability of the information contained in this report, based upon a comprehensive framework of internal control that it has established for this purpose. Because the cost of internal control should not exceed anticipated benefits, the objective is to provide reasonable, rather than absolute, assurance that the financial statements are free of any material misstatements. Pattillo, Brown and Hill, L.L.P., Certified Public Accountants, have issued an unmodified (“clean”) opinion on Tarrant County 9-1-1 District’s financial statements for the year ended September 30, 2014. The independent auditors’ report is located at the front of the financial section of this report. Management’s discussion and analysis (MD&A) immediately follows the Independent Auditors’ Report and provides a narrative introduction, overview, and analysis of the basic financial statements. MD&A complements this letter of transmittal and should be read in conjunction with it. Profile of the Government The establishment of the District was authorized by the State Legislature and ratified by voters in 1985 for the express purpose of implementing and maintaining an Enhanced 9-1-1 emergency call network for residents of the District. Service was established in August 1987. District boundaries include all of Tarrant County, all areas outside Tarrant County included in the corporate limits of a member city, plus DFW Airport and the City of Irving. The District is governed by an eight member Board of Managers, comprised of two members appointed by the City of Fort Worth, one member appointed by Tarrant County Commissioners i Agenda Packet Page Number: 18 Court, City of Arlington, City of Grand Prairie, City of Irving, and the Tarrant County Mayor’s Council. One non-voting member represents the major service supplier. Board members are appointed for staggered terms of two years, with three members’ terms expiring each year. Board members serve without compensation. The Board has the responsibility of appointing a District Director, establish the Director’s compensation, control and management of the District, and adopting rules for the operation of the District. The District provides 9-1-1 service and equipment to a population base of over 2.2 million through 46 Public Safety Answering Points (PSAPs). It is the District’s mission to provide reliable, accurate, responsive and effective emergency communication networks and services to our member jurisdictions ensuring the protection of life and property for citizens in our community. The District supports 9-1-1 calls from more than fifty landline companies, five wireless providers, several VoIP (Voice over Internet Protocol) providers and numerous private telephone systems. In 2014, the District’s Public Safety Answering Points (PSAPs) processed 2,072,010 9-1-1 calls with over 83% of those being processed from wireless callers. The District’s Director is required to prepare, under the direction of the Board of Managers, an annual budget for the District. To be effective, the budget must be approved by the Board, and be presented and approved by Tarrant County Commissioners Court. The budget must also be presented and approved by the governing body of each municipality eligible to appoint a member to the Board of Managers, and approved by a majority of the governing bodies. The legal level of budgetary control (i.e., the level at which expenditures may not legally exceed appropriations) is the object level. Local Economy The District is located in Tarrant County, Texas which is in the Dallas/Fort Worth (DFW) metro area. DFW is the fastest-growing metro area in Texas, and the fourth largest metropolitan area in the nation, with a population of more than 6.8 million. Since 2000, Tarrant County has added nearly 462,000 residents, increasing the population to 1.9 million. The District boundaries have a diverse nature of business sectors that make up the local economy, without an overwhelming dominance by any one industry. Business sectors include aircraft, automobile and electronic manufacturing, tourism, livestock and agri-business, transportation, financial services and tourism. Four major sports franchises, as well as DFW International Airport and Texas Motor Speedway are located within the District’s boundaries. According to the 2013 Census Bureau report the median household income within the District boundaries of Tarrant County was $56,895, while the state’s was $51,900. The area has a cost of living index of 94 which is below the US average. Legislation under which the District was created authorizes the District to receive a monthly perline fee from each telephone customer of up to six percent of the dominate telephone service provider’s base rate. The following monthly 9-1-1 service fees on each telephone line remain at the amount they were initially assessed in 1985: Residential Lines: .20 per line ii Agenda Packet Page Number: 19 Business Lines: Trunk Lines: Nomadic VoIP Lines: .46 per line .74 per line .50 per line In addition to the fee established by the Board of Managers, the District also receives a portion of the statewide surcharge on wireless telephone service. The surcharge is assessed at 50 cents per activated handset and is distributed to 9-1-1 jurisdictions based on population. Long-term financial planning and major initiatives Unrestricted fund balance (the total of the committed, assigned, and unassigned components of fund balance) in the general fund at year end was 164.95 percent of total general fund revenues. On an annual basis, the District develops a 5-year financial forecast which is considered for adoption by the Board during its May workshop. This financial forecasting provides the Board and management with a long-term view of the financial health of the District. The District operates with three major types of reserve funds: Legally Restricted Reserves, Board Designated Reserves and Unrestricted Reserves. Legally Restricted Reserves have restrictions imposed by an outside source, such as bond covenants, contractual obligations, etc. Board Designated Reserves are set aside for a specific purpose as determined by the Board of Managers. The Board of Managers has the authority to redirect the use of these reserves as the needs of the District change. Unrestricted Reserves are planned for use within a budget year for contingencies. Legally Restricted Reserves 9-1-1 Emergency Equipment Fund This fund was established by the Board to fund equipment acquisition and replacement projects as planned in the Capital Improvement Program (CIP) and the Five-Year Financial Plan. The balance shall not exceed total expenditures planned in the Capital Improvement Program and Five-Year Financial Plan. Board Designated Reserves Employee Benefits Payable Fund Long-term financial obligations of the District. Sick Leave Payable: It is the policy of the District to reward an employee upon retirement for up to 960 hours of their unused sick leave in accordance with the provision of the Personnel Policy. Vacation Payable: Upon termination of employment, each employee is eligible for their accrued vacation up to a maximum amount which is determined by years of service. TCDRS Underfunding: If at any time the District’s Texas County and District Retirement System (TCDRS) account is underfunded, the District will establish sufficient reserves to fully fund that account. Unemployment Compensation: The District is self-insured against unemployment liabilities. The District shall maintain sufficient reserves for this self-insurance. iii Agenda Packet Page Number: 20 PSAP Assistance Fund The minimum balance in this fund shall be three (3) million dollars. Any excess revenue, after all obligations for operating, 9-1-1 emergency equipment and employee benefits payable reserve funds have been met, shall be transferred to this account and be made available two budget years later. Example; excess revenue in FY14 shall be budgeted in the PSAP Assistance Account in FY16. All disbursements shall be made in accordance with the PSAP Assistance Program policy manual. Unrestricted Undesignated Reserves Any remaining balance shall be considered unrestricted reserves. Any excess reserves in this category may result in an adjustment to the District’s service fee. In a strategic planning process, the following Budget Performance goals were developed: Additional Revenue Opportunities – Staff will review and report on any additional revenue opportunities that may be available to the District; Customer Service – Staff will maintain the highest levels of customer service to all member entities and the general public; Efficiencies – Staff will explore all avenues to make District operations even more efficient; Cost-containment – Staff will continue to be as conservative as possible in managing the cost/quality margin resulting in as much cost-containment as possible without compromising the quality of service; Service Delivery – Staff will continue to provide the level of service our member entities expect and deserve. Relevant Financial Policies The District developed a comprehensive Investment Policy to comply with Section 772 of the Health and Safety Code and Chapter 2256 of the Government Code (“Public Funds Investment Act”), which requires each Entity to adopt a written investment policy regarding the investment of its funds and funds under its control. The Investment Policy addresses the methods, procedures and practices that must be exercised to ensure effective and judicious fiscal management of the District’s funds. The Investment Policy governs the investment of all financial assets of the District. The funds covered by this Policy are: General Fund Revenue Funds Capital Projects Funds Trusts and Agency Funds, to the extent not required by law or existing contract to be kept segregated and managed separately iv Agenda Packet Page Number: 21 Any new fund created by the District, unless specifically exempted from this Policy by the Board of Managers or by law. The District will manage and invest its cash with four primary objectives, listed in order of priority: safety, liquidity, public trust, and yield, expressed as optimization of interest earnings. The safety of the principal invested always remains the primary objective. All investments will be designed and managed in a manner responsive to the public trust and consistent with state and local law. The District has also developed a Financial Contingency Plan to establish triggers and actions in response to an unexpected financial crisis. There are four phases of this Contingency Plan, which are: Phase 1, Financial Advisory: National, State or Local financial instability that may adversely affect the District’s revenue stream; Phase 2, Financial Watch: Revenue (actual or projected) falls below 95% of budget – based on a three (3) month rolling average; Phase 3, Financial Warning: A financial watch condition has been in effect for more than 180 days; or actual revenue falls below 90% of budget; or projected revenue falls below 80% of budget – based on a three (3) month rolling average; Phase 4, Financial Emergency: A financial warning condition has been in effect for more than 90 days; or revenue (actual or projected) falls below 60% - based on a three (3) month rolling average. Acknowledgments A Certificate of Achievement for Excellence in Financial Reporting is valid for a period of one year only. However, we believe our current year CAFR meets the Certificate of Achievement for Excellence in Financial Reporting Program’s requirements, and we are submitting it to the GFOA to determine its eligibility for a certificate. The preparation of this report would not have been possible without the skill, effort, and dedication of the entire staff of the Tarrant County 9-1-1 District. Credit is also due to the Board of Managers for their unfailing support for maintaining the highest standards of professionalism in the management of the Tarrant County 9-1-1 Emergency Assistance District finances. Respectfully submitted, Greg Petrey Executive Director Melinda Oliver CFO/Business Manager v Agenda Packet Page Number: 22 TARRANT COUNTY 9-1-1 DISTRICT Organizational Chart 10/01/2014 BOARD OF MANAGERS EXECUTIVE DIRECTOR Greg Petrey CFO/BUSINESS MANAGER Melinda Oliver ADMINISTRATIVE ASSISTANT Mandy Chanthapanya GIS ANALYST Warren Austin GIS ANALYST Phillip Rohrbough DIRECTOR OF OPERATIONS Wanda McCarley GEOGRAPHIC INFORMATION SYSTEMS MANAGER Yui Skulpoonkitti GPS/GIS SPECIALIST Gary Ross TRAINING MANAGER Yvonne Krumm TECHNICAL OPERATIONS MANAGER Kevin Kleck NETWORK SUPPORT ANALYST Monte Cockrum IMPLEMENTATION SPECIALIST Sarah Therrien Agenda Packet Page Number: 23 NETWORK SUPPORT SPECIALIST Danny Willars PSAP SUPPORT SPECIALIST Tina Chaffin DATA BASE AND QUALITY ASSURANCE MANAGER Bill Horne DATA BASE COORDINATOR Gracie Martinez TARRANT COUNTY 9-1-1 BOARD OF MANAGERS AND MANAGEMENT SEPTEMBER 30, 2014 Board of Managers Larry Boyd Chair City of Irving Don Crowson City of Arlington Vickie Gray City of Fort Worth Richard Fregoe Secretary City of Grand Prairie Jim Griffin Treasurer Mayors’ Council Rick Brunson Vice Chair Tarrant County Commissioners Court Adam Thorne AT&T Sam Greif City of Fort Worth Management Greg Petrey Executive Director Bill Horne Database & Quality Assurance Manager Melinda Oliver CFO/Business Manager KevinKleck Technical Operations Manager Wanda McCarley Director of Operations Yvonne Krumm Training Manager Yui Skulpootnkitti GIS Manager vii Agenda Packet Page Number: 24 FINANCIAL SECTION Agenda Packet Page Number: 25 INDEPENDENT AUDITORS’ REPORT Board of Managers Tarrant County 9-1-1 District Fort Worth, Texas Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities and the major fund of Tarrant County 9-1-1 District (the “District”), as of and for the year ended September 30, 2014, and the related notes to the financial statements, which collectively comprise the District’s basic financial statements as listed in the table of contents. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors’ Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors’ judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. 1 Agenda Packet Page Number: 26 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and the major fund of the District, as of September 30, 2014, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the District’s basic financial statements. The introductory section, and statistical section, are presented for purposes of additional analysis and are not a required part of the basic financial statements. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis, budgetary comparison information and schedule of funding progress on pages 4 – 7 and 18 – 21 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. 2 Agenda Packet Page Number: 27 Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated February 12, 2015, on our consideration of the District’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District’s internal control over financial reporting and compliance. Waco, Texas February 12, 2015 3 Agenda Packet Page Number: 28 Management’s Discussion and Analysis As management of the Tarrant County 9-1-1 District, we offer readers of the District’s financial statements this narrative overview and analysis of the financial activities of the District for the fiscal year ended September 30, 2014. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal. Financial Highlights: The assets of the Tarrant County 9-1-1 District exceeded its liabilities as of September 30, 2014, by $28,448,778 (Net position). Of this amount, $3,778,469 is invested in capital assets. The remaining amount is unrestricted (unrestricted net position) and may be used to meet the District’s ongoing obligations to citizens in accordance with the District’s bylaws and fiscal policies. The District’s total net position decreased by $175,348 during the current fiscal year. Overview of the Financial Statements: This discussion and analysis is intended to serve as an introduction to the Tarrant County 9-1-1 District’s basic financial statements. The District’s basic financial statements comprise two components: (1) government-wide financial statements, which include the fund financial statements, and (2) notes to the financial statements. The Statement of Net Position presents information showing how the District’s net position changed during the fiscal year. All changes in net position are reported when the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in the future fiscal periods. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the District is improving or deteriorating. The District, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. The General Fund is a governmental fund. Governmental fund financial statements focus on current sources and uses of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government’s near-term financing requirements. Notes to the Financial Statements – The notes provide additional information that is essential to a full understanding of the data provided in the financial statements. 4 Agenda Packet Page Number: 29 Other Information - In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the District’s budgetary schedule for the General Fund. The District adopts an annual budget for this fund. A budgetary comparison schedule, which includes the original and final budget and actual figures, has been provided to demonstrate compliance with this budget. Required supplementary information can be found on page 19 of this report. Financial Analysis: As noted earlier, net position may serve over time as a useful indicator of the District’s financial position. As of September 30, 2014, the District’s assets exceeded liabilities by $28,448,778. TARRANT COUNTY 9-1-1’S NET POSITION 2014 Current and other assets Capital assets $ 25,418,566 3,778,469 2013 $ 24,170,595 5,265,910 29,197,035 29,436,505 Other liabilities Long-term liabilities 492,740 255,517 541,816 270,563 Total liabilities 748,257 812,379 3,778,469 24,670,309 5,265,910 23,358,216 Total assets Net position: Invested in capital assets Unrestricted $ Total net position 28,448,778 $ 28,624,126 Analysis of the District’s Operations – Overall, the District had a slight increase in revenues in fiscal year 2014 of $429,380. The District experienced an increase in current and other assets of $1,247,971 in fiscal year 2014. The District’s total expenses in 2014 were $4,680 more than in 2013, and revenues were $429,380 more than 2013. This resulted from various new programs and services provided to the member entities. 5 Agenda Packet Page Number: 30 TARRANT COUNTY 9-1-1’S CHANGE IN NET POSITION 2014 Current and other assets Capital assets $ 25,418,566 3,778,469 2013 $ 24,170,595 5,265,910 29,197,035 29,436,505 Other liabilities Long-term liabilities 492,740 255,517 541,816 270,563 Total liabilities 748,257 812,379 3,778,469 24,670,309 5,265,910 23,358,216 Total assets Net position: Invested in capital assets Unrestricted $ Total net position 28,448,778 $ 28,624,126 Financial Analysis of the General Fund The focus of the governmental fund is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the District’s financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government’s net resources available for discretionary use as they represent the portion of fund balance which has not yet been limited to use for a particular purpose by an external party, the District itself, or a group or individual that has been delegated authority to assign resources for use for particular purposes by the District’s Board of Managers. At September 30, 2014, the District General Fund reported a fund balance of $23,777,140, an increase of $915,512, in comparison of the prior year. A measure of the General Fund’s liquidity, it may be useful to compare both unassigned fund balance and total fund balance to total General Fund expenditures. Unassigned fund balance represents 1.76% of total General Fund expenditures. The fund balance of the District’s increased by $915,512 during the current fiscal year. General Fund Budgetary Highlights During the year there were no amendments to increase either the original estimated revenues or original budgeted appropriations. The most significant difference between the actual amounts and budgeted expenditures related to 9-1-1 service fees and lease and contractual services by $8,121,681 and $1,714,146, respectively. These variances were a result of negotiated wireless fees being less than anticipated, and a contractual issue precluded implementation of CPE Equipment which delayed payment to the contractor. 6 Agenda Packet Page Number: 31 Capital Assets: At the end of 2014, the District had approximately $3.8 million invested in a broad range of capital assets, including land, facilities and equipment. More detailed information about the District’s capital assets is presented in the notes to the financial statements. Major capital purchases in the current year include PSAP equipment. Debt Administration: The District does not have any outstanding debt. Discussion of Currently Known Facts, Decisions or Conditions for Fiscal Year 2015: An excess of revenues over expenditures in 2013-2014 will result in an increase in the equipment replacement fund of over $1,500,000 by the end of the fiscal year September 30, 2014, leaving an estimated $23.9 million remaining in equipment replacement fund at the close of the year. The 9-1-1 service itself, being directly impacted by changing technology, has continuously re-invented itself, from early enhanced 9-1-1 through the explosive growth of mobile wireless phones. The Tarrant County 9-1-1 District has been able to remain on the cutting edge and has invested heavily in meeting requirements of changing telecommunications. While the existence of 9-1-1 networks that do not accommodate wireless callers still exist across the nation, the Tarrant County 9-1-1 District is part of the 48% of the nation currently providing its PSAP’s with location and call-back data from wireless callers. In 2014, wireless calls accounted for more than 80% of all 9-1-1 calls answered by our member entities. Currently, a push is underway among the larger districts in Texas to implement “Next Generation” 9-1-1 (NG9-1-1) services, which recognizes the growing number of callers, both residential and commercial, that have switched their phone service completely to internet-based telecommunications services and/or converged wireless and VoIP services. Limitations of the current network and database platforms were exposed when wireless callers were added to the 9-1-1 network over the past 20 years. The telecommunications industry (both wireline and wireless) is moving rapidly from circuit switched technology to Voice over Internet Protocol (VoIP). It is widely accepted that the existing 9-1-1 technology based on circuit-switched networks and a database of static ALI records will not be able to support emerging technologies such as text messaging and video services. Requests for Information: This financial report is designed to provide our citizens with a general overview of the District’s finances. If you have any questions about this report or need any additional information, please contact the Executive Director at 2600 Airport Freeway, Fort Worth, Texas 76111, or call (817) 334-0911. 7 Agenda Packet Page Number: 32 BASIC FINANCIAL STATEMENTS Agenda Packet Page Number: 33 TARRANT COUNTY 9-1-1 DISTRICT STATEMENT OF NET POSITION AND GOVERNMENTAL FUND BALANCE SHEET SEPTEMBER 30, 2014 General ASSETS Cash and investments 9-1-1 tax receivable Net pension asset Nondepreciable capital assets Depreciable capital assets, net Total assets $ LIABILITIES Accounts payable Long-term liabilities: Due within one year Due in more than one year Total liabilities FUND BALANCE/NET POSITION Fund balance: Unassigned Total fund balance Total liabilities and fund balance 23,386,123 798,585 24,184,708 $ 1,233,858 188,602 3,589,867 5,012,327 $ 23,386,123 798,585 1,233,858 188,602 3,589,867 29,197,035 407,568 - 407,568 407,568 85,172 255,517 340,689 85,172 255,517 748,257 23,777,140 23,777,140 $ Statement of Net Position Adjustments ( ( 23,777,140) 23,777,140) - 24,184,708 Net position: Net investment in capital assets Unrestricted 3,778,469 24,670,309 $ Total net position 28,448,778 The accompanying notes are an integral part of these financial statements. 8 Agenda Packet Page Number: 34 3,778,469 24,670,309 $ 28,448,778 TARRANT COUNTY 9-1-1 DISTRICT STATEMENT OF ACTIVITIES AND GOVERNMENTAL FUND REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED SEPTEMBER 30, 2014 General Expenditures/expenses: 911 services: 9-1-1 service fees Personnel Lease and contractual services Supplies and materials Other fees and services Other Depreciation Total 911 services $ 5,968,466 2,233,372 4,494,282 65,037 271,176 440,801 13,473,134 $ ( 26,212 13,499,346 Capital outlay Total expenditures/expenses General revenues: 9-1-1 tax Interest income Total general revenues ( 915,512 Change in net position Fund balance/net position: Beginning Ending 396,581) 27,877 1,485,776 1,117,072 22,861,628 $ 23,777,140 - 14,362,452 52,406 14,414,858 ( 915,512) ( 175,348) 9 ( 5,762,498 $ 5,968,466 1,836,791 4,494,282 65,037 271,176 468,678 1,485,776 14,590,206 14,590,206 4,671,638 The accompanying notes are an integral part of these financial statements. Agenda Packet Page Number: 35 $ 26,212) 1,090,860 14,362,452 52,406 14,414,858 Excess of revenues over expenditures Statement of Activities Adjustments 175,348) 28,624,126 $ 28,448,778 TARRANT COUNTY 9-1-1 DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2014 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting policies of the Tarrant County 9-1-1 District (the “District”) as reflected in the accompanying financial statements for the year ended September 30, 2014, conform to generally accepted accounting principles for local governmental units as prescribed by the Governmental Accounting Standards Board. A summary of the District’s significant accounting policies applied in the preparation of the accompanying financial statements follows: Reporting Entity The financial statements of the District include all governmental activities, organizations and functions as required by generally accepted accounting principles. The District is a special communications district authorized by the Emergency Communication District Act (Article 1432d, Vernon’s Texas Civil Statutes) of May 10, 1983, and confirmed by the voters of Tarrant County on April 6, 1985. The number 9-1-1 is the primary emergency telephone number in the Tarrant County area which facilitates a quick response to any person calling the number seeking police, fire, medical and other emergency services. There are no component units of the District as so defined by generally accepted accounting principles. Government-wide and Fund Financial Statements The government-wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the government. Governmental activities are supported by 9-1-1 franchise taxes and investment revenue. There are no internal activities and therefore no eliminations are necessary to present the government-wide statements. The statement of activities demonstrates the degree to which the direct expenses of a given function are offset by program revenue. Direct expenses are those that are identifiable with a specific function, personnel, operations or direct services. Direct services are 9-1-1 system related expenses. General revenue includes a 9-1-1 franchise tax collected by vendors for telephone services and remitted to the District and interest on District deposits and investments. The government-wide and fund financial statements are provided for the governmental fund of the District with a column for adjustments between the two statements. 10 Agenda Packet Page Number: 36 Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenue is recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. 9-1-1 taxes are recognized as revenue in the year for which they are earned. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenue is recognized as soon as it is both measurable and available. Revenue is considered to be available when it is collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the District considers revenue to be available if collected within 30 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, expenditures related to compensated absences are recorded only when the payment is due. 9-1-1 franchise taxes and interest associated with the current fiscal year are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. The District reports the following major governmental fund: The General Fund is the District’s primary operating fund. It accounts for all financial resources of the government, except those required to be accounted for in another fund. Assets, Liabilities and Net Position or Fund Balance Cash and Investments Cash deposits consist of demand deposits with financial institutions. Investments are stated at fair value. Fair value is the amount at which a financial instrument could be exchanged in a current transaction between willing parties. The District considers quoted market price at September 30, 2014, to be the fair value of investments. 9-1-1 Tax Receivable Accounts receivable are recorded at gross amount with uncollectible amounts recognized under the direct write-off method. No allowance for uncollectible accounts has been provided since the District believes it will collect a substantial amount of the receivable. Capital Assets Capital assets, which include property, plant and equipment, are reported in the governmental activities column in the government-wide financial statements. The District defines capital assets as assets with an initial, individual cost of more than $5,000 and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. 11 Agenda Packet Page Number: 37 The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets’ lives are not capitalized. Property, plant and equipment are depreciated using the straight-line method over the following useful lives: Assets Years Building Furniture and equipment 40 1-7 Compensated Absences It is the District’s policy to permit employees to accumulate earned but unused vacation and sick leave benefits, which are eligible for payment upon separation from the District. Vacation and sick leave is accrued when incurred in the government-wide financial statements. A liability for these amounts is reported in the governmental fund financial statements only if they have matured, for example, as a result of employee resignations and retirements. 9-1-1 Taxes A tax is assessed by the District on telephone customers within the North Texas area, to be collected from customers and remitted to the District by the telephone companies providing services in the area. The following fees were assessed for 2014: Residential: $.20 flat fee per line Business lines: $.46 flat fee per line Business trunks: $.74 flat fee per line Nomadic VoIP: $.50 flat fee per line The telephone companies are permitted to retain 1% of the collected 9-1-1 fees as an administrative fee to cover the cost of collection. The amounts collected in any one calendar month by the telephone companies are due in 30 days after the last day of the calendar month. The 9-1-1 taxes are paid to telephone companies based upon equipment and line usage. Texas House Bill 2129 established a statewide flat 50-cent monthly fee to all wireless customers. This monthly fee is to be collected by the cellular providers and is to be remitted to the Commission on State Emergency Communications in Austin, Texas, within 30 days following collection. Within 15 working days, the Commission distributes all funds collected to the emergency assistance districts according to the districts’ populations. Tarrant County 91-1 District receives approximately 8.704% of all funds collected by the Commission. 12 Agenda Packet Page Number: 38 Fund Balance The governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the District is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The classification used in the District’s governmental fund financial statements is as follows: Unassigned: This classification includes the residual fund balance for the General Fund. The unassigned classification also includes negative residual fund balance of any other governmental fund that cannot be eliminated by offsetting of assigned fund balance amounts. Commitments of fund balance can be used only for specific purposes pursuant to constraints imposed by ordinance of the Board of Managers, the District’s highest level of decision making authority. These amounts cannot be used for any other purpose unless the Board of Managers removes or changes the specified use by taking the same type of action that was employed when the funds were initially committed. An assignment of fund balance is constrained by the District’s intent to be used for a specific purpose but are neither restricted nor committed. This intent can be expressed by the Board of Managers. When an expenditure is incurred for purposes for which both restricted and unrestricted fund balance is available, the District considers restricted funds to have been spent first. When an expenditure is incurred for which committed, assigned, or unassigned fund balances are available, the District considers amounts to have been spent first out of committed funds, then assigned funds, and finally unassigned funds. Net Position Net position represents the difference between assets and liabilities. Net position invested in capital assets, consists of capital assets net of related debt, and accumulated depreciation. Net position are reported as restricted when there are limitations imposed on their use either through the enabling legislations adopted by the District or through external restrictions imposed by creditors or laws or regulations of other governments. When both restricted and unrestricted resources are available for use, it is the District’s policy to use restricted resources first, then unrestricted resources, as they are needed. Estimates The preparation of financial statements, in conformity with generally accepted accounting principles, requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Actual amounts could differ from those estimates. 13 Agenda Packet Page Number: 39 2. RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS Explanation of Certain Differences Between the Statement of Net Position and Governmental Fund Balance Sheet The Statement of Net Position and Governmental Fund Balance sheet includes adjustments between fund balance and net position. The reasons for these adjustments follow: Net pension assets in the statement of net assets are not current financial resources and, therefore, are not reported in the governmental funds balance sheet. $ 1,233,858 Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. 3,778,469 Long-term liabilities (compensated absences) are not due and payable in the current period and, therefore, are not reported in the funds. 340,689 The Statement of Activities and Governmental Fund Revenues, Expenditures and Changes in Fund Balance includes adjustments between the change in fund balance and change in net position. The reasons for these adjustments follow: Governmental funds report capital outlays as expenditures. However, in the Statement of Activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount of capital outlay for the year. $ 26,212 Governmental funds report capital outlays as expenditures. However, in the Statement of Activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount of depreciation expense for the year. Some expenses (compensated absences) reported in the Statement of Activities do not require the use of current financial resources, and, therefore, are not reported in the funds. Some expenses (loss on capital asset disposal) reported in the Statement of Activities do not require the use of current financial resources, and therefore, are not reported in the funds Annual pension contributions are reported as expenditures in the governmental funds. However, in the government-wide statement of activities, the annual pension cost is expensed and the net pension asset is amortized. 3. 1,485,776 ( 2,485) 27,877 399,066 DETAILED NOTES ON ALL FUNDS Deposits and Investments Interest Rate Risk. In accordance with its investment policy, the District manages its exposure to declines in fair market values by maintaining a mix of investments with staggered maturity dates. 14 Agenda Packet Page Number: 40 Custodial Credit Risk. In the case of deposits, this is the risk that in the event of a bank failure, the District’s deposits may not be returned to it. State statutes require that all deposits in financial institutions be fully collateralized by U. S. Government obligations or its agencies and instrumentalities or direct obligations of Texas or its agencies and instrumentalities that have a fair value of not less than the principal amount of deposits. As of September 30, 2014, the District’s deposit balance was collateralized with securities held by the pledging financial institution in the District’s name or by FDIC insurance. Credit Risk. Currently, the District does not have a policy regarding credit risk. Capital Assets Capital asset activity for the year ended September 30, 2014, was as follows: Beginning Balance Government activities: Capital assets, not being depreciated: $ Land Total capital assets, not being depreciated Increases $ 188,602 188,602 - Reclassifications/ Decreases $ - - Ending Balance $ - 188,602 188,602 Capital assets, being depreciated: Building PSAP equipment Furniture and equipment Total capital assets, being depreciated 1,171,711 9,169,235 376,482 5,629 20,583 ( ( 109,809) 114,617) 1,171,711 9,065,055 282,448 10,717,428 26,212 ( 224,426) 10,519,214 Less accumulated depreciation: Building PSAP equipment Furniture and equipment ( 144,544) ( 5,238,916) ( 256,660) ( 1,421,224) ( 35,259) ( 29,293) 87,847 108,702 - ( 1,477,921) ( 5,165,473) ( 285,953) ( 5,640,120) ( 1,485,776) 196,549 ( 6,929,347) 5,077,308 (1,459,564) (27,877) 3,589,867 $ 5,265,910 $( 1,459,564) 27,877) $ 3,778,469 Total accumulated depreciation Total capital assets, being depreciated, net Governmental activities capital assets, net $( Long-term Liabilities Long-term liability activity from the year ended September 30, 2014, was as follows: Balance 09/30/13 Governmental activities: Compensated absences Governmental activities long-term liabilities Additions Balance 09/30/14 Reductions Due Within One Year $ 338,204 $ 15,698 $( 13,213) $ 340,689 $ 85,172 $ 338,204 $ 15,698 $( 13,213) $ 340,689 $ 85,172 15 Agenda Packet Page Number: 41 4. OTHER INFORMATION Retirement Plan Plan Description The District provides retirement, disability and death benefits for all of its fulltime employees through a nontraditional defined benefit pension plan in the statewide Texas County and District Retirement System (“TCDRS”). The Board of Trustees of TCDRS is responsible for the administration of the statewide agent, multiple-employer, public employee retirement system consisting of nontraditional defined benefit pension plans. TCDRS, in the aggregate, issues a comprehensive annual financial report (“CAFR”) on a calendar-year basis. The CAFR is available upon written request from the TCDRS Board of Trustees at P. O. Box 2034, Austin, Texas 78768-2034. The plan provisions are adopted by the Board of Directors of the District within the options available in the Texas state statutes governing TCDRS (the “TCDRS Act”). Members can retire at age 60 and above with 8 or more years of service, with 20 years of service regardless of age, or when the sum of their age and years of service equals 75 or more. Members are vested after eight years of service, but must leave their accumulated contributions in the plan to receive any employer-financed benefit. Members who withdraw their personal contributions in a lump sum are not entitled to any amounts contributed by their employer. Benefit amounts are determined by the sum of the employee’s contributions to the plan, with interest, and employer-financed monetary credits. The level of these monetary credits is adopted by the governing body of the employer within the actuarial constraints imposed by the TCDRS Act so that the resulting benefits can be expected to be adequately financed by the employer’s commitment to contribute. At retirement, death or disability, the benefit is calculated by converting the sum of the employee’s accumulated contributions and the employer-financed monetary credits to a monthly annuity using annuity purchase rates prescribed by the TCDRS Act. Funding Policy The District has elected the annually determined contribution rate (“ADCR”) plan provisions of the TCDRS Act. The plan is funded by monthly contributions from both employee members and the employer based on the covered payroll of employee members. Under the TCDRS Act, the contribution rate of the employer is actuarially determined annually. The employer contributed the using the actuarially determined rate of 10.00% for the months of the accounting year in 2014 and 8.05% for the months in accounting year 2013. The contribution rate payable by the employee members for calendar year 2014 and 2013 is 7% as adopted by the governing body of the District. The employee contribution rate and the employer contribution rate may be changed by the governing body of the District within the options available in the TCDRS Act. 16 Agenda Packet Page Number: 42 Annual Pension Cost For the year ended September 30, 2014, the District’s annual pension costs and net pension obligation (asset) were as follows: Annual required contribution (ARC) $ Interest on net pension obligation (asset) 139,296 ( 75,131) 103,449 Adjustment to ARC Annual pension cost 167,614 Contributions made ( 566,680) Net pension obligation (asset), beginning of year ( 834,792) Change in net pension obligation (asset) ( 399,066) $( 1,233,858) Net pension obligation (asset), end of year The annual required contributions were actuarially determined as a percent of the covered payroll of the participating employees, and were in compliance with GASB Statement No. 27 parameters based on the actuarial valuations as of December 31, 2012 and December 31, 2013, the basis for determining the contribution rates for calendar years 2013 and 2014. The December 31, 2013 actuarial valuation is the most recent valuation. Actuarial Valuation Information Actuarial Valuation Date 12/31/11 12/31/12 12/31/13 Actuarial cost method Amortization method entry age level percentage of payroll, open entry age level percentage of payroll, closed entry age level percentage of payroll, open Amortization period in years Asset valuation method 30 SAF: 10-yr smoothed value ESF: Fund Value 2.7 SAF: 10-yr smoothed value ESF: Fund Value 30 SAF: 5-yr smoothed value ESF: Fund Value 8.00% 8.00% 8.00% 5.4% 5.4% 4.9% Inflation 3.5% 3.5% 3.0% Cost-of-living adjustments 0.0% 0.0% 0.0% Actuarial Assumptions: Investment return1 Projected salary increases 1 Trend Information for the Retirement Plan Fiscal Year Ending 09/30/12 09/30/13 09/30/14 Annual Pension Cost (APC) $ 167,080 104,214 167,614 Contributions Made $ 704,677 161,817 566,680 17 Agenda Packet Page Number: 43 Percentage of APC Contributed 422% 155% 338% Net Pension Obligation (Asset) $( ( ( 763,411) 821,014) 1,233,858) Schedule of Funding Progress for the Retirement Plan The funded status as of December 31, 2013, the most recent actuarial valuation completed, is presented as follows: Plan Year 2013 Actuarial Accrued Liability (AAL) (b) Actuarial Value of Assets (a) $ 6,410,180 $ 5,959,876 Unfunded AAL (UAAL) (b-a) $( 450,304) Annual Covered Payroll (1) (c) Funded Ratio (a/b) 107.56% $ 1,283,990 UAAL as a Percentage of Covered Payroll ((b-a)/c) ( 35.07%) The schedule of funding progress, presented as Required Supplementary Information following the notes to the financial statements, presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liability of benefits. Risk Management The District is exposed to various risks of loss related to torts; theft of, damage to, or destruction of assets; errors and omissions; and workers’ compensation. The District purchases commercial insurance to provide coverage for losses from torts’ theft of, damage to, or destruction of assets; errors and omissions. The amount of settlements has not exceeded insurance coverage for each of the past three fiscal years. The District is self-insured against workers’ compensation risk. The District doesn’t have an unpaid claim liability at September 30, 2014, based on the requirements of GASB Statement No. 10, which require that a liability for claims be reported in information prior to the issuance of the financial statements and the amount of the loss can be reasonably estimated. However, events could occur that would cause the estimate for unpaid claims liability to differ materially in the near term. The claims liability for workers’ compensation incurred but not reported is estimated by management using a three-month claims lag analysis. During the previous two fiscal years the District has not had any claims and a liability is not reported in the fiscal statements. Contingencies From time to time, the District is a defendant in various lawsuits. Although the outcome of such matters cannot be forecasted with certainty, it is the opinion of management and legal counsel that the likelihood is remote that any such matters will have a material adverse effect on the District’s financial position or results of operations. 18 Agenda Packet Page Number: 44 REQUIRED SUPPLEMENTARY INFORMATION Agenda Packet Page Number: 45 TARRANT COUNTY 9-1-1 DISTRICT SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND FOR THE YEAR ENDED SEPTEMBER 30, 2014 Budgeted Amounts Original Final REVENUES 9-1-1 tax Interest income Total revenues $ 14,219,117 45,000 14,264,117 EXPENDITURES 9-1-1 servies: 9-1-1 service fees Personnel Lease and contractual services Supplies and materials Other fees and services Other Total expenditures 14,219,117 45,000 14,264,117 ( 9,238,031) ( 22,861,628 FUND BALANCE, BEGINNING $ 13,623,597 $ 14,116,539 2,072,815 6,208,428 96,700 450,291 557,375 23,502,148 14,116,539 2,072,815 6,208,428 96,700 450,291 557,375 23,502,148 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES FUND BALANCE, ENDING $ Actual Amounts 9,238,031) 13,623,597 19 Agenda Packet Page Number: 46 $ 5,994,678 2,233,372 4,494,282 65,037 271,176 440,801 13,499,346 23,777,140 8,121,861 160,557) 1,714,146 31,663 179,115 116,574 10,002,802 10,153,543 22,861,628 $ 143,335 7,406 150,741 ( 915,512 22,861,628 $ 14,362,452 52,406 14,414,858 Variance with Final Budget Positive (Negative) $ 10,153,543 TARRANT COUNTY 9-1-1 DISTRICT SCHEDULE OF FUNDING PROGRESS TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM FOR THE YEAR ENDED SEPTEMBER 30, 2014 Value of Assets (a) Year 2011 2012 2013 $ 5,120,724 5,284,215 6,410,180 Liability (AAL) (b) $ 5,111,465 5,340,557 5,959,876 AAL (UAAL) (b-a) $( 9,259) 56,342 ( 450,304) Funded Ratio (a/b) 100.18% $ 98.95% 107.56% 20 Agenda Packet Page Number: 47 Covered Payroll (c) 1,300,322 1,307,521 1,283,990 of Covered Payroll ((b-a)/c) ( ( 0.71%) 4.31% 35.07%) TARRANT COUNTY 9-1-1 DISTRICT NOTES TO REQUIRED SUPPLEMENTARY INFORMATION FOR THE YEAR ENDED SEPTEMBER 30, 2014 Budgetary Information An annual budget is adopted on a basis consistent with generally accepted accounting principles for the General Fund. The appropriated budget is prepared by fund, function and object. Transfers of appropriations between objects require the approval of the Board. The legal level of budgetary control (i.e., the level at which expenditures may not legally exceed appropriations) is the object level. Supplemental budgetary appropriations were not made during the current year. 21 Agenda Packet Page Number: 48 STATISTICAL SECTION Agenda Packet Page Number: 49 STATISTICAL SECTION (Unaudited) This part of the Tarrant County 9-1-1 District’s comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the government’s overall financial health. Contents Page Financial Trends These schedules contain trend information to help the reader understand how the District’s financial performance and wellbeing have changed over time. 23 – 27 Revenue Capacity These schedules contain information to help the reader assess the District’s most significant local revenue sources, the 9-1-1 charges. 28 – 29 Demographic and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the District’s financial activities take place. 30 – 31 Operating Information These schedules contain service and infrastructure data to help the reader understand how the information in the District’s financial report relates to the services the District provides and the activities it performs. 32 – 35 Sources: Unless otherwise noted, the information in these schedules is derived from the comprehensive annual financial reports for the relevant year. Agenda Packet Page Number: 50 TARRANT COUNTY 9-1-1 DISTRICT NET POSITION BY COMPONENT LAST TEN FISCAL YEARS Fiscal Year 2006 2005 Governmental activities: Net investment in capital assets Unrestricted Total governmental activities net position Primary government: Net investment in capital assets Unrestricted Total primary government net position $ 530,688 7,000,620 $ $ 7,531,308 $ 10,797,976 $ 15,108,159 $ 530,688 7,000,620 $ $ $ 7,531,308 $ 10,797,976 22 Agenda Packet Page Number: 51 490,566 10,307,410 2007 490,566 10,307,410 $ 1,459,117 13,649,042 1,459,117 13,649,042 $ 15,108,159 TABLE 1 2008 2009 2010 Fiscal Year 2011 $ 1,976,122 16,669,182 $ 2,674,643 21,430,732 $ 5,195,039 22,976,505 $ 7,405,948 20,804,819 $ 6,848,800 22,375,374 $ 5,265,910 23,358,216 $ 3,778,469 24,670,309 $ 18,645,304 $ 24,105,375 $ 28,171,544 $ 28,210,767 $ 29,224,174 $ 28,624,126 $ 28,448,778 $ 1,976,122 16,669,182 $ 2,674,643 21,430,732 $ 5,195,039 22,976,505 $ 7,405,948 20,804,819 $ 6,848,800 22,375,374 $ 5,265,910 23,358,216 $ 3,778,469 24,670,309 $ 18,645,304 $ 24,105,375 $ 28,171,544 $ 28,210,767 $ 29,224,174 $ 28,624,126 $ 28,448,778 23 Agenda Packet Page Number: 52 2012 2013 2014 TARRANT COUNTY 9-1-1 DISTRICT CHANGES IN NET POSITION LAST TEN FISCAL YEARS Fiscal Year 2006 2005 EXPENSES Governmental activities: 9-1-1 services Total governmental activities expenses Total primary government program expenses NET (EXPENSE) REVENUES Governmental activities Total primary government net expense $ 7,795,139 7,795,139 $ 7,590,769 7,590,769 $ 7,025,660 7,025,660 $ 7,795,139 $ 7,590,769 $ 7,025,660 $ 7,795,139 7,795,139 $ 7,590,769 7,590,769 $ 7,025,660 7,025,660 GENERAL REVENUES Governmental activities: 9-1-1 franchise tax Interest Total governmental activities Total primary government CHANGE IN NET POSITION Governmental activities $ Total primary government 2007 9,607,772 135,569 9,743,341 10,443,884 413,553 10,857,437 11,069,878 581,707 11,651,585 9,743,341 10,857,437 11,651,585 1,948,202 3,266,668 4,625,925 1,948,202 24 Agenda Packet Page Number: 53 $ 3,266,668 $ 4,625,925 TABLE 2 2008 2009 Fiscal Year 2011 2010 2012 2013 2014 $ 8,752,568 8,752,568 $ 7,446,364 7,446,364 $ 8,178,231 8,178,231 $ 13,052,530 13,052,530 $ 12,960,487 12,960,487 $ 14,585,526 14,585,526 $ 14,590,206 14,590,206 $ 8,752,568 $ 7,446,364 $ 8,178,231 $ 13,052,530 $ 12,960,487 $ 14,585,526 $ 14,590,206 $ 8,752,568 8,752,568 $ 7,446,364 7,446,364 $ 8,178,231 8,178,231 $ 13,052,530 13,052,530 $ 12,960,487 12,960,487 $ 14,585,526 14,585,526 $( 14,590,206) ( 14,590,206) $ 11,586,379 553,670 12,140,049 12,180,531 249,540 12,430,071 12,340,121 73,257 12,413,378 13,763,541 61,144 13,824,685 13,933,451 40,443 13,973,894 13,934,304 51,174 13,985,478 14,362,452 52,406 14,414,858 12,140,049 12,430,071 12,413,378 13,824,685 13,973,894 13,985,478 14,414,858 3,387,481 4,983,707 4,235,147 772,155 1,013,407 ( 1,013,407 $( 3,387,481 $ 4,983,707 $ 4,235,147 $ 772,155 $ 25 Agenda Packet Page Number: 54 600,048) ( 175,348) 600,048) $( 175,348) TARRANT COUNTY 9-1-1 DISTRICT FUND BALANCES GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS Fiscal Year 2005 General fund Unassigned Total general fund $ $ 2006 7,236,961 7,236,961 $ $ 10,529,086 10,529,086 26 Agenda Packet Page Number: 55 2007 $ $ 13,902,067 13,902,067 2008 $ $ 16,785,911 16,785,911 TABLE 3 Fiscal Year 2009 $ $ 20,902,268 20,902,268 2010 $ $ 23,045,323 23,045,323 2011 $ $ 2012 20,341,432 20,341,432 $ $ 21,832,084 21,832,084 27 Agenda Packet Page Number: 56 2013 $ $ 22,861,628 22,861,628 2014 $ $ 23,777,140 23,777,140 TABLE 4 TARRANT COUNTY 9-1-1 DISTRICT CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS Fiscal Year 2005 REVENUES 9-1-1 franchise taxes Interest Total revenues $ 2006 9,607,772 $ 135,569 9,743,341 2007 10,443,884 $ 413,553 10,857,437 2008 11,069,878 $ 581,707 11,651,585 2009 11,586,379 $ 553,670 12,140,049 2010 12,180,531 $ 249,540 12,430,071 2011 2012 2013 2014 12,340,121 $ 73,257 12,413,378 13,763,541 $ 61,144 13,824,685 13,933,451 $ 40,443 13,973,894 13,934,304 $ 51,174 13,985,478 14,362,452 52,406 14,414,858 10,890,865 10,890,865 16,528,576 16,528,576 12,483,242 12,483,242 12,955,934 12,955,934 13,499,346 13,499,346 EXPENDITURES 9-1-1 services Total expenditures 7,733,125 7,733,125 7,595,312 7,595,312 8,278,604 8,278,604 9,256,205 9,256,205 8,169,536 8,169,536 EXCESS OF REVENUES OVER (UNDER) $ EXPENDITURES 2,010,216 $ 3,262,125 $ 3,372,981 $ 2,883,844 $ 4,260,535 $ 1,522,513 $( 2,703,891) $ 1,490,652 $ 1,029,544 $ 915,512 NET CHANGE IN FUND BALANCES 2,010,216 $ 3,262,125 $ 3,372,981 $ 2,883,844 $ 4,260,535 $ 1,522,513 $( 2,703,891) $ 1,490,652 $ 1,029,544 $ 915,512 DEBT SERVICE AS A PERCENTAGE OF NONCAPITAL EXPENDITURES $ - % - % - % - % - % 28 Agenda Packet Page Number: 57 - % - % - % - % - % TABLE 5 TARRANT COUNTY 9-1-1 DISTRICT PRINCIPAL CONTRACT REVENUE PAYERS LAST TEN FISCAL YEARS Fiscal Year 2014 Total $ 14,062,475 AT&T $ 1,325,371 Verizon $ 326,367 CSEC $ 11,258,685 Other $ 1,152,052 2013 13,718,349 1,479,953 335,234 10,699,532 1,203,630 2012 13,784,870 1,652,019 352,592 10,784,320 995,939 2011 13,540,733 1,785,751 377,407 10,338,845 1,038,730 2010 12,300,450 1,813,299 400,595 9,179,752 906,804 2009 12,093,721 1,732,382 444,290 8,934,870 982,179 2008 11,879,650 1,848,266 972,181 8,259,302 817,901 2007 10,902,617 1,967,997 489,693 7,647,303 797,624 2006 NA NA NA NA NA 2005 NA NA NA NA NA Source: NA The District's financial records The information for fiscal year 2006 and 2005 are not available. 29 Agenda Packet Page Number: 58 TABLE 6 TARRANT COUNTY 9-1-1 DISTRICT DEMOGRAPHIC AND ECONOMIC STATISTICS LAST TEN FISCAL YEARS Fiscal Year Population (1) Per Capita Income (2) NA Unemployment Rate (%)(3) 2014 1,884,620 2013 1,858,921 44,417 84,905,643 6.10% 2012 1,831,230 43,044 78,823,464 6.20% 2011 1,817,840 40,965 74,467,816 8.30% 2010 1,809,034 39,367 71,216,241 7.90% 2009 1,807,750 37,567 67,911,744 8.20% 2008 1,780,150 38,918 69,279,878 5.10% 2007 1,745,050 68,538 67,250,737 4.30% 2006 1,702,250 36,642 62,373,845 4.60% 2005 1,642,950 34,275 56,312,111 5.00% Source: NA Total Personal Income (Amounts in thousands) 5.60% (1) N. Central Texas Council of Governments. Texas Dept. of State and Health Srv. Fort Worth Chamber of Commerce (2) Bureau of Economic Analysis U.S. Department of Commerce (3) Texas Workforce Commission NA - Not Available 30 Agenda Packet Page Number: 59 TABLE 7 TARRANT COUNTY 9-1-1 DISTRICT TEN PRINCIPAL EMPLOYERS CURRENT YEAR AND NINE YEARS AGO 2014 Employer American Airlines Group, Inc. Lockheed Martin Texas Health Resources Fort Worth Independent School District Naval Air Station Fort Worth Joint Reserve Base Arlington Independent School District JPS Health Network Cook Children's Health Care System Alcon Laboratories, Inc. Bell Helicopter D.R. Horton, Inc. City of Fort Worth SBC Southwestern Bell Tarrant County Government Employees(1) 24,000 12,600 12,207 12,000 10,000 8,500 6,000 5,611 5,451 5,400 Rank 1 2 3 4 5 6 7 8 9 10 2005 % of Tarrant County Employment(2) 2.53% 1.33% 1.29% 1.26% 1.05% 0.90% 0.63% 0.59% 0.57% 0.57% Source: (1) Fort Worth Business Press (2) Texas A&M Real Estate Center 31 Agenda Packet Page Number: 60 Employees 14,608 16,800 7,422 10,366 Rank 2 1 5 3 % of Tarrant County Employment 1.82% 2.09% 0.92% 1.29% 7,831 4 0.98% 4,900 5,770 5,606 4,443 4,213 8 6 7 9 10 0.61% 0.72% 0.70% 0.55% 0.52% TABLE 8 TARRANT COUNTY 9-1-1 DISTRICT FULL-TIME EQUIVALENT AGENCY EMPLOYEES BY FUNCTION LAST TEN FISCAL YEARS Function 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Executive Director 1 1 1 1 1 1 1 1 1 1 Operations Department 1 1 1 1 1 1 1 1 1 1 Technical Operations Department 1 1 1 2 2 2 3 3 4 4 GIS Department 4 4 4 4 4 4 4 4 4 4 Public Education Department 1 1 1 1 1 1 1 1 1 1 Training Department 1 1 1 2 2 2 2 2 2 2 Date Base Department 2 2 2 2 2 2 2 2 2 2 Administration Staff 3 3 3 3 3 3 3 2 2 2 14 14 14 16 16 16 17 16 17 17 Total Source: The District's finance department. 32 Agenda Packet Page Number: 61 TABLE 9 TARRANT COUNTY 9-1-1 DISTRICT OPERATING INDICATORS BY FUNCTION LAST TEN FISCAL YEARS Function 9-1-1 Services: Total 9-1-1 Calls Wireless 9-1-1 Calls % Wireless 9-1-1 Calls Wireline 9-1-1 Calls % Wireline 9-1-1 Calls VolP 9-1-1 Calls % VolP 9-1-1 Calls 2005 1,825,202 1,057,496 57.9% 767706 42.1% NA NA 2006 2,402,434 1,247,996 51.9% 1150518 47.9% 3920 0.2% 2007 1,958,036 1,327,141 67.8% 625667 32.0% 5228 0.3% 2008 2009 1,929,511 1,372,654 71.1% 551169 28.6% 5688 0.3% 1,912,980 1,425,720 74.5% 479316 25.1% 7944 0.4% Source: The District's operation's department. NA: Information is not available. 33 Agenda Packet Page Number: 62 2010 1,918,148 1,469,402 76.6% 437024 22.8% 11722 0.6% 2011 1,998,523 1,585,485 79.3% 897462 19.9% 15576 0.6% 2012 2,035,810 1,660,187 81.5% 345296 17.0% 30327 1.0% 2013 1,990,086 1,632,537 0.0% 325095 16.3% 32454 1.1% 2014 2,072,010 1,724,410 83.2% 304697 14.7% 42903 1.3% TARRANT COUNTY 9-1-1 DISTRICT CAPITAL ASSET STATISTICS BY FUNCTION LAST TEN FISCAL YEARS Function Land (1) (1) Building Furniture & Equipment(1) 9-1-1 Equipment by PSAP Arlington PD Arlington PD - Backup Azle Bedford PD Benbrook Blue Mound Burleson Burleson Backup Crowley Dalworthington Garden DFW Airport DFW Airport Backup Euless PD Everman Forest Hill PD Ft Worth PD/FD Backup Ft Worth PD/FD Grand Prairie EOC Grand Prairie Grapevine PD Haltom City Hurst 2005 2006 NA NA NA NA 2007 NA 2008 2009 NA NA 2010 2011 2012 2013 2014 188,602 188,602 188,602 188,602 188,602 1,332,299 1,332,299 1,332,299 1,234,617 1,262,631 1,262,631 1,171,711 1,171,711 567,286 518,671 527,127 637,790 738,192 304,531 444,828 413,062 376,482 376,482 81,737 28,502 NA NA NA NA NA 81,326 NA NA NA NA NA NA NA NA NA NA NA NA NA NA 81,737 28,502 NA NA NA NA NA 81,326 NA NA NA NA NA NA NA NA NA NA NA NA NA NA 81,737 28,502 81,737 28,502 81,737 28,502 81,737 47,046 1,007,715 552,504 1,580 40,712 15,804 15,804 43,687 81,326 40,644 15,804 45,656 15,804 39,263 48,290 15,804 899,054 1,318,270 15,804 431,936 17,399 17,399 17,399 1,008,925 552,504 57,649 40,712 60,972 15,804 58,477 81,326 40,644 15,804 45,656 15,804 40,758 48,290 61,301 900,549 1,318,270 170,561 433,431 70,725 1,459 17,399 1,042,419 552,504 57,649 40,712 60,972 15,804 58,477 81,326 40,644 38,533 45,656 15,804 40,758 48,290 61,301 900,549 1,348,695 170,561 433,431 72,590 NA NA 1,041,719 552,504 57,649 42,924 60,972 15,804 58,477 81,326 40,644 38,553 45,656 15,804 40,758 48,290 61,301 900,549 1,348,695 170,561 433,431 72,937 NA NA NA NA NA NA NA NA NA NA NA NA 81,326 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA 81,326 NA 23,313 NA NA NA 81,326 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA 81,326 24,840 20,537 NA NA 1,495 NA 23,360 NA 1,495 NA NA NA 1,495 38,000 NA NA 1,495 1,495 1,495 NA NA NA NA 34 Agenda Packet Page Number: 63 1,495 1,495 NA NA TABLE 10 TARRANT COUNTY 9-1-1 DISTRICT CAPITAL ASSET STATISTICS BY FUNCTION LAST TEN FISCAL YEARS Irving PD/FD Backup Irving FD Irving PD Kennedale NAS JRB NetCom N. Richland Hills Lake Worth Mansfield PD Medstar Pantego Regional Backup - Central Regional Backup - NE Regional Backup - NW Regional Backup - South Richland Hills River Oaks Saginaw Sansom Park Tarrant County Fire Alarm Tarrant County SO TC911 Training Watauga DPS Westover Hills Westworth Village PD White Settlement FD White Settlement PD 2005 34,180 NA 165,998 NA NA NA NA NA NA NA NA 55,224 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA 2006 34,180 NA 165,998 NA NA NA NA NA NA NA NA 55,224 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA 2007 34,180 NA 165,998 NA NA NA NA NA NA NA NA 60,224 NA NA NA NA NA NA NA NA NA 2,904 NA NA NA NA NA 2006 34,180 1,495 167,493 NA NA 1,495 NA NA 1,495 NA NA 60,224 NA NA 9,000 NA NA NA NA NA NA 4,399 NA NA NA NA NA 2009 34,180 1,495 167,493 NA NA 1,495 1,495 NA 1,495 NA NA 64,972 NA NA 358,196 NA NA NA NA 24,840 NA 29,008 17,286 30,328 NA NA NA Source: The District's finance and GIS departments. NA: Information is not available. 35 Agenda Packet Page Number: 64 2010 34,180 1,495 167,493 NA NA 43,215 1,495 24,711 23,360 626,073 24,711 88,285 1,495 NA 352,584 NA 21,793 20,537 NA 24,840 1,495 157,722 17,286 30,328 24,840 21,865 25,130 2011 51,579 15,804 211,654 39,177 15,804 87,376 15,804 40,515 39,263 643,471 40,515 345,125 239,656 239,656 394,656 36,341 37,597 36,341 NA 42,239 45,656 211,254 29,297 46,132 40,644 37,689 42,529 2012 51,579 49,859 213,149 39,117 NA 88,871 17,299 40,515 40,758 643,471 40,515 445,894 308,690 434,743 420,757 20,537 37,597 36,341 59,504 42,239 455,762 164,480 33,090 46,132 40,644 37,689 42,529 2013 72,590 49,859 213,149 39,117 NA 88,871 17,299 43,127 43,370 643,471 40,515 589,723 356,046 467,779 522,598 NA 37,597 36,341 59,504 42,239 455,762 156,277 33,090 46,132 40,644 37,689 45,140 2014 146,466 49,859 213,149 15,804 NA 88,871 17,299 42,727 42,970 643,471 40,515 588,324 355,647 467,380 613,208 NA 37,597 36,341 59,504 42,239 455,762 156,277 33,090 46,132 46,132 37,689 45,140 COMPLIANCE SECTION Agenda Packet Page Number: 65 INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Managers Tarrant County 9-1-1 District Fort Worth, Texas We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, and the major fund of Tarrant County 9-1-1 District (the “District”), as of and for the year ended September 30, 2014, and the related notes to the financial statements, which collectively comprise the District’s basic financial statements, and have issued our report thereon dated February 12, 2015. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the District’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the District’s internal control. Accordingly, we do not express an opinion on the effectiveness of the District’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 36 Agenda Packet Page Number: 66 Compliance and Other Matters As part of obtaining reasonable assurance about whether the District’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Waco, Texas February 12, 2015 37 Agenda Packet Page Number: 67 Tarrant County 9-1-1 District Board Communication DATE: RN: February 17, 2015 15-010 SUBJECT: Request from North Richland Hills for a dedicated back-up site KEY STRATEGIC MEASURE: This item supports KSM number I, Maintain Sound Government. RECOMMENDATION: Staff recommends denial of this request, based on existing policy. DISCUSSION: Based on current policy, requiring a minimum of 150,000 9-1-1 calls per year to warrant a dedicated back-up site, North Richland Hills’ (NRH) request was denied. NRH, through Director of Public Safety Jimmy Perdue, has appealed my decision to the Board. In light of the fact that I live in North Richland Hills, I have asked Wanda McCarley to facilitate the discussions concerning NRH’s request. As background, the following documentation is attached for your review: 1. NRH’s 2015 request for dedicated back-up site 2. NRH’s request to address the Board (appeal) 3. NRH’s 2011 request for dedicated back-up site 4. Recommendation for 2011 variance 5. 2007 staff report concerning regional back-up sites FISCAL INFORMATION: If this request is approved, the following costs are anticipated: 1. Moving existing equipment, adding 2 additional positions and re-provisioning legacy connectivity – $24,000 2. Upgrading this site to TCS equipment in FY2016 – $165,000 Submitted for Agenda by: Greg Petrey (817-820-1188) Additional Information Contact: Wanda McCarley (817-820-1185) Agenda Packet Page Number: 68 RN15-010 | Attachment 1 Agenda Packet Page Number: 69 RN15-010 | Attachment 2 Agenda Packet Page Number: 70 RN15-010 | Attachment 3 Agenda Packet Page Number: 71 RN15-010 | Attachment 4 Tarrant County 9-1-1 District Board Communication DATE: RN: August 31, 2011 11-043 SUBJECT: North Richland Hills Police Department Back-up Site RECOMMENDATION: Staff recommends approval of a variance to our existing minimum call volume requirements for the provision of a dedicated back-up PSAP. Staff also recommends amending our current policy to allow a ten percent annual call volume “credit” for each PSAP that is combined. Staff recommends that this variance and policy revision only be allowed where no additional district funds are required to accommodate the request; including, but not limited to installation of backroom equipment, additional positions or UPS upgrades. Requests under this variance must take into account any limitations or restrictions in operational environment precipitated by the existing space and equipment restrictions. DISCUSSION: On August 1, 2011, staff received a formal request from the City of North Richland Hills (NRH) for a dedicated back-up facility. NRH and three other municipalities are currently planning to combine their dispatch and jail operations in the NRH facility. Staff has calculated their combined annual 9-1-1 call volume to be approximately 109,515. Current policy requires 150,000 9-1-1 calls annually to qualify for a dedicated back-up site. It should be noted that our currently policy was established long before consolidations became common place occurrences. NRH is requesting to retain an existing site as this back-up facility. Therefore, no additional equipment or costs will be associated with providing this dedicated back-up site. Agenda Packet Page Number: 72 FISCAL INFORMATION/CERTIFICATION: There is no adverse financial impact to the District. The combined center will actually result in a net cost savings, over time. Submitted for Agenda by: Greg Petrey (817-820-1188) Additional Information Contact: Wanda McCarley (817-820-1185) Agenda Packet Page Number: 73 RN15-010 | Attachment 5 Tarrant County 9-1-1 District Staff Report SUBJECT: Emergency Back-up Public Safety Answering Points DATE: July 10, 2007 ASSIGNED STAFF: Greg Petrey, Executive Director BACKGROUND: Currently the District provides back-up Public Safety Answering Points (PSAP’s) to our larger cities and DFW airport, where the call volume dictates having fully redundant backup sites because it is not feasible for another PSAP to handle their calls for more than 30-60 minutes. These entities also have provided the facilities to house their backup PSAPs, which is important because the cost of PSAP equipment and networking are not the only hurdles to overcome in addressing the need for backup sites for the rest of our PSAPs. Over the past few years, especially since September 11, 2001, PSAP’s have increased their desire for back-up facilities. In order to accommodate their needs and be fiscally responsible, I have proposed, and you have approved funds to provide regional back-up sites. STATUS: Beginning in early 2006, discussions have been held with the City of North Richland Hills to provide space for a NE Regional Back-up PSAP in their former Fire Station located on Mid-Cities Dr. between Rufe Snow Dr. and Davis Blvd. While these discussions are ongoing, NRH has not committed to provide space as of this date. With the help of Rick Brunson, the Tarrant County Sheriff’s Office is currently entertaining the possibility of providing space at two of its facilities for a North East and South back-up site. At the present time, a request the use of these facilities is being prepared and will be posted on the Board’s website as soon as possible. BUDGET IMPACT: this purpose. $300,000 is available in our current operating budget for RECOMMENDED ACTION: Due to time constraints, this project will need to be on a “fast track”. If the Sheriff’s Office approves our request, I will propose that the south site be developed first. This site will require very little site preparation work and may be able to be completed before the end of the fiscal year. For the first time in my career, I am requesting a “blank check” for this project to meet our fiscal yearend. We will fully comply with all purchasing requirements. Agenda Packet Page Number: 74 Tarrant County 9-1-1 District Board Communication DATE: RN: February 17, 2015 15-011 SUBJECT: UPS support and Maintenance Agreement RECOMMENDATION: Staff recommends approval of the expenditure of $410,693.92 (over 5 years) to Power Associates Inc and requests authorization for the Executive Director to execute any and all necessary contracts or agreements. DISCUSSION: This renewal of UPS maintenance supports the Uninterruptable Power Supplies located at 36 PSAPs to support 9-1-1 and public safety. This renewal aligns all systems to a matching coterminous schedule of preventative and support maintenance. The payment of this renewal is equally spread over the 5 year duration of the program with the “Purchase Request” below representing the impact on the current budget. Vendor selection accomplished via competitive selection process. FISCAL INFORMATION/CERTIFICATION: Acct Number 5452 Acct Description 9-1-1 Telephone Service Amount Budgeted Previously Expended Purchase Request Remaining Budget $5,361,348 $1,283,176 $82,138.78 $3,996,033 Submitted for Agenda by: Wanda McCarley (817-820-1185) Additional Information Contact: Kevin Kleck (817-820-1170) Agenda Packet Page Number: 75 SERVICES AGREEMENT THIS SERVICES AGREEMENT (“Agreement”) is made and entered into as of February 23, 2015 (the “Effective Date”) by and between Tarrant County 9-1-1 Emergency Assistance District (“The District”), a political subdivision of the State of Texas operated pursuant to Tex as Health & Safet y Code, Chapter 771/772, as amended, having its principal place of business in Fort Worth, Texas, and Power Associates, Inc. (“PAI”), a corporation having its principal place of business in Houston, Texas. The District and PAI are referred to collectively as the “Parties” and individually as a “Party.” RECITALS WHEREAS, PAI wishes to provide The District with certain services relating to provision of information technology and related infrastructure equipment, software, support, maintenance, consulting and technical advice (the “Services”); NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the Parties hereto agree as follows: 1. Scope. Upon the terms and subject to the conditions set forth in this Agreement, PAI will provide to The District the Services. The scope of PAI’s obligation to provide equipment or services under this Agreement is limited to the Services described in this Agreement and as outlined in the Proposal for UPS Maintenance RFP #2014-01 dated December 18, 2014 and submitted by PAI to The District (“Proposal”), a true and correct copy of which is attached hereto as Exhibit A and incorporated by reference for all purposes. No other representation or promise, whether made prior to or subsequent to the execution of this Agreement or preprinted terms on any other order form, will be binding upon either Party unless agreed to in writing by the Parties. 2. Standard of Care. The Parties agree that The District will be entitled to Services provided in accordance with this Agreement in a professional manner consistent with industry standards, PAI policies and the standard of care provided to other PAI customers. 3. Purchase Orders for Additional Services and Equipment. Additional services, including new equipment or technical services shall only be provided upon execution by the Parties of a purchase order (“Purchase Order”). The terms of this Agreement and any terms and conditions of any transaction set forth on the Purchase Order exclusively shall govern The District’s procurement of equipment or services not included in the Services (i.e., equipment, supplies, documents, software and services) set forth on the Purchase Order for delivery in the United States. All Purchase Orders are subject to acceptance by PAI, which acceptance shall be deemed to occur, unless otherwise agreed to in writing by the Parties, upon execution by the Parties of the Purchase Order. Products and Services purchased through PAI (“Products”) will be invoiced on shipment, and payment is due within thirty (30) days of receipt of invoice or on the terms offered in the Purchase Order. Unless otherwise stated in a Purchase Order, PAI will use all commercially reasonable efforts to accomplish delivery by the indicated delivery date, if any, set forth in the Purchase Order. Agenda Packet Page Number: 76 4. Fees and Payment. The District shall pay to PAI the total amount of $410,693.92 for Services provided during the Term (as defined in Section 9 below), to be invoiced on an annual basis. Each invoice shall only be for services provided during the year covered by the invoice. Payment for Services shall be due and payable within thirty (30) days of receipt of invoice. 5. Limited Warranties. 5.1 Warranties of Products. PAI will transfer standard manufacturer’s warranty in effect at the time the warranty commences, and The District may separately purchase expanded warranty services as available. In addition, unless otherwise designated by PAI in a Purchase Order, for new Products purchased by The District from PAI, PAI warrants new equipment for 90 days, and software for 30 days, from date of delivery to be free from defects in material and workmanship, and to conform to PAI product specifications. If The District notifies PAI during the warranty period that a Product fails to comply with this warranty, PAI will facilitate the repair or replacement by the manufacturer of the Product. 5.2 Services. PAI shall provide services in accordance with the standard of care outlined in Paragraph 2 of this Agreement. PAI is a manufacturer’s representative of Eaton Corporation and is providing Eaton UPS maintenance services for the Equipment described in Exhibit A (the Proposal). The specific Terms and Conditions of the Services performed by Eaton Corporation are detailed in the document (T-0) “Terms and Conditions” attached to the Proposal. If PAI does not perform or provide the Services consistent with the standard of care as provided in Section 2, or consistent with any written statement of work made in any Purchase Order, PAI shall use commercially reasonable efforts to successfully re-perform the Services, or work on behalf of The District to have Eaton Corporation fulfill its agreed terms as outlined in document (T-0) attached to the Proposal, unless The District agrees to accept the work “as is.” 5.3 Exceptions. Please note, the following is not covered by warranty or maintenance service: Product or Equipment problems attributable to alterations or non-certified attachments; negligence, abuse or misuse, including failure to operate the Product or Equipment in accordance with manufacturer’s specifications; improper handling (except by PAI); failure of equipment not maintained by PAI or Eaton Corporation; improper use of supplies, fire, water, acts of God or other catastrophic events. PAI does not warrant the functionality of Products or Equipment installed as part of an integrated system unless so installed by PAI. EXCEPT AS STATED HEREIN, THERE ARE NO OTHER WARRANTIES--ORAL, WRITTEN, EXPRESS, OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS STATED HEREIN, PAI DOES NOT WARRANT THAT THE OPERATION OF PRODUCTS OR EQUIPMENT WILL BE UNINTERRUPTED OR ERROR FREE. PAI’S SOLE OBLIGATIONS AND THE DISTRICT’S SOLE REMEDIES ARE LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS OR EQUIPMENT OR A REFUND FOR THE PRODUCTS OR EQUIPMENT Agenda Packet Page Number: 77 AS SET FORTH APPLICABLE. IN THIS AGREEMENT, TO THE EXTENT 6. Software and Documents. Any software, firmware or documents furnished by PAI are licensed to The District on a nontransferable, nonexclusive basis. Unless otherwise agreed or configured by PAI, The District may use software at any one time only on a single processing unit of the class and model for which The District originally licensed it. The District’s Purchase Order may specify other or different license terms, concerning matters such as the number of users or site license rights, or The District and PAI may agree separately in writing to those terms. The District agrees not to copy (except a single archival copy or as authorized in writing by PAI), disclose, or transfer software, firmware, or documents provided by PAI as part of the Services to any other party. All authorized copies must preserve the applicable copyright notice and other proprietary legends, and such copies shall remain the property of PAI or its licensor. PAI is entitled to seek injunctive relief and all rights and remedies at law or equity with respect to any breach or threatened breach of this Agreement. 7. Infringements. PAI shall be responsible for any legal action involving PAI brand Products (provided the Products are used in the manner for which they were designed) which are claimed to infringe any U.S. patent, copyright or trade secret. The District must promptly notify PAI of any such action, cooperate with PAI in defending the claim, and PAI shall have sole control of the claim. PAI will either procure or restore The District’s right to use the Product (which may include a non-infringing replacement) or repurchase the Product. PAI will indemnify and hold harmless The District with respect to any third party claim alleging that The District’s use of any equipment or software provided by PAI infringes such third party’s intellectual property rights. This states PAI’s entire liability concerning infringements. 8. LIMITATIONS. EXCEPT WITH RESPECT TO GROSS NEGLIGENCE AND WILLFUL BREACH, PAI IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS OR REVENUE, WHETHER IN ANY ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. PAI WILL NOT BE LIABLE FOR DIRECT DAMAGES CAUSED BY LATE DELIVERY OF PRODUCT, UNLESS AGREED IN WRITING. FOR PURPOSES OF THIS SECTION 8, “PAI” INCLUDES PAI AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS. THIS LIMITATION OF LIABILITY INCLUDES CAUSES OF ACTION ARISING AS A RESULT OF THE ALLEGED SOLE OR CONCURRENT NEGLIGENCE OF PAI AND/OR UNDER STRICT LIABILITY. 9. Term and Termination. 9.1 Term. The term of this Agreement shall commence on January 1, 2015 (the “Effective Date”) and shall terminate on December 31, 2019. The total cost for Services will be billed in (5) five equal annual installments. Agenda Packet Page Number: 78 9.2 Termination with cause. If either Party materially defaults in the performance of any material provision of this Agreement, and such default is not cured within thirty (30) days after notice (“Default Notice”) specifying in reasonable detail the nature of the default, then the non-defaulting Party may by further notice terminate the Agreement for cause. 9.3 Termination without cause. Either Party may terminate this Agreement at any time by providing ninety (90) days written notice to the other Party. 9.4 Effect of Termination. In addition to those Services performed by PAI prior to termination of this Agreement, The District shall be responsible to pay for all Work authorized prior to the date of termination that is required to be performed by PAI after the date of termination. 10. Confidentiality. Each Party hereby agrees that from and after the date hereof, except as may be required by any Applicable Law or as otherwise expressly contemplated herein, neither Party (as the receiving Party) nor any of its representatives shall, without the prior written consent of the other Party (in such case, the disclosing Party), disclose (or permit to disclose) to any third person any proprietary or otherwise confidential information, including, without limitation, any trade secrets, technology, and information pertaining to (a) the business operations, strategies or affairs of the disclosing Party; or (b) the disclosing Party’s customers, pricing or marketing (“Confidential Information”); provided, however, that a receiving Party may disclose any such Confidential Information (i) to comply with any applicable laws, including specifically the Texas Public Information Act, provided, that prior to making any such disclosure such receiving Party shall, to the extent not prohibited by applicable laws, (A) promptly provide written notification to the disclosing Party of any proceeding of which it is aware which may result in disclosure, the nature of such information to be disclosed, and a description of the legal provisions requiring such disclosure, (B) use commercially reasonable efforts to limit or prevent such disclosure (the Parties agree that, in the event the District receives a Public Information Act request for PAI records, The District’s obligation hereunder will be met if the District informs PAI of its right to make arguments regarding the confidentiality of the records in accordance with Texas Government Code Section 552.305), and (C) if disclosure is ultimately required, notify the disclosing Party and provide a reasonable opportunity to review the proposed disclosure and comment thereon; (ii) to the extent that the Confidential Information is or becomes generally available to the public through no fault of the receiving Party, or its affiliates or representatives, making such disclosure; and (iii) to the extent that the same information becomes available to the receiving Party, making such disclosure on a non-confidential basis from a source other than the disclosing Party, or its affiliates or representatives, which source is not prohibited from disclosing such information by any legal, contractual, or fiduciary obligation or is not otherwise restricted from disclosing such Confidential Information. 11. Data Security and Privacy. PAI shall comply with all aspects of The District’s data protection and privacy policies, as revised from time to time, and comply with all The District’s physical and electronic security requirements and conditions for network and computer system access and usage, as revised from time to time. In the event PAI or its permitted subcontractors or permitted agents discover or are notified of a breach or potential breach of security with Agenda Packet Page Number: 79 respect to the foregoing, PAI shall immediately notify The District of such breach or potential breach. Both Parties agree to comply with all applicable laws with respect to data collection, security and privacy. 12. Disputes and Governing Law. This Agreement will be governed by and construed under the laws of the State of Texas, without regard for its choice of law principles. If any lawsuit should arise out of this Agreement, venue shall be in Tarrant County, Texas. 13. Notices. 13.1 Any notice required or permitted to be given in writing under this Agreement shall be mailed by certified mail, postage prepaid, return receipt requested, or sent by overnight air courier service, or personally delivered to a representative of the receiving Party, or sent by facsimile or return receipt requested electronic e-mail (provided an identical notice is also sent simultaneously by mail, overnight courier, or personal delivery as otherwise provided in this Section 13). All such communications shall be mailed, sent or delivered, addressed to the Party for whom it is intended, at its address set forth below: If to The District 2600 Airport Freeway Fort Worth, Texas 76111 Telephone: 817-334-0911 Facsimile: 817-882-0500 Attn: Kevin Kleck 13.2 If to PAI 13117 Green River Drive Building - C Houston, Texas 77044 Telephone: 281-459-4653 Facsimile: 281-459-4654 Attn: Michael Hodde All notices shall be deemed to have been received when delivered in person, sent by facsimile or electronic e-mail with electronic confirmation of successful transmission, or three (3) days after being sent by registered or certified mail as provided above. 14. General. Neither Party is liable for failing to fulfill its obligations due to acts of God, civil or military authority, war, riots, strikes, fire or other causes beyond its reasonable control; provided that The District shall have no obligation to pay for Services not provided due to such causes. Neither Party may assign this Agreement or its rights or obligations under it, except PAI may assign its specific duties under this Agreement to an affiliate and may use subcontractors to fulfill its obligations, provided that in such case PAI shall be fully responsible for the acts of such affiliates and subcontractors and shall be liable for such affiliates and subcontractors acts in connection with this Agreement as if they were PAI’s own. Eaton Corporation is solely responsible for the services resold by PAI under this Agreement and Eaton Corporation’s “Terms and Conditions” will prevail with respect to services provided by Eaton Corporation. No waiver by either Party of any provisions of this Agreement shall be deemed a waiver of future enforcement of that or any other provision. Agenda Packet Page Number: 80 POWER ASSOCIATES, INC. THE DISTRICT By: ________________________________ Michael Hodde, President By: _______________________________ Larry Boyd, Chairman Date: ______________________________ Date: _____________________________ Agenda Packet Page Number: 81 Exhibit A Proposal for UPS Maintenance Prepared For Tarrant County 9-1-1 Emergency Assistance District by Power Associates, Inc. Houston, Texas in response to RFP #2014-01 December 18, 2014 Agenda Packet Page Number: 82 POWER ASSOCIATES, INC. December 18, 2014 Mr. Kevin Kleck Operations Manager Tarrant County 9-1-1 Emergency Management District 2600 Airport Freeway Fort Worth, Texas 76111 Dear Mr. Kleck, Power Associates, Inc. appreciates the opportunity to present this proposal for maintenance services to the Tarrant County 9-1-1 Emergency Assistance District. We believe that you will find our qualifications and offerings of superior quality. Power Associates, Inc.’s proven experience providing power quality management solutions to businesses and public entities separates us from our competitors. We have an in depth understanding of the demands and requirements of the 9-1-1 Emergency environment, as a prominent provider of power management services to 9-1-1 entities in the State of Texas. We have made a strategic commitment to being the primary source for equipment, services and technical information to our 9-1-1 customers and partners. We work with our customers in partnership to ensure that their mission critical needs are met reliably and efficiently. Thank you for taking the time to review our proposal. Sincerely, Mike Hodde, President Power Associates, Inc. 13117 Greenriver Drive Building C Houston, Texas 77044 281-459-4653 ext. 111 Cell 832-512-6935 Agenda Packet Page Number: 83 13117 Greenriver Drive • Houston, TX 77044 • Tel: 281.459.4653 • Fax: 281.459.4654 Company Profile- Power Associates, Inc. POWER ASSOCIATES, INC. Power Associates, Inc. (PAI) was formed in 1994 to provide computer systems and facility integration services to the corporate and government market segments. Our goal has been to provide turn-key solutions for information technology systems and ancillary equipment. We have built a core team of professionals with expertise in technology, logistics and management of large projects for medium to large businesses, public entities, and international operations. In our 20 year history, we have focused on being a reliable and consistent partner for our customers. Over the past decade we have leveraged our data center expertise to provide electrical power conditioning and uninterruptable power solutions. Our management and staff acquired the knowledge and skills necessary to support that initiative, and we have developed relationships with external resources in order to meet those requirements which are more effectively handled by our partners. Power Associates, Inc. is a privately held corporation registered in the State of Texas with primary offices located at 13117 Greenriver Drive, Building C, Houston, Texas 77044. We are registered to do business in Texas, Louisiana, Oklahoma, Arkansas, and Alaska, and have deployed and supported solutions worldwide for our customers in the petrochemical, aerospace, healthcare, and public safety industries. Experience in the Public Safety Environment Power Associates, Inc. entered the public safety space in 2007, when we undertook installation of Eaton 9170+ UPS units in 15 PSAP locations supervised by the Bexar Metro 9-1-1 Network District. Our dedication to providing premium quality turn-key services allowed us to successfully expand services to PSAPs (Public Safety Answering Points) from entities throughout Texas. In addition to Bexar Metro, PAI has provided solutions to the Tarrant County 9-1-1 Emergency Assistance District. PAI is also the primary UPS and services provider for Houston-Galveston Area Council, Permian Basin Regional Planning Commission, McLennan County Emergency Assistance District, and Lubbock Emergency Communication District. PAI also supports a number of other PSAP’s and 9-1-1 call center locations around Texas either directly or through our relationship with 9-1-1 provider AT&T. We are also committed to the consulting industry for 9-1-1 and have continuing relationships with firms like Mission Critical Partners, RCC Consultants and engineering firms such as Baird, Hampton & Brown, Inc. We understand the zero-failure nature of this industry like no other power quality management provider. We have helped design redundant and fault-tolerant systems to ensure reliability and operability in emergency situations because we know that lives depend upon it. We answer the calls at night, on weekends, and on holidays because we know failure is not an option. We are also aware of the necessity for security and discretion associated with public safety operations. Our staff is required to undergo background checks before hiring, and we have participated in additional clearances and security certifications as necessary to enter secure facilities and provide services to critical equipment. We are Criminal Justice Information System (CJIS) cleared by several agencies and are committed to maintaining this status. PAI is onsite on a regular basis not only during the initial installation but for follow-up visits and problem resolution when required. Our 9-1-1 customers place a great deal of trust and faith in us, and we work very hard to make certain that trust is always earned. We strive to develop strong relationships with management and staff of the differing entities that are responsible for managing 9-1-1 operations. Agenda Packet Page Number: 84 Proprietary Information - Do Not Distribute - Power Associates, Inc. December 18, 2014 Experience and Familiarity with Equipment Specified POWER ASSOCIATES, INC. Power Associates, Inc. has a service base of over 130 installed Uninterruptible Power Supply (UPS) units in 9-1-1 sites in Texas. Additionally, we have a service base of 40+ three-phase units of similar size and/or configuration to the Tarrant County 9-1-1 three phase units. Our participation in the public safety environment has been strong and accounts for a significant part of our business. This includes the majority of the units specified in the request for proposal. We believe our familiarity with the equipment, its environment, and its history is an advantage to Tarrant County 9-1-1 in facilitating the management of maintenance and ongoing support for these units. In addition to our public safety customer base, PAI has placed 100’s of additional units of various sizes in commercial, industrial, banking, education and health care customer sites. Relationship with Manufacturer Power Associates, Inc. is an Eaton Authorized Power Specialist (EAPS). This designation reflects a commitment to maintaining a superior understanding of the Eaton product offerings and their implementation, including specialized training and experience. As a direct partner of Eaton we are provided with extensive resources and support. We are obligated to maintain a level of professional proficiency in their entire Power Quality Management line. This includes: single phase and three phase equipment; power distribution systems; software and monitoring systems; supportive products such as rack systems; cooling; and other infrastructure supporting products. Power Associates, Inc. works directly with Eaton to specify, configure, deliver, and install solutions which meet or exceed the requirements of our customers. We provide ongoing support and service of the solutions we sell. We not only advocate for our customers by ensuring the manufacturers we represent understand and respond to service needs, but we provide first level support for equipment, software and service. This not only speeds problem resolutions but also ensures customer satisfaction throughout the ownership cycle. PAI also holds regular ongoing training and thought leadership sessions for our customers and presents our offerings during industry trade shows such as Texas NENA/APCO. Power Associates, Inc. has been designated an Eaton EAPS since the program’s inception in 2007 and has been working directly with Eaton since 2002. PAI was recognized with the Eaton Partner Solution Selling Award in 2012 as the leading US-based EAPS, providing comprehensive power solutions. During this long relationship with Eaton, we have worked directly with product development teams and service managers providing real world feedback on the products and programs offered by Eaton. We are pleased that many innovations and improvements from that feedback were realized over the years. We continue to facilitate the interaction of the manufacturer and the end user to the mutual benefit of all parties. PAI has also developed custom products, such as the 9170 Remote Alarm Panel, and implementation methodologies for 9-1-1 customers to speed the implementation process of new and replacement units. This reduces installation times, ensures consistency of installation and provides smooth service transitions. Our projects with the Tarrant County 9-1-1 Emergency Assistance District and Bexar Metro 9-1-1 Network District have been the subjects of case studies produced and distributed by Eaton, including a video version of the Tarrant County case study distributed worldwide to Eaton associates as a case study for customer, vendor, and partner success. Eaton is presently highlighting solutions and services in the 9-1-1 Emergency marketplace in large part due to our mutual efforts in Texas. We feel that our relationship with the manufacturer, particularly with the emphasis on serving the unique needs of 9-1-1, make us the outstanding choice for providing additional solutions and services to Tarrant County 9-1-1. Agenda Packet Page Number: 85 Proprietary Information - Do Not Distribute - Power Associates, Inc. December 18, 2014 Scope of Services as Outlined in the RFP: 1.3 POWER ASSOCIATES, INC. SCOPE OF SERVICES: (Responses in Blue text below requirement) • 7x24x365 support Eaton and Power Associates support staff are available 7 x 24 x 365. Eaton and PAI are available for service call requests at the following numbers: Eaton Single Phase Support: 1-800-356-5737 Eaton Three Phase Support: 1-800-843-9433 Power Associates, Inc: 281-459-4653 (after hours 832-512-6935) • Next day response regardless of any holidays Support is 7 x 24 x 365 for all emergency service issues. • Annual unit preventative maintenance: check unit wiring and mechanical connections, visually inspect internal sub-assemblies and major components, check fan operation, clean foreign material from unit interior, check operation of alarm circuits, verify system parameters, calibrate unit to manufacturer’s specifications, verify bypass/static switch operation (internal or external) and voltages, perform inverter diagnostics, verify charger operation, and perform system operational test with customer loads. Contract offering meets all of the above Annual PM Requirements • Annual battery preventative maintenance: inspect battery room and ambient temperature, check battery wiring, check mechanical connections, clean dust and debris from battery tops and cabinet interior, visually inspect all batteries for cracks, leaks and corrosion, verify integrity of battery rack or cabinet, document system float voltage and charging current, document temperature and float voltage of batteries, re-torque bolt- on battery terminations, perform battery diagnostics, verify charger operation, and perform operational test of system with customer loads. Contract offering meets all of the above Annual Battery PM Requirements • Standard battery replacement for single phase units (9170+) All single phase batteries are included in units under contract. Batteries are replaced at the discretion of the field support staff. Batteries are changed as necessary to ensure operation. o 9315 and 9390 and external 9355 batteries will be handled outside this contract as needed • Battery coverage (battery replacements require inside delivery and removal) Contract offering meets this requirement. Battery replacements include inbound freight and proper disposal of batteries. Agenda Packet Page Number: 86 Proprietary Information - Do Not Distribute - Power Associates, Inc. December 18, 2014 • Coverage to include SNMP/X-Slot Cards, EMP, Relay cards and associated alarm panels POWER ASSOCIATES, INC. Items manufactured by Eaton will be replaced during the contract term by Eaton. Alarm Panels provided by PAI will be replaced by PAI during the contract term. • Verify customer specific settings of units for run time warnings, test times, etc. In addition to Eaton service performing these functions during normal service visits, PAI will perform similar checks when onsite to monitor system status and make recommendations for service or support based on system reviews. • Firmware upgrades as needed Contract offering meets all of the above Requirements. • Help desk support Contract offering meets all of the above Requirements. • On-site repair Contract offering meets all of the above Requirements. • Next day delivery of replacement parts and batteries Contract offering meets all of the above Requirements. • Respondent provider and Eaton providers and representatives able to pass background check Contract offering meets all of the above Requirements. Specific Eaton and PAI personnel are either currently certified or will be capable of meeting this requirement before entering the customers facility. • Tracking and documentation of units, service and entitlement PAI maintains a customer specific service database and ensures conformance with Eaton on all service contracts for the term on the agreement(s). Projects installed and completed by PAI also have associated project installation files which are used in the tracking, support and management of units in customer installations. • Maintenance technicians shall coordinate all on-site visits with District staff Contract offering meets all of the above Requirements. Agenda Packet Page Number: 87 Proprietary Information - Do Not Distribute - Power Associates, Inc. December 18, 2014 POWER ASSOCIATES, INC. • Single point of contact for all maintenance and support issues for all units to be provided for the duration of the renewal. Services to be included in the cost of the contract. Contract offering meets all of the above Requirements. PAI will provide support for the service contracts for the duration of the contracts. This service includes problem resolution tracking, vendor management, required service meetings, and documentation required in the fulfillment of the contract. PAI will provide these services onsite or remotely as deemed appropriate to resolve the issue. Maintenance performed on any of the covered units must be performed by an authorized Eaton maintenance technician. Electronic reports shall be provided for all maintenance visits. Contract offering meets all of the above Requirements. Agenda Packet Page Number: 88 Proprietary Information - Do Not Distribute - Power Associates, Inc. December 18, 2014 POWER ASSOCIATES, INC. ATTACHMENT A – SCOPE OF WORK/SAMPLE CONTRACT Attached to this proposal are two documents provided by Eaton outlining the Terms and Conditions for both the Single Phase and Three Phase Service Agreements. While PAI offers for sale Eaton maintenance services, the maintenance contract terms of service are provided by Eaton as the servicing partner. Power Associates, Inc. maintains liability insurance for all of the work we perform and hold coverage levels of $1,000,000 for each occurrence with a $2,000,000 general aggregate. Our vehicles are further insured for $1,000,000 and we carry a $1,000,000 umbrella policy. In PAI’s 20-year history, we have never filed for a work related liability claim. All of our turn-key partners and vendors carry similar or greater coverage amounts. Agenda Packet Page Number: 89 Proprietary Information - Do Not Distribute - Power Associates, Inc. December 18, 2014 Gold Plans Service Agreement Terms and Conditions (T-12) Eaton Corporation and Customer agree that the Gold Plan Coverage, Start-Up, or Preventative Maintenance, as selected on the front of this Agreement, and any other services (collectively “Service”) to be provided by Eaton Corporation (“Eaton”) to Customer shall be performed for the selected period of time, and any extensions, exclusively pursuant to the charges, terms and conditions set forth by both sides of this Agreement. 1. STANDARD WARRANTY The standard limited warranty offered on Eaton products (“Product”) covers parts and labor for two (2) years, if the repair is performed at the factory, during the initial warranty period. For details see the applicable Limited Warranty for the product. Also, under the standard warranty, if the repair is formed in the field, only repair parts are covered; all labor costs are at the Customer’s expense. 2. SELECTED SERVICE DEFINITIONS: 2.1 GOLD PLAN If this Plan option is selected, Eaton or its authorized representative shall ship a replacement unit with a like unit or one of equal value or required replacement parts, at Eaton’s discretion, to the Customer’s site via next day delivery (some restrictions apply), issue a Call Tag to pick up the replaced unit or parts and perform the following services: standard battery replacement, help desk support, battery coverage, and shipping. All parts, inhouse labor, batteries and shipping expenses are included. Any on-site (field) labor is not included in this Plan and is the Customer’s responsibility. 2.2 GOLD PLAN PLUS If this Plan option is selected, Eaton or its authorized representative shall perform an initial unit start-up and in the event of any failure during the duration of the agreement, ship a replacement module or unit with a like module or unit or one of equal value or required replacement parts, at Eaton’s discretion, to the Customer’s site via next day delivery (some restrictions apply), issue a Call Tag to pick up the replaced item(s) and perform the following services: standard battery replacement, help desk support, battery coverage, and shipping. All parts, inhouse labor, batteries and shipping expenses are included. Any on-site (field) repair labor is not included in this Plan and is the Customer’s responsibility. 2.3 ON-SITE GOLD PLAN If this Plan option is selected, Eaton or its authorized representative shall perform the following services: initial unit start-up, standard battery replacement, help desk support, on-site repair, next day delivery of replacement parts and batteries (some restrictions apply), battery coverage, labor, mileage, travel and shipping. 2.4 ON-SITE GOLD PLAN PLUS If this Plan option is selected, Eaton or its authorized representative shall perform the following services: start-up, unit preventative maintenance, battery preventative maintenance, standard battery replacement, help desk support, on-site repair, next day delivery of replacement parts and batteries (some restrictions apply), battery coverage, labor, mileage, travel and shipping. 2.5 START-UP SERVICE If this option is selected, Eaton or its authorized representative shall perform the following services, as applicable, in accordance with the procedure contained in the owner’s manual: check of unit wiring, visual inspection of internal sub-assemblies and major components, check of mechanical connections, power-on of system, verification of standard system software parameters, calibration of unit to manufacturer’s specifications, operational testing of system with customer loads and operational training with Customer. (Note: The Customer is responsible for (i) site preparation, (ii) physical installation of the unit, (iii) installation of bypass switch, AC wiring and DC wiring between unit cabinet, battery bank and equipment to be protected and (iv) obtaining all licenses and permits. Customer shall have this work performed by a properly licensed electrician in accordance with the owner’s manual, National Electrical Code and local codes.) 2.6 UNIT PREVENTATIVE MAINTENANCE SERVICE If this option is selected, Eaton or its authorized representative shall perform the following services, as applicable, in accordance with Eaton’s Scheduled Maintenance Procedure: check unit wiring and mechanical connections, visually inspect internal sub-assemblies and major components, check fan operation, clean foreign material from unit interior, check operation of alarm circuits, verify system parameters, calibrate unit to manufacturer’s specifications, verify bypass/static switch operation, perform inverter diagnostics, verify charger operation, and perform system operational test with customer loads. Agenda Packet Page Number: 90 Gold Plans Terms and Conditions Rev. 1/16/09 Page 1 of 5 2.7 BATTERY PREVENTATIVE MAINTENANCE SERVICE If this option is selected, Eaton or its authorized representative shall perform the following services, as applicable, in accordance with Eaton’s Scheduled Maintenance Procedure: inspect battery room and ambient temperature, check battery wiring, check mechanical connections, clean dust and debris from battery tops and cabinet interior, visually inspect all batteries for cracks, leaks and corrosion, verify integrity of battery rack or cabinet, document system float voltage and charging current, document temperature and float voltage of batteries, re-torque bolt-on battery terminations, perform battery diagnostics, verify charger operation, and perform operational test of system with customer loads. (Note: Required at least once per year to maintain sealed, valve regulated battery warranty, this inspection must be performed by qualified personnel and accurate records maintained at Eaton. Load testing on the battery plant using normal UPS load equipment is required to provide functional testing to verify proper battery plant response to real-life situations. If annual maintenance is performed by an agency other than Eaton, copies of the appropriate records must be received by Eaton within thirty (30) days of PM completion to comply with battery warranty requirements. This PM must be completed at an interval not to exceed twelve (12) months.) 3. ON-SITE REPAIR SERVICE If this option is included in the plan, Eaton or its authorized representative shall provide labor at the designated Equipment location so as to maintain the equipment in good working order. If repair cannot be completed to restore the unit in proper working order, Eaton reserves the right, in its sole discretion, to replace the unit with a like unit or one of equal value. It is the Customer’s responsibility, at the Customers expense, to provide for the unit removal or installation, as required. Services performed and materials provided, at Customer’s request, which are outside the scope of the selected Plan or the designated time for such Service shall be on a flatrate repair or time, material and transportation basis at Eaton’s prices in effect at the time such Service or material is provided. Provision of such Services shall be at the sole discretion of Eaton and shall be subject to the availability of personnel and parts. 4. TERM AND TERMINATION The term of this Agreement is for the period specified on the front of this Agreement. After the initial term, this Agreement and all that is stated herein shall automatically be renewed for successive twelve (12) month periods at the prices in effect at the time of each renewal. In the event Customer elects not to renew this Agreement, then Customer shall provide thirty (30) days written notice prior to the renewal date. Customer will be provided with written notice of renewal sixty (60) days prior to expiration, stating the prices for the applicable renewal term prior to each renewal date. Notwithstanding the foregoing, either Customer or Eaton may terminate this Agreement at any time upon thirty (30) days written notice to the other, subject to payment terms. Eaton may change prices upon thirty (30) days prior written notice to the Customer. Failure to pay any invoice for such continued service shall relieve Eaton of any obligation to provide service, without further notice. 5. RESPONSE TIME Eaton or its authorized representative shall respond to requests for services in a prompt and commercially reasonable manner and endeavor to typically provide a Technician on-site within 24 Contracted Period of Maintenance (CPM) hours, provided the customer location is within one hundred (100) miles of an established service location. If optionally purchased, expedited responses of 4 or 8 hours are available in conjunction with specified Service Agreements and this Plan. “Next Day Delivery” of replacement parts and batteries is generally available in metropolitan urban areas; additional time may be required for rural areas or areas that are otherwise not readily accessible. 6. HOURS OF SERVICE Eaton will provide service during the Principal Period of Maintenance (PPM), which is defined as normal business hours (Monday – Friday, 8:00 AM to 5:00 PM, alternately described as “5 x8 service”) excluding holidays as observed by Eaton. The Contracted Period of Maintenance (CPM) is the PPM along with any additional extended hours of coverage optionally purchased by Customer (alternately described as “7 x 24 service”) and excludes all Eaton observed holidays for planned maintenance activities. Eaton observed holidays are as follows: New Year’s Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Post Thanksgiving Day, Christmas Eve Day and Christmas Day. 7. ZONES Radius from an established service location or U.S. city with a population of 500,000 or more: (1) Zone 1: Up to 100 miles; (2) Zone 2: 101 - 250 Miles; (3) Zone 3: 251 - 500 Miles. 8. PARTS Under any Gold Plan Coverage, parts required to repair a unit will be provided by Eaton and replaced on an exchange basis. All parts removed from the unit or unused become the property of Eaton and must be returned to the factory within thirty (30) days of receipt of replacement parts. If removed or unused parts are not returned, the Customer shall pay the full list price of the parts. In performing Service, Eaton may sometimes use parts that are factory reconditioned and equivalent to new. If Eaton provides replacement parts on-site in a secured cabinet, Eaton Agenda Packet Page Number: 91 Gold Plans Terms and Conditions Rev. 1/16/09 Page 2 of 5 retains title to the parts and has the right to remove the parts upon termination of the Agreement, unless Customer elects to keep the parts and Eaton shall invoice the Customer for these parts. Eaton may, in its sole discretion, allow the return of new or refurbished parts or product for restocking if they are returned to Eaton in the same condition as originally sent, subject to a 20% restocking fee. If the parts or product have been damaged, the Customer will be invoiced for the full list price of the parts or product. Eaton may, in its sole discretion, waive the restocking or damaged item fee if an Eaton employee or Eaton authorized representative is at the Customer’s site to perform the repairs. 9. BATTERIES Batteries and units with batteries (internal or external) sold by Eaton shall carry a limited warranty for replacement of the defective battery without pro-rata deductions or charges to the Customer, provided Gold Plan Coverage remains active on the unit and batteries. Failed batteries and full string replacement, based on Eaton’s battery replacement policy, will be replaced at no charge during that period, unless otherwise stated on the front of this Agreement or in a specific Service Plan terms and conditions. To continue battery coverage, batteries supplied by Eaton must be installed in the unit or in the accompanying battery cabinet and Gold Plan Coverage must remain active on the unit and any cabinet. “Proactive battery replacement” means that Eaton shall ship to Customer all batteries in a unit or cabinet for replacement on the scheduled basis; “Standard battery replacement” means that Eaton shall ship to Customer only the failed batteries in a unit or cabinet for replacement. “Proactive battery replacement” and “standard battery replacement” do not include labor for installation of batteries on site; such labor, if included, must be expressly stated elsewhere, e.g. “on-site repair”. If batteries not purchased from Eaton are installed in the unit or accompanying battery cabinet, then any battery related service calls shall not be covered under the scope of work in this Agreement and shall be subject to Eaton’s then applicable charges for labor, materials (including batteries) and transportation. 10. SITE PREPARATION Customer shall, at its expense, prepare and maintain the equipment site in accordance with the manufacturer’s published specifications for operating environments. Customer also agrees to permit prompt and reasonable access to equipment and to provide reasonable assistance and facilities so as to expedite the performance of Services. Eaton may charge for additional labor charges to the extent delays are caused by Customer’s security requirements, site rules or failure to provide access. 11. PERSONNEL The Services shall be performed, at Eaton’s option, by either an Eaton employee or Eaton authorized representative. 12. CANCELLATION Eaton may, in its sole discretion, allow cancellation of Service Agreements at any time, upon payment of the full list price for the Services performed and materials provided, plus a cancellation fee based on the price of the Agreement. Any cancellation must be approved in writing by Eaton with full payment by Customer of charges. 13. LIMITED WARRANTY This limited Warranty applies to all Service rendered by Eaton. Eaton warrants that the Service shall be performed properly and/or any parts supplied by Eaton under this Agreement shall be free from defects in materials and workmanship under normal use during the designated warranty period or for ninety (90) days if none is designated. This warranty, however, extends only to the Customer. It cannot be transferred to anyone who subsequently purchases the product from the Customer. EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY, EATON CORPORATION MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EATON CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY. EATON CORPORATION IS NOT LIABLE FOR ANY DAMAGES CAUSED BY (I) THE PRODUCT OR PARTS USED BY IT OR THE SERVICES RENDERED BY IT OR (II) THE FAILURE OF THE PRODUCT OR PARTS TO PERFORM OR (III) THE FAILURE OFANY SERVICES RENDERED TO HAVE BEEN PROPERLY RENDERED, INCLUDING, BUT NOT LIMITED TO, ANY LOST ROFITS, LOST SAVINGS, INCIDENTAL DAMAGES, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF THE CUSTOMER HAS ADVISED EATON CORPORATION OR ITS REPRESENTATIVE, OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS CONTAINED HEREIN MAY NOT BE WAIVED OR ALTERED BY ANY PERSON. FURTHERMORE, THE CUSTOMERS ONLY REMEDY IS TO HAVE CORPORAITON REPLACE ANY PARTS OR REDO THE SERVICES RENDERED. IF EATON CORPORATION IS UNABLE TO REPAIR OR REPLACE THE PRODUCT OR PARTS OR CORRECT THE SERVICES TO CONFORM TO THIS WARRANTY AFTER A REASONABLE NUMBER OF ATTEMPTS, THEN EATON CORPORAITON WILL REFUND THE CHARGE FOR THAT DEFICIENT SERVICE. REMEDIES UNDER THIS AGREEMENT ARE EXPRESSLY LIMITED TO THOSE SPECIFIED ABOVE. Some states do not allow limitations on how long an implied warranty Agenda Packet Page Number: 92 Gold Plans Terms and Conditions Rev. 1/16/09 Page 3 of 5 lasts or the exclusion or limitation of incidental or consequential damages for consumer products. In such states, if the product covered by this Agreement should be deemed a consumer product, the exclusions or limitations of this Limited Warranty may not apply to Customer. This limited Warranty gives Customer specific legal rights. However, Customer may also have other rights that may vary from state to state. Customer is advised to consult applicable laws to ascertain the full extent of its rights. 14. NON-COVERED REPAIR The charges for making any repairs, performing any work or providing any parts not covered by this Agreement (a “Non-Covered Repair”) shall be invoiced to the Customer at Eaton’s standard rates and are payable directly to Eaton. A Non-Covered Repair includes, but is not limited to, services performed outside the times specified in the Plan (at the request of the Customer), the repairs or replacements (including all parts and labor) required because of damage or unreasonable use, damage from road hazards, accident, fire, flood, lightning or other casualty, misuse, negligence, incorrect wiring, high temperature, dirty, dusty, hazardous or caustic environments, and any use or installation not in conformity with instructions furnished, as well as any repairs or replacements needed because of unauthorized modifications to the equipment or related software or the use of parts not authorized or supplied by Eaton. If the Customer engages in any of these activities or any of these events occur, Eaton shall be relieved of the remainder of its obligations under the Agreement. 15. GOVERNING LAW The terms of this Agreement shall be governed by the laws of the State of North Carolina exclusive of conflicts of laws rules. 16. LIMITATION OF LIABILITY AND CLAIMS Liability of Eaton for any claim of any kind, including claims for negligence or other torts, or for any loss or damage, arising out of, or connected with, or resulting from, any order accepted by Customer or from the manufacture, sale, delivery, resale, repair or use of any products or Services covered by, or furnished under, such an order, shall in no case exceed the price allocable to the product or Service or part thereof that gives rise to claim. In no event shall Eaton be liable for special, incidental, consequential or exemplary damages. The fulfillment of any obligation by Eaton is subject to strikes, labor disputes, lockouts, accidents, fires, delays in manufacture or in transportation or delivery of material, site conditions, floods, severe weather or other acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Eaton, whether similar to, or different from, the causes listed above, whether affecting Eaton or Eaton’s supplier or contractor, and any such causes shall absolve Eaton from any liability to Customer. If this Agreement covers equipment used for or related to any safety, security or other critical equipment, Customer understands that Eaton is not an insurer regarding those Services. In other words, Eaton Services on such equipment are not intended to make Eaton responsible for damage or loss that may result from safety, security or other critical equipment that fails to perform properly. Eaton is not responsible for any injury, loss, or damage caused by or to equipment not specifically covered by this Agreement. 17. PAYMENT All payments are due net 30 days in full, and any payment not made when due shall be subject to an interest charge of 1.5% per month or fraction thereof, or maximum permitted by law, whichever is less. Additionally, Customer shall be invoiced for, and shall pay for, all services not expressly provided for by the terms hereof, such as, but not limited to, site calls involving no-fault found inspections where no corrective maintenance was required. If any payment is not made when due, Eaton reserves the right to refuse to provide any further services until such payment and the applicable interest have been received. Eaton reserves the right to invoice Customer either the full amount due under this Agreement or in accordance with Eaton’s Time and Materials Service Rate Schedule (Attachment X-1) for services rendered, whichever amount is greater, if this Agreement is terminated by Eaton for non-payment. Customer shall be liable for expenses including reasonable attorneys’ fees and courts costs, associated with collection proceedings for nonpayment. In the event of early termination: A) Customer will be liable for any services rendered to the reasonable satisfaction of Customer prior to the effective date of termination, and B) Contractor at its discretion will provide a credit against any advance payments received as follows: 1) a pro-rated amount based on the terminated portion of the fixed-price fee due Eaton, or 2) an amount based on the difference between the amount paid by Customer prior to the effective date of early termination and the actual cost of service options completed (including emergency repair calls) by Eaton prior to the effective date of early termination. 18. EXCLUSIONS In no event shall Eaton have any obligation to identify, correct, abate, cleanup, control or remove any defective premises electrical equipment or wiring, code or permit violations, any defect in the premises of the Equipment Location, or any toxic or hazardous material in Customer’s premises. 19. MISCELLANEOUS This Agreement supersedes all prior oral or written agreements, if any, between the parties and constitutes the entire agreement with respect to the Service to be furnished under this Agreement. This Agenda Packet Page Number: 93 Gold Plans Terms and Conditions Rev. 1/16/09 Page 4 of 5 Agreement contains all the agreements and conditions under which the Service is to be performed, and no agreement or other understanding in any way modifying the conditions hereof will be biding unless made in writing as a modification or amendment to this Agreement and executed by an authorized representative of the Customer and Eaton. Customer agrees that any purchase order or other written authorization (“Order”) issued by it will only establish payment authority for its internal accounting purposes. This Agreement may be accepted by Customer signing and returning the Agreement or by issuing an Order. Any such Order shall be considered an acceptance of this Agreement and will not be considered a counteroffer, amendment, modification, or other revision to the terms of this Agreement. Any conflicting term or condition in such Order will have no force or effect on this Agreement. Eaton is a trademark of Eaton Corporation Agenda Packet Page Number: 94 Gold Plans Terms and Conditions Rev. 1/16/09 Page 5 of 5 EATON CORPORATION SERVICE AGREEMENT – TERMS AND CONDITIONS (T-0) TERMS AND CONDITIONS: The terms and conditions set forth herein, and any supplements which may be attached hereto, constitute the full and final expression of the contract for the sale of UPS services by Eaton Corporation, and supersede all prior quotations, purchase orders, correspondence or communications whether written or oral between Eaton Corporation and the customer. Notwithstanding any contrary language in the customer’s purchase order, correspondence or other form of acknowledgment, customer shall be bound by these terms and conditions when it sends a purchase order or otherwise indicates acceptance of this contract, or when it accepts delivery from Eaton Corporation of the products or services. THE CONTRACT FOR SALE OF SERVICES IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS STATED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY CUSTOMER ARE REJECTED UNLESS EXPRESSLY AGREED TO IN WRITING BY CONTRACTOR. No contract shall exist except as herein provided. 1. DEFINITIONS: As used in this Service Agreement, the terms listed below shall have the following meanings: “Agreement” shall mean Eaton Corporation’s Service Agreement Terms and Conditions, the quote, and the applicable Scope(s) of Work.” “Battery” shall mean the electric storage portion of a UPS. “Contractor” shall mean Eaton Corporation. “Covered Equipment” shall mean the equipment as listed on the quote. “CPM” shall mean the Contracted Period of Maintenance or Hours of Service. “Customer” shall mean the purchaser of this Agreement. “Drop Ship Items” shall mean batteries, battery monitoring systems, battery containment, battery materials, racks and cabinets. “Emergency Service” shall mean all services provided on an as needed basis that is not scheduled in advance “PCS” shall mean Pre-Contract Survey. “On-Site” shall mean Service performed at Customer’s physical location as listed on the quote. “Power Module” shall mean the electronic portion of a UPS or other power quality device. “Scope of Work” shall mean the services, procedures, methods, exclusions and coverage as purchased by the Customer “Service” shall mean installation, maintenance (including Preventive Maintenance as defined in Scope of Work Attachment R-2), repairs, inspection, adjusting, etc. of the UPS equipment provided by Contractor to Customer. “UPS” shall mean Uninterruptible Power Supply which is comprised of the Power Module and Batteries. 2. ELIGIBILITY: All Covered Equipment that has experienced a lapse in Service coverage with the Contractor (or factory warranty coverage) or has had no service history with Contractor within the previous ninety (90) days, is subject to a PCS inspection by Contractor prior to eligibility for any Service under this Agreement. Customer is subject to charges for a PCS inspection at Contractor’s then current Time and Material Service Rate Schedule (refer to Exhibit 1-PCS and Attachment X-1). If a PCS inspection is required for eligibility, a list of the equipment requiring a PCS inspection will be provided to Customer and will be incorporated into this Agreement. 3. HOURS OF SERVICE: Contractor will provide scheduled and emergency services portal-to-portal 8:00AM to 5:00 PM Monday-Friday (alternatively described as “5X8 Service”) excluding all holidays observed by Contractor. The Customer may optionally purchase extended hours of scheduled and Emergency Service coverage (alternately described as “7x24 Service”) which will include Emergency Service being provided on all holidays observed by Contractor. Notwithstanding anything herein or otherwise to the contrary, scheduled services are not available on Contractor’s observed holidays. Contractor’s observed holidays shall be the same as public holidays for Federal employees as established by U.S. Federal law (5 U.S.C. 6103). 4. ON-SITE RESPONSE TIME: Following Customer’s request for Service, Contractor will arrive at the location of the Covered Equipment the next business day or if optionally purchased by Customer, Contractor will arrive at the location of the Covered Equipment within eight (8), four (4) or two (2) CPM hours, provided the Covered Equipment is located within one hundred (100) miles of a Contractor service location. Response time does not include battery replacement service. Agenda Packet Page Number: 95 Terms and Conditions (T-0) Rev. 4/14 Page 1 of 4 5. LABOR AND MATERIAL RATES: For any additional Service outside the Scope(s) of Work purchased for Covered Equipment under this Agreement, Customer shall be billed at Contractor’s then current Time and Material Rate Schedule (refer to Attachment X-1). This excludes any flat-rate quoted by Contractor representative. 6. ENGINEERING CHANGES: All engineering changes deemed necessary by Contractor will be installed during scheduled Service visits during the CPM. Any engineering changes deemed optional by Contractor will be offered to Customer on an as-available, per charge basis. 7. CUSTOMER’S RESPONSIBILITY: A. Communication and Scheduling - Customer shall contact Contractor’s Customer Reliability Center (1-800-8439433) regarding all Service and Preventive Maintenance requests and all other matters arising out of or relating to this Agreement. With respect to Preventive Maintenance purchased by Customer, it shall be Customer’s responsibility to contact Contractor to schedule the Preventive Maintenance. In the event that Customer fails to schedule and/or does not permit, for any reason, Preventive Maintenance to be completed within ninety (90) days of the scheduled service date, Contractor’s obligation for that Preventive Maintenance shall be considered fulfilled. B. Movement - If Covered Equipment is moved to another location within the United States, Service coverage will continue only upon the following conditions: (i) Customer shall notify Contractor in writing at least thirty (30) days in advance of power-down of Covered Equipment; (ii) Contractor reserves the right to supervise the power-down, disconnection, rigging, packing, movement, unpacking, reinstallation and re-start of the Covered Equipment for which Customer will be charged according to Contractor’s then current Time and Material Service Rate Schedule; and (iii) resumption of Service coverage under this Agreement is subject to acceptance by Contractor of Covered Equipment at the new location. C. Safety - Customer shall, at all times during the provision of Service hereunder, have a representative present at the Service site at no cost to, and solely for, the safety of Contractor. D. Access - Customer shall grant ready access to the Covered Equipment, subject to reasonable security requirements, so that Contractor may perform Service under this Agreement. 8. TERM AND TERMINATION: This Agreement and all that is stated herein shall automatically be renewed for successive twelve (12) month periods at the prices in effect at the time of each renewal. Customer will be provided written notice of renewal of the Agreement sixty (60) days prior to its expiration, stating the prices for the applicable renewal term. In the event Customer elects not to renew this Agreement, Customer shall provide thirty (30) days written notice prior to the expiration of this Agreement. Notwithstanding the foregoing, Customer or Contractor may terminate this Agreement at any time upon thirty (30) days written notice to the other, subject to Section 16 herein. BATTERY REPLACEMENT SERVICES AND TERMINATION: Prices stated in a quote do not include installation, freight, and handling charges unless these items are specifically listed and priced in the quote. Prices stated in a quote are F.O.B. factory (unless otherwise stated) and title and risk of loss to each article sold by Contractor to Customer shall pass to Customer upon delivery at the F.O.B. point. Shipment estimates are after receipt of Customer’s purchase order at the factory. If drawings are required for approval before Contractor is authorized to proceed with manufacture, then shipment estimates are after receipt of written approval to proceed. If the Customer cannot accept delivery of equipment, Customer will arrange for storage. Contractor shall not be liable or responsible for any damages or loss for delay or default in delivery due to any cause beyond Contractor’s reasonable control, nor shall Customer cancel or have the right to cancel its purchase order because of delays or default in delivery due to such causes. Customer may not cancel or terminate its purchase order without prior written notice to the Contractor and upon payment of cancellation charges which shall take into account, among other things, expenses already incurred and commitments made by the Contractor. Cancellation charges are as follows: for batteries and Drop Ship Items, cancellation 31 days or more prior to shipment, 50% of the total invoice; between 0-30 days prior to shipment, 100% of the total invoice. Changes made to an order may be subject to increase or decrease in purchase order amount, change order charges, and changes in schedule date. Customer is responsible for return freight charges related to cancellation. Agenda Packet Page Number: 96 Terms and Conditions (T-0) Rev. 4/14 Page 2 of 4 9. END OF SERVICE LIFE (“EOSL”)/BEST EFFORTS: Contractor may designate a Power Module as “End of Service Life/Best Efforts” which shall mean that limited parts are available or Service will be provided on a best efforts basis. This designation will be indicated on the quote provided to Customer for Service renewal. In the event that Contractor cannot perform or complete a covered repair, Contractor may terminate coverage subject to Section 8 herein. Customer may request a pro-rated refund for the terminated portion of this Agreement, subject to Section 16 herein. Customer acknowledges EOSL/Best Efforts designation on the quote will serve as Contractor’s notice of limited service support and its recommendation to replace or decommission the Power Module. 10. INSURANCE: During the term of this Agreement, Contractor, at its own cost and expense, shall maintain in full force and effect the following insurance with sound and reputable insurers: (1) worker’s compensation insurance in accordance with the statutory requirements of the state where the Service is to be performed; (2) automobile liability insurance on all motor vehicles licensed for highway use, both owned and non-owned; and (3) commercial general liability insurance for bodily injury and property damage. 11. WARRANTY: Contractor shall perform all Service in a professional and workmanlike manner. Contractor warrants repairing or replacing defective parts or materials and correcting defective workmanship reported to Contractor and/or diagnosed by Contractor's personnel during the term of this Agreement. Contractor warrants its corrective maintenance and replacement parts to be free from defects in material and workmanship for the term of this Agreement or for a period of ninety (90) days from the completion date of the repair or replacement of parts or materials, whichever is longer. In the event the parts or materials fail to meet published specifications due to a defect in parts or materials or workmanship covered by this Warranty, Contractor, at its discretion, will repair or replace the warranted parts or materials at no cost to Customer. This Warranty shall not apply to any Power Module and/or Battery that has been: (i) subject to damage caused by accident, fire, flood, lightning, vandalism, acts of God, Customer’s neglect, misuse, misapplication, incorrect connection or external damage; (ii) subject to repair or alteration by Customer (or a third party) not authorized by Contractor in writing; or (iii) moved without thirty (30) days’ notice to Contractor. Contractor reserves the right to supervise the move. THIS WARRANTY IS EXCLUSIVE EXCEPT FOR WARRANTY OF TITLE. CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CORRECTION OF NON-CONFORMITIES IN THE MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE CONTRACTOR'S SOLE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR FAILURE OF CONTRACTOR TO MEET ITS WARRANTY OBLIGATIONS, WHETHER CLAIMS OF CUSTOMER ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. Parts or materials supplied, but not manufactured by Contractor, are warranted solely by the manufacturer. Contractor’s obligation under this Warranty is conditioned upon receipt of all payments due from Customer. 12. ASSIGNMENT: Neither party shall assign this Agreement or any of its rights and interests herein without the prior written consent of the other party. Notwithstanding anything in this Agreement or otherwise to the contrary, upon written notice to the other party, either party may assign this Agreement or any of its rights and interests herein to: (i) any parent, subsidiary, affiliated or successor corporation; or the purchaser of any of these entities; (ii) any corporation to which the party has sold all or substantially all of its assets (including the purchaser of any of the party’s subsidiaries); or (iii) any corporation or legal entity with which the party may merge or consolidate. 13. SUBCONTRACTING: Contractor reserves the right to subcontract any portion of Service provided for under this Agreement without the prior consent of Customer. 14. INDEMNITY: Subject to Section 15 herein, Contractor shall defend, indemnify and hold harmless Customer, its officers, employees and agents (Indemnified Parties), from and against any and all claims, liabilities, damages, demands, losses, causes of action and suits brought against the Indemnified Parties, to the extent they result directly from or out of (1) any injury to or death of any person or damage to or destruction of any property caused by the negligent acts, errors, omissions or willful misconduct of Contractor, its agents or employees, and (2) any violation of federal or state law, regulation, order, rule or of any other governmental authority having jurisdiction by Contractor, its employees or agents. 15. LIABILITY: The remedies of the Customer set forth in this Agreement are exclusive and are its sole remedies for any failure of Contractor to comply with its obligations hereunder. Notwithstanding anything in this Agreement or otherwise to the contrary, in no event shall Contractor or Customer, or their respective officers, directors, employees or agents be liable to the other for damage to property or equipment, other than to equipment sold or Agenda Packet Page Number: 97 Terms and Conditions (T-0) Rev. 4/14 Page 3 of 4 serviced hereunder, or any incidental, indirect, special or consequential damages, such as, but not limited to, delay damages, lost profits or revenue, lost data, loss of use or lost opportunity damages, resulting from or in connection with any claim or cause of action, whether brought in contract or in tort, even if Contractor or Customer knew or should have known of the possibility of such damages. The total cumulative liability of Contractor arising from or related to this Agreement whether the claims are based in contract, in tort (including negligence or strict liability) or otherwise, shall not exceed the price of the product or services on which such liability is based. 16. PAYMENT: All payments are due net thirty (30) days in full from date of invoice. Customer shall be invoiced for, and shall pay for, all Service not expressly provided for by the terms hereof, such as, but not limited to, site calls involving no-fault found inspections where no corrective maintenance was required. If any payment is not made when due, Contractor reserves the right to refuse to provide any further Service until such payment has been received. Customer shall be liable for expenses, including reasonable attorneys’ fees, associated with collection proceedings for non-payment. In the event of early termination: i) Customer will be liable for any Service rendered to the reasonable satisfaction of Customer prior to the effective date of termination; and ii) Contractor, at its discretion, will provide a credit against any advance payments received as follows: a) a pro-rated amount based on the terminated portion of the fixed-price fee due Contractor; or b) an amount based on the difference between the amount paid by Customer prior to the effective date of early termination and the actual cost of Service completed (including emergency repair calls) by Contractor prior to the effective date of early termination. 17. TAX: Contractor's price is exclusive of any applicable tax. All orders will be subject to all applicable sales tax unless a current tax exemption certificate is on file with Contractor covering the state where Covered Equipment under this Agreement is located. 18. PARTS: Parts removed for replacement shall be Contractor’s property. Parts used from Customer-owned spare parts kit shall be replaced by Contractor at no cost. Replacement parts shall be new or of the same quality as new. 19. FORCE MAJEURE: Contractor shall not be liable for any failure to perform, or delay in performing Service for Customer to the extent that such failure or delay results from causes beyond its reasonable control including, without any limitation, any act of God, war, revolution, riot, civil commotion, labor strike or any applicable governmental or judicial law or regulation, order or decree. 20. INFORMATION: All information of Customer shall be deemed non-confidential and Contractor will be under no duty of non-disclosure unless both parties execute a mutual non- disclosure agreement. 21. GENERAL: The terms and conditions of this Agreement cannot be modified or waived except by a writing signed by the parties hereto and waiver by Contractor or Customer of any provision hereof in any one instance shall not constitute a waiver as to any other instance. If a provision of this Agreement is invalidated for any reason, this Agreement remains binding except for such invalid provision. This Agreement shall be construed in accordance with and governed by the laws of the State of North Carolina. Customer and Contractor hereby agree that all disputes arising out of this Agreement shall be submitted solely to the jurisdiction of the state and federal courts located in Wake County, North Carolina. Eaton is a trademark of Eaton Corporation. Agenda Packet Page Number: 98 Terms and Conditions (T-0) Rev. 4/14 Page 4 of 4 Time and Material Service Rate Schedule (2014) Attachment X-1 The following rate schedule applies to all services rendered on non-contracted and non-warranty equipment and to all services performed on contracted equipment where the service performed is outside the scope of the contracted coverage. Labor rates are based on the actual time of delivery. Specific contract customers may be eligible for discounts on time and material charges. 3-Phase Products - Portal to Portal Labor per Hour (On-site and Travel Time) Mon. – Fri., Business Hours (8AM – 5PM): Mon. – Fri., After Business Hours (5PM – 8AM): Weekends and Holidays (Saturday 12:01AM – Sunday Midnight): $ 270 $ 345 $ 430 3-Phase Products - Minimum Labor Billing (minimum value range equal to above rates x hourly min.) Equipment below 200kVA, Five day or less response (4 hour min.): $1,080 to $1,720 Equipment 200kVA and above or Multi Module, Five day or less response (6 hour min.): $1,620 to $2,580 Equipment 200kVA and above or Multi Module, Two day or less response (8 hour min.): $2,160 to $3,440 1-Phase Products - Portal to Portal Labor per Hour (On-site and Travel Time) Mon. – Fri., Business Hours (8AM – 5PM): Mon. – Fri., After Business Hours (5PM – 8AM), Weekends and Holidays: $ 215 $ 345 1-Phase Products - Minimum Labor Billing (minimum value range equal to above rates x hourly min.) Equipment below 200kVA, Five day or less response (4 hour min.): $ 860 to $1,380 Equipment 200kVA and above or Multi Module, Five day or less response (6 hour min.): $ 1,290 to $2,070 Equipment 200kVA and above or Multi Module, Two day or less response (8 hour min.): $ 1,720 to $2,760 Travel & Living Expenses Transportation: 3-Phase Products: 1-Phase Products: All others (air fare, car rental, tolls, etc.): Lodging & Meals: Calculation of Labor and Mileage Charges: Automobile mileage included in labor rates Automobile mileage at $ 0.75 per mile Actual Actual Portal to Portal (travel labor and mileage) Materials/Spare Parts: Minimum billing: Current List Price $130 Domestic, $320 International Parts Expedite Fees Mon. – Fri., Business Hours (8AM – 5PM): Mon. – Fri., After Business Hours (5PM – 8AM): Weekends and Holidays: Freight Expense Freight – FOB Factory: Same Day Delivery: $ 130 $ 290 $ 465 Actual $180 plus Actual Freight Depot Repair Labor: Minimum Billing: Expediting Fee: $145 per hour $145 $120 Note: 3-Phase products include Eaton BladeUPS, Best Power Unity UT3 310-360 models; 1-Phase products include Eaton 9155, Powerware 9150, Best Power Unity UT3K, UT8K) Eaton Corporation Attachment X-1 Time and Material Rate Schedule Revision: March 26, 2014 Agenda Packet Page Number: 99 Electronics (UPS Power Module, DC, PDU, Flywheel) Preventive Maintenance Scope of Work Attachment R-2 This scope of work is shared by the following power quality equipment types: Eaton UPS, Eaton PDU/PDR/RPP/STS, Eaton DC, Vycon Flywheel and Non Eaton equipment (MVS). Note the applicable features vary by type of equipment being contracted and additional scopes of work may be required. The following is an outline of general checks performed during an Eaton® Preventive Maintenance of the Eaton UPS Power Module normally performed by Eaton field service personnel. All checks are designed to be performed during off line operation, in the bypass mode. All checks or processes may not be applicable to all equipment types or models. 1. Visual Inspection a. b. c. d. e. f. g. h. Inspect all printed circuit board connections for cleanliness, swab contacts if necessary. Inspect all power connections for signs of overheating Inspect all subassemblies, bridges and legs for signs of component defects or stress Inspect all DC capacitors for signs of leakage Inspect all AC capacitors for signs of leakage Inspect and inventory all customer-owned spare parts Inspect for, and perform as required, any open engineering changes If work is completed under a PowerTrust™ Ultra contract, inspect battery monitoring system 2. Internal Operating Parameters a. b. c. d. e. f. g. h. i. j. DC Ground Detection Offset (if applicable) Inverter leg current average balance (if applicable) Output filter current average phase balance Rectifier bridge current average leg balance AC Protection settings are checked DC Protection settings are checked Input and Output Frequency and Voltage Bandwidth settings are checked Verify DC filter capacitance Verify AC tank and trap filter capacitance Power Supply voltages and waveforms 3. External Operating Parameters a. b. c. d. e. f. g. h. i. j. System Input Voltages (all phases) System Input Currents (all phases) DC Charging Voltages (float and equalize), record settings, adjust to nominal Rectifier phase on and walk up Inverter phase on and walk up Adjust all panel meters to measured values System Bypass Voltages (all phases) Manual and UV Transfer Testing, verify uninterrupted transfer waveform (if applicable) Outage simulation, and battery capability testing, and verify charger current limit Generator operation and interface verification (if applicable) Agenda Packet Page Number: 100 Scope of Work Attachment R-2 Revision 4/12 Page 1 of 2 4. Environmental Parameters a. b. c. d. e. f. UPS area ambient temperature and condition of ventilating equipment General Cleanliness of UPS Power Module General Cleanliness of UPS area Replace all air filters Clean control panel/CRT screen Flywheel only: Drain oil and change oil and filters NOTE: One (1) oil and filter change per year. 5. Battery Cabinet Checks a. b. c. d. e. f. General appearance of Battery System (all types) General cleanliness of Battery System area (all types) Inspect cells for physical abnormalities Inspect all DC connections for abnormalities Battery System area ambient temperature and condition of ventilating equipment For internal batteries only measure and record: i. Overall battery float voltage ii. Charger output current and voltage iii. Negative terminal temperature of one cell/battery per battery cabinet shelf or rack tier iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330) 6. Monitoring System Parameters a. b. c. d. e. Alarm archive review and printing Alarm lamp test-local and remote (if applicable) Replace all open monitor bulbs If work is completed under a PowerTrust Ultra contract, inspect battery monitoring system Review Battery Test in history (if applicable) 7. General a. Customer Consultation b. Verbal Recommendations c. General Observations Following the Preventive Maintenance inspection, a written report will be provided detailing the results of the inspection, and making specific recommendations toward future remedial action, upgrades, or sparing. Eaton and PowerTrust are trade names, trademarks, and/or service marks of Eaton Corporation or its subsidiaries and affiliates. Agenda Packet Page Number: 101 Scope of Work Attachment R-2 Revision 4/12 Page 2 of 2 Eaton Valve Regulated (Sealed) Battery System Preventive Maintenance Scope of Work Attachment R-5 Battery Maintenance of Battery Equipment includes, and is expressly limited to, those tasks set forth below based on IEEE 1188. Due to the size and type of battery, testing and work procedures vary between battery jars above and below 100 watts per battery; work procedures may vary by UPS and battery type and may be limited by safety requirements. All additional work will be billable at the applicable rates per Attachment X-1. Below 1 Performed During Each Preventive Maintenance Visit : 100W/Jar 100W+/Jar A. Measure and Record the following: 1. Individual cell/battery float voltages and overall float voltage Yes Yes 2. Charger output current and voltage Yes Yes 3. AC ripple current and voltage imposed on the battery Yes Yes 4. Internal ohmic values of each cell/battery or perform a continuity No Yes test of each cell/battery 5. Connection Resistance of 100% of the inter cell/battery connection No Yes 6. Ambient temperature and ventilation status Yes Yes 7. Negative terminal temperature of all cells/batteries No Yes B. Visually inspect conditions and appearance of the following: 1. Connection terminals inter cell/battery connectors, cables and associated hardware 2. Cell/battery covers, containers, and post seals 3. Battery racks or cabinets and associated components and hardware for structural integrity 4. Inspect cleanliness / corrosion of batteries, cabinet, rack and area 5. Battery monitoring equipment (if present) 6. Cell/battery jar or cover, noting any excessive distortion C. Perform cleaning of all accessible surfaces as required D. Performed Once Per Calendar Year: The yearly maintenance procedure should include all of the above with the addition of the following: 1. Measure and record the connection resistance of 100% of the inter cell/battery connections. 2. Refurbish and re-torque any connection where the resistance is above 20% of the average. E. Reporting Each Preventive Maintenance Visit: 1. The technician(s) will issue the customer a verbal report summarizing the condition of the battery and identifying any critical issues before leaving the customer’s site. 2. A detailed report containing all readings and observations will be sent to the customer within five business days. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes No Yes Eaton is a trademark of Eaton Corporation Agenda Packet Page Number: 102 Scope of Work Attachment R-5 Rev. 11/13 Page 1 of 1 Eaton Ancillary Device Parts and Labor Coverage Scope of Work Attachment R-10 If Customer has purchased Corrective Maintenance Coverage for the UPS “Power Module” and ancillary devices are directly connected to the covered equipment, parts and labor coverage may extend to the ancillary device based on the device type. “Directly connected” is defined as electronically controlled or interfaced to a Power Module. Some ancillary devices may be eligible for optionally purchased parts and labor coverage. Regardless of ancillary device parts and labor coverage, preventive maintenance of these ancillary devices is limited to inspection and testing via an optionally purchased UPS Power Module (or other device) preventive maintenance scope of work. There shall be no separate field activity report beyond the relevant comments from the UPS preventive maintenance report (FAR). Covered ancillary device types: ISBM (9395) SBM – System Bypass Module SSBM MBP – Maintenance Bypass Panel IAC – Integrated Accessories Cabinet Remote monitor panel Hot Tie Parallel cabinet Battery cabinet and battery breakers (excludes battery jars, cells or battery parts) Covered components within covered ancillary devices shall include the electronic control portion designed and built by Eaton (Powerware series) for metering, monitoring, and controls for transferring of loads. Items covered include logic boards, power supplies, relays, and control circuitry, SSBM displays, Hot-Tie Display and programmable logic controllers (PLC). Excluded components within covered ancillary devices shall be: circuit breakers, power quality metering, transient voltage surge suppressors (TVSS), metering and switches, non-UPS operation related control circuitry, non-UPS operation related programmable logic controllers (PLC). Excluded ancillary device types (parts and labor coverage may be optionally purchased): Batteries (EBM, EBC) IDC – Integrated Distribution Cabinet Switchgear (coverage not available for purchase) STS – Static Transfer Switch device PDU – Power Distribution Unit PDR – Power Distribution Rack RPP – Remote power Panel EMS-UGK Battery Disconnect Circuit Breaker Flywheel ATS/MTS – Automatic or Manual Transfer Switch Scope of Work Attachment R-10 Revision 6/12 Page 1 of 2 Agenda Packet Page Number: 103 TVSS – Transient Voltage Surge Suppressor PFC – Power Factor Correction ePDU Racks and cabinets Software (e.g., Foreseer) Eaton is a trade name, trademark and/or service mark of Eaton Corporation or its subsidiaries and affiliates. Scope of Work Attachment R-10 Revision 6/12 Page 2 of 2 Agenda Packet Page Number: 104 Eaton UPS Flex Onsite Service Parts and Labor Coverage Scope of Work Attachment R-30 This scope of work is shared by the power quality equipment types listed in the below table. Note the applicable features vary by type of equipment being contracted and additional scopes of work may be required. All checks or processes may not be applicable to all equipment types or models. Equipment Type Electronics Corrective Maintenance Coverage Battery Corrective Maintenance Coverage Tech Support Eaton 3 Phase UPS Yes No Yes Eaton 1 Phase UPS Yes Yes Yes Eaton DC Yes No Yes Eaton PDU/PDR/RPP/STS Yes No Yes Flywheel Yes No Yes Non Eaton equipment (MVS) Yes No Yes If optionally purchased by Customer within the first three (3) years of a Eaton 3 Phase UPS installation date (first startup) OR, If optionally purchased by Customer in conjunction with one or more annual on-site UPS Power Module Preventive Maintenance SOW R-2 of the same duration, Contractor will provide: 1. Electronics Corrective Maintenance Coverage: Inspection and repair of the electronic portion of the UPS (or other equipment type), or “Power Module” shall be performed as needed during the contracted period of maintenance at no extra charge to Purchaser. Remedial maintenance provided by Contractor shall include, and be expressly limited to, maintenance to the Power Module, travel expenses, all necessary parts replacement, adjustments and repairs. If the Purchaser maintains Eaton spare parts at the maintenance site, Contractor may, at its option, use those spare parts in the performance of Corrective Maintenance and shall replace the spare parts, which it so uses, at no cost to the Purchaser. Exclusions: certain wear parts are excluded from electronics corrective coverage including batteries and full capacitor replacement. All Corrective Maintenance to Battery System, if any, will be in accordance with battery manufacturers’ warranty or separate agreement, if any. For Flywheel coverage: any failure due to lack of recommended bearing replacement, vacuum pump replacement (or “major maintenance” per manufacturer recommendation) will not be included under corrective maintenance coverage and will be billable at current time and material rates. Eaton 93PM, 9390 and 9395 UPS models have a special policy on capacitor replacements: DC link capacitors are eligible for inspection and repair at no extra charge (excludes AC capacitors). Scope of Work Attachment R-30 Revision 12/12 Page 1 of 2 Agenda Packet Page Number: 105 2. Battery Corrective Maintenance Coverage (Limited to 1 Phase UPS Models and BladeUPS): Inspection and repair of the internal battery portion of the UPS (or other equipment type), or “Internal Battery” shall be performed as needed during the contracted period of maintenance at no extra charge to Purchaser. Remedial maintenance provided by Contractor shall include, and be expressly limited to, maintenance to the Internal Battery, travel expenses, all necessary parts replacement, adjustments and repairs. External battery coverage, if applicable, must be purchased separately if external batteries or battery cabinets exist. 3. 7x24 Technical Support: technical support via telephone or email to Contractor shall be available to answer product or support questions. 4. Customer Web Account Access: Contractor will provide Purchaser with web-based access to account information and site service records. Access will be password restricted for maximum security of Purchaser records. A history of service performed, as well as scheduled service calls will be available. The Purchaser shall, from the commencement date of the Service Agreement, maintain the UPS Power Module in accordance with the published operating specifications for the Power Module at the time of purchase. The Purchaser shall, unless otherwise specified in the Service Agreement, maintain the Battery System in strict accordance with the Battery System manufacturer’s recommended maintenance guidelines. Eaton is a trade name, trademark and/or service mark of Eaton Corporation or its subsidiaries and affiliates. Scope of Work Attachment R-30 Revision 12/12 Page 2 of 2 Agenda Packet Page Number: 106 Agenda Packet Page Number: 107 POWER ASSOCIATES, INC. ATTACHMENT B - PROFESSIONAL 9-1-1 REFERENCES Kevin Kleck Technical Operations Manager Tarrant County 9-1-1 Emergency Assistance District 817-820-1170 Cell 817-253-4264 Kim Ward, MPA 9-1-1 Program Coordinator Houston Galveston Area Council 713-993-2459 Cell 713-562-0792 kkleck@tc911.org Kimberly.ward@h-gac.com Brett Schneider, ENP Operations Manager Bexar Metro 9-1-1 Network District 210-408-3930 Cell 210-316-4020 Robert Leathers, ENP 9-1-1 Operations Manager McLennan County 9-1-1 Emergency Assistance District 254-776-8911 Cell 254-315-3911 bschneider@bexarmetro.org rleathers@mcead911.org Billy Blankenship 9-1-1 Technical Sales Consultant – Level 3 AT&T Emergency Services E9-1-1 512-870-4111 Cell 512-496-8921 Justin Evans Emergency Operations Manager - Radio Montgomery County Hospital District Cell 936-537-9309 bb7526@att.com Martin Saucedo 9-1-1 Technical Sales Consultant – Level 2 AT&T Emergency Services E9-1-1 512-438-6330 Cell 512-632-7990 ms6738@att.com jevans@mchd-tx.org Michael Grossie Executive Director Lubbock Emergency Communication District 806-747-6911 michael.grossie@lubbock911.org Tony Martinez 9-1-1 Senior Project Manager AT&T Emergency Services E9-1-1 512-870-2400 Cell 512-633-7947 Laura Torres 9-1-1 Program Manager Permian Basin Regional Planning Commission 432-563-1061 Cell 432-349-5100 am0665@att.com Laura.torres@PBRPC911-org Debra Gee 9-1-1 Senior Project Manager AT&T Emergency Services E9-1-1 817-884-9468 Cell 817-229-2026 dg4124@att.com Agenda Packet Page Number: 108 Proprietary Information - Do Not Distribute - Power Associates, Inc. December 18, 2014 ATTACHMENT C – PRICE SCHEDULE Agenda Packet Page Number: 109 Tarrant County 9‐1‐1 ‐ UPS Maintenance ‐ 5 Year Contract ‐ Co‐Term to 12‐31‐2019 POWER ASSOCIATES, INC. Eaton Service ‐ From Current Service Dates ‐ Terminating 12‐31‐2019 Single Phase ‐Calculated by Days Location AZLE BEDFORD BENBROOK BURLESON CROWLEY DALWORTHINGTON GARDENS EULESS EVERMAN FOREST HILL GRAPEVINE KELLER KENNEDALE IRVING BACKUP IRVING BATTERY CAB IRVING LAKE WORTH MANSFIELD PANTEGO PSAP LAB PSAP LAB BATTERY CABINET 911 LAB RIVER OAKS SAGINAW SANSOM PARK TARRANT CO. FIRE ALARM WATAUGA WESTOVER HILLS WESTWORTH VILLAGE WHITE SETTLEMENT FD WHITE SETTLEMENT PD Serial # BE516T0005 BC261T0009 BE515T0003 BD523T0011 BC332T0005 BC232T0002 BD013T0014 BD515T0001 BD523T0009 BD081T0009 BD141T0003 BC265T0009 BE516T0007 BF343T0006 BD523T0004 BC312T0001 BC342T0004 BD243T0003 EB061T0005 EB052T0002 EB163T0015 BD013T0006 BC342T0005 BE515T0004 BC332T0006 EB304T0039 BD323T0011 BC342T0003 BC293T0030 BC354T0006 Unit Type 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 12 Slot Battery CAB 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 12 Slot Battery CAB 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ 9170+ UPS Size 12 12 12 12 12 9 12 9 12 12 12 12 12 12 12 12 12 9 15 15 12 9 12 12 9 9 9 12 12 12 Current End 4/5/2017 8/4/2015 2/1/2017 8/29/2016 12/16/2015 10/1/2015 5/18/2015 7/25/2016 2/1/2017 9/22/2015 1/6/2015 8/4/2015 10/18/2017 10/18/2017 10/1/2016 10/9/2015 9/14/2015 7/29/2015 10/1/2016 10/1/2016 7/15/2018 6/28/2015 3/11/2015 10/10/2017 9/16/2015 6/10/2015 9/27/2015 9/16/2015 9/16/2015 10/9/2015 New End 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 Unit Cost $ 6,327.36 $ 10,333.45 $ 6,489.10 $ 8,109.61 $ 9,989.42 $ 8,997.08 $ 10,533.70 $ 7,244.41 $ 6,489.10 $ 10,207.65 $ 10,772.60 $ 10,333.45 $ 5,824.16 $ 3,237.19 $ 8,024.89 $ 10,164.00 $ 10,228.19 $ 9,135.11 $ 8,024.89 $ 4,727.74 $ 3,910.97 $ 9,201.96 $ 10,708.28 $ 5,844.70 $ 9,029.43 $ 9,240.78 $ 9,005.71 $ 10,223.05 $ 10,223.05 $ 10,164.00 **Single Phase Service Price ‐ Includes PAI onsite/remote contract services and 9170+ Alarm Panel warranty extension Single Phase ‐ Subtotal $ 252,745.03 Three Phase ‐Calculated by Days Location ARLINGTON BACKUP ARLINGTON FORT WORTH BACKUP GRAND PRAIRIE EOC RBU‐CENTRAL RBU‐CENTRAL RBU‐NORTHEAST RBU‐NORTHEAST RBU‐NORTHWEST RBU‐NORTHWEST RBU‐SOUTH RBU‐SOUTH Serial # BD124KXX02 EV083ZBA07 EX471CAA02 BF305KXX06 BE025KXX10 BE025KXX11 BE161KXX10 BE161KXX11 BE123KXX07 BE141KXX03 BG403KXX04 BG172KXX04 Unit Type 9355 ‐ EBM‐36 Jars 9315‐2 CAB‐80 Jars 9390/50‐2 Strings‐80 Jars 9355 ‐ EBM ‐ 72 Jars 9355 ‐ EBM ‐ 72 Jars 9355 ‐ EBM ‐ 72 Jars 9355 ‐ EBM ‐ 72 Jars 9355 ‐ EBM ‐ 72 Jars 9355 ‐ EBM ‐ 72 Jars 9355 ‐ EBM ‐ 72 Jars 9355 ‐ EBM ‐ 72 Jars 9355 ‐ EBM ‐ 72 Jars UPS Size 30 80 50 30 30 30 30 30 30 30 30 30 Current End 5/31/2018 3/26/2018 6/7/2016 10/3/2017 3/2/2016 3/2/2016 7/20/2016 7/20/2016 8/5/2016 8/5/2016 11/1/2018 11/1/2018 New End 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 12/31/2019 Unit Cost $ 6,735.21 $ 11,539.51 $ 18,903.15 $ 11,772.88 $ 16,954.08 $ 16,954.08 $ 16,380.27 $ 16,380.27 $ 16,314.70 $ 16,314.70 $ 4,850.02 $ 4,850.02 ** Three Phase Service Price ‐ Includes PAI onsite/remote contract services and failed battery coverage on all three phase units ** Full battery replacement on Three Phase units is considered outside of the service coverage Three Phase ‐ Subtotal Total Agenda Packet Page Number: 110 Proprietary Information ‐ Not for Distribution ‐ Power Associates, Inc. $ 157,948.89 $ 410,693.92 December 17, 2014 ATTACHMENT D - CUSTOMER TESTIMONIALS Agenda Packet Page Number: 111 Success Story: Tarrant County 9-1-1 District Markets Served Data Centers & IT One of the critical criteria was that we needed a single integrator that understood the product, the environmental aspects, and how to actually go from concept all the way to completion of a full, turn-key solution. Kevin Kleck, technical operations manager Eaton answers the call for complete needs of 9-1-1 center Location: Fort Worth, Texas Segment: 9-1-1 Emergency Services Problem: In order to successfully build out a series of backup data centers, the county needed a complete power quality and distribution solution, coupled with data center enclosures and furniture. Solution: Eaton 9355 UPS, Software, Service, Racks, Surge Protection Devices, EMPs, Connectivity, Input Breakers, Output Panels, Modular Furniture, Enclosure Systems Results: An end-to-end, high reliability solution was delivered by Eaton, enabling Tarrant County 9-1-1 to successfully plan, implement and complete a potentially complicated project. Background Undeniably, Tarrant County 9-1-1 District is tasked with an enormous responsibility: helping to ensure the ongoing safety of some 2.2 million citizens. In addition to protecting the population that resides within the county boundaries, the district also provides 9-1-1 services to several outlying cities. Handling more than 5,000 calls per day, Tarrant County 9-1-1 District is driven by its mission to continuously provide reliable, accurate, responsive, and effective emergency communication networks and services to its member jurisdictions. Yet five years ago, the county’s IT administrators honed in on an alarming trend. “The thing we realized, looking back over a 10-year span, was that most of our equipment failures were related to power issues,” recalls Kevin Kleck, technical operations manager for the district. “Whether it was a lightning strike, or an ice storm knocking out power lines, or rolling blackouts during the summer, we started noticing that our sites were vulnerable to these types of outages.” The realization prompted the district to seek out a comprehensive power protection solution. With a handful of Eaton® uninterruptible power systems (UPSs) already installed in existing facilities, Tarrant County turned to an Eaton channel partner to help mitigate its various threats. Agenda Packet Page Number: 112 “That initiative led Tarrant County 9-1-1 District to significantly expand our Eaton offering,” Kleck reveals, noting that the organization has since rolled out a wide range of Eaton power quality and power distribution products. “District wide, we began migrating to more redundant and fault-tolerant power systems.” Challenge In 2011, after investigating new technologies that enable emergency calls to be dynamically re-routed to other locations, Tarrant County 9-1-1 District decided to establish a regional backup data center. The intent behind the new data center was to provide a backup site where other 9-1-1 municipalities that did not have a redundant facility could relocate operations in the event of a disaster. Then, in early 2012, Tarrant County 9-1-1 District was faced with a unique opportunity. A consolidation of a local city jail that falls within its coverage area yielded some coveted open space in the form of three jail cells, a site that would ultimately be designated for a second backup data center. “This provided a prime opportunity for us to do something disaster recovery-related there,” says Kleck. “So we decided to lease the space from the city and complete some modifications to make the space more data centeroriented.” In order to successfully bring the two ventures to fruition, the district found that it required an extensive range of power quality and distribution products — as well as the expertise to merge all of the different components together. “One of the critical criteria was that we needed a single integrator that understood the product, the environmental aspects, and how to actually go from concept all the way to completion of a full, turn-key solution,” Kleck explains. Among the primary challenges of both projects was how to safeguard the broad range of critical 9-1-1 equipment that would be housed at the data center sites, including controllers, interfaces to public safety systems, telephony equipment and data base servers. Tarrant County 9-1-1 District needed a UPS solution that would not only deliver the highest level of reliability, but also offer the capability of expanding with the organization’s plans for growth. Extended runtime, small footprint and the ability to monitor equipment remotely were other factors in its decision. UPS Solution Tarrant County 9-1-1 District found everything it was looking for from Eaton, beginning with the 9355 UPS. The three-phase unit delivers superior power protection, coupled with scalable configurations that can be upgraded without additional hardware to provide 50 percent more power. By deploying a pair of units at each of the two data center sites, as well as extended battery cabinets, the 9-1-1 organization was able to satisfy its primary requirements. “We chose the 9355 because of the kVA level and the scalability of what it could go to,” Kleck reports. “It was a good size match for what we were trying to do. We’ve used a lot of Eaton 9170+ units in smaller sites where we didn’t have as much potential for growth, and where we didn’t have such a need for extended runtime or capacity. With the 9355, we were really looking at scalability and futureproofing.” Another boon for the district was the 9355’s form factor, which offers a sleek, endof-row tower design and the smallest footprint of any comparable UPS. The compact unit — which features standard internal batteries —was especially advantageous to the district at the jail, where the UPSs had to fit into a small space. “The size did make a difference,” says Kleck. “Because of the unit’s design, we were able to put in the 9355s plus an extra battery cabinet, and still leave space for a second battery cabinet should we need it down the road. We wanted at least an hour of runtime in case our generator didn’t kick on or something, so the battery scalability was a big plus.” Eaton 9355 and External Battery Cabinet with 9355 General Duty Safety Switch Agenda Packet Page Number: 113 2 EATON CORPORATION Success Story: Tarrant County 9-1-1 District The 9355 enables up to four UPSs to be paralleled for either capacity or redundancy using Eaton’s patented Powerware® Hot Sync® technology. However, Tarrant County chose a different option, configuring the units as dual power systems. While both options provide redundancy, with one UPS taking over the load in the event another fails, Tarrant County chose to attach the two 9355 units to separate outlet panels, which in turn lead to separate input panels and automatic transfer switches (ATSs) within the jail cells. Tying in the power infrastructure The potentially complicated connection process was made seamless by deploying Eaton’s input breakers, output panels, and automatic transfer switches, which provide reliable, rugged, versatile and compact assemblies for transferring essential loads and electrical distribution systems from one power source to another. “We’ve achieved a single point of merging power and infrastructure,” notes Kleck. “Each cell has the capability of pulling off both UPSs. And since there’s two of them, we can dual power any of our critical systems, and the other UPS can take over other load if one ever failed or needed to be taken offline for maintenance.” Furthermore, the district safeguards against the threat of incoming transient surges by adding Eaton surge protection devices upstream of the UPS. “Before it hits the UPS, we’ve already protected it,” explains Kleck. Bolstering the solution with monitoring and management To gain a clear view of its network, Tarrant County 9-1-1 District relies on Eaton’s Intelligent Power® Software Suite, which incorporates monitoring and management of power devices across the network from a single interface, as well as automatic graceful shutdown in the event of an extended outage to prevent data loss. “This is especially critical since most of our sites are unmanned and the best way for us to gain information in the field is through our network,” Kleck explains. “With IPM, we, we are able to watch the load or any alarms and traps remotely, and we’re notified if there’s any kind of usual event. And we can also statistically pull information without actually physically being there.” Each of the district’s UPSs also include an Eaton ConnectUPS Web/SNMP network card, which enables remote monitoring and provides HTTP, SNMP, SMTP, WAP, Telnet, SSL, SSH compatibility and advanced RS232 communications. In order to achieve manageability, monitoring and automatic transfer switching, the district also deployed Eaton’s zero-U ePDU® models at all locations, as well as standard PDUs rack-mounted to power strips where L5-20P or L5-30P input is required. Also operating throughout the four data center sites are approximately 50 Eaton environmental monitoring probes (EMP), a device that enables the Web/ SNMP adapters and webenabled ePDUS to monitor temperature and humidity. The information from the EMP is available on the web interface as well as through SNMP, with various notification options and userdefined thresholds. ConnectUPS-X Web/SNMP Card Furthermore, the organization placed Eaton’s modular furniture in two of the three data center facilities, as well as a Paramount Enclosure in one jail cell. Other Eaton enclosures and furniture are deployed within other district facilities, including Profile Command Consoles used by call-takers and dispatchers in the county’s 9-1-1 center. More of a good thing The success of Tarrant County’s data center venture gained momentum quickly. Another site was being completed to provide a georedundant expansion of the 9-1-1 system. This facility was designed to house a data center, as well as the capability to support a live 9-1-1 call center for agencies that needed to evacuate their primary facility. Before the project was even completed at the jail — which posed the most complex installation — the District requested that another site be constructed within a new facility it was building. That was followed by revamping a space within a fourth location oriented toward providing a backup location for the Sheriff’s Department. “As we had new sites brought up, we put Eaton equipment in,” Kleck says. “All four data centers will support the 9-1-1 system, and three of the sites have twin 9355s.” One of the greatest advantages of the overall project was the ability for Tarrant County 9-1-1 District to obtain every piece of its power quality and distribution solution from a single provider. “In some cases, we needed a full protection solution from the utility entrance to the outlet level,” Kleck shares. “And in other cases, where we may not own a facility but are leasing and simply have our equipment placed, we protect as much as possible. But always, our primary goal is to protect the 9-1-1 equipment, and we have done so with Eaton at every site.” Eaton’s channel partner worked with other local Eaton representatives to deliver the complete solution to Tarrant County 9-1-1. Acknowledging that it is not easy to find a single source capable of meeting all of its data center power needs — from UPS protection to distribution components and modular furniture — Kleck reveals that Eaton has come through, both from a product and support standpoint. “The Eaton solution that we use is certainly meeting our needs and is exactly what we were looking for to help us manage the variety of locations and sites,” Kleck reveals. “We were able to work through all of the environmental threats — from power outage to temperature issues — at our sites, and we gained a lot more information and vantage into those locations. One of the greatest advantages of the overall project was the ability for Tarrant County 9-1-1 District to obtain every piece of its power quality and distribution solution from a single provider. Agenda Packet Page Number: 114 EATON CORPORATION Success Story: Tarrant County 9-1-1 District 3 “The solution not only gives us diversity and redundancy, but also provides disaster recovery so others can sustain 9-1-1 services in the event of an emergency,” Kleck adds. With a variety of natural threats facing the four data centers on an ongoing basis — ranging from tornadoes to ice storms — Tarrant County 9-1-1’s new power system has already been put to the test more than once. “We’ve experienced blackout issues as storms swept through and we’re able to watch our sites still stay functional during those times,” Kleck reports. “We get great information communicated back to us so we understand exactly what’s happening at each site.” Results “We like Eaton because of the reliability, the stability of the company, and the quality of products it can provide,” Kleck sums up, adding that he also values the support he receives from both his local Eaton channel partner and internal Eaton representatives. With its comprehensive Eaton solution in place, Tarrant County 9-1-1 District is now able to: • Ensure the ongoing reliability of its 9-1-1 system between all locations • Provide four disaster recovery sites where emergency 9-1-1 operations can be maintained • Expand its UPS solution as needed with the scalability of the 9355 • Remotely monitor and manage sites with IPM • Rely on the expertise and convenience of a single source for its comprehensive power quality, power distribution, data center rack, command and control console needs Eaton Load Center Panel and 2-post IT rack with Eaton Automatic Transfer Switch Learn how Eaton solutions can help you at Eaton.com/electricalusa. Eaton Corporation Electrical Sector 1111 Superior Avenue Cleveland, OH 44114 USA Eaton.com © 2012 Eaton Corporation All Rights Reserved Printed in USA CS083004EN Agenda January 2013 Eaton is a registered trademark of Eaton Corporation. All other trademarks are property Packet Page Number: 115 of their respective owners. Success Story: Bexar Metro 9-1-1 Network District Eaton Answers the Call for Backup Power Product: Eaton 9170+ UPS ® Location: San Antonio, Texas Markets Served: Metropolitan area “We are in a business where seconds count. Our main concern is having reliable power at all times." - Bill Buchholtz, executive director, Bexar Metro 9-1-1 Network District Background Challenges The Bexar Metro 9-1-1 Network District supports the 9-1-1 emergency response services for three counties in the metropolitan area of San Antonio. As one of the largest districts in Texas, its area of responsibility has a population of approximately 1.6 million people and stretches beyond 2,600 square miles. Bexar Metro made a decision to upgrade its 9-1-1-related equipment in each call center with sophisticated software and highly technical computers. As part of this initiative, Bexar Metro was looking for a reliable backup power solution that would seamlessly phase into each of its emergency call centers over a short period of time. Bexar Metro’s responsibility is to ensure that citizens have the ability to connect with the appropriate Public Safety Answering Point (PSAP), or call center, to dispatch the necessary emergency response needed. The district acquires, installs and maintains the specialized equipment, while also managing the network, database, mapping and related infrastructure within each of the 20 PSAPs in its area of responsibility. With almost two million calls a year, including life-threatening situations, reliable power remains critical to keep the 9-1-1 telecommunications services and infrastructure operational. As part of the project, a reliable uninterruptible power system (UPS) was needed at each location since a small disturbance in utility power could terminate or prevent 9-1-1 calls from being completed. “We are in a business where seconds count. Our main concern is having reliable power at all times,” said Bill Buchholtz, executive director, Bexar Metro 9-1-1 Network District. “Typically it takes two or three seconds to bring a generator online during a power event. These seconds are critical and we have to bridge that gap with a dependable UPS to make sure there is no loss of power. In our business, we may receive emergency service calls at any time and our goal is to be ready and available for citizens in distress.” Agenda Packet Page Number: 116 Brett Schneider, director of operations, Bexar Metro, researched different vendors to ensure that the power requirements for this extensive upgrade were met. After a complete comparative analysis, he selected Eaton 9170+ singlephase UPSs. Bexar Metro relied on Eaton's power expertise to help manage the power for its mission-critical applications. “With previous units, the entire system failed if the power module went out. This would result in a loss of power to the 9-1-1 equipment on site,” Schneider said. “When we sought a new backup solution we wanted a UPS that was reliable but also resilient and scalable. The solution needed an architecture that could grow to meet our future demands and we found that in the Eaton 9170.” Solution The Eaton 9170+ single-phase UPS, with its scalable, modular and redundant design, offers the highest level of backup power protection, power quality and reliability and lowest cost of ownership of any UPS power supply in the 3–18 kVA range. The 9170+ eliminates systemlevel single point-of-failure; the logic and power are housed in the module and not in the enclosure, making the UPS inherently redundant. Bexar Metro worked with Eaton power specialist Power Associates, Inc. to develop the final specifications and deployment plan. “They are striving to provide the best services to their district,” said Mike Hodde, president, Power Associates. “Bexar Metro management selected the 9170+ UPS for its fault-resiliant features, ability to scale and extended runtime offerings.” Based upon previous experience, Bexar Metro wanted the ability to monitor all of the units deployed throughout the district. With Eaton’s eNotify Remote Monitoring and Diagnostics Service, Bexar Metro has 7x24 monitoring and on-site support for its UPS network. “Our IT staff can now check system availability, generate monthly reports and monitor the health of each UPS,” said Buchholtz. “The eNotify service is an efficient way for us to manage and anticipate any critical events, especially when we have our UPSs in multiple locations across a large geographic area.” Implementation As part of the multi-phase process to upgrade to the 9-1-1-related equipment that supports each call center, Bexar Metro worked closely with Power Associates to develop an installation schedule for the UPSs. “It was a significant time-phased operation,” said Buchholtz. “Between construction, electrical work, fiber and new equipment installations and connecting the network, we decided to make the UPSs a top priority because we wanted to secure reliable power before we installed the high-tech computers.” During the planning process, Bexar Metro worked with Power Associates and electricians to identify potential site issues and develop an implementation plan for the 9170+ UPSs, electrical panels and bypasses in each of the call centers. Of the 20 emergency call centers Bexar Metro is responsible for, they installed 9170+ UPSs in 15 locations and intend to upgrade the remaining locations in the near future. The team worked at a rapid pace of one installation per day. Results With the 9170+ UPSs in place, Bexar Metro has the ability to deliver reliable, scalable and consistent power protection to support 9-1-1 emergency response services for 1.6 million citizens in the San Antonio metropolitian area. Bexar Metro does not anticipate the need for additional 9-1-1 call centers although its expectations are that call volume will increase with population growth. Consequently, the company sized its installations to enable expanding the number of call-taking stations with minimal changes to infracturcture. “Bexar Metro is a prime example of a customer that has planned for the future. They installed enough equipment to handle today’s needs but are also positioned to scale their power needs for years to come,” said Hodde. As a result of the new infrastructure deployment, Bexar Metro can now: • Eliminate single point-of-failure with N+X power and logic redundancy • Ensure extended runtimes during a power disturbance • Monitor the health of each UPS in different locations with Eaton’s eNotify services • Grow as its IT environment changes by incorporating the scalable design of the 3 kVA power modules and batteries “Emergency call center supervisors have gone out of their way to tell us about their equipment functioning flawlessly during a power failure, thanks to the UPSs,” said Schneider. Eaton Corporation Electrical Group 8609 Six Forks Road Raleigh, NC 27614 Toll free: 1.800.356.5794 or 919.872.3020 www.eaton.com/powerware © 2008 Eaton Corporation All Rights Reserved Printed in USA Publication No. COR80CSS December 2008 Agenda Packet Page Number: 117 Eaton and PowerChain Management are registered trademarks of Eaton Corporation. All other trademarks are property of their respective owners. Tarrant County 9-1-1 District Board Communication DATE: RN: February 17, 2015 15-001 SUBJECT: Discuss and take appropriate action concerning PSAP Assistance Program Applications KEY STRATEGIC MEASURE: This item supports KSM number I, Maintain Sound Governance. RECOMMENDATION: The PSAP Assistance Program Funding Committee approved the following application and recommends Board approval: Tarrant County (15036) – $25,210 (Various Communications Center Upgrades) DISCUSSION: The applications listed above require your approval due to its size, to comply with the District Purchasing Policy. FISCAL INFORMATION/CERTIFICATION: Acct Number 5415-GP Acct Description Contract & other service (PSAP Assistance Program) Amount Budgeted Previously Expended Purchase Request Remaining Budget $1,000,000.00 $603,926.79 $25,210.00 $370,863.21 Submitted for Agenda by: Greg Petrey (817-820-1188) Additional Information Contact: Greg Petrey (817-820-1188) Agenda Packet Page Number: 118 Eric Metcalf Tarrant County Sheriff's Office Center Upgrades and Refurbishment TC9-1-1 PSAP Assistance Program - FY2015 Grant #: 15036 Tarrant County Sheriff's Office 200 Taylor St Fort Worth, Texas Dr Eric Metcalf 200 Taylor St Fort Worth, TX 76102 Printed On: 18 February 2015 esmetcalf@tarrantcounty.com TC9-1-1 PSAP Assistance Program - FY2015 Agenda Packet Page Number: 119 1 Eric Metcalf Tarrant County Sheriff's Office Application Form Report Fields Project Name* Name of Project Center Upgrades and Refurbishment Project Description* Description of Project The project contains several components to upgrade operating components of the Tarrant County Sheriff's Office Communications Center, or to replace failing equipment related to said center. Replacement items include a networked color laser printer for the communications supervisors, which is critical for production of training materials and missing persons information, and a refrigerator for the storage of food for the Communications personnel on duty, especially in long-duration operations. Upgrades to the center proposed include a central vacuum system, two additional television monitors, upgraded computer monitors and replacing the current swing-arms for the 9-1-1 District CPE with fixed monitor arms. The project also includes the first year of a phased replacement program for the extended use chairs, previously purchased with 9-1-1 District PSAP Assistance funds. Amount Requested* Amount Requested $25,210.00 Application ID Number Application ID Number 15036 Funding Request Supporting Documentation* Please attached all bids or quotations concerning this request Quotes.pdf Supporting Documentation (optional) Please attached all bids or quotations concerning this request Supporting Documentation (optional) Please attached all bids or quotations concerning this request Printed On: 18 February 2015 TC9-1-1 PSAP Assistance Program - FY2015 Agenda Packet Page Number: 120 2 Eric Metcalf Tarrant County Sheriff's Office Certification* Applicant certifies that, to the best of their knowledge and belief, the data in this application is true and accurate, the document has been duly authorized by the applying agency, and the applicant and agency will comply with the guidelines established by the PSAP Assistance Program, if the application is approved. Yes Electronic Signature* By typing my name in the box below, I understand that I am electronically signing this application: Eric S. Metcalf, Ph.D. Printed On: 18 February 2015 TC9-1-1 PSAP Assistance Program - FY2015 Agenda Packet Page Number: 121 3 Eric Metcalf Tarrant County Sheriff's Office File Attachment Summary Applicant File Uploads • Quotes.pdf Printed On: 18 February 2015 TC9-1-1 PSAP Assistance Program - FY2015 Agenda Packet Page Number: 122 4 Agenda Packet Page Number: 123 Agenda Packet Page Number: 124 Agenda Packet Page Number: 125 Agenda Packet Page Number: 126 OE400SPS QUOTE NO. ACCOUNT NO. DATE FVVT904 0457485 1/16/2015 SHIP TO: BILL TO: TARRANT COUNTY 100 E WEATHERFORD ST RM 506 TARRANT COUNTY 200 TAYLOR ST Accounts Payable FORT WORTH , TX 76196-0001 FORT WORTH , TX 76196-0208 Contact: SCOTT CERMAK 817.212.6984 Customer Phone #817.884.1145 Customer P.O. # FVVT904 QUOTE ACCOUNT MANAGER SHIPPING METHOD DAVE EDWARDS 877.274.3443 QTY 1 ITEM NO. 3167797 AIT - Deferred, 3-5 Days TERMS Net 30 Days-Govt State/Local DESCRIPTION HP COLOR LJ ENT M750DN Mfg#: D3L09A#BGJ Contract: Texas HP DIR TSO 2538 DIR-TSO-2538 SUBTOTAL FREIGHT TAX EXEMPTION CERTIFICATE GOVT-EXEMPT UNIT PRICE EXTENDED PRICE 2,427.30 2,427.30 2,427.30 0.00 0.00 2,427.30 Please remit payment to: CDW Government 230 North Milwaukee Ave. Vernon Hills, IL 60061 Fax: 312.752.3902 This quote is subject to CDW's Terms and ConditionsAgenda of Sales and Service Projects at Packet Page Number: 127 http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager. CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Agenda Packet Page Number: 128 Agenda Packet Page Number: 129 Agenda Packet Page Number: 130 Agenda Packet Page Number: 131
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