HomeMy WebLinkAboutLW15-359 - Original - Puget Sound Emergency Radio Network - Implementation Period Interlocal Cooperation Agreement - 10/23/2015 i-
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Puget Sound Emergency Radio Network
Vendor Number:
)D Edwards Number
Contract Number: L 115 — S
This is assigned by City Clerk's Office
Project Name: Interlocal Agreement
Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 10/23/15 Termination Date: Upon issuance
of FSA
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Kim Komoto Department: Law
Contract Amount: $0
Approval Authority: ❑ Department Director ® Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
As of: 08/27/14
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Attachment A,
PUGET SOUND EMERGENCY RADIO NETWORK
IMPLEMENTATION PERIOD
INTERLOCAL COOPERATION AGREEMENT
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TABLE 0FCONTENTS
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EXHIBITS
Ex. 1 Contracting Plan
EX. 2 List of Party Owned/Controlled Sites
Eo. 3 List ufFrequencies
EX. 4 Cost Allocation Model
Ex. 5 List nf User Agencies Eligible for Radio Exchanges
EK. O Contact Information
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PUGET SOUND EMERGENCY RADIO NETWORK
IMPLEMENTATION PERIOD
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement ("Agreement") is entered into pursuant to the
Interlocal Cooperation Act(Chapter 39.34 RCW) by and among King County ("County")
and the Cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer
Island, Redmond, Renton, Seattle and Tukwila, each a political subdivision of the State
of Washington (individually, a "Party," and collectively, the "Parties").
RECITALS
A. The Parties, under various interlocal agreements, including the Emergency Radio
Communications System Interlocal Cooperation Agreement, are responsible for the
ownership, operations and maintenance of various elements in the current King County
Emergency Radio Communications System (KCERCS), a voice radio system that is
nearly twenty years old and is increasingly unsupported by the supplier of the system's
equipment, software and repairs.
B. The Parties have determined that it is in the public interest that a new public safety
radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, and uniformly high-quality
emergency radio communications at a cost-effective price. Said new system is referred
to herein as the"Puget Sound Emergency Radio Network System" or"PSERN System."
C. The Parties seek to finance the costs of implementing the PSERN System by a
funding measure to be placed on the ballot by the King County Council for consideration
by the qualified electorate in King County.
D. The Parties desire that the County act as the lead agency for planning, procurement,
financing and implementation of the PSERN System and that a new non-profit
corporation will be formed to assume the ownership and control of the PSERN System
following Full System Acceptance.
E. The purpose of this Agreement is to establish the terms under which the Parties will
undertake the planning,financing, procurement, site acquisition and development,
equipment installation, and other activities necessary to implement the PSERN System,
F. Concurrent with this Agreement, the Parties are entering into the"Memorandum of
Agreement Regarding Future Operation of Puget Sound Emergency Radio Network"
(the MOA)to establish agreement to some of the material terms of a future interlocal
agreement for governance of the new non-profit corporation, referred to herein as the
"PSERN Operator', that will be created by the Parties and be responsible for the
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ownership, operations, maintenance, and on-going upgrading/replacing of the PSERN
System during its anticipated useful life.
TERMS AND CONDITIONS OF AGREEMENT
NOW,THEREFORE, in consideration of the mutual promises, benefits and covenants
contained herein and other valuable consideration, the sufficiency of which is hereby
acknowledged, the Parties agree to the above Recitals and the following terms and,
conditions.
1.0 RULES OF CONSTRUCTION AND DEFINITIONS
1A Rules of Construction
1.1.1 Unless the context requires otherwise, the singular form of a word shall
also mean and include the plural (and vice versa), and the masculine gender
shall also mean and include the feminine and neutral gender(and vice versa).
1.1.2 References to statutes or regulations include all statutory or regulatory
provisions consolidating, amending or replacing the statute or regulation
referred to.
1.1.3 References to sections, exhibits, attachments or appendices are to this
Agreement and references to articles or sections followed by a number shall be
deemed to include all subarticles, subsections, subclauses, subparagraphs and
other divisions bearing the same number as a prefix.
1.1.4 The words"including," "includes' and"include" shall be deemed to be
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followed by the words "without limitation".
1.1.5 The words "shall" or"will" shall be deemed to require mandatory action.
1.1.6 Words such as "herein," "hereof and "hereunder" are not limited to the
specific provision within which such words appear but shall refer to the entire
Agreement taken as a whole.
1.1.1 Words such as "person" or"party" shall be deemed to include individuals,
political subdivisions, governmental agencies, associations, firms, companies,
corporations, partnerships, and joint ventures.
1.1.8 References to "days" shall mean calendar days unless expressly stated to
be "Business Days." If the due date for a task, payment, or any other requirement
falls on a Saturday, Sunday or holiday observed by the County, the due date
shall be deemed to be the next Business Day.
1.1.9 Words not otherwise defined that have well-known technical industry
meanings are used in accordance with such recognized meanings.
1.1.10 The headings and captions inserted into this Agreement are for
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convenience of reference only and in no way define, limit, or otherwise describe
the scope or intent of this Agreement, or any provision hereof, or in any way
affect the interpretation of this Agreement.
1.1.11 This Agreement was negotiated and prepared by the Parties and their
respective attorneys. The Parties acknowledge and agree that the rule of
construction that an ambiguous contract should be construed against the drafter
shall not be applied in any construction or interpretation of this Agreement.
1.1.12 The Parties agree that if any provision of this Agreement conflicts with a
provision of the Emergency Radio Communications System Interlocal
Cooperation Agreement such that the conflicting provisions cannot be
harmonized,the provisions of this Agreement shall prevail.
1.2 Definitions
Words and terms shall be given their ordinary and usual meanings except that the
following terms are defined for this Agreement as follows:
1.2.1 Agreement means this Puget Sound Emergency Radio Network
Implementation Period Interlocal Cooperation Agreement,
1.2.2 Alternate means a person appointed to serve in the absence of a Joint
Board Representative.
1.2.3 Appointing Par y(ies) means the City of Seattle, the EPSCA Cities, the
ValleyCom Cities and King County.
1.2.4 Confidential Information means any Information in written, graphic, verbal
or machine-recognizable form that: (a) is related to the PSERN System; (b) is
provided to a Party by another Party,the PSERN Contractor or another person or
entity; and (c) is marked or identified as"confidential", "proprietary," "trade secret'
or similar designation.
1.2.5 Contract Change shall have the meaning set forth in Exhibit 1.
1.2.6 Cost Allocation Model means the method used for determining the user
rates applicable to Dispatch Centers and User Agencies for fees they will pay to
either the County or the PSERN Operator during the Operations Period.
1.2.7 County means King County, Washington.
1.2.8 Dispatch Center means a facility or an entity that uses the PSERN System
to dispatch users of Subscriber Radios.
1.2.9 EPSCA means the Eastside Public Safety Communications Agency.
1.2.10 EPSCA Cities means the Cities of Bellevue, Issaquah, Kirkland, Mercer
Island and Redmond,Washington.
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12.11 Full System Acceptance (FSA) means the determination issued to the
y p PSERN Contractor upon satisfactorily completing the final system development
phase milestone.
1.2,12 Implementation Period means that period of time from the effective date
of this Agreement through and until the beginning of the first full month after
issuance of FSA.
1.2,13 Joint Board means the board formed by the Parties under this
Agreement.
1.2,14 KCERCS means the existing King County Emergency Radio
Communication System.
1.2.15 NAC means a notice of apparent completion issued under the contract
with the PSERN Contractor.
1.2.16 Operations Budget means the budget funded by fees from Dispatch
Centers and User Agencies to pay for the costs of operating, maintaining and
upgrading the PSERN System after FSA.
1.2.17 Operations Period means the period that commences with the first full
month after FSA.
1.2.18 Party means a signatory to this Agreement and excludes a signatory that
withdraws from this Agreement.
1.2.19 Project (or PSERN Project)means all authorized activities relating to the
planning, analysis, design, development, acquisition, site development,
installation, testing, training, and operation of the PSERN System until FSA,
starting-up a new PSERN Operator,transferring the PSERN System to same
and any decommissioning, contract close-out and other project completion
activities.
1.2.20 Project Budget means the budget approved by the Joint Board to spend
the funds the County Council has appropriated to carry out PSERN Project
activities and to fund the Rate Stabilization Allocation described at Section 8.8 of
this Agreement.
1.2.21 Project Fund means the funds held by the County to fund the Project
Budget including proceeds from the County-wide levy and proceeds from any
bond or debt instruments.
1.2.22 Project Director means the County employee assigned to lead Project
activities.
1.2.23 PSERN means the Puget Sound Emergency Radio Network.
1.2.24 PSERN Contractor means the prime contractor under County Contract
#5729347 (or the County Contract)that Is responsible, among other things, for
supplying the PSERN System's equipment and software.
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1.2,25 PSERN Operations Period ILA (or Operations Period ILA) means the
future interiocal cooperation agreement to be entered into by the Parties in
accordance with the MOA in order to establish the terms under which the PSERN
Operator will own, operate, maintain, manage and upgtade/replace the PSERN
System during the Operations Period.
1.2.26 PSERN Operator means the new entity to be formed pursuant to the
MOA and Section 9.1 of this Agreement to own, operate, maintain, manage and
upgradelreplace the PSERN System during the Operations Period.
1.2.27 PSERN Project (see "Project").
1.2,28 PSERN System or System means all the elements constituting the
PSERN System, excluding Subscriber Radios unless the context indicates
inclusion.
1.2.29 Representative means a person appointed by an Appointing Party(les)to
serve on the Joint Board.
1.2.30 Subscriber Radio means an end user radio and includes a mobile
(vehicular) and portable (handheld) radio which has been authorized and
programmed to operate on the System.
1,2.31 User Agency means an entity that uses the PSERN System under a valid
User Agency Agreement for its employees' radio communications.
1.2.32 User Agency Agreement means an agreement executed between the
County or the PSERN Operator, as appropriate, and a User Agency establishing
the terms under which a User Agency is allowed to access and use the System.
1.2.33 ValleyCom means the Valley Communications Center.
1.2.34 ValleyCom Cities means the Cities of Auburn, Federal Way, Kent,
Renton, and Tukwila, Washington.
2.0 DURATION OF AGREEMENT
2.1 This Agreement shall take effect on the date when last signed by an authorized
representative of each Party.
2.2 Unless extended by written amendment as provided in Section 15.10 or
terminated earlier as provided in Section 13, this Agreement shall expire upon the
issuance of FSA and the County's written notice to the other Parties that all Project
activities have been completed.
2.3 Notwithstanding Section 2.1 and 2.2 above, if the Project is not funded by a voter
approved measure prior to January 1, 2018, this Agreement shall terminate on January
1, 2018 unless extended by agreement of the Parties.
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3.0 THE PARTIES' RESPONSIBILITIES
3.1 Appointing Representatives to Joint Board
The Parties, or groups of Parties, shall appoint Representatives to the Joint Board as
provided under Section 4.
3.2 Use of Land and Improvements
To the extent provided in Section 5.3, each Party agrees to make land and
improvements available for PSERN System use.
3.3 Use of Licensed Spectrum
To the extent provided in Section 5.4, each Party agrees to make licensed spectrum
under its direct or indirect control available for PSERN System use.
3.4 Cooperation on PSERN System Activities .
Each Party understands and agrees that it is essential to public safety, within its
jurisdiction and throughout King County, that the PSERN System be implemented
Without delay. In support of that objective, each Party agrees to cooperate in good faith
with each other in all activities related to the PSERN System's implementation, operation
and maintenance,which cooperation shall include: promptly responding to requests for
information among the Parties; exercising best efforts to expedite the processing and
execution of any requested reviews, inspections, approvals, permits, leases and
agreements; and timely performing any construction, installation, testing and
maintenance activities related to the PSERN System,
3.5 Other Responsibilities
The Parties shall be responsible for such other activities and obligations as are specified
herein or arise from a Joint Board action.
4.0 JOINT BOARD
4.1 Creation of Joint Board
By executing this Agreement, the Parties hereby create a Joint Board pursuant to RCW
39.34.030(4). The Joint Board is not a separate legal or administrative entity within the
meaning of RCW 39.34.030(3). The Joint Board shall oversee the activities of the
Parties in connection with the PSERN System as provided in this Agreement. The Joint
Board shall act on behalf of all Parties and as may be in the best interests of the PSERN
Project. The Joint Board is not authorized to enter into contracts, own assets, or hire
employees.
4.2 Joint Board Representatives
4.2.1 The Joint Board shall consist of four (4) voting Representatives appointed
as follows by the Parties, or groups of Parties:
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a. City of Seattle: one (1) Representative and one (1)Alternate.
b. Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond
collectively: one (1) Representative and one (1)Alternate.
c. Cities of Auburn, Federal Way, Kent, Renton and Tukwila collectively:
one (1) Representative and one (1)Alternate.
d. King County: one (1) Representative and one (1) Alternate.
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4.2.2 The non-voting Chair of the Joint Board shall be the Deputy County
Executive or his/her designee. The Chair or designee shall conduct the Joint
Board's meetings and supervise the administrative activities related to meetings
including scheduling, preparing the agendas, providing reports and other
information materials to the Representatives and creating records of Joint Board
actions. .
4.2.3 The Joint Board may also appoint a chief of a police agency and a chief of
a fire agency to serve as non-voting participants on the Joint Board, provided
they are from agencies within King County.
4.2.4 The County Executive, the Mayor of the City of Seattle, the Mayors of the
EPSCA Cities, and the Mayors of the ValleyCom Cities shall each provide to the
Joint Board's Chair a written notice identifying the names of a primary
Representative and an alternative Representative (Alternate)who are authorized
to speak, vote and otherwise act on behalf of their respective Appointing Party or
group of Parties. Such notices shall include the name(s), contact information and
effective date(s) of the appointments.
4.2.5 An Alternate may only speak and vote on behalf of his/her Appointing
Party(ies) if. (a)the Chair has received written notice of the Alternate's
appointment; and (b)the primary Representative is absent from the meeting.
References in this Agreement to a "Representative" shall include an Alternate
who has been appointed in accordance with this Agreement and is acting in the
absence of the primary Representative.
4.2.6 The Appointing Party or group of Parties shall promptly replace any
vacancy in its positions of Representative and Alternate and may, at any time,
replace its Representative or Alternate by giving the Chair of the Joint Board
written notice of the change including: the name(s), contact information and
effective date(s) of the replacement(s).
4.2.7 Each Representative and each Alternate shall be an employee of his/her
Appointing Party(ies),ValleyCom or EPSCA. No Representative or Alternate
shall be deemed to be an employee of, or entitled to compensation from, any
Party other than his/her Appointing Party.
4.3 Quorum and Meeting Procedures
4.3.1 A quorum for a meeting of the Joint Board shall be all four(4)voting
Representatives and the Chair or his/her designee.
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4.3.2 The Joint Board shall establish procedures for its operations and meetings,
including establishing regular monthly meeting schedule and location and
providing,for the scheduling of special and emergency meetings.To the extent
allowed by Washington law, the Joint Board may establish procedures for
conducting meetings by telephonic or other electronic means provided that all
Representatives and members of the public are able to hear each other during
the meeting. if such procedures are established by the Joint Board, any
Representative participating in a meeting by such means is deemed to be
present at the meeting for all purposes including establishing a quorum.
4.3.3 The Joint Board shall take action by the unanimous vote of all four(4)
voting Representatives.
4.3A Representatives must be present at a meeting to vote and may not vote by
proxy.
4.3.5 The voting Representatives may select an acting Chair to serve in the
absence of the Chair or his/her designee.
4.3.6 The Joint Board shall comply with applicable requirements of the
Washington State Open Public Meetings Act(Chapter 42.30 RCW).
4.4 Joint Board Actions
4.4.1 The Joint Board shall oversee the implementation, operation and
maintenance of the PSERN System to the extent provided in this Agreement. In
furtherance of that oversight, the Joint Board is specifically authorized to take the
following actions;
a. Amend this Agreement including any exhibits without legislative
approval by the Parties;
b. Establish committees and advisory groups, including an advisory
operations board of emergency radio users,to perform activities related
to the PSERN Project or to provide reports or recommendations to the
Joint Board related to the PSERN Project;
c. Adopt and amend policies, business rules, procedures, standards and
guidelines related to the PSERN System including System access and
use, security, and System and Subscriber Radio maintenance, upgrading
and security;
d. Approve the Project Budget subject to County Council appropriation;
e. Approve contracts related to the Implementation Period;
f. Approve those leases related to the PSERN System for which the
monthly rent exceeds the per site monthly rent authorized in the Project
Budget;
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g. Approve changes to PSERN System-related contracts if the cost of the
change exceeds the authority granted to the Project Director under the
Contracting Plan attached hereto and made a part hereof as Exhibit 1;
h. Approve the PSERN System design and any changes to same
affecting System performance;
1. Approve the issuance by the County to the PSERN Contractor of
Notice of Apparent Completion (NAC) of the following milestones:
(i) Milestone 3H: System Optimization and RF Coverage
,Testing
(ii) Milestone 3J Operational and Functional System Test
(ill) Milestone 3K Pilot Test with 100 Users
(iv) Milestone 5C Full System Acceptance
j. Approve a transition plan that defines the tasks, responsibilities and
schedule for transitioning from the KCERCS to the PSERN System
including moving Dispatch Centers and User Agencies onto the PSERN
System;
k. Approve agreements between the County and User Agencies and
Dispatch Centers establishing the terms and conditions for access to and
use of the PSERN System;
I. Approve such other actions as are specified under this Agreement as
being made by the Joint Board;
m. Delegate the Joint Board's authority under this Agreement subject to
such limitations and conditions as the Joint Board may establish; and
n. Approve a Party's request to withdraw from this Agreement and the
terms and conditions of such approval in accordance with Section 13.
4.4.2 Notwithstanding any grant of authority to the Joint Board as set forth in this
Agreement, the Joint Board shall not take any action that would negatively affect
the taxability of bonds or other debt instruments issued by the County from the
County-wide levy funds collected for the Project.
4.4.3 The PSERN System-related contracts will require prompt review of
deliverables and notices of milestone completion. The Joint Board shall hold
special meetings as needed and take action in a timely manner so as to avoid
delay and other claims by PSERN System-related contractors.
4.5 Impasse Resolution Procedure
4.5.1 If a matter requiring Joint Board action is moved at a Joint Board meeting
but fails for lack of a unanimous vote by all four(4) Representatives, a voting
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Representative may submit written notice of an impasse to the other
Representatives and the Joint Board Chair. The notice shall include a statement
of the action being sought and the history of any Joint Board deliberation or
vote(s) on the matter.
4.5.2 Within seven (7) days of receipt of a notice of impasse, the Chair or his/her
designee shall designate a mediator to assist the Joint Board in resolving the
impasse. The mediator shall be experienced in resolving disputes in public
sector capital projects and may not be an employee of any of the Parties.
4.5,3 The Parties agree that it Is essential to the success of the PSERN Project
that any,impasse:be resolved as quickly as possible and accordingly agree to
instruct their respective Representatives to cooperate with the mediator in good
faith including expediting responses to any mediator requests for information and
discussion.
4.5.4 The mediator shall promptly investigate the impasse and the respective
positions of the voting Representatives. The mediator may recommend one or
more non-binding alternatives for resolving the Impasse. Regardless of the
outcome of the mediation, each Party shall pay an equal percentage share of the
cost of the mediator's fees and expenses, if any, The County shall pay the
mediator and invoice each Party for its share. Each Party shall pay the County
within thirty(30)days after receiving the invoice.
4.5.5 If the impasse is not resolved within ten (10) days of the mediator providing
his/her recommendation(s), the Elected Executives Committee (EEC)shall meet
with the Joint Board to attempt to resolve the impasse. The EEC shall be
composed of the King County Executive; the Mayor of the City of Seattle; one
elected official designated by the EPSCA Cities; and one elected official
designated by the ValieyCom Cities. The Joint Board and the EEC shall
convene to consider the matter and attempt to reach a resolution, which may
include re-submitting the matter for a Joint Board vote, not later than twenty (20)
days after the date the mediator provided his/her redommendation(s).
4.6 Emergency Procedures
In the event that an emergency, as defined by RCW 39.04.280, has or may have direct,
significant and material negative effects on the implementation, operation and
maintenance of the PSERN System, the Parties acknowledge that for all contracts
entered into by the County and supported by levy funds, the King County Executive shall
have the authority to issue a determination of emergency and the provisions of King
County Code 2.93.080 shall apply. The Project Director shall communicate to the
Parties each decision made pursuant to any emergency determination as soon as
reasonably possible.
4.7 Record of Action
Actions by the Joint Board shall be memorialized in writing and signed by the Chair or
acting chair of the Joint Board. A copy of each action shall be distributed to each Joint
Board Representative and Alternate within ten (10) Business Days of the action.
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43 Joint Board Administrative Support
The County shall provide administrative support for the Joint Board. The cost of
providing such support shall be covered by the PSERN Project Budget during the
Implementation Period and by the PSERN Operations Budget during the Operations
Period.
5.0 PSERN SYSTEM IMPLEMENTATION
5.1 Project Management
The County will be responsible for performing all Project management activities
including:
a. all personnel actions related to the Project Director and other County
o Project employees assigned t Ject activities;
b. scheduling and management of day-to-day Project activities;
c, developing a Project Budget and obtaining County Council
appropriation(s), approving expenditures, and tracking expenditures
against the Project Budget including its contingency;
d. developing, tracking, and updating all required Project documentation;
e. developing and performing all financial, accounting and inventory
control processes including establishing a Project Fund to receive levy
and bond proceeds, processing invoices and making payments and
distributions from the Project Fund, responding to audits, and tracking the
receipt and distribution of equipment and other deliverables in
accordance with applicable laws, regulations and policies;
f. developing and implementing a transition plan for Joint Board approval;
g. coordinating PSERN Project activities with the Parties and the
KCERCS's users; and
h. providing regular reports to the Joint Board on the Project's activities
during the Implementation Period,
5.2 Contracting and Equipment Ownership
5.2.1 Subject to Joint Board approval, the County will procure, execute and
administer all contracts, licenses and agreements related to the planning,
analysis, design, development, installation, construction and testing of the
equipment, software, facilities, improvements and other elements of the PSERN
System.
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5.2.2 The Project Director shall be responsible for contract procurement and
contract administration activities in accordance with Exhibit 1.
5.2.3 As the Party entering into the contract(s), the County will become the
owner of the delivered PSERN System equipment except as provided in Section
7 for Subscriber Radios, The County will transfer said ownership to the new
PSERN Operator formed In accordance with Section 9 and the MOA.
5.3 PSERN System Sites
5.3.1 Subject to Joint Board approval if required under Section 4.4.1(fj the
County will enter into leases and other arrangements to acquire the rights, for
itself and its contractors, successors and assigns, to access, install, use,
develop, or construct towers, structures, equipment, facilities and other
improvements as needed for PSERN System implementation.
5.3.2 The PSERN System sites identified in the List of Party Owned/Controlled
Sites, attached hereto and made a part hereof as Exhibit 2, are controlled directly
or indirectly by those Parties as indicated therein. If and to the extent a Party's
interest permits, each such listed Party agrees to enter into a lease(s),
assignment or other appropriate agreement with the County to permit the use by
the PSERN System of the listed site(s) under its control on terms and conditions
no worse than the best terms and conditions (for the lessee) that are then
applicable in a comparable lease, license or agreement with another
governmental entity. Consideration for such a lease may be provided as a cash
payment, credit, or reciprocal benefit.
5.3.3 If during the PSERN System design process, other potential locations for
PSERN System equipment or facilities are identified on any land or any
improvement (such as buildings and towers) in which any Party has an
ownership or tenancy interest, or otherwise controls, directly or indirectly through
EPSCA or ValleyCom, then subject to any legal limitations, such Party agrees to
enter into a lease(s), assignment or other appropriate agreement with the County
to permit the use of such land or improvements by the PSERN System.
Notwithstanding the forgoing, a Party shall not be required to enter into any
lease, assignment, or other agreement that impairs a party's right and ability to
use the equipment or facilities as necessary for KCERCS or the Party's own
purposes. The land and improvements shall be offered to the County:
a. with a right of first refusal; and
b. on terms and conditions no worse than the best terms and
conditions (for the lessee) that are then applicable in a
comparable lease, license or assignment with another
governmental entity. Consideration for such a lease may be
provided as a cash payment, credit, or reciprocal benefit.
5.3.4 Nothing in this Agreement shall require a Party, ValleyCom, or EPSCA to
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terminate or interfere with an existing lease or use of land or improvements.
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5.3.5 The Parties will cooperate with the County in fulfilling its role and
responsibilities under this Agreement. Without limiting the foregoing, the EPSCA
Cities and the ValleyCom Cities shall propose and support measures at the
EPSCA and ValleyCom boards, respectively, as necessary to effect the purposes
and intent of this Section 5.3 and to the extent permitted by law. The Parties
acknowledge and support EPSCA and ValleyCom each directly entering into an
agreement with the County by which each will agree, in consideration for its
opportunity (and/or its member cities' opportunity)to participate in the PSERN
System, to be bound to the provisions of Sections 5.3.2 and 5.3.3 as they relate
to property owned or controlled by EPSCA and ValleyCom respectively.
5.3.6 In the event the,Project is not funded by a voter approved measure prior to
January 1, 2018, and this Agreement terminates on January 1, 2018, all leases
and agreements entered into pursuant to this Section 5.3 shall also terminate on
January 1, 2018 unless otherwise agreed to by the parties to the lease or
agreement.
5.4 Frequencies
5.4.1 The Parties agree that they will cooperate with the County in any Federal
Communications Commission process or application necessary to make
available, or cause to be made available, for use in the PSERN System the
licensed frequencies identified in the List of Frequencies attached hereto and
made a part hereof as listed in Exhibit 3, and including any successor
frequencies under re-banding. As part of the PSERN System design process,
the Parties agree to cooperate in the development of PSERN frequency plans
including agreeing to relicensing frequencies from the sites in which they are
currently used to other sites in the PSERN System. Further, the Parties will
consent to use of frequencies by the County and the PSERN Contractor under
the design standards of the PSERN System.
5.4.2 The Parties will cooperate with the County in fulfilling its role and
responsibilities under this Agreement. Without limiting the foregoing, the EPSCA
Cities and the ValleyCom Cities shall propose and support measures at the
EPSCA and ValleyCom boards, respectively, as necessary to effect the purposes
and intent of this Section 5.4. The Parties acknowledge and support EPSCA and
ValleyCom each directly entering into an agreement with the County by which
each will agree, in consideration for its opportunity (and/or its member cities'
opportunity) to participate in the PSERN System, to be bound to the provisions of
Section 5.4.1 as it relates to frequencies licensed to or controlled by EPSCA and
ValleyCom respectively.
5.4.3 In the event a Party withdraws or otherwise terminates its participation in
this Agreement and the PSERN System, it shall surrender all rights and interests
it may have or claim to have in any frequencies determined by the Joint Board to
be necessary for the PSERN System. The provisions and obligations of this
Section 5.4 shall survive a Party's termination or withdrawal from, this
Agreement.
5A.4 The Parties agree to take all steps necessary to ensure that all spectrum
used in the PSERN System is transferred to and licensed in the name of the
15
PSERN Operator to which ownership of the PSERN System is transferred after
FSA. Said transfer and re-licensing shall be effected within sixty (60) days after
ownership of the PSERN System has been transferred to the PSERN Operator.
5.4.5 Any frequencies currently used in KCERCS which are not reused in the
PSERN System shall remain in the name of the original licensee under KCERCS
and shall not be transferred to the PSERN Operator.
5.4.6 If the PSERN Project Is terminated prior to FSA, or if following FSA the
PSERN System is abolished in its entirety, the PSERN Operator(or if it has not
yet been created, the County)will take all steps necessary to transfer the
frequencies surrendered pursuant to this Section 5.4 back to each of the Parties,
EPSCA, and ValleyCom, and/or their successors,
5.5 Transition from KCERCS to the PSERN System
5.5.1 The Parties agree to continue to operate and maintain the central switch,
sub-systems and other elements of KCERCS to the extent the Parties directly or
indirectly control such elements until the issuance of FSA of the PSERN System
or such other time as the Joint Board approves. Nothing in this Agreement shall
be interpreted to require a Party to undertake any action that would adversely
and materially impact a Party's ability to operate KCERCS as necessary for
public safety through the implementation Period.
5.5.2 The Parties shall cooperate with each other in implementing the transition
from the KCERCS to the PSERN System including:
a. moving or removing, or causing/permitting such moving or removing, of
KCERCS equipment to accommodate the installation of PSERN System
equipment;
b. consenting to the use by the County of frequency licenses for use in
the PSERN System during the Implementation Period and until the
licenses are transferred to the PSERN Operator, by:
(1) executing letters of concurrence allowing the County to be a
co-licensee for those frequencies during the Implementation
Period; and
(2) unlicensing those frequencies used by PSERN; and
c. timely performance of all applicable tasks and responsibilities specified
in the Transition Plan adopted by the Joint Board.
5.5.3 The County will serve as the PSERN System manager and enter into
agreements with Dispatch Centers and User Agencies establishing the terms and
conditions for their transition to and use of the PSERN System, as more fully
described in Sections 6 and 7.
5.5.4 Through their direct or indirect participation on the KCERCS's Regional
Communications Board, the Parties agree to take such actions as are necessary
16
to effect the purposes of this section and any other matter necessary to the
transition from the KCERCS to the PSERN System.
5.6 Decommissioning of KCERCS
It is expected that through the PSERN Project, all KCERCS equipment will be
decommissioned and removed. However, to the extent KCERCS equipment is not
decommissioned and removed due to a decision by the Joint Board or a Party, the
Parties shall be responsible for decommissioning the elements of the KCERCS that they
own or are owned by entities in which they participate.
6.0 DISPATCH CENTER EQUIPMENT IMPLEMENTATION
; I
6.1 Dispatch Center Equipment
The PSERN Project Budget will fund the purchase of certain PSERN System equipment
that will be installed at Dispatch Centers in King County in a like-for-like exchange of
existing KCERCS-related equipment in order to enable the Dispatch Centers to access
and use the PSERN System. The County shall be the owner of said PSERN System
equipment during the implementation Period and will transfer ownership to the PSERN
Operator as provided in Section 9.
6.2 Dispatch Center Agreements
Neither the County nor the PSERN Operator may deny consoles or console service to
any Dispatch Center. However, as a condition of using said consoles and the PSERN
System, each Dispatch Center shall enter into a Dispatch Center Agreement with the
County and the PSERN Operator shall make
County or the PSERN Operator. The
consoles and console service available to each Dispatch Center on substantially similar
terms and conditions. The Dispatch Center Agreement shall include, among others
terms, the following:
a. a grant by the Dispatch Center to the County and its successors and
assigns for the space, access rights, power,fiber connections, internet
access and other resources necessary for the County and its contractors
to deliver, store, install, test, operate and maintain PSERN System
equipment;
b. the quantities and types of equipment that will be funded by the
PSERN Project Budget and installed at the Dispatch Center;
c. the schedule and locations for installation and testing of said
equipment and training users;
d. the provision that the County or PSERN Operator, as appropriate, will
provide maintenance, updates, and upgrades to consoles for as long as
they shall,remain in service and owned by the County or the PSERN
Operator;
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e, the process for repairing/replacing/upgrading equipment;
f, the obligations for the Dispatch Center to pay the user fees and other
costs of connecting to the PSERN System during the Operations Period;
g, the Dispatch Center is responsible for theft, damage or other loss after
delivery of equipment to the Dispatch Centers facility; and
h. a commitment by the Dispatch Center to execute a novatlon replacing
the County with the new PSERN Operator for the Operations Period.
If a Party or entity is both a Dispatch Center and a User Agency, the above provisions
may be addressed in a single Dispatch Center/User Agency Agreement.
7.0 SUBSCRIBER RADIO EQUIPMENT IMPLEMENTATION
7.1 County Purchase of Initial Order of Subscriber Radios
Pursuant to an executed User Agency Agreement as provided in Section 7.4,the County
will purchase initial orders of Subscriber Radios on behalf of all User Agencies.
Ownership of said County-purchased Subscriber Radios will be transferred to the User
Agencies within the same fiscal year that the Subscriber Radios are put into service.
User Agencies may enter into"piggyback" contracts with the PSERN Contractor for the
direct purchase of additional Subscriber Radios.
7.2 Project Funding for Certaln Subscriber Radios
The PSERN Project Budget will be used to fund the initial order of certain types of
Subscriber Radios and accessories for the User Agencies identified in the List of User
nges, which is attached hereto and made a part hereof
Agencies Eligible for Radio Excha
as Exhibit 5. A User Agency listed in Exhibit 5 shall be eligible to receive a Project
funded Subscriber Radio and a kit of standard accessories in exchange for a trade-in
radio used in the KCERCS, provided that each trade-in radio:
a. was an active radio in the KCERCS zone controller within thirty (30)
days prior to the date of the exchange; and
b, is an operable radio at the time of the exchange.
The new Subscriber Radio funded by the Project Budget shall be the type of radio that is
the nearest equivalent to the trade-in radio.
7.3 Payments by User Agencies
it 5 shall pay the County
r the
add A User f any y that is Subscriber Radios, feasted on tures and accessories thatoare not
added costs of any
covered by the Project Budget under Section 7.2.
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i
7.3.2 A User Agency that is not listed in Exhibit 5 shall pay the County for the full
cost, including taxes, of any Subscriber Radio purchased by the County on its
behalf.
7.3.3 The County shall establish the method and timing of such payments in
advance of placing an order with the PSERN Contractor.
7.4 User Agency Agreements
No User Agency may register or use a radio or other device on PSERN unless it has
entered into a User Agency Agreement with the County or the PSERN Operator.
Neither the County nor the PSERN Operator may deny radios or radio service to any
agency permitted to be licensed in the Public Safety Radio Spectrum pursuant to 47
agency enters into and complies with the provisions of a User
Agency Agreement. The User Agency Agreements shall include, among other terms,
the following:
a. the quantities and types of Subscriber Radios that will be funded by
the PSERN Project Budget and the amounts to be paid by the User
Agency;
b. designation of the User Agency's status (primary or secondary) and
priorities at the.talkgroup level;
C. a grant of all space, access rights, power and other resources
and
necessary for the County and its contractors to deliver, store, install,
test Subscriber Radios;
d. the schedule and locations for installation and testing of Subscriber
Radios and user training;
e. the central management of encryption keys and the template for
programming User Agency radios;
f. the prohibition with applicable timeframes on a User Agency's re-sale
or transfer of any Subscriber Radios and the requirements for tracking
and reporting all Subscriber Radios to the County;
g. the terms for use of the System including acceptable equipment
models and features, protocols, maintenance standards and other
conditions;
h. the process for repalring/replacing Project-funded Subscriber Radios
through the end of the warranty period;
i. the obligations for the User Agency to pay the user fees and other
costs of connecting to the PSERN System during the Operations Period;
j. the User Agency is responsible for theft, damage or other loss after
delivery of equipment to the User Agency's facility; and
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k. a commitment by the User Ag foe the Operations Period.placing the
County with the new PSERN operator
8.D PSERN PROJECT BUDGET FOR IMPLEMENTATION PERIOD
8.1 Funding of Project Budget
The PSERN Project Budget will be funded by proceeds from a County-wide property tax
bond or other debt instruments issued by the
levy and, as needed, proceeds from b Section.are
County. The reimbursement and other payments provided under thiisGouncifs adoption
conditioned upon voter-approval of the funding levy and the County
of an appropriation for the PSERN Project Budget. Except as provided in this
Agreement or by action of the Joint Board, the Gity of Seattle,the EPSCA Cities, and,
ValleyCom Cities shall not be required to reimburse the PSERN Project Budget or the
County for costs incurred during the Implementation Period.
8.2 Elective Contract Change
6.2.1 Any Contract Change determined by the Project Director to be elective,
must be approved in advance by the Joint Board. The Joint Board may approve
the Contract Change either.as an elective Contract Change or if the Joint Board
determines the change is not elective, as a Contract Change. At the time the
Joint Board approves an elective Contract Change, it shall also approve a
reimbursement allocation for the cost of the elective Contract Change to be paid
by one or more Parties in the event the Project Budget is insufficient to cover
some or all of the cost of the elective Contract Change as described in Section
8.2.2 below.
B.2.2 At the end of the Implementation Period, ff the PSERN Project Budget is
insufficient to pay the reimbursements and payments provided in this Section B,
the Parties shall reimburse the PSERN Project Budget for all Elective Contract
Changes according to the allocations approved'by the Joint Board, up to the
amount of the budget shortfall beginning with the first adopted Elective Contract
Change and proceeding in chronological order.
8.3 Reimbursement of Planning Phase Costs
8.3.1 The County shall use the Project Budget to reimburse itself, the City of
Seattle, EPSCA and ValieyCom for the following costs incurred from August 1,
2012, through the start of the Implementation Period:
a. the costs of staff labor hours expended on planning, analysis,
procurement, legal and other PSERN System-related activities; and
b. the costs of technical, financial, consultant, legal and other contractor
services related to the PSERN System.
Reimbursement of labor hours shall be at the applicable hourly, monthly or
annual rate that is used in the normal course when the employee's time is
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charged for other purposes, Reimbursement for contractor services shall be at
the reasonable, actual amount paid by the agency seeking reimbursement.
8.3.2 Requests for reimbursement under this Section 8.3 may be submitted to
the County after the County Council's adoption of a PSERN Project Budget and
appropriation.
8.3.3 Requests shall be submitted on a form prescribed by the County and be
accompanied by such documentation as the County may require including time
records and invoices.
8.4 Administrative, Election and Financing Costs
The Project Budget shall cover the County's costs of providing administrative support to
the Joint Board and the election, al'
financing, administration and other costs
associated with the levy and the ss ante of any bonds or other debt financing.
8.5 Reimbursement of implementation Period Costs
8.5.1 The Project Budget shall cover all of the County's costs incurred during the
Implementation Period including:
a, payments to the PSERN Contractor and other contractors
b. County labor and internal charges
c. rents, fees and other costs related to real property access and
development activities
d. insurance
el equipment,tools, technology, devices, vehicles and supplies
f. travel
g, training
h, fuel
i. freight
j. utilities
k. security systems and services
I. road maintenance
m. cost of claims, litigation and related legal and other expenses.
8.5.2 The County shall use the Project Budget to reimburse the City of Seattle,
EPSCA and ValleyCom for the costs expended during the Implementation Period
on all PSERN System-related activities contemplated or required under this
Agreement, including:
a. preparation for and participation at Joint Board and technical
committee meetings;
b. witnessing the PSERN Contractor's factory testing, field,testing of
infrastructure and coverage testing; and
c. escorting PSERN Contractor personnel to sites at which the City of
Seattle, EPSCA or ValleyCom have current KCERCS maintenance
responsibilities.
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Reimbursement of labor hours shall be at the applicable hourly, monthly or
annual rate that is used in the normal course when the employee's time is
charged for other purposes. Requests for reimbursement shall be submitted on
a calendar quarter basis following the County Council's adoption of an
appropriation for the PSERN Project Budget. Failure to submit a request within
sixty (60)days after the end of a calendar quarter shall constitute a waiver of any
reimbursement for cost incurred in said quarter. Requests shall be submitted on
a form prescribed by the County and be accompanied by such documentation as
the County may require including time records and invoices.
8.6 Subscriber Radio Purchases
The Project Budget will be used to fund the Initial order of certain types of Subscriber
Radios and accessories as provided in Section 7.
8.7 PSERN Operator's Start-up Costs
Upon creation of a new PSERN Operator as provided in Section 9.1, the County shall
pay to said PSERN Operator the amount specified in the Project Budget for the new
PSERN Operator's pre-FSA expenses for start-up activities under Section 9.2 and the
Operations Period ILA.
8.8 Rate Stabilization Allocation
The County shall, within the Project Budget, set aside a Rate Stabilization Allocation in
the amount of$ 2,619,406.00, the purpose of which shall be to reduce and phase in the
impact of increased console and radio rates on PSERN System User Agencies and
Dispatch Centers, By March 31 of the year prior to the expected date for FSA as
projected by the Project Director, the Joint Board shall adopt a Rate Stabilization
Allocation plan.
i
9.0 TRANSFER OF SYSTEM FOR OPERATIONS PERIOD
9.1 Creation of a new PSERN Operator
Not later than one year prior to the expected date for FSA as projected by the Project
Director,the Parties shall create and establish a non-profit corporation as authorized
under RCW 39,34,030 to own, operate, maintain, manage and upgradelreplace the
PSERN System during the Operations Period,
9.2 Start-up of PSERN Operator
As provided in the Operations Period ILA, the Parties shall cause said new PSERN
Operator to hire an Executive Director and staff, train staff, establish facilities, contract
for goods and services, install systems and undertake all other steps necessary for the
PSERN Operator to be able to accept the transfer of the PSERN System from the
County and be fully responsible for the Operations Period upon issuance of FSA by the
Joint Board.
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j
9.3 Transfer and Novation Agreements
The Parties shall cause the PSERN Operator to enter into agreements with the County
and third parties that effect the following upon FSA and after the County has determined
and notified the Parties that all Implementation Period activities have been completed:
a. transfer all PSERN System-related equipment (other than Subscriber
Radios as provided in Section 7.0); and
b. the novation of the contract with the PSERN Contractor, the Dispatch
Center and User Agency Agreements and all licenses, leases and other
contracts and agreements related to the PSERN System.
The Parties intend and agree that the PSERN Operator shall be deemed to be the
successor to the County for all PSERN System purposes and shall assume all of the
County's rights, responsibilities and liabilities under said contracts, licenses, leases and
agreements.
10.0 OPERATIONS AND MAINTENANCE PENDING TRANSFER
10.1 Interim Operations
If the transfer of the PSERN System is not completed as provi� inue too od in Section perate and
and the PSERN Operations Period ILA, then the County may p
maintain the PSERN System after FSA.
I
10.2 Cost Allocation Model
10.2.1 In the event the transfer to a new PSERN Operator has not occurred and
if the County continues to act as the lead for operations and maintenance beyond
FSA, the County will be paid monthly user rates by each Dispatch Center and
User Agency, based on the Cost Allocation Model at Exhibit A, until the transfer
occurs and the County has closed out its role and incurs no more costs.
10,2.2 The Cost Allocation Model shall be applied to an annual Operations
Budget developed by either the County or the PSERN Operator for each
calendar year of operations after FSA. The Dispatch Center and User Agency
rates shall be recalculated annually to reflect cost changes from January 1
through December 31 of each year, and shall be included in the Operations
Budget, which shall be subject to approval by the Joint Board.
10.2.3 By May 1 of each year, the County or PSERN Operator shall calculate
the share of costs to be billed to the Dispatch Centers and User Agencies in
accordance with the Cost Allocation Model and Operations Budget in the coming
year and transmit that information to each Dispatch Center and User Agency.
10.3 The County shall collect fees in accordance with the Dispatch Center and User
Agency Agreements.
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11.0 'INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION AND
RECORDS
11,1 Intellectual Property
The Parties may be provided with products, documents or other deliverables related to
the PSERN System that are the subject of copyright, trade secret and other intellectual
property rights of, or claims of such rights. Each Party agrees that it will exercise any
intellectual property license rights in accordance with the license provisions of the
County Contract and any other applicable licenses so long as the Party has prior notice
of the license requirements.
11.2 Confidential Information
11.2.1 Each Party agrees that it will: (a) limit the distribution of Confidential
Information to those employees, contractors or other persons who have a
reasonable business need to know such Information; and (b) take all reasonable
care, and not less than the care the Party applies to its own confidential
information,to prevent unauthorized use or disclosure of Confidential
Information. Each Party agrees that it will not use, copy, convey or disclose any
Confidential Information to any other person or entity unless expressly authorized
in writing by the person that provided the Confidential Information or as may be
required by law.
11.2.2 Such care shall include: (a) requiring such employees, contractors or
other persons to sign a nondisclosure agreement; (b) requiring any contractors to
also undertake reasonable protection measures; and (c) promptly enforcing any
violations of such agreements.
11.3 Records.
11.3.1 Each Party shall keep records as required by state law and in
accordance with such policies, procedures and retention schedules as may be
established by the Joint Board. To the extent permitted by law, all records,
accounts and documents relating to matters covered by this Agreement shall be
subject to inspection, copying, review or audit by the Washington State Auditor or
any Party. Upon reasonable notice, during normal working hours, each Party
shall provide auditors from the Washington State Auditor or the other Parties with
access to its facilities for copying said records at their expense.
11.3.2 Each Party shall be responsible for responding to public disclosure
requests addressed to it in accordance with the Washington Public Records Act,
Chapter 42.56 RCW, and such procedures as may be established by the Joint
Board. If a Parry receives a public records request for records related to the
PSERN System,the Party receiving the request shall promptly notify the Project
Director and the Joint Board.Absent agreement by the Parties on other
arrangements, the Party receiving the request shalt remain responsible for
responding to the requester. In the event a request for records is addressed to
the Joint Board but specifies records of a single Party, such Party shall assume
responsibility for responding to the request. In the event a request for records is
addressed to the Joint Board but does not specify records of a single Party, the
24
I
County shall assume responsibility for coordinating the Parties' response to the
request.
11.3.3 If the requested records include any Confidential Information, the Parry
receiving the request shall promptly notify the Party or other person or entity that
designated the information as Confidential Information, Any Party receiving a
public records request that includes Confidential Information shall not disclose
the Confidential Information for ten (10) business days in order to give the
affected Party or third party the opportunity to take whatever action they deem
necessary to protect their Interests before disclosure of the Confidential
Information. A Party receiving a public disclosure request shall not be required to
take any legal action In order to prevent disclosure of Confidential
d sdenti l InformatioConfidenn,
nor shall a Party incur any liability to any other Party
Party has Information in response
complied to a the p public
io disclosure
of this Sect on 11.uest so long as the disclosing
12.0 FORCE MAJEURE
Acts of nature, acts of civil or military'author strikes and other labor of war, ,fire,taccidend
shutdowns for purpose of emergency repairs, the control
other industrial, civil or
rt public disturbances s an obligation under this at are not reasonably (Agreement are
of a
Party causing the vents." inability perform
"Force Majeure Events:" If any Party is rendered unable, wholly or in part, by a Force
Majeure Event, to perform or comply with any obligation or condition of this Agreement,
such obigation or
be suspended for the time and to the
necessal condition shall
ry to allow for perfor man c extent reasonably
e and compliance ance and restoration of normal
operations.
13.0 TERMINATION OF AGREEMENT;WITHDRAWAL OF A PARTY
13.1 Termination of Agreement by Joint Board.
The Joint Board may terminate this Agreement in its entirety by the unanimous
affirmative vote of all voting Representatives.
13.2 Withdrawal of a Party.
13.2.1 In the event that a Party desires to withdraw from this Agreement, it shall
give written notice to the Joint Board including its reasons therefor, a'description
of the probable impacts on the other Parties, a description of the probable
impacts to the scope, schedule and budget of the PSERN Project and a
proposed withdrawal work plan thatwill identify all necessary actions which need
to be undertaken to effect the withdrawal.
13.2.2 Upon receipt of the above-described notice and information, the Joint
Board will consider the request for
rawal. The Joint Board may in its
discretion q
approve a Party's request Itodwithdraw from this Agreement and sole
25
establish any terms and conditions for approval. Approval requires a unanimous
vote of all voting Representatives on the Joint Board.
13.2.3 A Party that is permitted to withdraw shall remain responsible for any
obligations that arose prior to the effective date of the withdrawal and for any that
are specified under Section 15.14 as surviving a withdrawal. A with out no wi Party
shall be solely liable for any actual costs to the other Parties arising
resulting from the withdrawal'. Any such costs or other amounts owed under this
Agreement by a withdrawing Party shall be paid prier to the effective date of the
withdrawal or; if such amounts are trot yet established, then within thirty (30)
days after the amount is established.
14,0 LEGAL RELATIONS
14.1 Independent Contractors and No Third Party Beneficiaries
14.1.1 Each Party to this Agreement is an independent contractor with respect to
the subject matter herein. No joint venture or partnership is formed as a result of
this Agreement.
14.1.2 Nothing in this Agreement shall make any employee f fiof one p rtfor
an
employee of another party for any purpose, including, b
withholding of taxes, payment of benefits,worker's compensation.pursuant'to
Title 51 RCW, or any other rights or privileges accorded by virtue of their
employment No Party assumes any responsibility for the paymerrt`of any
compensation,fees,wages, benefits or taxes to or on behalf of any other party's
employees: No employees or agents of one Party shall be deemed, or represent
themselves to be, employees of another Party.
14.1.3 It is understood and agreed that this Agreement is solelythebenefit of
the Parties,ValleyCom other and EPSCA and gives no right to any person
entity.
14.2 Claims Arising from the Joint Board's Acts or omissions
The Parties agree to share the cost, including the costs of defense, in the event of any
claim, lawsuit, demand, judgment, award or liability of any kind against the Joint Board,
any Party, ValleyCom or EPSCA and their respective officials and employees
("Claim(s)") arising out of, or in anyway,resulting from: (a) a Joint Board action or failure
to act; or(b) the County's acts or omissicns arising from a Joint Board action or failure to
act. The Parties agree to share,thercosts arising from such a Glaim(s), including the
costs of defense in the following p
a. King County shall be liable for 25%;
b. City of Seattle shall be liable for 25%;
c. the EPSCA Cities shall be jointly and severally liable for 25%; and
26
d. the ValleyCom Cities shall be jointly and severally liable for 25%
The Parties agree to cooperate with each other as necessary in responding to and
defending against all such Claims, which may include developing a joint defense plan.
14.3 Other Claims
Except for a Claim covered by Section 142, each Party to this Agreement shall protect,
defend, indemnify, and save harmless the other Parties and their respective officials and
employees, from any and all Claims; arising out of, or In any way resulting from,the
indemnifying Party negligent acts or omissions. No Party will be required to indemnify,
defend, or save harmless any other Party if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of another.Par. - Where such claims, suits,
or actions result from concurrent negligence of two or more Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each
Patty's own negligence; Each of the Padje"s agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on
behalf of, any of its employees or agents, For this purpose, each of the Parties, by
mutual negotiation, hereby waives, with respect to each of the other Parties only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW.
14.4 Waiver of Consequential and Certain Other Damages
ALTHOUGH EACH PARTY ACKNOWLEDGES THE POSSIBILITY OF SUCH
LOSSES OR DAMAGES, EACH PARTY AGREES TO WAIVE ALL CLAIMS AGAINST
EPSCA, VALLEYCOM, THE OTHER PARTIES, AND THEIR RESPECTIVE OF
AND EMPLOYEES FOR ANY: COMMERCIAL LOSS, INCONVENIENCE; LOSS OFLS
USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY
RELATED TO OR ARISING FROM THIS AGREEMENT, PROVIDED THAT THIS
SECTION SHALL ONLY APPLY TO CLAIMS BETWEEN AND AMONG THE PARTIES,
AND
SHALL
NOON E INTERPRETED TO LIMIT ANY
CLAIMS BROUGHT PURSUANTTO
14.5 In the event that any of the Parties or combination of the Parties incurs any
judgment, award, and/or cost arising therefrom, including attorney fees, to enforce the
provisions of this Section 14, all such fees, expenses, and costs shall be recoverable
from the responsible Party or combination of the Parties to the extent of that
Party's/those Parties' culpability.
14.6 The provisions of this Section 14 shall survive the expiration or termination of this
Agreement.
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15.0 GENERAL
15.1 Filing of Agreement
Pursuant to RCW 39.34,040, prior to its entry into force,this Agreement shall be filed
with the King County Recorder's Office or, alternatively, listed by subject on a Party's
web site or other electronically retrievable public source.
15.2 Time of the Essence
The Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
15.3 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other Parties
or any one of them shall have the right to bring an action for specific performance,
damages and any other remedies available under this Agreement, at law or in equity.
15.4 No Waiver
No term or provision of this Agreement shall be deemed"waived and no breach excused
unless such waiver or consent shall b in writing and signed
of this parteement shall hall not
or Parties
claimed to have waived or consented. Waiver of any
be deemed a waiver of any subsequent default. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any other or subsequent breach.
Waiver of such default and waiver of such breach shall not be construed to be a
modification of the terms of this Agreement unless stated to be such through written
approval of all Parties.
15.5 Parties Not Relieved of Statutory Obligations
Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any
obligation or responsibility imposed upon it by law except that to the extent of actual and
timely performance thereof by the Joint Board, the performance may be offered in
satisfaction of the obligation or responsibility.
15.6 Nondiscrimination
The Parties shall comply with the nondiscrimination requirements of applicable federal,
state and local statutes and regulations.
i
15.7 No Assignment
No Party shall transferor assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Joint Board.
15.8 Dispute Resolution
If one or more Parties believes another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter
subm t the mf the to
Parties are unable to resolve the matter informally, any
party mayzs
mediation in accordance with the process provided in Section 4.5. If t Parties submit
the matter to mediation and the matter is not resolved, then the aggrieved Party shall
entitled to pursue any legal remedy available.
15.9 Entire Agreement
The Parties agree that this Agreement, including any attached exhibits, constitutes a
single, integrated, written contract expressing the entire understanding and agreement
between the Parties. No other agreement, written or oral,expressed or implied, exists
between the Parties with respect to the subject matter of this Agreement, and the Parties
declare and represent that no promise, inducement, or other
agreement
e expressly
contained in this Agreement has been made conferring any upon them
15.10 Amendment Only In Writing
This Agreement may be amended by action of the Joint Board in accordance with
Section 4.4.1.
15.11 Notices
15.11.1 Any notice under this Agreement shall be in writing and shall be
addressed to the Chair of the Joint Board, the Project Director and to each
Party,s Representative. Any notice may be given by certified mail, overnight
delivery, facsimile telegram, or personal delivery. Notice is deemed given when
delivered. Email may be used for notice that does not allege a breach or dispute
under this Agreement.
15.11.2 The names and contact information set forth In Contact Information,
amended
attached hereto and made a part hereof as Exhibit 6, shall apply
in writing by a Parry providing new contact information to each other Party.
15.12 Choice of Law; Venue
This Agreement and any rights, remedies, and/or obligations provided for in this
Agreement shall be governed, construed, and enforced in accordance with the
substantive and procedural laws of the State of Washington. The Parties agree that the
Superior Court of King County, Washington shall have exclusive jurisdiction and venue
over any legal action arising under this Agreement.
15.13 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be
invalid, unenforceable, or void for any reason whatsoever, each such portion, provision,
or part shall be severed from the remaining portions, provisions, or parts of this
Agreement and the remaining provisions shall remain in full force and effect.
29
15,14 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a,
Party's withdrawal from this Agreement.
Section 11 Intellectual Property, Confidential Information and Records
Section 14 Legal Relations
Section 15.12 Choice of Law; Venue
Additionally, unless otherwise determined by the Joint Board, Sections 5,3 and 5.4 shall
survive a Party's withdrawal from this Agreement.
15,15 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names in the spaces provided below.
KING COUNTY CITY OF AUBURN
Name
Name1.
Title I�C1� 4 G�ft�'�>� Title
Date q� k`t f Date
Attest:
r City Clerk
Approved as to Form:
Approved as to Form: i
eputy
22Prosecuti� City Attorney
Attorn
it
i
i
30
15.14 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a
Party's withdrawal from this Agreement.
Section 11 Intellectual Property, Confidential Information and Records
Section 14 Legal Relations
Section 15.12 Choice of Law; Venue
Additionally, unless otherwise determined by the Joint Board, Sections 5.3 and 5.4 shall
survive a Party's withdrawal from this Agreement.
15.15 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names in the spaces provided below.
KING COUNTY CITY OF AUBURN
Name Name
Title Title by,
Date Date b- Ll " 15
Attest:
City Clerk CGS
Approved as to Form: Appr e s m
i
Deputy Prosecuting Attorney Cit ttorney
30
CI OF ELLEVUE_____,_,
CITY OF FEDERAL WAY
Name �A' a S Name
Title l}�r t� CITy /Yr/i�f�Efi� Title
Date f�/�- ?`ems
Date
Attest:
Attest:
City Clerk City Clerk
Approved o Form`.
Approved as to Form:
`
2f�1 Ci tty Attorre City Attorney
ti
CITY OF ISSAQUAH CITY OF KENT
Name
Name
Title
Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
31
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CITY OF BELLEVUE �
CITY FEDERAL WAY
1
Name
Title Title
Date Date
Attest: Attest:
City Clerk City ClerKl '[,y/I'I l
Approved as to Form: A r ved as7tol Fo
City Attorney ity Atto y
i
CITY OF ISSAQUAH CITY OF KENT
Name Name
i
Title Title
Date . .Date
Attest: Attest:
City Clerk . City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attomey
i
31
i
1
i
i
CITY OF BELLEVUE CITY OF FEDERAL WAY
Name. Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Farm:
City Attorney
Attorney
CITY OF ISSAQUAH CITY OF KENT
Name
Titled Title
Date ( c)1Z D 1z-c) I Date
Attest: Attest:
City Clerk ` City Clerk
Approved as to For Approved as to Form:
Clt ttor y City Attorney
I
31
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CITY OF BELLEVUE CITY OF FEDERAL WAY
. _ Name
Name
i
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
CITY OF ISSAQUAH CITY-OF44pw
Name Nam �K
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney Ci Attorney
i
i
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CITY d IRf AID O CITY OF MERCER ISLAND
Name urn �fr Name
Title Cl i Moga ffC Title
Date J , r Date
Attest: Attest:
DaP"*-j,- City Clerk
City Clerk_ N v y
Approved asAFOVYI: Approved as to Form:
A5t City Attorney City Attorney
CITY OF REDMOND
CITY OF RENTON
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Appirooved as to Form:
City Attorney City Attorney
i
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I
CITY OF ISSAQUAH CITY OF KENT
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved,as to Form: Approved as to Form:
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERGER ISLAND
Name Name
Title Title L' FN Y11 R�t1C�
Date Date_
Attest: Attest:
City Clerk City Cl rk
it
Approved as to Form: Approve as to Fo
City Attorney City Attorney
31
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I'
CITY OF KIRKLAND CITY DF MERCER ISLAND
Name
Name
Title
Title .
Date
Date
Attest:
Attest:
City
Clerk
Clerk
Approved as to Form:.
Approved as to Form:
City
Attorney
Attorney
CITY OF REDMOND
CITY OF RENTON
Name dr_ 't� Name
Title N CTy /J Spit li liL� Title
�.�-----
Date Date
_ Attest:
Atte st:
y cl�rst:City Cf r City Clerk
Apa
as to Form: Approved as to Form:
City rney City Attorney
sz
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I
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CITY OF KIRKLAND CITY OF MERCER ISLAND
i
I
Name Name
Title Title
I
Date Date
Attest:
Attest:
City Clerk City Clerk
I
Approved as to Form: Approved as to Form:
City Attorney City Attorney
i
CITY OF REDMOND CITYnFNTON
i
I
Name Name Denis Law `�1omwiiiimmurniiiiii�i
Title . Title Mayor
Date
Date January ,2015
Attest: Attest;
j0r`
City Clerk Chris L . Chau, Deputy C1 10 erk
Approved as to Form: App ed as to Form: "
City Attorney City Attorney
i
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32
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CITY O SE CITY OF TUKWILA
Name , l-(rr��f� 2 Name
Title /C,r/o Title
Date Date
Attest: Attest:
City Cl City Clerk
Approved as to Form:
I
10 �FS F& City Attorney
F T
�T
�C m
1869
I
33
f
i
CITY OF SEATTLE CITY OF TUKWIL
Name a e
Title Title /t 16 4
ff I.
Date Date
Attest: Attest: i
City Clerk City Clerk r
App vednas to
Form:
ity Attorney
Ii
33
r i
Exhibit 1
Contracting Plan
1.0 General
1.1 This Contracting Plan sets forth the general contract procurement and contract
administration responsibilities of the County and its employees with regard to those contracts
determined to be necessary or desirable for the planning, implementation,testing,operation
and maintenance of the PSERN System during the term of the Agreement. Such contracts
include contracts with: (a)the vendor providing the PSERN System and Subscriber Radios; (b)
the consultant designing the improvements at certain sites;and (c)the contractor constructing
said site improvements.
1.2 The Project Director,and those King County employees designated by the Project Director,
shall be responsible for the procurements and day-today administration of such contracts and
shall make all decisions related thereto subject to such approval by the Joint Board as may be
required by the Agreement
2.0 Contract Procurement Activities
2.1 The County shall be responsible for the following contract procurement activities:
a. drafting and issuing the applicable Invitations To Bid(ITBs)or Requests for Proposals
("RFPs")and any modifications to these documents;
b, responding to questions and evaluating bids or proposals submitted in response to
the ITBs or RFPs;
c. conducting contract negotiations;
d. awarding contracts and responding to any protests or challenges to the awards; and
e. responding to requests for County records related to the procurement processes.
2.2 The Joint Board may appoint technical or other committees to participate with the
County in the above procurement activities by providing timely review,comments and
recommendations to the County's Buyer and Project Director,as applicable.
3.0 Contract Administration Activities
3.1 The County shall be responsible for administering PSERN System-related contracts
including the following activities:
a.Monitoring contractors' compliance with contract schedule, scope, budget, quality
requirements,and all other terms and conditions;
b.Participating in inspections,testing and other compliance-verification measures;
c. Identifying performance deficiencies and requiring remedlation;
d. Managing the Contract Change Order and amendment processes and performing
cost/price analyses of Contract Changes as necessary;.
34
p
e. Reviewing and responding to the contractors' deliverables and assertions of
milestone completion within prescribed review timeframes using the agreed upon
procedures;
f. Responding to and resolving contractor claims;
g.Processing and paying contractor invoices;
h.Administering warranty claims;
I. Coordinating communications between contractors and the owners of sites and
facilities at which PSERN System equipment will be located or current equipment will be
removed;
j. Coordinating communications between contractors and the owners of vehicles in
which PSERN System equipment will be installed;
k. Coordinating with User Agencies In the ordering of Subscriber Radios;
I. Coordinating internal and external audits;
m.Responding to information and public disclosure requests from the public and media;
n. Monitoring expenditures compared to the Project Budget, including use of
contingency amounts;
Board on contract administration and the current
o. Providing reports to the Joint
status of the PSERN Project; and
p.Contract Close-out.
3,2 The Project Director shall develop appropriate procedures and practices for the activities
listed above. The Project Director may amend such procedures and practices as necessary.
3.3 The Parties acknowledge that it is essential the Project Director serve as the sole
communication conduit with each contractor on matters related to the PSERN System.
Unless specifically designated by the Project Director,the Joint Board Representatives,
their Alternates, members of any committees and the Parties and their employees,
representatives,consultants,and agents shall not communicate with the contractors on
PSERN System-related matters.
4.0 Contract Changes
4.1 The County shall execute in writing any changes or amendments to a contract's terms,
conditions,specifications, scope,schedule, price,or other requirements("Contract Change").
4.2 Except in case of an emergency,the Project Director shall obtain prior-approval by the Joint
Board of any Contract Change that:
a. individually adds more than $200,000 in contract cost;
b, collectively,when combined with all other Contract Changes to the applicable
contract,adds more than$1,000,000 in cost to that contract;
C. adds more than thirty(30)days to a contract's schedule;
d, materially changes the PSERN System design,
e, 'exceeds a PSERN Project Budget line item; or
f. that the Project Director determines to be elective.
35
5.0 Contractor Claims
5A In the event a contractor files a claim for additional time or money,the Project Director
shall notify the Joint Board of the requested Contract change and whether the Project Director
approves or rejects same. The Project Director is authorized to negotiate and resolve such
claims,subject to the same limitations as regarding Contract Changes set forth above.
5.2 The Joint Board,its committees and the Parties shall cooperate with the Project Director
and support the Project Director in responding, defending and/or resolving such claims including
collecting and providing information and participating in any dispute resolution and legal
proceedings related to such contractor requests or claims.
6.0 Conditions on Participation in Procurement and Contract Administration Activities
The Project Director may require,as a condition of participating in the PSERN System
procurement and contract administration activities,that Joint Board Representatives
and Alternates,committee members and any other individuals agree in writing to keep
Information confidential and comply with all laws,regulations,PSERN System contracts,
County requirements and the provisions of this Agreement including provisions relating
to conflict of interest,confidentiality, records retention, records disclosure and other
requirements.
END OF EXHIBIT 1.
III
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Exhibit 2
List of Party Owned/Controlled Sites
Clearnew pp a ove Cam ridge ducatron Ill
Cr sta Capitol Hill McDonald Peak rway I
West Tiger Mountain
Federal Way Northeast Skyway
Grass Mountain West Seattle ,
Harborview Medical Center KerikSites R�dcation ill
King County Courthouse
Cambridge Education ill
King County Jail
King County Regional Justice Center a eVue re Station
Marysville Water Tank
Rattlesnake Mountain
Ring Hill
Snoqualmie Pass
Sobieski Mountain
Squak Mountain
Top Hat
View Park
Participating PSAP'S and
Dispatch Locations Bothell
Police Department
PSAP Enumclaw Police
Department PSAP
Harborview Medical Center
DISPATCH Issaquah Police
Department PSAP
King County Courthouse
DISPATCH King County Jail
DISPATCH NORCOM 911
PSAP
King County RCECC
PSAP Redmond Police
Department
PSAP
King County Regional Justice
Center DISPATCH Seattle
Fire Department
PSAP Seattle Police Department
PSAP Seattle Public Utilities
DISPATCH Sound Transit LCC
DISPATCH Sound Transit OMF
DISPATCH UW Police
Department
37
PSAP Valleycom
PSAP
King County Youth Service Center DISPATCH
END OF EXHIBIT 2.
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Exhibit 3
List of Frequencies
Seattle EPSCA Valleycom
Fixed Mobile Fixed Mobile Fixed Mobile
851.1875 806.1875 851.1375 806.1375 851.0625 806.0625
851.4125 806.4125 851,8875 806.8875 851.0875 806,0875
851.9375 806.9375 852.6375 807,6375 851,1625 806.1625
851.9875 806.9875 853.3875 808.3875 851.3625 806,3625
952,1625 807.1625 853.4125 808.4125 8SL8125 806.8125
852.6875 807.6875 854.2375 809.2375 851.9625 806.9625
852.9125 807.9125 855.4875 810.4875 852.1125 807.1125
853.4375 808.4375 966.1625 821.1625 952.6125 807,6125
853,6625 808.6625 866.2125 821.2125 852,7125 807.7125
854.1125 809.1125 866.4125 821.4125 852.9625 907.8625
854.1875 809.1875 866.4625 821.4625 853,3125 809.3125
854.3625 809.3625 866.6625 821.6625 853,4875 808,4875
854.4125 809.4125 866.9125 821.9125 853.6125 808.6125
866.2875 821.2875 866.9875 821.9875 854.0875 809.0875
866.3125 821.3125 867.2250 822,2250 854.2875 809.2875
866.3375 821.3375 867.2500 822.2500 855,7125 810,7125
866.4375 821.4375 867,3125 822.3125 855.9875 810.9875
866.6875 821.6875 867,3625 822,3625 856.4375 811.4375
866.7125 821.7125 867.3875 822.3875 856.7125 811.7125
866,7375 821.7375 867.4875 822.4875 856.9375 811.9375
866.8875 821.8875 867.8125 822,8125 857.2625 812.2625
867.2875 822.2875 867.8875 822.8875 857.4375 812.4375
867.7625 822.7625 868.2000 823.2000 857.7125 812.7125
867.7875 822.7875 868.2250 823.2250 857,9375 812.9375
868.175D 823.1750 869,5250 823,5250 858.2625 813.2625
868.4750 823.4750 868,6500 823.6500 858.7125 813.7125
868.6750 823,6750 968.7750 823.7750 858.9375 813,9375
868.8750 823.8750 868.8250 823.8250 859.4375 814.4375
866.1625 821,1625 868,9000 823,9000 859,9375 914.9375
866.4125 821.4125 868.9500 823,9500 860.2625 815.2625
866.6625 821.6625 868,9750 823.9750 860,7125 815.7125
868.2250 823,2250 967.0125 822.0125 866,3625 821.3625
868,6500 823.6500 866.3875 821.3875
868.9000 823.9000 866.9375 821.9375
867.5125 822.5125 866,9625 821,9625
867.3375 822.3375
867.4375 822.4375
39
867.8375 822.8375
867.8625 822,8625
868.4250 823.4250
968.4500 823.4500
866.5125 821.5125
King County King County
Fixed Mobile Fixed Mobile
154.9650 1519950 866.3975 821.3875
155.1900 154.6500 866,4875 821.4875
155,3700 155.3700 866.4875 821.4875
460.5500 465.5500 866.5500 966,5500
851.0625 806.0625 866,5750 866.5750
851.0875 '806.0875 866.6000 866.6000
851.1625 806.1625 866,6250 866.6250
851.3625 806.3625 866,6500 866.6500
851.8125 806,8125 866,9375 821.9375
851.9625 806.9625 866.9625 821.9625
852.1125 807.1125 867.3375 922.3375
852.6125 907.6125 867.4375 822.4375
852.8625 907.8625 867.4625 822.4625
853.3125 908.3125 867,6875 867.6875
853.4875 808.4875 867.6875 867.6875
853.6125 808.6125 867.7000 867.7000
854.0875 809.0875 867.7125 822,7125
854.2975 809.2875 867.8375 822,8375
855,2375 810.2375 867.8625' 822.8625
855,9875 810,9875 867.9750 822.9750
856.2375 811.2375 868,0125 823.0125
856.4625 811,4625 968.2500 823,2500
856.4875 811,4875 868.4000 823.4000
856.9625 811.9625 868.4250 923.4250
856,9875 811.9875 868.4500 823.4500
857.2375 812.2375 868.5750 823.5750
857,4625 812.4625 868.7000 823.7000
S57.4875 812.4875
958.2375 813.2375
858.4625 813.4625
858.4875 813.4875
858.9625 813,9625
859.4625 814,4625
40
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860.4625 815,4625
860,9625 815.9625
866.0125 821.0125
866.0500 866.0500
966.0750 966.0750
866.1000 866.1000
866.1250 866.1250
866.1500 866.1500
966.3625 821.3625
King
Seattle EPSCA Valleycom County
5945.20 5945.20 5974.85 5945.20
6063.80 6034.15 6004.50 5974.85
6315.84 6197.24 - 6635.00 6004.50
10715.0D 6286.19 10795.00 6093.45
10795.OD 10775.00 10835.00 6197.24
10995.OD 10795.00 11285.00 6226.89
11095.O0 10835,00 11405.00 6256.54
11215.OD 10955.D0 11525.00 6345.59
11285.00 11245.00 11565.00 6675.63
11445.OD 11285.00 6795.00
11585.00 11325.DO 6835.63
11445.00 1D715.00
10755.00
10795.D0
10915.D0
11035.00
Frequency in MHz 11075.00
11215.00
11245.00
11285.00
11405.00
11565.00
END OF EXHIBIT 3.
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41
Exhibit 4
Cost Allocation Model
For the first year of PSERN System operation, rates to be paid by each User Agency
and Dispatch Center will be computed as provided in this Exhibit 4. The PSERN
System annual operating budget and the number of public safety radios, other
radios, and consoles will be known quantities at the time the rates are computed.
Division of Budget Between Radios and Consoles
Percentage of annual budget to be paid with radio user fees=X.
Percentage of annual budget to be paid with console user fees= Y.
X= [83% of employee-related costs in the PSERN System annual operating budget
+ annual vendor costs for radio-related equipment]/PSERN System annual
operating budget x 100.
Y= [17% of employee-related costs in the PSERN System annual operating budget
+ annual vendor costs for console-related equipment]/PSERN System annual
operating budget x 100.
Public Safety and Other Radio Rates
X% of the PSERN System annual operating budget will be paid with public safety
radio rates and other radio rates combined.
The other radio rate shall be 78% of the public safety radio rate.
X% of PSERN System annual operating budget = [12 x the monthly public safety
radio rate x the number of public safety radios] + [12 x the monthly other radio rate x
the number of other radios].
Console Rates
Y% of the PSERN System annual operating budget will be paid with console rates.
Y% of PSERN System annual operating budget = 12 x the monthly console rate x
the number of consoles.
END OF EXHIBIT 4.
42
Exhibit 5
List of User Agencies Eligible for Radio Exchanges
Auburn School District Kent School District
Bellevue Comm unity.College King County
Bellevue School District King County Fire District#2
Cedar River Water and Sewer District King County Fire District#4
City of Algona King County Fire District#11
City of Auburn King County Fire District#13
City of Bellevue King County Fire District#16
City of Black Diamond King County Fire District#20
City of Bothell King County Fire District#27
City of Burien King County Fire District#28
City of Carnation King County Flre District#36
City of Clyde Hill King County Fire District#43
City of Covington King County Fire District#44
City of Des Moines King County Fire District#45
City of Duvall King County Fire District#47
City of Enumclaw King county Fire District#51
City of Federal Way King County Public Hospital District#1
City of Issaquah King County Public Hospital District#2
City of Kenmore King County Public Hospital District#4
City of Kent King County Water District#20
City of Kirkland King County Water District#49
City of Lake Forest Park King County Water District#75
City of Medina Lake Washington School District
City of Mercer Island Midway Sewer District
City of Newcastle NORCOM
City of Pacific Northeast Sammamish Sewer& Water District
City of Redmond Northshore School District
City of Renton Northshore Utility District
City of Sammamish Public Health-Seattle&King County
City of SeaTac Renton School District
City of Seattle Riverview School District
City of Shoreline Ronald Wastewater District
City of Snoqualmie Sammamish Plateau Water&Sewer District
City of Tukwila Seattle Children's Hospital
City of Woodinville Snoqualmie Nation
Covington Water District Soos Creek Water and Sewer
Eastside Fire& Rescue Sound Transit
Eastside Hazmat South Correctional Entity
Enumclaw School District South King Fire and Rescue
43
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EPSCA Tahoma School District
Federal Way Public Schools University of Washington
Harborview Medical Center Valley Communications Center
Highiine School District Valley Regional Fire Authority
Issaquah School District Valley View Sewer District
Kent Fire Authority
Seattle Public Schools
Veterans Administration
Seattle Colleges(formerly Seattle
Community College District)
Airlift Northwest
Emergency Service Patrol
Seattle Housing Authority
Washington Poison Control Center
City of Maple Valley
END OF EXHIBITS.
Ali
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Exhibit 6
Contact Information
King County: City of Kirkland:
Chief Information Officer Mayor
King County Department of City of Kirkland
Information Technology (KCIT) 123 5'h Avenue
Chinook Building Kirkland, WA 98033
401 Fifth Avenue (425) 587-3001
Seattle, WA 98104
(206) 263-7887 City of Mercer Island:
Mayor
City of Auburn: City of Mercer Island .
Mayor 9611.SE 95" Street
City of Auburn Mercer Island, WA 98040
25 West Main Street (206) 275-7993
Auburn, WA 98001
(253) 931-3041 City of Redmond:
Mayor
City of Bellevue: City of Redmond
Mayor 15670 NE 85"Street
City of Bellevue P.O. Box 97010
450 1101h Avenue NE Redmond, WA 98073
P.O. Box 90012 (425) 556-2101
Bellevue, WA 98009
(425)452-7810 City of Renton:
Mayor
City of Federal Way: City of Renton
Mayor 1055 South Grady Way
City of Federal Way Renton, WA 98057
33325 Wh Avenue South (425)430-6500
Federal Way, WA 98003
(253) 835-7000 City of Seattle:
Chief Technology Officer
City of Issaquah: City of Seattle
Mayor Department of Information
City of Issaquah Technology
130 East Sunset Way 7" Fifth Avenue, Ste. 2700
PO Box 1307 PO Box 94709
Issaquah, WA 98027 Seattle, WA 98124
(425) 837-3020 (206) 684-0600
City of Kent: City of Tukwila:
Mayor Mayor
City of Kent City of Tukwila
220 Fourth Avenue South 6200 Southcenter Blvd;
Kent, WA 98032 Tukwila, WA 98188
(253) 856-5700 (206)433-1850
I
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