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HomeMy WebLinkAboutLAG93-001 - Original - Valley Communications Center - ValleyComm Agreement - 02/11/1985 Irn V A L L E Y C 0 M A G R E E M E N T CITY CLERK THIS AGREEMENT made and first entered into this 20th day of August, 1976, by and among the undersigned municipalities, constituting municipal corporations under the laws and statutes of the State of Washington; W I T N E S S E T H: WHEREAS, ' the undersigned municipal corporations are desirous of estab- lishing and maintaining a consolidated emergency seices So manic atiand center, to be hereafter known as the "VALLEY COMMUNI WHEREAS, this Agreement and the activities described herein below are sanctioned by the provisions and terms of the "Interlocal Cooperation Act" pursuant to R.C.W. 39.34. et seq. ; and WHEREAS, the establishment of such Center will provide improved police, fire and medical aid service communications within the boundaries of the consolidated service area at a minimum cost to the participating tlocal govern- ments, together with such other governmental units as may contract with the undersigned for communications services; and WHEREAS, it is one of the objectives of said Center to provi de c onsli dated telephone, radio and alarm communications and dispatching s for participating local government units through implementation of the recommenda- tions developed by the Police Dispatching Study for South King County cities; and WHEREAS, the establishment and maintenance of such Center will ebpuof substantial benefit to the citizens of the undersigned cities andblic in general ; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: 1 .0 VALLEY COMMUNICATIONS CENTER - AUTHORITY. There is hereby established stalished a governmental agency to be hereafter known as the VALLEY COMMUNICATIONSTukwila, CENTER," initially consisting of the participating cities shall have Kent, the responsi- bility Auburnand Renton, as members thereof. for emeSaid rgency Center service communications and and authority, among others, functions incidental thereto, for the purpose of communicating and dispatching in the furtherance of public safety and emergencies within the aforementioned member cities. In addition thereto the Center may serve other municipal corporations (subscribing agencies) existing within the logical , physical service area and which are in need for such emergency service communications. Any agreement with such additional municipal entities shall be in writing and approved by the undersigned city members. 2.0 DURATION OF AGREEMENT - TERMINATION. The initial duration and thereafter Agreement shall be for a period of five years from date hereof, shall be automatically extended for consecutive two (2) year periods unless terminated by one or more of the participating cities. Any such termination shall be effective when reduced to writing and served on the other cities on or before July 1 in any one year, and thereupon such termination shall then become effective on the last day of such year. Any notice to be effective shall be in writing and time is of the essence in the giving of such notice. 3.0 ADMINISTRATION BOARD. 3.1 The affairs of the Center shall be governed by an Administration Board composed by one member from each participating city, and such member shall be the Mayor or his designee, in case of the Mayor' s disability or absence. Each Board member shall have an equal vote and voice in all Board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Administration Board. 3.2 A Presiding Officer shall be elected by its members, together with such other officers as the majority of the Board may determine. e (1 There h rehll be a minimum of two (2) meetings each year, and not less than days' notice shall be given to all members prior to any such meeting. The of each year to first meeting shall be held on the second Tuesday ofFebruary review the prior year' s service. The second meeting shall bud et to the esecond Tuesday of September of each year to review and present 9 ach participating unit. Other meetings may be held upon request of the Presiding Officer or any two members. 4.0 OPERATING BOARD. 4.1 There is further established an Operating Board which shall consist of two (2) members of each participating city' s Public Safety Department( s) , including the head of such Department(s) and/or their designee(s). Each Board member shall have an equal vote in all Board decisions. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operating Board. 4.2 The Board shall elect a Presiding Officer from its members and shall likewise determine the time and place of its meetings; at least one (1 ) regular meeting shall be held each month at a time and place designated by the - 2 - Presiding Officer or a majority of its members. Special meetings may be called by the Presiding Officer or any two (2) members upon not less than seven (7) days' prior written notice. 5.0 CENTER DIRECTOR. Not later than sixty (60) days after execution of this Agreement, the Operating Board shall recommend to the Administration Board a person to act as the Center Director. Such Director shall be responsible to the Operating Board, shall advise same from time to time on a proposed budget and other appropriate means in order to fully implement the purposes of this Agreement. The Director shall administer the program in its day-to-day opera- tions consistent with the policies adopted by the Administration Board. Such Director shall also act as the Finance Officer of the Center and all disburse- ments shall have the prior written approval of the Operating Board. Such Director shall have experience in technical , financial and. administrative fields and such appointment shall be on the basis of merit only. 6.0 PERSONNEL POLICY. 6.1 The Operating Board shall submit to the Administration Board, within sixty (60) days after execution hereof, a proposed personnel policy for said Center for its approval , rejection or modification. All of such modifi- cations or revisions shall have the final approval of the Administration Board. 6.2 Such personnel policy shall provide for the initial appointment to the Center's staff from the personnel presently permanently appointed or assigned as dispatchers in the participating cities. Additional and subse- quent employees, with the exception of the Center's Director, shall be appointed by the Director upon meeting the qualifications established by the Operating Board and adopted by the Administration Board. None of such employees shall be Commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement System, as provided by law. 7.0 BUDGET. 7.1 The Director shall present a proposed budget to the Operating Board on or before August 15 of each year, which said budget shall then be presented to the Administration Board not later than September 1 of such year. Thereafter the participating local entities shall be advised of the programs and objectives as contained in said proposed budget, and of the required financial participation for the ensuing year. No funds shall be expended by such Center until proper funds have been appropriated by each participating city in its annual budget, and as otherwise provided by law. The allocation of prorated financial participation among local governments shall be the percentage of dispatched calls attributed to each jurisdiction compared to the total dispatched calls. The percentages shall be applied to - 3 - the current approved budget less revenue from outside sources. Upon approval of each participating entity of its budgetary allocation for the Center's operation in the ensuing year, and verification thereof to said Center, the Administration Board shall , after public hearing as provided by law, adopt its final budget for the ensuing year. Participating local entities shall be billed bimonthly and payments made on or about the first day of February, April , June, August, October and December of each year. 7.2 Each city shall be responsible to provide the necessary funding as may be determined by its respective City Council as provided by law. There shall be no obligation or expenditure incurred by the Centeorits Boards at any time until proper funding has been appropriated by theLegislative of each participating city. 8.0 CONTRACTS AND SUPPORT SERVICES. The Administration Board shall contract with the appropriate local government for the use of space for its operations, and for staff and auxiliary services including but not limited to records, payroll , accounting, purchasing and data processing. 9.0 POLICY AND SYSTEM EVALUATION. The Director shall actively and continu- ously consider and evaluate all means and opportunities toward the enhancement of operational effectiveness of emergency services so as to provide maximum and ultimate benefits to the members of the general public. Such recommenda- tion shall be presented by the Director to the Operating Board from time to time. Any change or deviation from established policy shall have the prior approval of the Administration Board. 10.0 ADDITIONAL SERVICE AUTHORIZED. The Administration Board shall evaluate and determine the propriety of including additional communications and dispatching services for local governments, whenever so requested, and shall determine the means of providing such services, together with its costs and effects. These additional services may include, but shall not be limited to the following: allowance for public and private buildings, communications and dispatching operations and functions incidental thereto. 11 .0 INVENTORY AND PROPERTY. 11 .1 Equipment and furnishing for the Center' s operation shall , to the extent that the Center determines it to be practical and efficient, be composed of those items temporarily assigned by the participating munici- palities. In each instance title to same shall rest with the respective local entity unless such equipment is otherwise acquired by the Center as provided by law. 11 .2 The Director shall , at the time of preparing the proposed budget for the ensuing year, submit to the Operating Board a complete inventory - 4 - - together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to the Center. In case of dissolution of the Center, such assigned or loaned items shall be returned to the lending govern- mental entity and all other items, or funds derived from the sale thereof, shall be refunded and distributed to those governmental agencies in proportion to their financial participation averaged over the preceding three year period. 12.0 LOCAL CONTROL AND INTERCONNECT. Each local government shall retain the responsibility and authority for its operational departments, and for such equipment and services as are required at its place of operation to inter- connect to the' Center' s operations. Interconnecting equipment and services may be provided for in the Center' s budget and operational program. 13.0 DISPATCH FACILITY FINANCING AND CONSTRUCTION. 13.1 In order to provide necessary services for itself and for subscribers, it is advisable that Valley Com construct a dispatch facility. The parties to this interlocal agreement agree that the participating cities shall contribute to the financing of the development of the dispatch facility in proportion to their share in Valley Com, as follows: Renton: $245,533 Kent: 222,609 Auburn: 203,621 Tukwila: 100,112 Total : $771 ,875 13.2 The Administration Board shall authorize, and the Chairperson of the Administration Board shall execute, contracts for the development of the Valley Com Dispatch Center. Such contracts shall include, but not be limited to, contracts for architectual , design, and project management services; real estate acquisition; engineering; and construction. 13.3 The financing of the property acquisition and construction of the facility shall be by loans from the individual , participating cities to Valley Com, and shall be evidenced by a promissory note from Valley Com to the individual , participating cities. The promissory note shall be for a ten-year period. Interest costs shall be determined by the ten-year general obligation bond index on the dates the monies are advanced, with repayment to be made in quarterly installments. Such quarterly installments shall include principle and interest. The notes shall be signed by the Chairperson of the Administration Board. 13.4 Payments on the promissory notes shall be from rates and charges. Valley Com shall establish a rate structure to the participating cities and subscribing agencies in an amount necessary to finance the operation of Valley Com and repayment of the loans. - 5 - 13.5 Should any of the four cities loaning monies for purposes of this section withdraw from Valley Com before the expiration of the ten-year period for repayment of the notes, then that city's rights shall be limited to the amounts remaining to be owed on the promissory note. The withdrawing city shall further forfeit any and all rights it may have to the property of Valley Com, or any ownership interest in Valley Com, notwithstanding any other provision of this agreement to the contrary. 13.6 Should withdrawal of any of the cities loaning funds hereunder cause the continued operation of Valley Com to be uneconomical , or otherwise cause the dissolution of Valley Com within twelve (12) months of such withdrawal , then each participating city shall retain an ownership interest in Valley Com equal to its share of the funds loaned for the development of the dispatch facility. The percentage of ownership shall be determined by dividing that city's loan to the development fund established herein by the total contribution by the four cities. Valley Com shall then be liquidated as provided by State law and the proceeds from that liquidation distributed to each city in proportion to its percentage ownership in Valley Com. 13.7 Should Valley Com, due to unforeseen circumstances, be unable to pay both its operating expenses and payments on the notes given by Valley Com to secure the loans hereunder, and the legislative authorities of the four cities decide that Valley Com should still continue, then the funds of Valley Com should be dedicated first to the operating expenses of Valley Com, and after those operating expenses have been met, then and only then should monies be paid on the notes. Such a determination shall require the unanimous approval of the four cities. 14.0 LEGAL ASSISTANCE. The participating municipal entities agree to furnish legal assistance, from time to time, on a rotating basis, annually. The Administration Board may contract with the City Attorney of a participating city. 15.0 E911 PARTICIPATION. The Center may implement or contract for implementation of an E911 System for use within the area served, insofar as is practical . 16.0 INTERGOVERNMENTAL COOPERATION. The Center shall cooperate with local , State and Federal governmental agencies according to guidelines of the Police Dispatching Study in order to maximize the utilization of grant funds for equipment and operations. 17.0 FILING OF AGREEMENT. Upon execution hereof, this Agreement shall be filed, prior to its effective date, with the City Clerks of the respective participating municipal entities, the Office of Director of Records and - 6 - Elections of King County, the Secretary of State, and such other governmental agencies as may be provided by law. 18.0 SEVERABILITY. If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by any court of competent jurisdiction, such adjudication shall not effect the validity of any remaining section, part or provision of this Agreement. 19.0 EXECUTION. This Agreement, or amendments hereto, shall be executed on behalf of each participating city by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance of each participating city. The Agreement, or any amendment, shall be deemed adopted upon the date of execution by the last so authorized representative. IN WITNESS WHEREOF the undersigned hereby affix their hands and seals. CITY OF DENT, WASHINGTON CITY OF TUKWILA, WASHINGTON BY v` y Date Date CITY OF URN, WASH TON CITY OF RENTON, WASHINGTON Date Date /��S 616L-5L - 7 -