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HomeMy WebLinkAboutLAG93-001 - Original - South King County Public Safety Communications Agency - ValleyCom Agreement - 08/20/1976 A G R E E M E N T THIS AGREEMENT made and entered into this day of 1976, t.. by and among the undersigned municipalities, constituting municipal corporations under the laws and statutes of the State of Washington; i V W I T N E S S E T H: v WHEREAS the undersigned municipal corporations are desirous of establishing and maintaining a consolidated emergency services communication center, to be hereafter known as the "SOUTH ICING COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY" , and , WHEREAS this Agreement and the activities described hereinbelow 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 Agency 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 local governments, together with such other governmental units as may hereafter contract with the undersigned for communications services, and WHEREAS it is one of the objectives of said Agency to provide consolidated telephone, radio and alarm communications and dispatching services for participating local government units through implementation of the recommendations developed by the Police Dispatching Study for South King County cities , and WHEREAS the establishment and maintenance of such Agency will be of substantial benefit to the citizens of the undersigned cities and the public in general , NOW THEREFORE, it is hereby agreed and covenanted among the -1 - undersigned as follows: 1 . There is hereby established a governmental agency to be hereafter known as the "SOUTH KING COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY" , initially consisting of the cities of Kent, Tukwila, Auburn and Renton, as members thereof. Said Agency shall have the responsibility and authority, among others, for emergency service communications and 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 Agency may serve other municipal corporations 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. The initial duration of this Agreement shall be for a period Of 5 years from date hereof, and thereafter 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 `��1;� in any one year, and thereupon such termination shall then b6come 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. The affairs of the Agency 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 Pules of Order shall govern all procedural matters relating to the business of the Administration Board. A Presiding Officer shall be elected by its members, together with such other officers as the majority of the Board may determine. There shall be a minimum of two (2) meetings each year, and not less than fifteen (15) days' notice shall be given to all members prior to any such meeting. The first meeting shall be held on the second Tuesday of February of each year to review the prior year' s service. The second meeting shall be on the second Tuesday of J;XIlly of each year to review and present a budget to each participating unit. Other meetings may be held upon request of the Presiding Officer or any two members. 4. 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. 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 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. 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 Agency 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 operations consistent with the policies adopted by the Administration Board. Such Director shall also act as the Finance Officer of the Agency and all disbursements 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. -3- 6. The Operating Board shall submit to the Administration Board , within sixty (60) days after execution hereof, a proposed personnel policy for said Agency for its approval , rejection or modification. All of such modifications or revisions shall have the final approval of the Administration Board. Such personnel policy shall provide for the initial appointment to the Agency' s staff from the personnel presently permanently appointed or assigned as dispatchers in the participating cities. Additional and subsequent employees, with the exception of the Agency' 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. The Director shall present a proposed budget to the Operating l' Board on or before (,w of each year, which said budget shall then be presented to the Administration Board not later than 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 Agency 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 based 50% on the population within the cities, and such population to be as determined by the State Census Bureau for the then current year. The remaining 50% allocation shall be based prorata on the assessed valuation within each city as finally certified to by the King Couty Assessor for each ensuing year. Upon approval of each participating entity of its budgetary allocation for the Agency' s operation in the ensuing year, and verification thereof to said Agency, the Administration Board shall , -4- .;j after public hearing as provided by law, adopt its final budget for, J1a% ',-,� the ensuing year. Participating local entities shall be billed-monthly' and payments made on or about the first day of February, April , June, August, October and December of each year. 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 Agency or its Bcards at any time until proper funding has been appropriated by the Legislative Body of each participating city. S. The Administration Board shall contract with the appropriate local government for the use of space for its operations, and f r staff and auxiliary services including but not limited to , rdcords, payroll , accounting, purchasing and data processing. 9. The Director shall actively and continuously 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 recommendation 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. 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 by limited to the following: allowance for public and private buildings, communications and dispatching operations and functions incidental thereto. -5- 11 . Equipment and furnishing for the Agency' s operation shall , to the extent that the Agency determines it to be practical and efficient, be composed of those items temporarily assigned by the participating municipalities. In each instance title to same shall rest with the respective local entity unless such equipment is otherwise acquired by the Agency as provided by law. The Director shall , at the time of preparing the proposed budget for the ensuing year, submit to the Operating Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to the Agency. In case of dis- solution of the Agency, such assigned or loaned items shall be returned to the lending governmental 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. 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 interconnect to the Agency' s operations. Interconnecting equipment and services may be provided for in the Agency' s budget and operational program. 13. Prior to permanent staffing and implementation of the Agency' s operations, but not later than January 1 ,1977, staff and advisory services to the Agency shall be provided by the participating local governments on a voluntary basis. Insofar as is practical , however, the agency shall endeavor to be fully operational and self sufficient on or about January 1 , 1977, or as soon thereafter as possible. 14. The participating municipal entities agree to furnish legal assistance, from time to time, on a rotating basis , annually. -6- 15. The Agency may, with the cooperation of Pacific Northwest Bell Telephone Company, implement the 911 Emergency Telephone System for use within the area served, insofar as is practical . 16. The Agency 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. Upon execution hereof, this Agreement shall be filed, prior to its effective date, with the City Clerks of the respective participa- ting municipal entities, the Office of Director of Records and Elections of King County, the Secretary of State, and such other governmental agencies as may be provided by law. 18. 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. This Agreement shall be executed on behalf of each participating city by its duly authorized representative and pursuant to an appropriate resolution or ordinance of each local participant. It shall be deemed adopted upon the date of execution by the last so authorized representative. 20. This Agreement may be modified, amended or altered by agreement of all the participating local entities and shall become effective when reduced to writing and executed by them. -7- IN WITNESS WHEREOF the undersigned hereby affix their hands and seals the day and year first above written. CITY OF_,KENT, WASHINGTQN CITY OF TUKWILA�,�WASHINGTON . 4 By. By -� By— CITYjVf,AUBURN, WASHINGTON CITY OF RENTON ASRINGTON B By -8-