HomeMy WebLinkAboutLAG93-001 - Amendment - Addendum - Valley Communications Center - Valley Com Agreement - 06/16/1993 CAG-76-053, Adden. #4-93
ADDENDUM - VALLEY COM AGREEMENT
THIS AGREEMENT made and first entered into the kX day of
, 1993 , by and among the undersigned
muni palities, constituting municipal corporations under the laws
and statutes of the State of Washington;
WITNESSETH•
WHEREAS the participating cities of Auburn, Kent, Renton, and
Tukwila entered into an interlocal agreement on August 20th, 1976,
and modified said agreement on February 11, 1985, (known hereafter
as the Valley Com Agreement) to establish a public safety and
emergency services communication center known as the Valley
Communications Center; and
WHEREAS the participating cities desire to modify their
agreement to expressly state that the Center is authorized to
acquire, hold, and dispose of real property pursuant to RCW
39 . 34 . 030 (4) (b) ; and
WHEREAS the participating cities desire to expressly state the
powers held by the Center pursuant to RCW 39 . 34 . 030 (3) (b) ;
NOW THEREFORE, by mutual consent of the parties thereto, the Valley
Com Agreement is hereby MODIFIED as follows:
I.
Section 1. 0, VALLEY COMMUNICATIONS CENTER-AUTHORITY, is hereby
modified as follows:
1. 0. VALLEY COMMUNICATIONS CENTER-AUTHORITY. There is hereby
established a governmental administrative agency pursuant to RCW
39. 34 . 030 (3) (b) to be hereafter known as the "VALLEY COMMUNICATIONS
CENTER, " initially consisting of the participating cities of Kent,
Tukwila, Auburn and Renton, as members thereof. Said Center 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 Center may serve other municipal
corporations (subscribing agencies) existing within the logical,
physical service area and which are in need for emergency service
communications. The Center shall be governed by the Administration
Board, and the Center' s powers shall include, but not be limited to
the powers listed below.
a. Recommend action to the legislative bodies of the
participating members;
b. Review and approve budget expenditures;
c. Approve or disapprove budget expenditures recommended by
the Center Director and Operations Board;
d. Establish policies for expenditures of budget items for
the Center;
e. Review and adopt a personnel policy for the Valley Com
Center;
f. Establish a fund or special fund or funds as authorized
by RCW 39 . 34 . 030 for the operation of the Valley Com
Center;
cf. Conduct regular meetings as may be designated by the
Administration Board;
h. Determine what services shall be offered and under what
terms they shall be offered;
i. Enter into agreements with third parties for goods and
services necessary to fully implement the purposes of
this Agreement.
i Establish rates for services provided to other members,
subscribers or participating agencies;
k. Direct and supervise the activities of the operations
board and the Center Director;
1 . Incur debt in the name of the Center to make purchases or
contract for services necessary to fully implement the
purposes of this Agreement;
M. Enter into agreements with and receive and distribute
funds from any federal state or local agencies;
n. Receive all funds allocated to the Center from its
members;
o. Reimburse the Center' s original participating members for
their respective contributions for the financing of the
Valley Communications Center dispatch facility together
with interest assessed quarterly thereon at 8 . 750.
P-- To purchase take receive lease take by gift, or
otherwise ac uire own hold improve, use and otherwise
deal in and with real or personal property, or an
interest therein in the name of the Valley
Communications Center.
g_ To sell convey, mortgage pledge, lease exchange,
transfer and otherwise dispose of all of its property and
assets.
r. To sue and be sued complain and defend in all courts of
competent jurisdiction in the Center' s name;
s. To make and alter bylaws for the administration and
regulation of its affairs;_
t. Enter into contracts with future participating members
and subscribers to provide communications services.
U. To hold radio frequency licenses to enable the Center to
operate radio communications and dispatch systems to meet
its public safety responsibilities.
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II .
Section 3 . 0, ADMINISTRATION BOARD, is hereby modified as follows:
3 . 3 The Administration Board shall be authorized to establish
bylaws which govern the general operations policies of
the Center.
III .
Section 11. 0, INVENTORY AND PROPERTY, is hereby modified as
follows:
11 . 3 Ownership of Real Property
Title to real property purchased or otherwise acquired
shall be held in the name of the Valley Communications
Center; provided however, that for valuable consideration
received, the Center may convey ownership of any real
property as may be approved by a majority of the
Administration Board.
11. 4 Method of Termination and Disposal of Real Property Upon
Termination.
This Agreement shall remain in full force and effect from
the date of the Agreement until terminated as set forth
in Section 13 or upon agreement of at least a mai ority of
all participating members Upon termination of this
Agreement all real property acquired during the life of
the Agreement shall be disposed of in the following
manner•
a. All real and personal property purchased pursuant
to this agreement shall be distributed based on the
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Percentage of the total annual charges assessed by
the Administration Board during the period of this
Agreement and paid by each participating member;
b. All unexpended funds or reserve funds shall be
distributed based on the percentage of total annual
charges assessed by the Administration Board during
the period of this Agreement and paid by each
participating member.
IV.
Section 20. 0, a new section, is added as follows:
20 . 0 Hold Harmless
The parties to this Agreement shall defend indemnify and
save one another harmless from any and all claims arising
out of the performance of this Agreement except to the
extent that the harm complained of arises from the sole
negligence of one of the participating members. Any loss
or liability resulting from the negligent acts errors or
omissions of the Administration Board Operation Board,
Center Director and or staff, while acting within the
scope of their authority under this Agreement shall be
borne by the Valley Communications Center exclusively.
All other provisions in the Valley Com Agreement shall remain in
full force and effect except as expressly modified by this
document.
In the event of any inconsistencies between the terms of this
addendum and the Valley Com Agreement, this addendum shall be the
controlling document.
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IN WITNESS WHEREOF the parties hereto have caused this
Agreement to be executed by action of their authorized
representatives on this lk;6G day of 1993 .
CITY K T, WASHINGTON CITY OF TUKWILA, WASHINGTON
B �•
BY Y
DATE --`) i DATE 9.7
CITY OF AUBURN, ASHINGTON Y OF RENTON, WASHINGTON
BY BY
10 Lo
DATE / / ___) DATE
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APPROVED AS TO FORM:
R
BY
11
O A. LUBOVICH
CITY ATTORNEY,
KENT
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