HomeMy WebLinkAbout93-200 - Valley Communications Center - Police and Fire Joint DispatchVALLEY COM
AGREEMENT
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;
WITNESSETH:
WHEREAS,the undersigned municipal corporations are desirous of estab-
lishing and maintaining a consolidated emergency services communication
center, to be hereafter known as the "VALLEY COMMUNICATIONS CENTER;" and
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 local govern-
ments, 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 Center to provide consoli-
dated telephone, radio and alarm communications and dispatching services 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 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 undersigned
as follows:
1.0 VALLEY COMMUNICATIONS CENTER - AUTHORITY. There is hereby established a
governmental agency 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 responsi-
bility 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
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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 of this
Agreement shall be for a period of five 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 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
shall be the Mayor or his designee, in
absence. Each Board member shall have
decisions. Unless otherwise provided,
govern all procedural matters relating
Board.
participating city, and such member
case of the Mayor's disability or
an equal vote and voice in all Board
Roberts Revised Rules of Order shall
to the business of the Administration
3.2 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 September 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.
4.0 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 Deprtments) 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
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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
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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 Center or its Boards at
any time until proper funding has been appropriated by the Legislative Body 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
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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.
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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
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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 NT, WASHINGTON
By
Date .2/// of
CITY OF A04: , WASH INET
By td�'/fr- /
Date y/141.5.
616L -5L
-7
CITY OF TUKWILA, WASHINGTON
Date •7/p�s-
CITY OF RENTON, WASHINGTON
By UGitt?i h i) . XL pc
Date 2/0S"
CITY OF TUKWILA
WASHINGTON �}
RESOLUTION NO
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
AN INTERLOCAL AGREEMENT TO PROVIDE A JOINT
DISPATCH SERVICE FOR THE POLICE AND FIRE
DEPARTMENTS
WHEREAS, Resolution No. 535 authorized the Mayor to
negotiate an Interlocal Agreement with the Cities of Auburn, Renton
and Kent to provide for dispatching of emergency services;
NOW, THEREFORE, the City Council of the City of Tukwila,
Washington, does resolve as follows:
The Mayor is authorized to execute an Interlocal
Agreement with the Cities of Auburn, Renton and
Kent that is identical to or essentially the same
as the one attached herein as a reference.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a regular meeting thereof this / dr day of
C&(/ -r -t-4_1 , 1976.
ATTEST:
y Clerk Pro Tem
,z/.4./e/
Mayor
�
//S7) /974
ate Approved
City of Tukwila
Washington
Resolution No. / Z 6.0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AUTHORIZING THE
EXECUTION OF AN ADDENDUM TO THE EXISTING
VALLEY COMMUNICATIONS CENTER (VALLEY
COM) INTERLOCAL AGREEMENT, TO EXPRESSLY
STATE THAT THE CENTER IS AUTHORIZED TO
ACQUIRE, HOLD AND DISPOSE OF REAL PROPERTY
PURSUANT TO RCW SECTION 39.34.030(4)(b) AND TO
EXPRESSLY STATE THE POWERS EXERCISED BY
VALLEY COM PURSUANT TO RCW SECTION
39.34.030(3)(b).
WHEREAS, the participating cities of Auburn, Kent, Renton and Tukwila entered
into an interlocal agreement on August 20, 1976, and modified said agreement on
February 11, 1985 (known hereafter as the Valley Com Agreement) to establish a public
safety and emergency services communications center known as the Valley
Communications Center; and
WHEREAS, the participating cities, in furtherance of their goal of providing
comprehensive and efficient public safety and emergency services to their respective
communities, supported the development of an 800 MHz Trunked Radio System and a
Mobile Data Terminal System; and
WHEREAS, the benefits of the 800 MHz Trunked Radio System and Mobile Data
Terminal System were intended to be expanded to a sub -regional level to integrate
emergency police and fire communications for daily as well as disaster interaction; and
WHEREAS, in 1992, a county -wide levy was passed to support the regional
development of an integrated, emergency radio communications network, which levy
included the provision of funds to Valley Com as a sub -regional component of the
regional network; and
WHEREAS, before Valley Com is eligible to receive the levy funds from King
County, some modifications to the Valley Com interlocal agreement must be made;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. That Valley Communications Center (Valley Com) is hereby authorized
to acquire, hold and dispose of real property pursuant to RCW Section 39.34.030(4)(b)
and to exercise certain powers pursuant to RCW Section 39.34.030(3)(b).
Section 2. That the City Council approves the modifications set forth in the
Addendum (attached hereto as Exhibit A) to the Valley Com Agreement and grant
Valley Com the authority outlined in Section 1 and thereby ensure that Valley Com is
eligible to receive levy proceeds directly from King County.
Section 3. That the Mayor of the City of Tukwila, as a voting member of the
Administrative Board of Valley Com, be authorized to execute the Addendum to the
Valley Com Agreement on behalf of the City of Tukwila.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this J day of �..c.�2.� ,1993.
ATTEST/AUTHENTICATED:
E. Cantu, City Clerk
APPROVED AS TO FORM:
By:p,
Office of the City Attorney
Filed with the City Clerk: 6 - 3 - 9 3
Steve Lawrence, Council President
Passed by the City Council: 6 - 7 -13
Resolution Number / 4
411 LAU-063-?6
AMENDMENT TO INTER LOCAL AGREEMENT ESTABLISHING THE SOUTH KING COUNTY
PUBLIC SAFETY COMMUNICATIONS AGENCY
WHEREAS by agreement dated 20th day of August
1976, the undersigned municipal corporation entered into a inter local
cooperation agreement pursuant to RCW 39.34, and
WHEREAS the agreement created an agency known as the South
King County Public Safety Communications Agency, and
WHEREAS the agreement provided for amendments and modifica-
tions in writing of said agreement, and
WHEREAS it has become necessary to amend said agreement to
provide for compliance with the Washington State Criminal Records
Privacy Act (Chapter 314, Laws of 1977, First Extra Session), NOW,
THEREFORE
IT IS HEREBY
AGREED that the inter local agreement establishing the South
King County Public Safety Communications Agency be and the same here-
by is amended as follows:
1. There is hereby added a new Section 17 which shall read
as follows:
"The South King County Public Safety Communications
Agency shall bear full responsibility for insuring
that the law enforcement data communications network
and any Criminal History Records Information receiv-
ed by means of such network shall be used solely for
the purposes of the due administration of the crimi-
nal laws or for the'purposes enumerated in RCW 43.43.
760(3) and Chapter 314, Laws of 1977, First Extra
Session, as now or hereafter amended. The South King
County Public Safety Communications Agency shall es-
tablish rules and regulations governing access to,
security for, and operation of the data communications
network and any Criminal Justice Records Information
received by means of such network.
M.
"Such rules and regulations shall be consistent with
the provisions and requirements of Chapter 43.43 RCW,
and Chapter 314, Laws of 1977, First Extra Session,
as the same now exists or may hereafter be amended."
2. Sections 17, 18, 19 and 20 of the agreement shall be re-
numbered Sections 18, 19, 20 and 21 respectively.
IN WITNESS WHEREOF the undersigned hereby affix their hands
and seals this 1st day 'of July, 1978.
CITY OF KENT, WASHINGTON
;17/7/2,/
Isabel K. Hogan
Mayor
CITY OF AUBURN, WASHINGTON
CITY OF TUKWILA, WASHINGTON
Pi zilzee-/
Edgar D j/Bauch
Mayor
CITY OF RENTON, WASHINGTON
ATTEST:
- 2 -
Mayor
.4,1
o ieaCity Clerk
SECOND AMENDMENT TO INTERLOCAL AGREEMENT ESTABLISHING THE
SOUTH KING COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY
WHEREAS BY AGREEMENT DATED AUGUST 20, 197b, THE UNDERSIGNED
MUNICIPAL CORPORATIONS ENTERED INTO AN INTERLOCAL COOPERATION AGREE-
MENT PURSUANT TO RCW 39.34, AND
WHEREAS THE AGREEMENT CREATED AN AGENCY KNOWN AS THE SOUTH
KING COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY, AND
WHEREAS THE AGREEMENT PROVIDED FOR AMENDMENTS AND MODIFICA-
TIONS IN WRITING TO SAID AGREEMENT, AND
WHEREAS THE AGREEMENT WAS AMENDED ON JULY 1, 1978 TO PROVIDE
FOR COMPLIANCE WITH THE WASHINGTON STATE CRIMINAL RECORDS PRIVACY
ACT, AND
WHEREAS IT HAS BEEN DETERMINED THAT FURTHER AMENDMENT OF THE
AGREEMENT IS DESIRED, SPECIFICALLY TO CHANGE THE NAME OF THE AGENCY
FROM SOUTH KING COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY TO VALLEY
COMMUNICATIONS CENTER, AND FURTHER TO CHANGE THE FORMULA FOR DETER-
MINING IIIE AMOUNT OF FINANCIAL PARTICIPATION BY THE LOCAL GOVERN-
MENTS COMPRISING THE CENTER, NOW, THEREFORE IT IS HEREBY
AGREED THAT THE INTERLOCAL AGREEMENT ORIGINALLY ENTERED INTO
AUGUST 20, 1976 AND PREVIOUSLY AMENDED JULY 1, 1978 BE AND THE
SAME HEREBY IS FURTHER AMENDED AS FOLLOWS:
1 THE NAME OF THE AGENCY SHALL BE CHANGED FROM
SOUTH KING COUNTY PUBLIC SAFETY COMMUNICATIONS
AGENCY TO VALLEY COMMUNICATIONS CENTER.
2. SECTION 7 OF THE AGREEMENT, RELATING TO BUDGET
AND FINANCIAL PARTICIPATION, SHALL BE AMENDED
TO READ AS FOLLOWS:
ft
THE DIRECTOR SHALL PRESENT A PROPOSED BUDGET
TO THE OPERATING BOARD ON OR BEFORE AUGUST 15
OF EACI-I YEAR, WHICH SAID BUDGET SHALL THEN BE
PRESENTED TO THE ADMINISTRATION BOARD NOT LAT-
ER THAN SEPTEMBER 1 OF SUCH YEAR. THEREAFTER
THE PARTICIPATING LOCAL ENTITIES SHALL BE AD-
VISED ON THE PROGRAMS AND OBJECTIVES AS CON-
TAINED IN SAID PROPOSED BUDGET, AND OF THE RE-
QUIRED FINANCIAL PARTICIPATION FOR THE ENSUING
YEAR. NO FUNDS SHALL BE EXPENDED FOR SUCH CENTER
UNTIL PROPER FUNDS HAVE BEEN APPROPRIATED BY
EACH PARTICIPATING CITY EN ITS ANNUAL BUD-
GET, AND AS OTHERWISE PROVIDED BY LAW. THE
ALLOCATION OF PRORATED FINANCIAL PARTICI-
PATION AMONG LOCAL GOVERNMENTS SI -TALL BE
THE PERCENTAGE OF DISPATCHED CALLS ATTRIB-
UTED TO EACH JURISDICTION COMPARED TO THE
TOTAL DISPATCHED CALLS. THE PERCENTAGE SHALL
BE APPI IED TO THE CURRENT APPROVED BUDGET
LESS REVENUE FROM OUTSIDE SOURCES. UPON AP-
PROVAL OF EACH PARTICIPATING ENTITY OF ITS
BUDGETARY ALLOCATION FOR THE CENTER'S OPER-
ATION IN THE ENSUING YEAR, THE VERIFICATION
THEREOF TO SAID CENTER, THE ADMINISTRATION
BOARD SHALL, AFTER PUBLIC HEARING AS PROVID-
ED BY LAW, ADOPT ITS FINAL BUDGET FOR THE
ENSUING YEAR. PARTICIPATING LOCAL ENTITIES
SHALL BE BILLED BIMONTHLY AND THE 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 CENTER OR ITS
BOARDS AT ANY TIME UNTIL PROPER FUNDING HAS
BEEN APPROPRIATED BY THE LEGISLATIVE BODY OF
EACH PARTICIPATING CITY."
IN 'WITNESS WHEREOF THE UNDERSIGNED HEREBY AFFIX THEIR HANDS
AND SEALS THIS 21st DAY OF MARCH 1980.
CITY OF KENT, WASHINGTON
(..' G.. `: _
' I SABEL K. HOGAN, ,NYAYOR
CITY OF TUKWILA, WASHINGTON
l FRANK TODD, MAYOR
CITY OF AUBURN, WASHINGTON CITY OF RENTON, WASHINGTON
STANLEY P. KERSEY, MAYOR
a�A*o-kms - • S. %%-‘-rti p o c..k..
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BARBARA Y. SHINPOCH, MAYOR
b-76-053, Adden. #4-93
ADDENDUM - VALLEY COM AGREEMENT
THIS AGREEMENT made and first entered into the /A,r4- day of
, 1993, by and among the undersigned
mun ipalities, 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;
g_ 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.
j 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 8.75%.
p_ To purchase, take, receive, leaser take by gift, or
otherwise acquire, own, hold, improve, use and otherwise
deal in and with real or personal property, or any_
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.
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 majority 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
4
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.
5
IN WITNESS WHEREOF the parties hereto have caused this
Agreement to be executed by action of their authorized
representatives on this /61X day of
CI
BY
0 KENT, WASHINGTON
DATE `**--5's--- 6
CITY 0 AUBURN ASHINGTON
BY
DATE o 9- !
APPROVED AS TO FORM:
BY
ROG ' A. UBOVI
CITY ATTORN , CITY OF KENT
6
, 1993.
CITY OF TUKWILA, WASHINGTON
BY
tx)
DATE
BY
‘-/ V-93
OF RENTON, WASHINGTON
DATE �O
qNDUM - VALLE C COM AGREEMENT
EXHIBF .,
THIS AGREEMENT made and first entered into the day of
1993, by and among the undersigned
municipalities, 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
agreements to expressly state that the Center is authorized to
acquire, lhold, and dispose of real property pursuant to RCW
39.34.030;(4) (b) ; and
WHEREAS the participating cities desire to expressly state the
powers heed by the Center pursuant to RCW 39.34.030(3)(b);
NOW THERE'ORE, by mutual consent of the parties thereto, the Valley
Com Agree:ent is hereby MODIFIED as follows:
I.
Section 11.0, VALLEY COMMUNICATIONS CENTER -AUTHORITY, is hereby
modified as follows;
1.0. VALLEY COMMUNICATIONS CENTER -AUTHORITY. There. is hereby
establish.d a governmental administrative agency pursuant to RCca
39.34.030 3) (b) to be hereafter known as the "VALLEY COMMUNICATIONS
CENTER," iinitially 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 c mmu-nications and functions incidental thereto, for the
purpose o communicating and dispatching in the furtherance of
public sa ety 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
communicakions. The Center shall be governed by the A ministration,
Board, and the Center's powers shall include, but not he limited to
the powers' listed below.
,.� (Recommend action to the legislative bodies of the
par1ipating members;
--Review and approve budget expenditures;
c. 'ipproVe-or disapprove budget expenditures recomjended by
the Center Director and Operations Board;
d_ establish policies for expenditu es of budget items fob
the Center;
1
Review an' dopt: a personnel poldcv for the valley Cote
Center;
Establish a fund or special fund or funds as authorized
RCW 3•.34.030 for th- o•erat'. of th- Valle Com Center;
q. Conduct regular meetings as may be designated by the
Administration Board;
h. Determine what services shall be offered and unser what
temp they shall be offered;
i. Enter into agreements with third parties for goods and
servIsces necessary -to fully implement the purposes of this
Agreement.
j. establish rates for services providecL to other members,
subscribers or participating agencies;
h 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 S.he
purposes of this Agreement;
m. s er into a•reements w.th and receive and distribute
funds :from any federal state or local agen_ cies;
n. Receive all funds allocated to the Center from its
members;
o. Reimburse the Center's oriainal participating members for
their respective contributions for the financing of the Valley_
SQ3nmtini.cations Center dispatch facility together with interest
assessed quarterly thereon at 8.75%.
ro purchase, take, receive, lease, take by gift, or
otherwise acquire own, hold, improve, use and otherwise deal
in and with real" or personal property. or any ixterest
therein, in the name of the Valley Communications Center.
To sell Convey. mortgage, pledge lease exchancre
transfer and otherwise dispose of. all of i.ts property and
ssets.
r. !To sue and -be sued, complain and defend, in all courts of
competent lurisdictjon in the Center's name-
s. go make and alter bylaws for the administration and
regulation of its affairs;
•t. R.nter into contracts with future participating members
and subscribers to provide communications services,
u. To hold radio frequency licenses to enable the Cgnter to
operate radio communications and dispatch systems to meet its
pubLic• safely responsibilities,
2
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 genYral operations policies of the
Center.
Section 111.0, INVENTORY AND PROPERTY, is hereby modified as
follows!
1
11.3 9wnrship 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 tenter may convey ownexshiof 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.
Thi$: Agreement shall remain in full force and effect from the
date of the Agreement until terminated as set forth in Section
13 U.>~ upon agreement of at least a ma'orit of all
participating members. Upon termination of this Agreement,
all keal property acquired during the fife of the Agreement
shall be disposed of in the following manner:
p, All real and personal property purchased pursuant to this
agreement shall be distributed based on the percentage of the
total annual charges- assessed by the Administration Board
durihq the period of this Agreement and paid by each
partlicipating member_;
All unexpended funds or reserve funds shall be
distributed based_on the percentage of total annual charges
asse,sed 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:
20.0IHold Harmless
The parties to this Agreement shall def_end, indemnify and save
one another harmless from any and all claims a10u out of
the performancel of this Agreement, except to the extent that
the harm complained of arises from the sole negligence of one
of the participating metnb r, Any loss or liability resulting
from' the negligent acts errors or omissions of the
Administration Board, Operation aoard, Center Director and or
staff, while acting within the scopQ of their authority under
thislAgreement shall be borne by the Valley Communications
Center exclusiy9ly.
3
All other provisions in the Valley Con 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 land the Valley Com Agreement, this addendum shall be the
controlling document.
IN WITNESS WHEREOF the parties hereto have caused this
Agreement to be executed by action of their authorized
representatives on this day of , 1993.
CITY OF KENT, WASHINGTON CITY OF TUKWILA, WASHINGTON
BY BY
DATE _ DATE
CITY OF AUBURN, WASHINGTON CITY OF RENTON, WASHINGTON
BY BY
DATE DATE
APPROVED AS TO FORM:
BY
ROGER Al LUBOVICH
CITY ATTORNEY, CITY OF KENT
4
Administration Board
Valley Communications Cent
Personnel Services Agreement
The Administration Board of Valley Communications Center, hereinafter called
Employer, desires to offer employment to Kevin Kearns as Joint Project Manager for
the Valley Communications and King County sub regions, to implement the regional
emergency communications system. Kevin Kearns, hereinafter referred to as Project
Manager, desires to accept employment for that purpose. Both Parties therefore, agree
to the following terms and conditions.
Appointment and Supervision
The Employer is the appointing authority for the Project Manager. The Chairperson of
the 800MHz Oversight Committee is the Project Manager's sole supervisor. Any
disciplinary action to be taken against the Project Manager will be recommended by the
800MHz Oversight Committee and approved by the Chair of the Administration Board
(Employer).
Schedule of Work
The Project Manager's schedule of work, of necessity, shall vary in accordance with
the work required, including such time as is necessary beyond the customary five-day
work week. This is a project related, management position, and is, therefore, exempt
from the requirements of the Fair Labor Standards Act.
Duties
The Project Manager shall be responsible for managing the detailed engineering design
and the implementation of the 800MHz System for the Valley Communications and
King County Sub -regions. He will be the joint project manager for both these projects.
He will have the following responsibilities:
a. Work with and determine needs of both sub -regions' prospective system users;
b. Negotiate and administer vendor contracts, consulting contracts, and other related
contracts as necessary to implement the system and other project work;
c. Advise, inform and make periodic reports to officials of King County and Valley
Communications and those two entities' representatives to the Regional
Communications Board; and
d. Oversee and direct the work efforts of any support staff or consultants assigned to
work on the project by King County and Valley Communications.
Personnel Services A! lent
Page 2
Project Administration
The reporting relationships will be as follows:
General supervision on project related matters regarding the Valley Communications
Sub -region, will be as stated under Appointment and Supervision above.
For project related matters in the King County Sub -region, the Project Manager will
report to the King County Public Works Director or his designee.
Term of Agreement
This agreement is effective on March 22, 1993, and unless terminated, shall remain in
effect until March 22, 1996. It may be extended for any period of time as may be
mutually agreeable to the Employer and the Project Manager.
Termination of the agreement
The agreement may be terminated by either party after 90 days written notification of
intent to terminate the agreement.
Salary
The Project Managers salary shall be $75,000 annually for the first year of the
agreement. A five -percent increase shall be added to the salary on March 22, 1994,
and on March 22 of each year that the agreement remains in effect.
Retirement, Health, Dental Plans
The Project Manager will be enrolled in the Washington Public Employees' Retirement
System (PERS) and the employer will make contributions on the same basis as other
non-union employees. For the duration of this agreement, the Project Manager shall be
entitled to participate in group health, dental and vision plans at the same percent of
premium now paid by the employer for other non-union employees.
Personnel Services A rnent
Page 3
Sick Leave
The Project Manager shall be entitled to a reasonable amount of paid sick leave during
the term of this agreement. There will be no accrual of sick leave, and the employer
reserves the right to request and receive a medical confirmation for any illness of three
days duration or longer. Illness causing inability to perform the project management
functions could be grounds to terminate this agreement under the procedure stated in
Termination of the Agreement above.
Vacation
The Project Manager is entitled to fifteen days paid vacation per calendar year.
Vacation must be requested in advance and be approved by the Employer. At least two
weeks of vacation time may be taken as consecutive weeks. There will be no accrual of
vacation time from year to year and any vacation not taken in a calendar year will not
carry over to the next year. At the end of this agreement, or upon termination, unused
vacation time will have no value and will not be paid for.
Holidays
The Project Manager is entitled to take holidays off that are regularly observed by the
employees of Valley Com.
Life Insurance
The Employer will provide the Project Manager with a life insurance policy in an
amount equal to his annual salary, or the maximum non-taxable amount allowable,
whichever is less.
Disability Insurance
The Employer will provide the Project Manager with disability insurance of the same
type provided to other non-union employees of Valley Com. except the Director.
Vehicle Allowance
The Employer will pay a vehicle allowance of $6,000 per year to the Project Manager.
The Project Manager will provide a vehicle, sufficient to carry out required duties, at
no additional costs to the Employer.
Personnel Services Al lent
Page 4
Training
The Project Manager may utilize up to $3,000 per year to attend approved, duty related
training programs and conferences. This represents a maximum amount and will be
used only if appropriate programs arise.
Severability
This document constitutes the entire agreement of the parties. If any provision or
portion, or any modification of the agreement is held unconstitutional, invalid, or
unenforceable, the remainder of this agreement shall remain in full force and effect.
Administrative Board Member Date
Project Manager DatV/cgh
e
(SS/ALW8:1104)
AGREEMENT
THIS AGREEMENT made and entered into this 30th day of
November
, 1979, between Valley Communications Center, hereinafter
called "VALLEY -COM", and King County Fire District No. 47 , hereinafter
called "DISTRICT.
WITNESSETH:
WHEREAS The District wishes Valley -Corn to provide call receiving and
dispatching services to and for said District so as to improve fire and medical aid
service communications within the boundaries of the district, and
WHEREAS Valley -Com is willing to provide said services to said District,
NOW, THEREFORE
IT LS HEREBY AGREED AS FOLLOWS:
1. Valley -Com shall provide call receiving and dispatching services
to and for the District.
2. The District shall pay $15.00 to Valley -Com for each dispatched
response or incident. Valley -Com shall bill the District on or before
the 10th day of each month for their services provided during the previous
month. Payment,for services shall be paid within 30 days of receipt of
billing therefor.
3. The duration of this Agreement shall be for a period of one year
from date hereof unless sooner terminated. Either party may terminate
this Agreement by notice in writing to the other party served upon such
other party at least 60 days prior to the intended termination date.
4. The District shall retain responsibility and authority for its operational
department,- and for such equipment and services as are required at its
place of operation to interconnect to the Valley -Com operation.
5. Telephone line service charges to Valley -Com from the District
will be paid by the District.
. The District agrees and will maintain conformance with the standard
communications procedures and unit numbering configurations as
established by Valley -Com.
7. This Agreement constitutes the entire understanding between the
parties and can be changed, amended or revised only by a subsequent
agreement in writing.
IN WITNESS WHEREOF the undersigned hereby affix their hands the day and
year first above written.
VALLEYC�OMMUNICATI S CENTER
By ��r✓C-/ /IX •� ' ✓,.
By
KING COUNTY FIRE DISTRICT NO. 47