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Home My WebLink AboutRes 1260 - Addendum to Interlocal Agreement - Valley Communications Center (ValleyCom) �J��IILA.., w9iP r O.% :2 1 y(S)i 1908 Ci o u i 1 s Washington Resolution No. 1260 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 7 day of 1993. U A 7, o v, Steve Lawrence, Council President ATTEST/ AUTHENTICATED: an E. Cantu, City Clerk APPROVED AS TO FORM: B P. U� Office of the City Attorney Filed with the City Clerk:--/,, Passed by the City Council: 7 -1 3 Resolution Number /,;p 4� 6 i ADDENDUM VALLEY COM AGREEMENT EX H B T I THIS AGREEMENT made and first entered into the day of 1993, by and among the undersigned municipalities, constituting municipal corporations under the laws and stat`tes of the State of Washington; WITNESSETH: I WHEREAS the participating cities of Auburn, Kent, Renton, and Tukwila entered into an interlocal agreement on August 20th, 1576, 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 Rc W 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 is hereby MODIFIED as follows: Section 3�.0, VALLEY COMMUNICATIONS CENTER AUTHORITY, is hereby modified as follows: 1.0. VALLEY COMMUNICATIONS CENTER AUTHORITY. There is hereby establish d a governmental s 9dministrative 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 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 communica>ions. The Center shall be ooverned by the Administrati_Qn Board, a th e Center's rowers shall include, but not be limited to the nowerd listed below. D_. )Recommend action to the legislative bodies of the part icipatina members; 2. Review and approve budget expenditures; C. Approve or disanorove budget expenditures recommended by the Center D t'ector and Operations Board; i d. Establish policies for expenditures of budaP_t items for the C 'enter; 1 f Review and adopt: a personpel po j_icv for _the va l lev coTq Centel 1 Establish a fund or special fund or funds as authorized by RCW 39.34.030 for the operation of the Valley Com Cente I j Conduct regular meetings as may be designated by the Administration Board; h. Determine what services shall be offered and under what teU thev shall be offered; i. IFnter into agreements with third parties for goods and g vices necessary to fully implement the nurnoses of this Acrreetn_4�nt I j� Establish rates for services provided to other members. subscribers or narticiDatina acrencies; 1 IDirect and supervise the activities_ of the operations board and the Center Director; 1. iincur debt in the name of the Centex to make purchases or contract for services necessary to fully implement the nurnoees of this Agreement; n. Fnter into aareements with and receive and distribute funds from anv federal. state or local aaenc n. Receive all funds allocated to the Center from its Mmbers o. Reimburse the Center's oricli nal particinatincr members for theii contributions for the financing of the Vallev Communications Center dispatch facility toaether with interest assessed auarterly thereon at 8.751. p_ To nu rase, take, receive. lease. take by aift, or other wise acouire. own. hold. im orove. use and ctberwi6e deal in and with real or pe rsona l nrooer.ty, or anv jjterest therei in the name of the Vallev Communications Center. To se U convev. mortgage. nledae. lease. exchange, transfer and otherwise dispose of all of its Dronerty an(I assets. I r. ITo sue and be sued. complain and defend. in all courts of competent Jurisdiction in the Center's name; S. To make and alter bvl_aws for the administration and reaulation of its affairs; i t. Enter into contracts with future narticioatina members and subscribers to provide communications services, u. To hold radio freouencv licenses to enable the C enter to operate radio communications and disnatcYi systems to meet its public saj_Qlv rc-spnn9ibi- lities. I 2 1 I Il. Section 3.0, ADMINISTRATION BOARD, is hereby modified as follows: 3.3 The Administration Board shall be authorized to establ bylaws which govern.,the _gon- ralopera.tio,ns._policJes of the Center. i Section. X 11.0, INVENTORY AND PROPERTY, is hereby modified as follows: 11.3 ownership of Real Property i Tithe to real prot)erty Durchased or otherwise acquired shall be held in the name of the Valley Communicat ions _Center; nrovided however, that for valuable consideration received, the tenter may convev ownership of anv real oronerty as may be approved by a majority of the Administration Board. 1 11-4: Method of Ternihation and Disposal of Real Property Upon Termination. i This' Aareement shall remain in full force and effect from the datel of the Aareement until terminated as set forth in Section 13 6r upon agreement of at least a majority of all naxt'!cinatina members, Upon termination of this Agreement, all Ereal property acquired during the life of the Aareement shall be disposed of in the f.QIlowina manner: i a, I All real and personal property purchased pursuant to this agreement shall be distributed based on the oercentacre of the total annual charctes assessed by the Administration Board durihcr the period of this Aareement and paid by each participatinct membeU b, All unexpended funds or reserve funds shall be distributed based-on the nercentaae of total annual charges assessed by the Administration Board durina the period of this Aareement and paid by each particinatina member. I IV. Section A.0, a new section, is added as follows: 201.0iHold Harmless The parties to this Aareement shall defend. indemnifv and save one another harmless from anv and all claims a out of the berformance of this Agreement. exceut to the extent that the harm comolained of arises from the sole neatio ence of-one of the nar.ticipatina members. Anv loss or liability resulting from' the nealiaent acts errors or omissions of the Administration Board. Operation Board. Center Director and or staff_. while acting within the scone of their authoritv under this I Aareement sha11 be borne bv_ the Valley communications Center exclusiy( I 3 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 addendumiand the Valley Con 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 CIT`! OF TUKWILA, WASHINGTON BY BY I DATE DATE i i CITY OF AUBURN, WASHINGTON CITY OF RENTON, WASHINGTON BY BY i i DATE DATE i APPROVED AS TO FORM: BY ROGER Al LUBOVICH CITY ATTORNEY, CITY OF KENT I I 1 I