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HomeMy WebLinkAboutR-2000-154 new contract for continuation of the 911 servicesRESOLUTION NO. R-2000-154 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a 911 Support Services Agreement with Yakima County for the purposes of providing 911 emergency communication support services. WHEREAS, and pursuant to RCW 82.14(B) and YMC Chapter 3.36, Yakima County collects telephone access line excise taxes for the purpose of funding and providing a 911 emergency service communications system; and WHEREAS, various local governmental entities within Yakima County, Washington, have previously entered into an interlocal agreement with the County entitled "Yakima County Department of Communications Intergovernmental Agreement for 911 Answering Services" for provision of 911 emergency communication services on a county -wide basis to participating members; and WHEREAS, the City is willing to provide the County with the necessary support services to efficiently and economically operate said 911 emergency service communication system in accordance with the terms and conditions of the attached 911 Support Services Agreement; and WHEREAS, the Yakima County 911 Administrative Board desires that the County contract with the City for said 911 support services in accordance with the terms and conditions of the attached 911 Support Services Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to provide 911 support services to the County in accordance with the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "911 Support Services Agreement" with Yakima County for the purposes of providing 911 emergency communication support services. ADOPTED BY THE CITY COUNCIL this 5th day of December, 2000. ATS City Clerk (147rai11 &am= cant wanly nay CO ;en ry Place, Mayor 911 SUPPORT SERVICES AGREEMENT THIS 911 SUPPORT SERVICES AGREEMENT, hereafter the "Agreement," is made and entered into by and between the CITY OF YAKIMA, a municipal corporation, hereinafter the "City," and YAKIMA COUNTY, a municipal corporation, hereinafter "County." WHEREAS, and pursuant to RCW 82.14B and YCC Chapter 3.36, the County collects telephone access line excise taxes for the purpose of funding and providing a 911 emergency service communication system; and WHEREAS, local government entities in Yakima County, Washington have entered into an interlocal agreement with Yakima County entitled "Yakima County Department of Communications Intergovernmental Agreement for 911 Answering Services" for provision of 911 emergency communication services on a county -wide basis to participating members. WHEREAS, the City is willing to provide the County with the necessary support services to efficiently and economically operate said 911 emergency service communication system in accordance with the terms and conditions of this Agreement; and WHEREAS, the Yakima County 911 Administrative Board desires that the County contract with the City for 911 support services in accordance with the terms and conditions of this Agreement. WHEREAS, the Yakima County 911 Administrative Board adopts policies particular to 911 services. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the County as follows: 1. Scope of Services. The City shall provide the County and Yakima County 911 with the necessary support services to efficiently and economically operate the 911 emergency services communication system within Yakima County. Said 911 support services shall include but are not limited to the following: administration, supervision, personnel, equipment, and materials necessary to fulfill Yakima County's obligation to provide such services as required under the Yakima County Intergovernmental 911 Agreement as it now exists, or is hereafter amended and superseded. 2. Term. The term of this Agreement shall commence January 1, 2001, and shall terminate at midnight, December 31, 2005, unless terminated at an earlier date by either party in accordance with Section 16 of this Agreement. 3. Annual Budget. The City shall prepare in conjunction with the Yakima County 911 Administrative Board a budget for each year of this Agreement. The budget shall reflect the City's estimated, anticipated, and projected administration, operating, labor, capitol, and self- insurance costs and expenditures necessary to provide 911 support services required hereunder. The City shall expend the funds received hereunder in accordance with the annual budget approved by the Yakima County 911 Administrative Board. 4. Consideration. In consideration of the City's providing 911 support services, the County agrees to provide the City with an annual amount equal to the annual 911 support 1 (Ik)agt/811 svc cont nov 00 pm services agreed-upon budget for each respective year of this Agreement. Payment shall be made to the City on a monthly basis. Each monthly payment shall be one -twelfth (1/12) of the City agreed-upon annual 911 support services budget. The first monthly payment is due and payable to the City within ten (10) days of the date this Agreement is executed, with all subsequent monthly payments due and payable to the City on the tenth day of each month thereafter during the term of this Agreement. The County shall make the payments required hereunder from the telephone access line excise taxes that are collected by the County pursuant to RCW 82.14B and YCC Chapter 3.36 during the term of this Agreement; provided, however, to the extent such taxes collected during a contractual year exceed the annual 911 support services budget for that year, the County shall place the excess amount in a reserve fund dedicated to the 911 emergency services communication system. 5. Use of Telephone Access Line Excise Taxes. In accordance with RCW 82.146.050 and YCC 3.36.040, the City shall use all telephone access line excise taxes that it receives from the County for the 911 support services required hereunder. 6. Unanticipated Costs or Expenditures. In the event of unanticipated and unbudgeted 911 support services costs or expenditures, the City shall request that the Yakima County 911 Administrative Board approve payment of such costs/expenditures from the County's 911 emergency services communication system reserve fund. Within twenty (20) days of such approval by the Yakima County 911 Administrative Board, the County shall pay/reimburse the City for such costs/expenditures from said reserve fund. The County shall not be obligated to provide additional funding to the City for such cost or expenditures over and above the amount in said 911 emergency services communication system reserve fund. 7. Annual Inventory. The City shall prepare an inventory for each year of this Agreement of all equipment and material in its possession that shall be used in providing the 911 support services required hereunder. The inventory shall provide the following information for each listed item: a description; serial number, if any; purchase price; percentage of purchase price allocable to City, County, State, Federal, or other funding sources; and depreciated value. The first inventory shall be performed within thirty (30) calendar days of the execution of this Agreement. A copy of each annual inventory shall be prepared, completed, and provided to the County, the Yakima County 911 Administrative Board, and the Yakima County 911 Operations Board by September 30 of the respective year of this Agreement. The City shall maintain and keep current the inventory. Newly obtained equipment and materials shall be added to the inventory within ten (10) calendar days of receipt by the City. Where appropriate, equipment and materials shall be deleted from the inventory. The County, the Yakima County 911 Administrative Board, and/or the Yakima County 911 Operations Board may request a copy of the most current inventory at any time during the term of this Agreement. The City shall provide said copy to the requesting party within three (3) business days of the City's receipt of the request. 8. Depreciation of Capital. All equipment purchased by the City with funds from the County for 911 support services shall be depreciated on a straight line basis over a period of five (5) years from the time of purchase. 2 (Ik)egn911 svo coot nov OO.pm 9. Personnel. The 911 support services required hereunder shall be performed by City employees. The City and its employees shall make no claim of County employment and/or claim any related employment benefits from the County, including but not limited to medical benefits, worker's compensation, social security, and/or retirement benefits. 10. Self -Insurance Fund. The City is a self-insured municipal corporation. Consequently, the City shall utilize a percentage of the funds received hereunder for its self-insurance fund and for payment of insurance premiums to insure the City for liability resulting from its performance and/or non-performance of the 911 support services required under this Agreement. 11. Indemnification. The City agrees to protect, defend, indemnify, and hold harmless the County, its elected officials, agents, officers, employees, the Yakima County 911 Administrative Board, and Yakima County 911 Operations Board from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) resulting from the City's performance and/or non-performance of the 911 support services required under this Agreement. 12. Nondiscrimination Provision. During the performance of this Agreement, the City shall not illegally discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, age, political affiliation, or the presence of any sensory, mental or physical handicap in violation of any applicable state and/or federal law, regulation, or rule. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 13. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 14. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 15. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 16. Termination. The City or County may terminate this Agreement, with or without cause, by giving at least thirty (30) days written notice of termination to the other party and the Yakima County 911 Administrative Board and the Yakima County 911 Operations Board. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: 3 (Ik)egr/911 ev000ntnov CO Pm TO CITY: TO COUNTY: City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Board of County Commissioners Room 406 128 North Second Street County Courthouse Yakima, WA 98901 Chairman Yakima County 911 Operations Board (addressed to current Chairman) Chairman Yakima County 911 Administrative Board (addressed to current Chairman) or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 20. Filing of Agreement. A copy of this Agreement shall be filed with the City Clerk of the City of Yakima and with the Yakima County Auditor. 4 0/0e4O911 sec cool nov00 pm CITY OF YAKIMA By: Dick Zais, City Manager DATE: / a - 7 -00 City Clerk OTTY CONTRACT N0: a 000 -CI RESOLUTION WD: /a -a000 - t 511 @tkg911 sw cant n0000 pm COUNTY OF YAKIMA By, JESSE S. PALACIOS Board of County Commissioners y _c Bettie Ingham, Comm loner By: Excused JAMES M. LEWIS DATE: DeL mber- ATTEST: 1111111 1 1 1 1 0J/ 7 /I • �iL .,:0 YAK�Mq �' Clerk of the Board Q �OQ, � � F wAS'y� s., su: { o:or. llllillii:l1!. 5 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. '` 13 For Meeting of t - S- o 0 ITEM TITLE: 911 Support Services Contract SUBMITTED BY: Wayne Wantland, Communications Manager CONTACT PERSON/TELEPHONE: Same, 575-6048 SUMMARY EXPLANATION: The City of Yakima has been providing the 911 services for Yakima County since June of 1996 on a five year contract which will expire in June of 2001. In the recent months we have developed a new contract for continuation of these services for another five year term. This contract has been presented to and approved by both the Yakima County 911 Operations and Administrative Boards. The budget that is reflected in the contract has been modified to accommodate some additional expenses being incurred by the City in providing these services. The significant modifications include increases for; Sharing of administrative costs, one additional Calltaker position and modifications to the pay scale of the calltaker position. The commencement date has also been changed to January 1, 2001 so this contract will coincide with the budget cycle of both the City and the County. EXHIBITS X_ Resolution Ordinance XContract Minutes Plan/Map Notification List Other Specciiffy) APPROVED FOR SUBMITTAL: CITY MANAGER STAFF RECOMMENDATION: Staff recommends approval of this contract so we may continue to provide this valuable service to the citizens of Yakima County. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2000-154