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HomeMy WebLinkAboutR-1996-036 Yakima County / Service ContractRESOLUTION NO. R-96- L3CO A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a 911 Support Services Agreement with Yakima County upon the City successfully resolving labor issues with the SUNCOM 911 call -takers. WHEREAS, and pursuant to RCW 82.14(B) and YMC Chapter 3.36, Yakima County (hereafter "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 County, as required by the provisions of said interlocal agreement, currently provide 911 emergency communication services to County residents in various cities, towns, and fire districts within the County; 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 SUNCOM Administrative Board desires that the County contract with the City for said 911 support services in accordance with terms and conditions of the attached 911 Support Services Agreement; and WHEREAS, the City shall engage in labor negotiations with the SUNCOM 911 call -takers in order to incorporate the call -takers in the City workforce; 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: Subject to and conditioned upon the City successfully resolving labor issues with the SUNCOM 911 call -takers in order to incorporate the call -takers into the City workforce, the City Manager and the City Clerk are 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. II /A ADOPTED BY THE CITY COUNCIL this ` V I day of Ma 11 An , 1996. ATTEST:< City Clerk 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, hereafter the "City," and YAKIMA COUNTY, a municipal corporation, hereafter "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 a 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 County, as required by the provisions of said interlocal agreement, in conjunction with SUNCOM, currently provides said 911 emergency service communication system to County residents and various cities, towns, and fire districts within the County; 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 this Agreement; and WHEREAS, the SUNCOM 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 SUNCOM Administrative Board adopts policies particular to 911 services; and 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 SUNCOM 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 upon execution hereof and terminate five (5) years thereafter. 3. Annual Budget. The City shall prepare in conjunction with the SUNCOM 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. A copy of the first annual budget is attached hereto. Each subsequent annual budget shall be approved by SUNCOM 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 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 82.14B.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 SUNCOM 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 SUNCOM 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 over and above the amount in said 911 emergency services communication system reserve fund to the City for such cost or expenditures. 7. Annual Inventory. The City shall prepare a 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 SUNCOM Administrative Board, and the SUNCOM Operations Board by 1 u 1 y of the respective year of this Agreement. i 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 SUNCOM Administrative Board, and/or the SUNCOM Operating 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) working days of the City's receipt of the request. 8. Depreciation of Capitol. 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. 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 SUNCOM Administrative Board, and SUNCOM Operating 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 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. 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 SUNCOM Administrative Board and the SUNCOM Operating Board. 14. 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. 15. Integration. This written document constitutes the entire agreement between the City and County. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 16. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO COUNTY: City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Board of County Commissioners Room 406 County Courthouse Yakima, WA 98901 Chairman SUNCOM Operations Board Yakima County Sheriffs Office P.O. Box 1388 Yakima, WA 98907 Chairman SUNCOM Administrative Board c/o City of Sunnyside 818 East Edison Sunnyside, WA 98944 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. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 19. 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. CITY OF YAKIMA By: Dick Zais, Cif Manager DATE: �u Y� a 1 j I d b ATTEST: City Clerk ; ter wierws mo;....i ', . COUNTY OF YAKIMA B ettie Ingham, Board of County Commsioners .fid . By missioner , Chu c 2 William H. Flower, Commissioner DATE: u k L\ 1 1CQ1,1, a�15 to ATT T: Clerk of the B BOARD OF YAKIMA COUNTY COMMISSIONERS IN THE MATTER OF AUTHORIZING EXECUTION OF A 911 SUPPORT SERVICES AGREEMENT WITH THE CITY OF YAKIMA UPON THE COUNTY SUCCESSFULLY RESOLVING LABOR ISSUES WITH THE SUNCOM 911 CALL -TAKERS RESOLUTION NO. 17 1- 1 9 9 6 WHEREAS, pursuant to RCW Chapter 82.148 and Yakima County Code 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 entered into an interlocal agreement for the provision of 911 emergency communication services on a county -wide basis to participating members; and, WHEREAS, the County, as required by the provisions of said interlocal agreement, currently provides 911 emergency communication services to County residents in the unincorporated area and in various cities, towns, and fire districts within the County; and, WHEREAS, the City of Yakima 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 SUNCOM 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 and County shall engage in labor negotiations with the SUNCOM 911 call -takers in order to incorporate the call -takers in the City work force; and, WHEREAS, it is hereby deemed to be in the best interest of the residents of Yakima County that the attached agreement be implemented, now, therefore, BE IT HEREBY RESOLVED that subject to and conditioned upon the City of Yakima and Yakima County successfully resolving labor issues with the SUNCOM 911 call -takers, the Chair of the Board of Yakima County Commissioners is hereby authorized to execute the attached 911 Support Services Agreement with the City of Yakima for the purposes of 41 providing 911 emergg/enc communication support services. DATED this O[(I ay of March, 1996. ATTEST:_,(.4--iip$, Sylvia E. Hi osa Bet Clerk f the BO•'•r OF YAKIMA COUNTYOMMISSIONERS - / ,... / :13, ClDeputy Clerk b:SunCm911.Rea ew C it e Ingham, Member Constituting the Board of County Commissioners for Yakima County, Washington. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 3 l/ 2, ITEM TITLE: Resolutions authorizing the City Manager and the City Clerk to execute Yakima County Intergovernmental 911 Agreement and 911 Support Services Agreement. SUBMITTED BY: Yakima City Council Public Safety Committee Al Chronister, Fire Chief Don Blesio, Police Chief CONTACT PERSON/TELEPHONE: Al Chronister, Fire Chief (575-6060) Don Blesio, Police Chief (575-6211) SUMMARY EXPLANATION: As a result of many planning sessions and input from various operational, administrative, and legal personnel from various local governmental entities, the following attached items have been assembled and approved by the SUNCOM Administrative Board for Consolidated Dispatch Operations: 1. Organizational Chart for Consolidated 911, Police, and Fire Dispatch Operations, including long and short term goals. 2. Consolidated 911, Police, and Fire Dispatch Operations Budget that is inclusive of -- a. 911 Expenses and Revenues, b. City Dispatch Expenses and Revenues, and c. An Administrative Services Detail. (Continued on page 2) Resolution X Ordinance Contract X Other(Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolutions authorizing execution of the 911 Support Services Agreement and the Yakima County Intergovernmental 911 Agreement. BOARD/COMMISSION RECOMMENDATION: The City Council Public Safety Committee recommends approval of the attached legislation. COUNCIL ACTION: 22A--911 Support Services- Substitute Resolution Adopted. Resoltuion No. R-96-36. 22B --Yakima Co. Intergovernmental 911 Agreement. Resolution adopted. Resolution No. R-96-37. (pm)agenda 3tmt/911 Eaterlocal AGENDA STATEMENT (Page 2) Item No. For Meeting Of SUMMARY EXPLANATION: (Continued) 3. 5 -year 911 Support Services Agreement between the City and the County. 4. A revised Yakima County Intergovernmental 911 Agreement that incorporates additions and changes proposed by the SUNCOM Administrative Board Executive Committee. The above documents have been drafted due to the collaborative effort of both City and County personnel. These documents should provide the basis for establishing Consolidated Dispatch Operations in a timely and professional manner. Attached hereto for the City Council's consideration and approval are two resolutions authorizing execution of the 911 Support Services Agreement and the Yakima County Intergovernmental 911 Agreement. (pm)agenda stmt/911 Interlocal