HomeMy WebLinkAbout12/05/2017 06I 911 Support Services Agreement with Yakima CountyBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
Item No. 6.1.
For Meeting of: December 5, 2017
ITEM TITLE: Resolution authorizing 911 Support Services Interlocal Agreement
with the City of Yakima and Yakima County
SUBMITTED BY: Brad Coughenour, Suncomm 911 Manager
SUMMARY EXPLANATION:
The 911 Support Services 1 nterlocal Agreement with the City of Yakima and Yakima County
provides efficient and economical service for countywide 911 service support. The 1 nterlocal
Agreement provides the necessary funding resources to support personnel, equipment, and
training associated with the operations of the Public Safety Answering Point (PSAP) for
the residents of Yakima County. This agreement is a five year agreement that provides $2.1
million in annual funding for 911 operations, training, 50% of administration costs, and offsets 7%
of the cost of wages for dispatch operations.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
STAFF RECOMMENDATION:
Adopt resolution.
City Manager
BOARD/COMMITTEE RECOMMENDATION:
The 911 Operations Board, Administrative Boards, and Board of County Commissioners have
approved the agreement.
ATTACHMENTS:
Description Upload Date Type
0 resolution 11/30/2017 Co r Memo
0 911 Support Seruces Interlocal Agreement
11/15/2017 Resolution
2
RESOLUTION NO. R-2018-
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A RESOLUTION authorizing execution of the "911 Support Services Agreement" with
Yakima County for the provision of 911 services.
WHEREAS, the City of Yakima has been providing 911 services to the citizens of Yakima
County through the 911 Support Services Agreement (referred to as the "Agreement"); and
WHEREAS, in 2006, the City and County entered into a "911 Support Services
Agreement" between the City of Yakima and the County of Yakima, Washington, City Contract
No. 2006-21 ("Agreement"), whereby the City provides 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; and,
WHEREAS, the current Agreement is set to expire at midnight on December 31, 2017,
and the parties desire to enter into a new Agreement for a period of five years to midnight on
December 31, 2022, which Interlocal Agreement is attached hereto and incorporated herein by
this reference; and
WHEREAS, it is within the scope and budget of the City of Yakima to provide such
services; and
WHEREAS, the City Council deems it to be in the best interest of the City and the citizens
of Yakima County to authorize the execution of the Agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the "911 Support Services
Agreement" with Yakima County for the provision of 911 services for the of the Agreement from
midnight, January 1, 2018 to midnight, December 31, 2022.
ADOPTED BY THE CITY COUNCIL this 5th day of December, 2017.
Kathy Coffey, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
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911 SUPPORT SERVICES INTERLOCAL 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" pursuant to RCW 39.34 et, seq.
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
Intergovernmental 911 Agreement" for provision of 911 emergency communication
services on a county -wide basis to participating members which creates a Public Safety
Answering Point providing service to participating members provided by Yakima
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 Yakima County 911 Administrative Board, created pursuant to
the Yakima County Intergovernmental 911 Agreement (attached hereto as Exhibit "1"),
desires that the County contract with the City for 911 support services in accordance with
the terms and conditions of this Agreement; and
WHEREAS, the Yakima County 911 Administrative Board adopts policies
partieular 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 manage 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 as it is hereafter amended
and/or superseded.
2. Term. The term of this Agreement shall commence January 1, 2018, and shall
terminate at midnight, December 31, 2022, unless terminated at an earlier date by either
Pg. 1 of 6
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party in accordance with Section 16 of this Agreement. This Agreement shall
automatically renew at terms of one year for four consecutive additional terms, unless
otherwise terminated or amended pursuant to 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 under the Yakima County Intergovernmental 911 Agreement.
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 monthly. Each monthly payment shall be one -twelfth (1/12) of the
City agreed-upon annual 911 support services budget. Monthly payments are due and
payable to the City on the fifteenth day of each month during the term of this Agreement.
The County shall remit to the City of Yakima all reimbursement received from
the Washington State Military Department and Emergency Management Division under
the current and future E911 County Coordinator Professional Development Agreements
(CCPDA). The remittance shall be included in the next monthly payment payable to the
City.
The City shall deposit 911 support service payments and E911 CCPDA receipts
from the County into a dedicated fund for emergency communication services. The City
may retain a reserve of not more than one -twelfth (1/12) of the annual budget funded
under this agreement. Any excess amounts over this reserve value must be returned to
the County to be deposited into the County 911 emergency services communication
system reserve fund. Said reserve funds held by the City and the County shall be
available to fund 911 emergency services communication issues if necessary and upon
request, in writing, by the City, pursuant to section 6, herein.
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.
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.
Pg. 2 of 6
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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 is not obligated to provide additional funding for 911 services beyond the
annual revenue collections or the 911 emergency reserves held in the 911 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.
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 301h 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 ten (10) 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.
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.
Pg. 3 o 6
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11. Indemnification. The City agrees to protect, defend, indemnify, and hold
harmless the County, its elected and appointed officials, agents, officers, volunteers and
employees 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.
The County agrees to protect, defend, indemnify, and hold harmless the City, its elected
and appointed officials, agents, officers, volunteers and employees 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 County's performance and/or non-performance of 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, oral or written, which are hereby
declared terminated and of not further force and effect upon the execution and delivery
hereof. There are no terms, conditions, or agreements with respect hereto, 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 365 days' written notice of the intent to terminate the Agreement
to the other party, the Yakima County 911 Administrative Board, and the Yakima County
911 Operations Board.
Pg. 4 of 6
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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:
TO CITY:
TO COUNTY:
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
Board of Yakima County Commissioners
County Courthouse
128 N. 2ndStreet, Room 232
Yakima, WA 98901
Chairman
Yakima County 911 Operations Board
(Curt Ruggles
1 W PtAve
Toppenish, WA 98948
Chairman
Yakima County 911 Administrative Board
Rand Elliott
128 N. 2"d Street, Room 232
Yakima, WA 98901
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 three days after deposit into the U.S.
Mail, or on the date the notice is 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 of any action to enforce or interpret this Agreement shall ie in
the Superior Court of Washington for Yakima County, Washington.
20. Filing of Agreement. A copy of this Agreement shall be filed by the City with the
City Clerk of the City of Yakima and shall be filed by the County with the Yakima
County Auditor.
Pg. 5 of 6
Intergovernmental Agreementfor 911 Support Services.
CITY OF YAKIMA BOARD OF YAKIMA COUNTY
COMMISSIONERS
Cliff Moore, City Manager J. Rand Elliott, Chairi
Date:
ATTEST:
Sonya Claar Tee, City Clerk
Ron Anderson, Commissioner
Michael D. Leita, Commissioner
Constituting the Board of County
Commissioners for Yakima County,
Washington
DONE this day of 2017
ATTEST:
Tiera L. Girard, Clerk of the Board
Approved as to form:
Deputy Prosecuting Attorney
kOSP)
Pg. 6 of 6
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Distributed at the .
Meeting /, - -I 7 }
E)/(i(o6.4-
YAKIMA
COUNTY
INTERGOVERNMENTAL 911 AGREEMENT
WHEREAS this Agreement made and first entered into by and among the
undersigned governmental jurisdictions; and
WHEREAS the members and the residents of Yakima County would
benefit both in terms of efficiency and economy from 911 Public Safety
Answering Point (PSAP) services to Yakima County and the cities, and fire
protection districts within Yakima County; and
WHEREAS the undersigned governmental jurisdictions have a goal of
establishing and maintaining a PSAP, to be hereafter known as " Yakima County
911"; and
WHEREAS this Agreement and the activities described herein below are
sanctioned by the provisions and terms of the "Interlocal Cooperation Act"
pursuant to RCW 39.34 et seq.; and
WHEREAS the establishment of such PSAP 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 jurisdictions,
together with such other jurisdictions as may hereafter contract with the
undersigned for communications services; and
WHEREAS Yakima County is an existing governmental structure
encompassing the entire geographic, economic, and population region to be
served; and
WHEREAS the establishment and maintenance of such PSAP will be of
substantial benefit to the citizens of the undersigned governmental jurisdictions
and the public in general; and
WHEREAS the participating jurisdictions desire to expressly state the
powers held by the Center pursuant to RCW 39.34.030(3)(b); and
WHEREAS the participating jurisdictions expressly state that the PSAP is
authorized to acquire, hold, and dispose of property pursuant to RCW
39.34.030(4)(b); and
911 Interlocal
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last modified: May, 2001
WHEREAS the PSAP Shall be funded by the telephone excise tax proceeds
authorized by RCW 82.14B.030.
NOW THEREFORE, it is hereby agreed and covenanted among the
undersigned as follows:
1.0 PURPOSE: It is the purpose of this Agreement to provide Enhanced 911
services for the members at the earliest possible time thereby benefiting
them in terms of efficiency and economy.
2.0 DEFINITIONS: As used in this Agreement for the following words and
phrases shall have the meanings indicated unless the context clearly
requires otherwise:
2.1 "PSAP" (Public Safety Answer Point) shall mean the locations of the
equipment and personnel that provide PSAP services.
2.2 "Services" shall mean those services and equipment to answer 911
calls on a 24-hour basis.
2.3 "County" shall mean Yakima County.
2.4 "E-911" shall mean the ability of a person to call for emergency
services by using the three -digit number and the ability to
electronically track and identify the origin of emergency calls in
addition to Basic 911.
2.6 "Members" shall mean the signatories to this Agreement and such
other entities as become signatories or otherwise become members
in the future.
2.7 "Yakima County 911" shall mean collectively the parties to this
agreement in their capacity as providers and/or receivers of 911
services or, as the context may require, the system of providing
such services.
3.0 DURATION OF AGREEMENT - TERMINATION: The initial duration of
this Agreement shall be for a period of five (5) years from the date hereof,
and thereafter shall be automatically extended for consecutive two (2) year
periods unless terminated by orie or more of the participating members.
Any such termination shall be effective when reduced to writing and
served on the other members on or before July 1 in any one year, and
thereupon such termination shall then become effective on the last day of
911 Interlocal
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last modified: May, 2001
such year. Any notice to be effective shall be in writing and time is of the
essence in the giving of such notice.
4.0 ADMINISTRATION BOARD:
4.1 The affairs of the Center shall be governed by an Administration
Board composed of one member from each participating
governmental jurisdiction. Such member shall be the highest-
ranking elected member of the jurisdiction or a designee who shall
be an elected official. Each Board member shall have an equal vote
and voice in all Board decisions. A quorum shall consist of a
majority of those present at a scheduled meeting.
4.2 An Administrative Executive Board (the Board) shall be chosen from
the Administration Board. The Administrative Executive Board shall
be composed of one County Commissioner, the Mayor of Yakima, an
Upper Valley Mayor, two Lower Valley Mayors, and an Upper Valley
and Lower Valley fire commissioner. A designee may be appointed
for the above, but the designee shall be an elected official of the
jurisdiction. A quorum will consist of a minimum of four (4) voting
members or their designee.
4.3 A Chairperson, and such other officers as the majority of the Board
may determine, shall be elected by the members of the
Administrative Executive Board. The Chairperson shall serve a one-
year term of office. Said chairperson shall also serve as the
chairperson of the Administration Board.
4.4 The Administrative Executive Board shall have the full authority
and power of the Administration Board to make decisions regarding
the affairs of the Center on a routine basis. Any member of the
Administration Board may bring any decision of the Administrative
Executive Board forth to the full Administration Board for
discussion.
4.5 Meetings -- The full Administration Board shall only meet as
required or at the request of any member for discussion on the
actions of the Administrative Executive Board. The Administrative
Executive Board shall meet regularly but no less than quarterly.
4.6 Chairperson's Authority and Responsibility - During the
Chairperson's term of office, he/she shall have the following
authority and responsibility:
911 Interlocal
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last modified: May, 2001
a) To appoint a member of the Administrative Executive Board to
act as Chairperson in his/her absence. This appointment
may be made on an incidental basis.
b) To preside at regular and special meetings of the
Administration and Administrative Executive Boards.
c) To call meetings of the Administration Board or special
meetings as appropriate.
d) To appoint committees as required.
4.7 Conduct of Business - Roberts Rules of Order shall govern all
procedural matters relating to the business of the Administration
and Administrative Executive Boards.
a) The Order of Business for all regular meetings shall be as
follows:
Approval of the minutes of the previous meeting.
Reports from the Chairperson
Reports of any member
Reports from the Operations Board
Reports from the Director
Old Business
New Business
b) All materials for regular meetings and minutes shall be
prepared in packets and distributed to all members at least 5
days prior to the date of the next meeting.
c) No action will be deemed to have been taken by the
Administration Board or the Administrative Executive Board
unless the matter had been subject of a proper motion, which
has been approved by a quorum of the board. The authority
to determine whether an action had been taken will be the
approved minutes of the meeting.
4.8 The Functions of the Administration Board shall be as follows:
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a) Establish rules and policies for the Administration Board's
operation and regulation of its affairs.
last modified: May, 2001
b) Monitor the actions of the Administrative Executive Board and
take appropriate action when required.
4.9 The Functions of the Administrative Executive Board shall be as
follows:
a) Adopt administrative policies for Yakima County 911.
b) Approval of the annual Yakima County 911 budget.
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c) Establishment of policies for expenditures of budgeted items
for Yakima County 911.
d) Approval or disapproval of unbudgeted expenditures in excess
of $10,000.00 upon recommendation of the Operations Board
e) Resolve disputes that may arise between the members of the
Operations Board and any other issues not resolvable by the
Operations Board.
f) Determine what services shall be offered and under what
terms they shall be offered.
g) Review and approve significant policy issues referred from the
Operations Board.
h) Recommend action to the governmental jurisdictions of the
participating members.
i) Approval of agreements with federal, state or local agencies.
j) Approve purchase, lease, receipt by gift, or otherwise
acquiring real or personal property, or any interest therein.
k) Approve contracts with future participating members and
subscribers to provide communications services.
1) Evaluate and determine the propriety of communications
services for local governments whenever so requested and
shall determine the means of providing such services together
with related costs and effects.
last modified: May, 2001
m) Provide annually a report on the status of 911 to the
Administration Board.
4.10 Any decision of the Administrative Executive Board can be
overturned by a majority vote of the Administration Board.
4.11 The Chairperson or their designee may call for an executive session
of the Board for discussion of matters protected under RCW
42.30.110, Executive Sessions. Such sessions shall strictly follow
the criteria as set forth in RCW 42.30.110 for authorized
discussions.
5.0 OPERATIONS BOARD:
5.1 There is further established an Operations Board, which may
consist of the following fourteen (14) members or their designees:
a. The Yakima County Sheriff
b. The Chief of Police for the City of Yakima
c. The Fire Chief for the City of Yakima
d. The Chief of Yakima County Fire District No. 5
e. The Chief of the Yakama Tribal Police
f. One representative chosen from the Upper
Districts' Chiefs
One representative chosen from the Police Chiefs
of Selah, Moxee, Tieton, and Union Gap
h. Two representatives chosen from the Lower
Departments' Chiefs
i. Two representatives chosen from the Chiefs
Valley Law Enforcement
Director of Emergency Management Services
Director of Emergency Medical Services (EMS)
g.
J.
k.
Valley Fire
of the cities
Valley Fire
of the Lower
5.2 The Operations Board is charged with the authority and
responsibility to govern the day-to-day operations and procedures of
Yakima County 911. Each Board member shall have an equal vote
in all Board decisions. Unless otherwise provided, Roberts Revised
Rules of Order shall govern all procedural matters relating to the
business of the Operations Board.
5.3 Any member may designate a representative to attend meetings in
that member's place. While so designated, the representative shall
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last modified: May, 2001
assume all rights and responsibilities of a full member. The
designee must be from the same jurisdiction.
5.4 The Operations Board shall elect a Chairperson from its members by
a majority vote of the Operations Board. The Chairperson shall
serve a one-year term of office.
5.5 The Board shall determine the time and place of its meetings. At
least one (1) regular meeting shall be held each calendar quarter.
The Chairperson or any two (2) members upon may call special
meetings not less than seven (7) days' prior written notice.
5.6 During the Chairperson's term of office he/she shall have the
following authority and responsibility:
a. To appoint a member of the Operations Board to act as
Chairperson in his/her absence. This appointment may be
made on an incident -by -incident basis or for a designated
period of time, not to exceed three (3) consecutive meetings.
b. To preside at regular and special meetings of the Operations
Board.
c. To call a special meeting as appropriate.
d. To appoint committees as required.
e. To meet with the Administrative Executive Board, to keep that
Board appraised of the actions of the Operations Board and
Yakima County 911.
5.7 The Order of Business for all regular meetings shall be as follows:
a. Approval of the minutes of the previous meeting.
b. Reports from the Chairperson.
c. Reports from any member.
d. Reports from the Director.
e. Old Business.
f. New Business.
5.8 All materials for regular meetings and minutes shall be prepared in
packets and distributed to all members at least 5 days prior to the
date of the next meeting.
5.9 No action will be deemed to have been taken by the Operations
Board unless the matter had been subject of a proper motion, which
has been approved by a majority of those members present. The
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last modified: May, 2001
authority to determine whether an action had been taken will be the
approved minutes of the meeting.
5.10 The functions of the Operations Board shall be as follows:
a. Establish rules and policies for the Operations Board's
operation.
b. Development of operational priorities, policies and procedures
for systems development, programming, operations and work
rules.
c. Overall supervision of the Director.
d. Review and recommend for approval the Director's proposed
budget to the Administrative Executive Board.
e. Resolve disputes over Yakima County 911 operations between
user and Yakima County 911 subject to review by the
Administrative Executive Board.
f. Set standards for the delivery of 911 services for Yakima
County.
g. Recommend to the Administrative Executive Board
unbudgeted expenditures.
5.11 At the third quarter's meeting of the Operations Board, the Board
shall take action on the following year's budget for recommendation
to the Administrative Executive Board.
5.12 The Chairperson or their designee may call for an executive session
of the Board for discussion of matters protected under RCW
42.30.110, Executive Sessions. Such session shall strictly follow
the criteria as set forth in RCW 42.30.110 for authorized
discussions.
6.0 PROVISION OF 911 SERVICES: Yakima County, either directly or
indirectly, shall be responsible for providing 911 services to all members.
7.0 BUDGET:
7.1 The Director shall present a proposed budget to the Operations
Board at the September meeting each year. The Operations Board
shall recommend a budget, which budget shall be presented by the
Director to the Administrative Executive Board not later than the
September meeting each year. Thereafter the participating local
entities shall be advised by the Director of the programs and
objectives as contained in said proposed budget, and of the required
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last modified: May, 2001
financial participation, if any, for the ensuing year. No funds shall
be expended until funds have been appropriated by each
participating entity in its annual budget, and as otherwise provided
by law.
7.2 Funds from the telephone excise tax authorized by RCW 82.14B.030
shall be used only for 911 services as permitted by state law.
8.0 PERSONNEL:
8.1 There shall be a Director of Yakima County 911. In the event
Yakima County provides 911 services directly, the Director shall be
appointed by the Administrative Executive Board from a list of three
names recommended by the Operations Board. In the event Yakima
County contracts with another entity to provide 911 services, the
Director shall be selected by the entity providing the services. The
Director shall be selected upon the basis of administrative, financial,
and technical competence.
8.2 The Director
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a. The Director shall be responsible for administration, budget,
personnel, call receiving and transfer, records,
communications, security, and other 911 functions in
conformance with the policies of the Administration and
Operations Boards.
b. The Director shall be responsible to the Operations Board and
shall advise the Operations Board from time to time on all
matters necessary to fully implement the purposes of this
Agreement. The Director shall administer the program in its
day-to-day operations consistent with the policies adopted by
the Administrative board and the Operations Board.
c. The Director shall act as the Finance Officer of the Center and
all disbursements shall have the prior written approval of the
Operations Board. Such Director shall have experience in
technical, financial and administrative fields and such
appointment shall be on the basis of merit only.
d. The Director shall be responsible for reviewing; renewing and
updating required licenses for the operations of Yakima
County 911.
last modified: May, 2001
e. The Director shall offer technical assistance to member and
contract agencies and other entities as authorized by the
Administrative Executive Board. The Director in conjunction
with the Operations Board shall prepare and present a
proposed budget to the Administrative Executive Board in
accordance with the member entities budget timetables.
f. The Director shall have authority to hire and fire all personnel
subject to applicable administrative procedures, personnel
policies, and collective bargaining agreements.
g.
The Director shall actively and continuously 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 recommendation
shall be presented by the Director of the Operations Board.
Any change or deviation from established policy shall have the
prior written approval of the Administrative Executive Board.
8.3 The director and employees who provide 911 services shall be
employees of Yakima County or the entity providing such services in
the event Yakima County contracts with another entity to provide
911 services. The director and employees shall be subject to all
employee and personnel policies of the entity providing such
services and applicable collective bargaining agreements.
9.0 INVENTORIES AND PROPERTY:
9.1 Equipment and furnishings for Yakima County 911 operation shall,
to the extent that the Operations Board determines it to be practical
and efficient, be composed of those items necessary for operations.
9.2 The Director shall, at the time of preparing the proposed budget for
the ensuing year, submit to the Operations Board a complete
inventory together with current valuations of all equipment and
furnishings owned by, leased or temporarily assigned to Yakima
County 911.
9.3 Title to real property purchased or otherwise acquired shall be held
in the name of the Yakima County; provided however, that for
valuable consideration received, Yakima County may convey
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ownership of any such real property as may be directed by a
majority of the Administration Board.
9.4 Each jurisdiction shall be responsible for purchasing, maintaining,
and repairing the equipment necessary to receive calls forwarded
from 911 and retains all rights to such equipment. If equipment
has been purchase using 911 excise tax funds or Federal or State
grants obtained for 911 services, the equipment will be included in
the annual inventory and will be subject to all applicable laws and
conditions as set forth in said grant or RCW 82.14B.030.
10.0 ADMISSION OF NEW MEMBERS:
10.1 Additional public entities in Yakima County may become members
once their legislative authority is certified. Should Yakima County
911 be in a position of having debt services or on-going
assessments, the new member may be subject to pro -rated costs to
equalize their membership with that of existing entities. The
admission of such additional members shall be by written
addendum to this Agreement.
10.2 Additional public agencies or entities outside of Yakima County may
become subscribing members upon such terms and conditions as
agreed to by the Administrative Executive Board. The admission of
such additional subscribing members shall be by written addendum
to this Agreement, with the approval of the Administration Board.
11.0 DISSOLUTION:
11.1 Yakima County 911 can only be dissolved by a majority, written vote
of the entire Administration Board. In the last meeting prior to
dissolution the Administrative Executive Board shall present to the
entire Administration Board a recommendation for disposal of the
assets of Yakima County 911 to include all tangible assets.
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11.2 Upon dissolution of Yakima County 911, equipment purchased by
Yakima County 911 may be purchased by a member at a value to be
determined by action of the Administrative Executive Board.
Property not sold in the foregoing manner shall be disposed of as
provided by RCW 36.34, provided, that equipment purchased with
any Federal or State grant shall be disposed of in accordance with
the terms of the grant and/or applicable law. If no grant or legal
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provisions govern disposition of the proceeds, then such proceeds
shall be divided among the members in proportion to the funds paid
into Yakima County 911 during the term of this Agreement.
12.0 LEGAL ASSISTANCE: The participating jurisdictions agree to furnish
legal assistance. The Administrative Executive Board may contract with
the City Attorney of a participating city or Yakima County legal staff.
13.0 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.
14.0 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
Elections of Yakima County, the Secretary of State, and such other
governmental agencies as may be provided by law.
15.0 AMENDMENTS: Amendments to this Agreement shall only be made by
written agreement of participating jurisdictions.
16.0 TECHNICAL EXPERTISE: Yakima County 911 may provide to any
member technical expertise as may be required for proper operation of
member's communications systems and for procurement of their
communications equipment.
17.0 ARBITRATION: Any controversy between the members in regard to the
application or interpretation of this Agreement shall be submitted to the
Operations Board for resolution. If the Operations Board's action does not
resolve the controversy, it shall be appealed to the Administrative
Executive Board. If the Administrative Executive Board's action does not
resolve the controversy, it may be submitted to the Administration Board,
then to arbitration in accordance with RCW 7.04.
18.0 INDEMNIFICATION: Each member agrees to be responsible and assume
the risk of liability for its own wrongful and/or negligent acts or omissions,
or those of its officers, agents, or employees to the extent that liability
exists, and agrees to save, indemnify, defend and hold the other members
harmless from any such liability.
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19.0 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 affect the validity of any
remaining section, part or provision of this Agreement.
20.0 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.
21.0 HOLD HARMLESS: The parties to the 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, Administrative
Executive Board, Operations Board, Center Director and or staff, while
acting within the scope of their authority under this Agreement shall be
borne by Yakima County 911 exclusively.
22.0 SIGNATURES: Each party to this Agreement shall sign a signature page
in a form required by law to constitute valid execution. Each signature
page shall be titled "YAKIMA COUNTY INTERGOVERNMENTAL 911
AGREEMENT SIGNATURE PAGE FOR (NAME OF ENTITY)".
23.0 ENTIRE AGREEMENT: This document encompasses the entire
Agreement of the members. No understanding or amendment, addendum,
or addition to this agreement shall be effective unless made in writing and
signed by all members.
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SIGNATURES OF PARTICIPATING JURISDICTIONS 8s DATE SIGNED:
Yakima County
City of Yakima
City of Union Gap
City of Selah
Town of Naches
City of Moxee
City of Wapato
Town of Harrah
City of Toppenish
City of Zillah
Town of Granger
City of Sunnyside
City of Grandview
City of Mabton
City of Tieton
***************************************************
SIGNATURES OF PARTICIPATING YAKIMA COUNTY FIRE PROTECTION
DISTRICTS 8s DATE SIGNED:
Fire District No. 1, Cowiche/Tieton
Fire District No. 2, Selah
Fire District No. 3, Naches
Fire District No. 4, East Valley
Fire District No. 5
Fire District No. 6, Gleed
Fire District No. 7, Glade
Fire District No. 9, Naches Heights
Fire District No. 10, Fruitvale
Fire District No. 11, Broadway
Fire District No. 12, West Valley
Fire District No. 14, Nile/Cliffdell
****************************************************
SIGNATURE OF YAKAMA INDIAN NATION & DATE SIGNED:
Yakama Indian Nation Tribal Council
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