HomeMy WebLinkAboutR-2010-128 911 Support Services Agreement with Yakima County; Amendment No. 1A RESOLUTION
RESOLUTION NO R-2010-128
authorizing and directing the City Manager of the City of Yakima to
execute an amendment to the "911 Support Services Agreement" with
Yakima County for the provision of 911 services that extends the term of
the Agreement to March 31, 2011
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, the term of the current five-year Agreement ends on December 31, 2010,
and the parties desire to enter into discussions about the Agreement and extend the Agreement
to midnight, March 31, 2011, and
WHEREAS, the Board of Yakima County Commissioners have approved the attached
amendment to the Agreement on November 16, 2010; 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 execute said 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 amendment to the
"911 Support Services Agreement" with Yakima County for the provision of 911 services that
extends the term of the Agreement from midnight, December 31, 2010 to midnight, March 31,
2011
ADOPTED BY THE CITY COUNCIL this 16th day of November, 2010
ATTEST
&J-6-z_oLki
Micah Cawley, May
AMENDMENT TO 911 SUPPORT SERVICES AGREEMENT BETWEEN
THE CITY OF YAKIMA AND THE COUNTY OF YAKIMA, WASHINGTON
THIS AMENDMENT TO THE 911 SUPPORT SERVICES AGREEMENT is made and entered into by and
between the CITY OF YAKIMA, a Washington municipal corporation ("City") and the COUNTY OF YAKIMA, a
Washington State political subdivision ("County").
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 County and City desire to enter into discussions about the Agreement; and
WHEREAS, the County and City are willing to extend the term of the Agreement from a termination date of
December 31, 2010, to a termination date of midnight, March 31, 2011.
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:
Section 2 entitled "Term" of the attached and incorporated "911 Support Services Agreement" between the City of
Yakima and Yakima County is amended to read as follows:
2. Term. The term of this Agreement shall commence January 1, 2006, and shall terminate at midnight,
March 31, 2011, unless terminated at an earlier date by either party in accordance with Section 16 of
this Agreement.
Except as expressly modified herein, all other terms and conditions of the attached "911 Support Services Agreement"
shall remain in full force and effect. A copy of this Amendment shall be filed with the Yakima County Auditor pursuant
to RCW 39.34.040.
CITY OF YAKIMA
R. A. Zais, Jr., Ci Manager
/Il !9/
Date:
City Contract No.: o ZVc 9J
Resolution No. -ao/4,ar
COUNTY OF YAKIMA
Michael D. Leita, Chairman
Excused
Kevin Bouchey, Commissioner
twor
J.I'd Elliott, Commissioner
,,‘\\. y 1Y AKli �"1 /,, Constituting the Board of County Commissioners
0 of .il 9 o for Yakima County, Washington
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o �. ; t :. '...f. fTTEST: Tiera L. Girard S OCC tAg-l'e»
%�s , ... ��ci;..lerk of the Board
//1////1 i 11 \\ `� \ Dated this \\O day of November, 2010.
314,
APP AS TO FORM:
(jam YL
Prosecuting Attorney of Yakima County
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1Z�
Item No. '1/
For Meeting Of November 16, 2010
Consideration of resolution authorizing the City Manager to execute an
amendment to the "911 Support Services Agreement" with Yakima County
for the provision of 911 services that extends the term of the Agreement to
March 31, 2011.
SUBMITTED BY: Wayne Wantland, Communications Manager
Helen Harvey, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Wayne Wantland, 575-6048
SUMMARY EXPLANATION: Staff is recommending a proposed three-month extension of the
911 Support Services Agreement between the City of Yakima and Yakima County for the
provision of 911 services from December 31, 2010 to March 31, 2011. The City has been
providing these services for fifteen years, and the current Agreement's five-year term
commenced in January 2006 and is set to expire on December 31, 2010. Yakima County
requested a three-month extension in the enclosed letter dated October 21, 2010. Because of
the year-end workload both agencies are experiencing and the future of the excise tax under
RCW 38.52.540 and 82.146.030 which is still being considered, it is in the best interests of
both parties and the public to extend the current contract until March 31, 2011. This will allow
the parties additional time to discuss the future Agreement for the provision of 911 services.
Resolution Ordinance Other (Specify)
Contract X Mail to (name and address): Yakima County Commissioners
Phone:
Funding Source N/A
APPROVED FOR SUBMITTAL:
•• 1 City Manager
STAFF RECOMMENDATION: Staff recommends the City Council adopt the Resolution to
authorize the City Manager to execute an amendment providing for a three-month extension
of the 911 Support Services Agreement from December 31, 2010 to March 31, 2011.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:4441441442:A2 i- 07010 --/0J
incersieOuverr
James P. Hagarty
Prosecuting Attorney
Corporate Counsel Division
128 North Second Street, Room.211
Yakima, WA 98901
Phone: (509) 574-1200 Fax: (509) 574-1201
Web Site: httirt/co.yakixna.wa.usipai
Chief Civil Deputy
Terry D Austin
Deputies
Daniel D Clark
Paul E. Mcflrath
Lawrence A. Peterson
Stefanie J. Weigand
October 21, 2010
Richard A. Zais, City Manager
City of Yakima
129 N Second Street
Yakima, WA 98901
RE. 911 Support Services Agreement
Dear Mr Zais:
The Board of Yakima County Commissioners has asked that I write you concerning the
911 Support Services Agreement between the City and County. As you may know, the current
Oagreement will expire on December 31, 2010 In light of this very short time frame and the
pressing business facing both governments at year's end, the County is requesting that
discussions with the City conceming the continuation of the agreement be scheduled as soon as
possible. Commissioner Rand Elliott will be the County's lead in this matter
We lookforward to fruitful discussions and continued collaboration with the City in
providing this vital service. Please let me know how you would like to proceed
VparcrriTairs
e ti
Chief Civil Deputy Prosecuting Attorney
cc: Board of Yakima Count Commissioners
Jeff Cutter, Yakima City Attorney
Wayne Wantland, Suncom Director
•
•
•
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911 SUPPORT SERVICES AGREEMENT
THIS 911 SUPPORT SERVICES AGREEMENT, hereafter the "Agreement,"
is madeand 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 continence January 1, 2006, and shall
terminate at midnight, December 31, 2010, unless terminated at an earlier date by either
party in accordance with Section 16 of this Agreement,
Pg. 1 of 5
3. Annual Budget. The City shall prepare in conjunction with the Yakima County
911 Administrative Board a budget for eachyearof 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
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 arecollected by the County pursuant to RCW 82.14B and
YCC Chapter 3.36 during the term of this Agreement; providing, 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
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.
Pg. 2 of 5
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.
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.
Pg. 3 of 5
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 of 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 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 thirty (30) days written notice of termination to the other party
and the Yakima County 911 Administrative Board and the Yakirna 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:
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)
Pg. 4 of 5
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 of 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.
CITY OF YAKIMA
B3.s
R. A. Zais, ity Manager
Date: --°15-
ATTEST:
0:3ATTEST:
2
City Clerk
CITY CONTRAC f NO:
RESOLUTION NO:
0a(0-.7/
a/
VED A:1TO FORM:
J.
Deputy 'r• ec ting Attorney
Of Yaki . County, Washington
/+AiTOimt 7 AT 117 • 777A if
BOARD OF YAKIMA COUNTY COMMISSIONERS
se S. Palacios, Chairman
ichael D. Leita, Commissioner
op✓CL
Ronald F. Gamache, ommissioner
Attest: Jennifer Adams, Deputy Clerk of the Board
Dated this day of
Pg. 5 of 5
, 2006