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HomeMy WebLinkAbout03/01/2011 08 911 Support Services Agreement Second Amendment BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 44 g Item No. For Meeting Of March 1, 2011 ITEM TITLE: Consideration of resolution authorizing the City Manager to execute a second amendment to the "911 Support Services Agreement" with Yakima County for the provision of 911 services that extends the term of the Agreement to December 31, 2011. SUBMITTED BY: Wayne Wantland, Communications Manager CONTACT PERSONITELEPHONE: Wayne Wantland, 575 -6048 SUMMARY EXPLANATION: Staff is recommending a nine -month extension of the 911 Support Services Agreement between the City of Yakima and Yakima County for the provision of 911 services from March 31, 2011 to December 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 was set to expire on December 31, 2010. Yakima County requested a three -month extension by letter dated October 21, 2010. By Resolution No. 2010 -128, the contract was extended to March 31, 2011. Yakima County has requested another extension of the Agreement to December 31, 2011. This will allow the parties additional time to discuss the Agreement for the provision of 911 services. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Yakima County Commissioners Phone: Funding Source N/A . APPROVED FOR SUBMITTAL: ,��0/./J7 „,,e City Manager STAFF RECOMMENDATION: Staff recommends the City Council adopt the Resolution to authorize the City Manager to execute a second amendment to the 911 Support Services Agreement providing for a nine -month extension of the 911 Support Services Agreement from March 31, 2011 to December 31, 2011. BOARD /COMMISSION RECOMMENDATION: Council Public Safety Committee recommends approval. COUNCIL ACTION: • RESOLUTION NO. R- 2011 • A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Second Amendment to the "911 Support Services Agreement" with Yakima County for the provision of 911 services that extends the term of the Agreement to December 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 five -year Agreement ended on December 31, 2010, and through adoption of Resolution No. 2010 -128 and the execution of an amendment to the Agreement, the Agreement was extended to midnight on March 31, 2011; and WHEREAS, the current Agreement is set to expire at midnight on March 31, 2011, and the parties desire to enter into a Second Amendment to extend the Agreement to midnight, December 31, 2011; 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 second amendment to 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 Second 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, March 31, 2011 to midnight, December 31, 2011. ADOPTED BY THE CITY COUNCIL this day of March, 2011. Micah Cawley, Mayor ATTEST: City Clerk S . • SECOND AMENDMENT TO 911 SUPPORT SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE COUNTY OF YAKIMA, WASHINGTON THIS SECOND 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 further discussions about the Agreement; and WHEREAS, the Agreement previously was extended by agreement of the parties from December 31, 2010, to March 31, 2011; and WHEREAS, the County and City are willing to extend the term of the Agreement from a termination date of midnight, March 31, 2011, to a termination date of midnight, December 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, December 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 Second Amendment shall be filed with the Yakima County Auditor pursuant to RCW 39.34.040. CITY OF YAKIMA COUNTY OF YAKIMA R. A. Zais, Jr., City Manager Rand Elliott, Chairman Date: Date: S . ATTEST: Mike Leita, Commissioner City Clerk Date: City Contract No.: Resolution No.: Kevin Bouchey, Commissioner Date: Constituting the Board of County Commissioners for Yakima County, Washington ATTEST: Deputy Clerk of the Board Dated this day of March, 2011. APPROVED AS TO FORM: Terry Austin, Chief Civil Deputy Prosecuting Attorney of Yakima County • 2 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 etween the CITY OF YAKIMA, a Washington municipal corporation ( "City") and the COUNTY OF YAKIMA, a ashingto•n,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 dateof 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" all remain in full force and effect. A copy of this Amendment shall be filed with the Yakima County Auditor pursuant RCW 39.34.040. CITY OF YAKIMA COUNTY OF YAKIMA - ,/ %�!r ' t1s ' �, Michael D. Leita, Chairman R. A. Zais, Jr., Ci Manager Excused // .. t7 , j • � ' Date: /i ! °` y ` � Kevin Bouchey, Commissioner ATTEST: . Ji /' • ` q rr ° f P2, ['WI( ' . A , k. , ,�o ' lik • - � ^ ` i' . -- ■ I i i r r r J. ' . d Elliott, Commissioner City Clerk ‘ �� \\%\ • '( AKi ,r t / Constituting the Board of County Commissioners \ Dr ^� l CO/, for Yakima County, Washington City Contract No.: .0•07-a( ; • :�CO wg f- G� k a o /ae -_ � 0.0 Resolution No. �� ` ` ' o Ns- •,:��tiTTEST: Tiera L. Girard SOCCto3g' i •;c , C lerk of the Board ii „S ' p �� / /,,,t /rill r u ” �\\\ Dated this ` 1�D day of November, 2010. • APP AS TO FORM: . .0 • j - Prosecuting Attorney of Yakima County ,, 1111 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' 82.14E 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.. 9:11 . 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 n `cessary to fulfill Yakima County's obligation to provide such services as required un ' the Yakima County Intergovernmental 911 Agreement as it now exists, or is hereafter ended and superseded. . 2. "Term. The term of this Agreement shall commence January 1, 2006, and shall terminate at midnight, December 31, 2010, unless terminated at an earlier date by 'either 0 party in accordance with Section 16 of this Agreement. Pg. 1of5 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 9.1.1 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 are . collected, 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: . IIP 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 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: TO CITY: City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO COUNTY: 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 YAKIMA ^ ^tT1TrT<T "T' NE , • T7I K • BOARD OF YAKIMA COUNTY COMMISSIONERS R. A. Zais, City Manager J se S. Palacios, Chairman Date: a Re' .4111 • ichael D. Leita, Commissioner ATTEST: 1(2,%Q,( Ronald F. Gamache, ommissioner City Clerk Attest: Jennifer Adams, Deputy Clerk of the Board oj jytitzen. CITY CONTRAC f NO: 61O69 "•^�/ RESOLUTION NO: A VED A:PTO FORM: Dated this 24 day of , 2006 Ai Mid Deputy 'r ec ting Attorney ,tii I' WW 1111 Of Yaki • County, Washington .�`�� E BOAR 4. x ' ' •, : , /i ail ' /11f1111oN° S Pg. 5 of 5