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HomeMy WebLinkAboutR-2006-021 911 Support Services Agreement with Yakima CountyRESOLUTION NO. R-2006- 21 A Resolution authorizing The City Manager to execute 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; and WHEREAS, It is the recommendation of the 911 Operations Board and the 911 Administrative Executive Board to renew said agreement; and WHEREAS, the Board of Yakima County Commissioners have approved and signed said agreement; 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 911 Support Services Agreement with Yakima County. ADOPTED BY THE CITY COUNCIL this 21st day of February 2006. ATTEST: City Clerk Dave E'dler, Mayor 911 SUPPORT SERVICES AGREEMENT THIS 911 SUPPORT SERVICES AGREEMENT, hereafter the "Agreement," is made and entered into by and; between the CITY OF YAKIMA, a municipal corporation, hereinafter the "City," and YAKIMA COUNTY, a municipal corporation, hereinafter "County." WHEREAS, and pursuant to RCW 82.14B and YCC Chapter 3.36, the County collects telephone access line excise taxes for the purpose of funding and providing a 911 emergency service communication system; and WHEREAS, local government entities in Yakima County, Washington have entered into an interlocal agreement with Yakima County entitled "Yakima County Department of Communications Intergovernmental Agreement for 911 Answering Services" for provision of 911 emergency communication services on a county -wide basis to participating members. WHEREAS, the City is willing to provide the County with the necessary support services to efficiently and economically operate said 911 emergency service communication system in accordance with the terms and conditions of this Agreement; and WHEREAS, the Yakima County 911 Administrative Board desires that the County contract with the City for 911 support services in accordance with the terms and conditions of this Agreement. WHEREAS, the Yakima County 911 Administrative Board adopts policies particular to 911 services. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the County as follows: 1. Scope of Services. The City shall provide the County and Yakima County 911 with the necessary support services to efficiently and economically operate the 911 emergency services communication system within Yakima County. Said 911 support services shall include but are not limited to the following: administration, supervision, personnel, equipment, and materials necessary to fulfill Yakima County's obligation to provide such services as requiredi under the Yakima County Intergovernmental 911 Agreement as it now exists, or is hereafter amended and superseded. 2. Term. The term of this Agreement shall commence January 1, 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 each year of this Agreement. The budget shall reflect the City's estimated, anticipated, and projected administration, operating, labor, capitol, and self-insurance costs and expenditures necessary to provide 911 support services required hereunder. The City shall expend the funds received hereunder in accordance with the annual budget approved by the Yakima County 911 Administrative Board. 4. Consideration. In consideration of the City's providing 911 support services, the County agrees to provide the City with an annual amount equal to the annual 911 support 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: 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 parry 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: 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 Date: -../-.//0b ATTEST: City Clerk CITY CONTRAC r NO:CC" / RESOLUTION NO: NO:? Rao6 - ? I !'1l17 TT►T ' 7 !1T '7 ♦ i7T1 if BOARD OF YAKIMA COUNTY COMMISSIONERS se S. Palacios, Chairman Michael D. Leita, Commissioner Ronald F. Gamache, ommissioner Attest: Jennifer Adams, Deputy Clerk of the Board Dated this 2 day of , 2006 0 FORM: eput ` . ec . ing Attorney Of Ya i a County, Washington Pg. 5 of 5 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5C 9 For Meeting Of February 21, 2006 ITEM TITLE: 911 Support Services Agreement SUBMITTED BY: Wayne Wantland (- CONTACT PERSON/TELEPHONE: Wayne Wantland/ 575-6048 SUMMARY EXPLANATION: We have beforeyou a renewal of the 911 Support Services Agreement between the City of Yakima and Yakima County for the provision of 911 services. The City has been providing these services for nearly ten years and this contract will extend that for another five. There are no changes in the contract other than the dates and the signature page. Should changes take place within this five year term in regards to the way 911 services are provided, the agreement has a provision for a 30 -day termination by either party. Resolution Ordinance Other (Specify) Contract X Mail to (name and'''address):Yakima County Commissioners Phone: Funding Source N/A APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Staff recommends the Council authorize the City Manager to execute the agreement. BOARD/COMMISSION RECOMMENDATION: The 911 Operations & Administrative Board and the Board of County Commissioners have already approved the renewal of the agreement. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-21