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HomeMy WebLinkAboutR-1995-184 SUNCOM ManagementRESOLUTION NO. R-95-181 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Yakima County whereby the City of Yakima Fire Department will undertake SUNCOM management/supervisory duties for one year. WHEREAS, the Yakima County Department of Communications (hereinafter SUNCOM) has been operating without a director, and WHEREAS, this situation has resulted in the need for management personnel to update and revise the State E-911 Communications Plan, develop a Regional Communications Plan, direct work activities, monitor employee performance, insure compliance with established policies and procedures, handle complaints, provide recommendations for corrective actions, direct the filling of vacant positions, and perform planning and administrative activities; and WHEREAS, the C'lunty previously employed the, City of Yakima Fire Department to undertake the above SUNCOM management/supervisory duties for the time period of January 1, 1995 through December 31, 1995; and WHEREAS, the Coax-ity desires to continue employment of the City of Yakima Fire Department to undertake the above SUNCOM management/supervisory duties for the time period of January 1, 1996 through December 31, 1996 in accordance with the terms and conditions of the attached Agreement; and WHEREAS, the City Council has determined th2t it is in the best interest of the City to enter into an agreemei ` with Yakima County whereby the City of Yakima Fire Department will perform the bove SUNCOM management/supervisory duties in accordance with the terms and coi:iiitions of the attached Agreement, now, therefore, BE IT RESOLVED BY THE C1?Y COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached Agreement with Yakima County whereby the City of Yakima Fire Department will perform certain SUNCOM management/supervisory duties for the time period of January 1, 1996 through December 31, 199 ADOPTED BY THE CITY COUNCIL this .L1 day of (i—�`�, rev' , 1995. ATTEST: Mayor City Clerk (1s)res/suncom.pm AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF YAKIMA, hereinafter the "City," and YAKIMA COUNTY, hereinafter "County." WHEREAS, the Yakima County Department of Communications, hereinafter "SUNCOM" has been operating without a director for some time. WHEREAS, this situation has resulted in the need for management personnel to update and revise the State E-911 Plan, develop a County -wide E- 911 System, direct work activities, monitor employee performance, insure compliance with established policies and procedures, handle complaints, provide recommendations for corrective actions, direct the filling of vacant positions, and perform planning and administrative activities. WHEREAS, the County desires to contract the City of Yakima to undertake the above SUNCOM management/supervisory duties for the time period of January 1, 1996 through December 31, 1996 in accordance with the terms and conditions stated herein. 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 agrees that the City Fire Department shall perform the following SUNCOM management/supervisory duties: A. Assist with the development and implementation of E-911 Regional Communications Plan; B. Update and revise State E-911 Regional Communications Plan; C. Provide training and orientation of new employees regarding all aspects of the operation of SUNCOM; D. Establish standards of performance, selection, training, rewarding, and discipline of all SUNCOM positions; E. Supervise the day-to-day operations of SUNCOM, including assisting with scheduling, directing work activities, monitoring employee performance, and ensuring compliance with established County employee and personnel policies and procedures and applicable collective bargaining agreements; F. Subject to consent of SUNCOM Administrations Board, assign personnel to fill positions of SUNCOM Director and SUNCOM Communications Supervisor; G. Select personnel to fill vacant SUNCOM positions; Page 1 of 4 (1s)agr/suncom hldhrmless pm H. Ensure SUNCOM work is administered in accordance with the policies adopted by the SUNCOM Operations Board; I. Review SUNCOM operation policies and procedures, identify deficiencies, and recommend changes to improve efficient, effective, and economical SUNCOM operation; J. Establish procedures to ensure standards are maintained in the administration of the SUNCOM database; K. Act as liaison between SUNCOM and various public and private agencies, including, but not limited to, the Washington State Patrol ACCESS System, the Federal Communications Commission, and various communications companies; L. Act as liaison between SUNCOM and the Office of Emergency Management to coordinate emergency communications plans and preparedness in the event of emergency/disasters; M. Provide technical advice to user and non -user agencies on system design, equipment selection, and system expansion; N. Request and coordinate technical and maintenance support for the E-911 System and all related emergency communications equipment; O. Oversee the contracted technical maintenance of SUNCOM's entire communications -related inventory; P. Research viability of utilizing new components to expand capabilities of existing SUNCOM E-911 System; Q. Prepare and maintain records and reports to be used for cost breakout and informational data; R. Prepare and present annual budget proposals to the SUNCOM Operations Board; S. Review and renew required licenses for SUNCOM operation; and T. When requested, provide necessary court testimony in SUNCOM matters of communications, tape productions, etc. 2. Consideration. In consideration of the City's performance of the terms and conditions of this Agreement, the County agrees to pay the City a sum of Forty -Eight Thousand Dollars ($48,000.00). Payment shall be made in twelve (12) monthly installments of Four Thousand Dollars ($4,000.00) each. The City shall submit monthly invoices/billings to the Chairman of the SUNCOM Page 2 of 4 (1s)agr/suncom hldhrmless pm Operations Board. The County shall make the required monthly disbursement to the City within twenty (20) days after receiving said invoices/billings. 3. Indemnification. The County agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attorneys' fees and disbursements) arising directly or indirectly from or out of, relating to, or in any way connected with activities undertaken by the City pursuant to this Agreement, except claims or suits arising from or alleging intentional tortious conduct by City officials, employees, or agents. 4. Term. The term of this Agreement shall commence and be retroactive to January 1, 1996, and terminate on December 31, 1996. 5. Nondiscrimination Provision. During the performance of this Agreement, the City shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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. 6. Termination. The City or County may terminate this Agreement, with or without cause, by giving ten (10) days written notice of termination. 7. 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. 8. Integration. This written document constitutes the entire agreement between the City and County. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 9. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO COUNTY: Page 3 of 4 (1s)agr/suncom hldhrmless pm Fire Chief Yakima City Fire Department 401 North Front Street Yakima, WA 98901 Board of County Commissioners Room 406 County Courthouse Yakima, WA 98901 Doug D. Blair, Chairman SUNCOM Operations Board Yakima County Sheriffs Office P.O. Box 1388 Yakima, WA 98907 Don Hughes, Chairman SUNCOM Administrative Board c/o City of Sunnyside 818 East Edison Sunnyside, WA 98944 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 11. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 12. Attorney's Fees. In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney's fees. 13. 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. EXECUTED this o day of .. ,/ -' A 1.e, 199? . f CITY OF YAKIMA By: . Dick Zais, City Manager ATTEST: StAhe., City Clerk aa r CITY CONTRACT NO. �1 ' Page 4 of 4 (1s)agr/suncom hldhrmless pm COUNTY OF YAKIMA By: Bv: Bettie Ingham, Chair Bod of County Com .'ssioners sioner Bill Flower, Commissi ATTEST: Clerk e r3USINESS OF THE CITY COL_ .:IL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 23 For Meeting of: 12/19/95 ire Chief i'1'EM 1'11'LE: SUNCOM Management / SS pervisory Services Contract -F SUBMI l l hD BY: K. Alan Chr oniste CONTACT PERSON/TELEPHONE: Wayne Wantland/575-6048 SUMMARY EXPLANATION: The current SUNCOM Management Contract expires 12/31/95. It is in the best interest of the City to continue the Contract for a "month to month period of time," until a final decision is made regarding the permanent provisin of 911 services. This Contract will generate a continued $4,000 a month. X Resolution Ordinance Contract Minutes Plan/Map Notification List Other (Specify) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve as submitted. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-95-184