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HomeMy WebLinkAbout04184 (AF 9901040106) Interlocal Agreement 1 . RECEIVED JAN 11 7999 KATHY L 001040 SKE:: 106 '99 JAN -4 P3 :35 AFTER RECORDING RETURN TO: SKAGIT COUNTY BOARD OF COMMISSIONERS 700 SO. SECOND STREET, ROOM 202 MOUNT VERNON, WA 98273 DOCUMENT TITLE: INTERLOCAL COOPERATION AGREEMENT FOR A COUNTY-WIDE PUBLIC SAFETY COMMUNICATIONS CENTER DATE SIGNED: December 28, 1998 GRANTOR: SKAGIT COUNTY GRANTEE: CITIES COUNTY CONTRACT NO.: 04184 M,: Okay A-tiv,7-&) fiuk 66)- INTERLOCAL COOPERATION AGREEMENT FOR A COUNTY-WIDE PUBLIC SAFETY COMMUNICATIONS CENTER • Aprill3, 199E 01a1.�'= WHEREAS, Chapter 39.34, RCW(Interlocal Cooperation Act) permits Iocal government units to make the most efficient use of their powers by enabling them to cooperate with other agencies on a basis of mutual advantage and thereby to provide services and facilities in a more efficient and effective mariner; and WHEREAS, Skagit County, the Cities of Anacortes, Burlington, Mount Vernon, and Sedro-Woolley, the Towns of Concrete, Hamilton, LaConner and Lyman have agreed to provide consolidated emergency and public safety communications and records services in order to maximize immediate availability and effectiveness of emergency services to the public at minimum costs; and WHEREAS, to these objectives these agencies will be committing themselves by appropriate legislative action; NOW,THEREFORE, upon approval of each of the agencies recited above, in accordance with RCW 39.34.030, parties to this Agreement agree as follows: 1. Establishment of SECOM: A county-wide public safety communications center,called "Skagit Emergency Communications Center", hereinafter referred to as"SECOM", is hereby established in order to provide consolidated answering of enhanced 911 telephone calls as outlined in Skagit County's E-911 plan, as amended. SECOM is established within Skagit County for the purpose of rendering county-wide enhanced 911 call answering and 911 call transfers and associated dispatch functions, as appropriate. 2. Purpose: SECOM shall provide law enforcement, fire and emergency medical services communications support to the signatories of this Agreement and to other contract agencies. SECOM shall provide services by radio and/or telephone. Nothing within this Agreement shall relieve the units, entities, or agencies from their responsibilities to provide their own equipment for receiving communications from SECOM and their own equipment for communication between their pni1.84 own personnel. SECOM will also maintain such records and reports as are necessary for the execution of this Agreement. These reports shall include financial, statistical, and operational information and shall be provided to all parties of this Agreement on a monthly basis. 3. Duration/Withdrawal/Dissolution: The effective date of this Agreement shall be July 1, 1998_ Any agency may withdraw from SECOM by giving written notice by July 1 in any year of its intention to terminate its agreement on December 31 of the same year. SECOM may dissolve effective December 31 of any year by 60% majority vote of all members of the Emergency Management CounciL 4. SECOM To Be Managed By The Skagit County Emergency Management Council: SECOM shall be governed by the Skagit County Emergency Management Council, hereinafter referred to as the"Council"; that is composed of the following elected officials: Mayor of Anacortes, Mayor of Burlington, Mayor of Concrete, Mayor of Hamilton, Mayor of LaConner, Mayor of Lyman, Mayor of Mount Vernon, Mayor of Sedro-Woolley, Board of County Commissioners per County Ordinance#8859 and Interlocal Agreement. The Council shall determine the specific services to be rendered and shall: • Approve policies and procedures related to the operation of SECOM. • • Determine financial responsibility and participating agency costs • Approve the SECOM budget. • Appoint/terminate the SECOM Director. 5. SECOM Director: The SECOM Director shall report to the elected Council presiding officer and be responsible to the Council; shall administer the program and operations consistent with policies adopted by the Council; shall be the Council's financial officer for SECOM, with all disbursements to be approved by the.Council prior to their disbursement; and shall be appointed on the basis of his/her technical and administrative competence. 6. Personnel Policies: The Council shall establish the personnel policies of SECOM_ The Council, by a majority vote of the total membership, shall approve the selection, appointment/termination of the SECOM Director. Additional and subsequent employees shall be 001184 hired and/or terminated by the SECOM Director after examination and selection in a manner approved by the Council. 7. Budget/Participant Contribution: The Council shall consider and give tentative approval to the SECOM annual operational budget prior to September 1 of each year. It shall approve the budget by October 1 of each year. Included in the budget will be the apportionment of financial participation of those participating agencies for the ensuing year_ The allocation of financial responsibility between local governments and agencies for the SECOM operational budget and SECOM capital expenditures, which are used by all services, shall be determined by a formula approved by the Council as stipulated in Appendix "A", attached hereto. • The allocation of financial responsibility between local governments and agencies for service specific capital expenditures shall be funded by the agencies of the specific service that receive the benefit. All taxes authorized and collected in accordance with RCW 82.14B.D3.0 shall be distributed to • SECOM to help defray the operational costs of SECOM, after reimbursement of transitional costs incurred by member agencies and approved by the Council.. 8. • Operations Contracting: The Council may contract for the use of space for its operations and for staff and auxiliary services including but not limited to legal, records, payroll, accounting, purchasing, data processing, facilities, equipment and insurance. 9. Communications Operations Advisory Board: The Communications Operations Advisory Board shall serve in an advisory capacity to the Council on operational issues. The Communications Operations Advisory Board shall be composed of: • Two Law Enforcement Representatives appointed by the Law Enforcement Technical Committee • One Municipal Fire Department Representative appointed by the Fire Technical Committee • One County Fire Department Representative appointed by the Fire Technical Committee • One Emergency Medical Services Representative appointed by the Skagit Emergency Medical Services Council The Communications Operations Advisory Board members shall be elected by their respective 00 al 84 technical committee; Each board member shall have an equal vote in board decisions. The board, at their January meeting,.shall elect a Chairperson and Vice-Chairperson from among its members and shall determine the date, time and location of meetings. A minimum of one regular meeting will be held each month at a time and place convenient to its members. • 10. Technical Committees: There is hereby created three (3) Technical Committees,:whose duty shall be to develop,review, and recommend all policies, procedures, and regulations with regard to the operation of SECOM and the methods to be used by employees thereof in responding to emergency situations pertaining to each committee's discipline. Each committee's recommendations shall be submitted to the Communications Operations Advisory Board who will review and forward the recommendations to Council for final approval The selection method for the Fire Technical Committee representatives shall be by appointment as follows: One eastern and one western representative appointed by the Skagit County Fire . Commissioner's Association; one representative from the Skagit County Fire Chief's Association; one representative from each of the remaining municipal jurisdictions as listed below: • Anacortes Fire Department Representative • Burlington Fire Department Representative • Concrete Fire Department Representative • Hamilton Fire Department Representative • LaConner Fire Department Representative • Mount Vernon Fire Department Representative • Sedro-Woolley Fire Department Representative The selection method for the Emergency Medical Services Technical Committee representatives shall be by appointment with one representative from each of the following as listed below: • Affiliated Health Services Representative • Aero Skagit Emergency Services Representative • • Anacortes Fire Department Medical Representative • County Medical Program Director Representative • Skagit Emergency Medical Services Council Representative (Mal The selection method for the Law Enforcement Technical Committee representatives shall be by appointment with one representative from each of the jurisdictions, as listed below: • Skagit County Sheriff's Department Representative • Anacortes Police Department Representative • Burlington Police Department Representative • Concrete Police Department Representative • LaConner Police Department Representative • Mount Vernon Police Department Representative • Sedro-Woolley Police Department Representative • Swinomish Tribal Police Department Representative • Upper Skagit Tribal Police Department Representative The Technical Committees shall offer recommendations regarding procedures by which services shall be delivered and implemented_ They shall also: • Elect their own Chairpersons • Appoint one alternate for each committee to be available to represent an absent respective board member • Participate in the development and review of all dispatch operating procedures • Meet on a regular basis • Discuss issues affecting their service and make recommendations 11. Operational Enhancements: The SECOM Director, with advice and assistance of the Communications Operations Advisory Board, shall actively consider and evaluate on a continuing basis those associated cooperative opportunities that will enhance the operational effectiveness of law enforcement, emergency medical services, and fire services and benefit the taxpayers and residents of the area served. The recommendations and proposed actions shall be presented by the SECOM Director and the Chair of the Communications Operations Advisory Board to the Council. 12. Additional Services: The Council shall evaluate and determine the appropriateness of the inclusion of additional communications and dispatching services for local governments and others, • 0064.84 when so requested, and shall determine whether and how such services should be provided and the appropriate fees. Approved services shall not include those which detract from the effectiveness of the operations which are primarily intended for the emergency and public safety response objectives of SECOM. 13. Equipment: Equipment, as needed, and in conformance with the approved budget, equipment and furnishings shall be acquired by, and title shall rest with SECOM_ The SECOM Director, at the time of his/her preparation of the proposed budget for the-ensuing year, shall provide the Council with a current and complete inventory, with valuations of equipment and furnishings owned by or assigned to SECOM. • 14. Withdrawal/Dissolution: Upon dissolution, the Council shall disburse all funds held by SECOM, as well as any funds derived from the sale of any property,to the then participating members of SECOM in proportion to the member's percentage of contribution during the year of dissolution. .The E911 equipment and facilities purchased through the state E911 grant would become the property of Skagit County upon.dissolution, inasmuch as the County is held responsible under state law to continue to provide E911 answering services , and the equipment and facilities purchased through the grant are subject to recovery by the state should the county fail to do so. Any party to this Agreen nrwho withdraws as provided in paragraph three (3) shall have no rights to any portion of the SECOM assets by virtue of participation in this lnterlocal Agreement. 15. Operational Interconnects: Each local government shall retain the responsibility and authority for its operational departments, and for such equipment and services as are required at its place of operation to interconnect to the SECOM operations. Interconnecting equipment and services may be provided for in the SECOM budget and operational program 16. Records Access: SECOM shall bear full responsibility for ensuring that the law enforcement data communications network and any criminal history records information received by means of such network shall be.used solely for the purposes of the due administration of the criminal laws or for the purposes enumerated in RCW 43.43, as now or hereafter amended. • 0011.84 SECOM shall establish rules and regulations governing access to, and security for, any criminal justice records information received by means of such network consistent with RCW 43.43. The Law Enforcement Technical Committee shall have the authority to set, and the Council to enforce,priorities and standards for selection and supervision used to process criminal justice information. This Agreement covers the overall supervision of applicable equipment and operation procedures of any criminal history program that may be subsequently designed and implemented by SECOM. 17_ Filing: As provided by RCW 39.34.040, this Agreement shall be filed prior to its entry in force, with the City Clerks of the participating cities, the County Auditor, the Secretary of State, and, if found to be necessary, with the State Office of Community Affairs, as provided by RCW 39.34.120_ 18. Validity: If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudged_ 19. Authority: This Agreement shall be executed on behalf of each party by its authorized representative, and pursuant to appropriate resolution or ordinance of each participating agency. It shall be deemed adopted upon the date of execution by the last so authorized representative. 20. Amendments: This Agreement may be amended by a 60% majority vote of all members of the Council_ 21. Insurance, lndernnificationnand Legal Relations: SECOM, through its annual budget, shall maintain liability and casualty insurance policies as the Council shall determine appropriate. 22. Indemnification: The parties to this Agreement are to share excess liability for claims, losses, or liabilities in excess of the adopted budget for the annual period in which the claims arose on the same percentage basis as their relative financial participation for the budget year in which such claims arose as determined in paragraph seven (7) above. • OW-184 23. Survival of Indemnity: Any party that withdraws its support from SECOM shall by its participation in any budget year, promise to indemnify and hold harmless the remaining parties from any and all excess liability incurred with respect to the operations of SECOM during the budget year(s) in which the withdrawing entity was a party to the Agreement. Whether or not a particular claim, loss or liability arose during a budget year shall be determined based upon the date on which the incident or incidents occurred which gave rise to such liability_ This promise to hold harmless and indemnify shall be limited-to the same percentage proportion of liability determined in accordance with the financial participation of the withdrawing entity by paragraph seven (7) above during the budget year in which the liability arose. 24_ Waiver: Nothing herein shall be deemed to waive the immunities established pursuant to RCW 38.52.180 et. seq. nor to create third party right or liability. NOW, THEREFORE, BE IT RESOLVED THAT THIS AGREEMENT FOR AN Interlocal Cooperative Agreement between Skagit County, the Cities of Anacortes, Burlington, Mount Vernon, Sedro-Woolley, the Towns of Concrete, Hamilton, LaConner, and Lyman, has been reviewed and is recommended fora approval this >pp �` day of , 1998_ BOARD OF COMMISSIONERS SKAGIT COUNTY, WASHINGTON Date ��CVtta(3-8.a' ? I`��{�', •�� _ ROBERT HART, Chairman A�� JJ. Clerk of thoard l` TED W. ANDERSON, Commissioner Reviewed: H VEY WOi.DEN, Commissioner By: 7 MIKE WOODMANSEE Administrative Assistant to the Board of County Commissioners Reviewed: By: DAV EMING, Risk Manager • ooa .84 Approved as t rm o By: Skagi o y D r vting Attorney CITY OF ANACORTES: A I ThST: ��•Q,[y� `, City Clerk DEAN MAXWELL, Ma or Approved as to form only: City ttorney Date CITY OF BURLINGTON: ATTEST: or City City Clerk GUS TJEERSDMA, ayor Ap• ove'. as to .T I my #II4Ø(i /IA s�Att rney P ate TOWN OF CONCRETE: A!'lbST: 01 C-11 ZADOI'CJ1 '' d," City Clerk - Acl; DAVE WILLIAMS, Mayor Approved as to form only: Town Attorney Date TOWN OF'HAMILTON: ATTEST: Town Clerk TIM BATES, Mayor Approved as to form only: t Town Attorney Date 006184. TOWN OF A ONNER: A FFEST: Town Clerk BUD MOORS, Mayor Approved as to form only: Town Attorney Date TOWN OF LYMAN: A ITt.ST: Town Clerk , Mayor Approved as to form only. City Attorney Date CITY OF MOUNT VERNON: ATTEST: City Clerk SKYE K RICHENDRFER, Mayor Approved as to form only: City Attorney Date CITY OF SEDRO-WOOLLEY: ATTEST: r '` Ci. ' Jerk DON D WALLEY, ayor City Attorney Date • Town Attorney Date TOWN OF LACONNER: ATTEST: Town Clerk BUD MOORS,Mayor Approved as to form only: Town Attorney Date TOWN OF LYMAN: ATTEST: Town Clerk , Mayor Approved as to form only: City Attorney Date CITY OF MOUNT VERNON: ATTEST City Clerk S E . RICHEND R, a r Approved a to form only: City Attorney Date CITY OF SEDRO-WOOLLEY: ATTEST: City Clerk DONALD WALLEY, Mayor City Attorney Date r ' APPENDIX"A" TO: Interlocal Agreement for A County-wide Public Safety Communication Center I FORMULA FOR ALLOCATION OF: SKAGIT EMERGENCY COMMUNICATIONS CENTER (SECOM) FINANCIAL RESPONSIBTLTY Financial allocation of the Skagit Emergency Communication Center(SECOM) Annual Operating Budget shall be determined as set forth below: 1. A draft/preliminary Annual Operating Budget shall be calculated not later than August each year for presentation and recommendation in September to the Emergency Management Council. 2. Call volumes for each participating agency, for the past three years, shall be calculated to arrive at a 3 year average Call Volume for each participating agency. 3_ The 3 year average Call Volume shall be used to determine the particular agency's financial responsibility(allocation) of the projected annual operating budget for the forthcoming year. Example: XYZ Police Department (or Fire Department), (or Paramedic Arab) • 1994= 100 calls 1995= 125 calls 1996= 150 calls 375 calls total 3 years divided by 3 = I25 calls average for past 3 years Percentage (%) of Total Operating Budget • 4_ The allocation of financial responsibility for participating agencies shall be re-allocated.each year_ 5. There will be a minimum fee assessed to each participating agency as determined by the Emergency Management Council_