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AG 20-074 - Valley Comminications RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Law\Civil 2. ORIGINATING STAFF PERSON: Ryan Call EXT: 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL L OTHER Memorandum of understanding 5. PROJECT NAME: MOU between Valley Communications and City for Puget Sound Emergency Radio Network("PSERN") 6. NAME OF CONTRACTOR: ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION$ -0- (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: "I" 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) M LAW 4/21/2020 R.Call 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 5/512020 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) IN I IA1-'D 1I E SIGF\FD It LAW DEPARTMENT IIQ 1-10,b A SIGNATORY(MAYOR OR DIRECTOR) LTJ CITY CLERK A ASSIGNED AG# A(-,-,".—..�, � �` 7 COMMENTS: 2/2017 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into among the cities of Auburn, Federal Way, Kent, Renton, and Tukwila, the five member cities that formed Valley Communications Center, a Governmental Administrative Agency created by interlocal agreement under Chapter 39.34 RCW (Valley Com). RECITALS A. Valley Com is responsible for the ownership, operation and maintenance of various elements in the current King County Emergency Radio Communications System (KCERCS), a voice radio system that has been in existence since 1993 and is increasingly unsupported by the supplier of the system's equipment, software, and related repairs. B. Valley Com, King County, the city of Seattle, and the Eastside Public Safety Communications Agency (EPSCA) determined that it is in the public interest to implement a new public safety radio system, the Puget Sound Emergency Radio Network (PSERN), that will provide public safety agencies and other user groups in the region with improved coverage and capacity, as well as uniformly high-quality emergency radio communications. C. The costs of implementing the PSERN system are financed through a funding measure approved by voters at the April 2015 election, and the above-mentioned parties then executed a separate implementation agreement ("Implementation Period ILA") that designated King County to be the lead agency to plan, procure, finance, and implement the PSERN system with the oversight of a joint board established pursuant to the Implementation Period ILA. Valley Com's Executive Director has represented the Valley Com member cities on this joint board, reporting back to the Valley Com Administration Board, which is comprised of the five mayors from Valley Com's member cities. D. The Implementation Period ILA contemplates creation of a new separate governmental agency under RCW 39.34.030(3)(b) that is organized through an interlocal agreement as a non-profit corporation under the Interlocal Cooperation Act (Operator ILA). Once formed, this agency will assume the ownership and control of PSERN during its useful life. Just as with the Implementation Period ILA, the Operator ILA will be subject to oversight by a Board of Directors, comprised of one representative each from King County, Seattle, the Valley Com member cities, and the EPSCA member cities. E. Under the Operator ILA, Section 4.2.1.4, the Valley Com member cities' representative will be selected from one mayor or city manager or his/her designee representing the Cities of Auburn, Federal Way, Kent, Renton and Tukwila. The Operator ILA also provides that the Valley Com member cities retain the right to determine who will represent them on the PSERN Board of Directors. The purpose of 1 this MOU is to designate the manner in which the five Valley Com member cities will select its representative. NOW, THEREFORE, the Valley Com member cities agree to the above Recitals and the following: AGREEMENT 1. The five Valley Com member cities authorize the Valley Com Administration Board to select their representative on the PSERN Board of Directors at the times and within the constraints established in the Operator ILA. To be eligible to represent the Valley Com member cities, the selected representative must be a mayor from one of the member cities. It is understood, but not required, that the Valley Com Executive Director may act as the representative's designee on a full-time or an occasional basis, or the representative may select any other alternate or designee when needed, as provided in the Operator ILA. 2. Selection of the Valley Com member cities' representative for the PSERN Board of Directors shall be only by supermajority vote of the full Valley Com Administration Board. The regular term of the selected representative shall be two year(s) commencing on January 1 of even numbered years and ending December 31 of odd numbered years. 3. The Valley Com member cities' representative on the PSERN Board of Directors and his/her designee, will comply with all the rights, obligations, and limitations provided to PSERN Board members through the Operator ILA and this MOU. 4. The Valley Com member cities' representative on the PSERN Board of Directors must, at each regular Valley Com Administration Board meeting, report to the Administration Board on PSERN's current operational status. The Valley Com member cities' representative must, whenever possible and practical, brief the Valley Com Administration Board on issues the representative determines to be material before voting on those matters as a PSERN System Board member. 5. Before voting on any PSERN matter that (a) materially expands the scope of the PSERN system, (b) that materially increases the operational cost of the PSERN System, (c) or that materially amends the Operator ILA, the Valley Com member cities' representative on the PSERN System Board of Directors must brief the Valley Com Administration Board for direction and must vote as a PSERN Board member in accordance with that direction, which must be provided by at least a majority vote of the full Valley Com Administration Board. 6. Notwithstanding the preceding Paragraph 5, the Valley Com member cities' representative, or designee, shall not vote to amend the Operator ILA on matters requiring legislative approval under Section 15.13.1 of the Operator ILA without affirmative authority from each cities' governing body. 2 6. This MOU will terminate upon the earlier of the expiration or termination of the separate non-profit governmental agency formed under the Interlocal Cooperation Act through the Operator ILA or a Valley Com member city's withdrawal from Valley Com, unless terminated earlier by unanimous agreement from the five Valley Com member cities. 7. This MOU will take effect on the last date signed below. IN WITNESS, the authorized representatives of the Valley Com member cities have signed their names and indicated the date of signing in the spaces provided below. CITY OF AUBURN CITY OF FEDERAL WAY Name Name: Jim Ferrell Title Title: Mayo Date Date ; e?/ :;� Attest: Attest: City Clerk Cit_y)Cierk, Stephanie Cor ney, CMC Approved as to Form: Approved as to Form: 2Nzow— City Attorney City Attorney, J. Ryan Call 3 CITY OF KENT CITY OF RENTON Name Name Title Title Date Date Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF TUKWILA Name Title Date Attest: City Clerk Approved as to Form: City Attorney 4