AG 00-090 - VALLEY COMMUNICATIONS
I DATE OUT: I TO:
CITY OF FEDERAL WAY LAW DEPARTMENT
DATE IN:
REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1. ORIGINATING DEPT./DIY: FEDERAL WAY POLICE DEPARTMENT
2. ORIGINATING STAFF PERSON :ANDY HWANG I LYNETTE ALLEN EXT: 6717 I 6701 3. DATE REQ. BY: ~ Jf~ r"r t !J1J
d~8"
4.
TYPE OF DOCUMENT REQUESTED (CHECK ONE)
D PROFESSIONAL SERVICE AGREEMENT
D MAINTENANCE/LABORAGREEMENT
D PUBLIC WORKS CONTRACT
D SMALL PUBLIC WORKS CONTRACT
(LESS THAN $200,000)
D PURCHASE AGREEMENT)
(MA TERlALS, SUPPLIES, EQUIPMENT)
D REAL ESTATE DOCUMENT
(E.G., RFB, RFP, RFQ)
D CONTRACT AMENDMENT
D CDBG
D OTHER
5. PROJECT NAME: Ratification of 1 st Amendment to VCC's Governine: Interlocal Ae:reement
6. NAME OF CONTRACTOR:
ADDRESS: TELEPHONE
SIGNATURE NAME: TITLE
7. ATTACH ALL EXHIBITS AND CHECK BOXES D SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT
[J INSURANCE CERTIFICATE D DOCUMENT AUTHORIZING SIGNATURE
8.
TERM: COMMENCEMENT DATE: WHEN AGREEMENT IS SIGNED
COMPLETION DATE: ON-GOING
9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: DYES D NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES D NO IF YES, $ PAID BY: D CONTRACTOR D CITY
10.
11.
CONTRACT REVIEW
D PROJECT MANAGER
F7DIRECTOR
D RISK MANAGEMENT
~LAW
INITIAL/DATE APPROVED
INITIAL/DATE APPROVED
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CONTRACT SIGNATURE ROUTING
gaLAW DEPARTMENT
D CITY MANAGER
D CITY CLERK
D SIGN COPY BACK TO ORG
D ASSIGNED AG#
D PURCHASING: PLEASE CHA
INITIAL/DATE APPROVED
COMMENTS
FIRST AMENDMENT TO VALLEY COMMUNICATIONS CENTER
INTERLOCALAGREEMENT
RECITALS
A. The undersigned municipal corporations, Auburn, Federal Way, Kent,
Renton and Tukwila, the "Member Cities" which compose the Valley
Communications Center ("VCC") entered into an Interlocal Agreement ("VCC
Interlocal Agreement") on or about April 17, 2000, that sets forth certain
provisions, rights and obligations among the Member Cities.
B. The Valley Regional Fire Authority ("VRFA") is a new Regional Fire
Protection Service Authority formed to provide fire and emergency medical services
within its jurisdictional boundaries which boundaries include the City of Auburn.
C. The VCC Interlocal Agreement permitted the City of Federal Way to
enter into a further interlocal agreement with King County Fire Protection District
No. 39 for purposes of providing fire and emergency medical services dispatch via
the City of Federal Way's membership in VCc.
D. The City of Auburn now seeks to enter into an interlocal agreement
with VRFA and VCC for the same purpose and in the same manner.
E. The City of Federal Way seeks to have VCC recognize King County Fire
Protection District No. 39 as the Federal Way Fire Department's successor in
interest for all purposes under this Agreement.
NOW, THEREFORE, in consideration of the mutual rights and obligations
established in the Amendment, the Member Cities hereby agree as follows:
AGREEMENT
1. The following provisions are hereby added to the VCC Interlocal
Agreement:
Per Auburn City Council Resolution 4091 and subsequent
approval by public vote, fire protection and emergency medical
services previously provided by the City of Auburn became the
responsibility of VRFA, a Regional Fire Protection Service
Authority, which subsequently began providing fire protection
and emergency medical services to the City of Auburn effective
January 1, 2007. VCC acknowledges VFRA will function as do
the other Member City Fire Departments, for purposes of its
representation on the Operating Board and for purposes of
calculating and remitting payment for dispatch services.
First Amendment to Interlocal Agreement
Page 1 of 5
(February 27, 2008)
It is acknowledged that King County Fire Protection
District No. 39 is the successor in interest to all rights and
obligations of the Federal Way Fire Department and will be
recognized as such for all purposes under this Agreement.
2. The other terms of the VCC Interlocal Agreement shall remain the
same and shall be in full force and effect.
3. This Amendment may be executed in any number of counterparts,
each of which shall be an original, but those counterparts will constitute one and
the same instrument.
4. This Amendment shall be effective upon the last date of execution.
IN WITNESS WHEREOF} the undersigned hereby affix their hands and seals.
CITY OF KENT, WASHINGTON
CITY OF TUKWILA, WASHINGTON
By:
Print Name:
Its:
Date:
By:
Print Name:
Its:
Date:
CITY OF AUBURN, WASHINGTON
CITY OF RENTON, WASHINGTON
By:
Print Name:
Its:
Date:
By:
Print Name:
Its:
Date:
CITY OF FEDERAL WAY, WASHINGTON
By:
Print Name:
Its:
Date:
(Notary Acknowledgments Appear on Next Page)
P: \ Ci v i I \Fi les\O penFi i es \0 2 4 7\Fi rstAmend menU nteriocalAg reement. d oc
First Amendment to Interlocal Agreement
Page 2 of 5
(February 27, 2008)
STATE OF WASHINGTON )
COUNTY OF KING )
ss.
I hereby certify that on the day of , 200_, I
know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he is authorized to execute the instrument on behalf
of the CITY OF KENT as its , and such execution to be
the free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
NOTARY PUBLIC, in and for the State of Washington
residing at
My appointment expires
STATE OF WASHINGTON )
COUNTY OF KING )
ss.
I hereby certify that on the day of , 200_, I
know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he is authorized to execute the instrument on behalf
of the CITY OF TUWKILA as its , and such execution
to be the free and voluntary act of such party for the uses and purposes mentioned
in the foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
NOTARY PUBLIC, in and for the State of Washington
residing at
My appointment expires
First Amendment to Interlocal Agreement
Page 3 of 5
(February 27, 2008)
STATE OF WASHINGTON )
COUNTY OF KING )
ss.
I hereby certify that on the day of , 200_, I
know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he is authorized to execute the instrument on behalf
of the CITY OF AUBURN as its , and such execution to
be the free and voluntary act of such party for the uses and purposes mentioned in
the foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
NOTARY PUBLIC, in and for the State of Washington
residing at
My appointment expires
STATE OF WASHINGTON )
COUNTY OF KING )
ss.
I hereby certify that on the day of , 200_1 I
know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he is authorized to execute the instrument on behalf
of the CITY OF RENTON as its , and such execution to
be the free and voluntary act of such party for the uses and purposes mentioned in
the foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
NOTARY PUBLIC, in and for the State of Washington
residing at
My appointment expires
First Amendment to Interlocal Agreement
Page 4 of 5
(February 27, 2008)
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that on the 11~q.ay of l).A 1l'V / , 200&., I
know or have satisfactory evidence that N[{jJ 0eL.,g' --- is the person
who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he is authori doe cute the instrument on behalf
of the CITY OF FEDERAL WAY as its ana. , and such
execution to be the free and voluntary act of s party fo he uses and purposes
mentioned in the foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day an~\~\ea.!i,fj,~st above writte
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First Amendment to Interlocal Agreement
Page 5 of 5
(February 27, 2008)
Ta:
OF FEDERAL WAY LAW DEPARTMENT
CT PREPARATION/DocUMENT REVIEW/SleNATURE ROUTING SLIP
2.
NATING DEPT./D
FEDERAL WAY
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3. DATE REQ. By:
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4. TYPE aF" DaCUMENT REQUESTED (CHECK aNE):
o PROF'ESSIONAL SERVICES AGREEMENT
o MAINTENANCE/LAs OR AGREEMENT
o PUSLIC WORKS CONTRACT
o SMALL PUSLIC WORKS CONTRACT
(Le.. THAN ...,aaot
o PURCHASE AGREEMENT
(MATeR'A"', .u....UII:.. E"U...MII:NT)
o SECURITY DOCUMENT
eLg_, A..ceMENT ... ~1I:"""tl4""N .aND; A..,IINMCNT 0,. ,"UNO. IN LIEU OP' BOND'
o CONTRACTOR SELECTION DOCUMENT
(e.II., ....., ..,.,., R"~)
D CONTRACT AMENDMENT AG#:
o EASEMENT
YaTHER XV\ +ev loc.uJ/
o REAL ESTATE PURCHASE & SALES AGREEMENT
ADDRESS:
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5. PRD.JECT NAME:
6. NAME OF' CONTRACTOR:
TYPE aF" PERsaN DR ENTITY (CHECK ONE):
o INDIVIDUAL
D PARTNERSHIP
o -'OLE PROPRIETORSHIP
)irC ORPORATION
STATE:
TAX ID#/SS#:
SIGNATURE NAME:
TITLE:
7. SCOPE OF' WORK: ATTACH EXHISIT A . A COMPLETE AND DETAILED DESCRIPTION OF" THE SERVICES DR SCOPE OF'
WORK, INCLUDING COMPLETION DATES F"OR EACH PHASE OF' WORK AND LOCATION OF" WORK.
B. TERM: COMMENCEMENT DATE:
COMPLETION DATE:
9. TOTAL COMPENSATION: $
(INCLUDES EXPENSES AND SALES TAX, IF" ANY)
UP" CALCULATED ON HDUIIILY .......a.. QH"'''lIe . ATTACH .CHItDULIt. a,. c.....LCJYCc. TIT....t. AHD HaUR.L.Y RATe..
REIMBURSABLE EXPENSES:
DYES
oNo
IF' YES, MAXIMUM DOLLAR AMOUNT: $
Is SALES TAX OWED?
DYES
D No
IF' YES, $
PAl D BY:
D CONTRACTOR
DCITY
10. SELECTION PROCESS USED (CHECK ONE):
D REQUEST F'OR SIDS
D REQUEST F'OR PROPOSALS
D REQUEST F'OR QUOTES
D REQUEST F'OR QUALIF'ICATIONS
D ARCHITECT & ENGINEER LIST
D SMALL WORKS ROSTER
1 1. CONTRACT REVIEW
INITIAL/DATE ApPROVED
. ~RECTOR
~w (ALL CONTRACTS)
"ii1\RISK MANAGEMENT
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12. CONTRACT SIGNATURE ROUTING
INITIAL/OATE ApPROVED
~LAW DEPARTMENT
~ CITY MANAGER
,...er'CITY CLERK
D SIGNED COPY SACK TO ORIGINATING DEPT.
o ASSIGNED AG # ~ C)~~
o PURCHASING: PLEASE CHARGE TO:
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VALLEY COMMUNICATIONS CENTER INTERLOCAL AGREEMENT
THIS AGREEMENT is entered into among the undersigned municipalities, the cities
of Auburn, Federal Way, Kent, Renton, and Tukwila, all of which ~e municipal corporations
under the laws and statutes of the State of Washington (the "Member Cities").
RECITALS
WHEREAS, the undersigned municipal corporations have established and maintain
a consolidated emergency services communication center, known as the "VALLEY
COMMUNICATIONS CENTER" ("ValleyCom"); and
WHEREAS, this agreement is formed to be consistent with the provisions and terms
ofthe "Interlocal Cooperation Act" pursuant to RCW 39.34, et seq.; and
WHEREAS, ValleyCom provides improved police, fire and medical aid service
communications within the boundaries of the existing, established consolidated service area
at a minimum cost to the participating local governments, together with such other
governmental units that have contracted with ValleyCom for communications services; and
WHEREAS, one ofValleyCom's objectives is to provide consolidated telephone,
radio and alarm communications and dispatching services for participating local government
units; and
WHEREAS, the continued maintenance, operation, and improvement ofValleyCom
will be of substantial benefit to the citizens of the undersigned cities and the public in
general;
VALLEY COMMUNICATIONS CENTER AGREEMENT - 1
C:I TEMPI ValleyComAgreement. Final.doc
ORIGINAL
NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as
follows:
1. Valley Communications Center - Membership, Authority, and Powers.
On August 20, 1976, the cities of Auburn, Kent, Renton, and Tukwila
founded a governmental administration agency pursuant to RCW 39.34.030(3)(b), which
was known as the "V ALLEY COMMUNICATIONS CENTER ("ValleyCom")."
V alleyCom has the responsibility and authority for emergency service communications and
all related incidental functions for communicating and dispatching services between the
public and the participating cities' public safety departments in the furtherance of improved
public safety and emergency response.
Since its formation, ValleyCom also has served, and continues to serve, other
municipal corporations ("Subscribing Agencies") that exist within the logical, physical
service area and that need emergency service communications. Accordingly, all existing
Subscribing Agency agreements are hereby ratified and confirmed. Any agreement with
additional municipal entities shall be in writing and approved by ValleyCom as provided for
in this agreement.
In furtherance of protecting public safety and emergency response in the
South King County region, the City of Federal Way, currently a Subscribing Agency, has
requested to become a fully participating Member City. On August 4, 1999, ValleyCom's
Administration Board agreed to include Federal Way as a full, participating Member City,
commencing January 1,2000. Accordingly, ValleyCom's participating Member Cities are
VALLEY COMMUNICATIONS CENTER AGREEMENT - 2
c: \ TEMPWalleyComAgreement.Final.doc
hereby revised to include Federal Way, and, as used hereafter in this agreement, any
reference to the "Member Cities" will include the cities of Auburn, Federal Way, Kent,
Renton, and Tukwila.
In addition, the City of Federal Way may enter into an interlocal agreement
with the Federal Way Fire Department for the purposes of providing fire and emergency
medical services dispatch via the City of Federal Way's membership in ValleyCom. Upon
execution of the interlocal agreement, the City of Federal Way may, at its option and under
such terms and conditions as Federal Way deems proper, appoint the Federal Way Fire
Department to function, as do the Auburn, Kent, Renton, and Tukwila Fire departments, for
the purposes of its representation on the Operations Board and for the purposes of calculating
and remitting payment for dispatch services.
Subject to addition, amendment or removal by the Administrative Board,
ValleyCom's powers shall include, but not be limited to, the following:
a. Recommend action to the legislative bodies of the participating
members;
b. Review and approve budget expenditures;
c. Establish policies for expenditures of budget items for the Center;
d. Review and adopt a personnel policy for the ValleyCom Center;
e. Establish a fund or special fund or funds as authorized by RCW
39.34.030 for the operation of the ValleyCom Center;
f. Conduct regular meetings as may be designated by the Administration
Board;
g. Determine what services shall be offered and under what terms they
shall be offered;
h. Enter into agreements with third parties for goods and services
necessary to fully implement the purposes ofthis agreement;
1. Establish rates for services provided to other members, subscribers or
participating agencies;
J. Direct and supervise the activities of the operations board and the
Center Director;
VALLEY COMMUNICATIONS CENTER AGREEMENT - 3
C:\TEMPIV a1leyComAgreement.Final.doc
2.
k.
Incur debt in the name of the Center to make purchases or contract for
services necessary to fully implement the purposes ofthis agreement;
Enter into agreements with, and receive and distribute funds, ITom any
federal, state or local agencies;
Receive all funds allocated to the Center ITom its members;
To purchase, take, receive, lease, take by gift, or otherwise acquire,
own, hold, improve, use and otherwise deal in and with real or
personal property, or any interest therein, in the name of the Valley
Communications Center;
To sell, convey, mortgage, pledge, lease, exchange, transfer, and
otherwise dispose of all of its property and assets;
To sue and be sued, complain and defend, in all courts of competent
jurisdiction in the Center's name;
To make and alter bylaws for the administration and regulation of its
affairs;
Enter into contracts with future participating members and subscribers
to provide communications services;
To hold radio ftequency licenses to enable the Center to operate radio
communications and dispatch systems to meet its public safety
responsibilities; and
Any and all other acts necessary to further ValleyCom's goals and
purposes.
1.
m.
n.
o.
p.
q.
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Duration of Agreement. The tenn of this agreement shall be for five (5)
years ITom its effective date and, thereafter, shall automatically extend for additional five (5)
year periods unless tenninated as provided in this agreement. This agreement shall not
tenninate until all bonds issued by the Valley Communications Center Development
Authority have been paid and retired.
3.
Withdrawal and Termination.
3.1
Any Member City may withdraw its membership and tenninate its
participation in this agreement by providing written notice and serving that notice on the
other Member Cities on or before December 31 in anyone year. After providing appropriate
notice as provided in this section, that Member City's membership withdrawal shall become
VALLEY COMMUNICATIONS CENTER AGREEMENT - 4
c: \ TEMPIV alleyComAgreement. Final. doc
effective on the last day of the year following delivery and service of appropriate notice to
all other Member Cities.
3.2
Three (3) or more Member Cities may, at anyone time, by written
notice provided to all Member Cities, call for a complete termination ofValleyCom and this
agreement. Upon an affirmative supermajority vote (majority plus one) by the Member
Cities, ValleyCom shall be directed to wind up business, and a date will be set for final
termination, which shall be at least one (1) year from the date ofthe vote to terminate this
agreement. Upon the final termination date, this agreement shall be fully terminated.
3.3
In the event any Member City fails to budget and provide the required
annual membership funding for ValleyCom, the remaining Member Cities may, by majority
vote, immediately declare the underfunding City to be terminated from this agreement and
to have forfeited all its rights under this agreement as provided in Section 3.5. The
remaining Member Cities may, at their option, withdraw ValleyCom's emergency
communications support with that City or, alternatively, enter into a Subscribing Agency
Agreement with that City under terms and conditions as the remaining Member Cities deem
appropriate.
3.4
Time is of the essence in giving any termination notice.
3.5
If an individual Member City withdraws its membership in
ValleyCom, the withdrawing city will forfeit any and all rights it may have to ValleyCom's
real or personal property, or any other ownership in ValleyCom, unless otherwise provided
by the Administration Board.
VALLEY COMMUNICA nONS CENTER AGREEMENT - 5
C:I TEMPI ValleyComAgreement. Final.doc
3.6
Upon termination of this agreement, all property acquired during the
life of the agreement shall be disposed of in the following manner:
a.
All real and personal property purchased pursuant to this
agreement shall be distributed based on equal shares apportioned to those Member Cities still
existing on the day prior to the termination date; and
b.
All unexpended funds or reserve funds shall be distributed
based on the percentage of total annual charges assessed by the Administration Board during
the period of this agreement and paid by each Member City.
3.7
Notwithstanding any of the other rights, duties or obligations of any
Member City under this Section 3, the withdrawal of any member City shall not discharge
or relieve any Member City of its obligations to the Valley Communications Center Public
Development Authority.
4.
Administration Board.
4.1
The affàirs of ValleyCom shall be governed by an Administration
Board composed of one member from each participating Member City, and that member
shall be the Mayor or his or her designee. Each Board member shall have an equal vote and
voice in all Board decisions. Unless otherwise provided, Robert's Revised Rules of Order
shall govern all procedural matters relating to the business of the Administration Board.
4.2
A Presiding Officer shall be elected by the Board's members, together
with such other officers as the majority of the Board may determine. There shall be a
minimum of two (2) meetings each year, and not less than fifteen (15) days notice shall be
given to all members prior to any meeting. Unless otherwise designated by the Presiding
VALLEY COMMUNICA nONS CENTER AGREEMENT - 6
c: I TEMPI V alleyComAgreement. Final doc
Officer, the first meeting shall be held on the second Tuesday in February of each year to
review the prior year's service and the second meeting shall be on the second Tuesday in
September of each year to review and present a budget. Other meetings may be held upon
request of the Presiding Officer or any two (2) members.
4.3
The Administration Board shall be authorized to establish bylaws that
govern procedures ofthat Board and ValleyCom's general operations.
5.
Operating Board.
5.1
There is further established an Operating Board which shall consist
of two (2) members of each participating Member City's Public Safety Department(s),
including the head of those Department(s) and/or their designee(s). Additionally, the
Subscribing Agencies shall, by majority vote, elect one (1) at-large member to represent the
Subscribing Agencies' police departments and one (1) at-large member to represent the
Subscribing Agencies' fire department on the Operating Board. At the time set for election
of the at-large members, only the Subscribing Agency representatives then in attendance will
participate in the election. The Member Cities' Operating Board representatives shall not
participate in the at-large member elections. The at-large members shall serve one-year
tenns, unless amended by majority vote ofthe Operating Board. The purpose and duties of
the Operating Board shall be established by the Administrative Board. Each Operating
Board member shall have an equal vote in all Board decisions. The Operating Board shall
be authorized to establish bylaws that govern its procedures. Unless otherwise provided,
Robert's Revised Rules of Order shall govern all procedural matters relating to the business
ofthe Operating Board.
VALLEY COMMUNICATIONS CENTER AGREEMENT - 7
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5.2
The Operating Board shall elect a Presiding Officer from its members
and shall detennine the time and place of its meetings; however, the Operating Board shall
hold at least one (1) regular meeting each month at a time and place designated by the
Presiding Officer or by a majority of its members. Special meetings may be called by the
Presiding Officer or any two (2) members upon giving all other members not less than 24
hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the
Operating Board may dispense written notice requirements for special meetings, but must,
in good faith, implement best efforts to provide fair and reasonable notice to all Operating
Board members.
6.
ValleyCom Director. ValleyCom's current director is hereby confinned.
Upon the occurrence of a temporary or pennanent vacancy in the Director position, the
Operating Board shall recommend to the Administration Board a person to act as
ValleyCom's Director. The Director shall be responsible to the Operating Board and shall
advise it from time to time on a proposed budget and other appropriate matters in order to
fully implement the purposes ofthis agreement. The Director shall administer ValleyCom
in its day-to-day operations consistent with the policies adopted by the Administration Board
and/or the Operations Board. The Director shall have experience in technical, financial, and
administrative fields and his or her appointment shall be on the basis of merit only.
7.
Personnel Policy.
7.1
The Operating Board shall, as necessary from time to time, submit to
the Administration Board a proposed ValleyCom personnel policy for the Administration
VALLEY COMMUNICA nONS CENTER AGREEMENT - 8
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Board's approval, rejection or modification. All modifications or revisions must have the
final approval of the Administration Board.
7.2
At the time ValleyCom was first fonned, the ValleyCom personnel
policy previously provided for appointment to ValleyCom's staff from personnel that were
pennanently appointed or assigned as dispatchers in the participating Member Cities prior
to fonnation. Accordingly, for a period of one (1) year from the time the Federal Way Fire
Department begins its transition to ValleyCom for dispatch services, ValleyCom shall give
preference in hiring to those persons that were pennanently appointed as dispatchers in the
Federal Way Fire Department, if those persons have the skills and abilities necessary to
perfonn required job functions. Additional and subsequent employees, with the exception
ofValleyCom's Director, shall be appointed by the Director upon meeting the qualifications
established by the Operating Board and adopted by the Administration Board. No employees
shall be commissioned members of any emergency service, but may be eligible for
membership under the Public Employees Retirement System, as provided by law.
8.0
Budget.
8.1
The Director shall present a proposed budget to the Operating Board
on or before August 15 of each year, which budget shall then be presented to the
Administration Board not later than September 1 of each year. However, should the
Administration Board elect to budget on a biennial, rather than annual, basis, the August 15
and September I deadlines established in the previous sentence shall only apply every other
year. Thereafter, the Member Cities shall be advised on the programs and objectives as
contained in the proposed budget and ofthe required financial participation for the following
V ALLEY COMMUNICATIONS CENTER AGREEMENT - 9
c: I TEMPI V aJleyComAgreement. Final. doc
year. The allocation of prorated financial participation among local governments shall be the
percentage of dispatched calls attributed to each jurisdiction compared to the total dispatched
calls. The percentages shall be applied to the current approved budget less revenue from
outside sources. Upon approval by each participating Member City of its budgetary
allocation for ValleyCom's operation in the following year, and upon verification thereofto
ValleyCom, the Administration Board shall, after a public hearing as provided by law, adopt
its final budget for the following year. Member Cities shall be billed bimonthly and
payments made on or about the first day of February, April, June, August, October, and
December of each year. ValleyCom will bill Subscribing Agencies in accordance with
approved agreements between ValleyCom and those Subscribing Agencies.
8.2
In the event the City of Federal Way has not become a Member City
by January 1, 2000, all dues paid by Federal Way as a Subscribing Agency in the 2000
calendar year will be credited against the budgeted Member City obligation assigned to
Federal Way for the 2000 calendar year, and Federal Way's status as a Member City will be
ratified and relate back to January 1, 2000.
9.
Contracts and Support Services. The Administration Board (or the
Operating Board or the Director, if so designated by the Administration Board) shall, as
necessary, contract with appropriate local governments for the use of space for its operations,
and for staff and auxiliary services including, but not limited to, records, payroll, accounting,
purchasing and data processing.
VALLEY COMMUNICA nONS CENTER AGREEMENT - 10
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10.
Policy and System Evaluation. The Director shall actively and continuously
consider and evaluate all means and opportunities toward the enhancement of operational
effectiveness of emergency services so as to provide maximum and ultimate benefits to the
members of the general public. The Director shall present his or her recommendations to the
Operating Board from time to time. Any substantive change or deviation from established
policy, however, shall have the prior approval of the Administration Board.
11.
Additional Service Authorized. The Administration Board shall evaluate
and detennine the propriety of including additional communications and dispatching services
for local governments, whenever so requested, and shall detennine the means of providing
those services, together with its costs and effects. These additional services may include, but
shall not be limited to, the following: allowance for public and private buildings, additional
communications and dispatching operations, and any related incidental functions.
12.
Inventory and Property.
12.1
Equipment and furnishings for ValleyCom's operation shall be
acquired by ValleyCom as provided by law. If any Member City furnishes equipment or
furnishings for ValleyCom's use, title to the same shall rest with the respective local entity
unless that equipment is acquired by ValleyCom.
12.2
The Director shall, at the time of preparing the proposed budget for
the ensuing year, submit to the Operating Board a complete inventory together with current
valuations of all equipment and furnishings owned by, leased or temporarily assigned to
ValleyCom. In case of dissolution of ValleyCom, any assigned or loaned items shall be
VALLEY COMMUNICA nONS CENTER AGREEMENT - 11
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returned to the lending governmental entity and all other items, or funds derived from the
sale thereof, shall be refunded and distributed to Member Cities in equal shares. However,
to the extent ValleyCom liquidates all or part of the existing communications facility (located
at 23807 98th Avenue South, Kent, Washington, 98031) or its property and equipment, the
funds derived from the sale thereof will be refunded and distributed to the four original
Member Cities only, Auburn, Kent, Renton and Tukwila.
12.3
Ownership of Real Property. Title to real property purchased or
otherwise acquired shall be held in the name of the Valley Communications Center;
provided, however, that for valuable consideration received, ValleyCom may convey
ownership of any real property as may be approved by a majority of the Administration
Board.
13.
Local Control and Interconnect. Each Member City and each Subscribing
Agency 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
ValleyCom's operations: Interconnecting equipment and services may be provided for
V alleyCom' s budget and operational program.
14.
Dispatch Facility, Financing, and Construction.
14.1
ill order to address increased growth and to provide necessary services
for Member Cities and for Subscribing Agencies, the Administration Board has determined
to construct a new dispatch facility. The Member Cities shall contribute to the financing of
the development ofthe new dispatch facility on a pro-rata basis, each Member City paying
VALLEY COMMUNICA nONS CENTER AGREEMENT - 12
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twenty percent (20%) of the total cost of development, less contributions from grants, other
public agencies, or other sources.
14.2
The new ValleyCom Dispatch Center, including all equipment,
furnishings and fixtures, will constitute a critical link to the Member Cities and the
Subscribing Agencies' ability to provide police, fire, and life safety protection services,
particularly in times of a critical emergency or natural disaster. Consequently, this new
center is essential to the preservation of the public health, safety and welfare. As a result,
this center's equipment, furnishings and fixtures are unique and subject to special standards.
Accordingly, based on the facts presented in this subsection, it is hereby resolved that the
established policy of the Member Cities is that the new ValleyCom Dispatch Center
constitutes a "special facility" under RCW 39.04.280 (1 )(b), and all purchases of any kind
or nature for the new ValleyCom Dispatch Center shall be exempt from competitive bidding
requirements.
14.3
The Administration Board shall authorize, and the Chair of the
Administration Board, or his or her approved designee, will execute contracts for the
development of the new ValleyCom Dispatch Center. These contracts may include, without
limitation, contracts for architectural, design, communications, project management services,
real estate acquisition, engineering, and construction.
14.4
The Member Cities will finance the property acquisition and
construction of the new facility as agreed by the Administration Board and as provided by
law.
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15.
Legal Assistance. The participating municipal entities agree to furnish legal
assistance, fÌ"om time to time, as approved by the Administration Board. The Administration
Board may contract with the City Attorney of a participating city.
16.
E911 Participation.
ValleyCom may implement or contract for
implementation of an E911 System for use within the area served, insofar as is practical.
17.
Intergovernmental Cooperation. ValleyCom shall cooperate with local,
State and Federal governmental agencies according to guidelines ofthe Police Dispatching
Study in order to maximize the utilization of grant funds for equipment and operations.
18.
Compliance with Criminal History Records Information Laws.
ValleyCom shall bear full responsibility for ensuring that the law enforcement data
communications network and any Criminal History Records Infonnation received by means
of that network, shall be used solely for the purposes of the due administration of the
criminal laws or for the purposes enumerated in Chapter 43.43 RCW, as now enacted or
hereafter amended. ValleyCom shall establish rules and regulations governing access to,
security for, and operation of the data communications network and any Criminal Justice
Records Infonnation received by means of that network.
19.
Hold Harmless. Each Member City shall defend, indemnify and save all
other Member Cities harmless fÌ"om any and all claims arising out of that City's negligent
perfonnance oftms agreement. Any loss or liability resulting fÌ"om the negligent acts, errors,
or omissions of the Administration Board, Operation Board, Center Director and/or staff,
VALLEY COMMUNICATIONS CENTER AGREEMENT - 14
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while acting within the scope of their authority under this agreement, shall be borne by the
Valley Communications Center exclusively:
The provisions of this Section 19 shall survive the tennination or expiration
of this agreement.
20.
Repealer and Ratification. All prior interlocal agreements entered into
among the four original Member Cities are repealed as of the effective date of this
agreement. All existing Subscribing Agency agreements will remain in effect. All prior acts
taken by ValleyCom or the Member Cities that are consistent with this agreement and any
prior Member City interlocal agreements are hereby ratified and confinned.
21.
Filing of Agreement. Upon execution, this agreement shall be filed with the
City Clerks of the respective Member Cities, the Secretary of State, and such other
governmental agencies as may be provided by law.
22.
Severability. If any part, paragraph, section or provision of this agreement
is adjudged to be invalid by any court of competent jurisdiction, such adjudication shall not
affect the validity of any remaining section, part or provision of this agreement.
23.
Execution and Effective Date. This agreement, and any amendments, shall
be executed on behalf of each Member City by its duly authorized representative and
pursuant to an appropriate motion, resolution, or ordinance. The agreement, or any
amendment, shall be deemed adopted and effective upon the date of execution by the last
authorized representative.
VALLEY COMMUNICATIONS CENTER AGREEMENT - 15
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24.
Counterparts.
This agreement may be executed in any number of
counterparts, each of which shall be an original, but those counterparts will constitute one
and the same instrument.
IN WITNESS WHEREOF, the undersigned hereby affix their hands and seals.
CITY OF KENT, WASHINGTON:
CITY OF TUKWILA, WASHINGTON:
By:
Print N
Its:
Date:
BY:~ MM~
Print Name: Steven M.
Its: Mayor
Date: 4-11-00
Mu 11 et
CITY OF AUBURN, WASHINGTON:
CITY OF RENTON, WASHINGTON:
By: ~ ~.ulÆ
Print Name: Charles Booth.
Its: Mayor
Date:- - . -1-/1-00
~~tN~ ¿~
Its: Mayor
Date: 4/6/2000
CITY OF FEDERAL WAY, WASHINGTON:
I cr, Manager
'-f{'i) i)
By:
Print
Its:
Date:
NoÚlrv Acknowledtlements Aooear on Followintl Patle
VALLEY COMMUNICA nONS CENTER AGREEMENT - 16
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STATE OF WASHINGTON
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COUNTY OF KING )
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On this7day of , 2000, before me a Notary Public in and for the State of
Washington, personally appeared Jim White, to me known to be the Mayor of the City of Kent, a
Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be
the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument,
and on oath stated that he was authorized to execute said instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first a2J~6I111'
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, On this - day of~, 2000, before me a ~otary Public in and for the State of
Washington, personally appeared .5.T131/EiU rt1 /J1aLlEí, to me known to be the mft<10re.
-- of the City of Tukwila, a Washington municipal corporation that executed the foregoing
instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and
purposes mentioned in this instrument, and on oath stated that they were authorized to execute said
instrument.
-Notary Seal Must Appear Within This Box-
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VALLEY COMMUNICA nONS CENTER AGREEMENT - 17
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STATE OF WASHINGTON
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GOUNTY OF KING )
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On thisl- day of /J no I , 2000, before me a Notary Public in and for the State of
Washington, personally a~Booth, to me known to be the Mayor of the City of Auburn,
a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be
the tree and voluntary act of said corporation, for the uses and purposes mentioned in this instrument,
and on oath stated that they were authorized to execute said instrument.
---"'È""'\ -Notary Seal Must Appear Within This Box-
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;"~. . ~~OF, I have hereunto set my hand and official seal the day and year
first afoiè/~.ÌÍtJ'r M Y 'i¡;\ ~.~ ~ '1J ~.
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STATE OF WASHINGTON
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COUNTY OF KING
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On this 'day of ItPteJL. , 2000, before me a Notary Public in and for the State of
Washington, personally appeared ~e.. -rf'¡'¡Ñ~ , to me known to be the
M A '10 It.. of the City of Renton, a Washington municipal corporation that executed the foregoing
instrument, and acknowledged it to be the tree and voluntary act of said corporation, for the uses and
purposes mentioned in this instrument, and on oath stated that they were authorized to execute said
instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first abov~:.~r~~1~"", ~ '~ j
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VALLEY COMMUNICA nONS CENTER AGREEMENT - 18
C: I TEMPI V alleyCornAgreementFinal,doc
COUNTY OF KING )
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On this - day of fff}fJ , 2000, before me a Notary Public in and for the State of
Washington, personally appear~d David H. Moseley, to me known to be the City Manager of the City
of Federal Way, a Washington municipal corporation that executed the foregoing instrument, and
acknowledged it to be the :tree and voluntary act of said corporation, for the uses and purposes mentioned
in this instrument, and on oath stated that they were authorized to execute said instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
1-è~ ~
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NOTARY PUBLIC, in and for the SAate - n
of Washington, residing at Fe&"6t'(L.J( ~
My appointment expires 1-<9. q-l>;)-
EILEEN ROBINSON
STATE OF WASHINGTON
NO T ARY -e-- PUBLI C
LlY COUUISSION EXPIRES 1-29-02
VALLEY COMMUNICATIONS CENTER AGREEMENT - 19
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(~7 ~ n rjVALLEY COMMUNICATIONS CENTER
LLIfT
COMMUNICATIONS
CENn~ ~
MEMO TO:
Valley Communications Administration Board
Mayor Jim White, Chair
Mayor Jesse Tanner
Mayor Chuck Booth
Mayor Michael Park
Mayor Steve Mullet. /4.' . J~
Chris Fischer, Direct~
April 27, 2000
SUBJECT:
Interlocal Agreements
FROM:
DATE:
We have successfully received original, signed copies of the modified Valley
Communications Center Interlocal Agreement. I am forwarding an original to each of
our owner cities for your records.
I appreciate very much your help and the help of your staff in bringing this to
conclusion. I would also like to extend a warm welcome to the City of Federal Way as
our newest partner.
I look forward to working with all of you in the coming year.
~fl-J~ ~~ ,
~~~ I~
dJ;~