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RES 89-47 ADOPTION OF AGREEMENT FOR CENCOM SERVICESTo Be Considered: 10-19-89 RESOLUTION NO. 89-47 A RESOLUTION OF THE CITY OF WINSLOW, WASHINGTON, ADOPTING AN INTERLOCAL AGREEMENT REGARDING EMERGENCY COMMUNICATIONS AND OTHER SERVICES PROVIDED BY CENCOM. WHEREAS, the City Council of the City of Winslow, Washington, has determined the need for an interlocal agreement regarding emergency conLmunications and other services; and WHEREAS, the City Council of the City of Winslow, Washington, feels it is in the best interest of the health, safety, and welfare of the citizens of Winslow to adopt an interlocal agreement regarding emergency conm~unications and other services provided by CenCom; and NOW, THEREFORE, be it resolved by the City Council of the City of Winslow, Washington, as follows: Section 1. The proposed interlocal agreement regarding emergency communications and other services (Exhibit "A" and hereto attached) (Appendix "A", appendix "B", and appendix "C" hereto attached) is hereby approved. APPROVED BY THE CITY COUNCIL of the City of Winslow, Washington, this 19th day of October , 1989. ALICE B. TAWRESEY, M~yor ~/ ATTEST/AUTHENTICATE: DONNA J~B~, er/T~easu~r ~ ROBERT O. CONOLEY, City At~ FILED WITH THE CITY CLERK: October 11, 1989 APPROVED BY CITY COUNCIL: October 19, 1989 RESOLUTION NO. 89-47 REVISED 09-26-89 INTERLOCAL AGREEMENT REGARDING EMERGENCY COMMUNICATIONS AND OTHER SERVICES WHEREAS, KITSAP COUNTY and Recipient are empowered to provide emergency communications services to the citizens within their respective jurisdictions and may, therefore, pursuant to RCW 39.24.080, enter into an Interlocal Agreement with one another and with other public agencies to perform such services; and WHEREAS, KITSAP COUNTY, a political subdivision of the State of Washington (hereinafter called County), has an emergency communications sytem (also known as CENCOM) which is capable of providing emergency communications services to law enforcement agencies, fire departments and fire districts within Kitsap County and; WHEREAS, The City of Winslow (hereinafter called Recipient) desires to obtain emergency communications services from County; and WHEREAS, the parties hereto recognize that it is in the best interests of the citizens within their respective jurisdictions and in the furtherance of the health, safety and welfare of the citizens within their respective jurisdictions to have a unified emergency communications system utilizing the latest communications equipment and having the advantage of economies of scale; and WHEREAS, the governing body of each party has resolved, agreed, or ordained that this Interlocal Agreement may be entered into; CenCom Interlocal Agreement Page 2 NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: I. DEFINITIONS A. Allocable Droportion: The amount of money chargeable to Recipient as its share of maintenance and operation expenses for the emergency communications system. The allocable proportion is determined by one of the formulas in Appendixes A and B. B. Assessed value: The assessed value of non-exempt real and personal property as determined by examining the records most recently prepared by the Office of the. County Assessor. C. Board of Directors: There shall be a Board of Directors, composed of'twelve (12) persons as follows: (1) the Bremerton Mayor and two (2) City Council members; (2) the three (3) County Commissioners; (3) the Mayors of Port Orchard, Poulsbo and Winslow; and (4) three (3) Fire Commissioners designated by the Kitsap County Fire Commissioner's Association. The Board of Directors shall meet monthly, or so often as necessary, to conduct its business. Annually, at the last meeting of the calendar year, the Board shall elect one of its members chairperson who shall preside' over meetings, and a vice- chairperson to serve in the absence of the chairperson. The Board shall appoint a secretary who shall keep good and sufficient CenCom Interlocal Agreement Page 3 minutes of its meetings. The Board of Directors shall set policy concerning: (1) the annual budget and funding; (2) overall direction of the system and its programs; (3) implementation of new. programs and discontinuance of existing programs; (4) staffing levels and problems; and (5) any other matter of major importance to the system. D. CENCOM Director: County, with concurrence of the Board of Directors, shall appoint a CENCOM Director of the emergency communications system who shall serve at the pleasure of County. Such Director shall be responsiSle for: (1) maintenance and operation of the emergency communications system; (2) hiring, firing, disciplinary actions, and other personnel matters; and (3) the accomplishment of directires from County and the Board of Directors. The Director sh~fl attend the meatings of, and make regular reports to, the Board of Directors (as described in I.C) and operations Board (as described in I.F). The Director shall act upon recommendations received from such Boards. E. Enhanced 9-1-1 Revenue: A source of revenue generated by a telephone tax on a telephone system access line. The revenue is dedicated to maintain the Enhanced 9-1-1 system and accomplish upgrades to the rest of the emergenc~ communication system. Cen Com Interlocal Agreement Page 4 F. Operations Board: There shall be an Operations Board composed of seven (7) persons as follows: (1) the Police Chief of Bremerton; (2) the Fire Chief of Bremerton; (3) a Police chief selected by the Police Chiefs of Port Orchard, Poulsbo, and Winslow; (4) a Fire Chief selected by the Fure Cheifs of Port Orchard, Poulsbo, and Winslow; (5) the County sheriff (or designee); (6) a Fire District Chief selected by the Kitsap County Fire Chief's Association; and (7) a Fire Chief representing the emergency medical services selected by the EMS Representative Council. The Operations Board shall meet monthly, or so often as necessary, to conduct its business. Annually the Board shall elect one of its members chairperson who shall preside over meetings, law enforcement in odd years and fire in even years. The Board shall appoint a secretary who shall keep good and sufficient minutes of its meetings. The Operations Board, as an advisory group to the CENCOM Director, shall consider, discuss, and make recommendations pertaining to the.emergency communications system and Dep't. of Emergency Management concerning: (1) annual budget; (2) complaints or suggestions from users of the system or the public; (3) utilization and implementation of new programs, procedures, and CenCom Interlocal Agreement Page 5 equipment; and (4) any other matter pertaining to the functional operation of the system. G. Other agencies: Any agency which is not a participant to this Interlocal Agreement. H. Other revenue sources: Moneys received by County directly as a consequence of providing services concomitant to its emergency communications system; Provided, "other revenue sources" shall not include the allocable proportion of Recipient or any other entity which has entered into an Interlocal Agreement with County substantially similar to this. I. Unit of use - Chargeable: A chargeable unit of use' (C.U.U.) is based on the receipt and Droadcast of information generating an event card and/or a teletype message. II. DUTY OF COUNTY County shall equip, operate, staff and maintain facilities and accessori~ (i.e. inventory, equipment, and appurtenances) necessary and proper to provide emergency communications services to Recipient. Such facilities and accessories shall be of such magnitude that they are capable of servicing all member law enforcement agencies, fire departments, and'fire districts within Kitsap County. County shall provide to communications services as follows: emergency and other assistance; Recipient emergency (1) receive calls for (2) dispatch emergency units and CenCom Interlocal Agreement Page 6 provide necessary accessible copies vehicles, receive information thereto; (3) of records of warrants, input necessary thereto, maintain readily wants, and stolen and dispatch such and advise of all information upon request; (4) send, receive, appropriate teletype messages; (5) maintain (or route to Recipient) all appropriate records and data regarding emergency communications of Recipient; and (6) do other things and provide other services necessary and prope[ for the efficient operation of an emergency communications system. County may, if approved by the Board of Directors, provide emergency communications services to other agencies. Such agency, if approved, shall enter into an Interlocal Agreement with County.Substantially similar to this. III. PAYMENTS For emergency communications services for each calendar year subsequent to (date) , Recipient agrees to pay to County its allocable proportion in twelve (12) equal monthly installments. The allocable proportion for each calendar year due from Recipient is computed as follows: A. Fire District: If Recipient is a Fire District, its allocable proportion shall be computed as shown in Appendix A; B. County, a City, or Indian Tribe: If Recipient is County, a City, or Indian Tribe, its allocable proportion shall be computed as shown in Appendix B. CenCom Interlocal Agreement Page 7 C. Other A~encV: If Recipient is an other agency, its allocable proportion shall be determined by the Board of Directors. IV. UNITS OF USE County shall maintain complete and accurate records regarding the number of each party's units of use. If figures regarding units of use for an entire year are unavailable for either Recipient oF the entire emergency communications system, then County may extrapolate the available figures in order to determine either the yearly units of use attributable to Recipient or the yearly units of use of the entire emergency communications system. If data is not available concerning the units of use which are or will b~ attributable to Recipient, County shall estimate the units of use. Further, the-Operations Board shall, through the CENCOM Director, advise non-recipient agencies, in writing, that they may be charged for use. Ve BUDGET Annually, the CENCOM Director and the Operations Board, shall develop a budget which will meet the anticipated maintenance and operation expenses of the CENCOM facilities and accessories for the coming calendar year. They shall Submit the proposed budget to the Board of Directors for review and comment. The Board of Directors shall give due consideration to comments submitted to it. CenCom Interlocal Agreement Page 8 After the Board of Directors has approved the final budget it shall be forwarded to County for adoption. No increase or decrease to the final budget shall occur without approval of the Board of Directors. In 1985 a tax on telephone access lines in Kitsap County was passed to provide county-wide Enhanced 9-1-1 service and upgrades to the entire emergency communication system. The money collected by the thr~e (3) telephone companies is sent directly to the Kitsap County ~reasurer~s officE' for deposit. Each year the Director must project a budget of the anticipated amount that will be received. This budget, along with a six (6) year plan for system upgrades, shall be presented to the Operations Board and the Board of Directors. Should the o~erational revenue for a calendar year or portion thereof prove insufficient to cover actual expenses, the Director and the Operations Board shall submit the budget shortfall to the Board of Directors. Should theBoard of Directors increase the budget, Recipient, if County, a City, or Indian Tribe, shall be assessed an additional amount for the following calendar year in the amount of X, where: X = <~ ~ (c), where a = the amount of the underage b = the budget amount for the year in which the underage occurred c = the allocable proportion of Recipient for the year in which the underage occurred CenCom Interlocal Agreement Page 9 Should the revenue for a calendar year or portion thereof be greater than actual expenditures the Board of Directors shall determine the disposition thereof. Monthly, the Director shall provide a budgetary status report to the Operations Board and the Board of Directors. VI. MODIFICATIONS Any party to this Agreement may request a modification to this Agreement. Such request shall be addressed to the Board of Directors in writing, by June 1st of any year. The Board of Directors shall respond in writing to said request within ninety (90) days. VII. AMENDMENT It is specifically agreed by and between the parties hereto that this Interlocal Agreement may be amended by the Board of Directors at any duly c~Iled regular or special meeting of the Board, but only after first giving thirty (30) days written notice of such meeting and proposed amendment to all parties to this agreement. However, nothing in this paragraph shall be construed to authorize any change in the funding formula set forth in this agreement nor to authorize any act which would cause an increase in the amount paid by any participating .agency beyond the amount determined by the Board of Directors pursuant to this agreement. CenCom Interlocal Agreement Page 10 VIII. EXECUTION OF AGREEMENT Each party to this agreement shall bind itself with all other parties to this agreement by signing a duplicate original of this agreement and submitting such signed duplicate original to CENCOM. It is understood that such execution shall not require that one original agreement be signed by all parties to this agreement, but that there may be several duplicate originals signed by the parties to the agreement. The purpose Of this provision is to facilitate the signing of the agreement and to avoid undue delay in the execution of the agreement. This agreement, however, shall be executed on behalf of each party by itb authorized representa- tive and pursuant to appropriate resolution or ordinance of each local government or other entity as. the case may be. Each party to this agreement shall be bound to it as of the date it is signed by that party. :' IX. ~ TERM This Interlocal Agreement shall be of full force and effect indefinitely unless terminated as provided herein. X. TERMINATION Either party to this Interlocal Agreement may terminate it by providing written notice of such to the other at least ninety (90) days prior to the specified termination date; Provided, this CenCom Interlocal Agreement Page 11 Interlocal Agreement calendar year. can only be terminated at the end of a EFFECTIVE DATE This Interlocal Agreement shall be of full force and effect January 1, 19 if subscribed before that date and, if subscribed after that date, January 1, 19... shall be effective retroactive to XII. MERGER This Interlocal Agreement, consisting of fifteen (15) pages (including Appendixes A - C) merges ~nd supersedes all prior negotiations, representations and oral or written agreements between the parties hereto relating to subject matter hereof and constitutes the entire Interlocal Agreement between the parties. CenCom Interlocal Agreement Page 12 DATED this 19th day of October · , 19 89 RECIPIENT DATED this day of 19 BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Chairman Commissione~ ATTEST: . Commissioner HOLLY ANDERSON Clerk of the Board CenCom Interlocal Agreement Page 13 APPENDIX A Fire District: If Recipient is a fire district, its allocable proportion shall be computed as follows: AP = 1/2 ((.25a- .a5b) (c/d) + (.25a- .25b) (e/f)), where AP = allocable proportion a = budget amount described in V b = income from other revenue sources c = assessed value of Recipient d = assessed value of all fire districts that have entered into a contract with County substantially similar to this e = annual units of use attributable to all fire districts that have entered into a contract with County substantially similar to this CenCom Interlocal Agreement Page 14 APPENDIX B County. a City. or Indian tribe: If Recipient is County, a City, or Indian Tribe, its allocable proportion shall be computed as follows: <a ~ c~( AP = b d 2 · 75) (e - .75 f), where AP = Allocable proportion a = numerical population of Recipient; Except, that for County this figure shall be the numerical population of Kitsap County less the combined numerical population of all cities and Indian tribes situated within Kitsap County and which have entered into a contract with County substantially similar to this b = numerical population of Kitsap County c = annual units of use attributable to Recipient annual units of use attributable to County, and all cities and Indian Tribes which have entered into a contract with County substantially similar to this budget amounts described in ~ f = income from other revenue sources cenCom Interlocal Agreement Page 15 APPENDIX C Manaqement Control of Criminal Justice Data-Communications SYstem: Because the AdvisoryCouncil on Criminal Justice Services and the Washington State Patrol, in compliance with the National Crime Information Center (NCIC) regulations, have required that all participating communication centers, such as CENCOM, which are terminal users of the Washington State Patrol ACCESS system, have certain provisions in their regulations and enabling Interlocal Agreements concerning responsibility for the interstate exchange of criminal history information, the following is specifically agreed to: 1. The Kitsap County Sheriff Office, and Police Departments of Bremerton, Port Orchard, Poulsbo, and Winslow are herein- after called the CENCOM ACCESS Board; and, as such, shall bear full responsibility for insuring that the criminal justice data communications network used at CENCOM is under their management control. 2. Management contro~ is defined as the.authorityto set and enforce (a) priorities'; (b) minimum sta aards for the selec- tion, supervision, and 'termination o~ personnel; and (c) policy governing the operation of computers, circuits and telecommunications terminals used to process criminal history record information at CENCOM, insofar as the equipment is used to process, store, or transmit criminal history record information. 3. Management control includes, but is not limited to, the supervision of equipment, systems design, programming, and operating procedures necessary for the development and imple- mentation of the computerized criminal history program. Such management control guarantees the priority service needed by the criminal Justice community served by CENCOM.