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HomeMy WebLinkAbout1497 Contract Number: 1497 Vendor: CENCOM - KITSAP CO Subject: Emergency Communications & Other Services Department: City Clerk File Class: LEG 12-1 Begin Date: Ol/O1/1981 End Date: Review Date: 09/O1/2010 Vault Date: , Comments: Indefinite Term - written termination due 90 days before end of calendar year Review date for tracking only ORIGINAL KITSAP COUNTY CENCOM INTERIOCAL AGRF. F~MENT REGARDING EMERGENCY COMMUNICATIONS AND OTHER SERVICES August 25, 1993 City of Bremerton INTERLOCAL AGREEMi~.NT REGARDING EMiq'~RGENCY COMMUNICATIONS AND OTI~.R SERVICES WHEREAS, KITSAP COUNTY and Recipient(s) are empowered to provide emergency communications services to the citizens within their resl0ective jurisdictions and may, therefore, pursuant to RCW 39.34.080, 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 system (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, County believes emergency communications and other services would best be served with CENCOM being managed through a "CENCOM Policy BoardH; and, WHEREAS, the CITY OF BREMERTON, (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 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; Revised 8~3/93 CENCOM Interlocal Agreement Page 2 NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: I DEFINITIONS AND FUNCTIONS A. A]l~i~llf~i/~d~: The amount of money chargeable to Recipient as its share of maintenance, operations, and insurance expenses for the emergency communications system. The allocable proportion is determined by one of the formulas in Appendixes A or B to this agreement. 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. CENCOM Policy Board: There shall be a CENCOM Policy Board, (hereinafter called the Board), composed of thirteen (13) persons as follows: 1. All three Kitsap County Commissioners; 2. The Bremerton Mayor and two City Council members; 3. The Mayors of Bainbridge Island, Port Orchard, and Poulsbo; 4. Three Fire Commissioners appointed by the Kitsap County Fire Commissioner's Association; and, 5. The Kitsap County Sheriff. Revised 8/3/93 CENCOM Interlocal Agreement Pa~e 3 The Board 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 minutes of its meetings. The Board shall set policy, evaluate, and adjudicate matters concerning: (1) the annual CENCOM Operations budget and funding, cost share distribution, the Enhanced 911 Tax Revenue Fund and Five Year Expenditure Plan, and the accumulated CENCOM Capital Reserve Fund; (2) overall governing authority of the system and its programs; (3) implementation of new programs and discontinuance of existing programs; (4) staffing levels and problems; (5) evaluation of systems upgrades (five year plan); (6) appeals board for resolution of matters affecting CENCOM operations, or user agency requirements; and, (7) any other matter of major importance. The Board may provide emergency communications to other agencies. Such agencies, if approved, shall enter into an Interlocal Agreement substantially similar to this agreement, or execution of a services contract with CENCOM. D. CENCOM Director: The Board shall appoint a Director of the Emergency Communications System (CENCOM), who shall serve under the general policy guidelines of the County. The Board will establish policy for the overall direction of the emergency communications system through the advice and leadership of the CENCOM Director. Such Director shall be responsible for: (1) maintenance and operation of the emergency communications system; (2) hiring, firing, disciplinary actions, and other personnel matters; and (3) the accomplishment of directives from the Board. The Director shall attend the meetings of, Revised 8/3/93 CENCOM Interlocal Agreement Pa~e 4 make regular reports to, and act upon recommendations received from the Board. E. Chargeable Unit of U~: A chargeable unit of use (C.U.U.) is based on the receipt and broadcast of information generating an event and/or a teletype message. F. Enhanced 9-1-1 Revenue: A source of revenue generated by a telephone tax on a telephone system switched access line. The revenue is dedicated to maintain the Enhanced 9-I-1 system and accomplish upgrades to the rest of the emergency communication network. G. ~ The CENCOM Director shall have two advisory user groups made up of operational representatives from each agency or jurisdiction utilizing the CENCOM Communications System as follows: 1. Law Enforcement User Group. One member appointed by the Sheriff and one by each respective Police Chief. 2. Fire Service User Group. One member appointed by the Fire Chief's of each respective department or district. Both User Groups will function in an advisory capacity to assist the CENCOM Director with general operations, development of standard procedural guidelines, inter-ageacy cooperation and communication. The CENCOM Director, or designated representative, shall preside over meetings of each group who shall meet monthly on an independent basis, or as often as necessary to conduct it's business. Staff support will be provided by CENCOM to keep good and sufficient records and minutes. Revised8/3/93 CENCOM Interlocal Agreement Pa~e 5 H. ~: Any agency which is not a participant to Interlocal Agreement. I. Other Revenue Soureeg: 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 one. $. Criminal Justice Data Communications System - ACCESS: CENCOM is connected to the Washington State Patrol ACCESS system for criminal history information. Inasmuch as the involvement of commissioned law enforcement authorities is required in the management control of this system, the Sheriffand appointed Chiefs of respective user agencies are designated the CENCOM ACCESS Board as outlined in Appendix "C". K. ~galli,~L~li~: The Organization Chart is included as a part of this Agreement and identified as Appendix "D". 1I DUTY OF COUNTY County, through the Board, shall equip, operate, staff and maintain facilities and accessories (i.e. inventory, equipment, and appurtenances) necessary and proper to provide emergency communications services to Recipient. Such facilities and accessories shall be of soch magnitude that they are capable of servicing all member law enforcement agencies, fire departments, and fire districts within Kitsap County. Revised 8/3/93 CENCOM Interlocal Agreement Pa~e 6 County, through the Board, shall provide to Recipient emergency communications services as follows: (1) receive calls for emergency and other assistance; (2) dispatch emergency units and provide necessary information thereto; (3) maintain ready access to information concerning warrants, wants, and stolen vehicles, receive input necessary thereto, and dispatch such information upon request; (4) send, receive, and advise of all 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 proper for the efficient operation of an emergency communications system. County shall function as an umbrella organization for all employees of CENCOM, who will be expected to comply with all personnel and human resource guidelines of the County, and shall be considered a County employee. IH For emergency communications services for each calendar year subsequent to the date of this agreement, 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. ~: Allocable proportion shall be computed as shown in Appendix A; B. County_. a City. or Indian Tribe: Allocable proportion shall be computed as shown in Appendix B. Revised 8/3/93 CENCOM Interlocal Agreement Pa~e 7 C. ~: Allocable proportion shall be determined by the Board. IV UNITS OF USE The Board, through the CENCOM Director, shall maintain complete and accurate records regarding the number of each party's C.U.U.'s. If figures regarding C.U.U. 's for an entire year are unavailable for either Recii)ient or the entire emergency communications system, then the Board may extrapolate the available figures in order to determine either the yearly C.U.U.'s attributable to Recipient or the yearly C.U.U.'s of the entire emergency communications system. If data is not available concerning the C.U.U.'s which are or will be attributable to Recipient, the Board shall estimate the C.U.U.'s, Further, the Board shall, through the CENCOM Director, advise non-recipient agencies, in writing, that they may be charged for use. V Annually, the CENCOM Director shall develop a budget which will meet the anticipated maintenance, operations, and insurance expenses of the emergency communications system, facilities and accessories for the coming calendar year. The Director shall submit copies of the proposed budget to ail parities to the agreement 30 days prior to submittal to the Board. The Board shall give due consideration to comments submitted to it. After the Board has approved Revised 8/3/93 CENCOM Interlocal Agreement the final budget, it shall be considered adopted, and forwarded to the County Budget Director as such. No increase, decrease, or change to the final budget shall occur without approval of the Board. Should the operational revenue for a calendar year or portion thereof prove insufficient to cover actual expenses, the Director shall submit the budget shortfall to the Board. Should the Board increase the budget, Recipients shall be assessed an additional amount for the following calendar year in the amount of X, where: * X--~- a (c) , where * 'a" -- the amount of the underage * mb" = the budget amount for the year in which the underage occurred * Nc" -- the allocable proportion of Recipient for the year in which the underage occurred. Should the revenue for a calendar year or portion thereof be greater than actual expenditures the Board shall determine the disposition thereof. Quarterly, the Director shall provide a budgetary status report to the Board. In 1985 a tax on telephone switched access lines in Kitsap County was passed to provide county-wide Enhanced 9-1-1 service and upgrades to the entire emergency communication network. The money collected by the three telephone companies is sent directly to the Kitsap County Treasurer's office for deposit. Each year the Director must project a budget of the Revised 8/3/93 CENCOM Interlocal Agreement Pa~e ~ anticipated amount that will be n~eived. This budget, along with a five year plan for system upgrades, shall be presented to the Board. VI MODIFICATIONS Any party to this Agreement may request a modification to this Agreement. Such request shall be addressed to the Board in writing, by June first of any year. The Board shall respond in writing to said request within ninety (90) days. It is specifically agreed by and between the parties hereto that this Interlocal Agreement may be amended by the Board at any duly called 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 incr~'ase, or change the amount paid by any participating agency beyond the amount determined by the Board pursuant to this agreement. Revised8/3/93 CF_,NCOM Interlocal Agreement Page I0 EXECUTION OF AGl FJ MENT 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 its authorized representative 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. 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 Interlocal Agreement can only be terminated at the end of a calendar year. Revised 8~3/93 CENCOM Interlocal Agreement This Imerlocal Agreement, consisting of sixteen (16) pages (including Appendixes A, B, C and D), merges and supersedes all prior negotiations, representations and oral or written agreements between the parties hereto relating to subject matter hereof and constitutes the entire lnteriocal Agreement between the parties. EFFE~ DATE This Interlocal Agreement shall be effective as of the date of the signature of the parties attached hereto. Official Official Revised 8~3~93 CENCOM Interlocal Agreement yag BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Dated this ay of ~ , 1994 ! ~omS~is sio~e~ i~l~e-F_~der - / i /' ~'[// ~/ Commissioner l~latt R/~ ATFEST: HOLLY A~IDERSON, Clerk of the Board Revised8/3/93 CF. NCOM Interloeal Agreement Pae~ 13 ~ DLst~: If Recipient is a fire district, its allocable proportion shall be computed as follows: AP -- 1/2 ((.25a - .25b) (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 * · = annual units of use attributable to Recipient * f = annual units of use attributable to all fire districts that have entered into a contract with County substantially similar to this. Revised S/3/93 CENCOM Interlocal Agreement PaGe 14 (~ountv. a City. or Indian tribe: If Recipient is County, a City, or Indian Tribe, its allocable proportion shall be computed as follows: Ap= m-~--~----~ (.75) (e-.75f) ,where; 2 * AP ~ Allocable proportion; * a = numerical population of Recipient; ~ 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 * d = 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; * e = budget amounts described in V; * f = income from other revenue sources. Revised 8/3/93 CENCOM Interlocal Agreement Pa~e 15 APPENDIX ~nnno~mellt CoBtroI of Criminal Justice Data-Communications System: Because the Advisory Council 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 Interiocal 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, Bainbridge Island, Port Orchard, and Poulsbo, are hereinafter 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 control is defined as the authority to set and enforce (a) priorities; (b) minimum standards for the selection, supervision, and termination of 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 implementation of the computerized criminal history program. Such management control guarantees the priority service needed by the criminal justice community served by CENCOM. Revised 8~3/93 CF. NCOM Interlocal Agreement ]~n~e 16 CENCOM ORGANIZATIONAL FLOW CHART ENFORCEMENT CENCOM GROUP D1REc'roR USER GROUP Revised 8/3/93 ADMINISTRATIVE SERVICES · KATHLEEN McCLUSKEY, DIRECTOR January 11, 1994 Mr. Ronald R. McAffee CENCOM 1720 Warren Avenue Bremerton, WA 98310 Dear Mr. McAffee: Enclosed is your fully executed copy of the Cencom Interlocal Agreement. Please provide me with the signature pages from other participating jurisdictions. Sincerely, Kathleen L. McCluskey, Administrative Services KLM:ch Enclosure 239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5290 .~. ,~ O~.~.~ ~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: INTERLOCAL AGREEMENT RE- FOR AGENDA OF: 12-29-93 ~" GARDING EMERGENCY COMMUNICATIONS ORIGINATING DEPT: RQL~CE/FIRE ORIGINATOR: AND OTHER SERVICES C~(U~% DATE SUBMITTED: '~2-15-93 2. ~: (~~~r~?Ck 3. EXHIBITS: City Attorn~_~%~.~ City Treasurer Director of Administrative Services ~ OPERATIONS COMMITTEE: Heard before Committee on 12-22-93 MAYOR~'~x~---- ~ COUNCIL PRESIDENT 4. SUMMARY STATEMRNT AND REOUIREMENT FOR COUNCIL ACTION: The attached Interlocal Agreement replaces the Agreement dated 3uly 1990. Funding formulas were not changed. Major elements of change include: (1).changing the name of the governing body to "CENCOM Policy Board" and addln~ the Sheriff as a voting member; (2) replacing the "CENCOM Operations Board with two advisory user groups of the law enforcement and fire ser- vice agenciesl and~ (3) realigning basic responsibilities and oversight with "the board." The "edit" copy shows all added~ deleted and changed language. City Council approve the Interlocal Agreement and sign the "signature" copy. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED APPROVED f/' DISAPPROVED AMENDED ~OUNCIL DIRECTIVR: ~ ~ ~ DATE: August 25, 1993 Mayor Louis Mentor City of Bremerton 239 4th Avenue Bremerton, WA 98310 Dear Mayor Mentor: Enclosed are signature and edit copies of the newly revised Interlocal Agreement Regarding Fanergency Communications and Other Services for your agencies review and adoption, thereby replacing the existing agreement of July 1990. This finalized revision was approved, and directed for distribution by the CENCOM Board of Directors at their 4 August 1993 meeting. As you may recall, "CENCOM Governance" was one of the primary issues for discussion at the recent "CENCOM Cooperative Planning Workshop" conducted on 11-12 May 1993. This modified agreement is largely a result of those discussions and consensus, based on an original proposal by the Kitsap County Fire Commissioners and Fire Chiefs Associations, and informally ratified by city jurisdiction officials, the Sheriff and Police Chiefs. As you will note in your review, the major elements of change include; (I) changing the name of the governing body to "CENCOM Policy Board" and adding the Sheriff as a voting member; (2) replacing the "CENCOM Operations Board" with two advisory User Groups of the Law Enforcement and Fire Service agencies; and, (3) realigning basic responsibilities and oversight with "the board." Funding formulas were not changed. Consensus on this issue is not yet achieved, and negotiations/discussion continues. The enclosed "edit" copy is provided for your convenience. Eliminated language is lined (strikeou0 through, and shaded language represents new or changed information. Please attempt to complete your review, sign and return the "signature" copy to CENCOM at your earliest convenience. Fire District Chiefs are requested to chaperon this process with your respective Fire Commissioners. Questions may be directed to the undersigned. On behalf of the CENCOM Board of Directors, thank you for your cooperation. Respectfully, / Ronald R. McAffee Director RM/sk Enclosures ���-�-��%�- ��97 AMENDMENT TO INTERLOCAL AGREEMENT REGARDING EMERGENCY COMMUNICATIONS AND OTHER SERVICES � This Amendment("Amendment") is made to the Interlocal Agreement Regarding Emergency Communications and Other Services (the"Agreement"). RECITALS WHEREAS, "Article VII—Amendment"of the Agreement between the parties provides that the Agreement may be amended by the Cencom Policy Boaxd at any duly called regular or special meeting of the Boaxd, after first giving thirty (30)days written notice of such meeting and proposed amendment to all parties to the Agreement; and WHEREAS, all parties to the Agreement received thirty (30) days written notice of a duly called meeting of the Cencom Policy Board to consider amending"Article X— Termination" of the Agreement. NOW, THEREFORE, THE CENCOM POLICY BOARD RESOLVES AS FOLLOWS: 1. Article X—Termination of the Interlocal Agreement is stricken in its entirety and replaced with the following language: After the events listed in this Section 1 have occurred, either party to this Interlocal Agreement may terminate it by providing written notice of such to the other at least thirty (30) days prior to the specified termination date: (a) The Kitsap County Board of Commissioners enacts an ordinance and issues a charter establishing a public authority as authorized by RCW 35.21.730 through RCW 35.21.759 to provide a countywide enhanced 911 emergency communications system; and (b)The board of directors of the public authority established by the Kitsap County Board of Commissioners takes final action on the following: (i) accepting transfer of any and all assets and liabilities held by Kitsap County on behalf of Cencom, (ii) accepting transfer of all Cencom personnel who are employed by Kitsap County on behalf of Cencom on the date the public authority was established, (iii) recognizing the collective bargaining representative for Cencom employees existing on the date the public authority was established, (iv) adopting those wages,hours, and working conditions that exist for Cencom employees on the date the public authority was established as the status quo, and (v) accepting transfer of all employment liabilities which Kitsap County has or may incur on behalf of Cencom. 2. Except as expressly provided in this Amendment, all other terms and conditions of the original Interlocal Agreement, and subsequent amendments, addenda or modifications thereto,remain in full force and effect. 3. This amendment shall be effective upon the date formally adopted by the Cencom Policy Board. , Dated this� day of ���'� �, , 2016. CEN OM POL CY BOARD 1 David Ellingson, Chair `