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;
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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.
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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,
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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 `