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HomeMy WebLinkAbout4339RESOLUTION NO. 4 3 3 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST AMENDMENT TO THE VALLEY COMMUNICATIONS CENTER INTERLOCAL AGREEMENT WHEREAS, the City of Auburn is Member City of the Valley Communications Center (VCC); and WHEREAS, 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; and WHEREAS, 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; WHEREAS, 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; WHEREAS, 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, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution 4339 March 31, 2008 Page 1 Section 1. Purpose. That the Mayor and the City Clerk are authorized to execute an agreement in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. Implementation. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this J? day of Tic 2008. CI F AUBURN PETER B. LEWIS MAYOR ATTEST: I ? Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. 1H,0 City Attorney Resolution 4339 March 31, 2008 Page 2 AGREEMENT among ' VALLEY COMMUriICATIONS CENTER and VALLEY REGIONAI. FIRE AUTHORITY and THE CITY OF AUBURN THIS AGREEMENT among the VALLEY COMMLTNICATIONS' CENTER ("Va11ey - Com"), VALLEY REGIONAL FIRE AUTHORITY ("VRFA") and the CTI'Y OF AUBURN : ("City") supplements and amends the rights and obligations between the City. and Va11ey Com only as it applies to the Valley Com Interlocal regarding Valley Com ent_ered into among the : cities of Auburn, Federal Way, Kent, Renton and Tukwila dated on or about April 17, 2000 and amended on or about,February 27, 2008. RECITALS 1. On or about April 17, 2000, the cities of Auburn, Federal Way, Kent, Renton and. Tukwila entered into an interlocal agreement that included the City as a member of : Valley Com, and that amended certain provisions, rights and obligations among the member cities (the "Va11ey Com Interlocal"). 2. VRFA is a new Regional Fire Protection Service Authority formed to provide fire and emergency medical services (EMS) within its jurisdictional boundaries:_ It is an entirely separate and distinct entity from the City. Section 1 of the First Amendment to the Valley . Communication:s Center Interlocal Agreement addresses the relationship among Valley ' Com, the City, and VRFA as follows: Per Auburn City Council Resoludon 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 fiie protection and emergency medical services to the City of Auburn effective January 1, 2007. VCC [Valley Communications Center] acknowledges VFRA will function as do the other Member City Fire Departments, for purposes of its representation on the Operations Board - and for purposes of calculating and remitting payment for dispatch services. 3. Pursuant to the request of the City, at a meeting held on September 5,2008, the Valley Com Adminish-ation Board approved by unanimous motion that Valley Com and VRFA should mutually indemnify each other without passing that Page 1 of 7 : , obligation through the City via the indemnification provision established in the Valley Gom Interlocal. Additionally, this motion also approved and reaffirmed that VRFA would be charged the same rate per fire/EMS incident that would be charged to member cities for their fire/EMS incidents. NOW, THEREFORE, in consideration of the mutual rights and obligations established in this agreement, the parties agree as follows: AGREEMENT 4. PROVISION OF SE1tVICE. Valley Com will provide fire and emergency medical dispatch services to the City and VRFA pursuant to the Va11ey Com Interlocal, and the _ City will also make Va11ey Com's services available to VRFA pursuant to the terms of the City/VRFA Interlocal Agreement. 5. CALL FOR SERVICE. For purposes of this Agreement, the definition of a ca11 for ° service will apply as outlined in Valley Communications Center Standard Operating Procedure #124, as written or hereafter amended. 6. VALLEY COM RESPONSIBILITIES TO VRFA. Valley Com will furnish the following dispatch services to VRFA. 6.1 Receive and accept a11 emergency, fire, and medical calls from within the " boundaries of areas served by VRFA. 6.2 Transmit alarms to.VRFA and dispatch the equipment according to the procedures - established by Va11ey Com with input from VRFA. . 6.3 Maintain radio and support communications with VRFA from the time. of the - initial alarm until conclusion of the emergency anci to provide additional. assistance as needed with customary support as provided by Va11ey Com. ' . 6.4 Prepare and forward. to VRFA a printed record of a11 emergency ca11s for service received, calls transmitted, and vehicles dispatched: 6.5 Record and maintain a record of ra.dio and telephone communicarions.relating to . all emergency incidents as required by the Va11ey Com Operations Board, unless . requested by"VRFA to retain any particulaz record for a longer time. Va11ey Com shall also make available a copy of the record for VRFA at mutually agteeable times should VRFA so desire. . 6.6 Provide communication services to process requests for support assistance fiom , utilities, medical services; police services, and other services to aid VRFA if such assistance should be requested. . Page 2 of 7 6.7 . Provide telephone lines ancl call numbers as agreed upon between the parties - consistent with Section 8.3 below. 6.8 Pay the cost for telephone. line service chazges between Valley Com and any receiver located in the VRFA's boundaries, except as provided in Section 8.3 below. 6.9 Provide agreed upon services by Va11ey Com twenty-four (24) hours per day, ' seven (7) days per week, during the term of this agreement. 6.10 Provide VRFA with a copy of Valley Com's standard operating procedural rules - for dispatEhing. : 6.11 Provide access to Valley Com's F.C.C. licensed radio system resources, subject to those constraints and restrictions established and imposed by the Valley Com " Opera.tions Boazd. 7. VRFA RESPONSIBILITIES TO VALLEY CONd. 7.1 VRFA sha11 provide and maintain written alarm response procedures,. on forms acceptable to Va11ey Com, designating equipment to be dispatched for a11 alarms within the City. 7.2 VRFA sha11 comply with the standard procedural rules for dispatch as may be established from time to time by Valley Com. „ 7.3 VRFA will pay any additional costs incurred by Valley Com for providing equipment or services requested by VRFA that solely benefit VRFA; provided, . however, Va11ey Com may at its sole option, elect to pay for ttie equipment or - service. 7.4 VRFA will conform to.. the standard communications procedures and appara.tus numbering configurations, as established by Va11ey Com. Apparatus renumbering , will not be concluded without consultation with Valley Com. 7.5 VRFA authorizes the Valley Com-Operations Board the exclusive right to grant . new requests to use Valley. Com licensed fire radio frequencies/talkgroups for member or non-member agencies. 8. FEE FOR SERVICES. _ For the duration of this agreemenf, the rate for fire/EMS ca11s for service to be paid by VRFA shall be the same rate that the City, as a member city under the Valley Com Interlocal,would pay for tliose ca11s for service,, were tlie City the direct provider of that se'rvice. Valley Com will bill VRFA directly for these calls, and ` VRFA will pay.withiri thirty (30) calendar days of the date of Valley Com's.inyoice,_ Va11ey Com will have equal rights against both the City and VRFA as are provided by tlie . Page 3 of 7 Valley Com Interlocal for failure to make payment under this section. - 9. OTHER PROGRAMS. Va11ey Com is currently, and will in the future, consider other - programs and services not specifically related to dispatch services described in Section 8. This Agreement does not provide for or otherwise address such additional programs and services. Such additional programs or services shall be subject to fiuther negotiations and agreement of the pa.rties. 10. DISPATCH RECORDS. All records and recordings maintained for calls received from within VRFA's boundaries shall not be disclosed to any person without the consent of ' VRFA, unless a valid public disclosure request, subpoena or court order requires Valley Com to disclose such informadon, in which case Valley Com shall immediately notify VRFA. 11. IlVDEMNMCATION. In its provision of fire and life safety services through the • use of Valley Com's services of providing fire and emergency medical dispatch seivices to VRFA, VRFA shall have the same rights to indemnifica.tion from Valley Com.as the City would have under the Va11ey Com Interlocal. VRFA's right of indemnification will be direct as regards Va11ey Com and the City will not be included unless the City's negligence is asserted in the claim. In its provision of services to VRFA for VRFA's fire and life safety services, Va11ey Com shall haye the sazne rights to indemnification from VRFA as Va11ey Com would have from the City under the Va11ey Com Interlocal. Valley Com's right of indeninification will be direct as regards VRFA, and the City will not be included unless the City's negligence is asserted in the claim. . Except as modified in this section, a11 other rights and obligations pertaining to indemnification under the Valley Com Interlocal shall remain in full force and effect. The provisions of this section shall survive the termination or expiration of this agreement. . 12. INSURANCE. VRFA shall maintain and carry at a11 times during the effective period of . . ' this Agreement, commercial generalliability;insurance against any and a11 claims wluch may arise from or in connection with the - activities related to the performance of this agreement by VRFA, its agents, officers, employees or assigns. VRFA sha11 provide Va11ey Com with a certificate of insurance evidencing commercial . general liability insurance written on anoccurrence basis with limits no less than $1,000,000.00 combined single limit per occuirence and $2,000,000.00 aggregate for persnnal injury, bodily injury and property damage. Valley Com shall be named as an additional insured on the commercial general liabilityinsurance policy, and a copy of the endorsement naming Valley Com as an additional Page 4 of 7 insured shall be attached to the certificate of insurance. Valley Com reserves the right. to receive a copy of a certified copy of all required insurance policies. Upon request by VRFA, Valley Com will provide VRFA a certificate of covera.ge evidencing liability coverage provided by its self-insured pool. If VRFA is self-insured for .any of the above insurance requirements, a certificate of self- insurance shall be attached and sha11 be incorporated by reference and shall constitute compliance with this section. 13. LIlVIITATION OF AGREEMENT. This agreement is entered into for the benefit of the parties to this agreement only. The agreement is not intended to confer any benefits on any other parties and therefore no other or third parly shall be entitled to rely on the, terms of this agreement or anticipate receipt of any benefit as a result of the performance of this agreement. : 14. OPERATIONAL REVIEW PROCEDURE. It- is agre,ed that representadves. of Valley . Com and VRFA shall meet periodically, if requested by either party, to review operations or procedural matters of the Valley Com Dispatch Center and/or VRFA. 15. E911 PARTICIPATION. 15.1 Va11ey Com has entered into an agreement dated May 1, 1984 with Ki.ng County, identified as the "KING COIJNTY ENHAIVCED 911 PARTTCIPATION AGREEIVIENT." ("E911 AGREEMENT") VaYley Com is a Primary Public Safety - Answering Point ("PSAP"). VRFA and Valley Com agree to comply with`all terms and conditions of the E911 AGREEMENT. - 15.2 In the event this agreement is terminated, the party initiating the termination ~ . " agrees to pay all costs, if any, associated with relocating, modifying or transferring , any equipment or services provided by the E911 AGREEMENT (incurred by _ either Valley Com or VRFA) as tlie direct result of the termination: All_ E911 costs to be charged against the parties initiating termination shall be itemized and _ justified by the other:party within six (6) months of receigt of the written notice of tennination. Where . termination is by mutual consent, each party of this.. - agreement shall pay its own resulting costs. : 16. VALLEY COM EOUIPMENT.. All transmitters, consoles, alerting devices, ca11 receiving equipment, and related facilities located at the Va11ey.Com Dispatch Genter - shall be: purchased, operated; and maintained by Valley Com, except as provided in Section 8.3 above, and Valley Com is deemed the sole owner thereof. 17. VRFA EOUIPMENT. All transmitters, consoles, alerting devices, and related facilities located inVRFA shall be purchased, operated and maintained by VRFA as required by Page 5 of 7 Va11ey Com in order to interconnect to Valley Com except as provided in Section 7, and VRFA is deemed the sole owner thereof. - -18. RESERVATION OF OPERATIONAL RIGHTS. Valley Com retains sole authority to _ deterinine the technical operation and equipment needs ofthe Valley Com systems. This is necessary to insure maintenance of Valley Com's standazds and the highest degree of compatibility and effectiveness among member/user agencies. . 19. COORIDINATION OF AGREEMENTS. Except as modified by this agreement, a11 of the rights, obligations, ternis and conditioiis in the Valley Com Interlocal will remain in fu11 force and effect. 20. TERMINATION. This agreement shall remain in effect until the City ceases to be a member of Valley Com, the City no longer receives fire protection services from VRFA, . or until VRFA ceases to exist, whichever occurs first; unless this Agreement is terminated by mutual written agreement by. Valley Com, the City, and VRFA. All parties, _through their authorized agents, have read and understood this agreement and intend to be bound by it, and the authorized agents of the City, VRFA, and Valley Com ha.ve signed below. This Agreement sha11 be effective upon full execution: CITY B ~ VALLEY REGIONAL FIRE AUTHORTTY , - .~3 : By: _ - - $y: - Peter B. Lewis Enc obertson Mayor A ` 'strator 25 W Main 1101 D'Street NW , Auburn, WA 98001 Auburn, WA 98002 ~ Date signed: Date signed: By, direction of the City Council By direction of the Board taken taken April 10, 2008 Attest: Attest ~ By: By~ Prinf e/Title: Print Name/Title: . Ap v as to Approved as to Form: ( kpdei B Heid, Citytt ey . ~Joseph Quinn, VRFA Attorney Page 6 of 7 VALLEY GO C S CENTER ~ By: Peter B. Lewis Administration Boazd Ghair . 27519 108th Avenue SE Kent, WA 98030 Date sigued: ' By direction.of the Administration Board . taken September 5, 2008 Approved as to Form: By: fti~ L".-- TAm Brubaker, Of Counsel to. Valley Com . o~ page 7 of 7 FIRST AMENDMENT TO VALLEY COMMUNICATIONS CENTER INTERLOCAL AGREEMENT 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 (February 27, 2008) Page 1 of 5 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 By: Print Name: Its: Date: CITY OF TUKWILA, WASHINGTON By: Print Name: Its: Date: CITY OF AUBURN, WASHINGTON By: \I Print Name: ?'efY%s Its: M4uo'( Date: vr71 CITY OF FEDERAL WAY, WASHINGTON By: Print Name: Its: Date: (Notary Acknowledgments Appear on Next Page) P: \C1vi1\F11es\0penFi1es\0247\FirstAmendmentInterl ocalAgreement.doc CITY OF RENTON, WASHINGTON By: Print Name: Its: Date: First Amendment to Interlocal Agreement (February 27, 2008) Page 2 of 5 STATE OF WASHINGTON ) ss. COUNTY OF KING ) 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 ) ss. COUNTY OF KING ) 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 (February 27, 2008) Page 3 of 5 STATE OF WASHINGTON ) . ss. COUNTY OF KING ) I hereby certify that on the y of 1 200 X, I know or have satisfactory evidence that e?eer r s 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 IMZe91- , 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- It*,kyTT"N'ESS WHEREOF, I have hereunto set my hand and official seal the day aLa4r,.fits` ab,,e written r. 'J tiY NOTARY PUBLIC, in and for the State of Washington ?1111141? F©F?t%Vf residing at _ c? h ?l,?l?e cJ My appointment expires -G?`zaL? 611114\\a?`° STATE OF WASHINGTON ) ss. COUNTY OF KING ) 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 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 (February 27, 2008) Page 4of5 STATE OF WASHINGTON ) ss. COUNTY OF KING ) 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 FEDERAL WAY 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 (February 27, 2008) Page 5 of 5