HomeMy WebLinkAbout2927 (2) 1 RESOLUTION NO. 2 9 2 7
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
4 AGREEMENT WITH VALLEY COMMUNICATIONS FOR THE 1998 VALLEY
COMMUNICATION SUBSCRIBER AGREEMENT ESTABLISHING THE TERMS OF
5 SERVICES TO BE PROVIDED BY VALLEY COMMUNICATIONS TO THE CITY
OF AUBURN FIRE DEPARTMENT
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7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
9 Section 1. The Mayor and City Clerk of the City of
10 Auburn are hereby authorized to execute an Agreement with
11 Valley Communications for Subscriber services for 1998 A
12 copy of said Agreement is attached hereto, designated as
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Exhibit "A" and incorporated by reference in this Resolution
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Section 2 . The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directives of this legislation
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DATED and SIGNED this 1s` day of June, 1998
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20 CITY OF AUBURN
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CHARLES A BOOTH
23 MAYOR
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Resolution No 2927
June 1, 1998
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ATTEST
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/022, -kaer-id-46-.-1.------
Danielle E Daskam,
5 City Clerk
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APPROVED AS TO FORM
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Michael J Reynolds,
11 City Attorney
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Resolution No 2927
June 1, 1998
Page 2
VALLEY COMMUNICATIONS
SUBSCRIBER AGREEMENT -
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This agreement is entered into between Valley Communications and t.Jot r CA in re
Hereinafter referred to as the Subscriber, for the purposes of identifying the
Subscriber as a user of the Regional 800 MHZ Trunked Radio System and to establish the terms and
conditions under which the Subscriber will receive services associated with use of the system from
Valley Communications.
WITNESSETH.
WHEREAS, Valley Communications Center has agreed to assume the responsibility of
constructing, owning, operating and maintaining the Valley Communications Subregional portion of
the King County Regional 800 MHZ Trunked Radio System on behalf of all eligible public users
within the King County Subregion, and
WHEREAS, Valley Communications Services and its subscribers share a common goal of
providing the highest level of public safety response services to the citizens they serve, and
WHEREAS, Valley Communications recognizes the important role that the Regional 800
MHZ Trunked Radio System will play in supporting both the day-to-day and emergency response
capabilities of its user agencies and jurisdictions, and
WHEREAS, Valley Communications, through this agreement with its subscribers, pledges
to work cooperatively in maintaining the highest level of standards for maintenance and operation of
the Regional 800 MHZ Trunked Radio System on behalf of its subscribers, now therefore, the parties
agree as follows:
ACCESS
Valley Communications will provide the Subscriber with access to the Regional 800 MHZ
Trunked Radio System in accordance with the terms of King County Levy Ordinance 10464
and the Emergency Radio Communications System Interlocal Cooperation Agreement, and
incorporated herein by reference as if fully set forth.
Access to the Regional 800 MHZ Trunked Radio system will be provided at rates which do
not exceed a proportionate share of the costs of system operation and maintenance and
reserves for system replacement. The Valley Communications Administration Board shall
establish these rates each calendar year These rates will be published as part of the annual
operating budget of Valley Communications and are described in Addendum 2.
All radio equipment that has access to the radio system under the terms of this agreement will
1 Exhibit "A"
Resolution No 2927
be operated in a manner that is consistent with good radio protocol and with regulations set
forth by the Federal Communications Commission.
2. CT AS ES OF SERVICE
Primary Users means public safety agencies as designated in the King County Levy Ordinance
10464
Secondary Users means non-public safety agencies that do not enjoy the same rights of
system use conferred upon Primary Users. Use of the system by secondary users is contingent
upon system capacity in excess of the needs of primary users.
Data and Alarm Users means secondary users that meet the following specific criteria.
>Radios will operate automatically without human intervention
>Radios will not be available for any other use
>Radios will be secured to prevent access by unauthonzed personnel.
>Radios will operate on the lowest tier of user pnonty
>Radios will pass only audio or modulated audio such as voice or telemetry
>Radios and controlling equipment will operate in a passive mode and initiate
transmissions only to report changes of state. Active polling and transmssions of
redundant information shall not be allowed.
>These radios and their talk group shall be limited to a maximum of 10% air time.
3 EOUTPMENT
All radio equipment that is operating on the Regional 800 MHZ Trunked Radio System,
including equipment purchased with Subscriber funds and equipment purchased with Levy
proceeds under the authority of Levy Ordinance 10464, will be used in accordance with the
terms and conditions contained in Levy Ordinance 10464 and the Emergency Radio
Communications System Interlocal Cooperation Agreement. Repair and maintenance of radio
equipment that is operating on the Regional 800 MHZ Trunked Radio System may only be
performed by Valley Communications,King County Radio Communications Service Agency
or other Authorized Motorola Service Facility
All radio equipment that has access to the radio system under the terms of this agreement will
be maintained in good operating condition and in a manner that is consistent with the system
design and with the operation and maintenance standards established by the Regional
Communications Board.
4 NUMBER OF RADIOS
Access will be provided for the radios specified in Addendum 1 to this agreement. The radios
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for which access is provided may be amended by modifying the addendum with the written
consent of the Subscriber and Valley Communications.
5 COLLECTION OF CHARGES
Access fees will be assessed on a per radio plus air time used basis and will commence at the
time a radio is activated for radio system use, with the minimum service period equal to one
month. Monthly billings will be mailed on or around the 25th of each month and will be
payable within 15 days of the billing date. Delinquent payments will be handled in accordance
with standard collection procedures.
6 LIABILITY/HOLD HARMLESS
If a claim, demand or cause of action anses from the negligent act or failure to act of one of
the parties hereto, or its officers, agents or employees, then the party shall indemnify, defend
and save the other party and its officers, agents and employees harmless therefrom; provided,
however, that such provision shall not apply to the extent that damage or injury arises from
the fault of the other party, its officers, agency or employees.
7 ASSIGNMENT
The Subscriber shall not assign, transfer, convey or otherwise dispose of its nghts or
obligations under this agreement.
8 DISPUTE RESOLUTION
Any dispute or controversy between the parties arising out of or relating to this agreement
or its breach that cannot be resolved in accordance with the policies and procedures adopted
by the Valley Communications for handling complaints shall be submitted by either party to
the Regional Communications Board for resolution through a formal dispute resolution
process, as outlined in the Emergency Radio Communications System Interlocal Cooperation
Agreement
9 DURATION OF AGREEMENT
This agreement shall be in effect upon signature by both parties and shall continue until
termination of services. Subscriber access to the radio system may be terminated by the
following means:
(1) Mutual consent;
(2) The Subscriber may with draw from this agreement by giving six (6) months written
notice to Valley Communications by July 1 in any year of its intention to terminate
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effective January 1 of the following year
(3) The Subscriber's access to the system may be terminated by Valley Communications
for non-payment of fees, violation of this agreement or applicable FCC rules and
regulations or other just cause. Just cause means a fair and honest cause or reason,
regulated by good faith on the part of Valley Communications. Termination of a
Subscriber's use of the system for just cause must be based on facts that are
supported by substantial evidence and are reasonably believed by the Valley
Communications to be true and not for any arbitrary or capricious reason.
This agreement is entered into by the following:
Subscriber
• -1- EVE— lc5. a la -c;c4
Date
Billing address: City of Auburn
25 West Main Street
Auburn, WA 98001
Valley Communications:
Chris Fischer Date
Director
ATTESTS e
Danielle E. Daskam,
Auburn City Clerk
IP'ROVED ASI TO FORM
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Michael J. Reynolds, 4
Auburn City .A2ttorney
AUBURN FIRE ADDENDUM 1
PORTABLE RADIOS.
System ID Start Date
738600-738675 10/01/97
738706-738709
MOBILE RADIOS:
System ID Start Date
738676-738701 10/01/97
738710-738716
CONTROL STATION RADIOS.
System ID Start Date
7388702-738705
SPARE RADIOS.
System ID Start Date
(Various - total of 71 spares to be subtracted from above counts.)
Note. Radios that are kept as spares and used for temporary replacement of radios that are out of
service for maintenance will not be charged the full monthly access fee. Spare radios that are
used on a regular basis will be charged the full monthly access fee.
ADDENDUM 2
Valley Communications monthly rate structure for subscriber radios in 1997
No airtime charges will be collected in 1997 All charges will be on a per radio flat fee.
Law Enforcement per radio charge with no airtime charge $26 67
Fire Services per radio charge with no airtime charge $14.21
Non Public Safety per radio charge with no airtime charge $19 74
Alarm and Data service per radio charge with no airtime charge 50% of above applicable fee
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CITY OF * - - -S*
AUBUPeter B. Lewis, Mayor
WASH INGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931 3000
STATE OF WASHINGTON
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COUNTIES OF KING AND PIERCE )
I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the counties of King and
Pierce, State of Washington, do hereby certify that the foregoing is a full, true and
correct copy of Resolution No 2927 of the resolutions of the City of Auburn,
entitled "RESOLUTION NO 2927 "
I certify that said Resolution No 2927 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 1st day of June, 1998
Witness my hand and the seal of the City of Auburn this 31st day of December,
2008
Da A.7 Daskam, City Clerk
City of Auburn
AUBURN * MORE THAN YOU IMAGINED