HomeMy WebLinkAboutres1988-0741
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911RES.889
INTRODUCED BY:
PROPOSED BY: C
DATE: Decembe:
RESOLUTION NO. 88-74
RESOLUTION ACCEPTING
THE INTERLOCAL AGREEMENT
EXTENDING THE JOINT OPERATION
OF WHAT -COMM COMMUNICATIONS CENTER
WHEREAS, Whatcom County and the City of Bellingham entered into an
Interlocal Agreement beginning January 1, 1983 for the purpose of
providing for all Whatcom County public safety agencies a
.consolidated Communications Center, known as the What -Comm
Communications Center; and,
WHEREAS, the agreement terminates at midnight on the 31st day of
December 1988;•and,
WHEREAS, it is in the best .interests of all the citizens of Whatcom
County to continue to provide efficient and effective communications
service to the respective public safety agencies; and,
WHEREAS, the What -Comm Administrative Board has reviewed and
approved a new Interlocal Agreement continuing this joint service;
and,
WHEREAS, Section X, A states that the agreement may be extended in
duration by mutual agreement of the participating parties provided
that such extension is accepted by a legislative act of a majority
of the users,
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council
accepts the Interlocal Agreement attached as Exhibit A extending the
joint operation of the What -Comm Communications Center to the 31st
RESOLUTION - 1
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day of 1994, and authorizes the County Executive to sign the
agreement.
PASSED this 15th day of December , 1988.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
WILLIAM P. ROEHL
CHAIRMAN
ATTEST:
z
RAMONA REEVES
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
RANDALL J:
DEPUTY PRO
RESOLUTION -2.
, -CIVIL
NG ATTORNEY
0
WHAT -COMM COMMUNICATIONS CENTER
THIS AGREEMENT, by and between the County of Whatcom, a political
subdivision of the state of Washington (hereinafter the "County "); and the
City of Bellingham, a first -class municipal corporation of the state of
Washington (hereinafter the "City "); other local governments of Whatcom
County may receive communications services by signing a writing of agreement
with the Board of Administration for What -Comm Communications Center.
WITNESSETH THAT:
WHEREAS, both the City and the County have combined their emergency
communications centers in order to provide more efficient and effective
communications service to their respective public safety agencies, and
thereby to better serve the Public; and,
WHEREAS, the County's Sheriff's Office and the City's Police Department
have previously negotiated for the consolidation of their communications
under the supervision of the City's Police Department, and,
WHEREAS, R.C.W. 39.34 permits local governmental units to make official
use of their powers by enabling them to cooperate with other localities on a
basis of mutual advantage, and
WHEREAS, the citizens of Whatcom have approved by passage of initiative
that it is in the best interests of the citizens of Whatcom County to have a
consolidated public safety communications system with a 9 -1 -1 emergency
telephone answering point, utilizing the best available communications
equipment and taking advantage of the economies of scale,
WHEREAS, it is the goal of WHAT -COMM Communications Center to serve the
citizens of Whatcom County by providing an effective and efficient
communication link between those people with a fire, medical or law
enforcement emergency and those agencies which are designated to respond to
such an emergency.
00230 (1)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (206) 6766903
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, and pursuant to the provisions of R.C.W. Ch. 38.52 and R.C.W. 39.34,
the parties hereto do agree as follows:
I. PURPOSE
It is the purpose of this agreement to provide a mechanism whereby all.
Whatcom County Public Safety Agencies may combine their law enforcement,
fire and emergency medical communications dispatching services, by the
establishment of a consolidated Communications Center (hereinafter the
"What -Comm Communications Center "), operated by personnel of the City of
Bellingham's Police Department. The parties further hereby intend to
extend to all emergency service agencies of Whatcom County, including but
not limited to general municipal police departments, fire departments,
and emergency medical service units, the opportunity to receive
communication services.
II. DURATION
The duration of this agreement shall be in effect the 1st day of January,
1989, and terminate at midnight.on the 31st day of December, 1994, unless
this agreement is sooner extended or terminated in accordance with the
terms hereof.
III. ADMINISTRATIVE AND OPERATIONAL ORGANIZATION
A. Administrative Organization: The parties hereto agree to establish a
Board of Administration, which shall be the administrative
policy - making agency for the Center.
1. The board shall be composed of eight members, to wit: The
County Executive of Whatcom County; the Sheriff of the County;
the Mayor of the City of Bellingham; the Chairperson of the
00230 (2) City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (206) 6766903
Bellingham City Council Public Safety Committee; one elected
official to represent all of the rural fire districts joining
herein, said elected official to be chosen by them; the
Chairperson of the County Council Public Services Committee;
the City of Bellingham Chief of Police, or designee; and, for
other general authority enforcement of Whatcom County, one
elected official to represent all of them, to be chosen by
them.
2. The board may establish by -laws consistent with this agreement,
should the need arise.
3. The board shall have the authority to:
a. - Establish, via majority vote and in writing, broad policy
guidelines for the operation of the Center; and,
b. Determine annually, and review quarterly, the financial
contributions of the parties hereto, and to make
adjustments in the same if the Board determines that any
of the parties hereto is bearing an unjust share of the
costs of the Center. Decisions on financial contributions
shall be made by a majority of the Board plus one vote.
C. To approve the joining herein of any other user wishing to
participate, by giving its approval by majority vote,
without the necessity of re- submission of this agreement.
to the legislative bodies of the governments participating
herein; and,
d. The Board may review the operational policies and
procedures developed by the Operations Committee and the
Communications Director. The Board shall have, by
majority vote, power to finally resolve any disputes over
operations policies.
00230 (3) City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (206) 6766903
e. Prior to budget approval by the Administrative Board, they
and the Communications Director will meet with the Council
Finance Committees of the City of Bellingham and Whatcom
County to review the Center's budget. Other user cities
within Whatcom County will be informed on an annual basis
of the budget process including the Administrative Board's
budget review process and the Councils' Committees budget
review process.
B. Operational Organization: Operational supervision of the Center
shall be conducted by an Operations Committee.
1. The Operations Committee shall be composed of a delegate of the
Sheriff of Whatcom County, the Chief of the City of
Bellingham's Police Department or his delegate, the Center's
Director of Communications, who shall sit ex- officio and
without vote, the County's Emergency Services Director; the
Chief of the Bellingham Fire Department or his delegate, a
single Fire Chief from the rural fire districts, who shall be
chosen by the rural fire district Chiefs, and who shall
represent all of them; and, a single Police Chief
representative from the general authority law enforcement
agencies other than that of Bellingham, who shall be chosen by
the general law enforcement agencies, and who shall represent
all of them; The Administrative Board may approve additional
members of the Operations Committee on petition of a user
desiring representation thereon.
00230 (4)
2. The Operations Committee shall meet at least quarterly, and
shall have direct authority over the operations policies of the
Center. In this connection, it shall:
a. Review and approve the written operations guidelines of
the Center,
City of Bellingham
CITY ATTORNEY
210 Louie street
Bellingham. Washington 98225
Telephone (206) 676.6903
b. Resolve all disputes over Center operations between users,
and between users and the Center, subject to review by the
Administrative Board,
C. The Committee shall review the adequacy of equipment,
personnel, and other financial needs, and shall make
recommendations for budget and staffing changes to the
Administrative Board where appropriate, and,
d. Have authority to recommend for appointment by the Mayor
selection of a Director of Communications.
3. Decisions reached by the Operations Committee shall be by a
vote of the majority of the membership, plus one vote.
IV. JOINING OF OTHER USERS
Other governmental bodies or emergency service organizations of the
Whatcom County area may make use of the services of the Center, by:
A. Executing a writing, in accordance with the applicable laws of the
state of Washington, agreeing to be bound hereby in all respects,
including bearing a proportional share of the financing of the
Center, and,
B. Upon approval of the joining of a new user hereto, the
Administrative Board shall recompute the financial contributions
of the various parties hereto, and shall inform them forthwith of
their adjusted contribution for the current calendar year.
V. THE CITY OF BELLINGHAM AGREES TO:
A. Staff, operate, and maintain the Center, using employees of the
City.
00230 (5)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (206) 676.6903
B. The City shall employ and assign the selected Director of
Communications, who shall supervise the day -to -day operations of
the Center. The Director shall be responsible to the Bellingham
Chief of Police and the Operation Committee for the staffing and
direction of all personnel employed by the Center, for budget
preparation and management, and for the efficient operation of the
Center, including the development of operating policies and
procedures, scheduling, supervision and maintenance of liaison
with the other users of the Center.
C. The City shall maintain records and statistics of the operation of
the Center, and shall furnish a monthly report of activities of
the Center, and of each user's utilization of the Center.
D. The City shall provide the following communications services:
00230 (6)
1. A 9 -1 -1 emergency telephone answering point for the receipt of
calls for emergency and other assistance;
2. The development and utilization of a computer aided - dispatch
system for emergency vehicles and units, and provision of
necessary information thereto,
3. The maintenance, insofar as is possible or convenient, of
records of current warrants, wants, stops, stolen vehicles and
property,
4. The sending, receipt and advice of all teletype messages
addressed to or from parties hereto that are pertinent to the
operation of the communications center or the dispatching of
their public safety personnel.
5. The performance of other tasks and services necessary and
proper for the efficient operation of a comprehensive emergency
communications system.
City of Bellingham
CITY ATTORNEY
210 Lollie Street
Bellingham, Washington 98225
Telephone (206) 676.6903
E. The City shall provide only a direct ring down service terminating
in the U.S. Border Patrol Dispatch Center in Blaine through which
all emergency calls for police service within the corporate
boundaries of Blaine, Lynden and Sumas shall be directed for
dispatching.
F. The City shall establish a special revenue fund known as the Public
Safety Dispatch Fund. The fund is to account for the receipt and
expenditure of all monies related to the 9 -1 -1 telephone operation.
The operations within the fund shall be the responsibility of the
Bellingham Police Department and will be administered by the
Director of Communications in accordance with those policies
established by the Center's Board of Administration.
VI. THE COUNTY OF WHATCOM AGREES TO:
A. The Administrative Board is responsible for the location and leasing
of the facility and space of the center.
B. The County shall collect a County -wide telephone excise tax as
established by County Ordinance and make-it available to the City of
Bellingham within three days of receipt for deposit into the Public
Safety Dispatch Fund.
C. The appropriate county officials must approve or authorize any
alterations to the facility prior to work done. County officials
also have a right to inspect and assure that the facility is in
compliance with existing building regulations.
VII. THE PARTIES HERETO AGREE THAT:
A. Radio frequencies:
00230 (7)
Each participating user, while retaining its ownership or license
City of Bellingham
CITY ATTORNEY
210 Lottle Street
Bellingham, Washington 98225
Telephone (206) 676.6903
right to the radio frequencies used by the user at the time of
joining in this agreement, agrees to permit use and routine
operational control of those frequencies by Center personnel. Each
user shall be responsible for renewing its own frequency licenses at
the end of the respective license periods and to maintain their base
radio stations; repeaters and other radio support equipment.
B. Liabilities:
Except as provided to the contrary in R.C.W. 38.52, the City of
Bellingham agrees to hold harmless participating users from any
claims against those users directly resulting from actions or
omissions on the part of any employee or agent of the City acting in•
conjunction with this agreement; provided, however, that in the case
of any claim or lawsuit resulting from actions by employees or
agents of the City when acting in conjunction with this agreement,
where the said action was taken as a result of erroneous information
received from one of the participating user's officers or employees,
who was negligent in transmitting the information to the City
employee or agent, such user shall assume responsiblity for and hold
the City harmless from any such claim or liability arising from the
information generated or transmitted by that user.
C. Disputes between parties:
Should a dispute arise between two or more participants hereto, the
parties shall resolve the same by:
1. Submitting the dispute to the Operations Committee for
resolution by negotiation and mediation.
2. If the Operations Committee should fail to resolve the same, or
should one of the parties to the dispute find the solution
tendered unacceptable, the matter shall be submittei*oigeittoarn
CITY ATTORNEY
210 Lottie Slreel
Bellingham, Washington 98225
Telephone (206) 676.6903
00.2.30 (8)
Administrative Board for final disposition, in accordance with this
agreement.
VIII. FINANCES
A. It shall be the responsibility of the Director of Communication to
prepare an annual budget request which will include all necessary
and required revenues and expenditures. Such budget shall include
as expense items an amount for liability exposure or insurance
coverage as well as a sum sufficient to cover the Citys costs of
providing support services to the What /Comm Community Communications
Center together with all other reasonable and necessary expenses.
B. Commencing January 1, 1983, for all user agencies except the Rural
Fire Districts, and commencing November 1, 1983, for the Rural Fire
Districts, the participating parties shall pay to the City of
Bellingham on a quarterly basis, pursuant to this contract, their
financial contributions for the cost of operation of the Center.
User agencies will be billed each quarter for their estimated
proportional share of the yearly operating expenses of the center.
Bills will be adjusted the first quarter of each year to balance any
overpayments or underpayments of estimated bills for the previous
year.
C. Computation of the distribution of financial contributions:
00230 (9)
1. The overall computation shall first be determined by the
percentage of usage (calls- for - service) between the -two major
functions served by the Center of law enforcement and fire:
(e.g, during a given quarter police utilized 80 percent of the
calls- for - service and all fire functions utilized 20 percent).
Each function shall be responsible for that percentage of the
quarter's operating budget.
• City of Bellingham
CITY ATTORNEY
210 Lottle Street
Bellingham, Washington 98225
Telephone (206) 676.6903
a. The formula for further computing financial contributions
for police agencies is as follows:
[(Total Law Enforcement Cost) times (.75) times
(Population)] plus [(Total Law Enforcement Costs) times
(.25) times (usage)] equals the police user agencies'
financial contribution.
b. The formula for further computing financial contributions
for fire agencies is as follows:
[(Total Fire Cost) divided by total number of
calls- for - service] times [each agencies'
calls- for - service] equals user fire agencies' financial
contribution.
WHERE:
"Population" means the expression, in percent, of a user's
population as a proportion of the entire population served by the
Center. The population figure shall be based on the last general
census, updated by the latest estimates available from the state of
Washington or such other method as may be selected by the
Administrative Board.
"Usage" means the expression, in percent, of a user's use of the
services of the Center, as compared to the total usage by all
users. Usage shall be determined by a count of the user's "units of
use ", which is defined as an. incident which results in an emergency
services unit being dispatched, or an event number being assigned in
conformance with the procedures established by the Communications
Director. Once each month the City will provide a listing of Event
Numbers assigned to each user during the preceeding month, as well
as a set of management reports based on the data generated for that
00230 (10)
City of Bellingham
CITY ATTORNEY
210 Loltie Street
Bellingham, Washington 98225
Telephone (206) 676.6903
agency. If figures regarding units of use for an entire year are
unavailable for either a participating user or for the entire
system, the City may extrapolate the available figures in order to
determine either the yearly units of use attributable to a user, or
the annual units of use of the entire system.
"Financial Contribution" means the proportion of the Center's total
annual budget paid by a user, expressed as a percentage of that
budget. The Contribution may be reduced on a pro rata basis if the
user participates in the Center for less than a full year. The
total financial contribution shall be determined by calculation of
all planned disbursements and then subtracting all other anticipated
revenue sources except that to be paid by the user parties.
"Calls- For - Service" means each user's "units of use ", which is
defined as an incident which results in one or more emergency
services unit being dispatched and /or in a report or event number
being drawn.
Where financial contribution, population, usage, and calls for
service are used, they will be as defined above.
D. In the event a budget shortage occurs, the Administrative Board may
assess each user an additional levy, based on the above computation
of financial contributions.
E. The Center may accept gifts and donations, and may apply for and
receive grants of money or equipment from other governments. Grant
applications shall be prepared under supervision of the Operations
Committee, and shall be submitted on authority of, and with the
approval of, the Administrative Board.
IX. PROPERTY AND EQUIPMENT
A. Initially, the County and the City of Bellingham agree to combine
00230 (11)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham. Washington 99225
Telephone (206) 6766903
all communications center equipment owned by them respectively, or
to be obtained by them for this purpose, into equipping the Center.
B. Center equipment shall be in the custody of the City of Bellingham,
but ownership shall remain in the contributing agency. The City of
Bellingham shall be responsible for the maintenance of all such
equipment in good repair and adjustment, normal wear and tear
excepted.
Upon initial receipt of custody of equipment from any user
whatsoever, the City of Bellingham shall enter it into a master
inventory, describing the equipment fully, including its condition
on receipt.
Should any user withdraw from this agreement as provided herein,
equipment owned or controlled by it shall be returned to it within 90
days of the effective date of withdrawal.
C. Other users joining herein may contribute equipment to the Center in
accordance with the foregoing. Should another user, upon joining
herein, decide to maintain dispatch services or active base stations
in addition to services received from the Center, it is understood
that operational net control remains with the Center, absent
agreement by the Administrative Board to the contrary.
X. MODIFICATION, WITHDRAWAL AND TERMINATION
A. This agreement may be modified or extended in duration by mutual
agreement of the participating parties under the following
circumstances:
1. The Administrative Board and the Operational Committee agree on
the necessity for modification or extension; and,
00230 (12)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (206) 676 -6903
2. The Administrative Board submits, in writing, a proposed
modification or extension to all users currently joined herein;
and,
3. The modification or extension is accepted by legislative act of
a majority of the users joined herein. Modifications shall be
effective 30 days after the last acceptance by a user's
legislative body that constitutes a majority of users.
B. Withdrawal: The parties hereto or a participant may withdraw from
this agreement only by legislative act of its governing body,
communicated to the Administrative Board in writing. Such withdrawal
shall be effective on midnight of December 31, of the year in which
notice of withdrawal is tendered and in no case prior to that date.
Request to withdraw by either party hereto shall require 6 months
advance written notice.
C. Withdrawal may be imposed upon any user under the following
circumstances:
1. The Communications Director determines that a consistent pattern
of abuse of operational policies by a user's personnel exists,
and such determination is communicated to the Operations
Committee in writing.
2. The Operations Committee shall consider the recommendations of
the Communications Director, and shall attempt to obtain
compliance with operational policies by the abusing user. If
this fails, the Operations Committee shall make its written
report to the Administrative Board.
3. The Administrative Board shall attempt to resolve the abuse by
negotiation, if this fails, the Administrative Board shall have
the authority to terminate the user's services hereunder and
exclude the user herefrom, acting by a vote of the majority of
the Board plus one vote.
City of Bellingham
00230 ( 13 ) CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (206) 676 -6903
4. Involuntary withdrawal as described by the foregoing shall be
effective 90 days after the Administrative Board renders its
decision.
D. Termination of this agreement may be accomplished by the following:
1. The Administrative Board shall have the authority to recommend
termination of this agreement to the legislative bodies of the
users' governments. Upon acceptance of the recommendation for
termination by a user's legislative body, that user shall be
deemed to have withdrawn, in accordance with the foregoing.
2. Users desiring to continue hereunder after a recommendation for
termination may renegotiate this agreement, in accordance with
the provisions for modification provided herein.
3..' Termination of this agreement shall be effective no less than
120 days from the date of the recommendation for termination by
the Board.
E. General Terms
1. This agreement contains terms and conditions agreed upon by the
parties. The parties agree that there are no other
understandings, oral or otherwise, regarding the subject matter
of this agreement.
2. The City shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex,
or national origin. They shall take affirmative action to
insure that applicants are employed and that employees are
treated during employment, without regard to their race, color,
religion, sex or national origin. Such action shall include,
00230 (14)
City of Bellingham
CITY ATTORNEY
210 t.ottie Street
Bellingham, Washington 98225
Telephone (206) 676-6903
but not be limited to the following: employment, upgrading,
demotions, or terminations; rates of pay or other forms of
compensation, selection for training including apprenticeship;
and participation in recreational and education activities.
They agree to post, in conspicuous places available to employees
and applicants for employment, notices identical to those used
setting forth the provisions of this nondiscrimination clause.
In all solicitations or advertisements for employees placed by
them or on their behalf, the parties shall state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national
origin. They shall cause the foregoing provisions to be
inserted in all subcontracts for any work covered by this
agreement so that such provisions will be binding upon each
user.
3. Each party agrees to aid and assist the other in accomplishing
the objectives of this agreement.
4. The agreement shall be binding upon the parties hereto, their
successors and assigns.
EXECUTED this the day of
COUNTY:
Attest:
Clerk of the Council
Approved as to form:
�' --- . Z
Deputy Prosy uting Attorney
00230 (15)
, 1988 for WHATCOM
Whatcom County Executive
City of Bellingham
CITY ATTORNEY
210 Lottle Street
Bellingham, Washington 98225
Telephone (206) 6766903
EXECUTED, this the �day of elIq
2524e � 1988, for
the CITY OF BELLINGHAM:
Attest:
i ce Dire-10r
pprov d as to form:
City Attorney
Depar mental Approva
00230 (16)
�)�JL
Tim Douglas, Mayor
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington
Telephone (206) 61