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WCCCA - 9-1-1 Services cople AMENDMENT No. 2 TO INTERGOVERNMENTAL AGREEMENT WASHINGTON COUNTY CONSOLIDATED COMMUNICATIONS AGENCY THIS AMENDMENT to the Washington County Consolidated Communications Agency Intergovernmental Agreement (herein 'Intergovernmental Agreement") is made and entered into, pursuant to ORS 190.010 and by and among the Cities of Banks, Beaverton, Cornelius, Durham, Forest Grove (including Forest Grove Rural Fire Protection District), Gaston,Hillsboro,King City,North Plains, Sherwood,Tigard,and Tualatin;the Fire Districts of Tualatin Valley Fire & Rescue, Washington County Fire District #2, Cornelius Rural Fire, Gaston Rural Fire,Banks Fire Protection District#13;Forest Grove Rural Fire and Washington County (herein "participating jurisdictions"). WITNESSETH WHEREAS the participating jurisdictions have previously entered into the Intergovernmental Agreement creating the Washington County Consolidated Communications Agency (herein "Agency" or "WCCCA") for purposes of establishing and operating a public safety emergency communications system inclusive of a 9-1-1 jurisdiction as contemplated by ORS 403.105 to 403.250 that provides a cooperative and coordinated 9-I-1 primary public safety answering point for police, fire and emergency medical services for the benefit of all participating jurisdictions; and WHEREAS, from time to time, by amendment, the Intergovernmental Agreement has been modified to provide, among other things, expanded membership in the Agency; and WHEREAS the participating jurisdictions now desire to further amend the Intergovernmental Agreement to provide, among other things, for a new fee formula for participating jurisdictions and updating the language of the Intergovernmental Agreement to appropriately reflect the current ORS references and participating jurisdictions; NOW THEREFORE, the Intergovernmental Agreement is hereby amended, with said amendments incorporated into the text of the Intergovernmental Agreement and the entirety of the Intergovernmental Agreement, as amended, set forth below. TERMS AND CONDITIONS 1. WASHINGTON COUNTY CONSOLIDATED COMMUNICATIONS AGENCY The participating jurisdictions hereby create a 9-1-1 jurisdiction responsible for the provision of 9-1-1 service and public safety communications and agree that the Agency will be under ORS 190.003; and known as the WASHINGTON COUNTY CONSOLIDATED COMMUNICATIONS AGENCY. 2. POWERS AND AUTHORITY The Agency is vested with all powers, rights and duties necessary for performing the functions of a 9-1-1 public safety answering point and initiating appropriate response pursuant to ORS 403.105 to 403.250, including, but not limited to contracting for such services, as approved through the normal chain of authority for the Agency. 3. GOVERNING BODY AND VOTING BOARD a. The Agency shall be governed by a Board of Commissioners (herein "Board"), whose membership shall consist of voting and non-voting members. One representative from each participating jurisdiction shall constitute the Board. Each participating jurisdiction shall appoint, at its pleasure, one primary representative and one alternative representative, who may attend and participate, as provided herein, .in all Board meetings in the absence of the participating jurisdiction's primary representative. Representatives and alternates shall be an elected official or employee of their respective participating jurisdictions. b. Only the herein identified participating jurisdictions'-Board members shall have the authority to move, second or vote on any Agency Board action. These participating jurisdiction representatives shall be known as the Agency Voting Board. The Agency Voting Board will consist of those representatives of participating jurisdictions, singly or in combination, that contribute one percent or more of the total user fees paid by all participating jurisdictions. Initially the Voting Board shall consist of representatives of the cities, of Beaverton, Hillsboro, Tigard, Tualatin, Forest Grove, Sherwood, and Cornelius; Washington County; and the Tualatin Valley Fire and Rescue. In addition the Voting Board shall include one representative selected by the City participating jurisdictions of King City, Durham, North Plains, Gaston, and Banks, and one representative selected by the participating Fire District participating jurisdictions of Cornelius Rural Fire Protection District, Banks Fire Protection District#13, Gaston Rural Fire Protection District, and Washington County Fire District#2. C. The Voting Board shall be responsible for • Approval and adoption of the Agency Strategic Plan • Adoption of the Agency's annual budget and objectives • Approval of the "User Formula" for calculating fees to participating jurisdictions • Approval of all contracts in amounts as authorized by Agency administrative directive. d. All meetings of the Voting Board and CEO Board shall be held in accordance with Oregon Public Meeting Laws, ORS 192.610 to 192.690. A majority of the members of the Voting Board shall constitute a quorum for purpose of deliberation and decision of the Agency. All decisions of the Voting Board, unless otherwise provided herein, shall require a majority vote of those representatives in attendance and voting. e. The Voting Board, at the first meeting of every other calendar year, shall elect a Chair and Vice-Chair. The Chair shall be an elected official unless there is no elected official on the Voting Board willing to accept the position of Chair. If an elected official is unavailable or unwilling to serve, any member of the Voting Board may be elected Voting Board Chair. The term of the Chair and Vice-Chair shall be two years. The Chair, and in his/her absence the Vice-Chair, shall preside over all Voting Board meetings..The Communications Director, or designee, shall act as Clerk of the Board and be responsible for providing notices of meetings and keeping of minutes, as required by Oregon Public Meetings Laws. 4. CEO BOARD a. There. is hereby established a Chief Executive Officer's Board (herein "CEO Board") consisting of five (5) Voting Board participating jurisdiction representatives. The CEO Board shall consist of the Chair of the Voting Board (who shall be the Chair of the CEO Board); the Chief Administrative Officers or their designees from the two largest participating jurisdictions (as determined by the participating jurisdiction's user fee contribution), and two Chief Administrative Officer members who shall be appointed at-large by the Voting Board from the remaining participating jurisdictions. In the event the CEO Chair also represents one of the two largest participating jurisdictions, then three at-large members of the CEO Board shall be appointed, by the Voting Board, from the remaining participating jurisdictions. The CEO Board shall elect a Vice-Chair at the first meeting of every other calendar year. The term of the Vice-Chair shall be two years. In no case shall any jurisdiction have more than 1 member on the CEO Board. b. The CEO Board shall, among other things: • Nominate and recommend contract employment terms and conditions for the Agency Director subject to Board ratification • Based upon the direction of the WCCCA Board of Commissioners, provide oversight and direction to the WCCCA Director regarding all Agency operations • Approve policies and strategies for Agency service levels and administrative directives • Approve salary levels for all Agency employees subject to Board ratification • Recommend the Agency's annual budget to the Voting Board • Review and make recommendations to the Voting Board regarding user fees as detailed in Appendix A • Provide for an annual audit of the Agency's finances • Approve all contracts in amounts as authorized by Agency administrative directive. • Review all contracts over$50,000 and make recommendations to the Voting Board • Serve as final step of grievance procedure for unclassified employees • Provide direction and advice to Director regarding labor negotiations and make recommendations to Board of Commissioners. . • Perform other duties and responsibilities that may be assigned by the Voting Board. C. A majority of the members of the CEO Board attending a duly held meeting shall constitute a quorum for the purpose-of deliberation and decision. Each CEO Board member shall have one vote. Approval of at least three (3) CEO Board members is required for any action. 5. TECHNICAL ADVISORY COMMITTEE There is hereby established a Technical Advisory Committee (herein "TAC"), consisting of one representative appointed from each member law and fire agency. Each agency may also appoint an alternate, who will have voting authority in the absence of their agency's primary representative. (Refer to section 3b for list of member jurisdictions that will provide user agency participation.) . . TAC representatives shall be employees of their respective agencies and possess the appropriate decision-making authority needed to participate in the TAC function. a. TAC shall 1) provide advice and counsel to the Board, CEO Board and Communications Director in matters of Agency operational priorities, policies and procedures; 2) review and recommend to the Communications Director for adoption by the Agency, Standard Operating Guidelines (herein "SOG"); 3) provide advice and counsel to the Communications Director in the development of the Agency's annual operating budget; and 4) review and make recommendations to the CEO Board and Voting Board regarding user fees as detailed in appendix A. A majority of TAC members in attendance at a duly held meeting shall constitute a quorum for the purpose of deliberation and decision. Each agency representative on TAC shall have one vote. Any TAC Representative who provides the contracted response for a single or multiple jurisdictions shall have one vote. Any TAC Representative who has oversight responsibility of multiple user agencies shall have a vote for each of those agencies. b. All decisions of TAC shall require a majority vote of those representatives in attendance. C. TAC, at its first meeting of each calendar year, shall elect a Chair and Vice- Chair for one-year terms. TAC shall meet at least quarterly, and at a time and place designated by its members. Special meetings of TAC may be called by the Chair or any two (2) members upon at least seven (7) days prior written notice to all TAC members. 6. COMMUNICATIONS DIRECTOR a. The Board shall select and appoint a Communications Director, based upon administrative and technical competence. b. The Communications Director shall be the chief administrative officer of the Agency and be responsible for 1) Agency administration, personnel, purchasing and budget functions, in conformance with the policies and rules adopted by the Board; 2) dispatching, phone answering, recordkeeping, security and other Agency functions in conformance with the policies adopted by the Board; 3) hiring, training, discipline and/or discharge of all subordinate Agency personnel, subject to applicable Agency rules and policies; 4) attending and providing executive staffing of Board, CEO Board and TAC meetings; and 5)preparing and presenting to the Agency Budget Committee a proposed budget for the next fiscal year. 7. FUNDING a. The services of the Agency shall be funded from contributions from participating jurisdictions, including the relinquishment or assignment of each participating jurisdiction's 9-1-1 excise taxes. Distributions of the 9-1-1 excise tax will be made in accordance with ORS 403.240. b. Participating jurisdiction contributions shall be calculated in a manner known as the "Member Fee Formula" as described in Appendix A. Member Fee contributions shall be paid in four (4) equal installments and due no later than July 10, October 10,January 10, and April 10 of each year. C. Those consolidated Voting Board members from small city and small fire district Agency members, shall have their annual member fee contribution increases capped at no more than three percent (3%) each fiscal year. The affected Agency members are specifically identified in article 3b (Governing body and Voting Board) of this agreement. The portion of member fees not paid by consolidated Voting Board members as a result of section 3b is paid by non-consolidated Voting Board members on a proportionate-share basis of total user fees for Voting Board members whose votes are not consolidated. 8. INCREASING MEMBERSHIP The Voting Board shall develop a method for allowing Agency membership for other units of local government. New participating jurisdictions shall be accepted as members of the Agency only upon unanimous approval of all Board members, via the normal chain of authority for the Agency. All participating jurisdictions shall be responsible for directly or indirectly providing an emergency service. Emergency services are police, fire or emergency medical services. 9. DURATION. WITHDRAWAL AND TERMINATION This Agreement is perpetual and the Agency shall continue from year-to-year provided, however, 1) any participating jurisdiction may withdraw from the Agency upon providing written notice to the Chairman not later than June 30 of any year for withdrawal effective July 1 of the following calendar year; and 2) the Agency may be dissolved upon mutual agreement of all participating jurisdictions. A participating jurisdiction may withdraw from the Agency without written notice required herein, only if agreed to by all remaining participating jurisdictions 10. REMEDIES If a participating jurisdiction withdraws from this Agency,but fails to provide necessary notice or to obtain mutual consent of all participating jurisdictions, the parties agree that the liquidated damages for such action shall be not less than the withdrawing party's share of the Agency's annual operation costs for the next fiscal year, as determined by the Agency's Member Fee Formula. In the event any party files litigation to enforce this Agreement, or any portion thereof, the prevailing party shall be entitled to reasonable attorney fees and costs, including any fees and costs incurred in an appeal, and as determined by the appropriate court. 11. AMENDMENTS This Agreement may only be changed, modified, or amended upon three-fourths (3/4) vote of all participating jurisdictions. 12. EFFECTIVE DATE This Agreement shall become effective when it has been authorized by resolution of a majority of the governing bodies of the participating jurisdictions identified herein. Notwithstanding paragraph 8, Increasing Membership, those participating jurisdictions that do not enter into this Agreement prior to its effective date,may become members of the Agency upon authorization by resolution of their governing bodies, provided such authorization is enacted prior to December 1, 1990. Any jurisdiction desiring to join the Agency after December 1, 1990, may do so subject to paragraph 8, Increasing Membership. 13. PRIOR AGREEMENTS This Agreement, upon its effective date, supersedes the previous WCCCA Intergovernmental Agreement, however, any and all prior agreements of WCCCA and/or.between the participating jurisdictions regarding cooperative and coordinated efforts to provide a 9-1-1 primary public safety answering point for police, fire and emergency medical services shall remain in full force and effect until modified, terminated and/or replaced by the participating jurisdictions. The WCCCA established pursuant to this Agreement shall maintain any and all rights and responsibilities of the previous WCCCA in regard to other persons or parties. 14. SEVERABILITY The terms of this Agreement are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Agreement that results on the invalidity of any part, shall not affect the remainder of the Agreement. 15. INTERPRETATION The terms and conditions of this Agreement shall be liberally construed in accordance with the general purposes of this Agreement. 16. EXECUTION AND COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which will be deemed an original, and such counterparts together will constitute only one instrument. Any one counterpart will be sufficient for the purpose of proving the existence and terms of this Agreement, and no party will be required to produce an original or all of the counterparts in making such proof. APPENDIX A COST ALLOCATION PLAN Agency costs shall be allocated to the members based on factors and metrics such as,but not limited to,the ratio of population,public calls for service,and air time, as approved by the Board. REVIEW The Agency shall monitor the ratio of costing factors to determine if those ratios provide equitable costs to all members. At each annual Board Retreat,the Director(or designee)shall report on the efficacy of the costing ratios. CHANGES TO THE COST ALLOCATION PLAN The Director, TAC, CEO Board or Board may request a review of the costing ratios. . If a review is requested,the Agency Director may convene a member fee sub-committee. The recommendations of the sub-committee shall be presented to the TAC,CEO Board and Board of Commissioners. The Board of Commissioners may modify the'costing ratios at such time as the Board establishes member fees for the upcoming fiscal year. SUBSCRIBED TO AND ENTERED INTO by the appropriate officer(s)who is duly authorized by resolution to execute this Agreement on behalf of the governing body of the below-named unit of local government. SIGNATURE LINES HERE Dated this �i7� day of �( ,2014 City of Banks Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Banks Fire Protection District#13 Legal Counsel APPROVED AS TO FORM Dated this day of 12014 City of Forest Grove Legal Counsel APPROVED AS TO FORM Dated this day of 52014 City of Beaverton Legal Counsel APPROVED AS TO FORM Dated this day of 12014 /� /j 0-vL Ci of Beaverto Legal Counsel APPROVED AS TO FORM Dated this C2 day of l ,2014 City of Cornelius Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Cornelius Rural Fire District Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Durham Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Gaston Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Beaverton Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Cornelius Legal Counsel APPROVED AS TO FORM Dated this day of �,2014 Corne ' s XuralFire Dist4c Legal Counsel APPROVED AS TO FORM Dated this day of �I�t`c�Edr" ,2014 City of Durham Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Gaston Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Beaverton Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Cornelius Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Cornelius Rural Fire District Legal Counsel APPROVED AS TO FORM Dated this 7 day of '2014 dity of Durham Legal Counsel APPROVED AS TO FORM Dated this day of 52014 City of Gaston Legal Counsel APPROVED AS TO FORM SUBSCRIBED TO AND ENTERED INTO by the appropriate officer(s)who is duly authorized by resolution to execute this Agreement on behalf of the governing body of the below-named unit of local goverarnent. SIGNATURE LINES HERE Dated this day of ,2014 City of Banks Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Banks.Fire Protection District#13 Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Forest Biro e Legal Counsel APPROVED AS TO FORM Dated this 22nd day of September , 2014 Forest drove Rural Fire Protection District Legal Counsel APPROVED AS TO FORM 2�t�- Dated this day of 52014 City of Beaverton Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Cornelius Legal Counsel APPROVED AS TO FORM Dated this day of 92014 Cornelius Rural Fire District Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Durham Legal Counsel APPROVED AS TO FORM Dated this day ofd,2014 lL v City of Gaston gal Counsel APPROVED AS TO FORM Dated this day of ,2014 Gaston Rural Fire District Legal Counsel APPROVED AS TO FORM Dated this day of '2014 N�iof HilIre Counsel A 0 APPROVED AS TO FORM Ct y R corder Dated this day of 12014 City of King City Legal Counsel APPROVED AS TO )~ORM Dated this day of ,2014 City of North Plains Legal Counsel APPROVED AS TO FORM Dated this day of 52014 City of Sherwood Legal Counsel APPROVED AS TO FORM Dated this _day of ,2014 s City of Hillsboro Legal Counsel APPROVED AS TO FORM Dated this �y day of 12014 City of King City Legal el APPROVED AS TO FORM Dated this day of 12014 i City of North Plains Legal Counsel 1 APPROVED AS TO FORM • i 3 Dated this day of ,2014 City of Sherwood Legal Counsel ' APPROVED AS TO FORM Dated this day of ,2014 City of Tigard Legal Counsel APPROVED AS TO FORM Dated this day of 92014 Gaston Rural Fire District Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Hillsboro Legal Counsel APPROVED AS TO FORM Dated this day of 92014 City of King City Legal Counsel APPROVED AS TO FORM Dated this C day of c �,2014 City of North Plains Legal Counsel APPROVED AS TO FORM Dated this day of 52014 City of Sherwood Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Gaston Rural Fire District Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Hillsboro Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of King City Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of North Plains Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City f h oo Legal Counsel 7 APPROVED AS TO FORM Resolution 2014-054,Exh A August 5,2014,10 of 12 SUBSCRIBED TO AND ENTERED INTO by the appropriate officer(s)who is duly authorized by resolution to execute this Agreement on behalf of the governing body of the below-named unit of local government. SIGNATURE LINES HERE Dated this day of ,2014 City of Banks Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Banks Protection District#13 Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Forest Grove Legal Counsel APPROVED AS TO FORM Dated this day of , 2014 Forest Grove Rural Fire Protection District Legal Counsel APPROVED AS TO FORM Dated this r� day of -, v . e m d 2014 L__/w Alct I/V-2,7 City of Tigard Legal-Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Tualatin Legal Counsel APPROVED AS TO FORM Dated this day of 72014 Tualatin Valley Fire&Rescue Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Washington County Fire District#2 Legal Counsel APPROVED AS TO FORM Dated this day of 12014 Washington County Legal Counsel APPROVED AS TO FORM Dated this �- day of 2014 rty of T alatin Legal Counsel APPROVED AS TO F Dated this day of ,2014 Tualatin Valley Fire&Rescue Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Washington County Fire District#2 Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Washington County Legal Counsel APPROVED AS TO FORM Dated this day of 12014 City of Tigard Legal Counsel APPROVED AS TO FORM Dated this day of 52014 City of Tualatin Legal Counsel APPROVED AS TO FORM Dated this 09 day of '2014 Tualatin Valley Fire & escue Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Washington County Fire District#2 Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Washington County Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Tigard Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Tualatin Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Tualatin Valley Fire &Rescue Legal Counsel APPROVED AS TO FORM Dated this day of 2014 ."'.ezi W shingto 'Cg Fire District#2 Legal Counsel APPROVED AS TO FORM Dated this day of 92014 Washington County Legal Counsel APPROVED AS TO FORM Dated this day of J —92014 Gaston Rural Fire District Legal Counsel APPROVED AS TO FORM Dated this day of , 2014 City of Hillsboro Legal Counsel APPROVED AS TO FORM Dated this day of 2014 City of King City Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of North Plains Legal Counsel APPROVED AS TO FORM Dated this day of , 2014 City of Sherwood Legal Counsel APPROVED AS TO FORM Dated this day of 52014 City of Tigard Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 City of Tualatin Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Tualatin Valley Fire&Rescue Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Washington County Fire District#2 Legal Counsel APPROVED AS TO FORM Dated this day of ,2014 Washington Countyegal Counsel Chairman Board Of cor��missiorze�:. APPROVED AS TO FORM APPROVED WASIIINGTON t;d}UK0 BOARD OF COMMISSIONERS MINUTE ORDER# DME 0 7 - 2 z BY d CLERK OFT E BCARD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WASHINGTON COUNTY CONSOLIDATED COMMUNICATIONS AGENCY THIS AMENDMENT to the Washington County Consolidated Communications Agency Intergovernmental Agreement("Intergovernmental Agreement)is made and entered into,pursuant to ORS 190.010 and by and among the Cities of Banks,Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City,North Plains, Sherwood, Tigard, and Tualatin; the Fire Districts of Tualatin Valley Fire&Rescue, Washington County No. 2, Cornelius Rural Fire, Gaston Rural Fire, Tri-Cities Rural Fire; Forest Grove Rural Fire and Washington County(herein "participating jurisdictions"). WITNESSETH WHEREAS the participating jurisdictions have previously entered into the Intergovernmental Agreement creating the Washington County Consolidated Communications Agency("Agency")for purposes of establishing and operating a public safety emergency communications system inclusive of a 9-1-1 jurisdiction as contemplated by ORS 401.710 to 401.790 that provides a cooperative and coordinated 9-1-1 primary public safety answering point for police, fire and emergency medical services for the benefit of all participating jurisdictions; and WHEREAS, from time to time,by amendment, the Intergovernmental Agreement has been modified to provide, among other things, expanded membership in the Agency; and WHEREAS the participating jurisdictions now desire to further amend the Intergovernmental Agreement to provide, among other things,for a Voting Board among the participating jurisdictions and assigning responsibilities thereto; NOW THEREFORE,the Intergovernmental Agreement is hereby amended,with said amendments incorporated into the text of the Intergovernmental Agreement and the entirety of the Intergovernmental Agreement, as amended, set forth below. TERMS AND CONDITIONS 1. WASHINGTON COUNTY CONSOLIDATED COMMUNICATIONS AGENCY The participating jurisdictions hereby create a 9-1-1 jurisdiction responsible for the provision of 9-1-1 service and public safety communications and agree that the Agency will be under ORS 190.003; and known as the WASHINGTON COUNTY CONSOLIDATED COMMUNICATIONS AGENCY. 2. POWERS AND AUTHORITY The Agency is vested with all powers,rights and duties necessary for performing the functions of a 9-1-1 public safety answering point and initiating appropriate response pursuant to ORS 401.710 to 401.790, including,but not limited to, contracting for such services. WP51/AGMT/REVISEDIGAAgreement.doc Page 1 Board Approved 07/20/00 Notwithstanding the above,it is understood and agreed that the City of Forest Grove shall be the 9-1-1 public safety answering point for all such phone calls originating in the City of Forest Grove, and further the City of Forest Grove shall forward those calls for fire and/or emergency medical services to the.Agency and shall be responsible for dispatch of police services within the City of Forest Grove. 3. GOVERNING BODY AND VOTING BOARD a. The Agency shall be governed by,a Board of Commissioners(herein"Board"), whose membership shall consist of voting and non-voting members. One representative from each participating jurisdiction shall constitute the Board. Each participating jurisdiction shall appoint, at its pleasure,one primary representative and one alternative representative,who may attend and participate, as provided herein, in all Board meetings in the absence of the participating jurisdiction's primary representative. Representatives and alternates shall be an elected official or employee of their respective participating jurisdictions. b. Only the herein identified participating jurisdictions' Board members shall have the authority to move, second or vote on any Agency Board action. These participating jurisdiction representatives shall be known as the Agency Voting Board. The Agency Voting Board will consist of those representatives of participating jurisdictions, singly or in combination,contribute one percent or more of the total user fees paid by all participating jurisdictions. Initially the Voting Board shall consist of representatives of the cities, of Beaverton,Hillsboro, Tigard, Tualatin, Forest Grove, Sherwood,and Cornelius; Washington County; and the Tualatin Valley Fire and Rescue. In addition the Voting Board shall include one .representative selected by the City participating jurisdictions of King City, Durham, North Plains,Gaston, and Banks),and one representative selected by the participating Fire District participating jurisdictions ofCornelius Rural Fire. Protection_District,Tri-Cities Rural Fire Protection District, Gaston Rural Fire Protection District, and Washington County District#2. Notwithstanding the above, the City of Forest Grove and the Forest Grove Rural Fire Protection District together shall appoint a single,primary representative and single alternate representative to the Voting Board. C. The Voting Board shall be responsible for • Approval and adoption of the Agency Strategic Plan • Approval and adoption of the Agency annual objectives and work plan • Adoption of general policy guidelines and performance standards for Agency service levels • Adoption of the Agency's annual budget • Approval of all contracts in amounts as authorized by Voting Board administrative directive. WP51/AGMT/REVISEDIGAAgreement.doc Page 2 Board Approved 07/20/00 d. All meetings of the Voting Board and CEO Board shall be held in accordance with Oregon Public Meeting Laws, ORS 192.610 to 192.620. A majority of the members of the Voting Board shall constitute a quorum for purpose of deliberation and decision of the Agency. All decisions of the Voting Board, unless otherwise provided herein, shall require a majority vote of those representatives in attendance and voting. e. The Voting Board, at its first organizational meeting, or as soon thereafter as reasonable, shall adopt rules governing its procedures, and including at a minimum . 1)time and place of regular meetings; 2)method and manner of calling special meetings; 3)method,term and manner of election of Voting Board officers; 4) procedures for executing documents on behalf of Agency; and 5) CEO Board and User Committee rules of procedure. f. The Voting Board, at its first organizational meeting, shall elect a Chair and Vice-Chair. The Chair shall be an elected official unless there is no elected official on the Voting Board willing to accept the position of Chair. If an elected official is unavailable or unwilling to serve, any member of the Voting Board may be elected Voting Board Chair. The term of the.Chair and Vice-Chair shall be two years,with elections held at the Board's first meeting in January of even-numbered years. The Chair, and in his/her absence the Vice-Chair shall preside over all Voting Board meetings. The Communications Director, or designee, shall act as Clerk of the Board and be responsible for providing notices of meetings and keeping of minutes, as required by Oregon Public Meetings Laws. 4. CEO BOARD a. There is hereby established a Chief Executive Officer's Board(herein"CEO Board") consisting of five(5)Voting Board participating jurisdiction representatives. The CEO Board shall consist of the Chair of the Voting Board(who shall be the Chair of the CEO Board); the Chief Administrative Officers or their designees from the two largest participating jurisdictions (as determined by the participating jurisdiction's user fee contribution), and two Chief Administrative Officer members who shall be appointed at-large by the Voting Board from the remaining participating jurisdictions. In the event the CEO Chair also represents one of the two largest participating jurisdictions,then three at-large members of the CEO Board shall be appointed,by the Voting Board, from the remaining participating jurisdictions. . The CEO Board shall designate a Vice-Chair at the first meeting of each year. In no case shall any jurisdiction have more than 1 member on the CEO Board. b. The CEO Board shall, among other things: • Nominate and recommend contract employment terms and conditions for the Agency Manager subject to Board ratification ® Based upon the direction of the WCCCA Board of Commissioners,provide oversight and direction to the WCCCA Manager regarding all Agency operations • Adopt implementing policies and strategies for Agency service levels WP51/AGMT/REVISEDIGAAgreement.doc Page 3 Board Approved 07/20/00 • • Approve all other agency operating policies including personnel policies • Approve salary levels for all Agency employees subject to Board ratification • Recommend the Agency's annual budget to the Voting Board • Provide for an annual audit of the Agency's finances • Approve all contracts in amounts as authorized by Voting Board administrative directive. • Review all contracts over$50,000 and make recommendations to the Voting Board • Serve as final step of grievance procedure for unclassified employees • Provide direction and advice to Director regarding labor negotiations and make recommendations to Board of Commissioners. • Perform other duties and responsibilities that may be assigned by the Voting Board. C. A majority of the members of the CEO Board attending a duly held meeting shall constitute a quorum for the.purpose of deliberation and decision. Each CEO Board member shall have one vote. Approval of at least three(3)CEO Board members is required for any action. 5. TECHNICAL ADVISORY COMMITTEE a. There is hereby established a Technical Advisory Committee(herein"User Committee"),consisting of one representative appointed from each of the following agencies: Banks Police,Beaverton Police, Cornelius Police, Gaston Police,Hillsboro Police,King City Police,North Plains Police, Sherwood Police,Tigard Police Washington County Emergency Medical Services,Tualatin Police, Washington County Sheriff s Office,City of Durham,City of Forest Grove/Forest Grove Fire, Cornelius Fire, Gaston Fire,Tri-Cities Fire,Hillsboro Fire,Tualatin Valley Fire& Rescue, and Washington County Fire No. 2. It is understood that the User Committee shall include a single representative for the City of Forest Grove and the Forest Grove Rural Fire Protection Agency. User Committee representatives shall be employees of their respective agency. b. The User Committee shall 1)provide advice and counsel to the Board, CEO Board and Communications Director in matters of Agency operational priorities,policies and procedures; 2)review and recommend to the Communications Director for adoption by the Agency, Standard operating Procedures(herein"SOPS"); and 3) provide advice and counsel to the Communications Director in the development of the Agency's annual operating budget. WP51/AGMT/REVISEDIGAAgreement.doc Page 4 Board Approved 07/20/00 C. A majority of the User Committee members in attendance at a duly held meeting shall constitute a quorum for the purpose of deliberation and decision. Each agency representative on the User Committee shall have one vote. All decisions of the User Committee shall require a majority vote of those representatives in attendance. d. The User Committee, at its first organizational meeting, shall elect a Chair and Vice-Chair for a one-year term. The User Committee shall meet at least quarterly, and at a time and place designated by its members. Special meetings of the User Committee may be.called by the Chair or any two (2)members upon at least seven(7) days prior written notice to all User Committee members. 6. COMMUNICATIONS DIRECTOR a. The Board shall select and appoint a Communications Director,based upon administrative and technical competence. b. The Communications Director shall be the chief administrative officer of the Agency and be responsible for 1) Agency administration,personnel,purchasing and budget functions, in conformance with the policies and rules adopted by the Board; 2) dispatching,phone answering,recordkeeping, security and other Agency functions in conformance with the policies adopted by the Board; 3)hiring,training,discipline and/or discharge of all subordinate Agency personnel, subject to applicable Agency rules and policies; 4) attending and providing executive staffing of Board, CEO Board and User Committee meetings; and d)preparing and presenting to the Agency Budget Committee, not later than the first Monday in January, a proposed budget for the next budget year. 7. FUNDING a. The services of the Agency shall be funded from contributions from participating jurisdictions, including the relinquishment or assignment of each participating. jurisdiction's 9-1-1 excise taxes. Participating jurisdiction contributions shall be made in the manner described in Appendix A attached hereto and known as the "User Formula. User Formula contributions shall be paid in four(4) equal installments and due no later than July 10, October 10, January 10, and April 10 of each year. Participating jurisdictions that elect to continue to receive 9-1-1 excise tax funds directly shall promptly forward those funds to be provided to the Agency in accordance with the User Formula as set forth in Appendix A. b. Notwithstanding the above, the City of Forest Grove shall keep any and all 9-1-1 excise tax funds it receives directly and shall not forward those to the Agency. In addition,Appendix A,,the user formula, as applied to the City of Forest Grove, shall not attribute to the City of Forest Grove costs associated with police dispatch. WP51/AGMT/REVISEDIGAAgreement.doc Page 5 Board Approved 07/20/00 8. EQUIPMENT a. The Voting Board shall consider and adopt policies relating to ownership and maintenance responsibilities for equipment necessary for the operation of the Agency. Upon adoption of such policies by the Voting Board,the Communications Director shall cause them to be mailed to each participating jurisdiction's city manager or chief administrative officer, for purposes of review and/or comment and objection. If no participating jurisdiction provides the Communications Director with written objections to the policies,within 30 days of their mailing, it shall be assumed the policies are acceptable to the participating jurisdictions and the policies shall be deemed effective as of that date. b. In the event of Agency dissolution, equipment and furnishings not identified for return to a participating jurisdiction shall be sold, in accordance with applicable law, and the funds from such sale distributed to the participating jurisdictions in proportion to their funding contribution to the Agency for the preceding three(3)year period. 9. INCREASING MEMBERSHIP The Voting Board shall develop a method for allowing Agency-membership for other units of local government.New participating jurisdictions shall be accepted as members of the Agency only upon unanimous approval of all Board members. All participating jurisdictions shall'be responsible for directly or indirectly providing an emergency service. Emergency services are police, fire or emergency medical services. 10. DURATION, WITHDRAWAL AND TERMINATION This Agreement is perpetual and the Agency shall continue from year-to-year provided, however, 1) any participating jurisdiction may withdraw from the Agency upon providing written notice to the Chairman not later than June 30 of any year for withdrawal effective July 1 of the following calendar year; and 2)the Agency may be dissolved upon mutual agreement of all participating jurisdictions. A participating jurisdiction may withdraw from the Agency without written notice required herein, only if agreed to by all remaining participating jurisdictions. The governance and funding structure of this agreement may be subject to review by the Voting Board upon completion of 4 years from the effective date if a review is requested by at least one participating jurisdiction. 11. REMEDIES If a participating jurisdiction withdraws from this Agency,but fails to provide necessary notice or to obtain mutual consent of all participating jurisdictions,the parties agree that the liquidated damages for such action shall be not less than the withdrawing party's share of the Agency's annual operation costs for the next fiscal year, as determined by the Agency's User Formula. In the event any party files litigation to enforce this Agreement, or any portion thereof, the prevailing party shall be entitled to reasonable attorney fees and costs, including any fees and costs incurred in an appeal, and as determined by the appropriate court. WP51/AGMT/REVISEDIGAAgreement.doc Page 6 Board Approved 07/20/00 12. AMENDMENTS This Agreement may only be changed,modified,or amended upon three-fourths(3/4) vote of all participating jurisdictions. 13. EFFECTIVE DATE This Agreement shall-become effective when it has been authorized by resolution of a majority of the governing bodies of the participating jurisdictions identified herein. Notwithstanding.paragraph 9, Increasing Membership, those participating jurisdictions that do not enter into this Agreement prior to its effective date,may become members of the Agency upon authorization by resolution of their governing bodies,provided such authorization is enacted procto December 1, 1990.Any jurisdiction desiring to join the Agency after December 1, 1990,may do so subject to paragraph 9, Increasing Membership. 14. PRIOR AGREEMENTS This Agreement,upon its effective date, supersedes the previous WCCCA Intergovernmental Agreement, however, any and all prior agreements of WCCCA and/or between the participating jurisdictions regarding cooperative and coordinated efforts to provide a 9-1-1 primary public safety answering:point for police, fire and emergency medical services shall remain in full force and effect until modified,terminated and/or replaced by the participating jurisdictions. The WCCCA established pursuant to this Agreement shall maintain any and all rights and responsibilities of the previous WCCCA in regard to other persons or parties. 15. SEVERABILITY The terms of this Agreement are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Agreement that results on the invalidity of any part, shall not affect the remainder of the Agreement. 16. INTERPRETATION The terms and conditions of this Agreement shall be liberally construed in accordance with the general purposes of this Agreement. WP51/AGMT/REVISEDIGAAgreement.doc Page 7 Board Approved 07/20/00 SUBSCRIBED TO AND ENTERED INTO by the appropriate officer(s)who are duly authorized by resolution to.execute this Agreement on behalf of the governing body of the below-named unit of local government. SIGNATURE LINES HERE Dated this day of 2000 City of Banks City Attorney APPROVED AS TO FORM Dated this day of 2004 Ci o Beaverton City Attorney APPROVED AS TO FORM Dated this 1.3 day of , 200f City of 11ornelius City Attorney APPROVED AS TO FORM Dated s o,4- day f �� ' ,2000 T � Cornelius ire Dis ct City Attorney APPROVED AS TO FORM WP51/AGMT/REVISEDIGAAgreement.doc Page 8 Board Approved 07/20/00 Dated this Z Z day of aGyc-`c , 2000 � r~ C' of Dur am City Attorney APPROVED AS TO FORM Dated this 1 day of Jr 92000 City of Gaston City Attorney APPROVED AS TO FORM Dated this day of / 2000 Gaston ire District City Attorney APPROVED AS TO FORM Dated this day of 1200f, City of Hillsboro City Attorney APPROVED AS TO FORM Dated this day of , 2000 City of King City City Attorney APPROVED AS TO FORM WP51/AGMT/REVISEDIGAAgreement.doc Page 9 Board Approved 07/20/00 Dated this day of 92000 City of North Plains City Attorney APPROVED AS TO FORM Dated this day of ,2000 City of Sherwood City Attorney APPROVED AS TO FORM Dated this day of 92000 sm ty of Tigard City AttorneWr y APPROVED AS TO FORM Dated ' day of ,2000 City of Tualatin City Attorney APPROVED AS TO FORM Dated this day of ,2000 Tua4ff tVe F e&ieEW City Attorney APPROVED AS TO FORM WP51/AGMT/REVISEDIGAAgreement.doc Page 10 Board Approved 07/20/00 Dated this 6 day of 066E , &e- , 2004 Washington ounty Fire District#2 City Attorney APPROVED AS TO FORM Dated this 18 day of �P1 P.N1 , 2000 R Washington County Arney APPROVED AS TO FORM Dated this day of 00 ity of Forest Grove - City Attorney APPROVED O FORM Dated this day of Adv e-ft 6$r ,200e 4ri-C' ' s Rural Fire Protection District City Attorney APPROVED AS TO FORM WP51/AGMT/REVISEDIGAAgreement.doc Page 11 Board Approved 07/20/00 APPENDIX A USER FORMULA Agency costs shall be distributed to the users based on a per-console cost. The base operating budget shall be determined and direct costs which can be identified to the listed divisions shall be directly allocated. Divisions are as follows: 1. 9-1-1/Call Answering 2. Police Dispatch 3. Fiie/EMS Dispatch 4. Technical 5. Administrative/Overhead Indirect costs not identified to a division and technical division costs shall also be distributed to the listed divisions in the same proportion as direct costs. The administrative/overhead costs shall be allocated to 9-1-1,police, and fire/EMS based on a direct labor ratio. 9-1-1 Excise Tax Revenue shall be directly forwarded from each participating jurisdiction receiving excise tax to the commission. After each division has had all direct and indirect costs distributed, 9-1-1 revenue will be used to fund the 9-1-1 division. Excess 9-1-1 revenue will be distributed to offset costs to the police division and the f ire/BMS division on a proportional share of 9-1-1 activity. The f ire/EMS dispatch console costs will then be apportioned to each fire user based upon a proportional share of actual incidents,based on the previous year's activity levels. The police dispatch costs shall be apportioned to each user based on consoles used by each jurisdiction. In the event a console is shared by several jurisdictions,the console cost shall be apportioned based on.the percentage of population served. After actual costs for each jurisdiction are determined, the agencies represented by a combined Voting Board Representative(.Cornelius Fire,Tri-Cities!Fire, Gaston Fire,Washington County District#2,King City, Durham,North Plains, Gaston Police, Banks)shall have their adjusted costs determined: As adopted by the Board of Commissioners on 12-16-99, these members' fees may not increase by more than 3%per year, using the FY 99=OO.user fees as the base year. Any WP51/AGMT/REVISEDIGAAgreement.doc Page 12 Board Approved 07/20/00 remaining increase is to be.distributed to the remaining users proportionate to their share of the user fees for agencies without combined representation. USER FORMULA The workload user cost distribution formula is prepared for the purpose of allocating operating costs to each user based on actual workload. Upon data.becoming.available, a full management report shall be directed to the CEO Board of the Commission for the review and adoption of a workload user formula. The revised formula shall be patterned.directly from the following cost distribution workload formula. Workload and user costs will be identified by cost center. 9-1-1 revenue for each user will be credited for each user's 9-1-1 costs as identified by the cost center. Should there be excess 9-1-1 revenue,the credit shall be applied to the user's dispatch cost centers,thereby assuring costs and revenue are directly applied to a jurisdiction and assuring no one entity subsidizes another's 9-1-1 costs. All 9-1-1 Excise Tax Revenue received by each participating jurisdiction shall be directly forwarded to the Agency. The operating budget of the Agency shall be prepared and costs allocated to usersas identified in the following steps. STEP 1. Identify Cost Centers. A. Five(5)cost centers are identified: 1) Call Answering 2) Police Dispatch 3) Fire/EMS Dispatch 4) Technical Support 5) Administration/Overhead STEP 2. Identify Operating Costs of Each Cost Center. A. Call Answering: Call answering costs include personnel staffing requirements,telephone line charges, and associated costs.for 9-1-1 (basic or enhanced)and business calls(7-digit into the dispatch center). This call answering does not include administrative business calls. WP51/AGMT/REVISEDIGAAgreement.doc Page 13 Board Approved 07/20/00 B. Police Dispatch: Police dispatch costs will include personnel staffing requirements for all police consoles and associated direct costs for police dispatch. C. Fire/EMS Dispatch: Fire/EMS dispatch costs include personnel staffing requirements and all associated costs for fire/EMS dispatch. D. Technical: Personnel requirements and equipment for technical support are the costs included in the technical cost center. (This does not include parts.) E. Administration/overhead: Staffing and costs associated with the general day-to-day operation,i.e.,heating, electrical, insurances and supplies. STEP 3. Apportion Administration/overhead. Administration and overhead costs shall be charged to each cost center based on the cost center's share of total costs less administration and overhead. STEP 4. Apportion Call Answering Costs to Users. A. 9-1-1 Costs: 9-1-1 costs will be based on the proportionate time devoted to 9-1-1 call answering. Costs shall be allocated among all users based on the number of 9-1-1 calls for each user. B. Business Calls(7 -digit)/Incidents: The time allocated to business incident calls will be determined using the following process: Using the average time for 9-1-1 calls and multiplying the number provided by the management system of business incident calls will yield the total time allocated to business incidents. This figure shall be subtracted from the total time allocated to the business calls(provided by the call management system)thereby providing the time devoted to business calls generating incidents. WP51/AGMT/REVISEDIGAAgreement.doc Page 14 Board Approved 07/20/00 3. 7-digit business calls(incidents) shall be allocated to each user. C. Business Calls: The remaining amount of calls shall be allocated to each user based on the number of incidents per 9-1-1 and business/incident calls as determined by police and f ire/BMS dispatch. STEP 5. Police Dispatch Allocation. The costs, including administration and overhead, shall be allocated by consoles, i.e., sheriff consoles(county),and city consoles. The costs shall be allocated to each user based on incident activity level for each political jurisdiction based on the previous year Is activity and workload. Incident activity will be determined by number of dispatched incidents and number of officer-initiated incidents per jurisdiction. STEP 6. Fire/EMS Dispatch. Costs of the fire/EMS dispatch cost center, including administration and overhead,shall be apportioned to each user,based on incidents for each jurisdiction. STEP 7. Technical. Costs of technical, including administration and overhead, shall be allocated based on previous year usage of each member. WP51/AGMT/REVISEDIGAAgreement.doc Page 15 Board Approved 07/20/00 i i W.C.C.C.A. POL[C8 U*M•t�D[CAL WASHINGTON COUNTY CONSOLIDATED COMMUNICATIONS AGENCY MEMORANDUM DATE: December 27, 2001 TO: All Member Agencies FROM: Christina. Day, Management Analyst RE: Finalized IGA Please find enclosed your final signed copy of the IGA as amended in July 2000. Please feel free to call if you have any questions. Thanks! Christina Day, 17911 NW Evergreen Parkway Beaverton, OR 97006 Phone: 503.690.4911 Ext. 205 FAX 503.53:1.0186