Loading...
Resolution No. 90-54 CITY OF TIGARD, ORBOM RESOI:C7I IC K NO. 90-- J`" A ,F,S ILtrICV A,,j111 SPIM1 G THE Cr1`Y OF TIGARE? TOIIE�YE A Ct�t3�sz OF 1� 4a4 it2�"'1CbI cX3:7N't'Y C K-INSOLMATM 00MMNICATIONS AGENCY AM To suPPMT- AWLNC T r-DCEX IVE WARD RN PRESE WATIOr; WHEpEAS, juris --t.cns with - Washington Cx unty de-serve to —opa:atively establish a cxxvsolidated Public Safety C.mYtir-cations system, inclusive of 9-1-1; and yaIERFAS, the Washington county Consolidated commavnications Agency will provide cooperative and coordinated 9-1-1 prig-try public sa-fety anscreri.ng paint arta d—,-pat--h paint for police, fire, and emergeruy .t-,q&cal services; and `4hF:RPAS, the goverrLing body of tha Was<'niniton Ootmty Consolidated Cxamumi:ations Agency shall have rerxesentation from each participating jurisdiction; and VaUgRFAS, an F:>cecutive Board of five repre entazives appointed by the governing body shall. be established, and a I�--ttcr of Agreement shall provide for adjux-x-t Exec-tive E3caard representation for participating jurisdictions -tio xray ransol ie%te czmaaricat arae operation,; and V&M�IACS, the cxX4:�erative and coordinated c)ogau ications agency will benefit the citizens of all participating jurisdictions. 14OW, T3 E£L RE, BE IT RESOUVED by t3 Tigard City Council that: Section `s: 1!he Tigard City mil aathorizes the initiation of the l s tergovvxnrw,ntal A frec e t and Iettle-r of Agreen ent for Ekecutive Board representation. PASSED. This ] !e day of ` �1 1990. f = City of Ti_garrl A71`S : Cotmcil President l t Cs_ty F.enardi - City of Tigard -T FUZC.'YT FICN No. SC--- Page t__Page 1 INTERGOVERNMENTAL AGREEMENT WASHINGTON COUNTY CONSOLIDATED COMMUNICATIONS AGENCY THIS AGREEMENT, is made and entered .into, pursuant to ORS 190.010 and by and among the Cities of Beaverton, Cornelius, Durham, Gaston, Hillsboro, King City, North Plains, Sherwood, Tigard and Tualatin; the Fire Districts of Tualatin Valley Fire & Rescue, Washington County No. 2; and Washington County (herein "participating jurisdictions') WITNESSETH WHEREAS the participating jurisdictions desire to establish a public safety emergency communications system inclusive of a 9-1-1 jurisdiction as contemplated by ORS 401.710 to 401.790 to be known as the "Agency," and WHEREAS the Agency is to provide a cooperative and coordinated 9-1-1 primary public safety answering point and dispatch point for police, fire and emergency medical services for the benefit of the citizens of all participating jurisdicz1ons. June 1, 1990 INTERGOVERNMENTAL AGREEMENT Page 2 TERMS AND CnNDITIONs 1. WASHINGTON CgqtTT)L CONSOLIDATED CoVMUNIcATIoL4s 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 WASHINCT014 COUNTY COI-TSOLIDATED C-010MIN I CATIONS AGENCY. 2. In-VjF--Rq-A14D AUITHQE�1--TX 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 401.79il, including, but not limited to, contracting for such services. 3. GOVERNING BODY a. The Agency shall be governed by a Board of Commissionern (he37cin "Board") consisting of one representative from each participating, jurisdiction. Eacl-. participating jurisdiction shall appoint-, at -its pieasure-, onn- primary Julie 1, 191-- INTERGOVERNMENTAL AGREEMENT representative and one alternative representative, who may attend all Board meetings and deliberate and vote 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. The Board shall be responsible for 1) appointment and establishment of employment terns and conditions, including compensation, of a k- communications Director, 2) establishment of Agency service levels; 3) adoption of an annual operating budget, in accordance With ORS 294.900 to 294.930, including determination of participating jurisdiction assessments (in accordance with an agreed-upon User Formula) 4) provide for an annual audit: of the Agency's finances, and 5) promulgate rules for the orderly management of Agency personnel matters. C. All, meetings of the Board and E-Board shall be held in accordance with Oregon. Public Meeting INTERGOVERNMENTAL AGREEMENT Page 4 Laws, ORS 192.610 to 192_620. A majority of the members of the Board shall ccnstitute a quorum for purpose of deliberation and decision of the Agency. Each participating jurisdiction's representative shall have one vote. All * , dscg4'�yons of the Board, unless otherwise provided 1 her'iz�in, shall require a majority vote of those representatives in attendance and voting. d. The 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 :Warner of election of Board officers, 4) procedures for executing documents on behalf of Agency; and B) Executive Board and User Committee rules of procedure. e. The Board, al_. its first organizational meeting. shall elect a Chairman, First Vice-Chairman and Second Vice-Chairman. The term of these officers shall be until January, 1992, and thereafter f Sunt 1, 1990 INTERGOVERNMENTAL AGREEMENT Page 5 these officers shall be elected at the Board's first meeting in Januar-y of even-numbered years and for tiro-year terms. The Chair-man, and In his/her absence the First Vice-Chairman, and in his/her absence the Second Vice-Chairman, shall preside over all 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 Law--. 4. FXECtal-, LE BOARD a. There is hereby established an Executive Board (herein 19E-Board") consisting,of five (5) participating jurisdiction representatives appointed by the Board but including the Chairman, First Vice-Chairman and Second Vice-Chairman. The E-Board shall include the Washington County Board representative. b. The E-Board shall, among other thingz4 1) consider applicants and make recommendations to the Board June 1, 1990 INTERGOVERNMENTAL AGREEMENT Page 6 for the position of Communications Director; 2) Provide advice and counsel to the Communications Director in the development of the Agency's annual operating budget and recommend approval of an operating budget to the Board, 3) review policies and make recommendations relative to personnel, administrative operation and service level standards; 4) maintain oversight and assistance to the Communications Director; and 5) perform other duties and responsibilities which may be assigned by the Board. C. A majority of the members of the E-Board attending a duly held meeting shall constitute a quorum for the purpose of deliberation and decision. Each E--Board mearaber shall have one vote. Approval of at least three (3) E.-Board members in attendance is required for any action. 5. TECHNICAL AI�VISr�RX CO T-TEE a_ There is hereby established a Technical Advisory Committee (herein "User Committee,,) cozsisting Julie 1, 1990 INTERGOVERNMENTAL AGREEMENT Page 7 of one representative appointed from each c•f the following agencies; Beaverton Police, Cornelius Police, Gaston Police, Hillsboro Police, King City Police, North Plains Police, Sherwood Police, Tigard Police, Washington County Rmer•zency Medical Services, .Tualatin Police, Washington County Sheriff's Office, Beaverton Fir--, Hillsboro Fire, Tualatin_ Valley Fire & Rescue, and Washington County Fire No. 2. User Committee representatives shall be employees of their respective agency, b• The User Committee shall 1) Provide advice and counsel to the Board, E-Board and Communicatlons 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. June 1, 191A INTERGOVERNMENTAL AGREEMENT Page 8 C. A majority of the User. Committee members in attendance at a duly held meeting shall constitute a cruorum, 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 irs first organizational meeting, shall elect a Chairman, First Vice-chairman, and Second Vice-Chairman 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 Chairman or any two (2) members upon at least seven (7) days prior written notice to all User Committee members. 6. C-0 UCATIONS DIR2�gXQ_R a. The Board shall select and appoint a Communications Director, based upon administrative and technical competence. June Y, IWO INTERGOVERNMENTAL AGREEMENT Page 9 b. The Communications Director shall be the chief administrative officer of the Agency and be responsible for 1) Agency administration, perso;inel, 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 rui.es and policies; S) attending and providing executive staffing of Board, E-Board and User Committee meetings; 5) preparing SOPS for User Committee review and consideration and Board adoption; and 6) preparing and presenting to the Agency Budget Committee, not later than the first Monday in January, a proposed budqet for the next budget year. 7. FUNDING The services of the Agency shall be funded from contributions or assignment of :conies from participating jurisdictions. Participating .T Lt1C 1_ 1990 ZNTERGOVEIF?NMENTAL AGREEMENT Page 10 jx:risdi.ction contributions shall be made in the manner described in Appendix A attached hereto and known as tha 1User 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 ir. accordance with the User Formula as set forth in Appendix A. The Interim User Formula outlined in Appendix A shall become effective for allocation of Agency costs in Fiscal Year 91-92. Fiscal Year 90-91 costs will remain consistent for the Agency users based on the formula outlined in the adopted Fiscal Year 90-91 Agency budget. Fiscal Year 90-91 costs for participating jurisdictions consolidating communications operations prior to Fiscal Year 91-92 shall be determined based on actual costs incurred by the Agency for the consolidation of the participating jurisdictions_ in addition to participating jurisdiction contributions, the Agency may apply for, and seek funding or money from, any available and appropriate source. The Agency's annual June i., 19W INTERGOVERNMENTAL AGREEMENT Page 11 operating budget shall be approved not later than the first Monday in March of each year for the ensuing fiscal year. a. The Board shall consider and adopt policies relating to ownership and maintenance responsibilities for ecruipment necessary fur the operation of the Agericy. Upon adoption of such policies by the Board, the Communicatlions. Director shall cause them to be mailed to ea•ch t. 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 jurisdiction-- and the policies shall be deemed effective as of that date. June 1" 199 INTERG:CrL'R_MMENTAL ACREEMEN`i` Page 12 b. In the event of Agency dissolution, all equipment and furnishings shall, to the extent practicable, be returned to the participating jurisdiction that provided such equipment or furnishings. Equipment and furnishings not identified foc return to a participating jurisdiction shzallbe sold, in accordance with applicable law, and the funds from such sale distributed to the participating jurisasctions in proportion to their funding contribution to the .Agency for the preceding three (3) year period. 9. INC_�ASING MEMBERSHIP The 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 Agency members. All participating jurisdictions shall be responsible for directly or indirectly providing an emergency service. Emergency services are police, fire or emergency medical services. June 1, 193- INTERGOVERNMENTAL AGREEMENT Page 13 10. d7URA`SION. VITHDRAk7AL AND TERMINATI N3 This Agre--ment is perpetual and the Agency shall continue from Year-to-year provided, however, I.) any participating jurisdiction may withdraw froiu the Agency upon providing written notice to the Chairman not later.- than June 30 of any year for withdrawal effective July I of the following calendar year, and 2) the Agency may be dissolved upon mutlial 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. 11. BEMEDIES 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'v 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 .Furse 1, 19'� INTERGOVERNMENTAL AGREEMENT Page 14 party shall be entitled to reasonable attorney fees and costs, including any fees and costs incurred in an -ppeal, and as determined by the appropriate court. 12. AMENDMENTS This Agreement may only be. changed, modified or amended upon three-fourths (3/4) vote of all participating jurisdictions- 2.3. BfECTJVE 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, Inc-e.2_sin Xgmb_ - rshiR, 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 *heir 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 9, Sa=rgasina Mn-mbqrship. June 1, 1990 INTERGOVERNMENTAL AGREEMENT Page 15 14. PRIOR AGREEMENTS The agreement establishing the Washington County Consolidated Cornmunications Agency (WCCCA) , effective July 1, 1985, shall remain in full force and effect until the effactive date of this Agreement. This Agreement, .apon its effective date, supersedes the previous WCCCA Intergovernmental Agreement, however, any and all prior agreements of WCCCA arid./or between the participating jurisdictions regarding cooperative and covrdinatcd 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 7-inti-1 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. SEVE- BILITY The terms of this Agreement are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Agreemert that results on the invalidity of any part, shall not affect the remainder of the Agreement. June 1, 1994) INTERGOVERNMENTAL AGREEMENT Page 16 16. INTERPRETATION The terms and conditions of this Agreement shall be liberally construed in accordance with the general purposes of this Agreement. 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. DATED this day of----, 1990. City of Beaverton City Attorney APPROVED AS TO FORM DAT,D this day of 1990. ity of Corneius City Attorney APPROVED AS TO FORM tK, DATED this CZt day of 1990. City Zf Durbd" ity Attorney ca, PROVED AS TO FOPM. June 1, 1990 INTERGOVER14MENTAL AGREEMENT Page 17 DATED this day of 1190. City of Gaston _ City Attorney APPROVED AS TO FORM DATED this _ d day of 1910. ¢,ity of City Attorney ' APPROVED AS .CO FORM DATED this ..�? day of 1990. ' � Ci y of Kin, amity City Attorney APPROVED AS TO FORM DATED this / dayof 1990. CWi Of North Plains City Attorney ' V :_ �� - n, } APPROVED As To FORM " DATED this day of I.a90. City of Sherwood City Attorney APPROVED AS TO FORM Sune 7, 139-3 INTERGOVERNMENTAL AGREEMENT Page 18 DATED this �� � day of R C C't11{- 1430. _T�: �,�' �'i;' 111, ' ( L•I�Jr``_ ---.-� __ �---�„\'����i.,_�i=�?,�-�,..- Ci"(--y of Pigard; City Attorney 4 APPROVED AS TO FORM DAT th` z day of / b _ 1990. ) City of Tuaz' in City Attorney APPROVED AS TO FORM `¢J DATED t2i15 day df vGr�J7� , 1990. Tualatin valley Fire & Rescue Legal Counsel APPROVED AS TO FOR-14 l D 1LLg; y the day of 1990. Washyt n County Fire Legal counsel Distrix No. 2 APPROVED AS TO FO-PM DATED this >-7 71/clay of 6r� T _: 1990. a hington County Legal, Counsel APPROVED AS TO FORT: J:s�c 1, 1.99ry. ■ APPENDIX A An interila user formula shall be utilized as the cost distribution formula prior to the installation of technological enhancements allowing for the collection of workload data. The following interim formula shall be utilized for the pumpose of cost allocation based on per console costs. After technological enhancements have been implemented for a period of six (5) months, a data base shall be completed outlining workload activity data for each user. The workload user cost formula, outlined as "User Formula19 and contained within Appendix A shall then be presented to the Board for adoption, prior to the implementation of the workload user cost formula. INTEE_1K 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. Fire/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 adninistrativeloverhead 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. May, lWO Apr-,cmlix A - Page Z (m m\user-fondoc) After each division has had all direct and indirect costs distributed, 9-1-1 revenge will be used to fund the 9-1-1 division. Excess 9-1-1 revenue will be distrirjuted to offset costs to the police division and the fire/EMS division on a proportional share of 9-1--1 activity. The fire/EMS dispatch console costs will then be apportioned to each fire user based capon a proportional share of actual incidents, based on tho previous year's activity revels. 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 jurisdic-pions, the console cost shall be apportioned b<.sed on the percentage of population served. May, 1990 Appendix A - Page 2 {mmt u.scr-fos.doc) ,JSFR 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 Executive Board of the Commission for the review and adoption of a workload .:ser formula. The revised `ormula shall be patterned directly from the following cost dis;:r.ibution 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 revere-ae, 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. All 9-1-1 Excise Tax Revenue received by each participating jurisdiction shall be directly forwarded to the commission. The operating budget of the Commission shcsll be prepared and costs allocated to users as identified in the following steps. STEP 1. Identi y Ccst renters. A. Five (5) cost centers are identified: 1. Cali Answering 2. Police Dispatch 3. Eire/EMS Dispatch 4. Technical Support 5. Administration/Overhead STEP 2. Identify Operatina 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. May, 1990 Appendix A - Page 3 (mm\usor-fs.doc) B. Police Dispatch: Police dispatch cosh :sill include personnel staffing requirements for all police consoles and associated direct costs for police dispatch. C_ Fire/EMS Dispatch: Fire./FNS dispatch costs include personnel staffing requirements and all associated costs for fire/E:,9S di. :gatc:1 D. Technical: Personnel requirc:.cnts 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_ Rp}aortion Aduainistrat ion16verhead. f Adamir,ist-ration and overhead costs shall be charged to each cast canter based on the cost center's share of total costs less administration and overhead.. STEP 4_ Aportior Call I�nswerincl CostG ts�Jsers. A. 9-1-1 Costs: 9-1•-1 cost.,, 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 ne deter.-mined using the following process: 1. 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 tire allocated to business incidents. May, 191A Appen�'x A - Page 4 (rrm\u cr-for.dcc) 2. 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. 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 detcrmired by police and Pira/EMS dispatch. STEP 5. �o1=ce Dic: arch All^cation. The costs, including administration and overhead, shall be allocated by consoles, i.o., 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's activity and :workload. Incident activity will be dete�_mined by number of dispatched incidents and number of officer-initiated incidents per jurisdiction. STEP 6. Firq4EMq Di�atc:h, Costs of the fire/EMS dispatch cost center, including admiz:.istration 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. May, 1990~ Appendix A - Page S (cun\uscr-for.doc) WASHINGTON COUNTY CONSOLIDATED COMMUNICATIO11S AGENCY LETTER OF AGREEMENT The participating jurisdictions of the "Washington County Consolidated Communications Agency" hereby agree to an interim process allowing for adjunct representation to the E-Board of the "Washington County Consolidated Communications Agency_" Adjunct representation to the E-Board will be provided for participating jurisdictions, responsible for the governance and operation of an existing communications center, who will ultimately consolidate personnel, operations, and governance of communications to the "Washington County Consolidated Communications Agency." Should a participating jurisdiction be appointer) as an E-Board member, they shall not have adjunct representation. Adjunct E-Board representatives will be voting member--. Adjunct membership to the E-Board shall remain in effect for a period of six months after th,- effective date of the Intergovernmental Agreement. Further extension of the six-month adjunct rep-re sentat.ion is subject to approval by the Agency Board of Commissioners. City of Beaverton Date C'ty of Cornelius Date City If Durha4 Date City of Gaston Date LETTER OF AGREEMENT s� Page 2 ' - - L- -`�- City of Hillsboro ate �rJ e -kJL54 & 4, 1990 Ci y of King City 4y of North Plains ! Date City of Sherwood Date Cft of Tigard, Co..—:t P..rs-_-+ -- Date City of Tua tin Date Tualatin, Valley Fire & Rescue Date IIA 9'10 Washin t�nCounty Fire Date Disrric No. 2 -- ��aex, —,4Js�isT Washington County Date